Sen. Chris Nybo
Filed: 4/4/2017
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1 | AMENDMENT TO SENATE BILL 1606
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2 | AMENDMENT NO. ______. Amend Senate Bill 1606 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Department of Innovation and Technology Act. | ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Bureau of Communications and Computer Services" means the | ||||||
8 | Bureau of Communications and Computer Services, also known as | ||||||
9 | the Bureau of Information and Communication Services, created | ||||||
10 | by rule (2 Illinois Administrative Code 750.40) within the | ||||||
11 | Department of Central Management Services. | ||||||
12 | "Client agency" means each transferring agency, or its | ||||||
13 | successor. "Client agency" also includes each other public | ||||||
14 | agency to which the Department provides service. | ||||||
15 | "Dedicated unit" means the dedicated bureau, division, | ||||||
16 | office, or other unit within a transferring agency that is |
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1 | responsible for the information technology functions of the | ||||||
2 | transferring agency. For the Office of the Governor, "dedicated | ||||||
3 | unit" means the Information Technology Office, also known as | ||||||
4 | the Office of the Chief Information Officer. For the Department | ||||||
5 | of Central Management Services, "dedicated unit" means the | ||||||
6 | Bureau of Communications and Computer Services, also known as | ||||||
7 | the Bureau of Information and Communication Services. | ||||||
8 | "Department" means the Department of Innovation and | ||||||
9 | Technology. | ||||||
10 | "Information technology" means technology, infrastructure, | ||||||
11 | equipment, systems, software, networks, and processes used to | ||||||
12 | create, send, receive, and store electronic or digital | ||||||
13 | information, including, without limitation, computer systems | ||||||
14 | and telecommunication services and systems. "Information | ||||||
15 | technology" shall be construed broadly to incorporate future | ||||||
16 | technologies (such as sensors) that change or supplant those in | ||||||
17 | effect as of the effective date of this Act. | ||||||
18 | "Information technology functions" means the development, | ||||||
19 | procurement, installation, retention, maintenance, operation, | ||||||
20 | possession, storage, and related functions of all information | ||||||
21 | technology. | ||||||
22 | "Information Technology Office" means the Information | ||||||
23 | Technology Office, also known as the Office of the Chief | ||||||
24 | Information Officer, within the Office of the Governor, created | ||||||
25 | by Executive Order 1999-05, or its successor. | ||||||
26 | "Secretary" means the Secretary of Innovation and |
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1 | Technology. | ||||||
2 | "State agency" means each State agency, department, board, | ||||||
3 | and commission directly responsible to the Governor. | ||||||
4 | "Transferring agency" means the Department on Aging; the | ||||||
5 | Departments of Agriculture, Central Management Services, | ||||||
6 | Children and Family Services, Commerce and Economic | ||||||
7 | Opportunity, Corrections, Employment Security, Financial and | ||||||
8 | Professional Regulation, Healthcare and Family Services, Human | ||||||
9 | Rights, Human Services, Insurance, Juvenile Justice, Labor, | ||||||
10 | Lottery, Military Affairs, Natural Resources, Public Health, | ||||||
11 | Revenue, State Police, Transportation, and Veterans' Affairs; | ||||||
12 | the Capital Development Board; the Deaf and Hard of Hearing | ||||||
13 | Commission; the Environmental Protection Agency; the | ||||||
14 | Governor's Office of Management and Budget; the Guardianship | ||||||
15 | and Advocacy Commission; the Historic Preservation Agency; the | ||||||
16 | Illinois Arts Council; the Illinois Council on Developmental | ||||||
17 | Disabilities; the Illinois Emergency Management Agency; the | ||||||
18 | Illinois Gaming Board; the Illinois Health Information | ||||||
19 | Exchange Authority; the Illinois Liquor Control Commission; | ||||||
20 | the Illinois Student Assistance Commission; the Illinois | ||||||
21 | Technology Office; the Office of the State Fire Marshal; and | ||||||
22 | the Prisoner Review Board. | ||||||
23 | Section 10. Transfer of functions. On and after March 25, | ||||||
24 | 2016 (the effective date of Executive Order 2016-001): | ||||||
25 | (a) For each transferring agency, the dedicated unit or |
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1 | units within that agency responsible for information | ||||||
2 | technology functions together with those information | ||||||
3 | technology functions outside of the dedicated unit or units | ||||||
4 | within a transferring agency to which this Act applies shall be | ||||||
5 | designated by the Governor. | ||||||
6 | (b) All powers, duties, rights, and responsibilities of | ||||||
7 | those dedicated units and information technology functions | ||||||
8 | designated by the Governor are transferred to the Department of | ||||||
9 | Innovation and Technology. | ||||||
10 | (c) The personnel of each transferring agency designated by | ||||||
11 | the Governor are transferred to the Department of Innovation | ||||||
12 | and Technology. The status and rights of such employees under | ||||||
13 | the Personnel Code shall not be affected by the transfer. The | ||||||
14 | rights of the employees and the State of Illinois or its | ||||||
15 | transferring agencies under the Personnel Code, the Illinois | ||||||
16 | Public Labor Relations Act, and applicable collective | ||||||
17 | bargaining agreements or under any pension, retirement, or | ||||||
18 | annuity plan shall not be affected by this Act. To the extent | ||||||
19 | that an employee performs duties for the dedicated unit, | ||||||
20 | information technology functions, and duties for the | ||||||
21 | transferring agency itself or any other division or agency | ||||||
22 | within the transferring agency that are dedicated to | ||||||
23 | non-information technology functions, that employee shall be | ||||||
24 | transferred at the Governor's discretion. | ||||||
25 | (d) All books, records, papers, documents, property (real | ||||||
26 | and personal), contracts, causes of action, and pending |
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1 | business pertaining to the powers, duties, rights, and | ||||||
2 | responsibilities relating to dedicated units and information | ||||||
3 | technology functions transferred under this Act to the | ||||||
4 | Department of Innovation and Technology, including, but not | ||||||
5 | limited to, material in electronic or magnetic format and | ||||||
6 | necessary computer hardware and software, shall be transferred | ||||||
7 | to the Department of Innovation and Technology. | ||||||
8 | (e) All unexpended appropriations and balances and other | ||||||
9 | funds available for use relating to dedicated units and | ||||||
10 | information technology functions transferred under this Act | ||||||
11 | shall be transferred for use by the Department of Innovation | ||||||
12 | and Technology at the direction of the Governor. Unexpended | ||||||
13 | balances so transferred shall be expended only for the purpose | ||||||
14 | for which the appropriations were originally made. | ||||||
15 | (f) The powers, duties, rights, and responsibilities | ||||||
16 | relating to dedicated units and information technology | ||||||
17 | functions transferred by this Act shall be vested in and shall | ||||||
18 | be exercised by the Department of Innovation and Technology. | ||||||
19 | (g) Whenever reports or notices are now required to be made | ||||||
20 | or given or papers or documents furnished or served by any | ||||||
21 | person to or upon each dedicated unit in connection with any of | ||||||
22 | the powers, duties, rights, and responsibilities relating to | ||||||
23 | information technology functions transferred by this Act, the | ||||||
24 | same shall be made, given, furnished, or served in the same | ||||||
25 | manner to or upon the Department of Innovation and Technology. | ||||||
26 | (h) This Act does not affect any act done, ratified, or |
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1 | cancelled or any right occurring or established or any action | ||||||
2 | or proceeding had or commenced in an administrative, civil, or | ||||||
3 | criminal cause by each dedicated unit relating to information | ||||||
4 | technology functions before the transfer of responsibilities | ||||||
5 | under this Act; such actions or proceedings may be prosecuted | ||||||
6 | and continued by the Department of Innovation and Technology. | ||||||
7 | (i) Any rules of a dedicated unit or a transferring agency | ||||||
8 | that relate to the powers, duties, rights, and responsibilities | ||||||
9 | relating to the dedicated unit or to information technology | ||||||
10 | functions and are in full force on the effective date of this | ||||||
11 | Act shall become the rules of the Department of Innovation and | ||||||
12 | Technology. This Act does not affect the legality of any such | ||||||
13 | rules in the Illinois Administrative Code. | ||||||
14 | (j) Any proposed rules filed with the Secretary of State by | ||||||
15 | the dedicated unit or the transferring agency that are pending | ||||||
16 | in the rulemaking process on March 25, 2016 (the effective date | ||||||
17 | of Executive Order 2016-001) and that pertain to the powers, | ||||||
18 | duties, rights, and responsibilities of the dedicated unit or | ||||||
19 | the information technology functions transferred, shall be | ||||||
20 | deemed to have been filed by the Department of Innovation and | ||||||
21 | Technology. As soon as practicable, the Department of | ||||||
22 | Innovation and Technology shall revise and clarify the rules | ||||||
23 | transferred to it under this Act to reflect the reorganization | ||||||
24 | of powers, duties, rights, and responsibilities relating to | ||||||
25 | information technology functions affected by this Act, using | ||||||
26 | the procedures for recodification of rules available under the |
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1 | Illinois Administrative Procedure Act, except that existing | ||||||
2 | title, part, and section numbering for the affected rules may | ||||||
3 | be retained. The Department of Innovation and Technology may | ||||||
4 | propose and adopt under the Illinois Administrative Procedure | ||||||
5 | Act such other rules of each dedicated unit or transferring | ||||||
6 | agency that will now be administered by the Department of | ||||||
7 | Innovation and Technology. | ||||||
8 | Section 15. Powers and duties. The Department shall promote | ||||||
9 | best-in-class innovation and technology to client agencies to | ||||||
10 | foster collaboration among client agencies, empower client | ||||||
11 | agencies to provide better service to residents of Illinois, | ||||||
12 | and maximize the value of taxpayer resources. The Department | ||||||
13 | shall be responsible for information technology functions on | ||||||
14 | behalf of client agencies. | ||||||
15 | The Department shall provide for and coordinate | ||||||
16 | information technology for State agencies and, when requested | ||||||
17 | and when in the best interests of the State, for State | ||||||
18 | constitutional offices, units of federal or local governments, | ||||||
19 | and public and not-for-profit institutions of primary, | ||||||
20 | secondary, and higher education, or other parties not | ||||||
21 | associated with State government. The Department shall | ||||||
22 | establish charges for information technology for State | ||||||
23 | agencies and, when requested, for State constitutional | ||||||
24 | offices, units of federal or local government, and public and | ||||||
25 | not-for-profit institutions of primary, secondary, or higher |
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1 | education and for use by other parties not associated with | ||||||
2 | State government. Entities charged for these services shall | ||||||
3 | make payment to the Department. The Department may instruct all | ||||||
4 | State agencies to report their usage of information technology | ||||||
5 | regularly to the Department in the manner the Secretary may | ||||||
6 | prescribe. | ||||||
7 | The Department and each public agency shall continue to | ||||||
8 | have all authority provided to them under the Intergovernmental | ||||||
9 | Cooperation Act and other applicable law to enter into | ||||||
10 | interagency contracts. The Department may enter into contracts | ||||||
11 | to use personnel and other resources that are retained by | ||||||
12 | client agencies or other public agencies, to provide services | ||||||
13 | to public agencies within the State, and for other appropriate | ||||||
14 | purposes to accomplish the Department's mission. | ||||||
15 | Section 20. Security and interoperability. The Department | ||||||
16 | shall develop and implement standards, policies, and | ||||||
17 | procedures to protect the security and interoperability of | ||||||
18 | State data, including in particular data that are confidential, | ||||||
19 | sensitive, or protected from disclosure by privacy or other | ||||||
20 | laws, while recognizing and balancing the need for | ||||||
21 | collaboration and public transparency. The Department shall | ||||||
22 | comply with applicable federal and State laws pertaining to | ||||||
23 | information technology, data, and records of the Department and | ||||||
24 | the client agencies, including, without limitation, the | ||||||
25 | Freedom of Information Act, the State Records Act, the Personal |
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1 | Information Protection Act, the federal Health Insurance | ||||||
2 | Portability and Accountability Act, the federal Health | ||||||
3 | Information Technology for Economic and Clinical Health Act, | ||||||
4 | and the federal Gramm-Leach-Bliley Act. | ||||||
5 | Section 25. Charges for services; non-State funding. The | ||||||
6 | Department may establish charges for services rendered by the | ||||||
7 | Department to client agencies from funds provided directly to | ||||||
8 | the client agency by appropriation or otherwise. In | ||||||
9 | establishing charges, the Department shall consult with client | ||||||
10 | agencies to make charges transparent and clear and seek to | ||||||
11 | minimize or avoid charges for costs for which the Department | ||||||
12 | has other funding sources available. | ||||||
13 | Client agencies shall continue to apply for and otherwise | ||||||
14 | seek federal funds and other capital and operational resources | ||||||
15 | for technology for which the agencies are eligible and, subject | ||||||
16 | to compliance with applicable laws, regulations, and grant | ||||||
17 | terms, make those funds available for use by the Department. | ||||||
18 | The Department shall assist client agencies in identifying | ||||||
19 | funding opportunities and, if funds are used by the Department, | ||||||
20 | ensuring compliance with all applicable laws, regulations, and | ||||||
21 | grant terms. | ||||||
22 | Section 30. Information technology. | ||||||
23 | (a) The Secretary shall be the Chief Information Officer | ||||||
24 | for the State and the steward of State data with respect to |
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1 | those agencies under the jurisdiction of the Governor. It shall | ||||||
2 | be the duty of the Department and the policy of the State of | ||||||
3 | Illinois to manage or delegate the management of the | ||||||
4 | procurement, retention, installation, maintenance, and | ||||||
5 | operation of all information technology used by client | ||||||
6 | agencies, so as to achieve maximum economy consistent with | ||||||
7 | development of appropriate and timely information in a form | ||||||
8 | suitable for management analysis, in a manner that provides for | ||||||
9 | adequate security protection and back-up facilities for that | ||||||
10 | equipment, the establishment of bonding requirements, and a | ||||||
11 | code of conduct for all information technology personnel to | ||||||
12 | ensure the privacy of information technology information as | ||||||
13 | provided by law. | ||||||
14 | (b) The Department shall be responsible for providing the | ||||||
15 | Governor with timely, comprehensive, and meaningful | ||||||
16 | information pertinent to the formulation and execution of | ||||||
17 | fiscal policy. In performing this responsibility the | ||||||
18 | Department shall have the power to do the following: | ||||||
19 | (1) Control the procurement, retention, installation, | ||||||
20 | maintenance, and operation, as specified by the | ||||||
21 | Department, of information technology equipment used by | ||||||
22 | client agencies in such a manner as to achieve maximum | ||||||
23 | economy and provide appropriate assistance in the | ||||||
24 | development of information suitable for management | ||||||
25 | analysis. | ||||||
26 | (2) Establish principles and standards of information |
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1 | technology-related reporting by client agencies and | ||||||
2 | priorities for completion of research by those agencies in | ||||||
3 | accordance with the requirements for management analysis | ||||||
4 | specified by the Department. | ||||||
5 | (3) Establish charges for information technology and | ||||||
6 | related services requested by client agencies and rendered | ||||||
7 | by the Department. The Department is likewise empowered to | ||||||
8 | establish prices or charges for all information technology | ||||||
9 | reports purchased by agencies and individuals not | ||||||
10 | connected with State government. | ||||||
11 | (4) Instruct all client agencies to report regularly to | ||||||
12 | the Department, in the manner the Department may prescribe, | ||||||
13 | their usage of information technology, the cost incurred, | ||||||
14 | the information produced, and the procedures followed in | ||||||
15 | obtaining the information. All client agencies shall | ||||||
16 | request from the Department assistance and consultation in | ||||||
17 | securing any necessary information technology to support | ||||||
18 | their requirements. | ||||||
19 | (5) Examine the accounts and information | ||||||
20 | technology-related data of any organization, body, or | ||||||
21 | agency receiving appropriations from the General Assembly. | ||||||
22 | (6) Install and operate a modern information | ||||||
23 | technology system utilizing equipment adequate to satisfy | ||||||
24 | the requirements for analysis and review as specified by | ||||||
25 | the Department. Expenditures for information technology | ||||||
26 | and related services rendered shall be reimbursed by the |
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1 | recipients. The reimbursement shall be determined by the | ||||||
2 | Department as amounts sufficient to reimburse the | ||||||
3 | Technology Management Revolving Fund for expenditures | ||||||
4 | incurred in rendering the services. | ||||||
5 | (c) In addition to the other powers and duties listed in | ||||||
6 | subsection (b), the Department shall analyze the present and | ||||||
7 | future aims, needs, and requirements of information | ||||||
8 | technology, research, and planning in order to provide for the | ||||||
9 | formulation of overall policy relative to the use of | ||||||
10 | information technology and related equipment by the State of | ||||||
11 | Illinois. In making this analysis, the Department shall | ||||||
12 | formulate a master plan for information technology, utilizing | ||||||
13 | information technology most advantageously, and advising | ||||||
14 | whether information technology should be leased or purchased by | ||||||
15 | the State. The Department shall prepare and submit interim | ||||||
16 | reports of meaningful developments and proposals for | ||||||
17 | legislation to the Governor on or before January 30 each year. | ||||||
18 | The Department shall engage in a continuing analysis and | ||||||
19 | evaluation of the master plan so developed, and it shall be the | ||||||
20 | responsibility of the Department to recommend from time to time | ||||||
21 | any needed amendments and modifications of any master plan | ||||||
22 | enacted by the General Assembly. | ||||||
23 | (d) The Department may make information technology and the | ||||||
24 | use of information technology available to units of local | ||||||
25 | government, elected State officials, State educational | ||||||
26 | institutions, the judicial branch, the legislative branch, and |
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1 | all other governmental units of the State requesting them. The | ||||||
2 | Department shall establish prices and charges for the | ||||||
3 | information technology so furnished and for the use of the | ||||||
4 | information technology. The prices and charges shall be | ||||||
5 | sufficient to reimburse the cost of furnishing the services and | ||||||
6 | use of information technology. | ||||||
7 | (e) The Department may establish standards to provide | ||||||
8 | consistency in the operation and use of information technology. | ||||||
9 | Section 35. Communications. | ||||||
10 | (a) The Department shall develop and implement a | ||||||
11 | comprehensive plan to coordinate or centralize communications | ||||||
12 | among State offices at different locations. The plan shall be | ||||||
13 | updated based on a continuing study of communications problems | ||||||
14 | of State government and shall include any information | ||||||
15 | technology related equipment or service used for communication | ||||||
16 | purposes including digital, analog, or future transmission | ||||||
17 | medium, whether for voice, data, or any combination thereof. | ||||||
18 | The plan shall take into consideration systems that might | ||||||
19 | effect economies, including, but not limited to, quantity | ||||||
20 | discount services and may include provision of | ||||||
21 | telecommunications service to local and federal government | ||||||
22 | entities located within this State if State interests can be | ||||||
23 | served by so doing. | ||||||
24 | (b) The Department shall provide for and coordinate | ||||||
25 | communications services for State agencies and, when requested |
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1 | and when in the best interests of the State, for units of | ||||||
2 | federal or local governments and public and not-for-profit | ||||||
3 | institutions of primary, secondary, and higher education. The | ||||||
4 | Department may make use of, or support or provide any | ||||||
5 | information technology related communications equipment or | ||||||
6 | services necessary and available to support the needs of | ||||||
7 | interested parties not associated with State government | ||||||
8 | provided that State government usage shall have first priority. | ||||||
9 | For this purpose the Department shall have the power to do all | ||||||
10 | of the following: | ||||||
11 | (1) Provide for and control the procurement, | ||||||
12 | retention, installation, and maintenance of communications | ||||||
13 | equipment or services used by State agencies in the | ||||||
14 | interest of efficiency and economy. | ||||||
15 | (2) Review existing standards and, where appropriate, | ||||||
16 | propose to establish new or modified standards for State | ||||||
17 | agencies which shall include a minimum of one | ||||||
18 | telecommunication device for the deaf installed and | ||||||
19 | operational within each State agency, to provide public | ||||||
20 | access to agency information for those persons who are | ||||||
21 | hearing or speech impaired. The Department shall consult | ||||||
22 | the Department of Human Services to develop standards and | ||||||
23 | implementation for this equipment. | ||||||
24 | (3) Establish charges for information technology for | ||||||
25 | State agencies and, when requested, for units of federal or | ||||||
26 | local government and public and not-for-profit |
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1 | institutions of primary, secondary, or higher education. | ||||||
2 | Entities charged for these services shall pay the | ||||||
3 | Department. | ||||||
4 | (4) Instruct all State agencies to report their usage | ||||||
5 | of communication services regularly to the Department in | ||||||
6 | the manner the Department may prescribe. | ||||||
7 | (5) Analyze the present and future aims and needs of | ||||||
8 | all State agencies in the area of communications services | ||||||
9 | and plan to serve those aims and needs in the most | ||||||
10 | effective and efficient manner. | ||||||
11 | (6) Provide telecommunications and other | ||||||
12 | communications services. | ||||||
13 | (7) Establish the administrative organization within | ||||||
14 | the Department that is required to accomplish the purpose | ||||||
15 | of this Section. | ||||||
16 | As used in this subsection (b) only, "State agencies" means | ||||||
17 | all departments, officers, commissions, boards, institutions, | ||||||
18 | and bodies politic and corporate of the State except (i) the | ||||||
19 | judicial branch, including, without limitation, the several | ||||||
20 | courts of the State, the offices of the clerk of the supreme | ||||||
21 | court and the clerks of the appellate court, and the | ||||||
22 | Administrative Office of the Illinois Courts, (ii) State | ||||||
23 | constitutional offices, and (iii) the General Assembly, | ||||||
24 | legislative service agencies, and all officers of the General | ||||||
25 | Assembly. | ||||||
26 | This subsection (b) does not apply to the procurement of |
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1 | Next Generation 9-1-1 service as governed by Section 15.6b of | ||||||
2 | the Emergency Telephone System Act. | ||||||
3 | Section 40. Bulk long distance telephone services for | ||||||
4 | military personnel in military service. | ||||||
5 | (a) As used in this Section only: | ||||||
6 | "Immediate family" means a service member's spouse | ||||||
7 | residing in the service member's household, brothers and | ||||||
8 | sisters of the whole or of the half blood, children, including | ||||||
9 | adopted children and stepchildren, parents, and grandparents. | ||||||
10 | "Military service" means any full-time training or duty, no | ||||||
11 | matter how described under federal or State law, for which a | ||||||
12 | service member is ordered to report by the President, Governor | ||||||
13 | of a state, commonwealth, or territory of the United States, or | ||||||
14 | other appropriate military authority. | ||||||
15 | "Service member" means a resident of Illinois who is a | ||||||
16 | member of any component of the United States Armed Forces or | ||||||
17 | the National Guard of any state, the District of Columbia, a | ||||||
18 | commonwealth, or a territory of the United States. | ||||||
19 | (b) The Department may enter into a contract to purchase | ||||||
20 | bulk long distance telephone services and make them available | ||||||
21 | at cost, or may make bulk long distance telephone services | ||||||
22 | available at cost under any existing contract the Department | ||||||
23 | has entered into, to persons in the immediate family of service | ||||||
24 | members that have entered military service so that those | ||||||
25 | persons in the service members' families can communicate with |
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1 | the service members. If the Department enters into a contract | ||||||
2 | under this Section, it shall do so in accordance with the | ||||||
3 | Illinois Procurement Code and in a nondiscriminatory manner | ||||||
4 | that does not place any potential vendor at a competitive | ||||||
5 | disadvantage. | ||||||
6 | (c) In order to be eligible to use bulk long distance | ||||||
7 | telephone services purchased by the Department under this | ||||||
8 | Section, a service member or person in the service member's | ||||||
9 | immediate family must provide the Department with a copy of the | ||||||
10 | orders calling the service member to military service in excess | ||||||
11 | of 29 consecutive days and of any orders further extending the | ||||||
12 | service member's period of military service. | ||||||
13 | (d) If the Department enters into a contract under this | ||||||
14 | Section, the Department shall adopt rules as necessary to | ||||||
15 | implement this Section. | ||||||
16 | Section 45. Grants for distance learning services. The | ||||||
17 | Department may award grants to public community colleges and | ||||||
18 | education service centers for development and implementation | ||||||
19 | of telecommunications systems that provide distance learning | ||||||
20 | services. | ||||||
21 | Section 50. Rulemaking. The Department may adopt rules | ||||||
22 | under the Illinois Administrative Procedure Act necessary to | ||||||
23 | carry out its responsibilities under this Act. |
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1 | Section 55. Executive Orders. | ||||||
2 | (a) Executive Order 2016-001. The Department of Innovation | ||||||
3 | and Technology was created by Executive Order 2016-001. This | ||||||
4 | Act is the implementation of that Executive Order, together | ||||||
5 | with additional provisions to ensure that the Department of | ||||||
6 | Innovation and Technology is able to function as intended under | ||||||
7 | that Executive Order. The intent of this Act is to ensure that | ||||||
8 | the Department is able to fulfill its duties and purpose under | ||||||
9 | that Executive Order. In the event of a conflict between the | ||||||
10 | provisions of the Executive Order and this Act, this Act shall | ||||||
11 | be controlling. | ||||||
12 | (b) Executive Order 1999-05. The Information Technology | ||||||
13 | Office, also known as the Office of the Chief Information | ||||||
14 | Officer, was created by Executive Order 1999-05. That Executive | ||||||
15 | Order is superseded by this Act. | ||||||
16 | Section 60. Construction. | ||||||
17 | (a) Notwithstanding any provision of law to the contrary, | ||||||
18 | on and after the effective date of this Act, references to | ||||||
19 | "Bureau of Communications and Computer Services", "Bureau of | ||||||
20 | Information and Communication Services", "Information | ||||||
21 | Technology Office", or "Office of the Chief Information | ||||||
22 | Officer" shall be construed as references to the Department of | ||||||
23 | Innovation and Technology. | ||||||
24 | (b) Notwithstanding any provision of law to the contrary, | ||||||
25 | on and after the effective date of this Act, references to |
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1 | "Chief Information Officer of the State" shall be construed as | ||||||
2 | references to the Secretary of Innovation and Technology. | ||||||
3 | Section 905. The Civil Administrative Code of Illinois is | ||||||
4 | amended by changing Sections 5-10, 5-15, 5-20, and 5-605 and by | ||||||
5 | adding Sections 5-195 and 5-357 as follows:
| ||||||
6 | (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
| ||||||
7 | Sec. 5-10. "Director". As used in the Civil Administrative | ||||||
8 | Code of
Illinois, unless the context clearly indicates
| ||||||
9 | otherwise, the word "director" means the several directors of | ||||||
10 | the departments
of State government as designated in Section | ||||||
11 | 5-20 of this Law and includes the Secretary of Financial and | ||||||
12 | Professional Regulation, the Secretary of Innovation and | ||||||
13 | Technology, the
Secretary of Human Services , and the Secretary | ||||||
14 | of Transportation.
| ||||||
15 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
16 | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| ||||||
17 | Sec. 5-15. Departments of State government. The | ||||||
18 | Departments of
State government are created as follows:
| ||||||
19 | The Department on Aging.
| ||||||
20 | The Department of Agriculture.
| ||||||
21 | The Department of Central Management Services.
| ||||||
22 | The Department of Children and Family Services.
| ||||||
23 | The Department of Commerce and Economic Opportunity.
|
| |||||||
| |||||||
1 | The Department of Corrections.
| ||||||
2 | The Department of Employment Security.
| ||||||
3 | The Illinois Emergency Management Agency.
| ||||||
4 | The Department of Financial and Professional Regulation.
| ||||||
5 | The Department of Healthcare and Family Services.
| ||||||
6 | The Department of Human Rights.
| ||||||
7 | The Department of Human Services.
| ||||||
8 | The Department of Innovation and Technology. | ||||||
9 | The Department of Juvenile Justice.
| ||||||
10 | The Department of Labor.
| ||||||
11 | The Department of the Lottery.
| ||||||
12 | The Department of Natural Resources.
| ||||||
13 | The Department of Public Health.
| ||||||
14 | The Department of Revenue.
| ||||||
15 | The Department of State Police.
| ||||||
16 | The Department of Transportation.
| ||||||
17 | The Department of Veterans' Affairs.
| ||||||
18 | (Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)
| ||||||
19 | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| ||||||
20 | Sec. 5-20. Heads of departments. Each department shall have | ||||||
21 | an
officer as its head who shall
be known as director or | ||||||
22 | secretary and who shall, subject to the
provisions of the Civil | ||||||
23 | Administrative Code of Illinois,
execute the powers and | ||||||
24 | discharge the duties
vested by law in his or her respective | ||||||
25 | department.
|
| |||||||
| |||||||
1 | The following officers are hereby created:
| ||||||
2 | Director of Aging, for the Department on Aging.
| ||||||
3 | Director of Agriculture, for the Department of | ||||||
4 | Agriculture.
| ||||||
5 | Director of Central Management Services, for the | ||||||
6 | Department of Central
Management Services.
| ||||||
7 | Director of Children and Family Services, for the | ||||||
8 | Department of Children and
Family Services.
| ||||||
9 | Director of Commerce and Economic Opportunity, for
the | ||||||
10 | Department of Commerce
and Economic Opportunity.
| ||||||
11 | Director of Corrections, for the Department of | ||||||
12 | Corrections.
| ||||||
13 | Director of the Illinois Emergency Management Agency, for | ||||||
14 | the Illinois Emergency Management Agency.
| ||||||
15 | Director of Employment Security, for the Department of | ||||||
16 | Employment Security.
| ||||||
17 | Secretary of Financial and Professional Regulation, for | ||||||
18 | the Department of Financial and Professional Regulation.
| ||||||
19 | Director of Healthcare and Family Services, for the | ||||||
20 | Department of Healthcare and Family Services.
| ||||||
21 | Director of Human Rights, for the Department of Human | ||||||
22 | Rights.
| ||||||
23 | Secretary of Human Services, for the Department of Human | ||||||
24 | Services.
| ||||||
25 | Secretary of Innovation and Technology, for the Department | ||||||
26 | of Innovation and Technology. |
| |||||||
| |||||||
1 | Director of Juvenile Justice, for the Department of | ||||||
2 | Juvenile Justice.
| ||||||
3 | Director of Labor, for the Department of Labor.
| ||||||
4 | Director of the Lottery, for the Department of the Lottery. | ||||||
5 | Director of Natural Resources, for the Department of | ||||||
6 | Natural Resources.
| ||||||
7 | Director of Public Health, for the Department of Public | ||||||
8 | Health.
| ||||||
9 | Director of Revenue, for the Department of Revenue.
| ||||||
10 | Director of State Police, for the Department of State | ||||||
11 | Police.
| ||||||
12 | Secretary of Transportation, for the Department of | ||||||
13 | Transportation.
| ||||||
14 | Director of Veterans' Affairs, for the Department of | ||||||
15 | Veterans' Affairs.
| ||||||
16 | (Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11; | ||||||
17 | 97-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
| ||||||
18 | (20 ILCS 5/5-195 new) | ||||||
19 | Sec. 5-195. In the Department of Innovation and Technology. | ||||||
20 | Assistant Secretary of Innovation and Technology. | ||||||
21 | (20 ILCS 5/5-357 new) | ||||||
22 | Sec. 5-357. In the Department of Innovation and Technology. | ||||||
23 | The Secretary of Innovation and Technology and the Assistant | ||||||
24 | Secretary of Innovation and Technology shall each receive an |
| |||||||
| |||||||
1 | annual salary as set by law.
| ||||||
2 | (20 ILCS 5/5-605) (was 20 ILCS 5/12)
| ||||||
3 | Sec. 5-605. Appointment of officers. Each officer whose | ||||||
4 | office
is created by the Civil Administrative Code of Illinois | ||||||
5 | or by
any
amendment to the Code shall be appointed by the | ||||||
6 | Governor, by
and with the advice
and consent of the Senate. In | ||||||
7 | case of vacancies in those offices
during the
recess of the | ||||||
8 | Senate, the Governor shall make a temporary appointment until | ||||||
9 | the
next meeting of the Senate, when the Governor shall | ||||||
10 | nominate some
person to fill the
office, and any person so | ||||||
11 | nominated who is confirmed by the Senate
shall hold office | ||||||
12 | during the remainder of the term and until his or her
successor | ||||||
13 | is
appointed and qualified. If the Senate is not in session at | ||||||
14 | the time the
Code
or any amendments to the Code take effect, | ||||||
15 | the Governor shall
make a temporary
appointment as in the case | ||||||
16 | of a vacancy.
| ||||||
17 | During the absence or inability to act of the director or | ||||||
18 | secretary of any
department, or of the Secretary of Human | ||||||
19 | Services or the Secretary of
Transportation, or in case of a | ||||||
20 | vacancy in any such office until a successor
is appointed and | ||||||
21 | qualified, the Governor may designate some person as acting
| ||||||
22 | director or acting secretary to execute the powers and | ||||||
23 | discharge the
duties vested by law in that director or | ||||||
24 | secretary.
| ||||||
25 | During the term of a General Assembly, the Governor may not |
| |||||||
| |||||||
1 | designate a person to serve as an acting director or secretary | ||||||
2 | under this Section if that person's nomination to serve as the | ||||||
3 | director or secretary of that same Department was rejected by | ||||||
4 | the Senate of the same General Assembly. This Section is | ||||||
5 | subject to the provisions of subsection (c) of Section 3A-40 of | ||||||
6 | the Illinois Governmental Ethics Act. | ||||||
7 | (Source: P.A. 97-582, eff. 8-26-11.)
| ||||||
8 | Section 910. The Department of Central Management Services | ||||||
9 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
10 | changing Sections 405-10, 405-270, and 405-410 as follows:
| ||||||
11 | (20 ILCS 405/405-10) (was 20 ILCS 405/35.3)
| ||||||
12 | Sec. 405-10. Director's duties; State policy. It shall be | ||||||
13 | the duty of
the Director and the policy of the State of | ||||||
14 | Illinois to do the following:
| ||||||
15 | (1) Place financial responsibility on State agencies | ||||||
16 | (as
defined in subsection (b) of Section 405-5) and hold | ||||||
17 | them
accountable for the proper discharge of this | ||||||
18 | responsibility.
| ||||||
19 | (2) Require professional, accurate, and current | ||||||
20 | accounting with the
State agencies (as defined in | ||||||
21 | subsection (b) of Section 405-5).
| ||||||
22 | (3) Decentralize fiscal, procedural, and | ||||||
23 | administrative operations to
expedite the business of the | ||||||
24 | State and to avoid expense, unwieldiness,
inefficiency, |
| |||||||
| |||||||
1 | and unnecessary duplication where decentralization is | ||||||
2 | consistent
with proper fiscal management.
| ||||||
3 | (4) (Blank). Manage or delegate the management of the | ||||||
4 | procurement, retention,
installation, maintenance, and | ||||||
5 | operation of all electronic data processing
equipment used | ||||||
6 | by State agencies as defined in Section 405-20, so as to | ||||||
7 | achieve
maximum economy consistent with development of | ||||||
8 | adequate and timely information
in a form suitable for | ||||||
9 | management analysis, in a manner that provides for
adequate | ||||||
10 | security protection and back-up facilities for that | ||||||
11 | equipment, the
establishment of bonding requirements, and | ||||||
12 | a code of conduct for all
electronic data processing | ||||||
13 | personnel to ensure the privacy of
electronic data | ||||||
14 | processing information as provided by law.
| ||||||
15 | (Source: P.A. 91-239, eff. 1-1-00 .)
| ||||||
16 | (20 ILCS 405/405-270) (was 20 ILCS 405/67.18)
| ||||||
17 | Sec. 405-270. Broadcast communications Communications | ||||||
18 | services. To provide for and
coordinate broadcast co-ordinate | ||||||
19 | communications services
for State agencies and, when requested | ||||||
20 | and when in the best interests of
the State, for units of | ||||||
21 | federal or local governments and public and
not-for-profit | ||||||
22 | institutions of primary, secondary, and higher education.
The | ||||||
23 | Department may make use of its satellite uplink available to | ||||||
24 | interested
parties not associated with State government | ||||||
25 | provided that State government
usage shall have first priority. |
| |||||||
| |||||||
1 | For this purpose the Department shall have
the power and duty | ||||||
2 | to do all of the following:
| ||||||
3 | (1) Provide for and control the procurement, | ||||||
4 | retention,
installation,
and maintenance of video | ||||||
5 | recording, satellite uplink, public information, and | ||||||
6 | broadcast communications equipment or services used by
| ||||||
7 | State agencies in the interest of efficiency and economy.
| ||||||
8 | (2) (Blank). Establish standards by January 1, 1989 for | ||||||
9 | communications
services for State agencies which shall | ||||||
10 | include a minimum of one
telecommunication device for the | ||||||
11 | deaf installed and
operational within each State agency, to | ||||||
12 | provide public access to agency
information for those | ||||||
13 | persons who are hearing or speech impaired. The
Department | ||||||
14 | shall consult the Department of Human
Services to develop | ||||||
15 | standards and implementation for this
equipment.
| ||||||
16 | (3) Establish charges (i) for video recording, | ||||||
17 | satellite uplink, public information, and broadcast | ||||||
18 | communication services for
State
agencies
and, when | ||||||
19 | requested, for units of federal or local government and
| ||||||
20 | public
and not-for-profit institutions of primary, | ||||||
21 | secondary, or higher
education
and (ii) for use of the | ||||||
22 | Department's satellite uplink by parties not
associated
| ||||||
23 | with State government. Entities charged for these services | ||||||
24 | shall
reimburse
the Department.
| ||||||
25 | (4) Instruct all State agencies to report their usage | ||||||
26 | of video recording, satellite uplink, public information, |
| |||||||
| |||||||
1 | and broadcast
communication services regularly to the | ||||||
2 | Department in the
manner
the Director may prescribe.
| ||||||
3 | (5) Analyze the present and future aims and needs of | ||||||
4 | all State
agencies in the area of video recording, | ||||||
5 | satellite uplink, public information, and broadcast | ||||||
6 | communications services and plan to serve
those aims and | ||||||
7 | needs in the most effective and efficient
manner.
| ||||||
8 | (6) Provide services, including, but not limited to, | ||||||
9 | telecommunications, video recording, satellite uplink, | ||||||
10 | public information, and broadcast other communications | ||||||
11 | services.
| ||||||
12 | (7) Establish the administrative organization
within | ||||||
13 | the Department
that is required to accomplish the purpose | ||||||
14 | of this Section.
| ||||||
15 | The Department is authorized , in consultation with the | ||||||
16 | Department of Innovation and Technology, to
conduct a study for | ||||||
17 | the purpose of determining technical, engineering, and
| ||||||
18 | management specifications for the networking, compatible | ||||||
19 | connection, or
shared use of existing and future public and | ||||||
20 | private owned television
broadcast and reception facilities, | ||||||
21 | including but not limited to
terrestrial microwave, fiber | ||||||
22 | optic, and satellite, for broadcast and
reception of | ||||||
23 | educational, governmental, and business programs, and to
| ||||||
24 | implement those specifications.
| ||||||
25 | However, the Department may not control or interfere with | ||||||
26 | the input
of content into the broadcast communications |
| |||||||
| |||||||
1 | telecommunications systems by the several State
agencies or | ||||||
2 | units of federal or local government, or public or
| ||||||
3 | not-for-profit institutions of primary, secondary, and higher | ||||||
4 | education, or
users of the Department's satellite uplink.
| ||||||
5 | As used in this Section, the term "State agencies" means | ||||||
6 | all
departments, officers, commissions, boards, institutions, | ||||||
7 | and bodies
politic and corporate of the State except (i) the | ||||||
8 | judicial branch, including, without limitation, the several | ||||||
9 | courts of the State, the offices of the clerk of the supreme | ||||||
10 | court and the clerks of the appellate court, and the | ||||||
11 | Administrative Office of the Illinois Courts and (ii) the | ||||||
12 | General Assembly,
legislative service agencies, and all | ||||||
13 | officers of the General Assembly.
| ||||||
14 | This Section does not apply to the procurement of Next | ||||||
15 | Generation 9-1-1 service as governed by Section 15.6b of the | ||||||
16 | Emergency Telephone System Act. | ||||||
17 | In the event of a conflict between the provisions of this | ||||||
18 | Section and any provision of the Department of Innovation and | ||||||
19 | Technology Act, the Department of Innovation and Technology Act | ||||||
20 | shall be controlling. | ||||||
21 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
22 | (20 ILCS 405/405-410)
| ||||||
23 | Sec. 405-410. Transfer of Information Technology | ||||||
24 | functions.
| ||||||
25 | (a) Notwithstanding any other law to the contrary, the |
| |||||||
| |||||||
1 | Secretary of Innovation and Technology Director of Central | ||||||
2 | Management Services , working in cooperation with
the Director | ||||||
3 | of any other agency, department, board, or commission directly
| ||||||
4 | responsible to the Governor, may direct the transfer, to the | ||||||
5 | Department of Innovation and Technology
Central Management | ||||||
6 | Services , of those information technology functions at that
| ||||||
7 | agency, department, board, or commission that are suitable for | ||||||
8 | centralization.
| ||||||
9 | Upon receipt of the written direction to transfer | ||||||
10 | information technology
functions to the Department of | ||||||
11 | Innovation and Technology Central Management Services , the | ||||||
12 | personnel,
equipment, and property (both real and personal) | ||||||
13 | directly relating to the
transferred functions shall be | ||||||
14 | transferred to the Department of Innovation and Technology | ||||||
15 | Central
Management Services , and the relevant documents, | ||||||
16 | records, and correspondence
shall be transferred or copied, as | ||||||
17 | the Secretary Director may prescribe.
| ||||||
18 | (b) Upon receiving written direction from the Secretary of | ||||||
19 | Innovation and Technology Director of Central
Management | ||||||
20 | Services , the Comptroller and Treasurer are authorized
to | ||||||
21 | transfer the unexpended balance of any appropriations related | ||||||
22 | to the
information technology functions transferred to the | ||||||
23 | Department of Innovation and Technology Central
Management | ||||||
24 | Services and shall make the necessary fund transfers from any
| ||||||
25 | special fund in the State Treasury or from any other federal or | ||||||
26 | State trust
fund held by the Treasurer to the General Revenue |
| |||||||
| |||||||
1 | Fund or , the Technology Management Statistical Services | ||||||
2 | Revolving Fund , or the Communications Revolving Fund, as | ||||||
3 | designated by the Secretary of Innovation and Technology | ||||||
4 | Director of Central Management Services , for
use by the | ||||||
5 | Department of Innovation and Technology Central Management | ||||||
6 | Services in support of information
technology functions or any | ||||||
7 | other related costs or expenses of the Department
of Innovation | ||||||
8 | and Technology Central Management Services .
| ||||||
9 | (c) The rights of employees and the State and its agencies | ||||||
10 | under the
Personnel Code and applicable collective bargaining | ||||||
11 | agreements or under any
pension, retirement, or annuity plan | ||||||
12 | shall not be affected by any transfer
under this Section.
| ||||||
13 | (d) The functions transferred to the Department of | ||||||
14 | Innovation and Technology Central Management
Services by this | ||||||
15 | Section shall be vested in and shall be exercised by the
| ||||||
16 | Department of Innovation and Technology Central Management | ||||||
17 | Services . Each act done in the exercise of
those functions | ||||||
18 | shall have the same legal effect as if done by the agencies,
| ||||||
19 | offices, divisions, departments, bureaus, boards and | ||||||
20 | commissions from which
they were transferred.
| ||||||
21 | Every person or other entity shall be subject to the same | ||||||
22 | obligations and
duties and any penalties, civil or criminal, | ||||||
23 | arising therefrom, and shall have
the same rights arising from | ||||||
24 | the exercise of such rights, powers, and duties as
had been | ||||||
25 | exercised by the agencies, offices, divisions, departments, | ||||||
26 | bureaus,
boards, and commissions from which they were |
| |||||||
| |||||||
1 | transferred.
| ||||||
2 | Whenever reports or notices are now required to be made or | ||||||
3 | given or papers
or documents furnished or served by any person | ||||||
4 | in regards to the functions
transferred to or upon the | ||||||
5 | agencies, offices, divisions, departments, bureaus,
boards, | ||||||
6 | and commissions from which the functions were transferred, the | ||||||
7 | same
shall be made, given, furnished or served in the same | ||||||
8 | manner to or upon the
Department of Innovation and Technology | ||||||
9 | Central Management Services .
| ||||||
10 | This Section does not affect any act done, ratified, or | ||||||
11 | cancelled or any
right occurring or established or any action | ||||||
12 | or proceeding had or commenced
in an administrative, civil, or | ||||||
13 | criminal cause regarding the functions
transferred, but those | ||||||
14 | proceedings may be continued by the Department of Innovation | ||||||
15 | and Technology
Central Management Services .
| ||||||
16 | This Section does not affect the legality of any rules in | ||||||
17 | the Illinois
Administrative Code regarding the functions | ||||||
18 | transferred in this Section that
are in force on the effective | ||||||
19 | date of this Section. If necessary, however,
the affected | ||||||
20 | agencies shall propose, adopt, or repeal rules, rule | ||||||
21 | amendments,
and rule recodifications as appropriate to | ||||||
22 | effectuate this Section.
| ||||||
23 | (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; | ||||||
24 | 93-1067, eff. 1-15-05.)
| ||||||
25 | (20 ILCS 405/405-20 rep.)
|
| |||||||
| |||||||
1 | (20 ILCS 405/405-250 rep.)
| ||||||
2 | (20 ILCS 405/405-255 rep.)
| ||||||
3 | (20 ILCS 405/405-260 rep.)
| ||||||
4 | (20 ILCS 405/405-265 rep.)
| ||||||
5 | Section 915. The Department of Central Management Services | ||||||
6 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
7 | repealing Sections 405-20, 405-250, 405-255, 405-260, and | ||||||
8 | 405-265. | ||||||
9 | Section 920. The Department of Commerce and Economic | ||||||
10 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
11 | amended by changing Sections 605-680 and 605-1007 as follows: | ||||||
12 | (20 ILCS 605/605-680) | ||||||
13 | Sec. 605-680. Illinois goods and services website. | ||||||
14 | (a) The Department , in consultation with the Department of | ||||||
15 | Innovation and Technology, must establish and maintain an | ||||||
16 | Internet website devoted to the marketing of Illinois goods and | ||||||
17 | services by linking potential purchasers with producers of | ||||||
18 | goods and services who are located in the State. | ||||||
19 | (b) The Department must advertise the website to encourage | ||||||
20 | inclusion of producers on the website and to encourage the use | ||||||
21 | of the website by potential purchasers.
| ||||||
22 | (Source: P.A. 93-868, eff. 1-1-05.) | ||||||
23 | Section 925. The Department of Commerce and Economic |
| |||||||
| |||||||
1 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
2 | amended by changing Section 605-1007 as follows: | ||||||
3 | (20 ILCS 605/605-1007) | ||||||
4 | Sec. 605-1007. New business permitting portal. | ||||||
5 | (a) By July 1, 2017, the Department , in consultation with | ||||||
6 | the Department of Innovation and Technology, shall create and | ||||||
7 | maintain a website to help persons wishing to create new | ||||||
8 | businesses or relocate businesses to Illinois. The Department | ||||||
9 | shall consult with at least one organization representing small | ||||||
10 | businesses in this State while creating the website. | ||||||
11 | (b) The website shall include: | ||||||
12 | (1) an estimate of license and permitting fees for | ||||||
13 | different businesses; | ||||||
14 | (2) State government application forms for business | ||||||
15 | licensing or registration; | ||||||
16 | (3) hyperlinks to websites of the responsible agency or | ||||||
17 | organization responsible for accepting the application; | ||||||
18 | and | ||||||
19 | (4) contact information for any local government | ||||||
20 | permitting agencies that may be relevant. | ||||||
21 | (c) The Department shall contact all agencies to obtain | ||||||
22 | business forms and other information for this website. Those | ||||||
23 | agencies shall respond to the Department before July 1, 2016. | ||||||
24 | (d) The website shall also include some mechanism for the | ||||||
25 | potential business owner to request more information from the |
| |||||||
| |||||||
1 | Department that may be helpful in starting the business, | ||||||
2 | including, but not limited to, State-based incentives that the | ||||||
3 | business owner may qualify for when starting or relocating a | ||||||
4 | business. | ||||||
5 | (e) The Department shall update the website at least once a | ||||||
6 | year before July 1. The Department shall request that other | ||||||
7 | State agencies report any changes in applicable application | ||||||
8 | forms to the Department by June 1 of every year after 2016.
| ||||||
9 | (Source: P.A. 99-134, eff. 1-1-16 .) | ||||||
10 | Section 930. The State Fire Marshal Act is amended by | ||||||
11 | changing Section 2.5 as follows:
| ||||||
12 | (20 ILCS 2905/2.5)
| ||||||
13 | Sec. 2.5. Equipment exchange program. | ||||||
14 | (a) The Office shall create and maintain an
equipment | ||||||
15 | exchange program under which fire departments, fire protection
| ||||||
16 | districts, and township fire departments can donate or sell
| ||||||
17 | equipment to, trade equipment with, or buy equipment from each | ||||||
18 | other.
| ||||||
19 | (b) Under this program, the Office , in consultation with | ||||||
20 | the Department of Innovation and Technology shall maintain a | ||||||
21 | website that allows fire departments, fire protection
| ||||||
22 | districts, and township fire departments to post information | ||||||
23 | and photographs about needed equipment and equipment that is | ||||||
24 | available for trade, donation, or sale. This website must be |
| |||||||
| |||||||
1 | separate from, and not a part of, the Office's main website; | ||||||
2 | however, the Office must post a hyperlink on its main website | ||||||
3 | that points to the website established under this subsection | ||||||
4 | (b).
| ||||||
5 | (c) The Office or a fire department, fire protection | ||||||
6 | district, or township fire department that
donates, trades, or | ||||||
7 | sells fire protection equipment to another fire department, | ||||||
8 | fire protection
district, or township fire department under | ||||||
9 | this Section
is
not liable for any damage or injury caused by | ||||||
10 | the donated, traded, or sold fire protection
equipment, except | ||||||
11 | for damage or injury caused by its willful and wanton
| ||||||
12 | misconduct,
if it discloses in writing to the recipient at the | ||||||
13 | time of the
donation, trade, or sale any known damage to
or | ||||||
14 | deficiencies in the equipment.
| ||||||
15 | This Section does not relieve any fire department, fire | ||||||
16 | protection district,
or
township fire department from | ||||||
17 | liability, unless otherwise provided by law, for
any
damage or | ||||||
18 | injury caused by donated, traded, or sold fire protection | ||||||
19 | equipment that was received
through the equipment exchange | ||||||
20 | program. | ||||||
21 | (d) The Office must promote the program to encourage the | ||||||
22 | efficient exchange of equipment among local government | ||||||
23 | entities.
| ||||||
24 | (e) The Office must implement the changes to the equipment | ||||||
25 | exchange program required under this amendatory Act of the 94th | ||||||
26 | General Assembly no later than July 1, 2006. |
| |||||||
| |||||||
1 | (Source: P.A. 93-305, eff. 7-23-03; 94-175, eff. 7-12-05.)
| ||||||
2 | Section 935. The Illinois Century Network Act is amended by | ||||||
3 | changing Sections 15 and 20 as follows:
| ||||||
4 | (20 ILCS 3921/15)
| ||||||
5 | Sec. 15. Management of the Illinois Century Network.
| ||||||
6 | (a) Staffing and
contractual services necessary to support | ||||||
7 | the network's activities shall be
governed by the Illinois | ||||||
8 | Century Network Policy Committee. The committee
shall
include:
| ||||||
9 | (1) 6 standing members as follows:
| ||||||
10 | (i) the Illinois State Library Director or | ||||||
11 | designee;
| ||||||
12 | (ii) the Illinois State Museum Director or | ||||||
13 | designee;
| ||||||
14 | (iii) the Executive Director of the Board of Higher
| ||||||
15 | Education or designee;
| ||||||
16 | (iv) the Executive Director of the Illinois | ||||||
17 | Community
College Board or designee;
| ||||||
18 | (v) the State Board of Education State | ||||||
19 | Superintendent or
designee; and
| ||||||
20 | (vi) the Secretary of Innovation and Technology | ||||||
21 | Director of Central Management Services or
designee;
| ||||||
22 | (2) up to 7 members who are appointed by the Governor
| ||||||
23 | and who:
| ||||||
24 | (i) have experience and background in private K-12
|
| |||||||
| |||||||
1 | education, private higher education, or who are from
| ||||||
2 | other participant constituents that are not already
| ||||||
3 | represented;
| ||||||
4 | (ii) shall serve staggered terms up to 3 years as | ||||||
5 | designated by the
Governor; and
| ||||||
6 | (iii) shall serve until a successor is appointed | ||||||
7 | and
qualified; and
| ||||||
8 | (3) a Chairperson who is appointed by the Governor and | ||||||
9 | who shall
serve a term of 2 years and until a successor is | ||||||
10 | appointed and qualified.
| ||||||
11 | (b) Illinois Century Network Policy Committee members | ||||||
12 | shall serve without
compensation but shall be entitled to | ||||||
13 | reimbursement for reasonable expenses of
travel for members who | ||||||
14 | are required to travel for a distance greater than 20
miles to | ||||||
15 | participate in business of the Illinois Century Network Policy
| ||||||
16 | Committee.
| ||||||
17 | (Source: P.A. 98-719, eff. 1-1-15 .)
| ||||||
18 | (20 ILCS 3921/20)
| ||||||
19 | Sec. 20. Illinois Century Network Policy Committee. The | ||||||
20 | Illinois Century
Network Policy Committee shall advise the | ||||||
21 | Department of Innovation and Technology on general policies set | ||||||
22 | general policies for the network . The
Committee shall advise | ||||||
23 | the Department of Innovation and Technology with regard to
have | ||||||
24 | the following additional duties and powers:
| ||||||
25 | (1) to purchase, acquire, or receive equipment and |
| |||||||
| |||||||
1 | agreements or
contracts for services for the benefit of the | ||||||
2 | Illinois Century Network or its
participants;
| ||||||
3 | (2) to sell or convey
equipment or services
desirable | ||||||
4 | for Network operations
to its participants
at reasonable | ||||||
5 | costs incurred in the
acquisition of the equipment or | ||||||
6 | services;
| ||||||
7 | (3) to employ and fix the compensation for employees as | ||||||
8 | it deems
reasonable to achieve the purposes of this Act;
| ||||||
9 | (4) to establish and maintain petty cash funds as | ||||||
10 | provided in
Section 13.3 of the State Finance Act;
| ||||||
11 | (5) to make, amend, and repeal bylaws, rules, | ||||||
12 | regulations, and
resolutions that are consistent with this | ||||||
13 | Act;
| ||||||
14 | (6) to make and execute all contracts and instruments | ||||||
15 | necessary or
convenient to the exercise of its powers;
| ||||||
16 | (7) to exclusively control and manage the Network and | ||||||
17 | all moneys
that are donated, paid, or appropriated for the | ||||||
18 | creation, improvement, and
operation of the Network;
| ||||||
19 | (8) to prepare and submit a budget for the necessary | ||||||
20 | and contingent
operation expenses of the Network;
| ||||||
21 | (9) to accept grants and funds from the federal and | ||||||
22 | state
governments and any federal or state agency and to | ||||||
23 | expend those moneys in
accordance and
in furtherance of the | ||||||
24 | purposes of this Act;
| ||||||
25 | (10) to enter into intergovernmental agreements with | ||||||
26 | other
governmental entities, including but not limited to, |
| |||||||
| |||||||
1 | the Board of
Higher Education, the Illinois Community | ||||||
2 | College Board, the State Board
of Education, the Department | ||||||
3 | of Central Management Services, and local
education | ||||||
4 | agencies, in order to implement and execute the powers and
| ||||||
5 | duties set forth in this Act;
| ||||||
6 | (11) to acquire or procure telecommunications or | ||||||
7 | computer networks
or related services, alone or in | ||||||
8 | cooperation with other governmental
or education entities, | ||||||
9 | as may be of reasonable benefit to the Network or its
| ||||||
10 | participants for the general purposes set forth in this | ||||||
11 | Act; and
| ||||||
12 | (12) to receive assignment of ownership or management | ||||||
13 | rights and the use
of telecommunications equipment and | ||||||
14 | services owned or
leased by the State of Illinois or other | ||||||
15 | entities providing services
to Illinois citizens for use in | ||||||
16 | operation of Network programs and
services.
| ||||||
17 | (Source: P.A. 91-21, eff. 7-1-99; 92-691, eff. 7-18-02.)
| ||||||
18 | Section 940. The State Finance Act is amended by changing | ||||||
19 | Sections 5.55, 6p-1, 6p-2, 6z-34, 8.16a, and 8.16b as follows:
| ||||||
20 | (30 ILCS 105/5.55) (from Ch. 127, par. 141.55)
| ||||||
21 | Sec. 5.55. The Technology Management Statistical Services | ||||||
22 | Revolving Fund. | ||||||
23 | (Source: Laws 1919, p. 946.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
| ||||||
2 | Sec. 6p-1.
The Technology Management Revolving Fund | ||||||
3 | (formerly the Statistical Services Revolving Fund ) shall be | ||||||
4 | initially
financed by a transfer of funds from the General | ||||||
5 | Revenue Fund. Thereafter,
all fees and other monies received by | ||||||
6 | the Department of Innovation and Technology Central Management
| ||||||
7 | Services in payment for information technology and related | ||||||
8 | statistical services rendered pursuant to subsection (b) of | ||||||
9 | Section 30 of the Department of Innovation and Technology Act | ||||||
10 | Section
405-20 of the Department of Central Management Services | ||||||
11 | Law (20
ILCS 405/405-20) shall be paid
into
the
Technology | ||||||
12 | Management Statistical Services Revolving Fund. On and after | ||||||
13 | July 1, 2018, or after sufficient moneys have been received in | ||||||
14 | the Communications Revolving Fund to pay all Fiscal Year 2018 | ||||||
15 | obligations payable from the Fund, whichever is later, all fees | ||||||
16 | and other moneys received by the Department of Central | ||||||
17 | Management Services in payment for communications services | ||||||
18 | rendered pursuant to the Department of Central Management | ||||||
19 | Services Law of the Civil Administrative Code of Illinois or | ||||||
20 | sale of surplus State communications equipment shall be paid | ||||||
21 | into the Technology Management Revolving Fund. The money in | ||||||
22 | this fund shall be used
by the Department of Innovation and | ||||||
23 | Technology Central Management Services as reimbursement for
| ||||||
24 | expenditures incurred in rendering information technology and | ||||||
25 | related statistical services and, beginning July 1, 2016, as | ||||||
26 | reimbursement for expenditures incurred in relation to |
| |||||||
| |||||||
1 | communications services .
| ||||||
2 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
3 | (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
| ||||||
4 | Sec. 6p-2.
The Communications Revolving Fund shall be | ||||||
5 | initially financed
by a transfer of funds from the General | ||||||
6 | Revenue Fund. Thereafter, all fees
and other monies received by | ||||||
7 | the Department of Innovation and Technology Central Management | ||||||
8 | Services in
payment for communications services rendered | ||||||
9 | pursuant to the Department of Innovation and Technology Act
| ||||||
10 | Central Management Services Law or sale of surplus State | ||||||
11 | communications
equipment shall be paid into the Communications | ||||||
12 | Revolving Fund. Except as
otherwise provided in this Section, | ||||||
13 | the money in this fund shall be used by the
Department of | ||||||
14 | Innovation and Technology Central Management Services as | ||||||
15 | reimbursement for expenditures
incurred in relation to | ||||||
16 | communications services.
| ||||||
17 | On the effective date of this
amendatory Act of the 93rd | ||||||
18 | General Assembly, or as soon as practicable
thereafter, the | ||||||
19 | State Comptroller shall order transferred and the State
| ||||||
20 | Treasurer shall transfer $3,000,000 from the Communications | ||||||
21 | Revolving Fund to
the Emergency Public Health Fund to be used | ||||||
22 | for the purposes specified in
Section 55.6a of the | ||||||
23 | Environmental Protection Act.
| ||||||
24 | In addition to any other transfers that may be provided for | ||||||
25 | by law, on July 1, 2011, or as soon thereafter as practical, |
| |||||||
| |||||||
1 | the State Comptroller shall direct and the State Treasurer | ||||||
2 | shall transfer the sum of $5,000,000 from the General Revenue | ||||||
3 | Fund to the Communications Revolving Fund. | ||||||
4 | Notwithstanding any other provision of law, in addition to | ||||||
5 | any other transfers that may be provided by law, on July 1, | ||||||
6 | 2018, or after sufficient moneys have been received in the | ||||||
7 | Communications Revolving Fund to pay all Fiscal Year 2018 | ||||||
8 | obligations payable from the Fund, whichever is later, the | ||||||
9 | State Comptroller shall direct and the State Treasurer shall | ||||||
10 | transfer the remaining balance from the Communications | ||||||
11 | Revolving Fund into the Technology Management Revolving Fund. | ||||||
12 | Upon completion of the transfer, any future deposits due to | ||||||
13 | that Fund and any outstanding obligations or liabilities of | ||||||
14 | that Fund pass to the Technology Management Revolving Fund. | ||||||
15 | (Source: P.A. 97-641, eff. 12-19-11.)
| ||||||
16 | (30 ILCS 105/6z-34)
| ||||||
17 | Sec. 6z-34. Secretary of State Special Services Fund. There
| ||||||
18 | is created in the State Treasury a special fund to be known as | ||||||
19 | the Secretary of
State Special Services Fund. Moneys deposited | ||||||
20 | into the Fund may, subject to
appropriation, be used by the | ||||||
21 | Secretary of State for any or all of the
following purposes:
| ||||||
22 | (1) For general automation efforts within operations | ||||||
23 | of the Office of
Secretary of State.
| ||||||
24 | (2) For technology applications in any form that will | ||||||
25 | enhance the
operational capabilities of the Office of |
| |||||||
| |||||||
1 | Secretary of State.
| ||||||
2 | (3) To provide funds for any type of library grants | ||||||
3 | authorized and
administered by the Secretary of State as | ||||||
4 | State Librarian.
| ||||||
5 | These funds are in addition to any other funds otherwise | ||||||
6 | authorized to the
Office of Secretary of State for like or | ||||||
7 | similar purposes.
| ||||||
8 | On August 15, 1997, all fiscal year 1997 receipts that | ||||||
9 | exceed the
amount of $15,000,000 shall be transferred from this | ||||||
10 | Fund to the Statistical
Services Revolving Fund; on August 15, | ||||||
11 | 1998 and each year thereafter
through 2000, all
receipts from | ||||||
12 | the fiscal year ending on the previous June 30th that exceed | ||||||
13 | the
amount of $17,000,000 shall be transferred from this Fund | ||||||
14 | to the Statistical
Services Revolving Fund; on August 15, 2001 | ||||||
15 | and each year thereafter
through 2002, all
receipts from the | ||||||
16 | fiscal year ending on the previous June 30th that exceed the
| ||||||
17 | amount of $19,000,000 shall be transferred from this Fund to | ||||||
18 | the Statistical
Services Revolving Fund; and on August 15, 2003 | ||||||
19 | and each year thereafter, all
receipts from the fiscal year | ||||||
20 | ending on the previous June 30th that exceed the
amount of | ||||||
21 | $33,000,000 shall be transferred from this Fund to the | ||||||
22 | Technology Management Statistical
Services Revolving Fund.
| ||||||
23 | (Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
| ||||||
24 | (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
| ||||||
25 | Sec. 8.16a.
Appropriations for the procurement, |
| |||||||
| |||||||
1 | installation,
retention, maintenance and operation of | ||||||
2 | electronic data processing and
information technology devices | ||||||
3 | and software used by State state agencies subject to subsection | ||||||
4 | (b) of Section 30 of the Department of Innovation and | ||||||
5 | Technology Act Section 405-20 of
the Department of Central | ||||||
6 | Management Services Law (20 ILCS 405/405-20) , the purchase of | ||||||
7 | necessary
supplies and equipment and accessories thereto, and | ||||||
8 | all other expenses
incident to the operation and maintenance of | ||||||
9 | those electronic data
processing and information technology | ||||||
10 | devices and software are payable from the Technology Management | ||||||
11 | Statistical
Services Revolving Fund. However, no contract | ||||||
12 | shall be entered into or
obligation incurred for any | ||||||
13 | expenditure from the Technology Management Statistical | ||||||
14 | Services
Revolving Fund until after the purpose and amount has | ||||||
15 | been approved in
writing by the Secretary of Innovation and | ||||||
16 | Technology Director of Central Management Services . Until | ||||||
17 | there are
sufficient funds in the Technology Management | ||||||
18 | Revolving Fund (formerly known as the Statistical Services | ||||||
19 | Revolving Fund ) to carry out
the purposes of this amendatory | ||||||
20 | Act of 1965, however, the State agencies
subject to subsection | ||||||
21 | (b) of Section 30 of the Department of Innovation and | ||||||
22 | Technology Act that Section 405-20
shall, on written approval | ||||||
23 | of the Secretary of Innovation and Technology Director of | ||||||
24 | Central Management
Services , pay the cost of operating and | ||||||
25 | maintaining electronic data processing
systems from current | ||||||
26 | appropriations as classified and standardized in
"An Act in |
| |||||||
| |||||||
1 | relation to State finance", approved June 10, 1919, as amended.
| ||||||
2 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
3 | (30 ILCS 105/8.16b) (from Ch. 127, par. 144.16b)
| ||||||
4 | Sec. 8.16b.
Appropriations for expenses related to
| ||||||
5 | communications services pursuant to
the Civil Administrative | ||||||
6 | Code of Illinois are payable from the
Communications Revolving | ||||||
7 | Fund. However, no contract shall be
entered into or obligation | ||||||
8 | incurred for any expenditure from
the Communications Revolving | ||||||
9 | Fund until after the purpose and
amount has been approved in | ||||||
10 | writing by the Secretary of Innovation and Technology Director | ||||||
11 | of Central
Management Services .
| ||||||
12 | (Source: P.A. 87-817.)
| ||||||
13 | Section 945. The Grant Information Collection Act is | ||||||
14 | amended by changing Section 10 as follows: | ||||||
15 | (30 ILCS 707/10)
| ||||||
16 | Sec. 10. Grant information collection. The Secretary of | ||||||
17 | Innovation and Technology Chief Information Officer of the | ||||||
18 | State, as designated by the Governor, shall coordinate with | ||||||
19 | each State agency to develop, with any existing or newly | ||||||
20 | available resources and technology, appropriate systems to | ||||||
21 | accurately report data containing financial information. These | ||||||
22 | systems shall include a module that is specific to the | ||||||
23 | management and administration of grant funds. |
| |||||||
| |||||||
1 | Each grantor agency that is authorized to award grant funds | ||||||
2 | to an entity other than the State of Illinois shall coordinate | ||||||
3 | with the Secretary of Innovation and Technology Chief | ||||||
4 | Information Officer of the State to provide for the | ||||||
5 | publication, at data.illinois.gov or any other publicly | ||||||
6 | accessible website designated by the Chief Information | ||||||
7 | Officer, of data sets containing information regarding awards | ||||||
8 | of grant funds that the grantor agency has made during the | ||||||
9 | previous fiscal year. Data sets shall be published on at least | ||||||
10 | a quarterly basis and shall include, at a minimum, the | ||||||
11 | following: | ||||||
12 | (1) the name of the grantor agency; | ||||||
13 | (2) the name and postal zip code of the grantee; | ||||||
14 | (3) a short description of the purpose of the award of | ||||||
15 | grant funds; | ||||||
16 | (4) the amount of each award of grant funds; | ||||||
17 | (5) the date of each award of grant funds; and | ||||||
18 | (6) the duration of each award of grant funds. | ||||||
19 | In addition, each grantor agency shall make best efforts, | ||||||
20 | with available resources and technology, to make available in | ||||||
21 | the data sets any other data that is relevant to its award of | ||||||
22 | grant funds. | ||||||
23 | Data not subject to the requirements of this Section | ||||||
24 | include data to which a State agency may deny access pursuant | ||||||
25 | to any provision of a federal, State, or local law, rule, or | ||||||
26 | regulation.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-589, eff. 1-1-14.) | ||||||
2 | Section 950. The Illinois Pension Code is amended by | ||||||
3 | changing Sections 1-160, 14-110, and 15-106 as follows:
| ||||||
4 | (40 ILCS 5/1-160)
| ||||||
5 | (Text of Section WITHOUT the changes made by P.A. 98-641, | ||||||
6 | which has been held unconstitutional) | ||||||
7 | Sec. 1-160. Provisions applicable to new hires. | ||||||
8 | (a) The provisions of this Section apply to a person who, | ||||||
9 | on or after January 1, 2011, first becomes a member or a | ||||||
10 | participant under any reciprocal retirement system or pension | ||||||
11 | fund established under this Code, other than a retirement | ||||||
12 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
13 | 15 or 18 of this Code, notwithstanding any other provision of | ||||||
14 | this Code to the contrary, but do not apply to any self-managed | ||||||
15 | plan established under this Code, to any person with respect to | ||||||
16 | service as a sheriff's law enforcement employee under Article | ||||||
17 | 7, or to any participant of the retirement plan established | ||||||
18 | under Section 22-101. Notwithstanding anything to the contrary | ||||||
19 | in this Section, for purposes of this Section, a person who | ||||||
20 | participated in a retirement system under Article 15 prior to | ||||||
21 | January 1, 2011 shall be deemed a person who first became a | ||||||
22 | member or participant prior to January 1, 2011 under any | ||||||
23 | retirement system or pension fund subject to this Section. The | ||||||
24 | changes made to this Section by Public Act 98-596 this |
| |||||||
| |||||||
1 | amendatory Act of the 98th General Assembly are a clarification | ||||||
2 | of existing law and are intended to be retroactive to January | ||||||
3 | 1, 2011 ( the effective date of Public Act 96-889 ) , | ||||||
4 | notwithstanding the provisions of Section 1-103.1 of this Code. | ||||||
5 | (b) "Final average salary" means the average monthly (or | ||||||
6 | annual) salary obtained by dividing the total salary or | ||||||
7 | earnings calculated under the Article applicable to the member | ||||||
8 | or participant during the 96 consecutive months (or 8 | ||||||
9 | consecutive years) of service within the last 120 months (or 10 | ||||||
10 | years) of service in which the total salary or earnings | ||||||
11 | calculated under the applicable Article was the highest by the | ||||||
12 | number of months (or years) of service in that period. For the | ||||||
13 | purposes of a person who first becomes a member or participant | ||||||
14 | of any retirement system or pension fund to which this Section | ||||||
15 | applies on or after January 1, 2011, in this Code, "final | ||||||
16 | average salary" shall be substituted for the following: | ||||||
17 | (1) In Article 7 (except for service as sheriff's law | ||||||
18 | enforcement employees), "final rate of earnings". | ||||||
19 | (2) In Articles 8, 9, 10, 11, and 12, "highest average | ||||||
20 | annual salary for any 4 consecutive years within the last | ||||||
21 | 10 years of service immediately preceding the date of | ||||||
22 | withdrawal". | ||||||
23 | (3) In Article 13, "average final salary". | ||||||
24 | (4) In Article 14, "final average compensation". | ||||||
25 | (5) In Article 17, "average salary". | ||||||
26 | (6) In Section 22-207, "wages or salary received by him |
| |||||||
| |||||||
1 | at the date of retirement or discharge". | ||||||
2 | (b-5) Beginning on January 1, 2011, for all purposes under | ||||||
3 | this Code (including without limitation the calculation of | ||||||
4 | benefits and employee contributions), the annual earnings, | ||||||
5 | salary, or wages (based on the plan year) of a member or | ||||||
6 | participant to whom this Section applies shall not exceed | ||||||
7 | $106,800; however, that amount shall annually thereafter be | ||||||
8 | increased by the lesser of (i) 3% of that amount, including all | ||||||
9 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
10 | percentage increase (but not less than zero) in the consumer | ||||||
11 | price index-u
for the 12 months ending with the September | ||||||
12 | preceding each November 1, including all previous adjustments. | ||||||
13 | For the purposes of this Section, "consumer price index-u" | ||||||
14 | means
the index published by the Bureau of Labor Statistics of | ||||||
15 | the United States
Department of Labor that measures the average | ||||||
16 | change in prices of goods and
services purchased by all urban | ||||||
17 | consumers, United States city average, all
items, 1982-84 = | ||||||
18 | 100. The new amount resulting from each annual adjustment
shall | ||||||
19 | be determined by the Public Pension Division of the Department | ||||||
20 | of Insurance and made available to the boards of the retirement | ||||||
21 | systems and pension funds by November 1 of each year. | ||||||
22 | (c) A member or participant is entitled to a retirement
| ||||||
23 | annuity upon written application if he or she has attained age | ||||||
24 | 67 (beginning January 1, 2015, age 65 with respect to service | ||||||
25 | under Article 12 of this Code that is subject to this Section) | ||||||
26 | and has at least 10 years of service credit and is otherwise |
| |||||||
| |||||||
1 | eligible under the requirements of the applicable Article. | ||||||
2 | A member or participant who has attained age 62 (beginning | ||||||
3 | January 1, 2015, age 60 with respect to service under Article | ||||||
4 | 12 of this Code that is subject to this Section) and has at | ||||||
5 | least 10 years of service credit and is otherwise eligible | ||||||
6 | under the requirements of the applicable Article may elect to | ||||||
7 | receive the lower retirement annuity provided
in subsection (d) | ||||||
8 | of this Section. | ||||||
9 | (d) The retirement annuity of a member or participant who | ||||||
10 | is retiring after attaining age 62 (beginning January 1, 2015, | ||||||
11 | age 60 with respect to service under Article 12 of this Code | ||||||
12 | that is subject to this Section) with at least 10 years of | ||||||
13 | service credit shall be reduced by one-half
of 1% for each full | ||||||
14 | month that the member's age is under age 67 (beginning January | ||||||
15 | 1, 2015, age 65 with respect to service under Article 12 of | ||||||
16 | this Code that is subject to this Section). | ||||||
17 | (e) Any retirement annuity or supplemental annuity shall be | ||||||
18 | subject to annual increases on the January 1 occurring either | ||||||
19 | on or after the attainment of age 67 (beginning January 1, | ||||||
20 | 2015, age 65 with respect to service under Article 12 of this | ||||||
21 | Code that is subject to this Section) or the first anniversary | ||||||
22 | of the annuity start date, whichever is later. Each annual | ||||||
23 | increase shall be calculated at 3% or one-half the annual | ||||||
24 | unadjusted percentage increase (but not less than zero) in the | ||||||
25 | consumer price index-u for the 12 months ending with the | ||||||
26 | September preceding each November 1, whichever is less, of the |
| |||||||
| |||||||
1 | originally granted retirement annuity. If the annual | ||||||
2 | unadjusted percentage change in the consumer price index-u for | ||||||
3 | the 12 months ending with the September preceding each November | ||||||
4 | 1 is zero or there is a decrease, then the annuity shall not be | ||||||
5 | increased. | ||||||
6 | (f) The initial survivor's or widow's annuity of an | ||||||
7 | otherwise eligible survivor or widow of a retired member or | ||||||
8 | participant who first became a member or participant on or | ||||||
9 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
10 | retired member's or participant's retirement annuity at the | ||||||
11 | date of death. In the case of the death of a member or | ||||||
12 | participant who has not retired and who first became a member | ||||||
13 | or participant on or after January 1, 2011, eligibility for a | ||||||
14 | survivor's or widow's annuity shall be determined by the | ||||||
15 | applicable Article of this Code. The initial benefit shall be | ||||||
16 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
17 | child's annuity of an otherwise eligible child shall be in the | ||||||
18 | amount prescribed under each Article if applicable. Any | ||||||
19 | survivor's or widow's annuity shall be increased (1) on each | ||||||
20 | January 1 occurring on or after the commencement of the annuity | ||||||
21 | if
the deceased member died while receiving a retirement | ||||||
22 | annuity or (2) in
other cases, on each January 1 occurring | ||||||
23 | after the first anniversary
of the commencement of the annuity. | ||||||
24 | Each annual increase shall be calculated at 3% or one-half the | ||||||
25 | annual unadjusted percentage increase (but not less than zero) | ||||||
26 | in the consumer price index-u for the 12 months ending with the |
| |||||||
| |||||||
1 | September preceding each November 1, whichever is less, of the | ||||||
2 | originally granted survivor's annuity. If the annual | ||||||
3 | unadjusted percentage change in the consumer price index-u for | ||||||
4 | the 12 months ending with the September preceding each November | ||||||
5 | 1 is zero or there is a decrease, then the annuity shall not be | ||||||
6 | increased. | ||||||
7 | (g) The benefits in Section 14-110 apply only if the person | ||||||
8 | is a State policeman, a fire fighter in the fire protection | ||||||
9 | service of a department, or a security employee of the | ||||||
10 | Department of Corrections or the Department of Juvenile | ||||||
11 | Justice, or a security employee of the Department of Innovation | ||||||
12 | and Technology, as those terms are defined in subsection (b) | ||||||
13 | and subsection (c) of Section 14-110. A person who meets the | ||||||
14 | requirements of this Section is entitled to an annuity | ||||||
15 | calculated under the provisions of Section 14-110, in lieu of | ||||||
16 | the regular or minimum retirement annuity, only if the person | ||||||
17 | has withdrawn from service with not less than 20
years of | ||||||
18 | eligible creditable service and has attained age 60, regardless | ||||||
19 | of whether
the attainment of age 60 occurs while the person is
| ||||||
20 | still in service. | ||||||
21 | (h) If a person who first becomes a member or a participant | ||||||
22 | of a retirement system or pension fund subject to this Section | ||||||
23 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
24 | or retirement pension under that system or fund and becomes a | ||||||
25 | member or participant under any other system or fund created by | ||||||
26 | this Code and is employed on a full-time basis, except for |
| |||||||
| |||||||
1 | those members or participants exempted from the provisions of | ||||||
2 | this Section under subsection (a) of this Section, then the | ||||||
3 | person's retirement annuity or retirement pension under that | ||||||
4 | system or fund shall be suspended during that employment. Upon | ||||||
5 | termination of that employment, the person's retirement | ||||||
6 | annuity or retirement pension payments shall resume and be | ||||||
7 | recalculated if recalculation is provided for under the | ||||||
8 | applicable Article of this Code. | ||||||
9 | If a person who first becomes a member of a retirement | ||||||
10 | system or pension fund subject to this Section on or after | ||||||
11 | January 1, 2012 and is receiving a retirement annuity or | ||||||
12 | retirement pension under that system or fund and accepts on a | ||||||
13 | contractual basis a position to provide services to a | ||||||
14 | governmental entity from which he or she has retired, then that | ||||||
15 | person's annuity or retirement pension earned as an active | ||||||
16 | employee of the employer shall be suspended during that | ||||||
17 | contractual service. A person receiving an annuity or | ||||||
18 | retirement pension under this Code shall notify the pension | ||||||
19 | fund or retirement system from which he or she is receiving an | ||||||
20 | annuity or retirement pension, as well as his or her | ||||||
21 | contractual employer, of his or her retirement status before | ||||||
22 | accepting contractual employment. A person who fails to submit | ||||||
23 | such notification shall be guilty of a Class A misdemeanor and | ||||||
24 | required to pay a fine of $1,000. Upon termination of that | ||||||
25 | contractual employment, the person's retirement annuity or | ||||||
26 | retirement pension payments shall resume and, if appropriate, |
| |||||||
| |||||||
1 | be recalculated under the applicable provisions of this Code. | ||||||
2 | (i) (Blank). | ||||||
3 | (j) In the case of a conflict between the provisions of | ||||||
4 | this Section and any other provision of this Code, the | ||||||
5 | provisions of this Section shall control.
| ||||||
6 | (Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596, | ||||||
7 | eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
| ||||||
8 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
9 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
10 | which has been
held unconstitutional)
| ||||||
11 | Sec. 14-110. Alternative retirement annuity.
| ||||||
12 | (a) Any member who has withdrawn from service with not less | ||||||
13 | than 20
years of eligible creditable service and has attained | ||||||
14 | age 55, and any
member who has withdrawn from service with not | ||||||
15 | less than 25 years of
eligible creditable service and has | ||||||
16 | attained age 50, regardless of whether
the attainment of either | ||||||
17 | of the specified ages occurs while the member is
still in | ||||||
18 | service, shall be entitled to receive at the option of the | ||||||
19 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
20 | retirement annuity
computed as follows:
| ||||||
21 | (i) for periods of service as a noncovered employee:
if | ||||||
22 | retirement occurs on or after January 1, 2001, 3% of final
| ||||||
23 | average compensation for each year of creditable service; | ||||||
24 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
25 | final average compensation for each of the
first 10 years |
| |||||||
| |||||||
1 | of creditable service, 2 1/2% for each year above 10 years | ||||||
2 | to
and including 20 years of creditable service, and 2 3/4% | ||||||
3 | for each year of
creditable service above 20 years; and
| ||||||
4 | (ii) for periods of eligible creditable service as a | ||||||
5 | covered employee:
if retirement occurs on or after January | ||||||
6 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
7 | of creditable service; if retirement occurs before
January | ||||||
8 | 1, 2001, 1.67% of final average compensation for each of | ||||||
9 | the first
10 years of such service, 1.90% for each of the | ||||||
10 | next 10 years of such service,
2.10% for each year of such | ||||||
11 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
12 | each year in excess of 30.
| ||||||
13 | Such annuity shall be subject to a maximum of 75% of final | ||||||
14 | average
compensation if retirement occurs before January 1, | ||||||
15 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
16 | retirement occurs on or after January
1, 2001.
| ||||||
17 | These rates shall not be applicable to any service | ||||||
18 | performed
by a member as a covered employee which is not | ||||||
19 | eligible creditable service.
Service as a covered employee | ||||||
20 | which is not eligible creditable service
shall be subject to | ||||||
21 | the rates and provisions of Section 14-108.
| ||||||
22 | (b) For the purpose of this Section, "eligible creditable | ||||||
23 | service" means
creditable service resulting from service in one | ||||||
24 | or more of the following
positions:
| ||||||
25 | (1) State policeman;
| ||||||
26 | (2) fire fighter in the fire protection service of a |
| |||||||
| |||||||
1 | department;
| ||||||
2 | (3) air pilot;
| ||||||
3 | (4) special agent;
| ||||||
4 | (5) investigator for the Secretary of State;
| ||||||
5 | (6) conservation police officer;
| ||||||
6 | (7) investigator for the Department of Revenue or the | ||||||
7 | Illinois Gaming Board;
| ||||||
8 | (8) security employee of the Department of Human | ||||||
9 | Services;
| ||||||
10 | (9) Central Management Services security police | ||||||
11 | officer;
| ||||||
12 | (10) security employee of the Department of | ||||||
13 | Corrections or the Department of Juvenile Justice;
| ||||||
14 | (11) dangerous drugs investigator;
| ||||||
15 | (12) investigator for the Department of State Police;
| ||||||
16 | (13) investigator for the Office of the Attorney | ||||||
17 | General;
| ||||||
18 | (14) controlled substance inspector;
| ||||||
19 | (15) investigator for the Office of the State's | ||||||
20 | Attorneys Appellate
Prosecutor;
| ||||||
21 | (16) Commerce Commission police officer;
| ||||||
22 | (17) arson investigator;
| ||||||
23 | (18) State highway maintenance worker ; . | ||||||
24 | (19) security employee of the Department of Innovation | ||||||
25 | and Technology.
| ||||||
26 | A person employed in one of the positions specified in this |
| |||||||
| |||||||
1 | subsection is
entitled to eligible creditable service for | ||||||
2 | service credit earned under this
Article while undergoing the | ||||||
3 | basic police training course approved by the
Illinois Law | ||||||
4 | Enforcement Training
Standards Board, if
completion of that | ||||||
5 | training is required of persons serving in that position.
For | ||||||
6 | the purposes of this Code, service during the required basic | ||||||
7 | police
training course shall be deemed performance of the | ||||||
8 | duties of the specified
position, even though the person is not | ||||||
9 | a sworn peace officer at the time of
the training.
| ||||||
10 | (c) For the purposes of this Section:
| ||||||
11 | (1) The term "state policeman" includes any title or | ||||||
12 | position
in the Department of State Police that is held by | ||||||
13 | an individual employed
under the State Police Act.
| ||||||
14 | (2) The term "fire fighter in the fire protection | ||||||
15 | service of a
department" includes all officers in such fire | ||||||
16 | protection service
including fire chiefs and assistant | ||||||
17 | fire chiefs.
| ||||||
18 | (3) The term "air pilot" includes any employee whose | ||||||
19 | official job
description on file in the Department of | ||||||
20 | Central Management Services, or
in the department by which | ||||||
21 | he is employed if that department is not covered
by the | ||||||
22 | Personnel Code, states that his principal duty is the | ||||||
23 | operation of
aircraft, and who possesses a pilot's license; | ||||||
24 | however, the change in this
definition made by this | ||||||
25 | amendatory Act of 1983 shall not operate to exclude
any | ||||||
26 | noncovered employee who was an "air pilot" for the purposes |
| |||||||
| |||||||
1 | of this
Section on January 1, 1984.
| ||||||
2 | (4) The term "special agent" means any person who by | ||||||
3 | reason of
employment by the Division of Narcotic Control, | ||||||
4 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
5 | Division of Criminal Investigation, the
Division of | ||||||
6 | Internal Investigation, the Division of Operations, or any
| ||||||
7 | other Division or organizational
entity in the Department | ||||||
8 | of State Police is vested by law with duties to
maintain | ||||||
9 | public order, investigate violations of the criminal law of | ||||||
10 | this
State, enforce the laws of this State, make arrests | ||||||
11 | and recover property.
The term "special agent" includes any | ||||||
12 | title or position in the Department
of State Police that is | ||||||
13 | held by an individual employed under the State
Police Act.
| ||||||
14 | (5) The term "investigator for the Secretary of State" | ||||||
15 | means any person
employed by the Office of the Secretary of | ||||||
16 | State and vested with such
investigative duties as render | ||||||
17 | him ineligible for coverage under the Social
Security Act | ||||||
18 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
19 | 218(l)(1)
of that Act.
| ||||||
20 | A person who became employed as an investigator for the | ||||||
21 | Secretary of
State between January 1, 1967 and December 31, | ||||||
22 | 1975, and who has served as
such until attainment of age | ||||||
23 | 60, either continuously or with a single break
in service | ||||||
24 | of not more than 3 years duration, which break terminated | ||||||
25 | before
January 1, 1976, shall be entitled to have his | ||||||
26 | retirement annuity
calculated in accordance with |
| |||||||
| |||||||
1 | subsection (a), notwithstanding
that he has less than 20 | ||||||
2 | years of credit for such service.
| ||||||
3 | (6) The term "Conservation Police Officer" means any | ||||||
4 | person employed
by the Division of Law Enforcement of the | ||||||
5 | Department of Natural Resources and
vested with such law | ||||||
6 | enforcement duties as render him ineligible for coverage
| ||||||
7 | under the Social Security Act by reason of Sections | ||||||
8 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
9 | term "Conservation Police Officer" includes
the positions | ||||||
10 | of Chief Conservation Police Administrator and Assistant
| ||||||
11 | Conservation Police Administrator.
| ||||||
12 | (7) The term "investigator for the Department of | ||||||
13 | Revenue" means any
person employed by the Department of | ||||||
14 | Revenue and vested with such
investigative duties as render | ||||||
15 | him ineligible for coverage under the Social
Security Act | ||||||
16 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
17 | 218(l)(1)
of that Act.
| ||||||
18 | The term "investigator for the Illinois Gaming Board" | ||||||
19 | means any
person employed as such by the Illinois Gaming | ||||||
20 | Board and vested with such
peace officer duties as render | ||||||
21 | the person ineligible for coverage under the Social
| ||||||
22 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
23 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
24 | (8) The term "security employee of the Department of | ||||||
25 | Human Services"
means any person employed by the Department | ||||||
26 | of Human Services who (i) is
employed at the Chester Mental |
| |||||||
| |||||||
1 | Health Center and has daily contact with the
residents | ||||||
2 | thereof, (ii) is employed within a security unit at a | ||||||
3 | facility
operated by the Department and has daily contact | ||||||
4 | with the residents of the
security unit, (iii) is employed | ||||||
5 | at a facility operated by the Department
that includes a | ||||||
6 | security unit and is regularly scheduled to work at least
| ||||||
7 | 50% of his or her working hours within that security unit, | ||||||
8 | or (iv) is a mental health police officer.
"Mental health | ||||||
9 | police officer" means any person employed by the Department | ||||||
10 | of
Human Services in a position pertaining to the | ||||||
11 | Department's mental health and
developmental disabilities | ||||||
12 | functions who is vested with such law enforcement
duties as | ||||||
13 | render the person ineligible for coverage under the Social | ||||||
14 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
15 | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||||||
16 | means that portion of a facility that is devoted to
the | ||||||
17 | care, containment, and treatment of persons committed to | ||||||
18 | the Department of
Human Services as sexually violent | ||||||
19 | persons, persons unfit to stand trial, or
persons not | ||||||
20 | guilty by reason of insanity. With respect to past | ||||||
21 | employment,
references to the Department of Human Services | ||||||
22 | include its predecessor, the
Department of Mental Health | ||||||
23 | and Developmental Disabilities.
| ||||||
24 | The changes made to this subdivision (c)(8) by Public | ||||||
25 | Act 92-14 apply to persons who retire on or after January | ||||||
26 | 1,
2001, notwithstanding Section 1-103.1.
|
| |||||||
| |||||||
1 | (9) "Central Management Services security police | ||||||
2 | officer" means any
person employed by the Department of | ||||||
3 | Central Management Services who is
vested with such law | ||||||
4 | enforcement duties as render him ineligible for
coverage | ||||||
5 | under the Social Security Act by reason of Sections | ||||||
6 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
7 | (10) For a member who first became an employee under | ||||||
8 | this Article before July 1, 2005, the term "security | ||||||
9 | employee of the Department of Corrections or the Department | ||||||
10 | of Juvenile Justice"
means any employee of the Department | ||||||
11 | of Corrections or the Department of Juvenile Justice or the | ||||||
12 | former
Department of Personnel, and any member or employee | ||||||
13 | of the Prisoner
Review Board, who has daily contact with | ||||||
14 | inmates or youth by working within a
correctional facility | ||||||
15 | or Juvenile facility operated by the Department of Juvenile | ||||||
16 | Justice or who is a parole officer or an employee who has
| ||||||
17 | direct contact with committed persons in the performance of | ||||||
18 | his or her
job duties. For a member who first becomes an | ||||||
19 | employee under this Article on or after July 1, 2005, the | ||||||
20 | term means an employee of the Department of Corrections or | ||||||
21 | the Department of Juvenile Justice who is any of the | ||||||
22 | following: (i) officially headquartered at a correctional | ||||||
23 | facility or Juvenile facility operated by the Department of | ||||||
24 | Juvenile Justice, (ii) a parole officer, (iii) a member of | ||||||
25 | the apprehension unit, (iv) a member of the intelligence | ||||||
26 | unit, (v) a member of the sort team, or (vi) an |
| |||||||
| |||||||
1 | investigator.
| ||||||
2 | (11) The term "dangerous drugs investigator" means any | ||||||
3 | person who is
employed as such by the Department of Human | ||||||
4 | Services.
| ||||||
5 | (12) The term "investigator for the Department of State | ||||||
6 | Police" means
a person employed by the Department of State | ||||||
7 | Police who is vested under
Section 4 of the Narcotic | ||||||
8 | Control Division Abolition Act with such
law enforcement | ||||||
9 | powers as render him ineligible for coverage under the
| ||||||
10 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
11 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
12 | (13) "Investigator for the Office of the Attorney | ||||||
13 | General" means any
person who is employed as such by the | ||||||
14 | Office of the Attorney General and
is vested with such | ||||||
15 | investigative duties as render him ineligible for
coverage | ||||||
16 | under the Social Security Act by reason of Sections | ||||||
17 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
18 | the period before January 1,
1989, the term includes all | ||||||
19 | persons who were employed as investigators by the
Office of | ||||||
20 | the Attorney General, without regard to social security | ||||||
21 | status.
| ||||||
22 | (14) "Controlled substance inspector" means any person | ||||||
23 | who is employed
as such by the Department of Professional | ||||||
24 | Regulation and is vested with such
law enforcement duties | ||||||
25 | as render him ineligible for coverage under the Social
| ||||||
26 | Security Act by reason of Sections 218(d)(5)(A), |
| |||||||
| |||||||
1 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
2 | "controlled substance inspector" includes the Program
| ||||||
3 | Executive of Enforcement and the Assistant Program | ||||||
4 | Executive of Enforcement.
| ||||||
5 | (15) The term "investigator for the Office of the | ||||||
6 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
7 | employed in that capacity on a full
time basis under the | ||||||
8 | authority of Section 7.06 of the State's Attorneys
| ||||||
9 | Appellate Prosecutor's Act.
| ||||||
10 | (16) "Commerce Commission police officer" means any | ||||||
11 | person employed
by the Illinois Commerce Commission who is | ||||||
12 | vested with such law
enforcement duties as render him | ||||||
13 | ineligible for coverage under the Social
Security Act by | ||||||
14 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
15 | 218(l)(1) of that Act.
| ||||||
16 | (17) "Arson investigator" means any person who is | ||||||
17 | employed as such by
the Office of the State Fire Marshal | ||||||
18 | and is vested with such law enforcement
duties as render | ||||||
19 | the person ineligible for coverage under the Social | ||||||
20 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
21 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
22 | employed as an arson
investigator on January 1, 1995 and is | ||||||
23 | no longer in service but not yet
receiving a retirement | ||||||
24 | annuity may convert his or her creditable service for
| ||||||
25 | employment as an arson investigator into eligible | ||||||
26 | creditable service by paying
to the System the difference |
| |||||||
| |||||||
1 | between the employee contributions actually paid
for that | ||||||
2 | service and the amounts that would have been contributed if | ||||||
3 | the
applicant were contributing at the rate applicable to | ||||||
4 | persons with the same
social security status earning | ||||||
5 | eligible creditable service on the date of
application.
| ||||||
6 | (18) The term "State highway maintenance worker" means | ||||||
7 | a person who is
either of the following:
| ||||||
8 | (i) A person employed on a full-time basis by the | ||||||
9 | Illinois
Department of Transportation in the position | ||||||
10 | of
highway maintainer,
highway maintenance lead | ||||||
11 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
12 | construction equipment operator,
power shovel | ||||||
13 | operator, or
bridge mechanic; and
whose principal | ||||||
14 | responsibility is to perform, on the roadway, the | ||||||
15 | actual
maintenance necessary to keep the highways that | ||||||
16 | form a part of the State
highway system in serviceable | ||||||
17 | condition for vehicular traffic.
| ||||||
18 | (ii) A person employed on a full-time basis by the | ||||||
19 | Illinois
State Toll Highway Authority in the position | ||||||
20 | of
equipment operator/laborer H-4,
equipment | ||||||
21 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
22 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
23 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
24 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
25 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
26 | painter H-4, or
painter H-6; and
whose principal |
| |||||||
| |||||||
1 | responsibility is to perform, on the roadway, the | ||||||
2 | actual
maintenance necessary to keep the Authority's | ||||||
3 | tollways in serviceable condition
for vehicular | ||||||
4 | traffic.
| ||||||
5 | (19) The term "security employee of the Department of | ||||||
6 | Innovation and Technology" means a person who was a | ||||||
7 | security employee of the Department of Corrections or the | ||||||
8 | Department of Juvenile Justice, was transferred to the | ||||||
9 | Department of Innovation and Technology pursuant to | ||||||
10 | Executive Order 2016-01, and continues to perform similar | ||||||
11 | job functions under that Department. | ||||||
12 | (d) A security employee of the Department of Corrections or | ||||||
13 | the Department of Juvenile Justice, and a security
employee of | ||||||
14 | the Department of Human Services who is not a mental health | ||||||
15 | police
officer, and a security employee of the Department of | ||||||
16 | Innovation and Technology shall not be eligible for the | ||||||
17 | alternative retirement annuity provided
by this Section unless | ||||||
18 | he or she meets the following minimum age and service
| ||||||
19 | requirements at the time of retirement:
| ||||||
20 | (i) 25 years of eligible creditable service and age 55; | ||||||
21 | or
| ||||||
22 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
23 | creditable service
and age 54, or 24 years of eligible | ||||||
24 | creditable service and age 55; or
| ||||||
25 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
26 | creditable service
and age 53, or 23 years of eligible |
| |||||||
| |||||||
1 | creditable service and age 55; or
| ||||||
2 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
3 | creditable service
and age 52, or 22 years of eligible | ||||||
4 | creditable service and age 55; or
| ||||||
5 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
6 | creditable service
and age 51, or 21 years of eligible | ||||||
7 | creditable service and age 55; or
| ||||||
8 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
9 | creditable service
and age 50, or 20 years of eligible | ||||||
10 | creditable service and age 55.
| ||||||
11 | Persons who have service credit under Article 16 of this | ||||||
12 | Code for service
as a security employee of the Department of | ||||||
13 | Corrections or the Department of Juvenile Justice, or the | ||||||
14 | Department
of Human Services in a position requiring | ||||||
15 | certification as a teacher may
count such service toward | ||||||
16 | establishing their eligibility under the service
requirements | ||||||
17 | of this Section; but such service may be used only for
| ||||||
18 | establishing such eligibility, and not for the purpose of | ||||||
19 | increasing or
calculating any benefit.
| ||||||
20 | (e) If a member enters military service while working in a | ||||||
21 | position in
which eligible creditable service may be earned, | ||||||
22 | and returns to State
service in the same or another such | ||||||
23 | position, and fulfills in all other
respects the conditions | ||||||
24 | prescribed in this Article for credit for military
service, | ||||||
25 | such military service shall be credited as eligible creditable
| ||||||
26 | service for the purposes of the retirement annuity prescribed |
| |||||||
| |||||||
1 | in this Section.
| ||||||
2 | (f) For purposes of calculating retirement annuities under | ||||||
3 | this
Section, periods of service rendered after December 31, | ||||||
4 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
5 | position of special agent,
conservation police officer, mental | ||||||
6 | health police officer, or investigator
for the Secretary of | ||||||
7 | State, shall be deemed to have been service as a
noncovered | ||||||
8 | employee, provided that the employee pays to the System prior | ||||||
9 | to
retirement an amount equal to (1) the difference between the | ||||||
10 | employee
contributions that would have been required for such | ||||||
11 | service as a
noncovered employee, and the amount of employee | ||||||
12 | contributions actually
paid, plus (2) if payment is made after | ||||||
13 | July 31, 1987, regular interest
on the amount specified in item | ||||||
14 | (1) from the date of service to the date
of payment.
| ||||||
15 | For purposes of calculating retirement annuities under | ||||||
16 | this Section,
periods of service rendered after December 31, | ||||||
17 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
18 | position of investigator for the
Department of Revenue shall be | ||||||
19 | deemed to have been service as a noncovered
employee, provided | ||||||
20 | that the employee pays to the System prior to retirement
an | ||||||
21 | amount equal to (1) the difference between the employee | ||||||
22 | contributions
that would have been required for such service as | ||||||
23 | a noncovered employee,
and the amount of employee contributions | ||||||
24 | actually paid, plus (2) if payment
is made after January 1, | ||||||
25 | 1990, regular interest on the amount specified in
item (1) from | ||||||
26 | the date of service to the date of payment.
|
| |||||||
| |||||||
1 | (g) A State policeman may elect, not later than January 1, | ||||||
2 | 1990, to
establish eligible creditable service for up to 10 | ||||||
3 | years of his service as
a policeman under Article 3, by filing | ||||||
4 | a written election with the Board,
accompanied by payment of an | ||||||
5 | amount to be determined by the Board, equal to
(i) the | ||||||
6 | difference between the amount of employee and employer
| ||||||
7 | contributions transferred to the System under Section 3-110.5, | ||||||
8 | and the
amounts that would have been contributed had such | ||||||
9 | contributions been made
at the rates applicable to State | ||||||
10 | policemen, plus (ii) interest thereon at
the effective rate for | ||||||
11 | each year, compounded annually, from the date of
service to the | ||||||
12 | date of payment.
| ||||||
13 | Subject to the limitation in subsection (i), a State | ||||||
14 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
15 | eligible creditable service for
up to 10 years of his service | ||||||
16 | as a member of the County Police Department
under Article 9, by | ||||||
17 | filing a written election with the Board, accompanied
by | ||||||
18 | payment of an amount to be determined by the Board, equal to | ||||||
19 | (i) the
difference between the amount of employee and employer | ||||||
20 | contributions
transferred to the System under Section 9-121.10 | ||||||
21 | and the amounts that would
have been contributed had those | ||||||
22 | contributions been made at the rates
applicable to State | ||||||
23 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
24 | each year, compounded annually, from the date of service to the
| ||||||
25 | date of payment.
| ||||||
26 | (h) Subject to the limitation in subsection (i), a State |
| |||||||
| |||||||
1 | policeman or
investigator for the Secretary of State may elect | ||||||
2 | to establish eligible
creditable service for up to 12 years of | ||||||
3 | his service as a policeman under
Article 5, by filing a written | ||||||
4 | election with the Board on or before January
31, 1992, and | ||||||
5 | paying to the System by January 31, 1994 an amount to be
| ||||||
6 | determined by the Board, equal to (i) the difference between | ||||||
7 | the amount of
employee and employer contributions transferred | ||||||
8 | to the System under Section
5-236, and the amounts that would | ||||||
9 | have been contributed had such
contributions been made at the | ||||||
10 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
11 | at the effective rate for each year, compounded
annually, from | ||||||
12 | the date of service to the date of payment.
| ||||||
13 | Subject to the limitation in subsection (i), a State | ||||||
14 | policeman,
conservation police officer, or investigator for | ||||||
15 | the Secretary of State may
elect to establish eligible | ||||||
16 | creditable service for up to 10 years of
service as a sheriff's | ||||||
17 | law enforcement employee under Article 7, by filing
a written | ||||||
18 | election with the Board on or before January 31, 1993, and | ||||||
19 | paying
to the System by January 31, 1994 an amount to be | ||||||
20 | determined by the Board,
equal to (i) the difference between | ||||||
21 | the amount of employee and
employer contributions transferred | ||||||
22 | to the System under Section
7-139.7, and the amounts that would | ||||||
23 | have been contributed had such
contributions been made at the | ||||||
24 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
25 | at the effective rate for each year, compounded
annually, from | ||||||
26 | the date of service to the date of payment.
|
| |||||||
| |||||||
1 | Subject to the limitation in subsection (i), a State | ||||||
2 | policeman,
conservation police officer, or investigator for | ||||||
3 | the Secretary of State may
elect to establish eligible | ||||||
4 | creditable service for up to 5 years of
service as a police | ||||||
5 | officer under Article 3, a policeman under Article 5, a | ||||||
6 | sheriff's law enforcement employee under Article 7, a member of | ||||||
7 | the county police department under Article 9, or a police | ||||||
8 | officer under Article 15 by filing
a written election with the | ||||||
9 | Board and paying
to the System an amount to be determined by | ||||||
10 | the Board,
equal to (i) the difference between the amount of | ||||||
11 | employee and
employer contributions transferred to the System | ||||||
12 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
13 | and the amounts that would have been contributed had such
| ||||||
14 | contributions been made at the rates applicable to State | ||||||
15 | policemen, plus
(ii) interest thereon at the effective rate for | ||||||
16 | each year, compounded
annually, from the date of service to the | ||||||
17 | date of payment. | ||||||
18 | Subject to the limitation in subsection (i), an | ||||||
19 | investigator for the Office of the Attorney General, or an | ||||||
20 | investigator for the Department of Revenue, may elect to | ||||||
21 | establish eligible creditable service for up to 5 years of | ||||||
22 | service as a police officer under Article 3, a policeman under | ||||||
23 | Article 5, a sheriff's law enforcement employee under Article | ||||||
24 | 7, or a member of the county police department under Article 9 | ||||||
25 | by filing a written election with the Board within 6 months | ||||||
26 | after August 25, 2009 (the effective date of Public Act 96-745) |
| |||||||
| |||||||
1 | and paying to the System an amount to be determined by the | ||||||
2 | Board, equal to (i) the difference between the amount of | ||||||
3 | employee and employer contributions transferred to the System | ||||||
4 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
5 | amounts that would have been contributed had such contributions | ||||||
6 | been made at the rates applicable to State policemen, plus (ii) | ||||||
7 | interest thereon at the actuarially assumed rate for each year, | ||||||
8 | compounded annually, from the date of service to the date of | ||||||
9 | payment. | ||||||
10 | Subject to the limitation in subsection (i), a State | ||||||
11 | policeman, conservation police officer, investigator for the | ||||||
12 | Office of the Attorney General, an investigator for the | ||||||
13 | Department of Revenue, or investigator for the Secretary of | ||||||
14 | State may elect to establish eligible creditable service for up | ||||||
15 | to 5 years of service as a person employed by a participating | ||||||
16 | municipality to perform police duties, or law enforcement | ||||||
17 | officer employed on a full-time basis by a forest preserve | ||||||
18 | district under Article 7, a county corrections officer, or a | ||||||
19 | court services officer under Article 9, by filing a written | ||||||
20 | election with the Board within 6 months after August 25, 2009 | ||||||
21 | (the effective date of Public Act 96-745) and paying to the | ||||||
22 | System an amount to be determined by the Board, equal to (i) | ||||||
23 | the difference between the amount of employee and employer | ||||||
24 | contributions transferred to the System under Sections 7-139.8 | ||||||
25 | and 9-121.10 and the amounts that would have been contributed | ||||||
26 | had such contributions been made at the rates applicable to |
| |||||||
| |||||||
1 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
2 | assumed rate for each year, compounded annually, from the date | ||||||
3 | of service to the date of payment. | ||||||
4 | (i) The total amount of eligible creditable service | ||||||
5 | established by any
person under subsections (g), (h), (j), (k), | ||||||
6 | and (l) of this
Section shall not exceed 12 years.
| ||||||
7 | (j) Subject to the limitation in subsection (i), an | ||||||
8 | investigator for
the Office of the State's Attorneys Appellate | ||||||
9 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
10 | establish eligible creditable service for up to 10 years of his | ||||||
11 | service as
a policeman under Article 3 or a sheriff's law | ||||||
12 | enforcement employee under
Article 7, by filing a written | ||||||
13 | election with the Board, accompanied by
payment of an amount to | ||||||
14 | be determined by the Board, equal to (1) the
difference between | ||||||
15 | the amount of employee and employer contributions
transferred | ||||||
16 | to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||||||
17 | that would have been contributed had such contributions been | ||||||
18 | made at the
rates applicable to State policemen, plus (2) | ||||||
19 | interest thereon at the
effective rate for each year, | ||||||
20 | compounded annually, from the date of service
to the date of | ||||||
21 | payment.
| ||||||
22 | (k) Subject to the limitation in subsection (i) of this | ||||||
23 | Section, an
alternative formula employee may elect to establish | ||||||
24 | eligible creditable
service for periods spent as a full-time | ||||||
25 | law enforcement officer or full-time
corrections officer | ||||||
26 | employed by the federal government or by a state or local
|
| |||||||
| |||||||
1 | government located outside of Illinois, for which credit is not | ||||||
2 | held in any
other public employee pension fund or retirement | ||||||
3 | system. To obtain this
credit, the applicant must file a | ||||||
4 | written application with the Board by March
31, 1998, | ||||||
5 | accompanied by evidence of eligibility acceptable to the Board | ||||||
6 | and
payment of an amount to be determined by the Board, equal | ||||||
7 | to (1) employee
contributions for the credit being established, | ||||||
8 | based upon the applicant's
salary on the first day as an | ||||||
9 | alternative formula employee after the employment
for which | ||||||
10 | credit is being established and the rates then applicable to
| ||||||
11 | alternative formula employees, plus (2) an amount determined by | ||||||
12 | the Board
to be the employer's normal cost of the benefits | ||||||
13 | accrued for the credit being
established, plus (3) regular | ||||||
14 | interest on the amounts in items (1) and (2) from
the first day | ||||||
15 | as an alternative formula employee after the employment for | ||||||
16 | which
credit is being established to the date of payment.
| ||||||
17 | (l) Subject to the limitation in subsection (i), a security | ||||||
18 | employee of
the Department of Corrections may elect, not later | ||||||
19 | than July 1, 1998, to
establish eligible creditable service for | ||||||
20 | up to 10 years of his or her service
as a policeman under | ||||||
21 | Article 3, by filing a written election with the Board,
| ||||||
22 | accompanied by payment of an amount to be determined by the | ||||||
23 | Board, equal to
(i) the difference between the amount of | ||||||
24 | employee and employer contributions
transferred to the System | ||||||
25 | under Section 3-110.5, and the amounts that would
have been | ||||||
26 | contributed had such contributions been made at the rates |
| |||||||
| |||||||
1 | applicable
to security employees of the Department of | ||||||
2 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
3 | for each year, compounded annually, from the date
of service to | ||||||
4 | the date of payment.
| ||||||
5 | (m) The amendatory changes to this Section made by this | ||||||
6 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
7 | security employees of the Department of Juvenile Justice | ||||||
8 | employed by the Department of Corrections before the effective | ||||||
9 | date of this amendatory Act of the 94th General Assembly and | ||||||
10 | transferred to the Department of Juvenile Justice by this | ||||||
11 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
12 | employed by the Department of Juvenile Justice on or after the | ||||||
13 | effective date of this amendatory Act of the 94th General | ||||||
14 | Assembly who are required by subsection (b) of Section 3-2.5-15 | ||||||
15 | of the Unified Code of Corrections to have a bachelor's or | ||||||
16 | advanced degree from an accredited college or university with a | ||||||
17 | specialization in criminal justice, education, psychology, | ||||||
18 | social work, or a closely related social science or, in the | ||||||
19 | case of persons who provide vocational training, who are | ||||||
20 | required to have adequate knowledge in the skill for which they | ||||||
21 | are providing the vocational training.
| ||||||
22 | (n) A person employed in a position under subsection (b) of | ||||||
23 | this Section who has purchased service credit under subsection | ||||||
24 | (j) of Section 14-104 or subsection (b) of Section 14-105 in | ||||||
25 | any other capacity under this Article may convert up to 5 years | ||||||
26 | of that service credit into service credit covered under this |
| |||||||
| |||||||
1 | Section by paying to the Fund an amount equal to (1) the | ||||||
2 | additional employee contribution required under Section | ||||||
3 | 14-133, plus (2) the additional employer contribution required | ||||||
4 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
5 | the actuarially assumed rate from the date of the service to | ||||||
6 | the date of payment. | ||||||
7 | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | ||||||
8 | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. | ||||||
9 | 7-2-10.)
| ||||||
10 | (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
| ||||||
11 | Sec. 15-106. Employer. "Employer": The University of | ||||||
12 | Illinois, Southern
Illinois University, Chicago State | ||||||
13 | University, Eastern Illinois University,
Governors State | ||||||
14 | University, Illinois State University, Northeastern Illinois
| ||||||
15 | University, Northern Illinois University, Western Illinois | ||||||
16 | University, the
State Board of Higher Education, the Illinois | ||||||
17 | Mathematics and Science Academy,
the University Civil Service | ||||||
18 | Merit Board, the Board of
Trustees of the State Universities | ||||||
19 | Retirement System, the Illinois Community
College Board, | ||||||
20 | community college
boards, any association of community college | ||||||
21 | boards organized under Section
3-55 of the Public Community | ||||||
22 | College Act, the Board of Examiners established
under the | ||||||
23 | Illinois Public Accounting Act, and, only during the period for | ||||||
24 | which
employer contributions required under Section 15-155 are | ||||||
25 | paid, the following
organizations: the alumni associations, |
| |||||||
| |||||||
1 | the foundations and the athletic
associations which are | ||||||
2 | affiliated with the universities and colleges included
in this | ||||||
3 | Section as employers. An individual who begins employment on or | ||||||
4 | after the effective date of this amendatory Act of the 99th | ||||||
5 | General Assembly with any association of community college | ||||||
6 | boards organized under Section 3-55 of the Public Community | ||||||
7 | College Act, the Association of Illinois Middle-Grade Schools, | ||||||
8 | the Illinois Association of School Administrators, the | ||||||
9 | Illinois Association for Supervision and Curriculum | ||||||
10 | Development, the Illinois Principals Association, the Illinois | ||||||
11 | Association of School Business Officials, the Illinois Special | ||||||
12 | Olympics, or an entity not defined as an employer in this | ||||||
13 | Section shall not be deemed an employee for the purposes of | ||||||
14 | this Article with respect to that employment and shall not be | ||||||
15 | eligible to participate in the System with respect to that | ||||||
16 | employment; provided, however, that those individuals who are | ||||||
17 | both employed by such an entity and are participating in the | ||||||
18 | System with respect to that employment on the effective date of | ||||||
19 | this amendatory Act of the 99th General Assembly shall be | ||||||
20 | allowed to continue as participants in the System for the | ||||||
21 | duration of that employment. | ||||||
22 | A department as defined in Section 14-103.04 is
an employer | ||||||
23 | for any person appointed by the Governor under the Civil
| ||||||
24 | Administrative Code of Illinois who is a participating employee | ||||||
25 | as defined in
Section 15-109. The Department of Central | ||||||
26 | Management Services is an employer with respect to persons |
| |||||||
| |||||||
1 | employed by the State Board of Higher Education in positions | ||||||
2 | with the Illinois Century Network as of June 30, 2004 who | ||||||
3 | remain continuously employed after that date by the Department | ||||||
4 | of Central Management Services in positions with the Illinois | ||||||
5 | Century Network, the Bureau of Communication and Computer | ||||||
6 | Services, or, if applicable, any successor bureau or the | ||||||
7 | Department of Innovation and Technology .
| ||||||
8 | The cities of Champaign and Urbana shall be considered
| ||||||
9 | employers, but only during the period for which contributions | ||||||
10 | are required to
be made under subsection (b-1) of Section | ||||||
11 | 15-155 and only with respect to
individuals described in | ||||||
12 | subsection (h) of Section 15-107.
| ||||||
13 | (Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17 .)
| ||||||
14 | Section 955. The Illinois Insurance Code is amended by | ||||||
15 | changing Sections 408, 408.2, 1202, and 1206 as follows:
| ||||||
16 | (215 ILCS 5/408) (from Ch. 73, par. 1020)
| ||||||
17 | Sec. 408. Fees and charges.
| ||||||
18 | (1) The Director shall charge, collect and
give proper | ||||||
19 | acquittances for the payment of the following fees and charges:
| ||||||
20 | (a) For filing all documents submitted for the | ||||||
21 | incorporation or
organization or certification of a | ||||||
22 | domestic company, except for a fraternal
benefit society, | ||||||
23 | $2,000.
| ||||||
24 | (b) For filing all documents submitted for the |
| |||||||
| |||||||
1 | incorporation or
organization of a fraternal benefit | ||||||
2 | society, $500.
| ||||||
3 | (c) For filing amendments to articles of incorporation | ||||||
4 | and amendments to
declaration of organization, except for a | ||||||
5 | fraternal benefit society, a
mutual benefit association, a | ||||||
6 | burial society or a farm mutual, $200.
| ||||||
7 | (d) For filing amendments to articles of incorporation | ||||||
8 | of a fraternal
benefit society, a mutual benefit | ||||||
9 | association or a burial society, $100.
| ||||||
10 | (e) For filing amendments to articles of incorporation | ||||||
11 | of a farm mutual,
$50.
| ||||||
12 | (f) For filing bylaws or amendments thereto, $50.
| ||||||
13 | (g) For filing agreement of merger or consolidation:
| ||||||
14 | (i) for a domestic company, except
for a fraternal | ||||||
15 | benefit society, a
mutual benefit association, a | ||||||
16 | burial society,
or a farm mutual, $2,000.
| ||||||
17 | (ii) for a foreign or
alien company, except for a | ||||||
18 | fraternal
benefit society, $600.
| ||||||
19 | (iii) for a fraternal benefit society,
a mutual | ||||||
20 | benefit association, a burial society,
or a farm | ||||||
21 | mutual, $200.
| ||||||
22 | (h) For filing agreements of reinsurance by a domestic | ||||||
23 | company, $200.
| ||||||
24 | (i) For filing all documents submitted by a foreign or | ||||||
25 | alien
company to be admitted to transact business or | ||||||
26 | accredited as a
reinsurer in this State, except for a
|
| |||||||
| |||||||
1 | fraternal benefit society, $5,000.
| ||||||
2 | (j) For filing all documents submitted by a foreign or | ||||||
3 | alien
fraternal benefit society to be admitted to transact | ||||||
4 | business
in this State, $500.
| ||||||
5 | (k) For filing declaration of withdrawal of a foreign | ||||||
6 | or
alien company, $50.
| ||||||
7 | (l) For filing annual statement by a domestic company, | ||||||
8 | except a fraternal benefit
society, a mutual benefit | ||||||
9 | association, a burial society, or
a farm mutual, $200.
| ||||||
10 | (m) For filing annual statement by a domestic fraternal | ||||||
11 | benefit
society, $100.
| ||||||
12 | (n) For filing annual statement by a farm mutual, a | ||||||
13 | mutual benefit
association, or a burial society, $50.
| ||||||
14 | (o) For issuing a certificate of authority or
renewal | ||||||
15 | thereof except to a foreign fraternal benefit society, | ||||||
16 | $400.
| ||||||
17 | (p) For issuing a certificate of authority or renewal | ||||||
18 | thereof to a foreign
fraternal benefit society, $200.
| ||||||
19 | (q) For issuing an amended certificate of authority, | ||||||
20 | $50.
| ||||||
21 | (r) For each certified copy of certificate of | ||||||
22 | authority, $20.
| ||||||
23 | (s) For each certificate of deposit, or valuation, or | ||||||
24 | compliance
or surety certificate, $20.
| ||||||
25 | (t) For copies of papers or records per page, $1.
| ||||||
26 | (u) For each certification to copies
of papers or |
| |||||||
| |||||||
1 | records, $10.
| ||||||
2 | (v) For multiple copies of documents or certificates | ||||||
3 | listed in
subparagraphs (r), (s), and (u) of paragraph (1) | ||||||
4 | of this Section, $10 for
the first copy of a certificate of | ||||||
5 | any type and $5 for each additional copy
of the same | ||||||
6 | certificate requested at the same time, unless, pursuant to
| ||||||
7 | paragraph (2) of this Section, the Director finds these | ||||||
8 | additional fees
excessive.
| ||||||
9 | (w) For issuing a permit to sell shares or increase | ||||||
10 | paid-up
capital:
| ||||||
11 | (i) in connection with a public stock offering, | ||||||
12 | $300;
| ||||||
13 | (ii) in any other case, $100.
| ||||||
14 | (x) For issuing any other certificate required or | ||||||
15 | permissible
under the law, $50.
| ||||||
16 | (y) For filing a plan of exchange of the stock of a | ||||||
17 | domestic
stock insurance company, a plan of | ||||||
18 | demutualization of a domestic
mutual company, or a plan of | ||||||
19 | reorganization under Article XII, $2,000.
| ||||||
20 | (z) For filing a statement of acquisition of a
domestic | ||||||
21 | company as defined in Section 131.4 of this Code, $2,000.
| ||||||
22 | (aa) For filing an agreement to purchase the business | ||||||
23 | of an
organization authorized under the Dental Service Plan | ||||||
24 | Act
or the Voluntary Health Services Plans Act or
of a | ||||||
25 | health maintenance
organization or a limited health | ||||||
26 | service organization, $2,000.
|
| |||||||
| |||||||
1 | (bb) For filing a statement of acquisition of a foreign | ||||||
2 | or alien
insurance company as defined in Section 131.12a of | ||||||
3 | this Code, $1,000.
| ||||||
4 | (cc) For filing a registration statement as required in | ||||||
5 | Sections 131.13
and 131.14, the notification as required by | ||||||
6 | Sections 131.16,
131.20a, or 141.4, or an
agreement or | ||||||
7 | transaction required by Sections 124.2(2), 141, 141a, or
| ||||||
8 | 141.1, $200.
| ||||||
9 | (dd) For filing an application for licensing of:
| ||||||
10 | (i) a religious or charitable risk pooling trust or | ||||||
11 | a workers'
compensation pool, $1,000;
| ||||||
12 | (ii) a workers' compensation service company, | ||||||
13 | $500;
| ||||||
14 | (iii) a self-insured automobile fleet, $200; or
| ||||||
15 | (iv) a renewal of or amendment of any license | ||||||
16 | issued pursuant to (i),
(ii), or (iii) above, $100.
| ||||||
17 | (ee) For filing articles of incorporation for a | ||||||
18 | syndicate to engage in
the business of insurance through | ||||||
19 | the Illinois Insurance Exchange, $2,000.
| ||||||
20 | (ff) For filing amended articles of incorporation for a | ||||||
21 | syndicate engaged
in the business of insurance through the | ||||||
22 | Illinois Insurance Exchange, $100.
| ||||||
23 | (gg) For filing articles of incorporation for a limited | ||||||
24 | syndicate to
join with other subscribers or limited | ||||||
25 | syndicates to do business through
the Illinois Insurance | ||||||
26 | Exchange, $1,000.
|
| |||||||
| |||||||
1 | (hh) For filing amended articles of incorporation for a | ||||||
2 | limited
syndicate to do business through the Illinois | ||||||
3 | Insurance Exchange, $100.
| ||||||
4 | (ii) For a permit to solicit subscriptions to a | ||||||
5 | syndicate
or limited syndicate, $100.
| ||||||
6 | (jj) For the filing of each form as required in Section | ||||||
7 | 143 of this
Code, $50 per form. The fee for advisory and | ||||||
8 | rating
organizations shall be $200 per form.
| ||||||
9 | (i) For the purposes of the form filing fee, | ||||||
10 | filings made on insert page
basis will be considered | ||||||
11 | one form at the time of its original submission.
| ||||||
12 | Changes made to a form subsequent to its approval shall | ||||||
13 | be considered a
new filing.
| ||||||
14 | (ii) Only one fee shall be charged for a form, | ||||||
15 | regardless of the number
of other forms or policies | ||||||
16 | with which it will be used.
| ||||||
17 | (iii) Fees charged for a policy filed as it will be | ||||||
18 | issued regardless of the number of forms comprising | ||||||
19 | that policy shall not exceed $1,500. For advisory or | ||||||
20 | rating organizations, fees charged for a policy filed | ||||||
21 | as it will be issued regardless of the number of forms | ||||||
22 | comprising that policy shall not exceed $2,500.
| ||||||
23 | (iv) The Director may by rule exempt forms from | ||||||
24 | such fees.
| ||||||
25 | (kk) For filing an application for licensing of a | ||||||
26 | reinsurance
intermediary, $500.
|
| |||||||
| |||||||
1 | (ll) For filing an application for renewal of a license | ||||||
2 | of a reinsurance
intermediary, $200.
| ||||||
3 | (2) When printed copies or numerous copies of the same | ||||||
4 | paper or records
are furnished or certified, the Director may | ||||||
5 | reduce such fees for copies
if he finds them excessive. He may, | ||||||
6 | when he considers it in the public
interest, furnish without | ||||||
7 | charge to state insurance departments and persons
other than | ||||||
8 | companies, copies or certified copies of reports of | ||||||
9 | examinations
and of other papers and records.
| ||||||
10 | (3) The expenses incurred in any performance
examination | ||||||
11 | authorized by law shall be paid by the company or person being
| ||||||
12 | examined. The charge shall be reasonably related to the cost of | ||||||
13 | the
examination including but not limited to compensation of | ||||||
14 | examiners,
electronic data processing costs, supervision and | ||||||
15 | preparation of an
examination report and lodging and travel | ||||||
16 | expenses.
All lodging and travel expenses shall be in accord
| ||||||
17 | with the applicable travel regulations as published by the | ||||||
18 | Department of
Central Management Services and approved by the | ||||||
19 | Governor's Travel Control
Board, except that out-of-state | ||||||
20 | lodging and travel expenses related to
examinations authorized | ||||||
21 | under Section 132 shall be in accordance with
travel rates | ||||||
22 | prescribed under paragraph 301-7.2 of the Federal Travel
| ||||||
23 | Regulations, 41 C.F.R. 301-7.2, for reimbursement of | ||||||
24 | subsistence expenses
incurred during official travel. All | ||||||
25 | lodging and travel expenses may be reimbursed directly upon | ||||||
26 | authorization of the
Director. With the exception of the
direct |
| |||||||
| |||||||
1 | reimbursements authorized by the
Director, all performance | ||||||
2 | examination charges collected by the
Department shall be paid
| ||||||
3 | to the Insurance Producer Administration Fund,
however, the | ||||||
4 | electronic data processing costs
incurred by the Department in | ||||||
5 | the performance of any examination shall be
billed directly to | ||||||
6 | the company being examined for payment to the
Technology | ||||||
7 | Management Statistical Services Revolving Fund.
| ||||||
8 | (4) At the time of any service of process on the Director
| ||||||
9 | as attorney for such service, the Director shall charge and | ||||||
10 | collect the
sum of $20, which may be recovered as taxable costs | ||||||
11 | by
the party to the suit or action causing such service to be | ||||||
12 | made if he prevails
in such suit or action.
| ||||||
13 | (5) (a) The costs incurred by the Department of Insurance
| ||||||
14 | in conducting any hearing authorized by law shall be assessed | ||||||
15 | against the
parties to the hearing in such proportion as the | ||||||
16 | Director of Insurance may
determine upon consideration of all | ||||||
17 | relevant circumstances including: (1)
the nature of the | ||||||
18 | hearing; (2) whether the hearing was instigated by, or
for the | ||||||
19 | benefit of a particular party or parties; (3) whether there is | ||||||
20 | a
successful party on the merits of the proceeding; and (4) the | ||||||
21 | relative levels
of participation by the parties.
| ||||||
22 | (b) For purposes of this subsection (5) costs incurred | ||||||
23 | shall
mean the hearing officer fees, court reporter fees, and | ||||||
24 | travel expenses
of Department of Insurance officers and | ||||||
25 | employees; provided however, that
costs incurred shall not | ||||||
26 | include hearing officer fees or court reporter
fees unless the |
| |||||||
| |||||||
1 | Department has retained the services of independent
| ||||||
2 | contractors or outside experts to perform such functions.
| ||||||
3 | (c) The Director shall make the assessment of costs | ||||||
4 | incurred as part of
the final order or decision arising out of | ||||||
5 | the proceeding; provided, however,
that such order or decision | ||||||
6 | shall include findings and conclusions in support
of the | ||||||
7 | assessment of costs. This subsection (5) shall not be construed | ||||||
8 | as
permitting the payment of travel expenses unless calculated | ||||||
9 | in accordance
with the applicable travel regulations of the | ||||||
10 | Department
of Central Management Services, as approved by the | ||||||
11 | Governor's Travel Control
Board. The Director as part of such | ||||||
12 | order or decision shall require all
assessments for hearing | ||||||
13 | officer fees and court reporter fees, if any, to
be paid | ||||||
14 | directly to the hearing officer or court reporter by the | ||||||
15 | party(s)
assessed for such costs. The assessments for travel | ||||||
16 | expenses of Department
officers and employees shall be | ||||||
17 | reimbursable to the
Director of Insurance for
deposit to the | ||||||
18 | fund out of which those expenses had been paid.
| ||||||
19 | (d) The provisions of this subsection (5) shall apply in | ||||||
20 | the case of any
hearing conducted by the Director of Insurance | ||||||
21 | not otherwise specifically
provided for by law.
| ||||||
22 | (6) The Director shall charge and collect an annual | ||||||
23 | financial
regulation fee from every domestic company for | ||||||
24 | examination and analysis of
its financial condition and to fund | ||||||
25 | the internal costs and expenses of the
Interstate Insurance | ||||||
26 | Receivership Commission as may be allocated to the State
of |
| |||||||
| |||||||
1 | Illinois and companies doing an insurance business in this | ||||||
2 | State pursuant to
Article X of the Interstate Insurance | ||||||
3 | Receivership Compact. The fee shall be
the greater fixed amount | ||||||
4 | based upon
the combination of nationwide direct premium income | ||||||
5 | and
nationwide reinsurance
assumed premium
income or upon | ||||||
6 | admitted assets calculated under this subsection as follows:
| ||||||
7 | (a) Combination of nationwide direct premium income | ||||||
8 | and
nationwide reinsurance assumed premium.
| ||||||
9 | (i) $150, if the premium is less than $500,000 and | ||||||
10 | there is
no
reinsurance assumed premium;
| ||||||
11 | (ii) $750, if the premium is $500,000 or more, but | ||||||
12 | less
than $5,000,000
and there is no reinsurance | ||||||
13 | assumed premium; or if the premium is less than
| ||||||
14 | $5,000,000 and the reinsurance assumed premium is less | ||||||
15 | than $10,000,000;
| ||||||
16 | (iii) $3,750, if the premium is less than | ||||||
17 | $5,000,000 and
the reinsurance
assumed premium is | ||||||
18 | $10,000,000 or more;
| ||||||
19 | (iv) $7,500, if the premium is $5,000,000 or more, | ||||||
20 | but
less than
$10,000,000;
| ||||||
21 | (v) $18,000, if the premium is $10,000,000 or more, | ||||||
22 | but
less than $25,000,000;
| ||||||
23 | (vi) $22,500, if the premium is $25,000,000 or | ||||||
24 | more, but
less
than $50,000,000;
| ||||||
25 | (vii) $30,000, if the premium is $50,000,000 or | ||||||
26 | more,
but less than $100,000,000;
|
| |||||||
| |||||||
1 | (viii) $37,500, if the premium is $100,000,000 or | ||||||
2 | more.
| ||||||
3 | (b) Admitted assets.
| ||||||
4 | (i) $150, if admitted assets are less than | ||||||
5 | $1,000,000;
| ||||||
6 | (ii) $750, if admitted assets are $1,000,000 or | ||||||
7 | more, but
less than
$5,000,000;
| ||||||
8 | (iii) $3,750, if admitted assets are $5,000,000 or | ||||||
9 | more,
but less than
$25,000,000;
| ||||||
10 | (iv) $7,500, if admitted assets are $25,000,000 or | ||||||
11 | more,
but less than
$50,000,000;
| ||||||
12 | (v) $18,000, if admitted assets are $50,000,000 or | ||||||
13 | more,
but less than
$100,000,000;
| ||||||
14 | (vi) $22,500, if admitted assets are $100,000,000 | ||||||
15 | or
more, but less
than $500,000,000;
| ||||||
16 | (vii) $30,000, if admitted assets are $500,000,000 | ||||||
17 | or
more, but less
than $1,000,000,000;
| ||||||
18 | (viii) $37,500, if admitted assets are | ||||||
19 | $1,000,000,000
or more.
| ||||||
20 | (c) The sum of financial regulation fees charged to the | ||||||
21 | domestic
companies of the same affiliated group shall not | ||||||
22 | exceed $250,000
in the aggregate in any single year and | ||||||
23 | shall be billed by the Director to
the member company | ||||||
24 | designated by the
group.
| ||||||
25 | (7) The Director shall charge and collect an annual | ||||||
26 | financial regulation
fee from every foreign or alien company, |
| |||||||
| |||||||
1 | except fraternal benefit
societies, for the
examination and | ||||||
2 | analysis of its financial condition and to fund the internal
| ||||||
3 | costs and expenses of the Interstate Insurance Receivership | ||||||
4 | Commission as may
be allocated to the State of Illinois and | ||||||
5 | companies doing an insurance business
in this State pursuant to | ||||||
6 | Article X of the Interstate Insurance Receivership
Compact.
The | ||||||
7 | fee shall be a fixed amount based upon Illinois direct premium | ||||||
8 | income
and nationwide reinsurance assumed premium income in | ||||||
9 | accordance with the
following schedule:
| ||||||
10 | (a) $150, if the premium is less than $500,000 and | ||||||
11 | there is
no
reinsurance assumed premium;
| ||||||
12 | (b) $750, if the premium is $500,000 or more, but less | ||||||
13 | than
$5,000,000
and there is no reinsurance assumed | ||||||
14 | premium;
or if the premium is less than $5,000,000 and the | ||||||
15 | reinsurance assumed
premium is less than $10,000,000;
| ||||||
16 | (c) $3,750, if the premium is less than $5,000,000 and | ||||||
17 | the
reinsurance
assumed premium is $10,000,000 or more;
| ||||||
18 | (d) $7,500, if the premium is $5,000,000 or more, but | ||||||
19 | less
than
$10,000,000;
| ||||||
20 | (e) $18,000, if the premium is $10,000,000 or more, but
| ||||||
21 | less than
$25,000,000;
| ||||||
22 | (f) $22,500, if the premium is $25,000,000 or more, but
| ||||||
23 | less than
$50,000,000;
| ||||||
24 | (g) $30,000, if the premium is $50,000,000 or more, but
| ||||||
25 | less than
$100,000,000;
| ||||||
26 | (h) $37,500, if the premium is $100,000,000 or more.
|
| |||||||
| |||||||
1 | The sum of financial regulation fees under this subsection | ||||||
2 | (7)
charged to the foreign or alien companies within the same | ||||||
3 | affiliated group
shall not exceed $250,000 in the aggregate in | ||||||
4 | any single year
and shall be
billed by the Director to the | ||||||
5 | member company designated by the group.
| ||||||
6 | (8) Beginning January 1, 1992, the financial regulation | ||||||
7 | fees imposed
under subsections (6) and (7)
of this Section | ||||||
8 | shall be paid by each company or domestic affiliated group
| ||||||
9 | annually. After January
1, 1994, the fee shall be billed by | ||||||
10 | Department invoice
based upon the company's
premium income or | ||||||
11 | admitted assets as shown in its annual statement for the
| ||||||
12 | preceding calendar year. The invoice is due upon
receipt and | ||||||
13 | must be paid no later than June 30 of each calendar year. All
| ||||||
14 | financial
regulation fees collected by the Department shall be | ||||||
15 | paid to the Insurance
Financial Regulation Fund. The Department | ||||||
16 | may not collect financial
examiner per diem charges from | ||||||
17 | companies subject to subsections (6) and (7)
of this Section | ||||||
18 | undergoing financial examination
after June 30, 1992.
| ||||||
19 | (9) In addition to the financial regulation fee required by | ||||||
20 | this
Section, a company undergoing any financial examination | ||||||
21 | authorized by law
shall pay the following costs and expenses | ||||||
22 | incurred by the Department:
electronic data processing costs, | ||||||
23 | the expenses authorized under Section 131.21
and
subsection (d) | ||||||
24 | of Section 132.4 of this Code, and lodging and travel expenses.
| ||||||
25 | Electronic data processing costs incurred by the | ||||||
26 | Department in the
performance of any examination shall be |
| |||||||
| |||||||
1 | billed directly to the company
undergoing examination for | ||||||
2 | payment to the Technology Management Statistical Services | ||||||
3 | Revolving
Fund. Except for direct reimbursements authorized by | ||||||
4 | the Director or
direct payments made under Section 131.21 or | ||||||
5 | subsection (d) of Section
132.4 of this Code, all financial | ||||||
6 | regulation fees and all financial
examination charges | ||||||
7 | collected by the Department shall be paid to the
Insurance | ||||||
8 | Financial Regulation Fund.
| ||||||
9 | All lodging and travel expenses shall be in accordance with | ||||||
10 | applicable
travel regulations published by the Department of | ||||||
11 | Central Management
Services and approved by the Governor's | ||||||
12 | Travel Control Board, except that
out-of-state lodging and | ||||||
13 | travel expenses related to examinations authorized
under | ||||||
14 | Sections 132.1 through 132.7 shall be in accordance
with travel | ||||||
15 | rates prescribed
under paragraph 301-7.2 of the Federal Travel | ||||||
16 | Regulations, 41 C.F.R. 301-7.2,
for reimbursement of | ||||||
17 | subsistence expenses incurred during official travel.
All | ||||||
18 | lodging and travel expenses may be
reimbursed directly upon the | ||||||
19 | authorization of the Director.
| ||||||
20 | In the case of an organization or person not subject to the | ||||||
21 | financial
regulation fee, the expenses incurred in any | ||||||
22 | financial examination authorized
by law shall be paid by the | ||||||
23 | organization or person being examined. The charge
shall be | ||||||
24 | reasonably related to the cost of the examination including, | ||||||
25 | but not
limited to, compensation of examiners and other costs | ||||||
26 | described in this
subsection.
|
| |||||||
| |||||||
1 | (10) Any company, person, or entity failing to make any | ||||||
2 | payment of $150
or more as required under this Section shall be | ||||||
3 | subject to the penalty and
interest provisions provided for in | ||||||
4 | subsections (4) and (7)
of Section 412.
| ||||||
5 | (11) Unless otherwise specified, all of the fees collected | ||||||
6 | under this
Section shall be paid into the Insurance Financial | ||||||
7 | Regulation Fund.
| ||||||
8 | (12) For purposes of this Section:
| ||||||
9 | (a) "Domestic company" means a company as defined in | ||||||
10 | Section 2 of this
Code which is incorporated or organized | ||||||
11 | under the laws of this State, and in
addition includes a | ||||||
12 | not-for-profit corporation authorized under the Dental
| ||||||
13 | Service Plan Act or the Voluntary Health
Services Plans | ||||||
14 | Act, a health maintenance organization, and a
limited
| ||||||
15 | health service organization.
| ||||||
16 | (b) "Foreign company" means a company as defined in | ||||||
17 | Section 2 of this
Code which is incorporated or organized | ||||||
18 | under the laws of any state of the
United States other than | ||||||
19 | this State and in addition includes a health
maintenance | ||||||
20 | organization and a limited health service organization | ||||||
21 | which is
incorporated or organized under the laws
of any | ||||||
22 | state of the United States other than this State.
| ||||||
23 | (c) "Alien company" means a company as defined in | ||||||
24 | Section 2 of this Code
which is incorporated or organized | ||||||
25 | under the laws of any country other than
the United States.
| ||||||
26 | (d) "Fraternal benefit society" means a corporation, |
| |||||||
| |||||||
1 | society, order,
lodge or voluntary association as defined | ||||||
2 | in Section 282.1 of this
Code.
| ||||||
3 | (e) "Mutual benefit association" means a company, | ||||||
4 | association or
corporation authorized by the Director to do | ||||||
5 | business in this State under
the provisions of Article | ||||||
6 | XVIII of this Code.
| ||||||
7 | (f) "Burial society" means a person, firm, | ||||||
8 | corporation, society or
association of individuals | ||||||
9 | authorized by the Director to do business in
this State | ||||||
10 | under the provisions of Article XIX of this Code.
| ||||||
11 | (g) "Farm mutual" means a district, county and township | ||||||
12 | mutual insurance
company authorized by the Director to do | ||||||
13 | business in this State under the
provisions of the Farm | ||||||
14 | Mutual Insurance Company Act of 1986.
| ||||||
15 | (Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11; | ||||||
16 | 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
| ||||||
17 | (215 ILCS 5/408.2) (from Ch. 73, par. 1020.2)
| ||||||
18 | Sec. 408.2. Statistical Services. Any public record, or any | ||||||
19 | data obtained
by the Department of Insurance, which is subject | ||||||
20 | to public inspection or
copying and which is maintained on a | ||||||
21 | computer processible medium, may be
furnished in a computer | ||||||
22 | processed or computer processible medium upon the
written | ||||||
23 | request of any applicant and the payment of a reasonable fee
| ||||||
24 | established by the Director sufficient to cover the total cost | ||||||
25 | of the
Department for processing, maintaining and generating |
| |||||||
| |||||||
1 | such computer
processible records or data, except to the extent | ||||||
2 | of any salaries or
compensation of Department officers or | ||||||
3 | employees.
| ||||||
4 | The Director of Insurance is specifically authorized to | ||||||
5 | contract with
members of the public at large, enter waiver | ||||||
6 | agreements, or otherwise enter
written agreements for the | ||||||
7 | purpose of assuring public access to the
Department's computer | ||||||
8 | processible records or data, or for the purpose of
restricting, | ||||||
9 | controlling or limiting such access where necessary to protect
| ||||||
10 | the confidentiality of individuals, companies or other | ||||||
11 | entities identified
by such documents.
| ||||||
12 | All fees collected by the Director under this Section 408.2 | ||||||
13 | shall be
deposited in the Technology Management Statistical | ||||||
14 | Services Revolving Fund and credited to the
account of the | ||||||
15 | Department of Insurance. Any surplus funds remaining in
such | ||||||
16 | account at the close of any fiscal year shall be delivered to | ||||||
17 | the
State Treasurer for deposit in the Insurance Financial | ||||||
18 | Regulation Fund.
| ||||||
19 | (Source: P.A. 84-989.)
| ||||||
20 | (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
| ||||||
21 | Sec. 1202. Duties. The Director shall:
| ||||||
22 | (a) determine the relationship of insurance premiums | ||||||
23 | and related income
as compared to insurance costs and | ||||||
24 | expenses and provide such information to
the General | ||||||
25 | Assembly and the general public;
|
| |||||||
| |||||||
1 | (b) study the insurance system in the State of | ||||||
2 | Illinois, and recommend
to the General Assembly what it | ||||||
3 | deems to be the most appropriate and
comprehensive cost | ||||||
4 | containment system for the State;
| ||||||
5 | (c) respond to the requests by agencies of government | ||||||
6 | and the General
Assembly for special studies and analysis | ||||||
7 | of data collected pursuant to
this Article. Such reports | ||||||
8 | shall be made available in a form prescribed by
the | ||||||
9 | Director. The Director may also determine a fee to be | ||||||
10 | charged to the
requesting agency to cover the direct and | ||||||
11 | indirect costs for producing such
a report, and shall | ||||||
12 | permit affected insurers the right to review the
accuracy | ||||||
13 | of the report before it is released. The fees shall
be | ||||||
14 | deposited
into the Technology Management Statistical | ||||||
15 | Services Revolving Fund and credited to the account
of the | ||||||
16 | Department of Insurance;
| ||||||
17 | (d) make an interim report to the General Assembly no | ||||||
18 | later than August
15, 1987, and an annual report to the | ||||||
19 | General Assembly no later than July 1
every year thereafter | ||||||
20 | which shall include the Director's findings and
| ||||||
21 | recommendations regarding its duties as provided under | ||||||
22 | subsections (a),
(b), and (c) of this Section.
| ||||||
23 | (Source: P.A. 98-226, eff. 1-1-14; 99-642, eff. 7-28-16.)
| ||||||
24 | (215 ILCS 5/1206) (from Ch. 73, par. 1065.906)
| ||||||
25 | Sec. 1206. Expenses. The companies required to file reports |
| |||||||
| |||||||
1 | under this
Article shall pay a reasonable fee established by | ||||||
2 | the Director sufficient
to cover the total cost of the | ||||||
3 | Department incident to or associated
with the administration | ||||||
4 | and enforcement of this Article, including the
collection, | ||||||
5 | analysis and distribution of the insurance cost data, the
| ||||||
6 | conversion of hard copy reports to tape, and the compilation | ||||||
7 | and
analysis of basic reports.
The Director may establish a | ||||||
8 | schedule of fees for this purpose.
Expenses for additional | ||||||
9 | reports shall be billed
to those requesting the reports. Any | ||||||
10 | such fees collected under this Section
shall be paid to the | ||||||
11 | Director of Insurance and deposited into the
Technology | ||||||
12 | Management Statistical Services Revolving Fund and credited to | ||||||
13 | the account of the
Department of Insurance.
| ||||||
14 | (Source: P.A. 84-1431.)
| ||||||
15 | Section 960. The Hydraulic Fracturing Regulatory Act is | ||||||
16 | amended by changing Section 1-110 as follows: | ||||||
17 | (225 ILCS 732/1-110)
| ||||||
18 | Sec. 1-110. Public information; website. | ||||||
19 | (a) All information submitted to the Department under this | ||||||
20 | Act is deemed public information, except information deemed to | ||||||
21 | constitute a trade secret under Section 1-77 of this Act and | ||||||
22 | private information and personal information as defined in the | ||||||
23 | Freedom of Information Act. | ||||||
24 | (b) To provide the public and concerned citizens with a |
| |||||||
| |||||||
1 | centralized repository of information, the Department , in | ||||||
2 | consultation with the Department of Innovation and Technology, | ||||||
3 | shall create and maintain a comprehensive website dedicated to | ||||||
4 | providing information concerning high volume horizontal | ||||||
5 | hydraulic fracturing operations. The website shall contain, | ||||||
6 | assemble, and link the documents and information required by | ||||||
7 | this Act to be posted on the Department's or other agencies' | ||||||
8 | websites. The Department of Innovation and Technology, on | ||||||
9 | behalf of the Department, shall also create and maintain an | ||||||
10 | online searchable database that provides information related | ||||||
11 | to high volume horizontal hydraulic fracturing operations on | ||||||
12 | wells that, at a minimum, includes, for each well it permits, | ||||||
13 | the identity of its operators, its waste disposal, its chemical | ||||||
14 | disclosure information, and any complaints or violations under | ||||||
15 | this Act. The website created under this Section shall allow | ||||||
16 | users to search for completion reports by well name and | ||||||
17 | location, dates of fracturing and drilling operations, | ||||||
18 | operator, and by chemical additives.
| ||||||
19 | (Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.) | ||||||
20 | Section 965. The Illinois Public Aid Code is amended by | ||||||
21 | changing Section 12-10.10 as follows: | ||||||
22 | (305 ILCS 5/12-10.10) | ||||||
23 | Sec. 12-10.10. DHS Technology Initiative Fund. | ||||||
24 | (a) The DHS Technology Initiative Fund is hereby created as |
| |||||||
| |||||||
1 | a trust fund within the State treasury with the State Treasurer | ||||||
2 | as the ex-officio custodian of the Fund. | ||||||
3 | (b) The Department of Human Services may accept and receive | ||||||
4 | grants, awards, gifts, and bequests from any source, public or | ||||||
5 | private, in support of information technology initiatives. | ||||||
6 | Moneys received in support of information technology | ||||||
7 | initiatives, and any interest earned thereon, shall be | ||||||
8 | deposited into the DHS Technology Initiative Fund. | ||||||
9 | (c) Moneys in the Fund may be used by the Department of | ||||||
10 | Human Services for the purpose of making grants associated with | ||||||
11 | the development and implementation of information technology | ||||||
12 | projects or paying for operational expenses of the Department | ||||||
13 | of Human Services related to such projects. | ||||||
14 | (d) The Department of Human Services, in consultation with | ||||||
15 | the Department of Innovation and Technology, shall use the | ||||||
16 | funds deposited in the DHS Technology Fund to pay for | ||||||
17 | information technology solutions either provided by Department | ||||||
18 | of Innovation and Technology or arranged or coordinated by the | ||||||
19 | Department of Innovation and Technology.
| ||||||
20 | (Source: P.A. 98-24, eff. 6-19-13.) | ||||||
21 | Section 970. The Methamphetamine Precursor Tracking Act is | ||||||
22 | amended by changing Section 20 as follows: | ||||||
23 | (720 ILCS 649/20)
| ||||||
24 | Sec. 20. Secure website.
|
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| |||||||
1 | (a) The Illinois State Police , in consultation with the | ||||||
2 | Department of Innovation and Technology, shall establish a | ||||||
3 | secure website for the transmission of electronic transaction | ||||||
4 | records and make it available free of charge to covered | ||||||
5 | pharmacies.
| ||||||
6 | (b) The secure website shall enable covered pharmacies to | ||||||
7 | transmit to the Central Repository an electronic transaction | ||||||
8 | record each time the pharmacy distributes a targeted | ||||||
9 | methamphetamine precursor to a recipient.
| ||||||
10 | (c) If the secure website becomes unavailable to a covered | ||||||
11 | pharmacy, the covered pharmacy may, during the period in which | ||||||
12 | the secure website is not available, continue to distribute | ||||||
13 | targeted methamphetamine precursor without using the secure | ||||||
14 | website if, during this period, the covered pharmacy maintains | ||||||
15 | and transmits handwritten logs as described in Sections 20 and | ||||||
16 | 25 of the Methamphetamine Precursor Control Act.
| ||||||
17 | (Source: P.A. 97-670, eff. 1-19-12.)
| ||||||
18 | Section 975. The Workers' Compensation Act is amended by | ||||||
19 | changing Section 17 as follows:
| ||||||
20 | (820 ILCS 305/17) (from Ch. 48, par. 138.17)
| ||||||
21 | Sec. 17. The Commission shall cause to be printed and | ||||||
22 | furnish free of
charge upon request by any employer or employee | ||||||
23 | such blank forms as may
facilitate or promote efficient | ||||||
24 | administration and the performance of
the duties of the |
| |||||||
| |||||||
1 | Commission. It shall provide a proper record in which
shall be | ||||||
2 | entered and indexed the name of any employer who shall file a
| ||||||
3 | notice of declination or withdrawal under this Act, and the | ||||||
4 | date of the
filing thereof; and a proper record in which shall | ||||||
5 | be entered and
indexed the name of any employee who shall file | ||||||
6 | such notice of
declination or withdrawal, and the date of the | ||||||
7 | filing thereof; and such
other notices as may be required by | ||||||
8 | this Act; and records in which shall
be recorded all | ||||||
9 | proceedings, orders and awards had or made by the
Commission or | ||||||
10 | by the arbitration committees, and such other books or
records | ||||||
11 | as it shall deem
necessary, all such records to be kept in the
| ||||||
12 | office of the Commission.
| ||||||
13 | The Commission may destroy all papers and documents which | ||||||
14 | have been
on file for more than 5 years where there is no claim | ||||||
15 | for compensation
pending or where more than 2 years have | ||||||
16 | elapsed since the termination of
the compensation period.
| ||||||
17 | The Commission shall compile and distribute to interested | ||||||
18 | persons aggregate
statistics, taken from any records and | ||||||
19 | reports in the possession of the
Commission. The aggregate | ||||||
20 | statistics shall not give the names or otherwise
identify | ||||||
21 | persons sustaining injuries or disabilities or the employer of
| ||||||
22 | any injured person or person with a disability.
| ||||||
23 | The Commission is authorized to establish reasonable fees | ||||||
24 | and methods
of payment limited to covering only the costs to | ||||||
25 | the Commission for processing,
maintaining and generating | ||||||
26 | records or data necessary for the computerized
production of |
| |||||||
| |||||||
1 | documents, records and other materials except to the extent
of | ||||||
2 | any salaries or compensation of Commission officers or | ||||||
3 | employees.
| ||||||
4 | All fees collected by the Commission under this Section | ||||||
5 | shall be deposited
in the Technology Management Statistical | ||||||
6 | Services Revolving Fund and credited to the account of
the | ||||||
7 | Illinois Workers' Compensation Commission.
| ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
9 | Section 980. The Workers' Occupational Diseases Act is | ||||||
10 | amended by changing Section 17 as follows:
| ||||||
11 | (820 ILCS 310/17) (from Ch. 48, par. 172.52)
| ||||||
12 | Sec. 17. The Commission shall cause to be printed and shall | ||||||
13 | furnish
free of charge upon request by any employer or employee | ||||||
14 | such blank forms
as it shall deem requisite to facilitate or | ||||||
15 | promote the efficient
administration of this Act, and the | ||||||
16 | performance of the duties of the
Commission. It shall provide a | ||||||
17 | proper record in which shall be entered
and indexed the name of | ||||||
18 | any employer who shall file a notice of election
under this | ||||||
19 | Act, and the date of the filing thereof; and a proper record
in | ||||||
20 | which shall be entered and indexed the name of any employee who | ||||||
21 | shall
file a notice of election, and the date of the filing | ||||||
22 | thereof; and such
other notices as may be required by this Act; | ||||||
23 | and records in which shall
be recorded all proceedings, orders | ||||||
24 | and awards had or made by the
Commission, or by the arbitration |
| |||||||
| |||||||
1 | committees, and such other books or
records as it shall deem | ||||||
2 | necessary, all such records to be kept in the
office of the | ||||||
3 | Commission. The Commission, in its discretion, may destroy
all | ||||||
4 | papers and documents except notices of election and waivers | ||||||
5 | which
have been on file for more than five years where there is | ||||||
6 | no claim for
compensation pending, or where more than two years | ||||||
7 | have elapsed since
the termination of the compensation period.
| ||||||
8 | The Commission shall compile and distribute to interested | ||||||
9 | persons aggregate
statistics, taken from any records and | ||||||
10 | reports in the possession of the
Commission. The aggregate | ||||||
11 | statistics shall not give the names or otherwise
identify | ||||||
12 | persons sustaining injuries or disabilities or the employer of
| ||||||
13 | any injured person or person with a disability.
| ||||||
14 | The Commission is authorized to establish reasonable fees | ||||||
15 | and methods
of payment limited to covering only the costs to | ||||||
16 | the Commission for processing,
maintaining and generating | ||||||
17 | records or data necessary for the computerized
production of | ||||||
18 | documents, records and other materials except to the extent
of | ||||||
19 | any salaries or compensation of Commission officers or | ||||||
20 | employees.
| ||||||
21 | All fees collected by the Commission under this Section | ||||||
22 | shall be deposited
in the Technology Management Statistical | ||||||
23 | Services Revolving Fund and credited to the account of
the | ||||||
24 | Illinois Workers' Compensation Commission.
| ||||||
25 | (Source: P.A. 99-143, eff. 7-27-15.)
|
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| |||||||
1 | Section 995. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act. | ||||||
8 | Section 997. Severability. The provisions of this Act are | ||||||
9 | severable under Section 1.31 of the Statute on Statutes. | ||||||
10 | Section 999. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|