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91_SB1841
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1 AN ACT to codify State statutes to conform those statutes
2 to existing State agency administrative practices in order to
3 remedy audit findings made by the Auditor General.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 30. The Department of State Police Law of the
7 Civil Administrative Code of Illinois is amended by changing
8 Sections 2605-25, 2605-30, 2605-35, 2605-40, 2605-45,
9 2605-220, 2605-250, 2605-377, and 2605-380 as follows:
10 (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
11 Sec. 2605-25. Department divisions. The Department is
12 divided into the Illinois State Police Academy and 4 5
13 divisions: the Division of Operations State Troopers, the
14 Division of Criminal Investigation, the Division of Forensic
15 Services, the Division of Administration, and the Division of
16 Internal Investigation.
17 (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00.)
18 (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
19 Sec. 2605-30. Division of Operations (formerly State
20 Troopers). The Division of Operations State Troopers shall
21 exercise the following functions and those in Section
22 2605-35:
23 (1) Cooperate with federal and State authorities
24 requesting utilization of the Department's radio network
25 system under the Illinois Aeronautics Act.
26 (2) Exercise the rights, powers, and duties of the
27 State Police under the State Police Act.
28 (3) Exercise the rights, powers, and duties vested
29 by law in the Department by the State Police Radio Act.
30 (4) Exercise the rights, powers, and duties of the
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1 Department vested by law in the Department and the
2 Illinois State Police by the Illinois Vehicle Code.
3 (5) Exercise other duties that have been or may be
4 vested by law in the Illinois State Police.
5 (6) Exercise other duties that may be assigned by
6 the Director in order to fulfill the responsibilities and
7 to achieve the purposes of the Department.
8 (Source: P.A. 91-239, eff. 1-1-00.)
9 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
10 Sec. 2605-35. Division of Operations (formerly Criminal
11 Investigation).
12 (a) The Division of Operations Criminal Investigation
13 shall exercise the following functions and those in Section
14 2605-30:
15 (1) Exercise the rights, powers, and duties vested
16 by law in the Department by the Illinois Horse Racing Act
17 of 1975.
18 (2) Investigate the origins, activities, personnel,
19 and incidents of crime and enforce the criminal laws of
20 this State related thereto.
21 (3) Enforce all laws regulating the production,
22 sale, prescribing, manufacturing, administering,
23 transporting, having in possession, dispensing,
24 delivering, distributing, or use of controlled substances
25 and cannabis.
26 (4) Cooperate with the police of cities, villages,
27 and incorporated towns and with the police officers of
28 any county in enforcing the laws of the State and in
29 making arrests and recovering property.
30 (5) Apprehend and deliver up any person charged in
31 this State or any other state with treason or a felony or
32 other crime who has fled from justice and is found in
33 this State.
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1 (6) Investigate recipients and providers under the
2 Illinois Public Aid Code and any personnel involved in
3 the administration of the Code who are suspected of any
4 violation of the Code pertaining to fraud in the
5 administration, receipt, or provision of assistance and
6 pertaining to any violation of criminal law; and exercise
7 the functions required under Section 2605-220 in the
8 conduct of those investigations.
9 (7) Conduct other investigations as provided by law.
10 (8) Exercise the powers and perform the duties that
11 have been vested in the Department by the Sex Offender
12 Registration Act and the Sex Offender and Child Murderer
13 Community Notification Law; and promulgate reasonable
14 rules and regulations necessitated thereby.
15 (9) Exercise other duties that may be assigned by
16 the Director in order to fulfill the responsibilities and
17 achieve the purposes of the Department.
18 (b) There is hereby established in the Division of
19 Operations Criminal Investigation the Office of Coordination
20 of Gang Prevention, hereafter referred to as the Office.
21 The Office shall consult with units of local government
22 and school districts to assist them in gang control
23 activities and to administer a system of grants to units of
24 local government and school districts that, upon application,
25 have demonstrated a workable plan to reduce gang activity in
26 their area. The grants shall not include reimbursement for
27 personnel, nor shall they exceed 75% of the total request by
28 any applicant. The grants may be calculated on a
29 proportional basis, determined by funds available to the
30 Department for this purpose. The Department has the
31 authority to promulgate appropriate rules and regulations to
32 administer this program.
33 The Office shall establish mobile units of trained
34 personnel to respond to gang activities.
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1 The Office shall also consult with and use the services
2 of religious leaders and other celebrities to assist in gang
3 control activities.
4 The Office may sponsor seminars, conferences, or any
5 other educational activity to assist communities in their
6 gang crime control activities.
7 (Source: P.A. 90-193, eff. 7-24-97; 91-239, eff. 1-1-00.)
8 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
9 Sec. 2605-40. Division of Forensic Services. The
10 Division of Forensic Services shall exercise the following
11 functions:
12 (1) Exercise the rights, powers, and duties vested
13 by law in the Department by the Criminal Identification
14 Act.
15 (2) Exercise the rights, powers, and duties vested
16 by law in the Department by Section 2605-300 of this Law.
17 (3) Provide assistance to local law enforcement
18 agencies through training, management, and consultant
19 services.
20 (4) (Blank) Exercise the rights, powers, and duties
21 vested by law in the Department by the Firearm Owners
22 Identification Card Act.
23 (5) Exercise other duties that may be assigned by
24 the Director in order to fulfill the responsibilities and
25 achieve the purposes of the Department.
26 (6) Establish and operate a forensic science
27 laboratory system, including a forensic toxicological
28 laboratory service, for the purpose of testing specimens
29 submitted by coroners and other law enforcement officers
30 in their efforts to determine whether alcohol, drugs, or
31 poisonous or other toxic substances have been involved in
32 deaths, accidents, or illness. Forensic toxicological
33 laboratories shall be established in Springfield,
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1 Chicago, and elsewhere in the State as needed.; and
2 (7) 7. Subject to specific appropriations made for
3 these purposes, to establish and coordinate a system for
4 providing accurate and expedited forensic science and
5 other investigative and laboratory services to local law
6 enforcement agencies and local State's Attorneys in aid
7 of the investigation and trial of capital cases.
8 (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00;
9 91-589, eff. 1-1-00; revised 10-26-99.)
10 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
11 Sec. 2605-45. Division of Administration. The Division of
12 Administration shall exercise the following functions:
13 (1) Exercise the rights, powers, and duties vested
14 in the Department by the Bureau of the Budget Act.
15 (2) Pursue research and the publication of studies
16 pertaining to local law enforcement activities.
17 (3) Exercise the rights, powers, and duties vested
18 in the Department by the Personnel Code.
19 (4) Operate an electronic data processing and
20 computer center for the storage and retrieval of data
21 pertaining to criminal activity.
22 (5) Exercise the rights, powers, and duties vested
23 in the former Division of State Troopers by Section 17 of
24 the State Police Act.
25 (6) Exercise the rights, powers, and duties vested
26 in the Department by "An Act relating to internal
27 auditing in State government", approved August 11, 1967
28 (repealed; now the Fiscal Control and Internal Auditing
29 Act, 30 ILCS 10/).
30 (6.5) Exercise the rights, powers, and duties
31 vested in the Department by the Firearm Owners
32 Identification Card Act.
33 (7) Exercise other duties that may be assigned by
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1 the Director to fulfill the responsibilities and achieve
2 the purposes of the Department.
3 (Source: P.A. 91-239, eff. 1-1-00.)
4 (20 ILCS 2605/2605-220) (was 20 ILCS 2605/55a-7)
5 Sec. 2605-220. Public aid fraud investigations. The
6 Department, through the Division of Operations Criminal
7 Investigation, shall investigate recipients and providers
8 under the Illinois Public Aid Code and any personnel involved
9 in the administration of the Code who are suspected of any
10 violations of the Code pertaining to fraud in the
11 administration, receipt, or provision of assistance and
12 pertaining to any violation of criminal law. The Department
13 shall, in addition to functions otherwise authorized by State
14 and federal law, exercise the following functions:
15 (1) Initiate investigations of suspected cases of
16 public aid fraud.
17 (2) Investigate cases of public aid fraud.
18 (Source: P.A. 91-239, eff. 1-1-00.)
19 (20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)
20 Sec. 2605-250. Obtaining evidence. To expend the sums
21 the Director deems necessary from contractual services
22 appropriations for the Division of Operations Criminal
23 Investigation for the purchase of evidence and for the
24 employment of persons to obtain evidence. The sums shall be
25 advanced to agents authorized by the Director to expend
26 funds, on vouchers signed by the Director.
27 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
28 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff.
29 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
30 (20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
31 Sec. 2605-377. Department of Public Aid; LEADS access.
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1 (a) The Illinois Department of Public Aid is an
2 authorized entity under this Law for the purpose of
3 exchanging information, in the form and manner required by
4 the Department of State Police, to facilitate the location of
5 individuals for establishing paternity, and establishing,
6 modifying, and enforcing child support obligations, pursuant
7 to the Illinois Public Aid Code and Title IV, Part D of the
8 Social Security Act.
9 (b) The Illinois Department of Public Aid is an
10 authorized entity under this Section for the purpose of
11 obtaining access to various data repositories available
12 through LEADS, to facilitate the location of individuals for
13 establishing paternity, and establishing, modifying, and
14 enforcing child support obligations, pursuant to the Illinois
15 Public Aid Code and Title IV, Part D of the Social Security
16 Act. The Department shall enter into an agreement with the
17 Illinois Department of Public Aid consistent with these
18 purposes.
19 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
20 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff.
21 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
22 (20 ILCS 2605/2605-380) (was 20 ILCS 2605/55a-8)
23 Sec. 2605-380. Dental records. The Department shall do
24 the following:
25 (1) Coordinate Operate a State participation in a
26 national central repository for dental records of missing
27 persons and unidentified dead bodies.
28 (2) Receive and file dental records submitted by
29 county medical examiners and coroners from unidentified
30 dead bodies and submitted by law enforcement agencies
31 from persons reported missing for more than 30 days.
32 (3) Provide information from the file on possible
33 identifications resulting from the comparison of dental
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1 records submitted with those records on file, to county
2 medical examiners, coroners, and law enforcement
3 agencies.
4 (4) Expunge the dental records of those missing
5 persons who are found, and expunge from the file the
6 dental records of missing persons who are positively
7 identified as a result of comparisons made with this file
8 or the files maintained by other states, territories,
9 insular possessions of the United States, or the United
10 States.
11 (Source: P.A. 91-239, eff. 1-1-00.)
12 Section 40. The State Finance Act is amended by changing
13 Section 8.3 as follows:
14 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
15 Sec. 8.3. Money in the Road Fund shall, if and when the
16 State of Illinois incurs any bonded indebtedness for the
17 construction of permanent highways, be set aside and used for
18 the purpose of paying and discharging annually the principal
19 and interest on that bonded indebtedness then due and
20 payable, and for no other purpose. The surplus, if any, in
21 the Road Fund after the payment of principal and interest on
22 that bonded indebtedness then annually due shall be used as
23 follows:
24 first -- to pay the cost of administration of
25 Chapters 2 through 10 of the Illinois Vehicle Code,
26 except the cost of administration of Articles I and II of
27 Chapter 3 of that Code; and
28 secondly -- for expenses of the Department of
29 Transportation for construction, reconstruction,
30 improvement, repair, maintenance, operation, and
31 administration of highways in accordance with the
32 provisions of laws relating thereto, or for any purpose
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1 related or incident to and connected therewith, including
2 the separation of grades of those highways with railroads
3 and with highways and including the payment of awards
4 made by the Industrial Commission under the terms of the
5 Workers' Compensation Act or Workers' Occupational
6 Diseases Act for injury or death of an employee of the
7 Division of Highways in the Department of Transportation;
8 or for the acquisition of land and the erection of
9 buildings for highway purposes, including the acquisition
10 of highway right-of-way or for investigations to
11 determine the reasonably anticipated future highway
12 needs; or for making of surveys, plans, specifications
13 and estimates for and in the construction and maintenance
14 of flight strips and of highways necessary to provide
15 access to military and naval reservations, to defense
16 industries and defense-industry sites, and to the sources
17 of raw materials and for replacing existing highways and
18 highway connections shut off from general public use at
19 military and naval reservations and defense-industry
20 sites, or for the purchase of right-of-way, except that
21 the State shall be reimbursed in full for any expense
22 incurred in building the flight strips; or for the
23 operating and maintaining of highway garages; or for
24 patrolling and policing the public highways and
25 conserving the peace; or for any of those purposes or any
26 other purpose that may be provided by law.
27 Appropriations for any of those purposes are payable from
28 the Road Fund. Appropriations may also be made from the Road
29 Fund for the administrative expenses of any State agency that
30 are related to motor vehicles or arise from the use of motor
31 vehicles.
32 Beginning with fiscal year 1980 and thereafter, no Road
33 Fund monies shall be appropriated to the following
34 Departments or agencies of State government for
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1 administration, grants, or operations; but this limitation is
2 not a restriction upon appropriating for those purposes any
3 Road Fund monies that are eligible for federal reimbursement;
4 1. Department of Public Health;
5 2. Department of Transportation, only with respect
6 to subsidies for one-half fare Student Transportation and
7 Reduced Fare for Elderly;
8 3. Department of Central Management Services,
9 except for expenditures incurred for group insurance
10 premiums of appropriate personnel;
11 4. Judicial Systems and Agencies.
12 Beginning with fiscal year 1981 and thereafter, no Road
13 Fund monies shall be appropriated to the following
14 Departments or agencies of State government for
15 administration, grants, or operations; but this limitation is
16 not a restriction upon appropriating for those purposes any
17 Road Fund monies that are eligible for federal reimbursement:
18 1. Department of State Police, except for
19 expenditures with respect to the Division of Operations
20 State Troopers;
21 2. Department of Transportation, only with respect
22 to Intercity Rail Subsidies and Rail Freight Services.
23 Beginning with fiscal year 1982 and thereafter, no Road
24 Fund monies shall be appropriated to the following
25 Departments or agencies of State government for
26 administration, grants, or operations; but this limitation is
27 not a restriction upon appropriating for those purposes any
28 Road Fund monies that are eligible for federal reimbursement:
29 Department of Central Management Services, except for awards
30 made by the Industrial Commission under the terms of the
31 Workers' Compensation Act or Workers' Occupational Diseases
32 Act for injury or death of an employee of the Division of
33 Highways in the Department of Transportation.
34 Beginning with fiscal year 1984 and thereafter, no Road
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1 Fund monies shall be appropriated to the following
2 Departments or agencies of State government for
3 administration, grants, or operations; but this limitation is
4 not a restriction upon appropriating for those purposes any
5 Road Fund monies that are eligible for federal reimbursement:
6 1. Department of State Police, except not more than
7 40% of the funds appropriated for the Division of
8 Operations State Troopers;
9 2. State Officers.
10 Beginning with fiscal year 1984 and thereafter, no Road
11 Fund monies shall be appropriated to any Department or agency
12 of State government for administration, grants, or operations
13 except as provided hereafter; but this limitation is not a
14 restriction upon appropriating for those purposes any Road
15 Fund monies that are eligible for federal reimbursement. It
16 shall not be lawful to circumvent the above appropriation
17 limitations by governmental reorganization or other methods.
18 Appropriations shall be made from the Road Fund only in
19 accordance with the provisions of this Section.
20 Money in the Road Fund shall, if and when the State of
21 Illinois incurs any bonded indebtedness for the construction
22 of permanent highways, be set aside and used for the purpose
23 of paying and discharging during each fiscal year the
24 principal and interest on that bonded indebtedness as it
25 becomes due and payable as provided in the Transportation
26 Bond Act, and for no other purpose. The surplus, if any, in
27 the Road Fund after the payment of principal and interest on
28 that bonded indebtedness then annually due shall be used as
29 follows:
30 first -- to pay the cost of administration of
31 Chapters 2 through 10 of the Illinois Vehicle Code; and
32 secondly -- no Road Fund monies derived from fees,
33 excises, or license taxes relating to registration,
34 operation and use of vehicles on public highways or to
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1 fuels used for the propulsion of those vehicles, shall be
2 appropriated or expended other than for costs of
3 administering the laws imposing those fees, excises, and
4 license taxes, statutory refunds and adjustments allowed
5 thereunder, administrative costs of the Department of
6 Transportation, payment of debts and liabilities incurred
7 in construction and reconstruction of public highways and
8 bridges, acquisition of rights-of-way for and the cost of
9 construction, reconstruction, maintenance, repair, and
10 operation of public highways and bridges under the
11 direction and supervision of the State, political
12 subdivision, or municipality collecting those monies, and
13 the costs for patrolling and policing the public highways
14 (by State, political subdivision, or municipality
15 collecting that money) for enforcement of traffic laws.
16 The separation of grades of such highways with railroads
17 and costs associated with protection of at-grade highway
18 and railroad crossing shall also be permissible.
19 Appropriations for any of such purposes are payable from
20 the Road Fund or the Grade Crossing Protection Fund as
21 provided in Section 8 of the Motor Fuel Tax Law.
22 Beginning with fiscal year 1991 and thereafter, no Road
23 Fund monies shall be appropriated to the Department of State
24 Police for the purposes of this Section in excess of its
25 total fiscal year 1990 Road Fund appropriations for those
26 purposes unless otherwise provided in Section 5g of this Act.
27 It shall not be lawful to circumvent this limitation on
28 appropriations by governmental reorganization or other
29 methods unless otherwise provided in Section 5g of this Act.
30 In fiscal year 1994, no Road Fund monies shall be
31 appropriated to the Secretary of State for the purposes of
32 this Section in excess of the total fiscal year 1991 Road
33 Fund appropriations to the Secretary of State for those
34 purposes, plus $9,800,000. It shall not be lawful to
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1 circumvent this limitation on appropriations by governmental
2 reorganization or other method.
3 Beginning with fiscal year 1995 and thereafter, no Road
4 Fund monies shall be appropriated to the Secretary of State
5 for the purposes of this Section in excess of the total
6 fiscal year 1994 Road Fund appropriations to the Secretary of
7 State for those purposes. It shall not be lawful to
8 circumvent this limitation on appropriations by governmental
9 reorganization or other methods.
10 Beginning with fiscal year 2000, total Road Fund
11 appropriations to the Secretary of State for the purposes of
12 this Section shall not exceed the amounts specified for the
13 following fiscal years:
14 Fiscal Year 2000 $80,500,000;
15 Fiscal Year 2001 $80,500,000;
16 Fiscal Year 2002 $80,500,000;
17 Fiscal Year 2003 $80,500,000;
18 Fiscal Year 2004 and
19 each year thereafter $30,500,000.
20 It shall not be lawful to circumvent this limitation on
21 appropriations by governmental reorganization or other
22 methods.
23 No new program may be initiated in fiscal year 1991 and
24 thereafter that is not consistent with the limitations
25 imposed by this Section for fiscal year 1984 and thereafter,
26 insofar as appropriation of Road Fund monies is concerned.
27 Nothing in this Section prohibits transfers from the Road
28 Fund to the State Construction Account Fund under Section 5e
29 of this Act.
30 (Source: P.A. 91-37, eff. 7-1-99.)
31 Section 45. The Anti-Pollution Bond Act is amended by
32 changing Section 4a as follows:
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1 (30 ILCS 405/4a) (from Ch. 127, par. 454a)
2 Sec. 4a. The Environmental Protection Agency shall
3 distribute grants, subject to appropriation by the General
4 Assembly, and in accordance with Section 4 of this Act and in
5 accordance with a list of health hazards formulated by the
6 Department of Public Health, for planning, financing and
7 construction of municipal sewage treatment works in areas
8 where an actual or potential severe health hazard exists
9 because of a lack of adequate municipal sewage treatment
10 works.
11 By October 1 of each year, the Director of the Department
12 of Public Health shall comprise and submit to the Director of
13 the Environmental Protection Agency a list of areas in this
14 State where a health hazard exists because of inadequate
15 sewage treatment facilities. The Director of Public Health
16 shall rank the areas listed according to the seriousness of
17 the health hazard.
18 (Source: P.A. 81-1111.)
19 Section 50. The Illinois Pension Code is amended by
20 changing Sections 14-110 and 15-181 as follows:
21 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
22 Sec. 14-110. Alternative retirement annuity.
23 (a) Any member who has withdrawn from service with not
24 less than 20 years of eligible creditable service and has
25 attained age 55, and any member who has withdrawn from
26 service with not less than 25 years of eligible creditable
27 service and has attained age 50, regardless of whether the
28 attainment of either of the specified ages occurs while the
29 member is still in service, shall be entitled to receive at
30 the option of the member, in lieu of the regular or minimum
31 retirement annuity, a retirement annuity computed as
32 follows:
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1 (i) for periods of service as a noncovered
2 employee, 2 1/4% of final average compensation for each
3 of the first 10 years of creditable service, 2 1/2% for
4 each year above 10 years to and including 20 years of
5 creditable service, and 2 3/4% for each year of
6 creditable service above 20 years; and
7 (ii) for periods of eligible creditable service as
8 a covered employee, 1.67% of final average compensation
9 for each of the first 10 years of such service, 1.90% for
10 each of the next 10 years of such service, 2.10% for each
11 year of such service in excess of 20 but not exceeding
12 30, and 2.30% for each year in excess of 30.
13 Such annuity shall be subject to a maximum of 75% of
14 final average compensation. These rates shall not be
15 applicable to any service performed by a member as a covered
16 employee which is not eligible creditable service. Service
17 as a covered employee which is not eligible creditable
18 service shall be subject to the rates and provisions of
19 Section 14-108.
20 (b) For the purpose of this Section, "eligible
21 creditable service" means creditable service resulting from
22 service in one or more of the following positions:
23 (1) State policeman;
24 (2) fire fighter in the fire protection service of
25 a department;
26 (3) air pilot;
27 (4) special agent;
28 (5) investigator for the Secretary of State;
29 (6) conservation police officer;
30 (7) investigator for the Department of Revenue;
31 (8) security employee of the Department of Human
32 Services;
33 (9) Central Management Services security police
34 officer;
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1 (10) security employee of the Department of
2 Corrections;
3 (11) dangerous drugs investigator;
4 (12) investigator for the Department of State
5 Police;
6 (13) investigator for the Office of the Attorney
7 General;
8 (14) controlled substance inspector;
9 (15) investigator for the Office of the State's
10 Attorneys Appellate Prosecutor;
11 (16) Commerce Commission police officer;
12 (17) arson investigator.
13 A person employed in one of the positions specified in
14 this subsection is entitled to eligible creditable service
15 for service credit earned under this Article while undergoing
16 the basic police training course approved by the Illinois Law
17 Enforcement Training Standards Board, if completion of that
18 training is required of persons serving in that position.
19 For the purposes of this Code, service during the required
20 basic police training course shall be deemed performance of
21 the duties of the specified position, even though the person
22 is not a sworn peace officer at the time of the training.
23 (c) For the purposes of this Section:
24 (1) The term "state policeman" includes any title
25 or position in the Department of State Police that is
26 held by an individual employed under the State Police
27 Act.
28 (2) The term "fire fighter in the fire protection
29 service of a department" includes all officers in such
30 fire protection service including fire chiefs and
31 assistant fire chiefs.
32 (3) The term "air pilot" includes any employee
33 whose official job description on file in the Department
34 of Central Management Services, or in the department by
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1 which he is employed if that department is not covered by
2 the Personnel Code, states that his principal duty is the
3 operation of aircraft, and who possesses a pilot's
4 license; however, the change in this definition made by
5 this amendatory Act of 1983 shall not operate to exclude
6 any noncovered employee who was an "air pilot" for the
7 purposes of this Section on January 1, 1984.
8 (4) The term "special agent" means any person who
9 by reason of employment by the Division of Narcotic
10 Control, the Bureau of Investigation or, after July 1,
11 1977, the Division of Criminal Investigation, the
12 Division of Internal Investigation, the Division of
13 Operations, or any other Division or organizational
14 entity in the Department of State Police is vested by law
15 with duties to maintain public order, investigate
16 violations of the criminal law of this State, enforce the
17 laws of this State, make arrests and recover property.
18 The term "special agent" includes any title or position
19 in the Department of State Police that is held by an
20 individual employed under the State Police Act.
21 (5) The term "investigator for the Secretary of
22 State" means any person employed by the Office of the
23 Secretary of State and vested with such investigative
24 duties as render him ineligible for coverage under the
25 Social Security Act by reason of Sections 218(d)(5)(A),
26 218(d)(8)(D) and 218(l)(1) of that Act.
27 A person who became employed as an investigator for
28 the Secretary of State between January 1, 1967 and
29 December 31, 1975, and who has served as such until
30 attainment of age 60, either continuously or with a
31 single break in service of not more than 3 years
32 duration, which break terminated before January 1, 1976,
33 shall be entitled to have his retirement annuity
34 calculated in accordance with subsection (a),
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1 notwithstanding that he has less than 20 years of credit
2 for such service.
3 (6) The term "Conservation Police Officer" means
4 any person employed by the Division of Law Enforcement of
5 the Department of Natural Resources and vested with such
6 law enforcement duties as render him ineligible for
7 coverage under the Social Security Act by reason of
8 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
9 that Act. The term "Conservation Police Officer"
10 includes the positions of Chief Conservation Police
11 Administrator and Assistant Conservation Police
12 Administrator.
13 (7) The term "investigator for the Department of
14 Revenue" means any person employed by the Department of
15 Revenue and vested with such investigative duties as
16 render him ineligible for coverage under the Social
17 Security Act by reason of Sections 218(d)(5)(A),
18 218(d)(8)(D) and 218(l)(1) of that Act.
19 (8) The term "security employee of the Department
20 of Human Services" means any person employed by the
21 Department of Human Services who is employed at the
22 Chester Mental Health Center and has daily contact with
23 the residents thereof, or who is a mental health police
24 officer. "Mental health police officer" means any person
25 employed by the Department of Human Services in a
26 position pertaining to the Department's mental health and
27 developmental disabilities functions who is vested with
28 such law enforcement duties as render the person
29 ineligible for coverage under the Social Security Act by
30 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
31 218(l)(1) of that Act.
32 (9) "Central Management Services security police
33 officer" means any person employed by the Department of
34 Central Management Services who is vested with such law
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1 enforcement duties as render him ineligible for coverage
2 under the Social Security Act by reason of Sections
3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
4 (10) The term "security employee of the Department
5 of Corrections" means any employee of the Department of
6 Corrections or the former Department of Personnel, and
7 any member or employee of the Prisoner Review Board, who
8 has daily contact with inmates by working within a
9 correctional facility or who is a parole officer or an
10 employee who has direct contact with committed persons in
11 the performance of his or her job duties.
12 (11) The term "dangerous drugs investigator" means
13 any person who is employed as such by the Department of
14 Human Services.
15 (12) The term "investigator for the Department of
16 State Police" means a person employed by the Department
17 of State Police who is vested under Section 4 of the
18 Narcotic Control Division Abolition Act with such law
19 enforcement powers as render him ineligible for coverage
20 under the Social Security Act by reason of Sections
21 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
22 (13) "Investigator for the Office of the Attorney
23 General" means any person who is employed as such by the
24 Office of the Attorney General and is vested with such
25 investigative duties as render him ineligible for
26 coverage under the Social Security Act by reason of
27 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
28 Act. For the period before January 1, 1989, the term
29 includes all persons who were employed as investigators
30 by the Office of the Attorney General, without regard to
31 social security status.
32 (14) "Controlled substance inspector" means any
33 person who is employed as such by the Department of
34 Professional Regulation and is vested with such law
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1 enforcement duties as render him ineligible for coverage
2 under the Social Security Act by reason of Sections
3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
4 The term "controlled substance inspector" includes the
5 Program Executive of Enforcement and the Assistant
6 Program Executive of Enforcement.
7 (15) The term "investigator for the Office of the
8 State's Attorneys Appellate Prosecutor" means a person
9 employed in that capacity on a full time basis under the
10 authority of Section 7.06 of the State's Attorneys
11 Appellate Prosecutor's Act.
12 (16) "Commerce Commission police officer" means any
13 person employed by the Illinois Commerce Commission who
14 is vested with such law enforcement duties as render him
15 ineligible for coverage under the Social Security Act by
16 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
17 218(l)(1) of that Act.
18 (17) "Arson investigator" means any person who is
19 employed as such by the Office of the State Fire Marshal
20 and is vested with such law enforcement 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. A person who
24 was employed as an arson investigator on January 1, 1995
25 and is no longer in service but not yet receiving a
26 retirement annuity may convert his or her creditable
27 service for employment as an arson investigator into
28 eligible creditable service by paying to the System the
29 difference between the employee contributions actually
30 paid for that service and the amounts that would have
31 been contributed if the applicant were contributing at
32 the rate applicable to persons with the same social
33 security status earning eligible creditable service on
34 the date of application.
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1 (d) A security employee of the Department of
2 Corrections, and a security employee of the Department of
3 Human Services who is not a mental health police officer,
4 shall not be eligible for the alternative retirement annuity
5 provided by this Section unless he or she meets the following
6 minimum age and service requirements at the time of
7 retirement:
8 (i) 25 years of eligible creditable service and age
9 55; or
10 (ii) beginning January 1, 1987, 25 years of
11 eligible creditable service and age 54, or 24 years of
12 eligible creditable service and age 55; or
13 (iii) beginning January 1, 1988, 25 years of
14 eligible creditable service and age 53, or 23 years of
15 eligible creditable service and age 55; or
16 (iv) beginning January 1, 1989, 25 years of
17 eligible creditable service and age 52, or 22 years of
18 eligible creditable service and age 55; or
19 (v) beginning January 1, 1990, 25 years of eligible
20 creditable service and age 51, or 21 years of eligible
21 creditable service and age 55; or
22 (vi) beginning January 1, 1991, 25 years of
23 eligible creditable service and age 50, or 20 years of
24 eligible creditable service and age 55.
25 Persons who have service credit under Article 16 of this
26 Code for service as a security employee of the Department of
27 Corrections in a position requiring certification as a
28 teacher may count such service toward establishing their
29 eligibility under the service requirements of this Section;
30 but such service may be used only for establishing such
31 eligibility, and not for the purpose of increasing or
32 calculating any benefit.
33 (e) If a member enters military service while working in
34 a position in which eligible creditable service may be
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1 earned, and returns to State service in the same or another
2 such position, and fulfills in all other respects the
3 conditions prescribed in this Article for credit for military
4 service, such military service shall be credited as eligible
5 creditable service for the purposes of the retirement annuity
6 prescribed in this Section.
7 (f) For purposes of calculating retirement annuities
8 under this Section, periods of service rendered after
9 December 31, 1968 and before October 1, 1975 as a covered
10 employee in the position of special agent, conservation
11 police officer, mental health police officer, or investigator
12 for the Secretary of State, shall be deemed to have been
13 service as a noncovered employee, provided that the employee
14 pays to the System prior to retirement an amount equal to (1)
15 the difference between the employee contributions that would
16 have been required for such service as a noncovered employee,
17 and the amount of employee contributions actually paid, plus
18 (2) if payment is made after July 31, 1987, regular interest
19 on the amount specified in item (1) from the date of service
20 to the date of payment.
21 For purposes of calculating retirement annuities under
22 this Section, periods of service rendered after December 31,
23 1968 and before January 1, 1982 as a covered employee in the
24 position of investigator for the Department of Revenue shall
25 be deemed to have been service as a noncovered employee,
26 provided that the employee pays to the System prior to
27 retirement an amount equal to (1) the difference between the
28 employee contributions that would have been required for such
29 service as a noncovered employee, and the amount of employee
30 contributions actually paid, plus (2) if payment is made
31 after January 1, 1990, regular interest on the amount
32 specified in item (1) from the date of service to the date of
33 payment.
34 (g) A State policeman may elect, not later than January
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1 1, 1990, to establish eligible creditable service for up to
2 10 years of his service as a policeman under Article 3, by
3 filing a written election with the Board, accompanied by
4 payment of an amount to be determined by the Board, equal to
5 (i) the difference between the amount of employee and
6 employer contributions transferred to the System under
7 Section 3-110.5, and the amounts that would have been
8 contributed had such contributions been made at the rates
9 applicable to State policemen, plus (ii) interest thereon at
10 the effective rate for each year, compounded annually, from
11 the date of service to the date of payment.
12 Subject to the limitation in subsection (i), a State
13 policeman may elect, not later than July 1, 1993, to
14 establish eligible creditable service for up to 10 years of
15 his service as a member of the County Police Department under
16 Article 9, by filing a written election with the Board,
17 accompanied by payment of an amount to be determined by the
18 Board, equal to (i) the difference between the amount of
19 employee and employer contributions transferred to the System
20 under Section 9-121.10 and the amounts that would have been
21 contributed had those contributions been made at the rates
22 applicable to State policemen, plus (ii) interest thereon at
23 the effective rate for each year, compounded annually, from
24 the date of service to the date of payment.
25 (h) Subject to the limitation in subsection (i), a State
26 policeman or investigator for the Secretary of State may
27 elect to establish eligible creditable service for up to 12
28 years of his service as a policeman under Article 5, by
29 filing a written election with the Board on or before January
30 31, 1992, and paying to the System by January 31, 1994 an
31 amount to be determined by the Board, equal to (i) the
32 difference between the amount of employee and employer
33 contributions transferred to the System under Section 5-236,
34 and the amounts that would have been contributed had such
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1 contributions been made at the rates applicable to State
2 policemen, plus (ii) interest thereon at the effective rate
3 for each year, compounded annually, from the date of service
4 to the date of payment.
5 Subject to the limitation in subsection (i), a State
6 policeman, conservation police officer, or investigator for
7 the Secretary of State may elect to establish eligible
8 creditable service for up to 10 years of service as a
9 sheriff's law enforcement employee under Article 7, by filing
10 a written election with the Board on or before January 31,
11 1993, and paying to the System by January 31, 1994 an amount
12 to be determined by the Board, equal to (i) the difference
13 between the amount of employee and employer contributions
14 transferred to the System under Section 7-139.7, and the
15 amounts that would have been contributed had such
16 contributions been made at the rates applicable to State
17 policemen, plus (ii) interest thereon at the effective rate
18 for each year, compounded annually, from the date of service
19 to the date of payment.
20 (i) The total amount of eligible creditable service
21 established by any person under subsections (g), (h), (j),
22 (k), and (l) of this Section shall not exceed 12 years.
23 (j) Subject to the limitation in subsection (i), an
24 investigator for the Office of the State's Attorneys
25 Appellate Prosecutor or a controlled substance inspector may
26 elect to establish eligible creditable service for up to 10
27 years of his service as a policeman under Article 3 or a
28 sheriff's law enforcement employee under Article 7, by filing
29 a written election with the Board, accompanied by payment of
30 an amount to be determined by the Board, equal to (1) the
31 difference between the amount of employee and employer
32 contributions transferred to the System under Section 3-110.6
33 or 7-139.8, and the amounts that would have been contributed
34 had such contributions been made at the rates applicable to
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1 State policemen, plus (2) interest thereon at the effective
2 rate for each year, compounded annually, from the date of
3 service to the date of payment.
4 (k) Subject to the limitation in subsection (i) of this
5 Section, an alternative formula employee may elect to
6 establish eligible creditable service for periods spent as a
7 full-time law enforcement officer or full-time corrections
8 officer employed by the federal government or by a state or
9 local government located outside of Illinois, for which
10 credit is not held in any other public employee pension fund
11 or retirement system. To obtain this credit, the applicant
12 must file a written application with the Board by March 31,
13 1998, accompanied by evidence of eligibility acceptable to
14 the Board and payment of an amount to be determined by the
15 Board, equal to (1) employee contributions for the credit
16 being established, based upon the applicant's salary on the
17 first day as an alternative formula employee after the
18 employment for which credit is being established and the
19 rates then applicable to alternative formula employees, plus
20 (2) an amount determined by the Board to be the employer's
21 normal cost of the benefits accrued for the credit being
22 established, plus (3) regular interest on the amounts in
23 items (1) and (2) from the first day as an alternative
24 formula employee after the employment for which credit is
25 being established to the date of payment.
26 (l) Subject to the limitation in subsection (i), a
27 security employee of the Department of Corrections may elect,
28 not later than July 1, 1998, to establish eligible creditable
29 service for up to 10 years of his or her service as a
30 policeman under Article 3, by filing a written election with
31 the Board, accompanied by payment of an amount to be
32 determined by the Board, equal to (i) the difference between
33 the amount of employee and employer contributions transferred
34 to the System under Section 3-110.5, and the amounts that
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1 would have been contributed had such contributions been made
2 at the rates applicable to security employees of the
3 Department of Corrections, plus (ii) interest thereon at the
4 effective rate for each year, compounded annually, from the
5 date of service to the date of payment.
6 (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99.)
7 (40 ILCS 5/15-181) (from Ch. 108 1/2, par. 15-181)
8 Sec. 15-181. Duties of employers.
9 (a) Each employer, in preparing payroll vouchers for
10 participating employees, shall indicate, in addition to other
11 information: (1) the amount of employee contributions and
12 survivors insurance contributions required under Section
13 15-157, (2) the gross earnings payable to each employee, and
14 (3) the total of all contributions required under Section
15 15-157. An additional certified copy of each payroll
16 certified by each employer shall be forwarded along with the
17 original payroll to the Director of Central Management
18 Services, State Comptroller, and other officer receiving the
19 original certified payroll for transmittal to the board.
20 (b) Each employer, in drawing warrants or checks against
21 trust or federal funds for items of salary on payroll
22 vouchers certified by employers, shall draw such warrants or
23 checks to participating employees for the amount of cash
24 salary or wages specified for the period, and shall draw a
25 warrant or check to this system for the total of the
26 contributions required under Section 15-157. The warrant or
27 check drawn to this system, together with the additional copy
28 of the payroll supplied by the employer, shall be transmitted
29 immediately to the board.
30 (c) The City of Champaign and the City of Urbana, as
31 employers of persons who participate in this System pursuant
32 to subsection (h) of Section 15-107, shall each collect and
33 transmit to the System from each payroll the employee
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1 contributions required under Section 15-157, together with
2 such payroll documentation as the Board may require, at the
3 time that the payroll is paid.
4 (Source: P.A. 90-576, eff. 3-31-98.)
5 Section 55. The School Code is amended by changing
6 Section 27-9 as follows:
7 (105 ILCS 5/27-9) (from Ch. 122, par. 27-9)
8 Sec. 27-9. Training teachers to teach physical education.
9 The curriculum in all State universities shall contain
10 courses in methods and materials of physical education and
11 training for teachers. No student or elementary school
12 teacher shall be graduated from such a university who has not
13 had a minimum of 1 course in methods and materials in the
14 teaching of physical education and training.
15 (Source: Laws 1961, p. 31.)
16 Section 70. The Illinois Fertilizer Act of 1961 is
17 amended by changing Section 6b as follows:
18 (505 ILCS 80/6b) (from Ch. 5, par. 55.6b)
19 Sec. 6b. The amount annually deposited in the Fertilizer
20 Control Fund shall be appropriated for the operation of the
21 Fertilizer Research and Education Program. These moneys The
22 monies appropriated to the Department shall be used for
23 expenses consistent with carrying out the purpose and intent
24 of the program, which include council expenses, peer review,
25 and contracts grants to persons for research or education
26 projects and costs associated with general operating
27 expenses, such as administrative support, travel,
28 commodities, and printing. The Department shall receive be
29 entitled to apply up to 3% of the annual amount deposited in
30 the Fertilizer Control Fund for operating expenses.
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1 (Source: P.A. 86-232; 87-14.)
2 Section 73. The Unified Code of Corrections is amended
3 by changing Section 3-2-5 as follows:
4 (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
5 Sec. 3-2-5. Organization of the Department.
6 (a) There shall be an Adult Division within the
7 Department which shall be administered by an Assistant
8 Director appointed by the Governor under The Civil
9 Administrative Code of Illinois. The Assistant Director shall
10 be under the direction of the Director. The Adult Division
11 shall be responsible for all persons committed or transferred
12 to the Department under Sections 3-10-7 or 5-8-6 of this
13 Code.
14 (b) There shall be a Juvenile Division within the
15 Department which shall be administered by an Assistant
16 Director appointed by the Governor under The Civil
17 Administrative Code of Illinois. The Assistant Director shall
18 be under the direction of the Director. The Juvenile Division
19 shall be responsible for all persons committed to the
20 Juvenile Division of the Department under Section 5-8-6 of
21 this Code or Section 5-10 of the Juvenile Court Act or
22 Section 5-750 of the Juvenile Court Act of 1987.
23 (Source: P.A. 90-590, eff. 1-1-99.)
24 Section 75. The Whistleblower Reward and Protection Act
25 is amended by changing Section 2 as follows:
26 (740 ILCS 175/2) (from Ch. 127, par. 4102)
27 Sec. 2. Definitions. As used in this Act:
28 (a) "State" means the State of Illinois; any agency of
29 State government; and any of the following entities which may
30 elect to adopt the provisions of this Act by ordinance or
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1 resolution, a copy of which shall be filed with the Attorney
2 General within 30 days of its adoption: the system of State
3 colleges and universities, any school district, any public
4 community college district, any municipality, municipal
5 corporations, units of local government, and any combination
6 of the above under an intergovernmental agreement that
7 includes provisions for a governing body of the agency
8 created by the agreement.
9 (b) "Guard" means the Illinois National Guard.
10 (c) "Investigation" means any inquiry conducted by any
11 investigator for the purpose of ascertaining whether any
12 person is or has been engaged in any violation of this Act.
13 (d) "Investigator" means a person who is charged by the
14 Department of State Police with the duty of conducting any
15 investigation under this Act, or any officer or employee of
16 the State acting under the direction and supervision of the
17 Department of State Police, through the Division of
18 Operations Criminal Investigation or the Division of Internal
19 Investigation, in the course of with an investigation.
20 (e) "Documentary material" includes the original or any
21 copy of any book, record, report, memorandum, paper,
22 communication, tabulation, chart, or other document, or data
23 compilations stored in or accessible through computer or
24 other information retrieval systems, together with
25 instructions and all other materials necessary to use or
26 interpret such data compilations, and any product of
27 discovery.
28 (f) "Custodian" means the custodian, or any deputy
29 custodian, designated by the Attorney General under
30 subsection (i)(1) of Section 6.
31 (g) "Product of discovery" includes:
32 (1) the original or duplicate of any deposition,
33 interrogatory, document, thing, result of the inspection
34 of land or other property, examination, or admission,
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1 which is obtained by any method of discovery in any
2 judicial or administrative proceeding of an adversarial
3 nature;
4 (2) any digest, analysis, selection, compilation,
5 or derivation of any item listed in paragraph (1); and
6 (3) any index or other manner of access to any item
7 listed in paragraph (1).
8 (Source: P.A. 89-260, eff. 1-1-96.)
9 (20 ILCS 2310/2310-220 rep.)
10 (20 ILCS 2310/2310-375 rep.)
11 (20 ILCS 2310/2310-545 rep.)
12 Section 80. The Department of Public Health Powers and
13 Duties Law of the Civil Administrative Code of Illinois is
14 amended by repealing Sections 2310-220, 2310-375, and
15 2310-545.
16 (110 ILCS 915/9 rep.)
17 Section 85. The Baccalaureate Assistance Law for
18 Registered Nurses is amended by repealing Section 9.
19 (110 ILCS 925/4.03b rep.)
20 Section 90. The Dental Student Grant Act is amended by
21 repealing Section 4.03b.
22 (210 ILCS 85/6.05 rep.)
23 (210 ILCS 85/9.1 rep.)
24 Section 95. The Hospital Licensing Act is amended by
25 repealing Sections 6.05 and 9.1.
-31- LRB9111609JMprB
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 2605/2605-25 was 20 ILCS 2605/55a-1
4 20 ILCS 2605/2605-30 was 20 ILCS 2605/55a-2
5 20 ILCS 2605/2605-35 was 20 ILCS 2605/55a-3
6 20 ILCS 2605/2605-40 was 20 ILCS 2605/55a-4
7 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
8 20 ILCS 2605/2605-220 was 20 ILCS 2605/55a-7
9 20 ILCS 2605/2605-250 was 20 ILCS 2605/55a in part
10 20 ILCS 2605/2605-377 was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-380 was 20 ILCS 2605/55a-8
12 30 ILCS 105/8.3 from Ch. 127, par. 144.3
13 30 ILCS 405/4a from Ch. 127, par. 454a
14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
15 40 ILCS 5/15-181 from Ch. 108 1/2, par. 15-181
16 105 ILCS 5/27-9 from Ch. 122, par. 27-9
17 505 ILCS 80/6b from Ch. 5, par. 55.6b
18 730 ILCS 5/3-2-5 from Ch. 38, par. 1003-2-5
19 740 ILCS 175/2 from Ch. 127, par. 4102
20 20 ILCS 2310/2310-220 rep.
21 20 ILCS 2310/2310-375 rep.
22 20 ILCS 2310/2310-545 rep.
23 110 ILCS 915/9 rep.
24 110 ILCS 925/4.03b rep.
25 210 ILCS 85/6.05 rep.
26 210 ILCS 85/9.1 rep.