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91_HB4374sam001
LRB9111008EGfgam07
1 AMENDMENT TO HOUSE BILL 4374
2 AMENDMENT NO. . Amend House Bill 4374 by replacing
3 everything after the enacting clause with the following:
4 "ARTICLE 1. SHORT TITLE
5 Section 1-1. Short title. This Act may be cited as the
6 FY2001 Budget Implementation Act relating to the fiscal
7 operation of State government.
8 ARTICLE 5. ELIMINATE THE DIGITAL DIVIDE LAW
9 Section 5-1. Short title. This Article may be cited as
10 the Eliminate the Digital Divide Law.
11 Section 5-3. Statement of legislative findings and
12 purposes. The General Assembly finds that the growth of high
13 technology industry, including computers, the Internet, and
14 advanced telecommunications, has created a division in
15 society. Those who are able to master the tools of the new
16 digital technology and have access to the technology have
17 benefited in the form of improved employment possibilities
18 and a higher standard of life. Those who are unfamiliar with
19 the new technologies, or do not have access to them, are
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1 increasingly constrained to marginal employment and a
2 standard of living near the poverty level. This "digital
3 divide" parallels existing economic, racial, and gender
4 divisions in society, with the more privileged members of
5 society having much greater opportunity to benefit from the
6 new technologies than those who are less favorably situated.
7 It is the purpose of this Law to establish educational and
8 economic development initiatives that will bridge the digital
9 divide, making possible a society in which all individuals
10 can benefit from the opportunities provided by the new
11 technologies.
12 Section 5-5. Definitions; descriptions. As used in this
13 Article:
14 "Community-based organization" means a private
15 not-for-profit organization that is located in an Illinois
16 community and that provides services to citizens within that
17 community and the surrounding area.
18 "Community technology centers" provide computer access
19 and educational services using information technology.
20 Community technology centers are diverse in the populations
21 they serve and programs they offer, but similar in that they
22 provide technology access to individuals, communities, and
23 populations that typically would not otherwise have places to
24 use computer and telecommunications technologies.
25 "Department" means the Department of Commerce and
26 Community Affairs.
27 "National school lunch program" means a program
28 administered by the U.S. Department of Agriculture and state
29 agencies that provides free or reduced price lunches to
30 economically disadvantaged children. A child whose family
31 income is between 130% and 185% of applicable family size
32 income levels contained in the nonfarm poverty guidelines
33 prescribed by the Office of Management and Budget is eligible
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1 for a reduced price lunch. A child whose family income is
2 130% or less of applicable family size income levels
3 contained in the nonfarm income poverty guidelines prescribed
4 by the Office of Management and Budget is eligible for a free
5 lunch.
6 "Telecommunications services" provided by
7 telecommunications carriers include all commercially
8 available telecommunications services in addition to all
9 reasonable charges that are incurred by taking such services,
10 such as state and federal taxes.
11 "Other special services" provided by telecommunications
12 carriers include Internet access and installation and
13 maintenance of internal connections in addition to all
14 reasonable charges that are incurred by taking such services,
15 such as state and federal taxes.
16 Section 5-30. Community Technology Center Grant Program.
17 (a) Subject to appropriation, the Department shall
18 administer the Community Technology Center Grant Program
19 under which the Department shall make grants in accordance
20 with this Article for planning, establishment,
21 administration, and expansion of Community Technology
22 Centers. The purposes of the grants shall include, but not be
23 limited to, volunteer recruitment and management,
24 infrastructure, and related goods and services for Community
25 Technology Centers. The total amount of grants under this
26 Section in fiscal year 2001 shall not exceed $2,000,000. No
27 Community Technology Center may receive a grant of more than
28 $50,000 under this Section in a particular fiscal year.
29 (b) State educational agencies, local educational
30 agencies, institutions of higher education, and other public
31 and private nonprofit or for-profit agencies and
32 organizations are eligible to receive grants under this
33 Program. A group of eligible entities is also eligible to
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1 receive a grant if the group follows the procedures for group
2 applications in 34 CFR 75.127-129 of the Education Department
3 General Administrative Regulations.
4 To be eligible to apply for a grant, a Community
5 Technology Center must serve a community in which not less
6 than 50% of the students are eligible for a free or reduced
7 price lunch under the national school lunch program or in
8 which not less than 40% of the students are eligible for a
9 free lunch under the national school lunch program; however,
10 if funding is insufficient to approve all grant applications
11 for a particular fiscal year, the Department may impose a
12 higher minimum percentage threshold for that fiscal year.
13 Determinations of communities and determinations of the
14 percentage of students in a community who are eligible for a
15 free or reduced price lunch under the national school lunch
16 program shall be in accordance with rules adopted by the
17 Department.
18 Any entities that have received a Community Technology
19 Center grant under the federal Community Technology Centers
20 Program are also eligible to apply for grants under this
21 Program.
22 The Department shall provide assistance to Community
23 Technology Centers in making those determinations for
24 purposes of applying for grants.
25 (c) Grant applications shall be submitted to the
26 Department not later than March 15 for the next fiscal year.
27 (d) The Department shall adopt rules setting forth the
28 required form and contents of grant applications.
29 Section 5-35. Resale; Community Technology Centers.
30 (a) Products and services purchased by Community
31 Technology Centers with grant funds may not be sold, resold,
32 or transferred in consideration of money or any other thing
33 of value except with the prior approval of the Department.
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1 (b) This prohibition on resale shall not bar Community
2 Technology Centers from charging fees for education or
3 workforce preparation courses. There is no prohibition on the
4 resale of products or services that are not purchased with
5 grant funds.
6 Section 5-40. Auditing; records; Community Technology
7 Centers.
8 (a) Community Technology Centers shall be required to
9 maintain for expenditures made under this Article any
10 procurement records required by the Department. Community
11 Technology Centers shall produce those records at the request
12 of the Department, any auditor appointed by the State, or any
13 State officer or agency entitled to inspect the records.
14 (b) Community Technology Centers shall be subject to
15 random compliance audits to evaluate what products and
16 services they are purchasing and how the products and
17 services are being used.
18 Section 5-45. Statewide Community Technology Center
19 Network. Subject to appropriation, the Department shall
20 expend not more than $100,000 in fiscal year 2001 to
21 establish and administer a Statewide Community Technology
22 Center Network to assist in local and regional planning under
23 this Article.
24 Section 5-105. Rules. The Department may adopt any rules
25 that are necessary and appropriate to carry out this Article.
26 ARTICLE 10. AMENDATORY PROVISIONS
27 Section 10-5. The Department of Commerce and Community
28 Affairs Law of the Civil Administrative Code of Illinois is
29 amended by changing Sections 605-800 and 605-805 and
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1 renumbering and changing Section 46.75 (as added by Public
2 Act 91-34) as follows:
3 (20 ILCS 605/605-420) (was 20 ILCS 605/46.75)
4 Sec. 605-420. 46.75. Federal Workforce Development Fund.
5 (a) The Department may accept gifts, grants, awards,
6 matching contributions, interest income, appropriations, and
7 cost sharings from individuals, businesses, governments, and
8 other third-party sources, on terms that the Director deems
9 advisable, for any or all of the following purposes:
10 (1) to assist recipients, including recipients
11 under the Temporary Assistance to Needy Families (TANF)
12 program, to obtain and retain employment and become
13 economically self-sufficient;
14 (2) to assist economically disadvantaged and other
15 youth to make a successful transition from school to
16 work; and
17 (3) to assist other individuals targeted for
18 services through education, training, and workforce
19 development programs to obtain employment-related skills
20 and obtain employment.
21 (b) The Federal Workforce Development Fund is created as
22 a special fund in the State Treasury. On September 1, 2000,
23 or as soon thereafter as may be reasonably practicable, the
24 State Comptroller shall transfer from the Federal Workforce
25 Development Fund into the Title III Social Security and
26 Employment Fund all moneys that were received for the
27 purposes of Section 403(a)(5) of the federal Social Security
28 Act and remain unobligated on that date. Beginning on the
29 effective date of this amendatory Act of the 91st General
30 Assembly, and all moneys received under this Section for the
31 purposes of Section 403(a)(5) of the federal Social Security
32 Act, except moneys that may be necessary to pay liabilities
33 outstanding as of June 30, 2000, shall be deposited into the
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1 Title III Social Security and Employment that Fund, and all
2 other moneys received under this Section shall be deposited
3 into the Federal Workforce Development Fund.
4 Moneys received under this Section in the Federal
5 Workforce Development Fund may be expended for purposes
6 consistent with the conditions under which those moneys are
7 received, subject to appropriations made by the General
8 Assembly for those purposes.
9 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.)
10 (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)
11 Sec. 605-800. Training grants for skills in critical
12 demand.
13 (a) Grants to provide training in fields affected by
14 critical demands for certain skills may be made as provided
15 in this Section.
16 (b) The Director may make grants to eligible employers
17 or to other eligible entities on behalf of employers as
18 authorized in subsection (c) to provide training for
19 employees in fields for which there are critical demands for
20 certain skills.
21 (c) The Director may accept applications for training
22 grant funds and grant requests from: (i) entities sponsoring
23 multi-company eligible employee training projects as defined
24 in subsection (d), including business associations, strategic
25 business partnerships, institutions of secondary or higher
26 education, large manufacturers for supplier network
27 companies, federal Job Training Partnership Act
28 administrative entities or grant recipients, and labor
29 organizations when those projects will address common
30 training needs identified by participating companies; and
31 (ii) individual employers that are undertaking eligible
32 employee training projects as defined in subsection (d),
33 including intermediaries and training agents.
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1 (d) The Director may make grants to eligible applicants
2 as defined in subsection (c) for employee training projects
3 that include, but need not be limited to, one or more of the
4 following:
5 (1) Training programs in response to new or
6 changing technology being introduced in the workplace.
7 (2) Job-linked training that offers special skills
8 for career advancement or that is preparatory for, and
9 leads directly to, jobs with definite career potential
10 and long-term job security.
11 (3) Training necessary to implement total quality
12 management or improvement or both management and
13 improvement systems within the workplace.
14 (4) Training related to new machinery or equipment.
15 (5) Training of employees of companies that are
16 expanding into new markets or expanding exports from
17 Illinois.
18 (6) Basic, remedial, or both basic and remedial
19 training of employees as a prerequisite for other
20 vocational or technical skills training or as a condition
21 for sustained employment.
22 (7) Self-employment training of the unemployed and
23 underemployed with comprehensive, competency-based
24 instructional programs and services, entrepreneurial
25 education and training initiatives for youth and adult
26 learners in cooperation with the Illinois Institute for
27 Entrepreneurial Education, training and education,
28 conferences, workshops, and best practice information for
29 local program operators of entrepreneurial education and
30 self-employment training programs.
31 (8) Other training activities or projects, or both
32 training activities and projects, related to the support,
33 development, or evaluation of job training programs,
34 activities, and delivery systems, including training
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1 needs assessment and design.
2 (e) Grants shall be made on the terms and conditions
3 that the Department shall determine. No grant made under
4 subsection (d), however, shall exceed 50% of the direct costs
5 of all approved training programs provided by the employer or
6 the employer's training agent or other entity as defined in
7 subsection (c). Under this Section, allowable costs include,
8 but are not limited to:
9 (1) Administrative costs of tracking, documenting,
10 reporting, and processing training funds or project
11 costs.
12 (2) Curriculum development.
13 (3) Wages and fringe benefits of employees.
14 (4) Training materials, including scrap product
15 costs.
16 (5) Trainee travel expenses.
17 (6) Instructor costs, including wages, fringe
18 benefits, tuition, and travel expenses.
19 (7) Rent, purchase, or lease of training equipment.
20 (8) Other usual and customary training costs.
21 (f) The Director will ensure that a minimum of one
22 on-site grant monitoring visit is conducted by the Department
23 either during the course of the grant period or within 6
24 months following the end of the grant period. The Department
25 shall verify that the grantee's financial management system
26 is structured to provide for accurate, current, and complete
27 disclosure of the financial results of the grant program in
28 accordance with all provisions, terms, and conditions
29 contained in the grant contract.
30 (g) The Director may establish and collect a schedule of
31 charges from subgrantee entities and other system users under
32 federal job-training programs for participating in and
33 utilizing the Department's automated job-training program
34 information systems if the systems and the necessary
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1 participation and utilization are requirements of the federal
2 job-training programs. All monies collected pursuant to this
3 subsection shall be deposited into the Title III Social
4 Security and Employment Fund, except that any moneys that may
5 be necessary to pay liabilities outstanding as of June 30,
6 2000 shall be deposited into the Federal Job-Training
7 Information Systems Revolving Fund created in Section 35-805.
8 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00;
9 91-476, eff. 8-11-99; revised 10-20-99.)
10 (20 ILCS 605/605-805) (was 20 ILCS 605/46.19a in part)
11 Sec. 605-805. Federal Job-Training Information Systems
12 Revolving Fund. There is hereby created a special fund in
13 the State treasury to be known as the Federal Job-Training
14 Information Systems Revolving Fund. On September 1, 2000, or
15 as soon thereafter as may be reasonably practicable, the
16 State Comptroller shall transfer all unobligated funds from
17 the Federal Job-Training Information Systems Revolving Fund
18 into the Title III Social Security and Employment Fund.
19 Moneys collected The deposit of monies into this fund shall
20 be limited to the collection of charges pursuant to
21 subsection (g) of Section 605-800. The monies in the fund
22 may be used, subject to appropriation by the General
23 Assembly, only for the purpose of financing the maintenance
24 and operation of the automated Federal Job-Training
25 Information Systems described in that pursuant to subsection
26 (g) of Section 605-800.
27 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)
28 Section 10-10. The Illinois Building Commission Act is
29 amended by changing Section 45 as follows:
30 (20 ILCS 3918/45)
31 Sec. 45. Assistance of the Capital Development Board
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1 Department of Public Health. The Capital Development Board
2 Department of Public Health shall assist the Commission in
3 carrying out its functions and responsibilities by providing
4 administrative and staff support. The Commission shall
5 advise the Board Department of its budgetary and staff needs.
6 (Source: P.A. 90-269, eff. 1-1-98.)
7 Section 10-15. The State Finance Act is amended by
8 changing Sections 6z-43, 8g, and 13.3 as follows:
9 (30 ILCS 105/6z-43)
10 Sec. 6z-43. Tobacco Settlement Recovery Fund.
11 (a) There is created in the State Treasury a special
12 fund to be known as the Tobacco Settlement Recovery Fund,
13 into which shall be deposited all monies paid to the State
14 pursuant to (1) the Master Settlement Agreement entered in
15 the case of People of the State of Illinois v. Philip Morris,
16 et al. (Circuit Court of Cook County, No. 96-L13146) and (2)
17 any settlement with or judgment against any tobacco product
18 manufacturer other than one participating in the Master
19 Settlement Agreement in satisfaction of any released claim as
20 defined in the Master Settlement Agreement, as well as any
21 other monies as provided by law. All earnings on Fund
22 investments shall be deposited into the Fund. Upon the
23 creation of the Fund, the State Comptroller shall order the
24 State Treasurer to transfer into the Fund any monies paid to
25 the State as described in item (1) or (2) of this Section
26 before the creation of the Fund plus any interest earned on
27 the investment of those monies.
28 (b) As soon as may be practical after June 30, 2001, the
29 State Comptroller shall direct and the State Treasurer shall
30 transfer the unencumbered balance in the Tobacco Settlement
31 Recovery Fund as of June 30, 2001 into the Budget
32 Stabilization Fund. The Treasurer may invest the moneys in
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1 the Budget Stabilization Fund in the same manner, in the same
2 types of investments, and subject to the same limitations
3 provided in the Illinois Pension Code for the investment of
4 pension funds other than those established under Article 3 or
5 4 of the Code.
6 (Source: P.A. 91-646, eff. 11-19-99.)
7 (30 ILCS 105/8g)
8 Sec. 8g. Transfers from General Revenue Fund.
9 (a) In addition to any other transfers that may be
10 provided for by law, as soon as may be practical after the
11 effective date of this amendatory Act of the 91st General
12 Assembly, the State Comptroller shall direct and the State
13 Treasurer shall transfer the sum of $10,000,000 from the
14 General Revenue Fund to the Motor Vehicle License Plate Fund
15 created by Senate Bill 1028 of the 91st General Assembly.
16 (b) In addition to any other transfers that may be
17 provided for by law, as soon as may be practical after the
18 effective date of this amendatory Act of the 91st General
19 Assembly, the State Comptroller shall direct and the State
20 Treasurer shall transfer the sum of $25,000,000 from the
21 General Revenue Fund to the Fund for Illinois' Future created
22 by Senate Bill 1066 of the 91st General Assembly.
23 (c) In addition to any other transfers that may be
24 provided for by law, on August 30 of each fiscal year's
25 license period, the Illinois Liquor Control Commission shall
26 direct and the State Comptroller and State Treasurer shall
27 transfer from the General Revenue Fund to the Youth
28 Alcoholism and Substance Abuse Prevention Fund an amount
29 equal to the number of retail liquor licenses issued for that
30 fiscal year multiplied by $50.
31 (d) The payments to programs required under subsection
32 (d) of Section 28.1 of the Horse Racing Act of 1975 shall be
33 made, pursuant to appropriation, from the special funds
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1 referred to in the statutes cited in that subsection, rather
2 than directly from the General Revenue Fund.
3 Beginning January 1, 2000, on the first day of each
4 month, or as soon as may be practical thereafter, the State
5 Comptroller shall direct and the State Treasurer shall
6 transfer from the General Revenue Fund to each of the special
7 funds from which payments are to be made under Section
8 28.1(d) of the Horse Racing Act of 1975 an amount equal to
9 1/12 of the annual amount required for those payments from
10 that special fund, which annual amount shall not exceed the
11 annual amount for those payments from that special fund for
12 the calendar year 1998. The special funds to which transfers
13 shall be made under this subsection (d) include, but are not
14 necessarily limited to, the Agricultural Premium Fund; the
15 Metropolitan Exposition Auditorium and Office Building Fund;
16 the Fair and Exposition Fund; the Standardbred Breeders Fund;
17 the Thoroughbred Breeders Fund; and the Illinois Veterans'
18 Rehabilitation Fund.
19 (e) In addition to any other transfers that may be
20 provided for by law, as soon as may be practical after the
21 effective date of this amendatory Act of the 91st General
22 Assembly, but in no event later than June 30, 2000, the State
23 Comptroller shall direct and the State Treasurer shall
24 transfer the sum of $15,000,000 from the General Revenue Fund
25 to the Fund for Illinois' Future.
26 (f) In addition to any other transfers that may be
27 provided for by law, as soon as may be practical after the
28 effective date of this amendatory Act of the 91st General
29 Assembly, but in no event later than June 30, 2000, the State
30 Comptroller shall direct and the State Treasurer shall
31 transfer the sum of $70,000,000 from the General Revenue Fund
32 to the Long-Term Care Provider Fund.
33 (Source: P.A. 91-25, eff. 6-9-99.)
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1 (30 ILCS 105/13.3) (from Ch. 127, par. 149.3)
2 Sec. 13.3. Petty cash funds; purchasing cards.
3 (a) Any State agency may establish and maintain petty
4 cash funds for the purpose of making change, purchasing items
5 of small cost, payment of postage due, and for other nominal
6 expenditures which cannot be administered economically and
7 efficiently through customary procurement practices.
8 Petty cash funds may be established and maintained from
9 moneys which are appropriated to the agency for Contractual
10 Services. In the case of an agency which receives a single
11 appropriation for its ordinary and contingent expenses, the
12 agency may establish a petty cash fund from the appropriated
13 funds.
14 Before the establishment of any petty cash fund, the
15 agency shall submit to the State Comptroller a survey of the
16 need for the fund. The survey shall also establish that
17 sufficient internal accounting controls exist. The
18 Comptroller shall investigate such need and if he determines
19 that it exists and that adequate accounting controls exist,
20 shall approve the establishment of the fund. The Comptroller
21 shall have the power to revoke any approval previously made
22 under this Section.
23 Petty cash funds established under this Section shall be
24 operated and maintained on the imprest system and no fund
25 shall exceed $1,000, except that the Secretary of State may
26 maintain a fund of not exceeding $2,000 for each Chicago
27 Motor Vehicle Facility, each Springfield Public Service
28 Facility, and the Motor Vehicle Facilities in Champaign,
29 Decatur, Marion, Naperville, Peoria, Rockford, Granite City,
30 Quincy, and Carbondale, to be used solely for the purpose of
31 making change. Except for purchases made by procurement card
32 as provided in subsection (b) of this Section, single
33 transactions shall be limited to amounts less than $50, and
34 all transactions occurring in the fund shall be reported and
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1 accounted for as may be provided in the uniform accounting
2 system developed by the State Comptroller and the rules and
3 regulations implementing that accounting system. All amounts
4 in any such fund of less than $1,000 but over $100 shall be
5 kept in a checking account in a bank, or savings and loan
6 association or trust company which is insured by the United
7 States government or any agency of the United States
8 government, except that in funds maintained in Chicago Motor
9 Vehicle Facilities, each Springfield Public Service Facility,
10 and the Motor Vehicle Facilities in Champaign, Decatur,
11 Marion, Naperville, Peoria, Rockford, Granite City, Quincy,
12 and Carbondale, all amounts in the fund may be retained on
13 the premises of such facilities.
14 No bank or savings and loan association shall receive
15 public funds as permitted by this Section, unless it has
16 complied with the requirements established pursuant to
17 Section 6 of "An Act relating to certain investments of
18 public funds by public agencies", approved July 23, 1943, as
19 now or hereafter amended.
20 An internal audit shall be performed of any petty cash
21 fund which receives reimbursements of more than $5,000 in a
22 fiscal year.
23 Upon succession in the custodianship of any petty cash
24 fund, both the former and successor custodians shall sign a
25 statement, in triplicate, showing the exact status of the
26 fund at the time of the transfer. The original copy shall be
27 kept on file in the office wherein the fund exists, and each
28 signer shall be entitled to retain one copy.
29 (b) The Comptroller may provide by rule for the use of
30 purchasing cards by State agencies to pay for purchases that
31 otherwise may be paid out of the agency's petty cash fund.
32 Any rule adopted hereunder shall impose a single transaction
33 limit, which shall not be greater than $500.
34 The rules of the Comptroller may include but shall not be
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1 limited to:
2 (1) standards for the issuance of purchasing cards
3 to State agencies based upon the best interests of the
4 State;
5 (2) procedures for recording purchasing card
6 transactions within the State accounting system, which
7 may provide for summary reporting;
8 (3) procedures for auditing purchasing card
9 transactions on a post-payment basis;
10 (4) standards for awarding contracts with a
11 purchasing card vendor to acquire purchasing cards for
12 use by State agencies; and
13 (5) procedures for the Comptroller to charge
14 against State agency appropriations for payment of
15 purchasing card expenditures without the use of the
16 voucher and warrant system.
17 (c) As used in this Section, "State agency" means any
18 department, officer, authority, public corporation,
19 quasi-public corporation, commission, board, institution,
20 State college or university, or other public agency created
21 by the State, other than units of local government and school
22 districts.
23 (Source: P.A. 90-33, eff. 6-27-97.)
24 Section 10-18. The Illinois Income Tax Act is amended by
25 changing Section 901 as follows:
26 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
27 Sec. 901. Collection Authority.
28 (a) In general.
29 The Department shall collect the taxes imposed by this
30 Act. The Department shall collect certified past due child
31 support amounts under Section 2505-650 of the Department of
32 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
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1 subsections (c) and (e) of this Section, money collected
2 pursuant to subsections (a) and (b) of Section 201 of this
3 Act shall be paid into the General Revenue Fund in the State
4 treasury; money collected pursuant to subsections (c) and (d)
5 of Section 201 of this Act shall be paid into the Personal
6 Property Tax Replacement Fund, a special fund in the State
7 Treasury; and money collected under Section 2505-650 of the
8 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
9 paid to the State Disbursement Unit established under Section
10 10-26 of the Illinois Public Aid Code.
11 (b) Local Governmental Distributive Fund.
12 Beginning August 1, 1969, and continuing through June 30,
13 1994, the Treasurer shall transfer each month from the
14 General Revenue Fund to a special fund in the State treasury,
15 to be known as the "Local Government Distributive Fund", an
16 amount equal to 1/12 of the net revenue realized from the tax
17 imposed by subsections (a) and (b) of Section 201 of this Act
18 during the preceding month. Beginning July 1, 1994, and
19 continuing through June 30, 1995, the Treasurer shall
20 transfer each month from the General Revenue Fund to the
21 Local Government Distributive Fund an amount equal to 1/11 of
22 the net revenue realized from the tax imposed by subsections
23 (a) and (b) of Section 201 of this Act during the preceding
24 month. Beginning July 1, 1995, the Treasurer shall transfer
25 each month from the General Revenue Fund to the Local
26 Government Distributive Fund an amount equal to 1/10 of the
27 net revenue realized from the tax imposed by subsections (a)
28 and (b) of Section 201 of the Illinois Income Tax Act during
29 the preceding month. Net revenue realized for a month shall
30 be defined as the revenue from the tax imposed by subsections
31 (a) and (b) of Section 201 of this Act which is deposited in
32 the General Revenue Fund, the Educational Assistance Fund and
33 the Income Tax Surcharge Local Government Distributive Fund
34 during the month minus the amount paid out of the General
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1 Revenue Fund in State warrants during that same month as
2 refunds to taxpayers for overpayment of liability under the
3 tax imposed by subsections (a) and (b) of Section 201 of this
4 Act.
5 (c) Deposits Into Income Tax Refund Fund.
6 (1) Beginning on January 1, 1989 and thereafter,
7 the Department shall deposit a percentage of the amounts
8 collected pursuant to subsections (a) and (b)(1), (2),
9 and (3), of Section 201 of this Act into a fund in the
10 State treasury known as the Income Tax Refund Fund. The
11 Department shall deposit 6% of such amounts during the
12 period beginning January 1, 1989 and ending on June 30,
13 1989. Beginning with State fiscal year 1990 and for each
14 fiscal year thereafter, the percentage deposited into the
15 Income Tax Refund Fund during a fiscal year shall be the
16 Annual Percentage. For fiscal years 1999 through 2001,
17 the Annual Percentage shall be 7.1%. For all other
18 fiscal years, the Annual Percentage shall be calculated
19 as a fraction, the numerator of which shall be the amount
20 of refunds approved for payment by the Department during
21 the preceding fiscal year as a result of overpayment of
22 tax liability under subsections (a) and (b)(1), (2), and
23 (3) of Section 201 of this Act plus the amount of such
24 refunds remaining approved but unpaid at the end of the
25 preceding fiscal year, the denominator of which shall be
26 the amounts which will be collected pursuant to
27 subsections (a) and (b)(1), (2), and (3) of Section 201
28 of this Act during the preceding fiscal year. The
29 Director of Revenue shall certify the Annual Percentage
30 to the Comptroller on the last business day of the fiscal
31 year immediately preceding the fiscal year for which it
32 is to be effective.
33 (2) Beginning on January 1, 1989 and thereafter,
34 the Department shall deposit a percentage of the amounts
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1 collected pursuant to subsections (a) and (b)(6), (7),
2 and (8), (c) and (d) of Section 201 of this Act into a
3 fund in the State treasury known as the Income Tax Refund
4 Fund. The Department shall deposit 18% of such amounts
5 during the period beginning January 1, 1989 and ending on
6 June 30, 1989. Beginning with State fiscal year 1990 and
7 for each fiscal year thereafter, the percentage deposited
8 into the Income Tax Refund Fund during a fiscal year
9 shall be the Annual Percentage. For fiscal years 1999,
10 2000, and 2001, the Annual Percentage shall be 19%. For
11 all other fiscal years, the Annual Percentage shall be
12 calculated as a fraction, the numerator of which shall be
13 the amount of refunds approved for payment by the
14 Department during the preceding fiscal year as a result
15 of overpayment of tax liability under subsections (a) and
16 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
17 Act plus the amount of such refunds remaining approved
18 but unpaid at the end of the preceding fiscal year, the
19 denominator of which shall be the amounts which will be
20 collected pursuant to subsections (a) and (b)(6), (7),
21 and (8), (c) and (d) of Section 201 of this Act during
22 the preceding fiscal year. The Director of Revenue shall
23 certify the Annual Percentage to the Comptroller on the
24 last business day of the fiscal year immediately
25 preceding the fiscal year for which it is to be
26 effective.
27 (d) Expenditures from Income Tax Refund Fund.
28 (1) Beginning January 1, 1989, money in the Income
29 Tax Refund Fund shall be expended exclusively for the
30 purpose of paying refunds resulting from overpayment of
31 tax liability under Section 201 of this Act, for paying
32 rebates under Section 208.1 in the event that the amounts
33 in the Homeowners' Tax Relief Fund are insufficient for
34 that purpose, and for making transfers pursuant to this
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1 subsection (d).
2 (2) The Director shall order payment of refunds
3 resulting from overpayment of tax liability under Section
4 201 of this Act from the Income Tax Refund Fund only to
5 the extent that amounts collected pursuant to Section 201
6 of this Act and transfers pursuant to this subsection (d)
7 have been deposited and retained in the Fund.
8 (3) As soon as possible after the end of each
9 fiscal year, the Director shall order transferred and the
10 State Treasurer and State Comptroller shall transfer from
11 the Income Tax Refund Fund to the Personal Property Tax
12 Replacement Fund an amount, certified by the Director to
13 the Comptroller, equal to the excess of the amount
14 collected pursuant to subsections (c) and (d) of Section
15 201 of this Act deposited into the Income Tax Refund Fund
16 during the fiscal year over the amount of refunds
17 resulting from overpayment of tax liability under
18 subsections (c) and (d) of Section 201 of this Act paid
19 from the Income Tax Refund Fund during the fiscal year.
20 (4) As soon as possible after the end of each
21 fiscal year, the Director shall order transferred and the
22 State Treasurer and State Comptroller shall transfer from
23 the Personal Property Tax Replacement Fund to the Income
24 Tax Refund Fund an amount, certified by the Director to
25 the Comptroller, equal to the excess of the amount of
26 refunds resulting from overpayment of tax liability under
27 subsections (c) and (d) of Section 201 of this Act paid
28 from the Income Tax Refund Fund during the fiscal year
29 over the amount collected pursuant to subsections (c) and
30 (d) of Section 201 of this Act deposited into the Income
31 Tax Refund Fund during the fiscal year.
32 (4.5) As soon as possible after the end of fiscal
33 year 1999 and of each fiscal year thereafter, the
34 Director shall order transferred and the State Treasurer
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1 and State Comptroller shall transfer from the Income Tax
2 Refund Fund to the General Revenue Fund any surplus
3 remaining in the Income Tax Refund Fund as of the end of
4 such fiscal year.
5 (5) This Act shall constitute an irrevocable and
6 continuing appropriation from the Income Tax Refund Fund
7 for the purpose of paying refunds upon the order of the
8 Director in accordance with the provisions of this
9 Section.
10 (e) Deposits into the Education Assistance Fund and the
11 Income Tax Surcharge Local Government Distributive Fund.
12 On July 1, 1991, and thereafter, of the amounts collected
13 pursuant to subsections (a) and (b) of Section 201 of this
14 Act, minus deposits into the Income Tax Refund Fund, the
15 Department shall deposit 7.3% into the Education Assistance
16 Fund in the State Treasury. Beginning July 1, 1991, and
17 continuing through January 31, 1993, of the amounts collected
18 pursuant to subsections (a) and (b) of Section 201 of the
19 Illinois Income Tax Act, minus deposits into the Income Tax
20 Refund Fund, the Department shall deposit 3.0% into the
21 Income Tax Surcharge Local Government Distributive Fund in
22 the State Treasury. Beginning February 1, 1993 and
23 continuing through June 30, 1993, of the amounts collected
24 pursuant to subsections (a) and (b) of Section 201 of the
25 Illinois Income Tax Act, minus deposits into the Income Tax
26 Refund Fund, the Department shall deposit 4.4% into the
27 Income Tax Surcharge Local Government Distributive Fund in
28 the State Treasury. Beginning July 1, 1993, and continuing
29 through June 30, 1994, of the amounts collected under
30 subsections (a) and (b) of Section 201 of this Act, minus
31 deposits into the Income Tax Refund Fund, the Department
32 shall deposit 1.475% into the Income Tax Surcharge Local
33 Government Distributive Fund in the State Treasury.
34 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
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1 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
2 Section 10-20. The Motor Fuel Tax Law is amended by
3 changing Section 8 as follows:
4 (35 ILCS 505/8) (from Ch. 120, par. 424)
5 Sec. 8. Except as provided in Sections 8a and 13a.6 and
6 items 13, 14, 15, and 16 of Section 15, all money received by
7 the Department under this Act, including payments made to the
8 Department by member jurisdictions participating in the
9 International Fuel Tax Agreement, shall be deposited in a
10 special fund in the State treasury, to be known as the "Motor
11 Fuel Tax Fund", and shall be used as follows:
12 (a) 2 1/2 cents per gallon of the tax collected on
13 special fuel under paragraph (b) of Section 2 and Section 13a
14 of this Act shall be transferred to the State Construction
15 Account Fund in the State Treasury;
16 (b) $420,000 shall be transferred each month to the
17 State Boating Act Fund to be used by the Department of
18 Natural Resources for the purposes specified in Article X of
19 the Boat Registration and Safety Act;
20 (c) $2,250,000 shall be transferred each month to the
21 Grade Crossing Protection Fund to be used as follows: not
22 less than $6,000,000 each fiscal year shall be used for the
23 construction or reconstruction of rail highway grade
24 separation structures; beginning with fiscal year 1997 and
25 ending in fiscal year 2000 2003, $1,500,000, beginning with
26 fiscal year 2001 and ending in fiscal year 2003, $2,250,000,
27 and $750,000 in fiscal year 2004 and each fiscal year
28 thereafter shall be transferred to the Transportation
29 Regulatory Fund and shall be accounted for as part of the
30 rail carrier portion of such funds and shall be used to pay
31 the cost of administration of the Illinois Commerce
32 Commission's railroad safety program in connection with its
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1 duties under subsection (3) of Section 18c-7401 of the
2 Illinois Vehicle Code, with the remainder to be used by the
3 Department of Transportation upon order of the Illinois
4 Commerce Commission, to pay that part of the cost apportioned
5 by such Commission to the State to cover the interest of the
6 public in the use of highways, roads or streets in the county
7 highway system, township and district road system or
8 municipal street system as defined in the Illinois Highway
9 Code, as the same may from time to time be amended, for
10 separation of grades, for installation, construction or
11 reconstruction of crossing protection or reconstruction,
12 alteration, relocation including construction or improvement
13 of any existing highway necessary for access to property or
14 improvement of any grade crossing including the necessary
15 highway approaches thereto of any railroad across the highway
16 or public road, as provided for in and in accordance with
17 Section 18c-7401 of the Illinois Vehicle Code. In entering
18 orders for projects for which payments from the Grade
19 Crossing Protection Fund will be made, the Commission shall
20 account for expenditures authorized by the orders on a cash
21 rather than an accrual basis. For purposes of this
22 requirement an "accrual basis" assumes that the total cost of
23 the project is expended in the fiscal year in which the order
24 is entered, while a "cash basis" allocates the cost of the
25 project among fiscal years as expenditures are actually made.
26 To meet the requirements of this subsection, the Illinois
27 Commerce Commission shall develop annual and 5-year project
28 plans of rail crossing capital improvements that will be paid
29 for with moneys from the Grade Crossing Protection Fund. The
30 annual project plan shall identify projects for the
31 succeeding fiscal year and the 5-year project plan shall
32 identify projects for the 5 directly succeeding fiscal years.
33 The Commission shall submit the annual and 5-year project
34 plans for this Fund to the Governor, the President of the
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1 Senate, the Senate Minority Leader, the Speaker of the House
2 of Representatives, and the Minority Leader of the House of
3 Representatives on the first Wednesday in April of each year;
4 (d) of the amount remaining after allocations provided
5 for in subsections (a), (b) and (c), a sufficient amount
6 shall be reserved to pay all of the following:
7 (1) the costs of the Department of Revenue in
8 administering this Act;
9 (2) the costs of the Department of Transportation
10 in performing its duties imposed by the Illinois Highway
11 Code for supervising the use of motor fuel tax funds
12 apportioned to municipalities, counties and road
13 districts;
14 (3) refunds provided for in Section 13 of this Act
15 and under the terms of the International Fuel Tax
16 Agreement referenced in Section 14a;
17 (4) from October 1, 1985 until June 30, 1994, the
18 administration of the Vehicle Emissions Inspection Law,
19 which amount shall be certified monthly by the
20 Environmental Protection Agency to the State Comptroller
21 and shall promptly be transferred by the State
22 Comptroller and Treasurer from the Motor Fuel Tax Fund to
23 the Vehicle Inspection Fund, and for the period beginning
24 July 1, 1994 through June 30, and until December 31,
25 2000, one-twelfth of $25,000,000 each month, and for the
26 period July 1, 2000 through June 30, 2006, one-twelfth of
27 $30,000,000 each month, for the administration of the
28 Vehicle Emissions Inspection Law of 1995, to be
29 transferred by the State Comptroller and Treasurer from
30 the Motor Fuel Tax Fund into the Vehicle Inspection Fund;
31 (5) amounts ordered paid by the Court of Claims;
32 and
33 (6) payment of motor fuel use taxes due to member
34 jurisdictions under the terms of the International Fuel
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1 Tax Agreement. The Department shall certify these
2 amounts to the Comptroller by the 15th day of each month;
3 the Comptroller shall cause orders to be drawn for such
4 amounts, and the Treasurer shall administer those amounts
5 on or before the last day of each month;
6 (e) after allocations for the purposes set forth in
7 subsections (a), (b), (c) and (d), the remaining amount shall
8 be apportioned as follows:
9 (1) Until January 1, 2000, 58.4%, and beginning
10 January 1, 2000, 45.6% shall be deposited as follows:
11 (A) 37% into the State Construction Account
12 Fund, and
13 (B) 63% into the Road Fund, $1,250,000 of
14 which shall be reserved each month for the
15 Department of Transportation to be used in
16 accordance with the provisions of Sections 6-901
17 through 6-906 of the Illinois Highway Code;
18 (2) Until January 1, 2000, 41.6%, and beginning
19 January 1, 2000, 54.4% shall be transferred to the
20 Department of Transportation to be distributed as
21 follows:
22 (A) 49.10% to the municipalities of the State,
23 (B) 16.74% to the counties of the State having
24 1,000,000 or more inhabitants,
25 (C) 18.27% to the counties of the State having
26 less than 1,000,000 inhabitants,
27 (D) 15.89% to the road districts of the State.
28 As soon as may be after the first day of each month the
29 Department of Transportation shall allot to each municipality
30 its share of the amount apportioned to the several
31 municipalities which shall be in proportion to the population
32 of such municipalities as determined by the last preceding
33 municipal census if conducted by the Federal Government or
34 Federal census. If territory is annexed to any municipality
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1 subsequent to the time of the last preceding census the
2 corporate authorities of such municipality may cause a census
3 to be taken of such annexed territory and the population so
4 ascertained for such territory shall be added to the
5 population of the municipality as determined by the last
6 preceding census for the purpose of determining the allotment
7 for that municipality. If the population of any municipality
8 was not determined by the last Federal census preceding any
9 apportionment, the apportionment to such municipality shall
10 be in accordance with any census taken by such municipality.
11 Any municipal census used in accordance with this Section
12 shall be certified to the Department of Transportation by the
13 clerk of such municipality, and the accuracy thereof shall be
14 subject to approval of the Department which may make such
15 corrections as it ascertains to be necessary.
16 As soon as may be after the first day of each month the
17 Department of Transportation shall allot to each county its
18 share of the amount apportioned to the several counties of
19 the State as herein provided. Each allotment to the several
20 counties having less than 1,000,000 inhabitants shall be in
21 proportion to the amount of motor vehicle license fees
22 received from the residents of such counties, respectively,
23 during the preceding calendar year. The Secretary of State
24 shall, on or before April 15 of each year, transmit to the
25 Department of Transportation a full and complete report
26 showing the amount of motor vehicle license fees received
27 from the residents of each county, respectively, during the
28 preceding calendar year. The Department of Transportation
29 shall, each month, use for allotment purposes the last such
30 report received from the Secretary of State.
31 As soon as may be after the first day of each month, the
32 Department of Transportation shall allot to the several
33 counties their share of the amount apportioned for the use of
34 road districts. The allotment shall be apportioned among the
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1 several counties in the State in the proportion which the
2 total mileage of township or district roads in the respective
3 counties bears to the total mileage of all township and
4 district roads in the State. Funds allotted to the respective
5 counties for the use of road districts therein shall be
6 allocated to the several road districts in the county in the
7 proportion which the total mileage of such township or
8 district roads in the respective road districts bears to the
9 total mileage of all such township or district roads in the
10 county. After July 1 of any year, no allocation shall be
11 made for any road district unless it levied a tax for road
12 and bridge purposes in an amount which will require the
13 extension of such tax against the taxable property in any
14 such road district at a rate of not less than either .08% of
15 the value thereof, based upon the assessment for the year
16 immediately prior to the year in which such tax was levied
17 and as equalized by the Department of Revenue or, in DuPage
18 County, an amount equal to or greater than $12,000 per mile
19 of road under the jurisdiction of the road district,
20 whichever is less. If any road district has levied a special
21 tax for road purposes pursuant to Sections 6-601, 6-602 and
22 6-603 of the Illinois Highway Code, and such tax was levied
23 in an amount which would require extension at a rate of not
24 less than .08% of the value of the taxable property thereof,
25 as equalized or assessed by the Department of Revenue, or, in
26 DuPage County, an amount equal to or greater than $12,000 per
27 mile of road under the jurisdiction of the road district,
28 whichever is less, such levy shall, however, be deemed a
29 proper compliance with this Section and shall qualify such
30 road district for an allotment under this Section. If a
31 township has transferred to the road and bridge fund money
32 which, when added to the amount of any tax levy of the road
33 district would be the equivalent of a tax levy requiring
34 extension at a rate of at least .08%, or, in DuPage County,
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1 an amount equal to or greater than $12,000 per mile of road
2 under the jurisdiction of the road district, whichever is
3 less, such transfer, together with any such tax levy, shall
4 be deemed a proper compliance with this Section and shall
5 qualify the road district for an allotment under this
6 Section.
7 In counties in which a property tax extension limitation
8 is imposed under the Property Tax Extension Limitation Law,
9 road districts may retain their entitlement to a motor fuel
10 tax allotment if, at the time the property tax extension
11 limitation was imposed, the road district was levying a road
12 and bridge tax at a rate sufficient to entitle it to a motor
13 fuel tax allotment and continues to levy the maximum
14 allowable amount after the imposition of the property tax
15 extension limitation. Any road district may in all
16 circumstances retain its entitlement to a motor fuel tax
17 allotment if it levied a road and bridge tax in an amount
18 that will require the extension of the tax against the
19 taxable property in the road district at a rate of not less
20 than 0.08% of the assessed value of the property, based upon
21 the assessment for the year immediately preceding the year in
22 which the tax was levied and as equalized by the Department
23 of Revenue or, in DuPage County, an amount equal to or
24 greater than $12,000 per mile of road under the jurisdiction
25 of the road district, whichever is less.
26 As used in this Section the term "road district" means
27 any road district, including a county unit road district,
28 provided for by the Illinois Highway Code; and the term
29 "township or district road" means any road in the township
30 and district road system as defined in the Illinois Highway
31 Code. For the purposes of this Section, "road district" also
32 includes park districts, forest preserve districts and
33 conservation districts organized under Illinois law and
34 "township or district road" also includes such roads as are
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1 maintained by park districts, forest preserve districts and
2 conservation districts. The Department of Transportation
3 shall determine the mileage of all township and district
4 roads for the purposes of making allotments and allocations
5 of motor fuel tax funds for use in road districts.
6 Payment of motor fuel tax moneys to municipalities and
7 counties shall be made as soon as possible after the
8 allotment is made. The treasurer of the municipality or
9 county may invest these funds until their use is required and
10 the interest earned by these investments shall be limited to
11 the same uses as the principal funds.
12 (Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98;
13 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
14 91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff.
15 7-29-99; revised 8-23-99.)
16 Section 10-25. The Counties Code is amended by changing
17 Sections 4-2001 and 4-3001 as follows:
18 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
19 Sec. 4-2001. State's attorney salaries.
20 (a) There shall be allowed to the several state's
21 attorneys in this State, except the state's attorney of Cook
22 County, the following annual salary:
23 (1) Subject to paragraph (5), to each state's
24 attorney in counties containing less than 10,000
25 inhabitants, $40,500 until December 31, 1988, $45,500
26 until June 30, 1994, and $55,500 thereafter or as set by
27 the Compensation Review Board, whichever is greater.
28 (2) Subject to paragraph (5), to each state's
29 attorney in counties containing 10,000 or more
30 inhabitants but less than 20,000 inhabitants, $46,500
31 until December 31, 1988, $61,500 until June 30, 1994, and
32 $71,500 thereafter or as set by the Compensation Review
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1 Board, whichever is greater.
2 (3) Subject to paragraph (5), to each state's
3 attorney in counties containing 20,000 or more but less
4 than 30,000 inhabitants, $51,000 until December 31, 1988,
5 $65,000 until June 30, 1994, and $75,000 thereafter or as
6 set by the Compensation Review Board, whichever is
7 greater.
8 (4) To each state's attorney in counties of 30,000
9 or more inhabitants, $65,500 until December 31, 1988,
10 $80,000 until June 30, 1994, and $96,837 thereafter or as
11 set by the Compensation Review Board, whichever is
12 greater.
13 (5) Effective December 1, 2000, to each state's
14 attorney in counties containing fewer than 30,000
15 inhabitants, the same salary plus any cost of living
16 adjustments as authorized by the Compensation Review
17 Board to take effect after January 1, 1999, for state's
18 attorneys in counties containing 20,000 or more but fewer
19 than 30,000 inhabitants, or as set by the Compensation
20 Review Board whichever is greater.
21 The State shall furnish 66 2/3% of the total annual
22 compensation to be paid to each state's attorney in Illinois
23 based on the salary in effect on December 31, 1988, and 100%
24 of the increases in salary taking effect after December 31,
25 1988.
26 Said amounts furnished by the State shall be payable
27 monthly from the state treasury to the county in which each
28 state's attorney is elected.
29 Each county shall be required to furnish 33 1/3% of the
30 total annual compensation to be paid to each state's attorney
31 in Illinois based on the salary in effect on December 31,
32 1988.
33 (b) Effective December 1, 2000, no state's attorney may
34 engage in the private practice of law. However, until
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1 November 30, 2000, (i) the state's attorneys in counties
2 containing fewer than 10,000 inhabitants may engage in the
3 practice of law, and (ii) in any county between 10,000 and
4 30,000 inhabitants or in any county containing 30,000 or more
5 inhabitants which reached that population between 1970 and
6 December 31, 1981, the state's attorney may declare his or
7 her intention to engage in the private practice of law, and
8 may do so through no later than November 30, 2000, by filing
9 a written declaration of intent to engage in the private
10 practice of law with the county clerk. The declaration of
11 intention shall be irrevocable during the remainder of the
12 term of office. The declaration shall be filed with the
13 county clerk within 30 days of certification of election or
14 appointment, or within 60 days of March 15, 1989, whichever
15 is later. In that event the annual salary of such state's
16 attorney shall be as follows:
17 (1) In counties containing 10,000 or more
18 inhabitants but less than 20,000 inhabitants, $46,500
19 until December 31, 1988, $51,500 until June 30, 1994, and
20 $61,500 thereafter or as set by the Compensation Review
21 Board, whichever is greater. The State shall furnish
22 100% of the increases taking effect after December 31,
23 1988.
24 (2) In counties containing 20,000 or more
25 inhabitants but less than 30,000 inhabitants, and in
26 counties containing 30,000 or more inhabitants which
27 reached said population between 1970 and December 31,
28 1981, $51,500 until December 31, 1988, $56,000 until June
29 30, 1994, and $65,000 thereafter or as set by the
30 Compensation Review Board, whichever is greater. The
31 State shall furnish 100% of the increases taking effect
32 after December 31, 1988.
33 (c) In counties where a state mental health institution,
34 as hereinafter defined, is located, one assistant state's
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1 attorney shall receive for his services, payable monthly from
2 the state treasury to the county in which he is appointed,
3 the following:
4 (1) To each assistant state's attorney in counties
5 containing less than 10,000 inhabitants, the sum of
6 $2,500 per annum;
7 (2) To each assistant state's attorney in counties
8 containing not less than 10,000 inhabitants and not more
9 than 20,000 inhabitants, the sum of $3,500 per annum;
10 (3) To each assistant state's attorney in counties
11 containing not less than 20,000 inhabitants and not more
12 than 30,000 inhabitants, the sum of $4,000 per annum;
13 (4) To each assistant state's attorney in counties
14 containing not less than 30,000 inhabitants and not more
15 than 40,000 inhabitants, the sum of $4,500 per annum;
16 (5) To each assistant state's attorney in counties
17 containing not less than 40,000 inhabitants and not more
18 than 70,000 inhabitants, the sum of $5,000 per annum;
19 (6) To each assistant state's attorney in counties
20 containing not less than 70,000 inhabitants and not more
21 than 1,000,000 inhabitants, the sum of $6,000 per annum.
22 (d) The population of all counties for the purpose of
23 fixing salaries as herein provided shall be based upon the
24 last Federal census immediately previous to the appointment
25 of an assistant state's attorney in each county.
26 (e) At the request of the county governing authority, in
27 counties where one or more state correctional institutions,
28 as hereinafter defined, are located, one or more assistant
29 state's attorneys shall receive for their services, provided
30 that such services are performed in connection with the state
31 correctional institution, payable monthly from the state
32 treasury to the county in which they are appointed, the
33 following:
34 (1) $22,000 for each assistant state's attorney in
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1 counties with one or more State correctional institutions
2 with a total average daily inmate population in excess of
3 2,000, on the basis of 2 assistant state's attorneys when
4 the total average daily inmate population exceeds 2,000
5 but is less than 4,000; and 3 assistant state's attorneys
6 when such population exceeds 4,000; with reimbursement to
7 be based on actual services rendered.
8 (2) $15,000 per year for one assistant state's
9 attorney in counties having one or more correctional
10 institutions with a total average daily inmate population
11 of between 750 and 2,000 inmates, with reimbursement to
12 be based on actual services rendered.
13 (3) A maximum of $12,000 per year for one assistant
14 state's attorney in counties having less than 750
15 inmates, with reimbursement to be based on actual
16 services rendered.
17 Upon application of the county governing authority
18 and certification of the State's Attorney, the Director
19 of Corrections may, in his discretion and subject to
20 appropriation, increase the amount of salary
21 reimbursement to a county in the event special
22 circumstances require the county to incur extraordinary
23 salary expenditures as a result of services performed in
24 connection with State correctional institutions in that
25 county.
26 In determining whether or not to increase the amount of
27 salary reimbursement, the Director shall consider, among
28 other matters:
29 (1) the nature of the services rendered;
30 (2) the results or dispositions obtained;
31 (3) whether or not the county was required to
32 employ additional attorney personnel as a direct result
33 of the services actually rendered in connection with a
34 particular service to a State correctional institution.
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1 (f) In counties where a State senior institution of
2 higher education is located, the assistant state's attorneys
3 specified by this Section shall receive for their services,
4 payable monthly from the State treasury to the county in
5 which appointed, the following:
6 (1) $14,000 per year each for employment on a full
7 time basis for 2 assistant state's attorneys in counties
8 having a State university or State universities with
9 combined full time enrollment of more than 15,000
10 students.
11 (2) $7,200 per year for one assistant state's
12 attorney with no limitation on other practice in counties
13 having a State university or State universities with
14 combined full time enrollment of 10,000 to 15,000
15 students.
16 (3) $4,000 per year for one assistant state's
17 attorney with no limitation on other practice in counties
18 having a State university or State universities with
19 combined full time enrollment of less than 10,000
20 students.
21 Such salaries shall be paid to the state's attorney and
22 the assistant state's attorney in equal monthly installments
23 by such county out of the county treasury provided that the
24 State of Illinois shall reimburse each county monthly from
25 the state treasury the amount of such salary. This Section
26 shall not prevent the payment of such additional compensation
27 to the state's attorney or assistant state's attorney of any
28 county, out of the treasury of that county as may be provided
29 by law.
30 (g) For purposes of this Section, "State mental health
31 institution" means any institution under the jurisdiction of
32 the Department of Human Services that is listed in Section 4
33 of the Mental Health and Developmental Disabilities
34 Administrative Act.
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1 For purposes of this Section, "State correctional
2 institution" means any facility of the Department of
3 Corrections including adult facilities, juvenile facilities,
4 pre-release centers, community correction centers, and work
5 camps.
6 For purposes of this Section, "State university" means
7 the University of Illinois, Southern Illinois University,
8 Chicago State University, Eastern Illinois University,
9 Governors State University, Illinois State University,
10 Northeastern Illinois University, Northern Illinois
11 University, Western Illinois University, and any public
12 community college which has established a program of
13 interinstitutional cooperation with one of the foregoing
14 institutions whereby a student, after earning an associate
15 degree from the community college, pursues a course of study
16 at the community college campus leading to a baccalaureate
17 degree from the foregoing institution (also known as a "2
18 Plus 2" degree program).
19 (h) A number of assistant state's attorneys shall be
20 appointed in each county, that chooses to participate, as
21 provided in this subsection, for the prosecution of
22 alcohol-related traffic offenses. Each county shall receive
23 annually a subsidy for payment of the salaries and benefits
24 of these assistant state's attorneys from State funds
25 appropriated to the county for that purpose. The amounts of
26 subsidies provided by this subsection shall be adjusted for
27 inflation each July 1 using the Consumer Price Index of the
28 Bureau of Labor Statistics of the U.S. Department of Labor.
29 When a county chooses to participate in the subsidy
30 program described in this subsection (h), the number of
31 assistant state's attorneys who are prosecuting
32 alcohol-related traffic offenses must increase according to
33 the subsidy provided in this subsection. These appointed
34 assistant state's attorneys shall be in addition to any other
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1 assistant state's attorneys assigned to those cases on the
2 effective date of this amendatory Act of the 91st General
3 Assembly, and may not replace those assistant state's
4 attorneys. In counties where the state's attorney is the
5 sole prosecutor, this subsidy shall be used to provide an
6 assistant state's attorney to prosecute alcohol-related
7 traffic offenses along with the state's attorney. In
8 counties where the state's attorney is the sole prosecutor,
9 and in counties where a judge presides over cases involving a
10 variety of misdemeanors, including alcohol-related traffic
11 matters, assistant state's attorneys appointed and subsidized
12 by this subsection (h) may also prosecute the different
13 misdemeanor cases at the direction of the state's attorney.
14 Assistant state's attorneys shall be appointed under this
15 subsection in the following number and counties shall receive
16 the following annual subsidies:
17 (1) In counties with fewer than 30,000 inhabitants,
18 one at $35,000.
19 (2) In counties with 30,000 or more but fewer than
20 100,000 inhabitants, one at $45,000.
21 (3) In counties with 100,000 or more but fewer than
22 300,000 inhabitants, 2 at $45,000 each.
23 (4) In counties, other than Cook County, with
24 300,000 or more inhabitants, 4 at $50,000 each.
25 If in any year the amount appropriated for the purposes
26 of this subsection (h) is insufficient to pay all of the
27 subsidies specified in this subsection, the amount
28 appropriated shall be prorated among the counties choosing to
29 participate.
30 (Source: P.A. 90-14, eff. 7-1-97; 90-375, eff. 8-14-97;
31 91-273, eff. 1-1-00; 91-440, eff. 8-6-99; revised 10-19-99.)
32 (55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
33 Sec. 4-3001. State's attorney; assistants.
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1 (a) The State's Attorney of Cook County shall be paid an
2 annual salary of $75,000 until December 31, 1988, $90,000
3 until November 30, 1990, $100,000 until June 30, 1994, and
4 $112,124 thereafter or as set by the Compensation Review
5 Board, whichever is greater.
6 Such sums shall be in full payment for all services
7 rendered by him. The State shall furnish from the State
8 treasury 66 2/3% of such salary in effect on December 31,
9 1988, 100% of the increases in salary taking effect after
10 December 31, 1988, and Cook County shall furnish 33 1/3% of
11 such salary in effect on December 31, 1988. The State's
12 Attorney of Cook County may not engage in the private
13 practice of law.
14 (b) If Cook County chooses to participate in the subsidy
15 program described in this subsection (b), 24 assistant
16 state's attorneys shall be appointed for the prosecution of
17 alcohol-related traffic offenses. Cook County shall annually
18 receive a subsidy for the payment of the salaries and
19 benefits of these assistant state's attorneys from State
20 funds appropriated to Cook County for that purpose. The
21 amount of the subsidy shall equal $50,000 per assistant
22 state's attorney appointed under this subsection, adjusted
23 for inflation each July 1 using the Consumer Price Index of
24 the Bureau of Labor Statistics of the U.S. Department of
25 Labor. If in any year the amount appropriated for the
26 purposes of this subsection (b) is insufficient, the annual
27 subsidy shall be reduced accordingly.
28 When and if Cook County chooses to participate in the
29 subsidy program described in this subsection (b), the number
30 of assistant state's attorneys who are prosecuting
31 alcohol-related traffic offenses must increase by 24. These
32 appointed assistant state's attorneys shall be in addition to
33 any other assistant state's attorneys assigned to those cases
34 on the effective date of this amendatory Act of the 91st
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1 General Assembly, and may not replace those assistant state's
2 attorneys. Cook County assistant state's attorneys appointed
3 and subsidized by this subsection (b) may also prosecute
4 other types of misdemeanor cases at the direction of the Cook
5 County State's Attorney.
6 (Source: P.A. 90-375, eff. 8-14-97; 91-273, eff. 1-1-00.)
7 Section 10-30. The Weights and Measures Act is amended
8 by changing Section 40 as follows:
9 (225 ILCS 470/40) (from Ch. 147, par. 140)
10 Sec. 40. Inspection fee; Weights and Measures Fund.
11 Except as otherwise provided in Section 43, the Director and
12 each sealer shall collect and receive from the user of
13 weights and measures a commercial weighing or measuring
14 device inspection fee. For the use of its Metrology
15 Laboratory, the testings of weights and measures and such
16 other inspection and services performed, the Department shall
17 set a fee, the amount of which shall be according to a
18 Schedule of Weights and Measures Inspection Fees established
19 and published by the Director. The fees so collected and
20 received by the State shall be deposited into a special fund
21 to be known as the Weights and Measures Fund. All weights
22 and measures inspection fees, metrology fees, weights and
23 measures registrations, and weights and measures penalties
24 collected by the Department under this Act shall be deposited
25 into the Weights and Measures Fund. The amount annually
26 collected shall be used by the Department for activities
27 related to the enforcement of this Act and the Motor Fuel and
28 Petroleum Standards Act, and for the State's share of the
29 costs of the Field Automation Information Management project.
30 No person shall be required to pay more than 2 inspection
31 fees for any one weighing or measuring device in any one year
32 when found to be accurate. When an inspection is made upon a
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1 weighing or measuring device because of a complaint by a
2 person other than the owner of such weighing or measuring
3 device, and the device is found accurate as set forth in
4 Section 8 of this Act, then the inspection fee shall be paid
5 by the complainant.
6 (Source: P.A. 88-600, eff. 9-1-94.)
7 Section 10-35. The Response Action Contractor
8 Indemnification Act is amended by changing Section 5 as
9 follows:
10 (415 ILCS 100/5) (from Ch. 111 1/2, par. 7205)
11 Sec. 5. Response Contractors Indemnification Fund.
12 (a) There is hereby created the Response Contractors
13 Indemnification Fund. The State Treasurer, ex officio, shall
14 be custodian of the Fund, and the Comptroller shall direct
15 payments from the Fund upon vouchers properly certified by
16 the Attorney General in accordance with Section 4. The
17 Treasurer shall credit interest on the Fund to the Fund.
18 (b) Every State response action contract shall provide
19 that 5% of each payment to be made by the State under the
20 contract shall be paid by the State directly into the
21 Response Contractors Indemnification Fund rather than to the
22 contractor, except that when there is more than $4,000,000 in
23 the Fund at the beginning of a State fiscal year, State
24 response action contracts during that fiscal year need not
25 provide that 5% of each payment made under the contract be
26 paid into the Fund. When only a portion of a contract
27 relates to a remedial or response action, or to the
28 identification, handling, storage, treatment or disposal of a
29 pollutant, the contract shall provide that only that portion
30 is subject to this subsection.
31 (c) Within 30 days after the effective date of this
32 amendatory Act of 1997, the Comptroller shall order
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1 transferred and the Treasurer shall transfer $1,200,000 from
2 the Response Contractors Indemnification Fund to the
3 Brownfields Redevelopment Fund. The Comptroller shall order
4 transferred and the Treasurer shall transfer $1,200,000 from
5 the Response Contractors Indemnification Fund to the
6 Brownfields Redevelopment Fund on the first day of fiscal
7 years 1999, 2000, 2001, and 2002.
8 (d) Within 30 days after the effective date of this
9 amendatory Act of the 91st General Assembly, the Comptroller
10 shall order transferred and the Treasurer shall transfer
11 $2,000,000 from the Response Contractors Indemnification Fund
12 to the Asbestos Abatement Fund.
13 (Source: P.A. 89-254, eff. 8-8-95; 90-123, eff. 7-21-97.)
14 Section 10-40. The Unemployment Insurance Act is amended
15 by changing Section 2103 as follows:
16 (820 ILCS 405/2103) (from Ch. 48, par. 663)
17 Sec. 2103. Unemployment compensation administration and
18 other workforce development costs cost. All moneys received
19 by the State or by the Director from any source for the
20 financing of the cost of administration of this Act,
21 including all federal moneys allotted or apportioned to the
22 State or to the Director for that purpose, including moneys
23 received directly or indirectly from the federal government
24 under the Job Training Partnership Act, and including moneys
25 received from the Railroad Retirement Board as compensation
26 for services or facilities supplied to said Board, or any
27 moneys made available by this State or its political
28 subdivisions and matched by moneys granted to this State
29 pursuant to the provisions of the Wagner-Peyser Act, shall be
30 received and held by the State Treasurer as ex-officio
31 custodian thereof, separate and apart from all other State
32 moneys, in the Title III Social Security and Employment Fund,
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1 and such funds shall be distributed or expended upon the
2 direction of the Director and, except money received pursuant
3 to the last paragraph of Section 2100B, shall be distributed
4 or expended solely for the purposes and in the amounts found
5 necessary by the Secretary of Labor of the United States of
6 America, or other appropriate federal agency, for the proper
7 and efficient administration of this Act. Notwithstanding
8 any provision of this Section, all money requisitioned and
9 deposited with the State Treasurer pursuant to the last
10 paragraph of Section 2100B shall remain part of the
11 unemployment trust fund and shall be used only in accordance
12 with the conditions specified in the last paragraph of
13 Section 2100B.
14 If any moneys received from the Secretary of Labor, or
15 other appropriate federal agency, under Title III of the
16 Social Security Act, or any moneys granted to this State
17 pursuant to the provisions of the Wagner-Peyser Act, or any
18 moneys made available by this State or its political
19 subdivisions and matched by moneys granted to this State
20 pursuant to the provisions of the Wagner-Peyser Act, are
21 found by the Secretary of Labor, or other appropriate Federal
22 agency, because of any action or contingency, to have been
23 lost or expended for purposes other than, or in amounts in
24 excess of, those found necessary, by the Secretary of Labor,
25 or other appropriate Federal agency, for the proper
26 administration of this Act, it is the policy of this State
27 that such moneys shall be replaced by moneys appropriated for
28 such purpose from the general funds of this State for
29 expenditure as provided in the first paragraph of this
30 Section. The Director shall report to the Bureau of the
31 Budget, in the same manner as is provided generally for the
32 submission by State Departments of financial requirements for
33 the ensuing fiscal year, and the Governor shall include in
34 his budget report to the next regular session of the General
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1 Assembly, the amount required for such replacement.
2 Moneys in the Title III Social Security and Employment
3 this Fund shall not be commingled with other State funds, but
4 they shall be deposited as required by law and maintained in
5 a separate account on the books of a savings and loan
6 association or bank.
7 The State Treasurer shall be liable on his general
8 official bond for the faithful performance of his duties as
9 custodian of all such moneys in the Title III Social Security
10 and Employment Fund as may come into his hands by virtue of
11 this Section. Such liability on his official bond shall
12 exist in addition to the liability upon any separate bond
13 given by him. All sums recovered for losses sustained by the
14 fund herein described shall be deposited therein.
15 Upon the effective date of this amendatory Act of 1987
16 (January 1, 1988), the Comptroller shall transfer all
17 unobligated funds from the Job Training Fund into the Title
18 III Social Security and Employment Fund.
19 On September 1, 2000, or as soon thereafter as may be
20 reasonably practicable, the State Comptroller shall transfer
21 all unobligated moneys from the Job Training Partnership Fund
22 into the Title III Social Security and Employment Fund. The
23 moneys transferred pursuant to this amendatory Act may be
24 used or expended for purposes consistent with the conditions
25 under which those moneys were received by the State.
26 Beginning on the effective date of this amendatory Act of
27 the 91st General Assembly, all moneys that would otherwise be
28 deposited into the Job Training Partnership Fund shall
29 instead be deposited into the Title III Social Security and
30 Employment Fund, to be used for purposes consistent with the
31 conditions under which those moneys are received by the
32 State, except that any moneys that may be necessary to pay
33 liabilities outstanding as of June 30, 2000 shall be
34 deposited into the Job Training Partnership Fund.
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1 (Source: P.A. 85-956.)
2 ARTICLE 99. EFFECTIVE DATE
3 Section 99-1. Effective date. This Act takes effect July
4 1, 2000, except that this Section and the changes to Section
5 8g of the State Finance Act take effect upon becoming law.".