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91_SB1841enr SB1841 Enrolled LRB9111609JMprB 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 4513 divisions: the Division of OperationsState Troopers, the14Division 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 OperationsState Troopersshall 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 SB1841 Enrolled -2- LRB9111609JMprB 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 OperationsCriminal Investigation13 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. SB1841 Enrolled -3- LRB9111609JMprB 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 OperationsCriminal Investigationthe 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. SB1841 Enrolled -4- LRB9111609JMprB 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 duties21vested by law in the Department by the Firearm Owners22Identification 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, SB1841 Enrolled -5- LRB9111609JMprB 1 Chicago, and elsewhere in the State as needed.; and2 (7)7.Subject to specific appropriations made for 3 these purposes,toestablish 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 SB1841 Enrolled -6- LRB9111609JMprB 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 OperationsCriminal7Investigation, 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 OperationsCriminal23Investigationfor 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. SB1841 Enrolled -7- LRB9111609JMprB 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) CoordinateOperate aState 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 SB1841 Enrolled -8- LRB9111609JMprB 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 SB1841 Enrolled -9- LRB9111609JMprB 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 SB1841 Enrolled -10- LRB9111609JMprB 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 20State 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 SB1841 Enrolled -11- LRB9111609JMprB 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 OperationsState 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 SB1841 Enrolled -12- LRB9111609JMprB 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 SB1841 Enrolled -13- LRB9111609JMprB 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 50. The Illinois Pension Code is amended by 32 changing Section 14-110 as follows: SB1841 Enrolled -14- LRB9111609JMprB 1 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110) 2 Sec. 14-110. Alternative retirement annuity. 3 (a) Any member who has withdrawn from service with not 4 less than 20 years of eligible creditable service and has 5 attained age 55, and any member who has withdrawn from 6 service with not less than 25 years of eligible creditable 7 service and has attained age 50, regardless of whether the 8 attainment of either of the specified ages occurs while the 9 member is still in service, shall be entitled to receive at 10 the option of the member, in lieu of the regular or minimum 11 retirement annuity, a retirement annuity computed as 12 follows: 13 (i) for periods of service as a noncovered 14 employee, 2 1/4% of final average compensation for each 15 of the first 10 years of creditable service, 2 1/2% for 16 each year above 10 years to and including 20 years of 17 creditable service, and 2 3/4% for each year of 18 creditable service above 20 years; and 19 (ii) for periods of eligible creditable service as 20 a covered employee, 1.67% of final average compensation 21 for each of the first 10 years of such service, 1.90% for 22 each of the next 10 years of such service, 2.10% for each 23 year of such service in excess of 20 but not exceeding 24 30, and 2.30% for each year in excess of 30. 25 Such annuity shall be subject to a maximum of 75% of 26 final average compensation. These rates shall not be 27 applicable to any service performed by a member as a covered 28 employee which is not eligible creditable service. Service 29 as a covered employee which is not eligible creditable 30 service shall be subject to the rates and provisions of 31 Section 14-108. 32 (b) For the purpose of this Section, "eligible 33 creditable service" means creditable service resulting from 34 service in one or more of the following positions: SB1841 Enrolled -15- LRB9111609JMprB 1 (1) State policeman; 2 (2) fire fighter in the fire protection service of 3 a department; 4 (3) air pilot; 5 (4) special agent; 6 (5) investigator for the Secretary of State; 7 (6) conservation police officer; 8 (7) investigator for the Department of Revenue; 9 (8) security employee of the Department of Human 10 Services; 11 (9) Central Management Services security police 12 officer; 13 (10) security employee of the Department of 14 Corrections; 15 (11) dangerous drugs investigator; 16 (12) investigator for the Department of State 17 Police; 18 (13) investigator for the Office of the Attorney 19 General; 20 (14) controlled substance inspector; 21 (15) investigator for the Office of the State's 22 Attorneys Appellate Prosecutor; 23 (16) Commerce Commission police officer; 24 (17) arson investigator. 25 A person employed in one of the positions specified in 26 this subsection is entitled to eligible creditable service 27 for service credit earned under this Article while undergoing 28 the basic police training course approved by the Illinois Law 29 Enforcement Training Standards Board, if completion of that 30 training is required of persons serving in that position. 31 For the purposes of this Code, service during the required 32 basic police training course shall be deemed performance of 33 the duties of the specified position, even though the person 34 is not a sworn peace officer at the time of the training. SB1841 Enrolled -16- LRB9111609JMprB 1 (c) For the purposes of this Section: 2 (1) The term "state policeman" includes any title 3 or position in the Department of State Police that is 4 held by an individual employed under the State Police 5 Act. 6 (2) The term "fire fighter in the fire protection 7 service of a department" includes all officers in such 8 fire protection service including fire chiefs and 9 assistant fire chiefs. 10 (3) The term "air pilot" includes any employee 11 whose official job description on file in the Department 12 of Central Management Services, or in the department by 13 which he is employed if that department is not covered by 14 the Personnel Code, states that his principal duty is the 15 operation of aircraft, and who possesses a pilot's 16 license; however, the change in this definition made by 17 this amendatory Act of 1983 shall not operate to exclude 18 any noncovered employee who was an "air pilot" for the 19 purposes of this Section on January 1, 1984. 20 (4) The term "special agent" means any person who 21 by reason of employment by the Division of Narcotic 22 Control, the Bureau of Investigation or, after July 1, 23 1977, the Division of Criminal Investigation, the 24 Division of Internal Investigation, the Division of 25 Operations, or any other Division or organizational 26 entity in the Department of State Police is vested by law 27 with duties to maintain public order, investigate 28 violations of the criminal law of this State, enforce the 29 laws of this State, make arrests and recover property. 30 The term "special agent" includes any title or position 31 in the Department of State Police that is held by an 32 individual employed under the State Police Act. 33 (5) The term "investigator for the Secretary of 34 State" means any person employed by the Office of the SB1841 Enrolled -17- LRB9111609JMprB 1 Secretary of State and vested with such investigative 2 duties as render him ineligible for coverage under the 3 Social Security Act by reason of Sections 218(d)(5)(A), 4 218(d)(8)(D) and 218(l)(1) of that Act. 5 A person who became employed as an investigator for 6 the Secretary of State between January 1, 1967 and 7 December 31, 1975, and who has served as such until 8 attainment of age 60, either continuously or with a 9 single break in service of not more than 3 years 10 duration, which break terminated before January 1, 1976, 11 shall be entitled to have his retirement annuity 12 calculated in accordance with subsection (a), 13 notwithstanding that he has less than 20 years of credit 14 for such service. 15 (6) The term "Conservation Police Officer" means 16 any person employed by the Division of Law Enforcement of 17 the Department of Natural Resources and vested with such 18 law enforcement duties as render him ineligible for 19 coverage under the Social Security Act by reason of 20 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of 21 that Act. The term "Conservation Police Officer" 22 includes the positions of Chief Conservation Police 23 Administrator and Assistant Conservation Police 24 Administrator. 25 (7) The term "investigator for the Department of 26 Revenue" means any person employed by the Department of 27 Revenue and vested with such investigative duties as 28 render him ineligible for coverage under the Social 29 Security Act by reason of Sections 218(d)(5)(A), 30 218(d)(8)(D) and 218(l)(1) of that Act. 31 (8) The term "security employee of the Department 32 of Human Services" means any person employed by the 33 Department of Human Services who is employed at the 34 Chester Mental Health Center and has daily contact with SB1841 Enrolled -18- LRB9111609JMprB 1 the residents thereof, or who is a mental health police 2 officer. "Mental health police officer" means any person 3 employed by the Department of Human Services in a 4 position pertaining to the Department's mental health and 5 developmental disabilities functions who is vested with 6 such law enforcement duties as render the person 7 ineligible for coverage under the Social Security Act by 8 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 9 218(l)(1) of that Act. 10 (9) "Central Management Services security police 11 officer" means any person employed by the Department of 12 Central Management Services who is vested with such law 13 enforcement duties as render him ineligible for coverage 14 under the Social Security Act by reason of Sections 15 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 16 (10) The term "security employee of the Department 17 of Corrections" means any employee of the Department of 18 Corrections or the former Department of Personnel, and 19 any member or employee of the Prisoner Review Board, who 20 has daily contact with inmates by working within a 21 correctional facility or who is a parole officer or an 22 employee who has direct contact with committed persons in 23 the performance of his or her job duties. 24 (11) The term "dangerous drugs investigator" means 25 any person who is employed as such by the Department of 26 Human Services. 27 (12) The term "investigator for the Department of 28 State Police" means a person employed by the Department 29 of State Police who is vested under Section 4 of the 30 Narcotic Control Division Abolition Act with such law 31 enforcement powers as render him ineligible for coverage 32 under the Social Security Act by reason of Sections 33 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 34 (13) "Investigator for the Office of the Attorney SB1841 Enrolled -19- LRB9111609JMprB 1 General" means any person who is employed as such by the 2 Office of the Attorney General and is vested with such 3 investigative duties as render him ineligible for 4 coverage under the Social Security Act by reason of 5 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that 6 Act. For the period before January 1, 1989, the term 7 includes all persons who were employed as investigators 8 by the Office of the Attorney General, without regard to 9 social security status. 10 (14) "Controlled substance inspector" means any 11 person who is employed as such by the Department of 12 Professional Regulation and is vested with such law 13 enforcement duties as render him ineligible for coverage 14 under the Social Security Act by reason of Sections 15 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 16 The term "controlled substance inspector" includes the 17 Program Executive of Enforcement and the Assistant 18 Program Executive of Enforcement. 19 (15) The term "investigator for the Office of the 20 State's Attorneys Appellate Prosecutor" means a person 21 employed in that capacity on a full time basis under the 22 authority of Section 7.06 of the State's Attorneys 23 Appellate Prosecutor's Act. 24 (16) "Commerce Commission police officer" means any 25 person employed by the Illinois Commerce Commission who 26 is vested with such law enforcement duties as render him 27 ineligible for coverage under the Social Security Act by 28 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 29 218(l)(1) of that Act. 30 (17) "Arson investigator" means any person who is 31 employed as such by the Office of the State Fire Marshal 32 and is vested with such law enforcement duties as render 33 the person ineligible for coverage under the Social 34 Security Act by reason of Sections 218(d)(5)(A), SB1841 Enrolled -20- LRB9111609JMprB 1 218(d)(8)(D), and 218(l)(1) of that Act. A person who 2 was employed as an arson investigator on January 1, 1995 3 and is no longer in service but not yet receiving a 4 retirement annuity may convert his or her creditable 5 service for employment as an arson investigator into 6 eligible creditable service by paying to the System the 7 difference between the employee contributions actually 8 paid for that service and the amounts that would have 9 been contributed if the applicant were contributing at 10 the rate applicable to persons with the same social 11 security status earning eligible creditable service on 12 the date of application. 13 (d) A security employee of the Department of 14 Corrections, and a security employee of the Department of 15 Human Services who is not a mental health police officer, 16 shall not be eligible for the alternative retirement annuity 17 provided by this Section unless he or she meets the following 18 minimum age and service requirements at the time of 19 retirement: 20 (i) 25 years of eligible creditable service and age 21 55; or 22 (ii) beginning January 1, 1987, 25 years of 23 eligible creditable service and age 54, or 24 years of 24 eligible creditable service and age 55; or 25 (iii) beginning January 1, 1988, 25 years of 26 eligible creditable service and age 53, or 23 years of 27 eligible creditable service and age 55; or 28 (iv) beginning January 1, 1989, 25 years of 29 eligible creditable service and age 52, or 22 years of 30 eligible creditable service and age 55; or 31 (v) beginning January 1, 1990, 25 years of eligible 32 creditable service and age 51, or 21 years of eligible 33 creditable service and age 55; or 34 (vi) beginning January 1, 1991, 25 years of SB1841 Enrolled -21- LRB9111609JMprB 1 eligible creditable service and age 50, or 20 years of 2 eligible creditable service and age 55. 3 Persons who have service credit under Article 16 of this 4 Code for service as a security employee of the Department of 5 Corrections in a position requiring certification as a 6 teacher may count such service toward establishing their 7 eligibility under the service requirements of this Section; 8 but such service may be used only for establishing such 9 eligibility, and not for the purpose of increasing or 10 calculating any benefit. 11 (e) If a member enters military service while working in 12 a position in which eligible creditable service may be 13 earned, and returns to State service in the same or another 14 such position, and fulfills in all other respects the 15 conditions prescribed in this Article for credit for military 16 service, such military service shall be credited as eligible 17 creditable service for the purposes of the retirement annuity 18 prescribed in this Section. 19 (f) For purposes of calculating retirement annuities 20 under this Section, periods of service rendered after 21 December 31, 1968 and before October 1, 1975 as a covered 22 employee in the position of special agent, conservation 23 police officer, mental health police officer, or investigator 24 for the Secretary of State, shall be deemed to have been 25 service as a noncovered employee, provided that the employee 26 pays to the System prior to retirement an amount equal to (1) 27 the difference between the employee contributions that would 28 have been required for such service as a noncovered employee, 29 and the amount of employee contributions actually paid, plus 30 (2) if payment is made after July 31, 1987, regular interest 31 on the amount specified in item (1) from the date of service 32 to the date of payment. 33 For purposes of calculating retirement annuities under 34 this Section, periods of service rendered after December 31, SB1841 Enrolled -22- LRB9111609JMprB 1 1968 and before January 1, 1982 as a covered employee in the 2 position of investigator for the Department of Revenue shall 3 be deemed to have been service as a noncovered employee, 4 provided that the employee pays to the System prior to 5 retirement an amount equal to (1) the difference between the 6 employee contributions that would have been required for such 7 service as a noncovered employee, and the amount of employee 8 contributions actually paid, plus (2) if payment is made 9 after January 1, 1990, regular interest on the amount 10 specified in item (1) from the date of service to the date of 11 payment. 12 (g) A State policeman may elect, not later than January 13 1, 1990, to establish eligible creditable service for up to 14 10 years of his service as a policeman under Article 3, by 15 filing a written election with the Board, accompanied by 16 payment of an amount to be determined by the Board, equal to 17 (i) the difference between the amount of employee and 18 employer contributions transferred to the System under 19 Section 3-110.5, and the amounts that would have been 20 contributed had such contributions been made at the rates 21 applicable to State policemen, plus (ii) interest thereon at 22 the effective rate for each year, compounded annually, from 23 the date of service to the date of payment. 24 Subject to the limitation in subsection (i), a State 25 policeman may elect, not later than July 1, 1993, to 26 establish eligible creditable service for up to 10 years of 27 his service as a member of the County Police Department under 28 Article 9, by filing a written election with the Board, 29 accompanied by payment of an amount to be determined by the 30 Board, equal to (i) the difference between the amount of 31 employee and employer contributions transferred to the System 32 under Section 9-121.10 and the amounts that would have been 33 contributed had those contributions been made at the rates 34 applicable to State policemen, plus (ii) interest thereon at SB1841 Enrolled -23- LRB9111609JMprB 1 the effective rate for each year, compounded annually, from 2 the date of service to the date of payment. 3 (h) Subject to the limitation in subsection (i), a State 4 policeman or investigator for the Secretary of State may 5 elect to establish eligible creditable service for up to 12 6 years of his service as a policeman under Article 5, by 7 filing a written election with the Board on or before January 8 31, 1992, and paying to the System by January 31, 1994 an 9 amount to be determined by the Board, equal to (i) the 10 difference between the amount of employee and employer 11 contributions transferred to the System under Section 5-236, 12 and the amounts that would have been contributed had such 13 contributions been made at the rates applicable to State 14 policemen, plus (ii) interest thereon at the effective rate 15 for each year, compounded annually, from the date of service 16 to the date of payment. 17 Subject to the limitation in subsection (i), a State 18 policeman, conservation police officer, or investigator for 19 the Secretary of State may elect to establish eligible 20 creditable service for up to 10 years of service as a 21 sheriff's law enforcement employee under Article 7, by filing 22 a written election with the Board on or before January 31, 23 1993, and paying to the System by January 31, 1994 an amount 24 to be determined by the Board, equal to (i) the difference 25 between the amount of employee and employer contributions 26 transferred to the System under Section 7-139.7, and the 27 amounts that would have been contributed had such 28 contributions been made at the rates applicable to State 29 policemen, plus (ii) interest thereon at the effective rate 30 for each year, compounded annually, from the date of service 31 to the date of payment. 32 (i) The total amount of eligible creditable service 33 established by any person under subsections (g), (h), (j), 34 (k), and (l) of this Section shall not exceed 12 years. SB1841 Enrolled -24- LRB9111609JMprB 1 (j) Subject to the limitation in subsection (i), an 2 investigator for the Office of the State's Attorneys 3 Appellate Prosecutor or a controlled substance inspector may 4 elect to establish eligible creditable service for up to 10 5 years of his service as a policeman under Article 3 or a 6 sheriff's law enforcement employee under Article 7, by filing 7 a written election with the Board, accompanied by payment of 8 an amount to be determined by the Board, equal to (1) the 9 difference between the amount of employee and employer 10 contributions transferred to the System under Section 3-110.6 11 or 7-139.8, and the amounts that would have been contributed 12 had such contributions been made at the rates applicable to 13 State policemen, plus (2) interest thereon at the effective 14 rate for each year, compounded annually, from the date of 15 service to the date of payment. 16 (k) Subject to the limitation in subsection (i) of this 17 Section, an alternative formula employee may elect to 18 establish eligible creditable service for periods spent as a 19 full-time law enforcement officer or full-time corrections 20 officer employed by the federal government or by a state or 21 local government located outside of Illinois, for which 22 credit is not held in any other public employee pension fund 23 or retirement system. To obtain this credit, the applicant 24 must file a written application with the Board by March 31, 25 1998, accompanied by evidence of eligibility acceptable to 26 the Board and payment of an amount to be determined by the 27 Board, equal to (1) employee contributions for the credit 28 being established, based upon the applicant's salary on the 29 first day as an alternative formula employee after the 30 employment for which credit is being established and the 31 rates then applicable to alternative formula employees, plus 32 (2) an amount determined by the Board to be the employer's 33 normal cost of the benefits accrued for the credit being 34 established, plus (3) regular interest on the amounts in SB1841 Enrolled -25- LRB9111609JMprB 1 items (1) and (2) from the first day as an alternative 2 formula employee after the employment for which credit is 3 being established to the date of payment. 4 (l) Subject to the limitation in subsection (i), a 5 security employee of the Department of Corrections may elect, 6 not later than July 1, 1998, to establish eligible creditable 7 service for up to 10 years of his or her service as a 8 policeman under Article 3, by filing a written election with 9 the Board, accompanied by payment of an amount to be 10 determined by the Board, equal to (i) the difference between 11 the amount of employee and employer contributions transferred 12 to the System under Section 3-110.5, and the amounts that 13 would have been contributed had such contributions been made 14 at the rates applicable to security employees of the 15 Department of Corrections, plus (ii) interest thereon at the 16 effective rate for each year, compounded annually, from the 17 date of service to the date of payment. 18 (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99.) 19 Section 75. The Whistleblower Reward and Protection Act 20 is amended by changing Section 2 as follows: 21 (740 ILCS 175/2) (from Ch. 127, par. 4102) 22 Sec. 2. Definitions. As used in this Act: 23 (a) "State" means the State of Illinois; any agency of 24 State government; and any of the following entities which may 25 elect to adopt the provisions of this Act by ordinance or 26 resolution, a copy of which shall be filed with the Attorney 27 General within 30 days of its adoption: the system of State 28 colleges and universities, any school district, any public 29 community college district, any municipality, municipal 30 corporations, units of local government, and any combination 31 of the above under an intergovernmental agreement that 32 includes provisions for a governing body of the agency SB1841 Enrolled -26- LRB9111609JMprB 1 created by the agreement. 2 (b) "Guard" means the Illinois National Guard. 3 (c) "Investigation" means any inquiry conducted by any 4 investigator for the purpose of ascertaining whether any 5 person is or has been engaged in any violation of this Act. 6 (d) "Investigator" means a person who is charged by the 7 Department of State Police with the duty of conducting any 8 investigation under this Act, or any officer or employee of 9 the State acting under the direction and supervision of the 10 Department of State Police, through the Division of 11 OperationsCriminal Investigationor the Division of Internal 12 Investigation, in the course ofwithan investigation. 13 (e) "Documentary material" includes the original or any 14 copy of any book, record, report, memorandum, paper, 15 communication, tabulation, chart, or other document, or data 16 compilations stored in or accessible through computer or 17 other information retrieval systems, together with 18 instructions and all other materials necessary to use or 19 interpret such data compilations, and any product of 20 discovery. 21 (f) "Custodian" means the custodian, or any deputy 22 custodian, designated by the Attorney General under 23 subsection (i)(1) of Section 6. 24 (g) "Product of discovery" includes: 25 (1) the original or duplicate of any deposition, 26 interrogatory, document, thing, result of the inspection 27 of land or other property, examination, or admission, 28 which is obtained by any method of discovery in any 29 judicial or administrative proceeding of an adversarial 30 nature; 31 (2) any digest, analysis, selection, compilation, 32 or derivation of any item listed in paragraph (1); and 33 (3) any index or other manner of access to any item 34 listed in paragraph (1). SB1841 Enrolled -27- LRB9111609JMprB 1 (Source: P.A. 89-260, eff. 1-1-96.) SB1841 Enrolled -28- 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 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 14 740 ILCS 175/2 from Ch. 127, par. 4102