SB2356 94TH GENERAL ASSEMBLY

LRB094 16182 RSP 51425 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2356

Introduced 1/18/2006, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

30 ILCS 105/8.44
40 ILCS 5/15-125	from Ch. 108 1/2, par. 15-125
235 ILCS 5/6-21	from Ch. 43, par. 135
735 ILCS 5/8-2006

Amends a Section of the State Finance Act authorizing the transfer of certain moneys from special funds to the General Revenue Fund to provide that the State Comptroller shall not transfer moneys from the State Off-Set Claims Fund. Requires the State Comptroller to reverse any transfers already made from that fund. Amends the Illinois Pension Code to provide that the "effective rate of interest" that must be determined by the State Comptroller annually must be determined for each fiscal year by January 31 (now, by September 1) immediately preceding the start of that fiscal year. Amends the Liquor Control Act of 1934 to provide that certain liability limits under that Act that are annually adjusted by the Comptroller shall be made available via the Comptroller's official website by January 31 of every year (now, made available to the chief judge of each judicial circuit). Amends the Code of Civil Procedure to provide that certain copying fees that are annually adjusted by the Comptroller shall be made available to the public via the Comptroller's official website by January 31 of every year. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning the State Comptroller.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by changing Section 8.44 as follows:

(30 ILCS 105/8.44)

Sec. 8.44. Special fund transfers.

(a) In order to maintain the integrity of special funds and improve stability in the General Revenue Fund, the following transfers are authorized from the designated funds into the General Revenue Fund: Aeronautics Fund......................................$2,186 Aggregate Operations Regulatory Fund.................$32,750 Agrichemical Incident Response Trust Fund...........$419,830 Agricultural Master Fund.............................$17,827 Air Transportation Revolving Fund...................$181,478 Airport Land Loan Revolving Fund..................$1,669,970 Alternate Fuels Fund..............................$1,056,833 Alternative Compliance Market Account Fund...........$53,120 Appraisal Administration Fund.......................$250,000 Armory Rental Fund..................................$111,538 Assisted Living and Shared Housing Regulatory Fund...$24,493 Bank and Trust Company Fund.......................$3,800,000 Capital Development Board Revolving Fund............$453,054 Care Provider Fund for Persons with a Developmental Disability...................$2,378,270 Charter Schools Revolving Loan Fund.................$650,721 Child Support Administrative Fund.................$1,117,266 Coal Mining Regulatory Fund.........................$127,583 Communications Revolving Fund....................$12,999,839 Community Health Center Care Fund...................$104,480 Community Water Supply Laboratory Fund..............$716,232 Continuing Legal Education Trust Fund................$23,419 Corporate Franchise Tax Refund Fund.................$500,000 Court of Claims Administration and Grant Fund........$24,949 Criminal Justice Information Projects Fund...........$18,212 DCFS Special Purposes Trust Fund.....................$77,835 Death Certificate Surcharge Fund..................$1,134,341 Department of Business Services Special Operations Fund...........................$2,000,000 Department of Children and Family Services Training Fund.....................................$1,408,106 Department of Corrections Reimbursement and Education Fund..................$2,208,323 Department of Insurance State Trust Fund.............$18,009 Department of Labor Special State Trust Fund........$359,895 Department on Aging State Projects Fund..............$10,059 Design Professionals Administration and Investigation Fund...............................$51,701 DHS Recoveries Trust Fund.........................$1,591,834 DHS State Projects Fund..............................$89,917 Division of Corporations Registered Limited Liability Partnership Fund.......$150,000 DNR Special Projects Fund...........................$301,649 Dram Shop Fund......................................$110,554 Drivers Education Fund...............................$30,152 Drug Rebate Fund.................................$17,315,821 Drug Traffic Prevention Fund.........................$22,123 Drug Treatment Fund.................................$160,030 Drunk and Drugged Driving Prevention Fund............$51,220 Drycleaner Environmental Response Trust Fund......$1,137,971 DuQuoin State Fair Harness Racing Trust Fund..........$3,368 Early Intervention Services Revolving Fund........$1,044,935 Economic Research and Information Fund...............$49,005 Educational Labor Relations Board Fair Share Trust Fund................................$40,933 Efficiency Initiatives Revolving Fund.............$6,178,298 Emergency Planning and Training Fund.................$28,845 Emergency Public Health Fund........................$139,997 Emergency Response Reimbursement Fund................$15,873 EMS Assistance Fund..................................$40,923 Energy Assistance Contribution Fund..................$89,692 Energy Efficiency Trust Fund......................$1,300,938 Environmental Laboratory Certification Fund..........$62,039 Environmental Protection Permit and Inspection Fund.$180,571 Environmental Protection Trust Fund...............$2,228,031 EPA Court Trust Fund................................$338,646 EPA Special State Projects Trust Fund...............$284,263 Explosives Regulatory Fund...........................$23,125 Facilities Management Revolving Fund..............$4,803,971 Facility Licensing Fund..............................$22,958 Family Care Fund.....................................$22,585 Federal Asset Forfeiture Fund.........................$1,871 Feed Control Fund...................................$478,234 Fertilizer Control Fund.............................$207,398 Financial Institution Fund........................$2,448,690 Firearm Owner's Notification Fund.....................$3,960 Food and Drug Safety Fund...........................$421,401 General Professions Dedicated Fund................$3,975,808 Good Samaritan Energy Trust Fund......................$7,191 Governor's Grant Fund.................................$1,592 Group Workers' Compensation Pool Insolvency Fund....$136,547 Guardianship and Advocacy Fund.......................$27,289 Hazardous Waste Occupational Licensing Fund..........$14,939 Hazardous Waste Research Fund.......................$125,209 Health Facility Plan Review Fund....................$165,972 Hearing Instrument Dispenser Examining and Disciplinary Fund.....................$102,842 Home Inspector Administration Fund..................$244,503 IEMA State Projects Fund.................................$13 Illinois Beach Marina Fund..........................$177,801 Illinois Capital Revolving Loan Fund..............$4,024,106 Illinois Clean Water Fund.........................$1,835,796 Illinois Community College Board Contracts and Grants Fund.................................$9 Illinois Department of Agriculture Laboratory Services Revolving Fund..................$174,795 Illinois Equity Fund................................$119,193 Illinois Executive Mansion Trust Fund................$56,154 Illinois Forestry Development Fund................$1,389,096 Illinois Future Teacher Corps Scholarship Fund........$4,836 Illinois Gaming Law Enforcement Fund................$650,646 Illinois Habitat Endowment Trust Fund.............$3,641,262 Illinois Health Facilities Planning Fund.............$23,066 Illinois Historic Sites Fund........................$134,366 Illinois National Guard Armory Construction Fund.....$31,469 Illinois Rural Rehabilitation Fund....................$8,190 Illinois School Asbestos Abatement Fund.............$183,191 Illinois State Fair Fund.............................$50,176 Illinois State Podiatric Disciplinary Fund..........$317,239 Illinois Student Assistance Commission Contracts and Grants Fund.............................$5,589 Illinois Tourism Tax Fund...........................$647,749 Illinois Underground Utility Facilities Damage Prevention Fund................................$2,175 Illinois Veterans' Rehabilitation Fund..............$218,940 Industrial Hygiene Regulatory and Enforcement Fund....$3,564 Innovations in Long-Term Care Quality Demonstration Grants Fund...................$565,494 Insurance Financial Regulation Fund.................$800,000 ISAC Accounts Receivable Fund........................$26,374 ISBE GED Testing Fund...............................$146,196 ISBE Teacher Certificate Institute Fund.............$122,117 J.J. Wolf Memorial for Conservation Investigation Fund.$8,137 Kaskaskia Commons Permanent Fund.....................$79,813 Land Reclamation Fund................................$30,582 Large Business Attraction Fund......................$340,777 Lawyers' Assistance Program Fund....................$198,207 LEADS Maintenance Fund...............................$76,981 Lieutenant Governor's Grant Fund........................$188 Livestock Management Facilities Fund.................$47,800 Local Initiative Fund.............................$1,940,646 Local Tourism Fund..................................$132,876 Long Term Care Monitor/Receiver Fund................$427,850 Monetary Award Program Reserve Fund.................$879,700 McCormick Place Expansion Project Fund....................$0 Medicaid Buy-In Program Revolving Fund..............$318,894 Medicaid Fraud and Abuse Prevention Fund.............$60,306 Medical Special Purposes Trust Fund.................$930,668 Military Affairs Trust Fund..........................$68,468 Motor Carrier Safety Inspection Fund................$147,477 Motor Fuel and Petroleum Standards Fund..............$19,673 Motor Vehicle Review Board Fund.....................$250,000 Motor Vehicle Theft Prevention Trust Fund.........$1,415,361 Narcotics Profit Forfeiture Fund.....................$39,379 Natural Heritage Endowment Trust Fund...............$557,264 Natural Heritage Fund.................................$3,336 Natural Resources Information Fund...................$64,596 Natural Resources Restoration Trust Fund.............$63,002 Off-Highway Vehicle Trails Fund.....................$244,815 Oil Spill Response Fund.............................$167,547 Paper and Printing Revolving Fund....................$48,476 Park and Conservation Fund........................$3,050,154 Pawnbroker Regulation Fund...........................$94,131 Pesticide Control Fund..............................$420,223 Petroleum Resources Revolving Fund...................$85,540 Police Training Board Services Fund...................$1,540 Pollution Control Board Fund.........................$23,004 Pollution Control Board Trust Fund..................$410,651 Post Transplant Maintenance and Retention Fund.......$75,100 Presidential Library and Museum Operating Fund......$727,250 Professional Regulation Evidence Fund.................$2,817 Professional Services Fund...........................$46,222 Provider Inquiry Trust Fund.........................$207,098 Public Aid Recoveries Trust Fund..................$7,610,631 Public Health Laboratory Services Revolving Fund.....$92,276 Public Health Special State Projects Fund...........$816,202 Public Health Water Permit Fund......................$17,624 Public Infrastructure Construction Loan Revolving Fund..................................$63,802 Public Pension Regulation Fund......................$222,433 Racing Board Fingerprint License Fund................$16,835 Radiation Protection Fund...........................$212,010 Real Estate License Administration Fund...........$1,500,000 Regulatory Evaluation and Basic Enforcement Fund.....$64,221 Regulatory Fund......................................$55,246 Renewable Energy Resources Trust Fund................$14,033 Response Contractors Indemnification Fund...............$126 Rural/Downstate Health Access Fund....................$4,644 Savings and Residential Finance Regulatory Fund...$5,200,000 School District Emergency Financial Assistance Fund.$2,130,848 School Technology Revolving Loan Fund................$19,158 Second Injury Fund..................................$151,493 Secretary of State Interagency Grant Fund............$40,900 Secretary of State Special License Plate Fund.......$520,200 Secretary of State Special Services Fund..........$2,500,000 Securities Audit and Enforcement Fund.............$3,400,000 Securities Investors Education Fund.................$100,000 Self-Insurers Administration Fund...................$286,964 Sex Offender Registration Fund........................$7,647 Sexual Assault Services Fund.........................$12,210 Small Business Environmental Assistance Fund.........$13,686 Snowmobile Trail Establishment Fund...................$3,124 Solid Waste Management Fund.......................$6,587,173 Sports Facilities Tax Trust Fund..................$1,112,590 State Appellate Defender Special State Projects Fund.$23,820 State Asset Forfeiture Fund..........................$71,988 State Boating Act Fund..............................$401,824 State College and University Trust Fund.............$139,439 State Crime Laboratory Fund..........................$44,965 State Fair Promotional Activities Fund................$8,734 State Garage Revolving Fund.........................$639,662 State Offender DNA Identification System Fund........$81,740 State Off-Set Claims Fund.........................$1,487,926 State Parks Fund..................................$1,045,889 State Police Motor Vehicle Theft Prevention Fund....$164,843 State Police Vehicle Fund............................$22,899 State Police Whistleblower Reward and Protection Fund.$199,699 State Rail Freight Loan Repayment Fund............$1,147,727 State Surplus Property Revolving Fund...............$388,284 State Whistleblower Reward and Protection Fund........$1,592 State's Attorneys Appellate Prosecutor's County Fund.$70,101 Statewide Grand Jury Prosecution Fund.................$7,645 Statistical Services Revolving Fund...............$4,847,783 Subtitle D Management Fund..........................$169,744 Tanning Facility Permit Fund.........................$64,571 Tax Compliance and Administration Fund..............$429,377 Tax Recovery Fund...................................$113,591 Teacher Certificate Fee Revolving Fund..............$982,399 Toxic Pollution Prevention Fund......................$28,534 Underground Resources Conservation Enforcement Fund.$294,251 University Grant Fund................................$23,881 Used Tire Management Fund.........................$1,918,500 Watershed Park Fund..................................$19,786 Weights and Measures Fund.........................$1,078,121 Workers' Compensation Benefit Trust Fund............$266,574 Workers' Compensation Revolving Fund................$520,285 Working Capital Revolving Fund....................$1,404,868 Youth Alcoholism and Substance Abuse Prevention Fund.$29,995 Youth Drug Abuse Prevention Fund.......................$4,091

All of these transfers shall be made in equal quarterly installments with the first made on the effective date of this amendatory Act of the 94th General Assembly, or as soon thereafter as practical, and with the remaining transfers to be made on October 1, January 1, and April 1, or as soon thereafter as practical. These transfers shall be made notwithstanding any other provision of State law to the contrary.

(b) On and after the effective date of this amendatory Act of the 94th General Assembly through June 30, 2006, when any of the funds listed in subsection (a) have insufficient cash from which the State Comptroller may make expenditures properly supported by appropriations from the fund, then the State Treasurer and State Comptroller shall transfer from the General Revenue Fund to the fund only such amount as is immediately necessary to satisfy outstanding expenditure obligations on a timely basis, subject to the provisions of the State Prompt Payment Act. Any amounts transferred from the General Revenue Fund to a fund pursuant to this subsection (b) from time to time shall be re-transferred by the State Comptroller and the State Treasurer from the receiving fund into the General Revenue Fund as soon as and to the extent that deposits are made into or receipts are collected by the receiving fund. In all events, the full amounts of all transfers from the General Revenue Fund to receiving funds shall be re-transferred to the General Revenue Fund no later than June 30, 2006.

(c) Notwithstanding any other provision of law, on July 1, 2005, or as soon thereafter as may be practical, the State Comptroller and the State Treasurer shall transfer $5,000,000 from the Communications Revolving Fund to the Hospital Basic Services Prevention Fund.

(d) Notwithstanding Public Act 94-91 or any other provision of law, the State Comptroller shall not transfer any moneys pursuant to subsection (a) out of any fund deleted from subsection (a) by this amendatory Act of the 94th General Assembly. On or before June 30, 2006 the State Comptroller shall reverse any transfers to the General Revenue Fund made pursuant to subsection (a) from funds deleted from subsection (a) by this amendatory Act of the 94th General Assembly.

(Source: P.A. 94-91, eff. 7-1-05.)

Section 10. The Illinois Pension Code is amended by changing Section 15-125 as follows:

(40 ILCS 5/15-125) (from Ch. 108 1/2, par. 15-125)

Sec. 15-125. "Prescribed Rate of Interest; Effective Rate of Interest". :

(1) "Prescribed rate of interest": The rate of interest to be used in actuarial valuations and in development of actuarial tables as determined by the board on the basis of the probable average effective rate of interest on a long term basis.

(2) "Effective rate of interest": The interest rate for all or any part of a fiscal year that is determined by the board based on factors including the system's past and expected investment experience; historical and expected fluctuations in the market value of investments; the desirability of minimizing volatility in the effective rate of interest from year to year; and the provision of reserves for anticipated losses upon sales, redemptions, or other disposition of investments and for variations in interest experience; except that for the purpose of determining the accumulated normal contributions used in calculating retirement annuities under Rule 2 of Section 15-136, the effective rate of interest shall be determined by the State Comptroller rather than the board. The State Comptroller shall determine the effective rate of interest to be used for this purpose using the factors listed above, and shall certify to the board and the Commission on Government Forecasting and Accountability the rate to be used for this purpose for fiscal year 2006 as soon as possible after the effective date of this amendatory Act of the 94th General Assembly, and for each fiscal year thereafter no later than the January 31 September 1 immediately preceding the start of that fiscal year.

(3) The change made to this Section by Public Acts 90-65 and 90-511 is a clarification of existing law.

(Source: P.A. 94-4, eff. 6-1-05; revised 10-11-05.)

Section 15. The Liquor Control Act of 1934 is amended by changing Section 6-21 as follows:

(235 ILCS 5/6-21) (from Ch. 43, par. 135)

Sec. 6-21. (a) Every person who is injured within this State, in person or property, by any intoxicated person has a right of action in his or her own name, severally or jointly, against any person, licensed under the laws of this State or of any other state to sell alcoholic liquor, who, by selling or giving alcoholic liquor, within or without the territorial limits of this State, causes the intoxication of such person. Any person at least 21 years of age who pays for a hotel or motel room or facility knowing that the room or facility is to be used by any person under 21 years of age for the unlawful consumption of alcoholic liquors and such consumption causes the intoxication of the person under 21 years of age, shall be liable to any person who is injured in person or property by the intoxicated person under 21 years of age. Any person owning, renting, leasing or permitting the occupation of any building or premises with knowledge that alcoholic liquors are to be sold therein, or who having leased the same for other purposes, shall knowingly permit therein the sale of any alcoholic liquors that have caused the intoxication of any person, shall be liable, severally or jointly, with the person selling or giving the liquors. However, if such building or premises belong to a minor or other person under guardianship the guardian of such person shall be held liable instead of the ward. A married woman has the same right to bring the action and to control it and the amount recovered as an unmarried woman. All damages recovered by a minor under this Act shall be paid either to the minor, or to his or her parent, guardian or next friend as the court shall direct. The unlawful sale or gift of alcoholic liquor works a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon the premises where the unlawful sale or gift takes place. All actions for damages under this Act may be by any appropriate action in the circuit court. An action shall lie for injuries to either means of support or loss of society, but not both, caused by an intoxicated person or in consequence of the intoxication of any person resulting as hereinabove set out. "Loss of society" means the mutual benefits that each family member receives from the other's continued existence, including love, affection, care, attention, companionship, comfort, guidance, and protection. "Family" includes spouse, children, parents, brothers, and sisters. The action, if the person from whom support or society was furnished is living, shall be brought by any person injured in means of support or society in his or her name for his or her benefit and the benefit of all other persons injured in means of support or society. However, any person claiming to be injured in means of support or society and not included in any action brought hereunder may join by motion made within the times herein provided for bringing such action or the personal representative of the deceased person from whom such support or society was furnished may so join. In every such action the jury shall determine the amount of damages to be recovered without regard to and with no special instructions as to the dollar limits on recovery imposed by this Section. The amount recovered in every such action is for the exclusive benefit of the person injured in loss of support or society and shall be distributed to such persons in the proportions determined by the verdict rendered or judgment entered in the action. If the right of action is settled by agreement with the personal representative of a deceased person from whom support or society was furnished, the court having jurisdiction of the estate of the deceased person shall distribute the amount of the settlement to the person injured in loss of support or society in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person. For all causes of action involving persons injured, killed, or incurring property damage before September 12, 1985, in no event shall the judgment or recovery under this Act for injury to the person or to the property of any person as hereinabove set out exceed $15,000, and recovery under this Act for loss of means of support resulting from the death or injury of any person, as hereinabove set out, shall not exceed $20,000. For all causes of action involving persons injured, killed, or incurring property damage after September 12, 1985 but before July 1, 1998, in no event shall the judgment or recovery for injury to the person or property of any person exceed $30,000 for each person incurring damages, and recovery under this Act for loss of means of support resulting from the death or injury of any person shall not exceed $40,000. For all causes of action involving persons injured, killed, or incurring property damage on or after July 1, 1998, in no event shall the judgment or recovery for injury to the person or property of any person exceed $45,000 for each person incurring damages, and recovery under this Act for either loss of means of support or loss of society resulting from the death or injury of any person shall not exceed $55,000. Beginning in 1999, every January 20, these liability limits shall automatically be increased or decreased, as applicable, by a percentage equal to the percentage change in the consumer price index-u during the preceding 12-month calendar year. "Consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Comptroller and made available via the Comptroller's official website by January 31 of every year. to the chief judge of each judicial circuit. The liability limits at the time at which damages subject to such limits are awarded by final judgment or settlement shall be utilized by the courts. Nothing in this Section bars any person from making separate claims which, in the aggregate, exceed any one limit where such person incurs more than one type of compensable damage, including personal injury, property damage, and loss to means of support or society. However, all persons claiming loss to means of support or society shall be limited to an aggregate recovery not to exceed the single limitation set forth herein for the death or injury of each person from whom support or society is claimed.

Nothing in this Act shall be construed to confer a cause of action for injuries to the person or property of the intoxicated person himself, nor shall anything in this Act be construed to confer a cause of action for loss of means of support or society on the intoxicated person himself or on any person claiming to be supported by such intoxicated person or claiming the society of such person. In conformance with the rule of statutory construction enunciated in the general Illinois saving provision in Section 4 of "An Act to revise the law in relation to the construction of the statutes", approved March 5, 1874, as amended, no amendment of this Section purporting to abolish or having the effect of abolishing a cause of action shall be applied to invalidate a cause of action accruing before its effective date, irrespective of whether the amendment was passed before or after the effective date of this amendatory Act of 1986.

Each action hereunder shall be barred unless commenced within one year next after the cause of action accrued.

However, a licensed distributor or brewer whose only connection with the furnishing of alcoholic liquor which is alleged to have caused intoxication was the furnishing or maintaining of any apparatus for the dispensing or cooling of beer is not liable under this Section, and if such licensee is named as a defendant, a proper motion to dismiss shall be granted.

(b) Any person licensed under any state or local law to sell alcoholic liquor, whether or not a citizen or resident of this State, who in person or through an agent causes the intoxication, by the sale or gift of alcoholic liquor, of any person who, while intoxicated, causes injury to any person or property in the State of Illinois thereby submits such licensed person, and, if an individual, his or her personal representative, to the jurisdiction of the courts of this State for a cause of action arising under subsection (a) above.

Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this subsection, may be made by personally serving the summons upon the defendant outside this State, as provided in the Code of Civil Procedure, as now or hereafter amended, with the same force and effect as though summons had been personally served within this State.

Only causes of action arising under subsection (a) above may be asserted against a defendant in an action in which jurisdiction over him or her is based upon this subsection.

Nothing herein contained limits or affects the right to serve any process in any other manner now or hereafter provided by law.

(Source: P.A. 90-111, eff. 7-14-97.)

Section 20. The Code of Civil Procedure is amended by changing Section 8-2006 as follows:

(735 ILCS 5/8-2006)

Sec. 8-2006. Copying fees; adjustment for inflation. Beginning in 2003, every January 20, the copying fee limits established in Sections 8-2001, 8-2003, 8-2004, and 8-2005 shall automatically be increased or decreased, as applicable, by a percentage equal to the percentage change in the consumer price index-u during the preceding 12-month calendar year. "Consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Comptroller and made available to the public via the Comptroller's official website by January 31 of every year. on January 20 of every year.

(Source: P.A. 92-228, eff. 9-1-01.)

Section 99. Effective date. This Act takes effect upon becoming law.