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92_HB1640sam001
LRB9203431JMmbam01
1 AMENDMENT TO HOUSE BILL 1640
2 AMENDMENT NO. . Amend House Bill 1640 by replacing
3 the title with the following:
4 "AN ACT in relation to State government."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The State Budget Law of the Civil
8 Administrative Code of Illinois is amended by changing
9 Section 50-15 as follows:
10 (15 ILCS 20/50-15) (was 15 ILCS 20/38.2)
11 Sec. 50-15. Department accountability reports; Budget
12 Advisory Panel.
13 (a) Beginning in the fiscal year which begins July 1,
14 1992, each department of State government as listed in
15 Section 5-15 of the Departments of State Government Law (20
16 ILCS 5/5-15) shall submit an annual accountability report to
17 the Bureau of the Budget at times designated by the Director
18 of the Bureau of the Budget. Each accountability report shall
19 be designed to assist the Bureau of the Budget in its duties
20 under Sections 2.2 and 2.3 of the Bureau of the Budget Act
21 and shall measure the department's performance based on
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1 criteria, goals, and objectives established by the department
2 with the oversight and assistance of the Bureau of the
3 Budget. Each department shall also submit interim progress
4 reports at times designated by the Director of the Bureau of
5 the Budget.
6 (b) (Blank). There is created a Budget Advisory Panel,
7 consisting of 10 representatives of private business and
8 industry appointed 2 each by the Governor, the President of
9 the Senate, the Minority Leader of the Senate, the Speaker of
10 the House of Representatives, and the Minority Leader of the
11 House of Representatives. The Budget Advisory Panel shall
12 aid the Bureau of the Budget in the establishment of the
13 criteria, goals, and objectives by the departments for use in
14 measuring their performance in accountability reports. The
15 Budget Advisory Panel shall also assist the Bureau of the
16 Budget in reviewing accountability reports and assessing the
17 effectiveness of each department's performance measures. The
18 Budget Advisory Panel shall submit to the Bureau of the
19 Budget a report of its activities and recommendations for
20 change in the procedures established in subsection (a) at the
21 time designated by the Director of the Bureau of the Budget,
22 but in any case no later than the third Friday of each
23 November.
24 (c) The Director of the Bureau of the Budget shall
25 select not more than 3 departments for a pilot program
26 implementing the procedures of subsection (a) for budget
27 requests for the fiscal years beginning July 1, 1990 and July
28 1, 1991, and each of the departments elected shall submit
29 accountability reports for those fiscal years.
30 By April 1, 1991, the Bureau of the Budget with the
31 assistance of the Budget Advisory Panel shall recommend in
32 writing to the Governor any changes in the budget review
33 process established pursuant to this Section suggested by its
34 evaluation of the pilot program. The Governor shall submit
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1 changes to the budget review process that the Governor plans
2 to adopt, based on the report, to the President and Minority
3 Leader of the Senate and the Speaker and Minority Leader of
4 the House of Representatives.
5 (Source: P.A. 91-239, eff. 1-1-00.)
6 (20 ILCS 230/15 rep.)
7 Section 15. The Biotechnology Sector Development Act is
8 amended by repealing Section 15.
9 Section 25. The Department of Central Management
10 Services Law of the Civil Administrative Code of Illinois is
11 amended by changing Section 405-500 as follows:
12 (20 ILCS 405/405-500)
13 Sec. 405-500. Matters relating to the Office of the
14 Lieutenant Governor.
15 (a) It is the purpose of this Section to provide for the
16 administration of the affairs of the Office of the Lieutenant
17 Governor during a period when the Office of Lieutenant
18 Governor is vacant.
19 It is the intent of the General Assembly that all powers
20 and duties of the Lieutenant Governor assumed and exercised
21 by the Director of Central Management Services, the
22 Department of Central Management Services, or another
23 Director, State employee, or State agency designated by the
24 Governor under the provisions of Public Act 90-609 be
25 reassumed by the Lieutenant Governor on January 11, 1999.
26 (b) Until January 11, 1999, while the office of
27 Lieutenant Governor is vacant, the Director of Central
28 Management Services shall assume and exercise the powers and
29 duties given to the Lieutenant Governor under the Illinois
30 Commission on Community Service Act, Section 46.53 of the
31 Civil Administrative Code of Illinois (renumbered; now
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1 Section 605-75 of the Department of Commerce and Community
2 Affairs Law, 20 ILCS 605/605-75) (relating to the Keep
3 Illinois Beautiful program), Section 12-1 of the State
4 Finance Act, and the Gifts and Grants to Government Act, and
5 the Illinois Distance Learning Foundation Act.
6 The Director of Central Management Services shall not
7 assume or exercise the powers and duties given to the
8 Lieutenant Governor under the Rural Bond Bank Act.
9 (c) Until January 11, 1999, while the office of
10 Lieutenant Governor is vacant, the Department of Central
11 Management Services shall assume and exercise the powers and
12 duties given to the Office of the Lieutenant Governor under
13 Section 2-3.112 of the School Code, the Illinois River
14 Watershed Restoration Act, the Illinois Wildlife Prairie Park
15 Act, and Section 12-1 of the State Finance Act, and the
16 Illinois Distance Learning Foundation Act.
17 (c-5) Notwithstanding subsection (c): (i) the Governor
18 shall appoint an interim member, who shall be interim
19 chairperson, of the Illinois River Coordinating Council while
20 the office of the Lieutenant Governor is vacant until January
21 11, 1999 and (ii) the Governor shall appoint an interim
22 member, who shall be interim chairperson, of the Illinois
23 Wildlife Prairie Park Commission while the office of the
24 Lieutenant Governor is vacant until January 11, 1999.
25 (d) Until January 11, 1999, while the office of
26 Lieutenant Governor is vacant, the Department of Central
27 Management Services may assume and exercise the powers and
28 duties that have been delegated to the Lieutenant Governor by
29 the Governor.
30 (e) Until January 11, 1999, while the office of
31 Lieutenant Governor is vacant, appropriations to the Office
32 of the Lieutenant Governor may be obligated and expended by
33 the Department of Central Management Services, with the
34 authorization of the Director of Central Management Services,
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1 for the purposes specified in those appropriations. These
2 obligations and expenditures shall continue to be accounted
3 for as obligations and expenditures of the Office of the
4 Lieutenant Governor.
5 (f) Until January 11, 1999, while the office of
6 Lieutenant Governor is vacant, all employees of the Office of
7 the Lieutenant Governor who are needed to carry out the
8 responsibilities of the Office are temporarily reassigned to
9 the Department of Central Management Services. This
10 reassignment shall not be deemed to constitute new employment
11 or to change the terms or conditions of employment or the
12 qualifications required of the employees, except that the
13 reassigned employees shall be subject to supervision by the
14 Department during the temporary reassignment period.
15 (g) Until January 11, 1999, while the office of
16 Lieutenant Governor is vacant, the Department of Central
17 Management Services shall temporarily assume and exercise the
18 powers and duties of the Office of the Lieutenant Governor
19 under contracts to which the Office of the Lieutenant
20 Governor is a party. The assumption of rights and duties
21 under this subsection shall not be deemed to change the terms
22 or conditions of the contract.
23 The Department of Central Management Services may amend,
24 extend, or terminate any such contract in accordance with its
25 terms; may agree to terminate a contract at the request of
26 the other party; and may, with the approval of the Governor,
27 enter into new contracts on behalf of the Office of the
28 Lieutenant Governor.
29 (h) The Governor may designate a State employee or
30 director other than the Director of Central Management
31 Services or a State agency other than the Department of
32 Central Management Services to assume and exercise any
33 particular power or duty that would otherwise be assumed and
34 exercised by the Director of Central Management Services or
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1 the Department of Central Management Services under
2 subsection (b), (c), or (d) of this Section.
3 Except as provided below, if the Governor designates a
4 State employee or director other than the Director of Central
5 Management Services or a State agency other than the
6 Department of Central Management Services, that person or
7 agency shall be responsible for those duties set forth in
8 subsections (e), (f), and (g) that directly relate to the
9 designation of duties under subsections (b), (c), and (d).
10 If the Governor's designation relates to duties of the
11 Commission on Community Service or the Distance Learning
12 Foundation, the Director of Central Management Services and
13 the Department of Central Management Services may, if so
14 directed by the Governor, continue to be responsible for
15 those duties set forth in subsections (e), (f), and (g)
16 relating to that designation.
17 (i) Business transacted under the authority of this
18 Section by entities other than the Office of the Lieutenant
19 Governor shall be transacted on behalf of and in the name of
20 the Office of the Lieutenant Governor. Property of the
21 Office of the Lieutenant Governor shall remain the property
22 of that Office and may continue to be used by persons
23 performing the functions of that Office during the vacancy
24 period, except as otherwise directed by the Governor.
25 (Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)
26 Section 30. The Illinois State Auditing Act is amended
27 by changing Section 3-1 as follows:
28 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
29 (Text of Section before amendment by P.A. 91-935)
30 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
31 General has jurisdiction over all State agencies to make post
32 audits and investigations authorized by or under this Act or
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1 the Constitution.
2 The Auditor General has jurisdiction over local
3 government agencies and private agencies only:
4 (a) to make such post audits authorized by or under
5 this Act as are necessary and incidental to a post audit
6 of a State agency or of a program administered by a State
7 agency involving public funds of the State, but this
8 jurisdiction does not include any authority to review
9 local governmental agencies in the obligation, receipt,
10 expenditure or use of public funds of the State that are
11 granted without limitation or condition imposed by law,
12 other than the general limitation that such funds be used
13 for public purposes;
14 (b) to make investigations authorized by or under
15 this Act or the Constitution; and
16 (c) to make audits of the records of local
17 government agencies to verify actual costs of
18 state-mandated programs when directed to do so by the
19 Legislative Audit Commission at the request of the State
20 Board of Appeals under the State Mandates Act.
21 In addition to the foregoing, the Auditor General may
22 conduct an audit of the Metropolitan Pier and Exposition
23 Authority, the Regional Transportation Authority, the
24 Suburban Bus Division, the Commuter Rail Division and the
25 Chicago Transit Authority and any other subsidized carrier
26 when authorized by the Legislative Audit Commission. Such
27 audit may be a financial, management or program audit, or any
28 combination thereof.
29 The audit shall determine whether they are operating in
30 accordance with all applicable laws and regulations. Subject
31 to the limitations of this Act, the Legislative Audit
32 Commission may by resolution specify additional
33 determinations to be included in the scope of the audit.
34 The Auditor General may also conduct an audit, when
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1 authorized by the Legislative Audit Commission, of any
2 hospital which receives 10% or more of its gross revenues
3 from payments from the State of Illinois, Department of
4 Public Aid, Medical Assistance Program.
5 The Auditor General is authorized to conduct financial
6 and compliance audits of the Illinois Distance Learning
7 Foundation and the Illinois Conservation Foundation.
8 As soon as practical after the effective date of this
9 amendatory Act of 1995, the Auditor General shall conduct a
10 compliance and management audit of the City of Chicago and
11 any other entity with regard to the operation of Chicago
12 O'Hare International Airport, Chicago Midway Airport and
13 Merrill C. Meigs Field. The audit shall include, but not be
14 limited to, an examination of revenues, expenses, and
15 transfers of funds; purchasing and contracting policies and
16 practices; staffing levels; and hiring practices and
17 procedures. When completed, the audit required by this
18 paragraph shall be distributed in accordance with Section
19 3-14.
20 The Auditor General shall conduct a financial and
21 compliance and program audit of distributions from the
22 Municipal Economic Development Fund during the immediately
23 preceding calendar year pursuant to Section 8-403.1 of the
24 Public Utilities Act at no cost to the city, village, or
25 incorporated town that received the distributions.
26 The Auditor General must conduct an audit of the Health
27 Facilities Planning Board pursuant to Section 19.5 of the
28 Illinois Health Facilities Planning Act.
29 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00.)
30 (Text of Section after amendment by P.A. 91-935)
31 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
32 General has jurisdiction over all State agencies to make post
33 audits and investigations authorized by or under this Act or
34 the Constitution.
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1 The Auditor General has jurisdiction over local
2 government agencies and private agencies only:
3 (a) to make such post audits authorized by or under
4 this Act as are necessary and incidental to a post audit
5 of a State agency or of a program administered by a State
6 agency involving public funds of the State, but this
7 jurisdiction does not include any authority to review
8 local governmental agencies in the obligation, receipt,
9 expenditure or use of public funds of the State that are
10 granted without limitation or condition imposed by law,
11 other than the general limitation that such funds be used
12 for public purposes;
13 (b) to make investigations authorized by or under
14 this Act or the Constitution; and
15 (c) to make audits of the records of local
16 government agencies to verify actual costs of
17 state-mandated programs when directed to do so by the
18 Legislative Audit Commission at the request of the State
19 Board of Appeals under the State Mandates Act.
20 In addition to the foregoing, the Auditor General may
21 conduct an audit of the Metropolitan Pier and Exposition
22 Authority, the Regional Transportation Authority, the
23 Suburban Bus Division, the Commuter Rail Division and the
24 Chicago Transit Authority and any other subsidized carrier
25 when authorized by the Legislative Audit Commission. Such
26 audit may be a financial, management or program audit, or any
27 combination thereof.
28 The audit shall determine whether they are operating in
29 accordance with all applicable laws and regulations. Subject
30 to the limitations of this Act, the Legislative Audit
31 Commission may by resolution specify additional
32 determinations to be included in the scope of the audit.
33 In addition to the foregoing, the Auditor General must
34 also conduct a financial audit of the Illinois Sports
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1 Facilities Authority's expenditures of public funds in
2 connection with the reconstruction, renovation, remodeling,
3 extension, or improvement of all or substantially all of any
4 existing "facility", as that term is defined in the Illinois
5 Sports Facilities Authority Act.
6 The Auditor General may also conduct an audit, when
7 authorized by the Legislative Audit Commission, of any
8 hospital which receives 10% or more of its gross revenues
9 from payments from the State of Illinois, Department of
10 Public Aid, Medical Assistance Program.
11 The Auditor General is authorized to conduct financial
12 and compliance audits of the Illinois Distance Learning
13 Foundation and the Illinois Conservation Foundation.
14 As soon as practical after the effective date of this
15 amendatory Act of 1995, the Auditor General shall conduct a
16 compliance and management audit of the City of Chicago and
17 any other entity with regard to the operation of Chicago
18 O'Hare International Airport, Chicago Midway Airport and
19 Merrill C. Meigs Field. The audit shall include, but not be
20 limited to, an examination of revenues, expenses, and
21 transfers of funds; purchasing and contracting policies and
22 practices; staffing levels; and hiring practices and
23 procedures. When completed, the audit required by this
24 paragraph shall be distributed in accordance with Section
25 3-14.
26 The Auditor General shall conduct a financial and
27 compliance and program audit of distributions from the
28 Municipal Economic Development Fund during the immediately
29 preceding calendar year pursuant to Section 8-403.1 of the
30 Public Utilities Act at no cost to the city, village, or
31 incorporated town that received the distributions.
32 The Auditor General must conduct an audit of the Health
33 Facilities Planning Board pursuant to Section 19.5 of the
34 Illinois Health Facilities Planning Act.
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1 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00;
2 91-935, eff. 6-1-01.)
3 (105 ILCS 40/Act rep.)
4 Section 35. The Illinois Distance Learning Foundation
5 Act is repealed.
6 (20 ILCS 605/605-450 rep.)
7 (20 ILCS 605/605-850 rep.)
8 Section 45. The Department of Commerce and Community
9 Affairs Law of the Civil Administrative Code of Illinois is
10 amended by repealing Sections 605-450 and 605-850.
11 Section 50. The Illinois Emergency Employment
12 Development Act is amended by changing Sections 2, 5, and 9
13 as follows:
14 (20 ILCS 630/2) (from Ch. 48, par. 2402)
15 Sec. 2. For the purposes of this Act, the following
16 words have the meanings ascribed to them in this Section.
17 (a) (Blank). "Coordinator" means the Illinois Emergency
18 Employment Development Coordinator appointed under Section 3.
19 (b) "Eligible business" means a for-profit business.
20 (c) "Eligible employer" means an eligible nonprofit
21 agency, or an eligible business.
22 (d) "Eligible job applicant" means a person who:
23 A. (1) has been a resident of this State for at least
24 one year; and (2) is unemployed; and (3) is not receiving and
25 is not qualified to receive unemployment compensation or
26 workers' compensation; and (4) is determined by the
27 employment administrator to be likely to be available for
28 employment by an eligible employer for the duration of the
29 job; or
30 B. Is otherwise eligible for services under the Job
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1 Training Partnership Act (29 USCA 1501 et seq.).
2 In addition, a farmer who resides in a county qualified
3 under Federal Disaster Relief and who can demonstrate severe
4 financial need may be considered unemployed under this
5 subsection.
6 (e) "Eligible nonprofit agency" means an organization
7 exempt from taxation under the Internal Revenue Code of 1954,
8 Section 501(c)(3).
9 (f) "Employment administrator" means the Manager of the
10 Department of Commerce and Community Affairs Job Training
11 Programs Division or his designee.
12 (g) "Household" means a group of persons living at the
13 same residence consisting of, at a maximum, spouses and the
14 minor children of each.
15 (h) "Program" means the Illinois Emergency Employment
16 Development Program created by this Act consisting of
17 temporary work relief projects in nonprofit agencies and new
18 job creation in the private sector.
19 (i) "Service Delivery Area" means that unit or units of
20 local government designated by the Governor pursuant to Title
21 I, Part A, Section 102 of the Job Training Partnership Act
22 (29 USCA et seq.).
23 (j) "Excess unemployed" means the number of unemployed
24 in excess of 6.5% of the service delivery area population.
25 (k) "Private industry council" means governing body of
26 each service delivery area created pursuant to Title I,
27 Section 102 of the Job Training Partnership Act (29 USC 1501
28 et seq.).
29 (Source: P.A. 84-1399.)
30 (20 ILCS 630/5) (from Ch. 48, par. 2405)
31 Sec. 5. (a) Allocation of funds among eligible job
32 applicants within a service delivery area shall be determined
33 by the Private Industry Council for each such service
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1 delivery area. The Private Industry Council shall give
2 priority to
3 (1) applicants living in households with no other income
4 source; and
5 (2) applicants who would otherwise be eligible to
6 receive general assistance.
7 (b) Allocation of funds among eligible employers within
8 each service delivery area shall be determined by the Private
9 Industry Council for each such area according to the
10 priorities which the Director of Commerce and Community
11 Affairs, upon recommendation of the coordinator, shall by
12 rule establish. The Private Industry Council shall give
13 priority to funding private sector jobs to the extent that
14 businesses apply for funds.
15 (Source: P.A. 84-1399.)
16 (20 ILCS 630/9) (from Ch. 48, par. 2409)
17 Sec. 9. (a) Eligible businesses. A business employer is
18 an eligible employer if it enters into a written contract,
19 signed and subscribed to under oath, with the employment
20 administrator for its service delivery area containing
21 assurances that:
22 (1) funds received by a business shall be used only as
23 permitted under the program;
24 (2) the business has submitted a plan to the employment
25 administrator (1) describing the duties and proposed
26 compensation of each employee proposed to be hired under the
27 program; and (2) demonstrating that with the funds provided
28 under the program the business is likely to succeed and
29 continue to employ persons hired under the program;
30 (3) the business will use funds exclusively for
31 compensation and fringe benefits of eligible job applicants
32 and will provide employees hired with these funds with fringe
33 benefits and other terms and conditions of employment
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1 comparable to those provided to other employees of the
2 business who do comparable work;
3 (4) the funds are necessary to allow the business to
4 begin, or to employ additional people, but not to fill
5 positions which would be filled even in the absence of funds
6 from this program;
7 (5) (blank); the business will cooperate with the
8 coordinator in collecting data to assess the result of the
9 program; and
10 (6) the business is in compliance with all applicable
11 affirmative action, fair labor, health, safety, and
12 environmental standards.
13 (b) In allocating funds among eligible businesses, the
14 employment administrator shall give priority to businesses
15 which best satisfy the following criteria:
16 (1) have a high potential for growth and long-term job
17 creation;
18 (2) are labor intensive;
19 (3) make high use of local and State resources;
20 (4) are under ownership of women and minorities;
21 (5) have their primary places of business in the State;
22 and
23 (6) intend to continue the employment of the eligible
24 applicant for at least 6 months of unsubsidized employment.
25 (c) If the eligible employee remains employed for 6
26 months of unsubsidized employment, his employer may apply for
27 a bonus equal to 1/6 of the subsidy provided to the employer
28 for that employee under this Act.
29 (Source: P.A. 84-1399.)
30 (20 ILCS 630/3 rep.)
31 Section 55. The Illinois Emergency Employment
32 Development Act is amended by repealing Section 3.
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1 Section 85. The Capital Development Board Act is amended
2 by changing Section 14 as follows:
3 (20 ILCS 3105/14) (from Ch. 127, par. 783.01)
4 Sec. 14. (a) It is the purpose of this Act to provide
5 for the promotion and preservation of the arts by securing
6 suitable works of art for the adornment of public buildings
7 constructed or subjected to major renovation by the State or
8 which utilize State funds, and thereby reflecting our
9 cultural heritage, with emphasis on the works of Illinois
10 artists.
11 (b) As used in this Act: "Works of art" shall apply to
12 and include paintings, prints, sculptures, graphics, mural
13 decorations, stained glass, statues, bas reliefs, ornaments,
14 fountains, ornamental gateways, or other creative works which
15 reflect form, beauty and aesthetic perceptions.
16 (c) Beginning with the fiscal year ending June 30, 1979,
17 and for each succeeding fiscal year thereafter, the Capital
18 Development Board shall set aside 1/2 of 1 percent of the
19 amount authorized and appropriated for construction or
20 reconstruction of each public building financed in whole or
21 in part by State funds and generally accessible to and used
22 by the public for purchase and placement of suitable works of
23 art in such public buildings. The location and character of
24 the work or works of art to be installed in such public
25 buildings shall be determined by the designing architect,
26 provided, however, that the work or works of art shall be in
27 a permanent and prominent location.
28 (d) (Blank). There is created a Fine Arts Review
29 Committee consisting of the designing architect, the Chairman
30 of the Illinois Arts Council or his designee, the Director of
31 the Illinois State Museum or his designee, and three persons
32 from the area in which the project is to be located who are
33 familiar with the local area and are knowledgeable in matters
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1 of art. Of the three local members, two shall be selected by
2 the County Board to the County in which the project is
3 located and one shall be selected by the Mayor or other chief
4 executive officer of the municipality in which the project is
5 located. The Committee, after such study as it deems
6 necessary, shall recommend three artists or works of art in
7 order of preference, to the Capital Development Board. The
8 Board will make the final selection from among the
9 recommendations submitted to it.
10 (e) (Blank). There is created a Public Arts Advisory
11 Committee whose function is to advise the Capital Development
12 Board and the Fine Arts Review Committee on various technical
13 and aesthetic perceptions that may be utilized in the
14 creation or major renovation of public buildings. The Public
15 Arts Advisory Committee shall consist of 12 members who shall
16 serve for terms of 2 years ending on June 30 of odd numbered
17 years, except the first appointees to the Committee shall
18 serve for a term ending June 30, 1979. The Public Arts
19 Advisory Committee shall meet four times each fiscal year.
20 Four members shall be appointed by the Governor; four shall
21 be chosen by the Senate, two of whom shall be chosen by the
22 President, two by the minority leader; and four shall be
23 appointed by the House of Representatives, two of whom shall
24 be chosen by the Speaker and two by the minority leader.
25 There shall also be a Chairman who shall be chosen from the
26 committee members by the majority vote of that Committee.
27 (f) (Blank). All necessary expenses of the Public Arts
28 Advisory Committee and the Fine Arts Review Committee shall
29 be paid by the Capital Development Board.
30 (Source: P.A. 90-655, eff. 7-30-98.)
31 (20 ILCS 3990/Act rep.)
32 Section 110. The Illinois Manufacturing Technology
33 Alliance Act is repealed.
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1 Section 113. The State Officers and Employees Money
2 Disposition Act is amended by changing Section 1 as follows:
3 (30 ILCS 230/1) (from Ch. 127, par. 170)
4 Sec. 1. Application of Act; exemptions. The officers of
5 the Executive Department of the State Government, the Clerk
6 of the Supreme Court, the Clerks of the Appellate Courts, the
7 Departments of the State government created by the Civil
8 Administrative Code of Illinois, and all other officers,
9 boards, commissions, commissioners, departments,
10 institutions, arms or agencies, or agents of the Executive
11 Department of the State government except the University of
12 Illinois, Southern Illinois University, Chicago State
13 University, Eastern Illinois University, Governors State
14 University, Illinois State University, Northeastern Illinois
15 University, Northern Illinois University, Western Illinois
16 University, the Cooperative Computer Center, and the Board of
17 Trustees of the Illinois Bank Examiners' Education Foundation
18 for moneys collected pursuant to subsection (11) of Section
19 48 of the Illinois Banking Act for purposes of the Illinois
20 Bank Examiners' Education Program are subject to this Act.
21 This Act shall not apply, however, to any of the following:
22 (i) the receipt by any such officer of federal funds made
23 available under such conditions as precluded the payment
24 thereof into the State Treasury, (ii) (blank) income derived
25 from the operation of State parks which is required to be
26 deposited in the State Parks Revenue Bond Fund pursuant to
27 the State Parks Revenue Bond Act, (iii) the Director of
28 Insurance in his capacity as rehabilitator or liquidator
29 under Article XIII of the Illinois Insurance Code, (iv) funds
30 received by the Illinois State Scholarship Commission from
31 private firms employed by the State to collect delinquent
32 amounts due and owing from a borrower on any loans guaranteed
33 by such Commission under the Higher Education Student
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1 Assistance Law or on any "eligible loans" as that term is
2 defined under the Education Loan Purchase Program Law, or (v)
3 moneys collected on behalf of lessees of facilities of the
4 Department of Agriculture located on the Illinois State
5 Fairgrounds at Springfield and DuQuoin. This Section 1 shall
6 not apply to the receipt of funds required to be deposited in
7 the Industrial Project Fund pursuant to Section 12 of the
8 Disabled Persons Rehabilitation Act.
9 (Source: P.A. 88-571, eff. 8-11-94; 89-4, eff. 1-1-96.)
10 (20 ILCS 805/805-310 rep.)
11 Section 114. The Department of Natural Resources
12 (Conservation) Law of the Civil Administrative Code of
13 Illinois is amended by repealing Section 805-310.
14 (30 ILCS 380/Act rep.)
15 Section 115. The State Parks Revenue Bond Act is
16 repealed.
17 (30 ILCS 150/8 rep.)
18 Section 116. The Natural Heritage Fund Act is amended by
19 repealing Section 8.
20 (35 ILCS 505/19 rep.)
21 Section 120. The Motor Fuel Tax Law is amended by
22 repealing Section 19.
23 (70 ILCS 200/Art. 135 rep.)
24 Section 130. The Civic Center Code is amended by
25 repealing Article 135.
26 (205 ILCS 616/70 rep.)
27 (205 ILCS 616/75 rep.)
28 Section 175. The Electronic Fund Transfer Act is amended
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1 by repealing Sections 70 and 75.
2 (205 ILCS 620/1-5.04 rep.)
3 (205 ILCS 620/9-1 rep.)
4 (205 ILCS 620/9-2 rep.)
5 (205 ILCS 620/9-3 rep.)
6 (205 ILCS 620/9-4 rep.)
7 Section 180. The Corporate Fiduciary Act is amended by
8 repealing Sections 1-5.04, 9-1, 9-2, 9-3, and 9-4.
9 (310 ILCS 45/Act rep.)
10 Section 200. The Illinois Mortgage Insurance Fund Act is
11 repealed.
12 (430 ILCS 115/15 rep.)
13 Section 240. The Illinois Manufactured Housing and
14 Mobile Home Safety Act is amended by repealing Section 15.
15 Section 245. The Illinois Corn Marketing Act is amended
16 by changing Sections 6 and 7 as follows:
17 (505 ILCS 40/6) (from Ch. 5, par. 706)
18 Sec. 6. Upon enactment of this legislation and if there
19 are sponsors willing and able to meet the requirements of
20 Section 8, the Director shall appoint a temporary corn
21 marketing program committee consisting of 7 members who are
22 corn producers to develop a corn marketing program proposal.
23 Such proposal shall be considered at a public hearing. After
24 the close of the public hearing the Director and temporary
25 corn marketing program committee shall send copies of their
26 findings to all parties of record appearing at the hearing.
27 If such proposal is approved by the temporary corn marketing
28 program committee, a referendum shall be held thereon in
29 accordance with Section 7 of this Act.
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1 The Director, upon recommendation of the temporary corn
2 marketing program committee, shall establish procedures for
3 the qualifications of producers for corn marketing programs
4 for the participation of producers in hearings and referenda
5 and other procedures necessary in the development and
6 adoption of a corn marketing program. Such procedures shall
7 not be subject to the provisions of The Illinois
8 Administrative Procedure Act; however, the Director shall
9 take any necessary steps to inform affected persons of the
10 procedures, including publication of the procedures in the
11 Illinois Register.
12 (Source: P.A. 82-941.)
13 (505 ILCS 40/7) (from Ch. 5, par. 707)
14 Sec. 7. Within 90 days after final approval by the
15 temporary corn marketing program committee of any proposed
16 corn marketing program, The Director shall determine by
17 referendum whether the affected producers assent to a such
18 proposed corn marketing program. The proposed corn marketing
19 program is approved when a majority of those voting in the
20 referendum vote in favor of such proposed corn marketing
21 program. Following such approval the Department shall file
22 the program with the Secretary of State as provided in
23 Section 5-65 of the Illinois Administrative Procedure Act.
24 If any proposed corn marketing program is not approved by
25 such referendum, no additional referendum on such corn
26 marketing program may be held for 2 years from the date of
27 the close of such referendum period. A succeeding referendum
28 shall be called by the Director upon request by petition of
29 2,500 producers of corn with at least 10 signers of such
30 petition from each of 50 counties. Prior to holding a
31 succeeding referendum, the Director shall appoint a temporary
32 corn marketing program committee who are corn producers and
33 shall follow the procedures as set forth in Section 6.
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1 (Source: P.A. 88-45.)
2 Section 250. The Illinois Sheep and Wool Production
3 Development and Marketing Act is amended by changing Sections
4 6 and 7 as follows:
5 (505 ILCS 115/6) (from Ch. 5, par. 1056)
6 Sec. 6. After the effective date of this Act, if there
7 are sponsors willing and able to meet the requirements of
8 Section 8, the Director shall appoint a temporary sheep and
9 wool production development and marketing program committee
10 consisting of 7 members who are sheep or wool producers to
11 develop a sheep and wool production development and marketing
12 program proposal. Such program shall be considered at a
13 public hearing. After the close of the public hearing the
14 Director and temporary sheep and wool production development
15 and marketing program committee shall send copies of their
16 findings to all parties of record appearing at the hearing.
17 If such proposed program is approved by the temporary sheep
18 and wool production development and marketing program
19 committee, a referendum shall be held thereon in accordance
20 with Section 7 of this Act.
21 The Director, upon recommendation of the temporary sheep
22 and wool production development and marketing program
23 committee, shall establish procedures for the qualifications
24 of producers for sheep and wool production development and
25 marketing programs for the participation of producers in
26 hearing and referenda and other procedures necessary in the
27 development and adoption of a sheep and wool production
28 development and marketing program.
29 (Source: P.A. 82-100.)
30 (505 ILCS 115/7) (from Ch. 5, par. 1057)
31 Sec. 7. Within 120 days after final approval by the
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1 temporary sheep and wool production development and marketing
2 program committee of any proposed sheep and wool production
3 development or marketing program, The Director shall
4 determine by referendum whether the affected producers assent
5 to a such proposed sheep and wool production development or
6 marketing program. The proposed sheep and wool production
7 development and marketing program is approved when a majority
8 of those voting in the referendum vote in favor of such
9 proposed sheep and wool production development and marketing
10 program.
11 If any proposed sheep and wool production development and
12 marketing program is not approved by such referendum, no
13 additional referendum on such sheep and wool production
14 development and marketing program may be held for 2 years
15 from the date of the close of such referendum period. A
16 succeeding referendum shall be called by the Director upon
17 request by written petition of 400 producers of sheep and/or
18 wool with at least 5 signers of such petition from each of 25
19 counties. Prior to holding a succeeding referendum, the
20 Director shall appoint a temporary sheep and wool production
21 development and marketing program committee who are sheep
22 and/or wool producers and shall follow the procedures as set
23 forth in Section 6.
24 (Source: P.A. 82-100.)
25 Section 255. The Soybean Marketing Act is amended by
26 changing Sections 7 and 8 as follows:
27 (505 ILCS 130/7) (from Ch. 5, par. 557)
28 Sec. 7. If any marketing program or amendment to an
29 existing marketing program is proposed under Section 6 of
30 this Act, the Director shall appoint a temporary operating
31 committee consisting of 7 members who are soybean producers
32 to develop such proposed marketing program. Such proposal
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1 shall be considered at a public hearing. After the close of
2 the public hearing the Director and temporary operating
3 committee shall send copies of their findings to all parties
4 of record appearing at the hearing. If such proposal is
5 approved by the temporary operating committee, a referendum
6 shall be held thereon in accordance with Section 8 of this
7 Act.
8 The Director, upon recommendation of the temporary
9 operating committee, shall establish procedures for the
10 qualifications of producers for marketing programs, for the
11 participation of producers in hearings and referenda and
12 other procedures necessary in the development and adoption of
13 marketing programs. Procedures relative to the adoption of
14 any marketing program or amendment to an existing marketing
15 program shall not be subject to the provisions of The
16 Illinois Administrative Procedure Act. However, the Director
17 shall take any necessary steps to inform affected persons of
18 the procedures, including publication of the procedures in
19 the Illinois Register.
20 (Source: P.A. 83-80.)
21 (505 ILCS 130/8) (from Ch. 5, par. 558)
22 Sec. 8. Within 90 days after final approval by the
23 temporary operating committee of any proposed marketing
24 program, The Director shall determine by referendum in
25 accordance with this Section and Section 11 of this Act
26 whether the affected producers assent to a such proposed
27 program. The proposed program is approved when a majority of
28 those voting in the referendum vote in favor of such proposed
29 program.
30 Within 90 days after final approval by the program
31 operating board of any proposed amendment to the marketing
32 program, The Director shall determine by referendum in
33 accordance with this Section and Section 11 of this Act
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1 whether the affected producers assent to a such proposed
2 amendment. The proposed amendment to the program is approved
3 when a majority voting on the amendment vote in favor of the
4 amendment.
5 If any proposed marketing program or amendment is not
6 approved by such referendum, no additional referendum on such
7 program or amendment may be held for 2 years from the date of
8 the close of such referendum period.
9 (Source: P.A. 85-181.)
10 (605 ILCS 10/3.1 rep.)
11 Section 270. The Toll Highway Act is amended by
12 repealing Section 3.1.
13 Section 275. The Unified Code of Corrections is amended
14 by changing Section 3-2-6 as follows:
15 (730 ILCS 5/3-2-6) (from Ch. 38, par. 1003-2-6)
16 Sec. 3-2-6. Advisory Board Boards. (a) There shall be an
17 Adult Advisory Board and a Juvenile Advisory Board each
18 composed of 11 persons, one of whom shall be a senior citizen
19 age 60 or over, appointed by the Governor to advise the
20 Director on matters pertaining to adult and juvenile
21 offenders respectively. The members of the Board Boards shall
22 be qualified for their positions by demonstrated interest in
23 and knowledge of adult and juvenile correctional work and
24 shall not be officials of the State in any other capacity.
25 The members first appointed under this amendatory Act of
26 1984 shall serve for a term of 6 years and shall be appointed
27 as soon as possible after the effective date of this
28 amendatory Act of 1984. The members of the Board Boards now
29 serving shall complete their terms as appointed, and
30 thereafter members shall be appointed by the Governor to
31 terms of 6 years. Any vacancy occurring shall be filled in
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1 the same manner for the remainder of the term. The Director
2 of Corrections and the Assistant Director Directors, Adult
3 Division and Juvenile Divisions respectively, for the 2
4 Boards, shall be ex-officio members of the Board Boards. The
5 Each Board shall elect a chairman from among its appointed
6 members. The Director shall serve as secretary of the each
7 Board. Members of the each Board shall serve without
8 compensation but shall be reimbursed for expenses necessarily
9 incurred in the performance of their duties. The Each Board
10 shall meet quarterly and at other times at the call of the
11 chairman. At the request of the Director, the Boards may meet
12 together.
13 (b) The Board Boards shall advise the Director
14 concerning policy matters and programs of the Department with
15 regard to the custody, care, study, discipline, training and
16 treatment of persons in the State correctional institutions
17 and for the care and supervision of persons released on
18 parole.
19 (c) There shall be a Subcommittee on Women Offenders to
20 the Adult Advisory Board. The Subcommittee shall be composed
21 of 3 members of the Adult Advisory Board appointed by the
22 Chairman who shall designate one member as the chairman of
23 the Subcommittee. Members of the Subcommittee shall serve
24 without compensation but shall be reimbursed for expenses
25 necessarily incurred in the performance of their duties. The
26 Subcommittee shall meet no less often than quarterly and at
27 other times at the call of its chairman.
28 The Subcommittee shall advise the Adult Advisory Board
29 and the Director on all policy matters and programs of the
30 Department with regard to the custody, care, study,
31 discipline, training and treatment of women in the State
32 correctional institutions and for the care and supervision of
33 women released on parole.
34 (Source: P.A. 85-624.)
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1 (730 ILCS 5/3-6-3.1 rep.)
2 Section 280. The Unified Code of Corrections is amended
3 by repealing Section 3-6-3.1.
4 (820 ILCS 305/14.1 rep.)
5 Section 285. The Workers' Compensation Act is amended by
6 repealing Section 14.1.
7 Section 995. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.
14 Section 999. Effective date. This Act takes effect July
15 1, 2001.".