Full Text of SB3660 96th General Assembly
SB3660enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| ARTICLE 1. EMERGENCY BUDGET ACT OF FISCAL YEAR 2011 | 5 |
| Section 1-1. Short title. This Act may be cited as the | 6 |
| Emergency Budget Act of Fiscal Year 2011. References in this | 7 |
| Article to "this Act" mean this Article. | 8 |
| Section 1-5. Legislative intent and purpose. The General | 9 |
| Assembly hereby finds and declares that the State is confronted | 10 |
| with an unprecedented fiscal crisis. It is the purpose of this | 11 |
| Act to authorize changes in State programs that are necessary | 12 |
| to implement the State fiscal year 2011 budget. It is also the | 13 |
| purpose of this Act to implement budget measures that | 14 |
| prioritize the payment of vouchers that (i) were submitted to | 15 |
| the State Comptroller prior to July 1, 2010 and (ii) are at | 16 |
| least 60 days past due on the effective date of this Act. This | 17 |
| Act is to be liberally construed and interpreted in a manner | 18 |
| that allows the State to address the fiscal crisis for the | 19 |
| State fiscal year 2011. | 20 |
| Section 1-10. Designation of contingency reserve. | 21 |
| Beginning on July 1, 2010 and until January 9, 2011, the |
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| Governor may designate amounts to be set aside as a contingency | 2 |
| reserve from the amounts appropriated from the General Revenue | 3 |
| Fund, the Common School Fund, the Education Assistance Fund, | 4 |
| and any special fund of the State for State fiscal year 2011 | 5 |
| for all boards, commissions, agencies, institutions, | 6 |
| authorities, colleges, universities, and bodies politic and | 7 |
| corporate of the State, but not other constitutional officers, | 8 |
| the legislative or judicial branch, the office of the Executive | 9 |
| Inspector General, or the Executive Ethics Commission. The | 10 |
| total contingency reserve may not exceed one-third of the sum | 11 |
| of (i) the total dollar amount of vouchers that have been | 12 |
| submitted to the State Comptroller for payment but for which | 13 |
| warrants have not been issued by the Comptroller as of July 1, | 14 |
| 2010 and (ii) the total dollar amount of any fiscal year 2010 | 15 |
| mandated statutory transfers that have not been executed as of | 16 |
| July 1, 2010. The State Comptroller shall certify the total | 17 |
| dollar amount of those outstanding vouchers and transfers to | 18 |
| the Governor on or before July 8, 2010. | 19 |
| Section 1-15. Contingency reserve restrictions. Until | 20 |
| January 9, 2011, the amounts placed in contingency reserve | 21 |
| shall not be transferred, obligated, encumbered, expended, or | 22 |
| otherwise committed unless the Governor authorizes the removal | 23 |
| of the amounts from the contingency reserve or the State, by an | 24 |
| Act of the 96th General Assembly, generates incremental | 25 |
| revenues sufficient to support such transfers, obligations, |
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| encumbrances, expenditures, or other commitments. | 2 |
| Section 1-20. All State programs subject to appropriation. | 3 |
| Notwithstanding any other Act to the contrary, during State | 4 |
| fiscal year 2011, any expenditure from State funds authorized | 5 |
| or required by any State law are made subject to appropriation | 6 |
| through January 9, 2011 of that fiscal year. No moneys shall be | 7 |
| obligated or expended during that time unless they are | 8 |
| supported by available State fiscal year 2011 appropriations | 9 |
| that are not otherwise obligated or reserved pursuant to | 10 |
| Section 1-10 of this Act. The provisions of this Section do not | 11 |
| apply to non-appropriated funds, non-appropriated accounts, | 12 |
| locally held funds, or appropriations with continuing | 13 |
| authority. | 14 |
| Section 1-25. State agencies; review of contracts. As soon | 15 |
| as possible after the effective date of this Act, each State | 16 |
| agency of the executive branch shall review each of its | 17 |
| existing contracts. Those State agencies shall seek to modify | 18 |
| or terminate and re-bid those contracts if, upon review of the | 19 |
| contract, the agency determines that it is in the best interest | 20 |
| of the State to do so. For the purposes of this Section, | 21 |
| "contract" has the meaning ascribed to that term in the | 22 |
| Illinois Procurement Code. | 23 |
| Section 1-35. Act takes precedence. In case of any conflict |
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| between the provisions of this Act and any other law, executive | 2 |
| order, or administrative regulation, the provisions of this Act | 3 |
| prevail and control. | 4 |
| Section 1-90. Repealer. This Act is repealed on July 1, | 5 |
| 2011. | 6 |
| ARTICLE 3. RAILSPLITTER TOBACCO SETTLEMENT AUTHORITY ACT | 7 |
| Section 3-1. Short title. This Act may be cited as the | 8 |
| Railsplitter Tobacco Settlement Authority Act . References in | 9 |
| the Article to "this Act" mean this Article. | 10 |
| Section 3-2. Definitions. In this Act words or terms shall | 11 |
| have the following meanings unless the context or usage clearly | 12 |
| indicates that another meaning is intended. | 13 |
| (a) "Authority" means the Railsplitter Tobacco Settlement | 14 |
| Authority created and established pursuant to Section 3-4 of | 15 |
| this Act. | 16 |
| (b) "Authorized officer" means any of the members of the | 17 |
| Authority identified and described in Section 3-4 of this Act. | 18 |
| (c) "Bond" means any instrument evidencing the obligation | 19 |
| to pay money authorized or issued by or on behalf of the | 20 |
| Authority pursuant to the authorization granted by this Act, | 21 |
| including without limitation, bonds, notes, or certificates. | 22 |
| (d) "Bondholder" means, in the case of a bond issued in |
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| registered form, the registered owner of the bond and | 2 |
| otherwise, the owner of the bond.
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| (e) "Budget Director" means the Director of the Governor's | 4 |
| Office of Management and Budget.
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| (f) "Consent Decree" means the Consent Decree and Final | 6 |
| Judgment of the Circuit Court of Cook County, Illinois, dated | 7 |
| December 8, 1998, as the same has been and may be corrected, | 8 |
| amended or modified, in the action entitled People of the State | 9 |
| of Illinois v. Philip Morris Incorporated, et al. (No. 96 L | 10 |
| 13146).
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| (g) "Master Settlement Agreement" means the Master | 12 |
| Settlement Agreement, dated November 23, 1998, among the | 13 |
| attorneys general of 46 states, including the State of | 14 |
| Illinois, the District of Columbia, the Commonwealth of Puerto | 15 |
| Rico, Guam, the United States Virgin Islands, American Samoa | 16 |
| and the Territory of the Northern Mariana Islands, on the one | 17 |
| hand, and certain tobacco manufacturers, on the other hand, and | 18 |
| the subject of the Consent Decree.
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| (h) "Master Settlement Escrow Agent" means the escrow agent | 20 |
| under the Master Settlement Agreement.
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| (i) "Net proceeds of bonds" means the gross proceeds of the | 22 |
| sale of bonds issued under Section 3-6 of this Act, less any | 23 |
| amounts applied or to be applied to pay transaction and | 24 |
| administrative expenses, including underwriting discount, and | 25 |
| to fund any reserves deemed necessary or appropriate by the | 26 |
| Authority, but does not include any investment earnings |
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| realized thereon.
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| (j) "Participating manufacturer" means a tobacco product | 3 |
| manufacturer that is or becomes a signatory to the Master | 4 |
| Settlement Agreement.
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| (k) "Pledged tobacco revenues" means the State's tobacco | 6 |
| settlement revenues sold to the Authority pursuant to the sale | 7 |
| agreement and pledged by the Authority for the payment of bonds | 8 |
| and any related bond facility.
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| (l) "Qualifying statute" has the meaning given that term in | 10 |
| the Master Settlement Agreement, constituting the Tobacco | 11 |
| Product Manufacturers' Escrow Act.
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| (m) "Related bond facility" means any interest rate | 13 |
| exchange or similar agreement or any bond insurance policy, | 14 |
| letter of credit or other credit enhancement facility, | 15 |
| liquidity facility, guaranteed investment or reinvestment | 16 |
| agreement, or other similar agreement, arrangement or | 17 |
| contract.
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| (n) "Residual interest in tobacco settlement revenues" | 19 |
| means any tobacco settlement revenues determined as moneys are | 20 |
| received, to be not required for the identified period in which | 21 |
| revenues are received, to pay principal or interest on bonds or | 22 |
| administrative or transaction expenses of the Authority or to | 23 |
| fund reserves or other requirements relating to bonds issued or | 24 |
| related bond facilities made under this Act.
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| (o) "Sale agreement" means any agreement authorized | 26 |
| pursuant to this Act in which the State provides for the sale |
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| of all or a portion of the tobacco settlement revenues to the | 2 |
| Authority.
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| (p) "State" means the State of Illinois.
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| (q) "State Finance Act" means the State Finance Act of the | 5 |
| State, as amended (30 ILCS 105/1 et seq.).
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| (r) "Tobacco settlement bond proceeds account" means the | 7 |
| Account by that name within the Tobacco Settlement Recovery | 8 |
| Fund established under Section 6z-43(a) of the State Finance | 9 |
| Act.
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| (s) "Tobacco Settlement Residual Account" means the | 11 |
| Account by that name within the Tobacco Settlement Recovery | 12 |
| Fund established under Section 6z-43(a) of the State Finance | 13 |
| Act.
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| (t) "Tobacco settlement revenues" means all tobacco | 15 |
| settlement payments received by the State on and after the | 16 |
| effective date of this Act and required to be made, pursuant to | 17 |
| the terms of the Master Settlement Agreement, by participating | 18 |
| manufacturers and the State's rights to receive the tobacco | 19 |
| settlement payments on and after the effective date of this | 20 |
| Act, exclusive of any payments made with respect to liability | 21 |
| to make those payments for calendar years completed before the | 22 |
| effective date of this Act. | 23 |
| Section 3-3. Transfer and sale of State's right to tobacco | 24 |
| settlement revenues. During fiscal years 2010 and 2011, the | 25 |
| State may sell, convey, or otherwise transfer to the Authority |
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| the tobacco settlement revenues in exchange for the net | 2 |
| proceeds of bonds and a right to the residual interest in | 3 |
| tobacco settlement revenues. Unless otherwise directed by | 4 |
| statute, the net proceeds of bonds shall be deposited in the | 5 |
| Tobacco Settlement Bond Proceeds Account, and the residual | 6 |
| interest in tobacco settlement revenues received by the State | 7 |
| from time to time shall be deposited in the Tobacco Settlement | 8 |
| Residual Account, in each case to be applied for the purposes | 9 |
| and in the manner described in this Act and in Section 6z-43 of | 10 |
| the State Finance Act. | 11 |
| Any sale, conveyance, or other transfer authorized by this | 12 |
| Section shall be evidenced by an instrument or agreement in | 13 |
| writing signed on behalf of the State by the Governor. A | 14 |
| certified copy of the instrument or agreement shall be filed | 15 |
| with the Governor, Comptroller, Treasurer, Budget Director, | 16 |
| Speaker and Minority Leader of the House of Representatives, | 17 |
| President and Minority Leader of the Senate, and the Commission | 18 |
| on Government Forecasting and Accountability promptly upon | 19 |
| execution and delivery thereof. The instrument or agreement may | 20 |
| include an irrevocable direction to the Master Settlement | 21 |
| Escrow Agent to pay all or a specified portion of the tobacco | 22 |
| settlement revenues directly to or upon the order of the | 23 |
| Authority, or to any escrow agent or any trustee under an | 24 |
| indenture or other agreement securing any bonds issued or | 25 |
| related bond facilities made under this Act. Upon execution and | 26 |
| delivery of the sale agreement as provided in this Act, the |
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| sale, conveyance, or other transfer of the right to receive the | 2 |
| tobacco settlement revenues, shall, for all purposes, be a true | 3 |
| sale and absolute conveyance of all right, title, and interest | 4 |
| therein and not as a pledge or other security interest for any | 5 |
| borrowing, valid, binding, and enforceable in accordance with | 6 |
| the terms thereof and such instrument or agreements and any | 7 |
| related instrument, agreement, or other arrangement, including | 8 |
| any pledge, grant of security interest, or other encumbrance | 9 |
| made by Authority to secure any bonds issued by the Authority, | 10 |
| and shall not be subject to disavowal, disaffirmance, | 11 |
| cancellation, or avoidance by reason of insolvency of any | 12 |
| party, lack of consideration, or any other fact, occurrence, or | 13 |
| rule of law. On and after the effective date of the sale of any | 14 |
| portion (including all) of the tobacco settlement revenues, the | 15 |
| State shall have no right, title or interest in or to the | 16 |
| portion of the tobacco settlement revenues sold, and the | 17 |
| portion of the tobacco settlement revenues so sold shall be the | 18 |
| property of the Authority, and shall be received, held and | 19 |
| disbursed by the Authority in a trust fund outside the State | 20 |
| treasury. Any portions of the tobacco settlement revenues sold | 21 |
| and held in trust shall be invested in accordance with the | 22 |
| Public Funds Investment Act. | 23 |
| The State may not transfer any right to those amounts | 24 |
| received by the State which were deposited into the Disputed | 25 |
| Payments Account or withheld in accordance with Section | 26 |
| XI(f)(2) of the Master Settlement Agreement prior to the |
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| closing of any bonds issued pursuant to this Act. | 2 |
| The procedures and requirements set forth in this Section | 3 |
| shall be the sole procedures and requirements applicable to the | 4 |
| sale of the tobacco settlement revenues. | 5 |
| Section 3-4. Establishment and Powers of Authority. The | 6 |
| Authority is hereby established as a special purpose | 7 |
| corporation which shall be body corporate and politic of, but | 8 |
| having a legal existence independent and separate from, the | 9 |
| State and, accordingly, the assets, liabilities, and funds of | 10 |
| the Authority shall be neither consolidated nor commingled with | 11 |
| those of the State treasury. The Authority and its corporate | 12 |
| existence shall continue until 6 months after all its | 13 |
| liabilities have been met or otherwise discharged. Upon the | 14 |
| termination of the existence of the Authority, all of its | 15 |
| rights and property shall pass to and be vested in the State. | 16 |
| The Authority shall be established for the express limited | 17 |
| public purposes set forth in this Act, and no part of the net | 18 |
| earnings of the Authority shall inure to any private | 19 |
| individual. | 20 |
| The Authority shall be governed by a 3-member board | 21 |
| consisting of the Budget Director and two other members | 22 |
| appointed by the Governor. The powers of the Authority shall be | 23 |
| subject to the terms, conditions, and limitations contained | 24 |
| within this Act, and any applicable covenants or agreements of | 25 |
| the Authority in any indenture or other agreement relating to |
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| any then outstanding bonds or related bond facilities. The | 2 |
| Authority may enter into contracts regarding any matter | 3 |
| connected with any corporate purpose within the objects and | 4 |
| purposes of this Act. The members of the Authority and the | 5 |
| Chief Financial Officer of the Authority shall receive no | 6 |
| salary or other compensation, either direct or indirect, for | 7 |
| serving as members of the Authority, other than reimbursement | 8 |
| for actual and necessary expenses incurred in the performance | 9 |
| of such person's duties. The Authority may elect one of its | 10 |
| members as chairman, who shall sign instruments or agreements | 11 |
| authorized by this Act on behalf of the Authority. The | 12 |
| Authority may also appoint a Chief Financial Officer of the | 13 |
| Authority who may or may not be a member of the Authority in | 14 |
| order to provide financial analysis and advice regarding any | 15 |
| transaction of the Authority. Notwithstanding the foregoing, | 16 |
| the Authority shall not be authorized to make any covenant, | 17 |
| pledge, promise or agreement purporting to bind the State with | 18 |
| respect to tobacco settlement revenues, except as otherwise | 19 |
| specifically authorized by this Act. | 20 |
| The Authority may not file a voluntary petition under or be | 21 |
| or become a debtor or bankrupt under the federal bankruptcy | 22 |
| code or any other federal or State bankruptcy, insolvency, or | 23 |
| moratorium law or statute as may, from time to time, be in | 24 |
| effect and neither any public officer nor any organization, | 25 |
| entity, or other person shall authorize the Authority to be or | 26 |
| become a debtor or bankrupt under the federal bankruptcy code |
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| or any other federal or State bankruptcy, insolvency, or | 2 |
| moratorium law or statute, as may, from time to time be in | 3 |
| effect. | 4 |
| The Authority may not guarantee the debts of another. | 5 |
| Section 3-5. Certain powers of the Authority. The Authority | 6 |
| shall have the power to: | 7 |
| (1) sue and be sued;
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| (2) have a seal and alter the same at pleasure;
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| (3) make and alter by-laws for its organization and | 10 |
| internal management and make rules and regulations governing | 11 |
| the use of its property and facilities;
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| (4) appoint by and with the consent of the Attorney | 13 |
| General, assistant attorneys for such Authority; those | 14 |
| assistant attorneys shall be under the control, direction, and | 15 |
| supervision of the Attorney General and shall serve at his or | 16 |
| her pleasure; | 17 |
| (5) retain special counsel, subject to the approval of the | 18 |
| Attorney General, as needed from time to time, and fix their | 19 |
| compensation, provided however, such special counsel shall be | 20 |
| subject to the control, direction and supervision of the | 21 |
| Attorney General and shall serve at his or her pleasure; | 22 |
| (6) make and execute contracts and all other instruments | 23 |
| necessary or convenient for the exercise of its powers and | 24 |
| functions under this Section and to commence any action to | 25 |
| protect or enforce any right conferred upon it by any law, |
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| contract, or other agreement, provided that any underwriter, | 2 |
| financial advisor, bond counsel, or other professional | 3 |
| providing services to the Authority may be selected pursuant to | 4 |
| solicitations issued and completed by the Governor's Office of | 5 |
| Management and Budget for those services;
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| (7) appoint officers and agents, prescribe their duties and | 7 |
| qualifications, fix their compensation and engage the services | 8 |
| of private consultants and counsel on a contract basis for | 9 |
| rendering professional and technical assistance and advice, | 10 |
| provided that this shall not be construed to limit the | 11 |
| authority of the Attorney General provided in Section 4 of the | 12 |
| Attorney General Act;
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| (8) pay its operating expenses and its financing costs, | 14 |
| including its reasonable costs of issuance and sale and those | 15 |
| of the Attorney General, if any, in a total amount not greater | 16 |
| than 1% of the principal amount of the proceeds of the bond | 17 |
| sale;
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| (9) borrow money in its name and issue negotiable bonds and | 19 |
| provide for the rights of the holders thereof as otherwise | 20 |
| provided in this Act;
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| (10) procure insurance against any loss in connection with | 22 |
| its activities, properties, and assets in such amount and from | 23 |
| such insurers as it deems desirable;
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| (11) invest any funds or other moneys under its custody and | 25 |
| control in investment securities or under any related bond | 26 |
| facility;
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| (12) as security for the payment of the principal of and | 2 |
| interest on any bonds issued by it pursuant to this Act and any | 3 |
| agreement made in connection therewith and for its obligations | 4 |
| under any related bond facility, pledge all or any part of the | 5 |
| tobacco settlement revenues;
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| (13) do any and all things necessary or convenient to carry | 7 |
| out its purposes and exercise the powers expressly given and | 8 |
| granted in this Section.
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| Section 3-6. Bonds of the Authority. | 10 |
| (a) The Authority shall have power and is hereby authorized | 11 |
| to issue bonds, in an amount no greater than $1,750,000,000, to | 12 |
| provide sufficient funds for the purchase of all or a portion | 13 |
| of the tobacco settlement revenues pursuant to Section 3-3 of | 14 |
| this Act and the payment or provision for financing costs. | 15 |
| The issuance of bonds shall be authorized by a resolution | 16 |
| of the Authority, adopted by a majority of the members of the | 17 |
| Authority without further authorization or approval. The issue | 18 |
| of the bonds of the Authority shall be special revenue | 19 |
| obligations payable from and secured by a pledge of the pledged | 20 |
| tobacco revenues, those proceeds of such bonds deposited in a | 21 |
| reserve fund for the benefit of bondholders, and earnings on | 22 |
| funds of the Authority, upon such terms and conditions as | 23 |
| specified by the Authority in the resolution under which the | 24 |
| bonds are issued or in a related trust indenture. | 25 |
| The Authority shall have the power and is hereby authorized |
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| from time to time to issue bonds, whenever it deems refunding | 2 |
| expedient, to refund any outstanding bonds by the issuance of | 3 |
| new bonds, provided that the refunding debt matures within the | 4 |
| term of the bonds to be refunded. The refunding bonds may be | 5 |
| exchanged for the bonds to be refunded or sold and the proceeds | 6 |
| applied to the purchase, redemption, or payment of such bonds. | 7 |
| (b) The bonds of each issue shall be dated, shall bear | 8 |
| interest (which may be includable in or excludable from the | 9 |
| gross income of the owners for federal income tax purposes) at | 10 |
| such fixed or variable rates, payable at or prior to maturity, | 11 |
| and shall mature at such time or times, not more than 19 years | 12 |
| after the date of issuance, as may be determined by the | 13 |
| Authority and may be made redeemable before maturity, at the | 14 |
| option of the Authority, at such price or prices and under such | 15 |
| terms and conditions as may be fixed by the Authority. The | 16 |
| principal and interest of such bonds may be made payable in any | 17 |
| lawful medium. The resolution or the certificate of the officer | 18 |
| of the Authority approving the issuance of the bonds shall | 19 |
| determine the form of the bonds and the manner of execution of | 20 |
| the bonds and shall fix the denomination or denominations of | 21 |
| the bonds and the place or places of payment of principal and | 22 |
| interest thereof, which may be at any bank or trust company | 23 |
| within or outside the State. If any officer whose signature or | 24 |
| a facsimile thereof appears on any bonds shall cease to be such | 25 |
| officer before the delivery of such bonds, such signature or | 26 |
| facsimile shall nevertheless be valid and sufficient for all |
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| purposes the same as if he had remained in office until such | 2 |
| delivery. | 3 |
| (c) The Authority may sell such bonds pursuant to notice of | 4 |
| sale and public bid or by negotiated sale in accordance with | 5 |
| the corresponding procedures applicable to like sales of | 6 |
| general obligation bonds under Section 11 of the General | 7 |
| Obligation Bond Act. The proceeds of such bonds shall be | 8 |
| disbursed for the purposes for which such bonds were issued | 9 |
| under such restrictions as the sale agreement and the | 10 |
| resolution authorizing the issuance of such bonds or the | 11 |
| related trust indenture may provide. Such bonds shall be issued | 12 |
| upon approval of the Authority and without any other approvals, | 13 |
| filings, proceedings or the happening of any other conditions | 14 |
| or things other than the approvals, findings, proceedings, | 15 |
| conditions, and things that are specified and required by this | 16 |
| Act. | 17 |
| (d) Any pledge made by the Authority shall be valid and | 18 |
| binding at the time the pledge is made. The assets, property, | 19 |
| revenues, reserves, or earnings so pledged shall immediately be | 20 |
| subject to the lien of such pledge without any physical | 21 |
| delivery thereof or further act and the lien of any such pledge | 22 |
| shall be valid and binding as against all parties having claims | 23 |
| of any kind in tort, contract, or otherwise against the | 24 |
| Authority, irrespective of whether such parties have notice | 25 |
| thereof. Notwithstanding any other provision of law to the | 26 |
| contrary, neither the resolution nor any indenture or other |
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| instrument by which a pledge is created or by which the | 2 |
| Authority's interest in pledged assets, property, revenues, | 3 |
| reserves, or earnings thereon is assigned need be filed, | 4 |
| perfected or recorded in any public records in order to protect | 5 |
| the pledge thereof or perfect the lien thereof as against third | 6 |
| parties, except that a copy thereof shall be filed in the | 7 |
| records of the Authority. | 8 |
| (e) Whether or not the bonds of the Authority are of such | 9 |
| form and character as to be negotiable instruments under the | 10 |
| terms of the Uniform Commercial Code, the bonds are hereby made | 11 |
| negotiable instruments for all purposes, subject only to the | 12 |
| provisions of the bonds for registration. | 13 |
| (f) At the sole discretion of the Authority, any bonds | 14 |
| issued by the Authority and any related bond facility made | 15 |
| under the provisions of this Act shall be secured by a | 16 |
| resolution or trust indenture by and between the Authority and | 17 |
| the indenture trustee, which may be any trust company or bank | 18 |
| having the powers of a trust company, whether located within or | 19 |
| outside the State. Such trust indenture or resolution providing | 20 |
| for the issuance of such bonds shall, without limitation, (i) | 21 |
| provide for the creation and maintenance of such reserves as | 22 |
| the Authority shall determine to be proper; (ii) include | 23 |
| covenants setting forth the duties of the Authority in relation | 24 |
| to the bonds, the income of the Authority, the related sale | 25 |
| agreement and the related tobacco settlement revenues; (iii) | 26 |
| contain provisions relating to the prompt transfer of the |
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| residual interest upon receipt of the tobacco settlement | 2 |
| revenues; (iv) contain provisions respecting the custody, | 3 |
| safeguarding, and application of all moneys and securities; (v) | 4 |
| contain such provisions for protecting and enforcing against | 5 |
| the Authority or the State the rights and remedies (pursuant | 6 |
| thereto and to the sale agreement) of the owners of the bonds | 7 |
| and any provider of a related bond facility as may be | 8 |
| reasonable and proper and not in violation of law; and (vi) | 9 |
| contain such other provisions as the Authority may deem | 10 |
| reasonable and proper for priorities and subordination among | 11 |
| the owners of the bonds and providers of related bond | 12 |
| facilities. Any reference in this Act to a resolution of the | 13 |
| Authority shall include any trust indenture authorized | 14 |
| thereby. | 15 |
| (g) The net proceeds of bonds and any earnings thereon | 16 |
| shall never be pledged to, nor made available for, payment of | 17 |
| the bonds or any interest or redemption price thereon or any | 18 |
| other debt or obligation of the Authority. The net proceeds of | 19 |
| bonds shall be deposited by the State in the Tobacco Settlement | 20 |
| Bond Proceeds Account, and shall be used by the State (either | 21 |
| directly or by reimbursement) for the payment of outstanding | 22 |
| obligations of the General Revenue Fund or to supplement the | 23 |
| Tobacco Settlement Residual Account to pay for appropriated | 24 |
| obligations of the Tobacco Settlement Recovery Fund for State | 25 |
| fiscal year 2011 through 2013. Any residual interest in tobacco | 26 |
| settlement revenues shall be deposited in the Tobacco |
|
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| 1 |
| Settlement Residual Account, and shall be used by the State | 2 |
| (either directly or by reimbursement) in accordance with | 3 |
| Section 6z-43 of the State Finance Act for appropriated | 4 |
| obligations of the Tobacco Settlement Recovery Fund. With | 5 |
| respect to any bonds of the Authority, the interest on which is | 6 |
| intended to be excludable from the gross income of the owners | 7 |
| for federal income tax purposes, the Authority and the | 8 |
| authorized officers may provide restrictions on the use of net | 9 |
| proceeds of bonds and other amounts in the sale agreement or | 10 |
| otherwise in a tax regulatory agreement only as necessary to | 11 |
| assure such tax-exempt status. | 12 |
| (h) The Authority may enter into, amend, or terminate, as | 13 |
| it determines to be necessary or appropriate, any related bond | 14 |
| facility (i) to facilitate the issuance, sale, resale, | 15 |
| purchase, repurchase, or payment of bonds, interest rate | 16 |
| savings or market diversification, or the making or performance | 17 |
| of swap contracts, including without limitation bond | 18 |
| insurance, letters of credit and liquidity facilities, or (ii) | 19 |
| to attempt to manage or hedge risk or achieve a desirable | 20 |
| effective interest rate or cash flow. Such facility shall be | 21 |
| made upon the terms and conditions established by the | 22 |
| Authority, including without limitation provisions as to | 23 |
| security, default, termination, payment, remedy, jurisdiction | 24 |
| and consent to service of process. | 25 |
| (i) The Authority may enter into, amend, or terminate, as | 26 |
| it deems to be necessary or appropriate, any related bond |
|
|
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SB3660 Enrolled |
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| 1 |
| facility to place the obligations or investments of the | 2 |
| Authority, as represented by the bonds or the investment of | 3 |
| reserves securing the bonds or related bond facilities or other | 4 |
| tobacco settlement revenues or its other assets, in whole or in | 5 |
| part, on the interest rate, cash flow, or other basis approved | 6 |
| by the Authority, which facility may include without limitation | 7 |
| contracts commonly known as interest rate swap agreements, | 8 |
| forward purchase contracts, or guaranteed investment contracts | 9 |
| and futures or contracts providing for payments based on levels | 10 |
| of, or changes in, interest rates. These contracts or | 11 |
| arrangements may be entered into by the Authority in connection | 12 |
| with, or incidental to, entering into, or maintaining any (i) | 13 |
| agreement which secures bonds of the Authority or (ii) | 14 |
| investment or contract providing for investment of reserves or | 15 |
| similar facility guaranteeing an investment rate for a period | 16 |
| of years not to exceed the underlying term of the bonds. The | 17 |
| determination by the Authority that a related bond facility or | 18 |
| the amendment or termination thereof is necessary or | 19 |
| appropriate as aforesaid shall be conclusive. Any related bond | 20 |
| facility may contain such provisions as to security, default, | 21 |
| termination, payment, remedy, jurisdiction, and consent to | 22 |
| service of process and other terms and conditions as determined | 23 |
| by the Authority, after giving due consideration to the | 24 |
| creditworthiness of the counterparty or other obligated party, | 25 |
| including any rating by any nationally recognized rating | 26 |
| agency, and any other criteria as may be appropriate. |
|
|
|
SB3660 Enrolled |
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|
| 1 |
| (j) Bonds or any related bond facility may contain a | 2 |
| recital that they are issued or executed, respectively, | 3 |
| pursuant to this Act, which recital shall be conclusive | 4 |
| evidence of their validity, respectively, and the regularity of | 5 |
| the proceedings relating thereto. | 6 |
| Section 3-7. State not liable on bonds or related bond | 7 |
| facilities. No bond or related bond facility shall constitute | 8 |
| an indebtedness or an obligation of the State of Illinois or | 9 |
| any subdivision thereof, within the purview of any | 10 |
| constitutional or statutory limitation or provision or a charge | 11 |
| against the general credit or taxing powers, if any, of any of | 12 |
| them but shall be payable solely from pledged tobacco revenues. | 13 |
| No owner of any bond or provider of any related bond facility | 14 |
| shall have the right to compel the exercise of the taxing power | 15 |
| of the State to pay any principal installment of, redemption | 16 |
| premium, if any, or interest on the bonds or to make any | 17 |
| payment due under any related bond facility. | 18 |
| Section 3-8. Agreement with the State. | 19 |
| (a) The State pledges and agrees with the Authority, and | 20 |
| the owners of the bonds of the Authority in which the Authority | 21 |
| has included such pledge and agreement, that the State shall | 22 |
| (i) irrevocably direct the escrow agent under the Master | 23 |
| Settlement Agreement to transfer all pledged tobacco revenues | 24 |
| directly to the Authority or its assignee, (ii) enforce its |
|
|
|
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| 1 |
| right to collect all moneys due from the participating | 2 |
| manufacturers under the Master Settlement Agreement and, in | 3 |
| addition, shall diligently enforce the qualifying statute as | 4 |
| contemplated in Section IX(d)(2)(B) of the Master Settlement | 5 |
| Agreement against all nonparticipating manufacturers selling | 6 |
| tobacco products in the State and that are not in compliance | 7 |
| with the qualifying statute, in each case in the manner and to | 8 |
| the extent deemed necessary in the judgment of and consistent | 9 |
| with the discretion of the Attorney General of the State, | 10 |
| provided, however, that the sale agreement shall provide (a) | 11 |
| that the remedies available to the Authority and the | 12 |
| bondholders for any breach of the pledges and agreements of the | 13 |
| State set forth in this clause shall be limited to injunctive | 14 |
| relief, and (b) that the State shall be deemed to have | 15 |
| diligently enforced the qualifying statute so long as there has | 16 |
| been no judicial determination by a court of competent | 17 |
| jurisdiction in this State, in an action commenced by a | 18 |
| participating tobacco manufacturer under the Master Settlement | 19 |
| Agreement, that the State has failed to diligently enforce the | 20 |
| qualifying statute for the purposes of Section IX(d)(2)(B) of | 21 |
| the Master Settlement Agreement, (iii) in any materially | 22 |
| adverse way, neither amend the Master Settlement Agreement nor | 23 |
| the Consent Decree or take any other action that would (a) | 24 |
| impair the Authority's right to receive pledged tobacco | 25 |
| revenues, or (b) limit or alter the rights hereby vested in the | 26 |
| Authority to fulfill the terms of its agreements with the |
|
|
|
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| 1 |
| bondholders, or (c) impair the rights and remedies of such | 2 |
| bondholders or the security for such bonds until such bonds, | 3 |
| together with the interest thereon and all costs and expenses | 4 |
| in connection with any action or proceedings by or on behalf of | 5 |
| such bondholders, are fully paid and discharged (provided, that | 6 |
| nothing herein shall be construed to preclude the State's | 7 |
| regulation of smoking, smoking cessation activities and laws, | 8 |
| and taxation and regulation of the sale of cigarettes or the | 9 |
| like or to restrict the right of the State to amend, modify, | 10 |
| repeal, or otherwise alter statutes imposing or relating to the | 11 |
| taxes), and (iv) not amend, supersede or repeal the Master | 12 |
| Settlement Agreement or the qualifying statute in any way that | 13 |
| would materially adversely affect the amount of any payment to, | 14 |
| or the rights to such payments of, the Authority or such | 15 |
| bondholders. This pledge and agreement may be included in the | 16 |
| sale agreement and the Authority may include this pledge and | 17 |
| agreement in any contract with the bondholders of the | 18 |
| Authority. | 19 |
| (b) The provisions of this Act, the bonds issued pursuant | 20 |
| to this Act, and the pledges and agreements by the State and | 21 |
| the Authority to the bondholders shall not be interpreted or | 22 |
| construed to limit or impair the authority or discretion of the | 23 |
| Attorney General to administer and enforce provisions of the | 24 |
| Master Settlement Agreement or to direct, control, and settle | 25 |
| any litigation or arbitration proceeding arising from or | 26 |
| relating to the Master Settlement Agreement. |
|
|
|
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| 1 |
| Section 3-9. Enforcement of contract. The provisions of | 2 |
| this Act and of any resolution or proceeding authorizing the | 3 |
| issuance of bonds or a related bond facility shall constitute a | 4 |
| contract with the holders of the bonds or the related bond | 5 |
| facility, and the provisions thereof shall be enforceable | 6 |
| either by mandamus or other proceeding in any Illinois court of | 7 |
| competent jurisdiction to enforce and compel the performance of | 8 |
| all duties required by this Act and by any resolution | 9 |
| authorizing the issuance of bonds a related bond facility | 10 |
| adopted in response hereto. | 11 |
| Section 3-10. Bonds as legal investments. The State and all | 12 |
| counties, cities, villages, incorporated towns and other | 13 |
| municipal corporations, political subdivisions and public | 14 |
| bodies, and public officers of any thereof, all banks, bankers, | 15 |
| trust companies, savings banks and institutions, building and | 16 |
| loan associations, savings and loan associations, investment | 17 |
| companies, and other persons carrying on a banking business, | 18 |
| all insurance companies, insurance associations, and other | 19 |
| persons carrying on an insurance business, and all executors, | 20 |
| administrators, guardians, trustees, and other fiduciaries may | 21 |
| legally invest any sinking funds, moneys, or other funds | 22 |
| belonging to them or within their control in any bonds issued | 23 |
| pursuant to this Act, it being the purpose of this Section to | 24 |
| authorize the investment in such bonds of all sinking, |
|
|
|
SB3660 Enrolled |
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|
| 1 |
| insurance, retirement, compensation, pension, and trust funds, | 2 |
| whether owned or controlled by private or public persons or | 3 |
| officers; provided, however, that nothing contained in this | 4 |
| Section may be construed as relieving any person, firm, or | 5 |
| corporation from any duty of exercising reasonable care in | 6 |
| selecting securities for purchase or investment. | 7 |
| Section 3-12. Exemption from taxation. It is hereby | 8 |
| determined that the creation of the Authority and the carrying | 9 |
| out of its corporate purposes are in all respects for the | 10 |
| benefit of the people of the State and are public purposes. | 11 |
| Accordingly, the property of the Authority, its income and its | 12 |
| operations shall be exempt from taxation. The Authority shall | 13 |
| not be required to pay any fees, taxes or assessments of any | 14 |
| kind, whether state or local, including, but not limited to, | 15 |
| fees, taxes, ad valorem taxes on real property, sales taxes or | 16 |
| other taxes, upon or with respect to any property owned by it | 17 |
| or under its jurisdiction, control or supervision, or upon the | 18 |
| uses thereof, or upon or with respect to its activities or | 19 |
| operations in furtherance of the powers conferred upon it by | 20 |
| this Act. | 21 |
| Section 3-13. Illinois State Auditing Act. The Auditor | 22 |
| General shall conduct financial audits and program audits of | 23 |
| the Authority, in accordance with the Illinois State Auditing | 24 |
| Act. |
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| 1 |
| Section 3-15. Supplemental nature of Act; construction and | 2 |
| purpose. The powers conferred by this Act shall be in addition | 3 |
| to and supplemental to the powers conferred by any other law, | 4 |
| general or special, and may be exercised notwithstanding the | 5 |
| provisions of any other such law. Insofar as the provisions of | 6 |
| this Act are inconsistent with the provisions of any other law, | 7 |
| general or special, the provisions of this Act shall be | 8 |
| controlling. | 9 |
| Section 3-16. Severability. If any provision of this Act is | 10 |
| held invalid, such provision shall be deemed to be excised and | 11 |
| the invalidity thereof shall not affect any of the other | 12 |
| provisions of this Act. If the application of any provision of | 13 |
| this Act to any person or circumstance is held invalid, it | 14 |
| shall not affect the application of such provision to such | 15 |
| persons or circumstances other than those as to which it is | 16 |
| held invalid. | 17 |
| ARTICLE 5. AMENDATORY PROVISIONS | 18 |
| Section 5-5. The Illinois Administrative Procedure Act is | 19 |
| amended by changing Section 5-45 as follows: | 20 |
| (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 21 |
| Sec. 5-45. Emergency rulemaking. |
|
|
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|
| 1 |
| (a) "Emergency" means the existence of any situation that | 2 |
| any agency
finds reasonably constitutes a threat to the public | 3 |
| interest, safety, or
welfare. | 4 |
| (b) If any agency finds that an
emergency exists that | 5 |
| requires adoption of a rule upon fewer days than
is required by | 6 |
| Section 5-40 and states in writing its reasons for that
| 7 |
| finding, the agency may adopt an emergency rule without prior | 8 |
| notice or
hearing upon filing a notice of emergency rulemaking | 9 |
| with the Secretary of
State under Section 5-70. The notice | 10 |
| shall include the text of the
emergency rule and shall be | 11 |
| published in the Illinois Register. Consent
orders or other | 12 |
| court orders adopting settlements negotiated by an agency
may | 13 |
| be adopted under this Section. Subject to applicable | 14 |
| constitutional or
statutory provisions, an emergency rule | 15 |
| becomes effective immediately upon
filing under Section 5-65 or | 16 |
| at a stated date less than 10 days
thereafter. The agency's | 17 |
| finding and a statement of the specific reasons
for the finding | 18 |
| shall be filed with the rule. The agency shall take
reasonable | 19 |
| and appropriate measures to make emergency rules known to the
| 20 |
| persons who may be affected by them. | 21 |
| (c) An emergency rule may be effective for a period of not | 22 |
| longer than
150 days, but the agency's authority to adopt an | 23 |
| identical rule under Section
5-40 is not precluded. No | 24 |
| emergency rule may be adopted more
than once in any 24 month | 25 |
| period, except that this limitation on the number
of emergency | 26 |
| rules that may be adopted in a 24 month period does not apply
|
|
|
|
SB3660 Enrolled |
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LRB096 20362 HLH 35999 b |
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| 1 |
| to (i) emergency rules that make additions to and deletions | 2 |
| from the Drug
Manual under Section 5-5.16 of the Illinois | 3 |
| Public Aid Code or the
generic drug formulary under Section | 4 |
| 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 5 |
| emergency rules adopted by the Pollution Control
Board before | 6 |
| July 1, 1997 to implement portions of the Livestock Management
| 7 |
| Facilities Act, (iii) emergency rules adopted by the Illinois | 8 |
| Department of Public Health under subsections (a) through (i) | 9 |
| of Section 2 of the Department of Public Health Act when | 10 |
| necessary to protect the public's health, or (iv) emergency | 11 |
| rules adopted pursuant to subsection (n) of this Section , or | 12 |
| (v) emergency rules adopted pursuant to subsection (o) of this | 13 |
| Section . Two or more emergency rules having substantially the | 14 |
| same
purpose and effect shall be deemed to be a single rule for | 15 |
| purposes of this
Section. | 16 |
| (d) In order to provide for the expeditious and timely | 17 |
| implementation
of the State's fiscal year 1999 budget, | 18 |
| emergency rules to implement any
provision of Public Act 90-587 | 19 |
| or 90-588
or any other budget initiative for fiscal year 1999 | 20 |
| may be adopted in
accordance with this Section by the agency | 21 |
| charged with administering that
provision or initiative, | 22 |
| except that the 24-month limitation on the adoption
of | 23 |
| emergency rules and the provisions of Sections 5-115 and 5-125 | 24 |
| do not apply
to rules adopted under this subsection (d). The | 25 |
| adoption of emergency rules
authorized by this subsection (d) | 26 |
| shall be deemed to be necessary for the
public interest, |
|
|
|
SB3660 Enrolled |
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| 1 |
| safety, and welfare. | 2 |
| (e) In order to provide for the expeditious and timely | 3 |
| implementation
of the State's fiscal year 2000 budget, | 4 |
| emergency rules to implement any
provision of this amendatory | 5 |
| Act of the 91st General Assembly
or any other budget initiative | 6 |
| for fiscal year 2000 may be adopted in
accordance with this | 7 |
| Section by the agency charged with administering that
provision | 8 |
| or initiative, except that the 24-month limitation on the | 9 |
| adoption
of emergency rules and the provisions of Sections | 10 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 11 |
| subsection (e). The adoption of emergency rules
authorized by | 12 |
| this subsection (e) shall be deemed to be necessary for the
| 13 |
| public interest, safety, and welfare. | 14 |
| (f) In order to provide for the expeditious and timely | 15 |
| implementation
of the State's fiscal year 2001 budget, | 16 |
| emergency rules to implement any
provision of this amendatory | 17 |
| Act of the 91st General Assembly
or any other budget initiative | 18 |
| for fiscal year 2001 may be adopted in
accordance with this | 19 |
| Section by the agency charged with administering that
provision | 20 |
| or initiative, except that the 24-month limitation on the | 21 |
| adoption
of emergency rules and the provisions of Sections | 22 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 23 |
| subsection (f). The adoption of emergency rules
authorized by | 24 |
| this subsection (f) shall be deemed to be necessary for the
| 25 |
| public interest, safety, and welfare. | 26 |
| (g) In order to provide for the expeditious and timely |
|
|
|
SB3660 Enrolled |
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| 1 |
| implementation
of the State's fiscal year 2002 budget, | 2 |
| emergency rules to implement any
provision of this amendatory | 3 |
| Act of the 92nd General Assembly
or any other budget initiative | 4 |
| for fiscal year 2002 may be adopted in
accordance with this | 5 |
| Section by the agency charged with administering that
provision | 6 |
| or initiative, except that the 24-month limitation on the | 7 |
| adoption
of emergency rules and the provisions of Sections | 8 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 9 |
| subsection (g). The adoption of emergency rules
authorized by | 10 |
| this subsection (g) shall be deemed to be necessary for the
| 11 |
| public interest, safety, and welfare. | 12 |
| (h) In order to provide for the expeditious and timely | 13 |
| implementation
of the State's fiscal year 2003 budget, | 14 |
| emergency rules to implement any
provision of this amendatory | 15 |
| Act of the 92nd General Assembly
or any other budget initiative | 16 |
| for fiscal year 2003 may be adopted in
accordance with this | 17 |
| Section by the agency charged with administering that
provision | 18 |
| or initiative, except that the 24-month limitation on the | 19 |
| adoption
of emergency rules and the provisions of Sections | 20 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 21 |
| subsection (h). The adoption of emergency rules
authorized by | 22 |
| this subsection (h) shall be deemed to be necessary for the
| 23 |
| public interest, safety, and welfare. | 24 |
| (i) In order to provide for the expeditious and timely | 25 |
| implementation
of the State's fiscal year 2004 budget, | 26 |
| emergency rules to implement any
provision of this amendatory |
|
|
|
SB3660 Enrolled |
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LRB096 20362 HLH 35999 b |
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| 1 |
| Act of the 93rd General Assembly
or any other budget initiative | 2 |
| for fiscal year 2004 may be adopted in
accordance with this | 3 |
| Section by the agency charged with administering that
provision | 4 |
| or initiative, except that the 24-month limitation on the | 5 |
| adoption
of emergency rules and the provisions of Sections | 6 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 7 |
| subsection (i). The adoption of emergency rules
authorized by | 8 |
| this subsection (i) shall be deemed to be necessary for the
| 9 |
| public interest, safety, and welfare. | 10 |
| (j) In order to provide for the expeditious and timely | 11 |
| implementation of the provisions of the State's fiscal year | 12 |
| 2005 budget as provided under the Fiscal Year 2005 Budget | 13 |
| Implementation (Human Services) Act, emergency rules to | 14 |
| implement any provision of the Fiscal Year 2005 Budget | 15 |
| Implementation (Human Services) Act may be adopted in | 16 |
| accordance with this Section by the agency charged with | 17 |
| administering that provision, except that the 24-month | 18 |
| limitation on the adoption of emergency rules and the | 19 |
| provisions of Sections 5-115 and 5-125 do not apply to rules | 20 |
| adopted under this subsection (j). The Department of Public Aid | 21 |
| may also adopt rules under this subsection (j) necessary to | 22 |
| administer the Illinois Public Aid Code and the Children's | 23 |
| Health Insurance Program Act. The adoption of emergency rules | 24 |
| authorized by this subsection (j) shall be deemed to be | 25 |
| necessary for the public interest, safety, and welfare.
| 26 |
| (k) In order to provide for the expeditious and timely |
|
|
|
SB3660 Enrolled |
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LRB096 20362 HLH 35999 b |
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| 1 |
| implementation of the provisions of the State's fiscal year | 2 |
| 2006 budget, emergency rules to implement any provision of this | 3 |
| amendatory Act of the 94th General Assembly or any other budget | 4 |
| initiative for fiscal year 2006 may be adopted in accordance | 5 |
| with this Section by the agency charged with administering that | 6 |
| provision or initiative, except that the 24-month limitation on | 7 |
| the adoption of emergency rules and the provisions of Sections | 8 |
| 5-115 and 5-125 do not apply to rules adopted under this | 9 |
| subsection (k). The Department of Healthcare and Family | 10 |
| Services may also adopt rules under this subsection (k) | 11 |
| necessary to administer the Illinois Public Aid Code, the | 12 |
| Senior Citizens and Disabled Persons Property Tax Relief and | 13 |
| Pharmaceutical Assistance Act, the Senior Citizens and | 14 |
| Disabled Persons Prescription Drug Discount Program Act (now | 15 |
| the Illinois Prescription Drug Discount Program Act), and the | 16 |
| Children's Health Insurance Program Act. The adoption of | 17 |
| emergency rules authorized by this subsection (k) shall be | 18 |
| deemed to be necessary for the public interest, safety, and | 19 |
| welfare.
| 20 |
| (l) In order to provide for the expeditious and timely | 21 |
| implementation of the provisions of the
State's fiscal year | 22 |
| 2007 budget, the Department of Healthcare and Family Services | 23 |
| may adopt emergency rules during fiscal year 2007, including | 24 |
| rules effective July 1, 2007, in
accordance with this | 25 |
| subsection to the extent necessary to administer the | 26 |
| Department's responsibilities with respect to amendments to |
|
|
|
SB3660 Enrolled |
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LRB096 20362 HLH 35999 b |
|
| 1 |
| the State plans and Illinois waivers approved by the federal | 2 |
| Centers for Medicare and Medicaid Services necessitated by the | 3 |
| requirements of Title XIX and Title XXI of the federal Social | 4 |
| Security Act. The adoption of emergency rules
authorized by | 5 |
| this subsection (l) shall be deemed to be necessary for the | 6 |
| public interest,
safety, and welfare.
| 7 |
| (m) In order to provide for the expeditious and timely | 8 |
| implementation of the provisions of the
State's fiscal year | 9 |
| 2008 budget, the Department of Healthcare and Family Services | 10 |
| may adopt emergency rules during fiscal year 2008, including | 11 |
| rules effective July 1, 2008, in
accordance with this | 12 |
| subsection to the extent necessary to administer the | 13 |
| Department's responsibilities with respect to amendments to | 14 |
| the State plans and Illinois waivers approved by the federal | 15 |
| Centers for Medicare and Medicaid Services necessitated by the | 16 |
| requirements of Title XIX and Title XXI of the federal Social | 17 |
| Security Act. The adoption of emergency rules
authorized by | 18 |
| this subsection (m) shall be deemed to be necessary for the | 19 |
| public interest,
safety, and welfare.
| 20 |
| (n) In order to provide for the expeditious and timely | 21 |
| implementation of the provisions of the State's fiscal year | 22 |
| 2010 budget, emergency rules to implement any provision of this | 23 |
| amendatory Act of the 96th General Assembly or any other budget | 24 |
| initiative authorized by the 96th General Assembly for fiscal | 25 |
| year 2010 may be adopted in accordance with this Section by the | 26 |
| agency charged with administering that provision or |
|
|
|
SB3660 Enrolled |
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LRB096 20362 HLH 35999 b |
|
| 1 |
| initiative. The adoption of emergency rules authorized by this | 2 |
| subsection (n) shall be deemed to be necessary for the public | 3 |
| interest, safety, and welfare. The rulemaking authority | 4 |
| granted in this subsection (n) shall apply only to rules | 5 |
| promulgated during Fiscal Year 2010. | 6 |
| (o) In order to provide for the expeditious and timely | 7 |
| implementation of the provisions of the State's fiscal year | 8 |
| 2011 budget, emergency rules to implement any provision of this | 9 |
| amendatory Act of the 96th General Assembly or any other budget | 10 |
| initiative authorized by the 96th General Assembly for fiscal | 11 |
| year 2011 may be adopted in accordance with this Section by the | 12 |
| agency charged with administering that provision or | 13 |
| initiative. The adoption of emergency rules authorized by this | 14 |
| subsection (o) is deemed to be necessary for the public | 15 |
| interest, safety, and welfare. The rulemaking authority | 16 |
| granted in this subsection (o) applies only to rules | 17 |
| promulgated on or after the effective date of this amendatory | 18 |
| Act of the 96th General Assembly through January 9, 2011. | 19 |
| (Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 96-45, | 20 |
| eff. 7-15-09.) | 21 |
| Section 5-10. The General Assembly Compensation Act is | 22 |
| amended by adding Section 1.6 as follows: | 23 |
| (25 ILCS 115/1.6 new) | 24 |
| Sec. 1.6. FY11 furlough days. During the first 6 months of |
|
|
|
SB3660 Enrolled |
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LRB096 20362 HLH 35999 b |
|
| 1 |
| the fiscal year beginning July 1, 2010, every member of the | 2 |
| 96th General Assembly is mandatorily required to forfeit 6 days | 3 |
| of compensation. The State Comptroller shall deduct the | 4 |
| equivalent of 1/261st of the annual salary of each member of | 5 |
| the 96th General Assembly from the compensation of that member | 6 |
| in each of the first 6 months of the fiscal year. During the | 7 |
| second 6 months of the fiscal year beginning July 1, 2010, | 8 |
| every member of the 97th General Assembly is mandatorily | 9 |
| required to forfeit 6 days of compensation. The State | 10 |
| Comptroller shall deduct the equivalent of 1/261st of the | 11 |
| annual salary of each member of the 97th General Assembly from | 12 |
| the compensation of that member in each of the second 6 months | 13 |
| of the fiscal year. For purposes of this Section, annual | 14 |
| compensation includes compensation paid to each member by the | 15 |
| State for one year of service pursuant to Section 1, except any | 16 |
| payments made for mileage and allowances for travel and meals. | 17 |
| The forfeiture required by this Section is not considered a | 18 |
| change in salary and shall not impact pension or other benefits | 19 |
| provided to members of the General Assembly. | 20 |
| Section 5-15. The State Finance Act is amended by changing | 21 |
| Sections 6z-43, 14.1, and 25 and by adding Sections 5h and 14.2 | 22 |
| as follows: | 23 |
| (30 ILCS 105/5h new) | 24 |
| Sec. 5h. Cash flow borrowing and general funds liquidity. |
|
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| (a) In order to meet cash flow deficits and to maintain | 2 |
| liquidity in the General Revenue Fund and the Common School | 3 |
| Fund, on and after July 1, 2010 and through January 9, 2011, | 4 |
| the State Treasurer and the State Comptroller shall make | 5 |
| transfers to the General Revenue Fund or the Common School | 6 |
| Fund, as directed by the Governor, out of special funds of the | 7 |
| State, to the extent allowed by federal law. No transfer may be | 8 |
| made from a fund under this Section that would have the effect | 9 |
| of reducing the available balance in the fund to an amount less | 10 |
| than the amount remaining unexpended and unreserved from the | 11 |
| total appropriation from that fund estimated to be expended for | 12 |
| that fiscal year. No such transfer may reduce the cumulative | 13 |
| balance of all of the special funds of the State to an amount | 14 |
| less than the total debt service payable during the 12 months | 15 |
| immediately following the date of the transfer on any bonded | 16 |
| indebtedness of the State and any certificates issued under the | 17 |
| Short Term Borrowing Act. Notwithstanding any other provision | 18 |
| of this Section, no such transfer may be made from any special | 19 |
| fund that is exclusively collected by or appropriated to any | 20 |
| other constitutional officer without the written approval of | 21 |
| that constitutional officer. | 22 |
| (b) If moneys have been transferred to the General Revenue | 23 |
| Fund or the Common School Fund pursuant to subsection (a) of | 24 |
| this Section, this amendatory Act of the 96th General Assembly | 25 |
| shall constitute the irrevocable and continuing authority for | 26 |
| and direction to the State Treasurer and State Comptroller to |
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| reimburse the funds of origin from the General Revenue Fund or | 2 |
| the Common School Fund, as appropriate, by transferring to the | 3 |
| funds of origin, at such times and in such amounts as directed | 4 |
| by the Governor when necessary to support appropriated | 5 |
| expenditures from the funds, an amount equal to that | 6 |
| transferred from them plus any interest that would have accrued | 7 |
| thereon had the transfer not occurred, except that any moneys | 8 |
| transferred pursuant to subsection (a) of this Section shall be | 9 |
| repaid to the fund of origin within 18 months after the date on | 10 |
| which they were borrowed. | 11 |
| (c) On the first day of each quarterly period in each | 12 |
| fiscal year, the Governor's Office of Management and Budget | 13 |
| shall provide to the President and the Minority Leader of the | 14 |
| Senate, the Speaker and the Minority Leader of the House of | 15 |
| Representatives, and the Commission on Government Forecasting | 16 |
| and Accountability a report on all transfers made pursuant to | 17 |
| this Section in the prior quarterly period. The report must be | 18 |
| provided in both written and electronic format. The report must | 19 |
| include all of the following: | 20 |
| (1) The date each transfer was made. | 21 |
| (2) The amount of each transfer. | 22 |
| (3) In the case of a transfer from the General Revenue | 23 |
| Fund or the Common School Fund to a fund of origin pursuant | 24 |
| to subsection (b) of this Section, the amount of interest | 25 |
| being paid to the fund of origin. | 26 |
| (4) The end of day balance of both the fund of origin |
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| and the General Revenue Fund or the Common School Fund, | 2 |
| whichever the case may be, on the date the transfer was | 3 |
| made.
| 4 |
| (30 ILCS 105/6z-43)
| 5 |
| Sec. 6z-43. Tobacco Settlement Recovery Fund.
| 6 |
| (a) There is created in the State Treasury a special fund | 7 |
| to be known
as the Tobacco Settlement Recovery Fund, which | 8 |
| shall contain 3 accounts: (i) the General Account, (ii) the | 9 |
| Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco | 10 |
| Settlement Residual Account. There shall be deposited into the | 11 |
| several accounts of the Tobacco Settlement Recovery Fund into | 12 |
| which shall be deposited
all monies paid to the State pursuant | 13 |
| to (1) the Master Settlement Agreement
entered in the case of | 14 |
| People of the State of Illinois v. Philip Morris, et al.
| 15 |
| (Circuit Court of Cook County, No. 96-L13146) and (2) any | 16 |
| settlement with or
judgment against any tobacco product | 17 |
| manufacturer other than one participating
in the Master | 18 |
| Settlement Agreement in satisfaction of any released claim as
| 19 |
| defined in the Master Settlement Agreement, as well as any | 20 |
| other monies as
provided by law. Moneys All earnings on Fund | 21 |
| investments shall be deposited into
the Tobacco Settlement Bond | 22 |
| Proceeds Account and the Tobacco Settlement Residual Account as | 23 |
| provided by the terms of the Railsplitter Tobacco Settlement | 24 |
| Authority Act, provided that an annual amount not less than | 25 |
| $2,500,000, subject to appropriation, shall be deposited into |
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| the Tobacco Settlement Residual Account for use by the Attorney | 2 |
| General for enforcement of the Master Settlement Agreement. All | 3 |
| other moneys available to be deposited into the Tobacco | 4 |
| Settlement Recovery Fund shall be deposited into the General | 5 |
| Account. An investment made from moneys credited to a specific | 6 |
| account constitutes part of that account and such account shall | 7 |
| be credited with all income from the investment of such moneys. | 8 |
| Fund. Upon the creation of the Fund, the State Comptroller | 9 |
| shall order
the State Treasurer to transfer into the Fund any | 10 |
| monies paid to the State as
described in item (1) or (2) of | 11 |
| this Section before the creation of the Fund
plus any interest | 12 |
| earned on the investment of those monies. The Treasurer
may | 13 |
| invest the moneys in the several accounts the Fund in the same | 14 |
| manner, in the same types of
investments, and subject to the | 15 |
| same limitations provided in the Illinois
Pension Code for the | 16 |
| investment of pension funds other than those established
under | 17 |
| Article 3 or 4 of the Code. Notwithstanding the foregoing, to | 18 |
| the extent necessary to preserve the tax-exempt status of any | 19 |
| bonds issued pursuant to the Railsplitter Tobacco Settlement | 20 |
| Authority Act, the interest on which is intended to be | 21 |
| excludable from the gross income of the owners for federal | 22 |
| income tax purposes, moneys on deposit in the Tobacco | 23 |
| Settlement Bond Proceeds Account and the Tobacco Settlement | 24 |
| Residual Account may be invested in obligations the interest | 25 |
| upon which is tax-exempt under the provisions of Section 103 of | 26 |
| the Internal Revenue Code of 1986, as now or hereafter amended, |
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| or any successor code or provision.
| 2 |
| (b) Moneys on deposit in the Tobacco Settlement Bond | 3 |
| Proceeds Account and the Tobacco Settlement Residual Account | 4 |
| may be expended, subject to appropriation, for the purposes | 5 |
| authorized in Section 6(g) of the Railsplitter Tobacco | 6 |
| Settlement Authority Act. | 7 |
| (c) (b) As soon as may be practical after June 30, 2001, | 8 |
| upon notification
from and at the direction of the Governor, | 9 |
| the State Comptroller shall direct
and the State Treasurer | 10 |
| shall transfer the unencumbered balance in the Tobacco
| 11 |
| Settlement Recovery Fund as of June 30, 2001, as determined by | 12 |
| the Governor,
into the Budget Stabilization Fund. The Treasurer | 13 |
| may invest the moneys in the
Budget Stabilization Fund in the | 14 |
| same manner, in the same types of investments,
and subject to | 15 |
| the same limitations provided in the Illinois Pension Code for
| 16 |
| the investment of pension funds other than those established | 17 |
| under Article 3 or
4 of the Code.
| 18 |
| (c) In addition to any other deposits authorized by law, | 19 |
| after any delivery
of any bonds as authorized by Section 7.5 of | 20 |
| the General Obligation Bond Act
for deposits to the General | 21 |
| Revenue Fund and the Budget Stabilization Fund
(referred to as | 22 |
| "tobacco securitization general obligation bonds"), the
| 23 |
| Governor shall certify, on or before June 30, 2003 and June 30 | 24 |
| of each year
thereafter, to the State Comptroller and State | 25 |
| Treasurer the total amount of
principal of, interest on, and | 26 |
| premium, if any, due on those bonds in the
next fiscal year |
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| 1 |
| beginning with amounts due in fiscal year 2004. As soon as
| 2 |
| practical after the annual payment of tobacco settlement moneys | 3 |
| to the Tobacco
Settlement Recovery Fund as described in item | 4 |
| (1) of subsection (a), the State
Treasurer and State | 5 |
| Comptroller shall transfer from the Tobacco Settlement
| 6 |
| Recovery Fund to the General Obligation Bond Retirement and | 7 |
| Interest Fund the
amount certified by the Governor, plus any | 8 |
| cumulative deficiency in those
transfers for prior years.
| 9 |
| (d) All federal financial participation moneys received
| 10 |
| pursuant to expenditures from the Fund shall be deposited into | 11 |
| the General Account Fund .
| 12 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 13 |
| (30 ILCS 105/14.1)
(from Ch. 127, par. 150.1)
| 14 |
| Sec. 14.1. Appropriations for State contributions to the | 15 |
| State
Employees' Retirement System; payroll requirements. | 16 |
| (a) Appropriations for State contributions to the State
| 17 |
| Employees' Retirement System of Illinois shall be expended in | 18 |
| the manner
provided in this Section.
Except as otherwise | 19 |
| provided in subsections (a-1) and (a-2),
at the time of each | 20 |
| payment of salary to an
employee under the personal services | 21 |
| line item, payment shall be made to
the State Employees' | 22 |
| Retirement System, from the amount appropriated for
State | 23 |
| contributions to the State Employees' Retirement System, of an | 24 |
| amount
calculated at the rate certified for the applicable | 25 |
| fiscal year by the
Board of Trustees of the State Employees' |
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| Retirement System under Section
14-135.08 of the Illinois | 2 |
| Pension Code. If a line item appropriation to an
employer for | 3 |
| this purpose is exhausted or is unavailable due to any | 4 |
| limitation on appropriations that may apply, (including, but | 5 |
| not limited to, limitations on appropriations from the Road | 6 |
| Fund under Section 8.3 of the State Finance Act), the amounts | 7 |
| shall be
paid under the continuing appropriation for this | 8 |
| purpose contained in the State
Pension Funds Continuing | 9 |
| Appropriation Act.
| 10 |
| (a-1) Beginning on the effective date of this amendatory | 11 |
| Act of the 93rd
General Assembly through the payment of the | 12 |
| final payroll from fiscal
year 2004 appropriations, | 13 |
| appropriations for State contributions to the
State Employees' | 14 |
| Retirement System of Illinois shall be expended in the
manner | 15 |
| provided in this subsection (a-1). At the time of each payment | 16 |
| of
salary to an employee under the personal services line item | 17 |
| from a fund
other than the General Revenue Fund, payment shall | 18 |
| be made for deposit
into the General Revenue Fund from the | 19 |
| amount appropriated for State
contributions to the State | 20 |
| Employees' Retirement System of an amount
calculated at the | 21 |
| rate certified for fiscal year 2004 by the Board of
Trustees of | 22 |
| the State Employees' Retirement System under Section
14-135.08 | 23 |
| of the Illinois Pension Code. This payment shall be made to
the | 24 |
| extent that a line item appropriation to an employer for this | 25 |
| purpose is
available or unexhausted. No payment from | 26 |
| appropriations for State
contributions shall be made in |
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| conjunction with payment of salary to an
employee under the | 2 |
| personal services line item from the General Revenue
Fund.
| 3 |
| (a-2) For fiscal year 2010 only, at the time of each | 4 |
| payment of salary to an employee under the personal services | 5 |
| line item from a fund other than the General Revenue Fund, | 6 |
| payment shall be made for deposit into the State Employees' | 7 |
| Retirement System of Illinois from the amount appropriated for | 8 |
| State contributions to the State Employees' Retirement System | 9 |
| of Illinois of an amount calculated at the rate certified for | 10 |
| fiscal year 2010 by the Board of Trustees of the State | 11 |
| Employees' Retirement System of Illinois under Section | 12 |
| 14-135.08 of the Illinois Pension Code. This payment shall be | 13 |
| made to the extent that a line item appropriation to an | 14 |
| employer for this purpose is available or unexhausted. For | 15 |
| fiscal year 2010 only, no payment from appropriations for State | 16 |
| contributions shall be made in conjunction with payment of | 17 |
| salary to an employee under the personal services line item | 18 |
| from the General Revenue Fund. | 19 |
| (a-3) For fiscal year 2011 only, at the time of each | 20 |
| payment of salary to an employee under the personal services | 21 |
| line item from a fund other than the General Revenue Fund, | 22 |
| payment shall be made for deposit into the State Employees' | 23 |
| Retirement System of Illinois from the amount appropriated for | 24 |
| State contributions to the State Employees' Retirement System | 25 |
| of Illinois of an amount calculated at the rate certified for | 26 |
| fiscal year 2011 by the Board of Trustees of the State |
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| Employees' Retirement System of Illinois under Section | 2 |
| 14-135.08 of the Illinois Pension Code. This payment shall be | 3 |
| made to the extent that a line item appropriation to an | 4 |
| employer for this purpose is available or unexhausted. For | 5 |
| fiscal year 2011 only, no payment from appropriations for State | 6 |
| contributions shall be made in conjunction with payment of | 7 |
| salary to an employee under the personal services line item | 8 |
| from the General Revenue Fund. | 9 |
| (b) Except during the period beginning on the effective | 10 |
| date of this
amendatory
Act of the 93rd General Assembly and | 11 |
| ending at the time of the payment of the
final payroll from | 12 |
| fiscal year 2004 appropriations, the State Comptroller
shall | 13 |
| not approve for payment any payroll
voucher that (1) includes | 14 |
| payments of salary to eligible employees in the
State | 15 |
| Employees' Retirement System of Illinois and (2) does not | 16 |
| include the
corresponding payment of State contributions to | 17 |
| that retirement system at the
full rate certified under Section | 18 |
| 14-135.08 for that fiscal year for eligible
employees, unless | 19 |
| the balance in the fund on which the payroll voucher is drawn
| 20 |
| is insufficient to pay the total payroll voucher, or | 21 |
| unavailable due to any limitation on appropriations that may | 22 |
| apply, including, but not limited to, limitations on | 23 |
| appropriations from the Road Fund under Section 8.3 of the | 24 |
| State Finance Act. If the State Comptroller
approves a payroll | 25 |
| voucher under this Section for which the fund balance is
| 26 |
| insufficient to pay the full amount of the required State |
|
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| contribution to the
State Employees' Retirement System, the | 2 |
| Comptroller shall promptly so notify
the Retirement System.
| 3 |
| (b-1) For fiscal year 2010 only, the State Comptroller | 4 |
| shall not approve for payment any non-General Revenue Fund | 5 |
| payroll voucher that (1) includes payments of salary to | 6 |
| eligible employees in the State Employees' Retirement System of | 7 |
| Illinois and (2) does not include the corresponding payment of | 8 |
| State contributions to that retirement system at the full rate | 9 |
| certified under Section 14-135.08 for that fiscal year for | 10 |
| eligible employees, unless the balance in the fund on which the | 11 |
| payroll voucher is drawn is insufficient to pay the total | 12 |
| payroll voucher, or unavailable due to any limitation on | 13 |
| appropriations that may apply, including, but not limited to, | 14 |
| limitations on appropriations from the Road Fund under Section | 15 |
| 8.3 of the State Finance Act. If the State Comptroller approves | 16 |
| a payroll voucher under this Section for which the fund balance | 17 |
| is insufficient to pay the full amount of the required State | 18 |
| contribution to the State Employees' Retirement System of | 19 |
| Illinois, the Comptroller shall promptly so notify the | 20 |
| retirement system. | 21 |
| (c) Notwithstanding any other provisions of law, beginning | 22 |
| July 1, 2007, required State and employee contributions to the | 23 |
| State Employees' Retirement System of Illinois relating to | 24 |
| affected legislative staff employees shall be paid out of | 25 |
| moneys appropriated for that purpose to the Commission on | 26 |
| Government Forecasting and Accountability, rather than out of |
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| the lump-sum appropriations otherwise made for the payroll and | 2 |
| other costs of those employees. | 3 |
| These payments must be made pursuant to payroll vouchers | 4 |
| submitted by the employing entity as part of the regular | 5 |
| payroll voucher process. | 6 |
| For the purpose of this subsection, "affected legislative | 7 |
| staff employees" means legislative staff employees paid out of | 8 |
| lump-sum appropriations made to the General Assembly, an | 9 |
| Officer of the General Assembly, or the Senate Operations | 10 |
| Commission, but does not include district-office staff or | 11 |
| employees of legislative support services agencies. | 12 |
| (Source: P.A. 95-707, eff. 1-11-08; 96-45, eff. 7-15-09.)
| 13 |
| (30 ILCS 105/14.2 new) | 14 |
| Sec. 14.2. Fiscal year 2011 State officer compensation | 15 |
| forfeiture. | 16 |
| (a) During the fiscal year beginning on July 1, 2010, each | 17 |
| State officer listed in subsection (b) is required to forfeit | 18 |
| one day of compensation each month. The State Comptroller shall | 19 |
| deduct the equivalent of 1/261st of the annual compensation of | 20 |
| each of those State officers that is paid from the General | 21 |
| Revenue Fund from the compensation of that State officer in | 22 |
| each month of the fiscal year. For purposes of this Section, | 23 |
| annual compensation includes compensation paid to each of those | 24 |
| State officers by the State for one year of service, except any | 25 |
| payments made for mileage and allowances for travel and meals. |
|
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| The forfeiture required by this Section is not considered a | 2 |
| change in salary and shall not impact pension or other benefits | 3 |
| provided to those State officers. | 4 |
| (b) "State officers" for the purposes of subsection (a) are | 5 |
| the following: | 6 |
| Governor | 7 |
| Lieutenant Governor | 8 |
| Secretary of State | 9 |
| Attorney General | 10 |
| Comptroller | 11 |
| State Treasurer | 12 |
| Department on Aging: Director | 13 |
| Department of Agriculture: Director and Assistant | 14 |
| Director | 15 |
| Department of Central Management Services: Director | 16 |
| and Assistant Directors | 17 |
| Department of Children and Family Services: Director | 18 |
| Department of Corrections: Director and Assistant | 19 |
| Director | 20 |
| Department of Commerce and Economic Opportunity: | 21 |
| Director and Assistant Director | 22 |
| Environmental Protection Agency: Director | 23 |
| Department of Financial and Professional Regulation: | 24 |
| Secretary and Directors | 25 |
| Department of Human Services: Secretary and Assistant | 26 |
| Secretaries |
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| Department of Juvenile Justice: Director | 2 |
| Department of Labor: Director, Assistant Director, | 3 |
| Chief Factory Inspector, and Superintendent of Safety | 4 |
| Inspection and Education | 5 |
| Department of State Police: Director and Assistant | 6 |
| Director | 7 |
| Department of Military Affairs: Adjutant General and | 8 |
| Chief Assistants to the Adjutant General | 9 |
| Department of Natural Resources: Director, Assistant | 10 |
| Director, Mine Officers, and Miners' Examining Officers | 11 |
| Illinois Labor Relations Board: Chairman, State Labor | 12 |
| Relations Board members, and Local Labor Relations Board | 13 |
| members | 14 |
| Department of Healthcare and Family Services: Director | 15 |
| and Assistant Director | 16 |
| Department of Public Health: Director and Assistant | 17 |
| Director | 18 |
| Department of Revenue: Director and Assistant Director | 19 |
| Property Tax Appeal Board: Chairman and members | 20 |
| Department of Veterans' Affairs: Director and | 21 |
| Assistant Director | 22 |
| Civil Service Commission: Chairman and members | 23 |
| Commerce Commission: Chairman and members | 24 |
| State Board of Elections: Chairman, Vice-Chairman, and | 25 |
| members | 26 |
| Illinois Emergency Management Agency: Director and |
|
|
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| 1 |
| Assistant Director | 2 |
| Department of Human Rights: Director | 3 |
| Human Rights Commission: Chairman and members | 4 |
| Illinois Workers' Compensation Commission: Chairman | 5 |
| and members | 6 |
| Liquor Control Commission: Chairman, members, and | 7 |
| Secretary | 8 |
| Executive Ethics Commission: members | 9 |
| Illinois Power Agency: Director | 10 |
| Pollution Control Board: Chairman and members | 11 |
| Prisoner Review Board: Chairman and members | 12 |
| Secretary of State Merit Commission: Chairman and | 13 |
| members | 14 |
| Educational Labor Relations Board: Chairman and | 15 |
| members | 16 |
| Department of Transportation: Secretary and Assistant | 17 |
| Secretary | 18 |
| Office of Small Business Utility Advocate: small | 19 |
| business utility advocate | 20 |
| Executive Inspector General for the Office of the
| 21 |
| Governor | 22 |
| Executive Inspector General for the Office of the
| 23 |
| Attorney General | 24 |
| Executive Inspector General for the Office of the
| 25 |
| Secretary of State | 26 |
| Executive Inspector General for the Office of the
|
|
|
|
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| 1 |
| Comptroller | 2 |
| Executive Inspector General for the Office of the | 3 |
| Treasurer | 4 |
| Office of Auditor General: Auditor General and Deputy | 5 |
| Auditors General. | 6 |
| (30 ILCS 105/25) (from Ch. 127, par. 161) | 7 |
| Sec. 25. Fiscal year limitations. | 8 |
| (a) All appropriations shall be
available for expenditure | 9 |
| for the fiscal year or for a lesser period if the
Act making | 10 |
| that appropriation so specifies. A deficiency or emergency
| 11 |
| appropriation shall be available for expenditure only through | 12 |
| June 30 of
the year when the Act making that appropriation is | 13 |
| enacted unless that Act
otherwise provides. | 14 |
| (b) Outstanding liabilities as of June 30, payable from | 15 |
| appropriations
which have otherwise expired, may be paid out of | 16 |
| the expiring
appropriations during the 2-month period ending at | 17 |
| the
close of business on August 31. Any service involving
| 18 |
| professional or artistic skills or any personal services by an | 19 |
| employee whose
compensation is subject to income tax | 20 |
| withholding must be performed as of June
30 of the fiscal year | 21 |
| in order to be considered an "outstanding liability as of
June | 22 |
| 30" that is thereby eligible for payment out of the expiring
| 23 |
| appropriation. | 24 |
| However, payment of tuition reimbursement claims under | 25 |
| Section 14-7.03 or
18-3 of the School Code may be made by the |
|
|
|
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| 1 |
| State Board of Education from its
appropriations for those | 2 |
| respective purposes for any fiscal year, even though
the claims | 3 |
| reimbursed by the payment may be claims attributable to a prior
| 4 |
| fiscal year, and payments may be made at the direction of the | 5 |
| State
Superintendent of Education from the fund from which the | 6 |
| appropriation is made
without regard to any fiscal year | 7 |
| limitations. | 8 |
| All outstanding liabilities as of June 30, 2010, payable | 9 |
| from appropriations that would otherwise expire at the | 10 |
| conclusion of the lapse period for fiscal year 2010, and | 11 |
| interest penalties payable on those liabilities under the State | 12 |
| Prompt Payment Act, may be paid out of the expiring | 13 |
| appropriations until December 31, 2010, without regard to the | 14 |
| fiscal year in which the payment is made, as long as vouchers | 15 |
| for the liabilities are received by the Comptroller no later | 16 |
| than August 31, 2010. | 17 |
| Medical payments may be made by the Department of Veterans' | 18 |
| Affairs from
its
appropriations for those purposes for any | 19 |
| fiscal year, without regard to the
fact that the medical | 20 |
| services being compensated for by such payment may have
been | 21 |
| rendered in a prior fiscal year. | 22 |
| Medical payments may be made by the Department of | 23 |
| Healthcare and Family Services and medical payments and child | 24 |
| care
payments may be made by the Department of
Human Services | 25 |
| (as successor to the Department of Public Aid) from
| 26 |
| appropriations for those purposes for any fiscal year,
without |
|
|
|
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| 1 |
| regard to the fact that the medical or child care services | 2 |
| being
compensated for by such payment may have been rendered in | 3 |
| a prior fiscal
year; and payments may be made at the direction | 4 |
| of the Department of
Central Management Services from the | 5 |
| Health Insurance Reserve Fund and the
Local Government Health | 6 |
| Insurance Reserve Fund without regard to any fiscal
year | 7 |
| limitations. | 8 |
| Medical payments may be made by the Department of Human | 9 |
| Services from its appropriations relating to substance abuse | 10 |
| treatment services for any fiscal year, without regard to the | 11 |
| fact that the medical services being compensated for by such | 12 |
| payment may have been rendered in a prior fiscal year, provided | 13 |
| the payments are made on a fee-for-service basis consistent | 14 |
| with requirements established for Medicaid reimbursement by | 15 |
| the Department of Healthcare and Family Services. | 16 |
| Additionally, payments may be made by the Department of | 17 |
| Human Services from
its appropriations, or any other State | 18 |
| agency from its appropriations with
the approval of the | 19 |
| Department of Human Services, from the Immigration Reform
and | 20 |
| Control Fund for purposes authorized pursuant to the | 21 |
| Immigration Reform
and Control Act of 1986, without regard to | 22 |
| any fiscal year limitations. | 23 |
| Further, with respect to costs incurred in fiscal years | 24 |
| 2002 and 2003 only,
payments may be made by the State Treasurer | 25 |
| from its
appropriations
from the Capital Litigation Trust Fund | 26 |
| without regard to any fiscal year
limitations. |
|
|
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| 1 |
| Lease payments may be made by the Department of Central | 2 |
| Management
Services under the sale and leaseback provisions of
| 3 |
| Section 7.4 of
the State Property Control Act with respect to | 4 |
| the James R. Thompson Center and
the
Elgin Mental Health Center | 5 |
| and surrounding land from appropriations for that
purpose | 6 |
| without regard to any fiscal year
limitations. | 7 |
| Lease payments may be made under the sale and leaseback | 8 |
| provisions of
Section 7.5 of the State Property Control Act | 9 |
| with
respect to the
Illinois State Toll Highway Authority | 10 |
| headquarters building and surrounding
land
without regard to | 11 |
| any fiscal year
limitations. | 12 |
| (c) Further, payments may be made by the Department of | 13 |
| Public Health and the
Department of Human Services (acting as | 14 |
| successor to the Department of Public
Health under the | 15 |
| Department of Human Services Act)
from their respective | 16 |
| appropriations for grants for medical care to or on
behalf of | 17 |
| persons
suffering from chronic renal disease, persons | 18 |
| suffering from hemophilia, rape
victims, and premature and | 19 |
| high-mortality risk infants and their mothers and
for grants | 20 |
| for supplemental food supplies provided under the United States
| 21 |
| Department of Agriculture Women, Infants and Children | 22 |
| Nutrition Program,
for any fiscal year without regard to the | 23 |
| fact that the services being
compensated for by such payment | 24 |
| may have been rendered in a prior fiscal year. | 25 |
| (d) The Department of Public Health and the Department of | 26 |
| Human Services
(acting as successor to the Department of Public |
|
|
|
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| 1 |
| Health under the Department of
Human Services Act) shall each | 2 |
| annually submit to the State Comptroller, Senate
President, | 3 |
| Senate
Minority Leader, Speaker of the House, House Minority | 4 |
| Leader, and the
respective Chairmen and Minority Spokesmen of | 5 |
| the
Appropriations Committees of the Senate and the House, on | 6 |
| or before
December 31, a report of fiscal year funds used to | 7 |
| pay for services
provided in any prior fiscal year. This report | 8 |
| shall document by program or
service category those | 9 |
| expenditures from the most recently completed fiscal
year used | 10 |
| to pay for services provided in prior fiscal years. | 11 |
| (e) The Department of Healthcare and Family Services, the | 12 |
| Department of Human Services
(acting as successor to the | 13 |
| Department of Public Aid), and the Department of Human Services | 14 |
| making fee-for-service payments relating to substance abuse | 15 |
| treatment services provided during a previous fiscal year shall | 16 |
| each annually
submit to the State
Comptroller, Senate | 17 |
| President, Senate Minority Leader, Speaker of the House,
House | 18 |
| Minority Leader, the respective Chairmen and Minority | 19 |
| Spokesmen of the
Appropriations Committees of the Senate and | 20 |
| the House, on or before November
30, a report that shall | 21 |
| document by program or service category those
expenditures from | 22 |
| the most recently completed fiscal year used to pay for (i)
| 23 |
| services provided in prior fiscal years and (ii) services for | 24 |
| which claims were
received in prior fiscal years. | 25 |
| (f) The Department of Human Services (as successor to the | 26 |
| Department of
Public Aid) shall annually submit to the State
|
|
|
|
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| 1 |
| Comptroller, Senate President, Senate Minority Leader, Speaker | 2 |
| of the House,
House Minority Leader, and the respective | 3 |
| Chairmen and Minority Spokesmen of
the Appropriations | 4 |
| Committees of the Senate and the House, on or before
December | 5 |
| 31, a report
of fiscal year funds used to pay for services | 6 |
| (other than medical care)
provided in any prior fiscal year. | 7 |
| This report shall document by program or
service category those | 8 |
| expenditures from the most recently completed fiscal
year used | 9 |
| to pay for services provided in prior fiscal years. | 10 |
| (g) In addition, each annual report required to be | 11 |
| submitted by the
Department of Healthcare and Family Services | 12 |
| under subsection (e) shall include the following
information | 13 |
| with respect to the State's Medicaid program: | 14 |
| (1) Explanations of the exact causes of the variance | 15 |
| between the previous
year's estimated and actual | 16 |
| liabilities. | 17 |
| (2) Factors affecting the Department of Healthcare and | 18 |
| Family Services' liabilities,
including but not limited to | 19 |
| numbers of aid recipients, levels of medical
service | 20 |
| utilization by aid recipients, and inflation in the cost of | 21 |
| medical
services. | 22 |
| (3) The results of the Department's efforts to combat | 23 |
| fraud and abuse. | 24 |
| (h) As provided in Section 4 of the General Assembly | 25 |
| Compensation Act,
any utility bill for service provided to a | 26 |
| General Assembly
member's district office for a period |
|
|
|
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| 1 |
| including portions of 2 consecutive
fiscal years may be paid | 2 |
| from funds appropriated for such expenditure in
either fiscal | 3 |
| year. | 4 |
| (i) An agency which administers a fund classified by the | 5 |
| Comptroller as an
internal service fund may issue rules for: | 6 |
| (1) billing user agencies in advance for payments or | 7 |
| authorized inter-fund transfers
based on estimated charges | 8 |
| for goods or services; | 9 |
| (2) issuing credits, refunding through inter-fund | 10 |
| transfers, or reducing future inter-fund transfers
during
| 11 |
| the subsequent fiscal year for all user agency payments or | 12 |
| authorized inter-fund transfers received during the
prior | 13 |
| fiscal year which were in excess of the final amounts owed | 14 |
| by the user
agency for that period; and | 15 |
| (3) issuing catch-up billings to user agencies
during | 16 |
| the subsequent fiscal year for amounts remaining due when | 17 |
| payments or authorized inter-fund transfers
received from | 18 |
| the user agency during the prior fiscal year were less than | 19 |
| the
total amount owed for that period. | 20 |
| User agencies are authorized to reimburse internal service | 21 |
| funds for catch-up
billings by vouchers drawn against their | 22 |
| respective appropriations for the
fiscal year in which the | 23 |
| catch-up billing was issued or by increasing an authorized | 24 |
| inter-fund transfer during the current fiscal year. For the | 25 |
| purposes of this Act, "inter-fund transfers" means transfers | 26 |
| without the use of the voucher-warrant process, as authorized |
|
|
|
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|
| 1 |
| by Section 9.01 of the State Comptroller Act. | 2 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 3 |
| Section 5-20. The State Pension Funds Continuing | 4 |
| Appropriation Act is amended by changing Section 1.2 as | 5 |
| follows:
| 6 |
| (40 ILCS 15/1.2)
| 7 |
| Sec. 1.2. Appropriations for the State Employees' | 8 |
| Retirement System.
| 9 |
| (a) From each fund from which an amount is appropriated for | 10 |
| personal
services to a department or other employer under | 11 |
| Article 14 of the Illinois
Pension Code, there is hereby | 12 |
| appropriated to that department or other
employer, on a | 13 |
| continuing annual basis for each State fiscal year, an
| 14 |
| additional amount equal to the amount, if any, by which (1) an | 15 |
| amount equal
to the percentage of the personal services line | 16 |
| item for that department or
employer from that fund for that | 17 |
| fiscal year that the Board of Trustees of
the State Employees' | 18 |
| Retirement System of Illinois has certified under Section
| 19 |
| 14-135.08 of the Illinois Pension Code to be necessary to meet | 20 |
| the State's
obligation under Section 14-131 of the Illinois | 21 |
| Pension Code for that fiscal
year, exceeds (2) the amounts | 22 |
| otherwise appropriated to that department or
employer from that | 23 |
| fund for State contributions to the State Employees'
Retirement | 24 |
| System for that fiscal year.
From the effective
date of this |
|
|
|
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| 1 |
| amendatory Act of the 93rd General Assembly
through the final | 2 |
| payment from a department or employer's
personal services line | 3 |
| item for fiscal year 2004, payments to
the State Employees' | 4 |
| Retirement System that otherwise would
have been made under | 5 |
| this subsection (a) shall be governed by
the provisions in | 6 |
| subsection (a-1).
| 7 |
| (a-1) If a Fiscal Year 2004 Shortfall is certified under | 8 |
| subsection (f) of
Section 14-131 of the Illinois Pension Code, | 9 |
| there is hereby appropriated
to the State Employees' Retirement | 10 |
| System of Illinois on a
continuing basis from the General | 11 |
| Revenue Fund an additional
aggregate amount equal to the Fiscal | 12 |
| Year 2004 Shortfall.
| 13 |
| (a-2) If a Fiscal Year 2010 Shortfall is certified under | 14 |
| subsection (g) of Section 14-131 of the Illinois Pension Code, | 15 |
| there is hereby appropriated to the State Employees' Retirement | 16 |
| System of Illinois on a continuing basis from the General | 17 |
| Revenue Fund an additional aggregate amount equal to the Fiscal | 18 |
| Year 2010 Shortfall. | 19 |
| (b) The continuing appropriations provided for by this | 20 |
| Section shall first
be available in State fiscal year 1996.
| 21 |
| (c) Beginning in Fiscal Year 2005, any continuing | 22 |
| appropriation under this Section arising out of an | 23 |
| appropriation for personal services from the Road Fund to the | 24 |
| Department of State Police or the Secretary of State shall be | 25 |
| payable from the General Revenue Fund rather than the Road | 26 |
| Fund.
|
|
|
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| 1 |
| (d) For State fiscal year 2010 only, a continuing | 2 |
| appropriation is provided to the State Employees' Retirement | 3 |
| System equal to the amount certified by the System on or before | 4 |
| December 31, 2008, less the gross proceeds of the bonds sold in | 5 |
| fiscal year 2010 under the authorization contained in | 6 |
| subsection (a) of Section 7.2 of the General Obligation Bond | 7 |
| Act. | 8 |
| (e) For State fiscal year 2011 only, the continuing | 9 |
| appropriation under this Section provided to the State | 10 |
| Employees' Retirement System is limited to an amount equal to | 11 |
| the amount certified by the System on or before December 31, | 12 |
| 2009, less any amounts received pursuant to subsection (a-3) of | 13 |
| Section 14.1 of the State Finance Act. | 14 |
| (Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; revised | 15 |
| 11-3-09.)
| 16 |
| ARTICLE 25. ADDITIONAL AMENDATORY PROVISIONS | 17 |
| Section 25-5. The State Budget Law of the Civil | 18 |
| Administrative Code of Illinois is amended by changing Sections | 19 |
| 50-5 and 50-10 and by adding Sections 50-7 and 50-25 as | 20 |
| follows: | 21 |
| (15 ILCS 20/50-5) | 22 |
| Sec. 50-5. Governor to submit State budget. | 23 |
| (a) The Governor shall, as soon as
possible and not later |
|
|
|
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| 1 |
| than the second
Wednesday in March in 2010 (March 10, 2010) and | 2 |
| the third
Wednesday in February of each year beginning in 2011, | 3 |
| except as otherwise provided in this Section, submit a
State | 4 |
| budget, embracing therein the amounts recommended by the | 5 |
| Governor to be
appropriated to the respective departments, | 6 |
| offices, and institutions, and
for all other public purposes, | 7 |
| the estimated revenues from taxation, the
estimated revenues | 8 |
| from sources other than taxation, and an estimate of the
amount | 9 |
| required to be raised by taxation. The amounts recommended by | 10 |
| the
Governor for appropriation to the respective departments, | 11 |
| offices and
institutions shall be formulated according to the | 12 |
| various functions and
activities for which the respective | 13 |
| department, office or institution of
the State government | 14 |
| (including the elective officers in the executive
department | 15 |
| and including the University of Illinois and the judicial
| 16 |
| department) is responsible. The amounts relating to particular | 17 |
| functions
and activities shall be further formulated in | 18 |
| accordance with the object
classification specified in Section | 19 |
| 13 of the State Finance Act. In addition, the amounts | 20 |
| recommended by the Governor for appropriation shall take into | 21 |
| account each State agency's effectiveness in achieving its | 22 |
| prioritized goals for the previous fiscal year, as set forth in | 23 |
| Section 50-25 of this Law, giving priority to agencies and | 24 |
| programs that have demonstrated a focus on the prevention of | 25 |
| waste and the maximum yield from resources. | 26 |
| Beginning in fiscal year 2011, the Governor shall |
|
|
|
SB3660 Enrolled |
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| 1 |
| distribute written quarterly budget statements to the General | 2 |
| Assembly and the State Comptroller. The statements shall be | 3 |
| submitted on Wednesday of the last week of the last month of | 4 |
| each quarter of the fiscal year and, as is currently the | 5 |
| practice on the effective date of this amendatory Act of the | 6 |
| 96th General Assembly, shall be posted on the Comptroller's | 7 |
| website on the same day. The statements shall be prepared and | 8 |
| presented in an executive summary format that includes, for the | 9 |
| fiscal year to date, individual itemizations for each revenue | 10 |
| source as well as individual itemizations of expenditures and | 11 |
| obligations, by the classified line items set forth in Section | 12 |
| 13 of the State Finance Act and for other purposes, with an | 13 |
| appropriate level of detail. The statement shall include a | 14 |
| calculation of the actual total budget surplus or deficit. The | 15 |
| Governor shall also present periodic budget addresses | 16 |
| throughout the fiscal year at the invitation of the General | 17 |
| Assembly. | 18 |
| The Governor shall not propose expenditures and the General | 19 |
| Assembly shall
not enact appropriations that exceed the | 20 |
| resources estimated to be available,
as provided in this | 21 |
| Section. Appropriations may be adjusted during the fiscal year | 22 |
| by means of one or more supplemental appropriation bills if any | 23 |
| State agency either fails to meet or exceeds the goals set | 24 |
| forth in Section 50-25 of this Law. | 25 |
| For the purposes of Article VIII, Section 2 of the 1970
| 26 |
| Illinois Constitution, the State budget for the following funds |
|
|
|
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LRB096 20362 HLH 35999 b |
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| 1 |
| shall be
prepared on the basis of revenue and expenditure | 2 |
| measurement concepts that are
in concert with generally | 3 |
| accepted accounting principles for governments: | 4 |
| (1) General Revenue Fund. | 5 |
| (2) Common School Fund. | 6 |
| (3) Educational Assistance Fund. | 7 |
| (4) Road Fund. | 8 |
| (5) Motor Fuel Tax Fund. | 9 |
| (6) Agricultural Premium Fund. | 10 |
| These funds shall be known as the "budgeted funds". The | 11 |
| revenue
estimates used in the State budget for the budgeted | 12 |
| funds shall include the
estimated beginning fund balance, plus
| 13 |
| revenues estimated to be received during the budgeted year, | 14 |
| plus the estimated
receipts due the State as of June 30 of the | 15 |
| budgeted year that are expected to
be collected during the | 16 |
| lapse period following the budgeted year, minus the
receipts | 17 |
| collected during the first 2 months of the budgeted year that | 18 |
| became
due to the State in the year before the budgeted year. | 19 |
| Revenues shall also
include estimated federal reimbursements | 20 |
| associated with the recognition of
Section 25 of the State | 21 |
| Finance Act liabilities. For any budgeted fund
for which | 22 |
| current year revenues are anticipated to exceed expenditures, | 23 |
| the
surplus shall be considered to be a resource available for | 24 |
| expenditure in the
budgeted fiscal year. | 25 |
| Expenditure estimates for the budgeted funds included in | 26 |
| the State budget
shall include the costs to be incurred by the |
|
|
|
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| 1 |
| State for the budgeted year,
to be paid in the next fiscal | 2 |
| year, excluding costs paid in the budgeted year
which were | 3 |
| carried over from the prior year, where the payment is | 4 |
| authorized by
Section
25 of the State Finance Act. For any | 5 |
| budgeted fund
for which expenditures are expected to exceed | 6 |
| revenues in the current fiscal
year, the deficit shall be | 7 |
| considered as a use of funds in the budgeted fiscal
year. | 8 |
| Revenues and expenditures shall also include transfers | 9 |
| between funds that are
based on revenues received or costs | 10 |
| incurred during the budget year. | 11 |
| Appropriations for expenditures shall also include all | 12 |
| anticipated statutory continuing appropriation obligations | 13 |
| that are expected to be incurred during the budgeted fiscal | 14 |
| year. | 15 |
| By
March 15 of each year, the
Commission on Government | 16 |
| Forecasting and Accountability shall prepare
revenue and fund | 17 |
| transfer estimates in accordance with the requirements of this
| 18 |
| Section and report those estimates to the General Assembly and | 19 |
| the Governor. | 20 |
| For all funds other than the budgeted funds, the proposed | 21 |
| expenditures shall
not exceed funds estimated to be available | 22 |
| for the fiscal year as shown in the
budget. Appropriation for a | 23 |
| fiscal year shall not exceed funds estimated by
the General | 24 |
| Assembly to be available during that year. | 25 |
| (b) This subsection applies only to the process for the | 26 |
| proposed fiscal year 2011 budget. |
|
|
|
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| 1 |
| By February 24, 2010, the Governor must file a written | 2 |
| report with the Secretary of the Senate and the Clerk of the | 3 |
| House of Representatives containing the following: | 4 |
| (1) for fiscal year 2010, the revenues for all budgeted | 5 |
| funds, both actual to date and estimated for the full | 6 |
| fiscal year; | 7 |
| (2) for fiscal year 2010, the expenditures for all | 8 |
| budgeted funds, both actual to date and estimated for the | 9 |
| full fiscal year; | 10 |
| (3) for fiscal year 2011, the estimated revenues for | 11 |
| all budgeted funds, including without limitation the | 12 |
| affordable General Revenue Fund appropriations, for the | 13 |
| full fiscal year; and | 14 |
| (4) for fiscal year 2011, an estimate of the | 15 |
| anticipated liabilities for all budgeted funds, including | 16 |
| without limitation the affordable General Revenue Fund | 17 |
| appropriations, debt service on bonds issued, and the | 18 |
| State's contributions to the pension systems, for the full | 19 |
| fiscal year. | 20 |
| Between February 24, 2010 and March 10, 2010, the members | 21 |
| of the General Assembly and members of the public may make | 22 |
| written budget recommendations to the Governor, and the | 23 |
| Governor shall promptly make those recommendations available | 24 |
| to the public through the Governor's Internet website. | 25 |
| (Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881, | 26 |
| eff. 2-11-10.) |
|
|
|
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|
| 1 |
| (15 ILCS 20/50-7 new) | 2 |
| Sec. 50-7. Online budget survey. Beginning in February of | 3 |
| 2011, and during February of each year thereafter, the | 4 |
| Governor's Office of Management and Budget shall post on its | 5 |
| website a survey that will allow residents of the State to | 6 |
| prioritize proposed spending measures for the next fiscal year. | 7 |
| The Office shall post the results of each survey on its | 8 |
| website. | 9 |
| (15 ILCS 20/50-10) (was 15 ILCS 20/38.1) | 10 |
| Sec. 50-10. Budget contents. The budget shall be submitted | 11 |
| by
the
Governor with line item and program
data. The budget | 12 |
| shall also contain performance data presenting
an estimate for | 13 |
| the current fiscal year, projections for the
budget year, and | 14 |
| information for the 3 prior fiscal years
comparing department | 15 |
| objectives with actual accomplishments,
formulated according | 16 |
| to the various functions and activities,
and, wherever the | 17 |
| nature of the work admits, according to the
work units, for | 18 |
| which the respective departments, offices, and
institutions of | 19 |
| the State government (including the elective
officers in the | 20 |
| executive department and including the University
of Illinois | 21 |
| and the judicial department) are responsible. | 22 |
| For the fiscal
year beginning July 1, 1992 and for each | 23 |
| fiscal year thereafter, the budget
shall include the | 24 |
| performance measures of each department's accountability
|
|
|
|
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| 1 |
| report. | 2 |
| For the fiscal year beginning July 1, 1997 and for each
| 3 |
| fiscal year thereafter, the budget shall include one or more | 4 |
| line items
appropriating moneys to the Department of Human | 5 |
| Services to
fund participation in the Home-Based Support | 6 |
| Services Program for Mentally
Disabled Adults under the | 7 |
| Developmental Disability and Mental Disability
Services Act by | 8 |
| persons described in Section 2-17 of that Act. | 9 |
| The budget
shall contain a capital development
section in | 10 |
| which the Governor will present (1) information on the capital
| 11 |
| projects and capital programs for which appropriations are | 12 |
| requested,
(2) the capital spending plans, which shall document | 13 |
| the first
and subsequent years cash requirements by fund for | 14 |
| the proposed
bonded program, and (3) a statement that shall | 15 |
| identify by
year
the principal and interest costs until | 16 |
| retirement of the State's
general obligation debt. In addition, | 17 |
| the principal and interest
costs of the budget year program | 18 |
| shall be presented separately,
to indicate the marginal cost of | 19 |
| principal and interest payments
necessary to retire the | 20 |
| additional bonds needed to finance the
budget year's capital | 21 |
| program. In 2004 only, the capital development section of the | 22 |
| State budget shall be submitted by the Governor not later than | 23 |
| the fourth Tuesday of March (March 23, 2004).
| 24 |
| For the budget year, the current
year, and 3 prior fiscal | 25 |
| years, the Governor shall also include
in the budget estimates | 26 |
| of or actual values for the assets and
liabilities for General |
|
|
|
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|
| 1 |
| Assembly Retirement System, State Employees'
Retirement System | 2 |
| of Illinois, State Universities Retirement System,
Teachers' | 3 |
| Retirement System of the State of Illinois, and Judges
| 4 |
| Retirement System of Illinois. | 5 |
| The budget submitted by the Governor
shall contain, in | 6 |
| addition, in a separate book, a tabulation of all
position and | 7 |
| employment titles in each such department, office, and
| 8 |
| institution, the number of each, and the salaries for each,
| 9 |
| formulated according to divisions, bureaus, sections, offices,
| 10 |
| departments, boards, and similar subdivisions, which shall
| 11 |
| correspond as nearly as practicable to the functions and | 12 |
| activities
for which the department, office, or institution is | 13 |
| responsible. | 14 |
| Together with the budget, the Governor shall transmit the
| 15 |
| estimates of
receipts and expenditures, as received by the | 16 |
| Director
of the
Governor's Office of Management and Budget, of | 17 |
| the elective officers
in the executive and judicial departments | 18 |
| and
of the University of Illinois. | 19 |
| An applicable appropriations committee of each chamber of | 20 |
| the General Assembly, for fiscal year 2012 and thereafter, must | 21 |
| review individual line item appropriations and the total budget | 22 |
| for each State agency, as defined in the Illinois State | 23 |
| Auditing Act. | 24 |
| (Source: P.A. 93-662, eff. 2-11-04.) | 25 |
| (15 ILCS 20/50-25 new) |
|
|
|
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| 1 |
| Sec. 50-25. Statewide prioritized goals. For fiscal year | 2 |
| 2012 and each fiscal year thereafter, prior to the submission | 3 |
| of the State budget, the Governor, in consultation with the | 4 |
| appropriation committees of the General Assembly, shall: (i) | 5 |
| prioritize outcomes that are most important for each State | 6 |
| agency of the executive branch under the jurisdiction of the | 7 |
| Governor to achieve for the next fiscal year and (ii) set goals | 8 |
| to accomplish those outcomes according to the priority of the | 9 |
| outcome. In addition, each other constitutional officer of the | 10 |
| executive branch, in consultation with the appropriation | 11 |
| committees of the General Assembly, shall: (i) prioritize | 12 |
| outcomes that are most important for his or her office to | 13 |
| achieve for the next fiscal year and (ii) set goals to | 14 |
| accomplish those outcomes according to the priority of the | 15 |
| outcome. The Governor and each constitutional officer shall | 16 |
| separately conduct performance analyses to determine which | 17 |
| programs, strategies, and activities will best achieve those | 18 |
| desired outcomes. The Governor shall recommend that | 19 |
| appropriations be made to State agencies and officers for the | 20 |
| next fiscal year based on the agreed upon goals and priorities. | 21 |
| Each agency and officer may develop its own strategies for | 22 |
| meeting those goals and shall review and analyze those | 23 |
| strategies on a regular basis. The Governor shall also | 24 |
| implement procedures to measure annual progress toward the | 25 |
| State's highest priority outcomes and shall develop a statewide | 26 |
| reporting system that compares the actual results with budgeted |
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| results. Those performance measures and results shall be posted | 2 |
| on the State Comptroller's website, and compiled for | 3 |
| distribution in the Comptroller's Public Accountability | 4 |
| Report, as is currently the practice on the effective date of | 5 |
| this amendatory Act of the 96th General Assembly. | 6 |
| Section 25-10. The Governor's Office of Management and | 7 |
| Budget Act is amended by changing Section 2.1 as follows: | 8 |
| (20 ILCS 3005/2.1) (from Ch. 127, par. 412.1) | 9 |
| Sec. 2.1. | 10 |
| To assist the Governor in submitting a recommended budget, | 11 |
| including
estimated receipts and revenue, to the General | 12 |
| Assembly , and to consult with the Commission on Government | 13 |
| Forecasting and Accountability, at the Commission's request, | 14 |
| in compiling a report on the estimated income of the
State, as | 15 |
| required under Section 4 of the Commission on Government | 16 |
| Forecasting and Accountability Act . | 17 |
| (Source: P.A. 76-2411.) | 18 |
| Section 25-15. The Commission on Government Forecasting | 19 |
| and Accountability Act is amended by changing Sections 3 and 4 | 20 |
| as follows: | 21 |
| (25 ILCS 155/3) (from Ch. 63, par. 343) | 22 |
| Sec. 3. The Commission shall:
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| (1) Study from time to time and report to the General | 2 |
| Assembly on
economic development and trends in the State.
| 3 |
| (2) Make such special economic and fiscal studies as it | 4 |
| deems
appropriate or desirable or as the General Assembly may | 5 |
| request.
| 6 |
| (3) Based on its studies, recommend such State fiscal and | 7 |
| economic
policies as it deems appropriate or desirable to | 8 |
| improve the functioning
of State government and the economy of | 9 |
| the various regions within the
State.
| 10 |
| (4) Prepare annually a State economic report.
| 11 |
| (5) Provide information for all appropriate legislative
| 12 |
| organizations and personnel on economic trends in relation to | 13 |
| long range
planning and budgeting.
| 14 |
| (6) Study and make such recommendations as it deems | 15 |
| appropriate to
the General Assembly on local and regional | 16 |
| economic and fiscal policy
and on federal fiscal policy as it | 17 |
| may affect Illinois.
| 18 |
| (7) Review capital expenditures, appropriations and | 19 |
| authorizations
for both the State's general obligation and | 20 |
| revenue bonding authorities.
At the direction of the | 21 |
| Commission, specific reviews may include
economic feasibility | 22 |
| reviews of existing or proposed revenue bond
projects to | 23 |
| determine the accuracy of the original estimate of useful
life | 24 |
| of the projects, maintenance requirements and ability to meet | 25 |
| debt
service requirements through their operating expenses.
| 26 |
| (8) Receive and review all executive agency and revenue |
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| bonding
authority annual and 3 year plans. The Commission shall | 2 |
| prepare a
consolidated review of these plans, an updated | 3 |
| assessment of current
State agency capital plans, a report on | 4 |
| the outstanding and unissued
bond authorizations, an | 5 |
| evaluation of the State's ability to market
further bond issues | 6 |
| and shall submit them as the "Legislative Capital
Plan | 7 |
| Analysis" to the House and Senate Appropriations Committees at
| 8 |
| least once a year. The Commission shall annually submit to the | 9 |
| General
Assembly on the first Wednesday of April a report on | 10 |
| the State's long-term
capital needs, with particular emphasis | 11 |
| upon and detail of the 5-year
period in the immediate future.
| 12 |
| (9) Study and make recommendations it deems appropriate to | 13 |
| the
General Assembly on State bond financing, bondability | 14 |
| guidelines, and
debt management. At the direction of the | 15 |
| Commission, specific studies
and reviews may take into | 16 |
| consideration short and long-run implications
of State bonding | 17 |
| and debt management policy.
| 18 |
| (10) Comply with the provisions of the "State Debt
Impact | 19 |
| Note Act" as now or hereafter amended.
| 20 |
| (11) Comply with the provisions of the Pension Impact Note | 21 |
| Act, as now
or hereafter amended.
| 22 |
| (12) By August 1st of each year, the Commission must | 23 |
| prepare and cause to
be published a summary report of State | 24 |
| appropriations for the State fiscal year
beginning the previous | 25 |
| July 1st. The summary report must discuss major
categories of | 26 |
| appropriations, the issues the General Assembly faced in
|
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| allocating appropriations, comparisons with appropriations for | 2 |
| previous
State fiscal years, and other matters helpful in | 3 |
| providing the citizens of
Illinois with an overall | 4 |
| understanding of appropriations for that fiscal year.
The | 5 |
| summary report must be written in plain language and designed | 6 |
| for
readability. Publication must be in newspapers of general | 7 |
| circulation in the
various areas of the State to ensure | 8 |
| distribution statewide. The summary
report must also be | 9 |
| published on the General Assembly's web site.
| 10 |
| (13) Comply with the provisions of the State Facilities | 11 |
| Closure Act.
| 12 |
| (14) For fiscal year 2012 and thereafter, develop a 3-year | 13 |
| budget forecast for the State, including opportunities and | 14 |
| threats concerning anticipated revenues and expenditures, with | 15 |
| an appropriate level of detail. | 16 |
| The requirement for reporting to the General Assembly shall | 17 |
| be satisfied
by filing copies of the report with the Speaker, | 18 |
| the Minority Leader and
the Clerk of the House of | 19 |
| Representatives and the President, the Minority
Leader and the | 20 |
| Secretary of the Senate and the Legislative
Research
Unit, as | 21 |
| required by Section 3.1 of the General Assembly
Organization | 22 |
| Act, and
filing such additional copies with the State | 23 |
| Government Report Distribution
Center for the General Assembly | 24 |
| as is required under paragraph (t) of
Section 7 of the State | 25 |
| Library Act.
| 26 |
| (Source: P.A. 92-67, eff. 7-12-01; 93-632, eff. 2-1-04; 93-839, |
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| eff. 7-30-04.)
| 2 |
| (25 ILCS 155/4) (from Ch. 63, par. 344) | 3 |
| Sec. 4. (a) The Commission shall publish, at the convening | 4 |
| of each regular
session of the General Assembly, a report on | 5 |
| the estimated income of the
State from all applicable revenue | 6 |
| sources for the next ensuing fiscal
year and of any other funds | 7 |
| estimated to be available for such fiscal
year. The Commission, | 8 |
| in its discretion, may consult with the Governor's Office of | 9 |
| Management and Budget in preparing the report. On the third | 10 |
| Wednesday in March after the session convenes, the
Commission | 11 |
| shall issue a revised and updated set of revenue figures
| 12 |
| reflecting the latest available information. The House and | 13 |
| Senate by
joint resolution shall adopt or modify such estimates | 14 |
| as may be
appropriate. The joint resolution shall constitute | 15 |
| the General
Assembly's estimate, under paragraph (b) of Section | 16 |
| 2 of Article VIII of
the Constitution, of the funds estimated | 17 |
| to be available during the next
fiscal year.
| 18 |
| (b) On the third Wednesday in March, the Commission shall | 19 |
| issue estimated:
| 20 |
| (1) pension funding requirements under P.A. 86-273; | 21 |
| and
| 22 |
| (2) liabilities of the State employee group health | 23 |
| insurance program.
| 24 |
| These estimated costs shall be for the fiscal year | 25 |
| beginning the following
July 1.
|
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| (c) The requirement for reporting to the General Assembly | 2 |
| shall be satisfied
by filing copies of the report with the | 3 |
| Speaker, the Minority Leader and
the Clerk of the House of | 4 |
| Representatives and the President, the Minority
Leader and the | 5 |
| Secretary of the Senate and the Legislative
Research
unit, as | 6 |
| required by Section 3.1 of the General Assembly
Organization | 7 |
| Act, and filing
such
additional copies with the State | 8 |
| Government Report Distribution Center for the
General Assembly | 9 |
| as is required under paragraph (t) of Section 7 of the State
| 10 |
| Library Act.
| 11 |
| (Source: P.A. 93-632, eff. 2-1-04.) | 12 |
| ARTICLE 30. GENERAL ASSEMBLY PER DIEM | 13 |
| Section 5. The General Assembly Compensation Act is amended | 14 |
| by changing Section 1 as follows: | 15 |
| (25 ILCS 115/1) (from Ch. 63, par. 14) | 16 |
| Sec. 1. Each member of the General Assembly shall receive | 17 |
| an annual salary
of $28,000 or as set by the Compensation | 18 |
| Review Board, whichever is
greater. The
following named | 19 |
| officers, committee chairmen and committee minority spokesmen
| 20 |
| shall receive additional amounts per year for
their services as | 21 |
| such officers, committee chairmen and committee
minority | 22 |
| spokesmen respectively, as set by the Compensation
Review Board | 23 |
| or, as follows, whichever is greater: Beginning the second
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| Wednesday in January 1989, the Speaker and the minority leader | 2 |
| of the
House of Representatives and the
President and the | 3 |
| minority leader of the Senate, $16,000 each; the
majority | 4 |
| leader in the House of Representatives $13,500;
6 assistant
| 5 |
| majority leaders and 5 assistant minority leaders in the | 6 |
| Senate,
$12,000
each; 6 assistant majority leaders and 6 | 7 |
| assistant minority leaders in
the House of Representatives, | 8 |
| $10,500 each; 2 Deputy
Majority leaders in the House of | 9 |
| Representatives $11,500 each; and 2 Deputy
Minority leaders in | 10 |
| the House of Representatives, $11,500 each; the majority
caucus | 11 |
| chairman and minority caucus chairman in the Senate, $12,000 | 12 |
| each;
and beginning the second Wednesday in January, 1989, the | 13 |
| majority
conference chairman and the minority conference | 14 |
| chairman
in the House of Representatives, $10,500 each; | 15 |
| beginning
the second Wednesday in January, 1989, the chairman | 16 |
| and minority spokesman
of each standing committee of the | 17 |
| Senate, except the Rules Committee, the
Committee on | 18 |
| Committees, and the Committee on Assignment of Bills, $6,000
| 19 |
| each; and beginning the second Wednesday in January, 1989, the | 20 |
| chairman and
minority spokesman of each standing and select | 21 |
| committee of the House of
Representatives, $6,000 each. A | 22 |
| member who serves in more than one
position as an officer, | 23 |
| committee chairman, or committee minority spokesman
shall | 24 |
| receive only one additional amount based on the position paying | 25 |
| the
highest additional amount. The
compensation provided for in | 26 |
| this Section to be paid per year to members
of the General |
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| Assembly, including the additional sums payable per year
to | 2 |
| officers of the General Assembly shall be paid in 12 equal | 3 |
| monthly
installments. The first such installment is payable on | 4 |
| January 31,
1977. All subsequent equal monthly installments are | 5 |
| payable on the last
working day of the month. A member who has | 6 |
| held office any part of a
month is entitled to compensation for | 7 |
| an entire month. | 8 |
| Mileage shall be paid at the rate of 20 cents per mile | 9 |
| before January
9, 1985, and at the mileage allowance rate in | 10 |
| effect under regulations
promulgated pursuant to 5 U.S.C. | 11 |
| 5707(b)(2) beginning January 9, 1985, for the number
of actual | 12 |
| highway miles necessarily and conveniently traveled by the
most | 13 |
| feasible route to be present upon convening of the sessions of | 14 |
| the
General Assembly by such member in each and every trip | 15 |
| during each
session in going to and returning from the seat of | 16 |
| government, to be
computed by the Comptroller. A member | 17 |
| traveling by public
transportation for such purposes, however, | 18 |
| shall be paid his actual cost
of that transportation instead of | 19 |
| on the mileage rate if his cost of
public transportation | 20 |
| exceeds the amount to which he would be entitled
on a mileage | 21 |
| basis. No member may be paid, whether on a mileage basis
or for | 22 |
| actual costs of public transportation, for more than one such
| 23 |
| trip for each week the General Assembly is actually in session. | 24 |
| Each
member shall also receive an allowance of $36 per day for | 25 |
| lodging and
meals while in attendance at sessions
of the | 26 |
| General Assembly before January 9, 1985; beginning January 9,
|
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| 1985, such food and lodging allowance shall be equal to the | 2 |
| amount per day
permitted to be deducted for such expenses under | 3 |
| the Internal Revenue Code;
however, beginning May 31, 1995, no | 4 |
| allowance for food and lodging while in
attendance at sessions | 5 |
| is authorized for periods of time after the last day in
May of | 6 |
| each calendar year, except (i) if the General Assembly is | 7 |
| convened in
special session by either the Governor or the | 8 |
| presiding officers of both
houses, as provided by subsection | 9 |
| (b) of Section 5 of Article IV of the
Illinois Constitution or | 10 |
| (ii) if the
General Assembly is convened to consider bills | 11 |
| vetoed, item vetoed, reduced, or
returned with specific | 12 |
| recommendations for change by the Governor as provided
in | 13 |
| Section 9 of Article IV of the Illinois Constitution. | 14 |
| Notwithstanding any other provision, for fiscal year 2011 only | 15 |
| (i) the allowance for lodging and meals is $111 per day and | 16 |
| (ii) mileage for automobile travel shall be reimbursed at a | 17 |
| rate of $0.39 per mile. | 18 |
| If a member dies having received only a portion of the | 19 |
| amount payable
as compensation, the unpaid balance shall be | 20 |
| paid to the surviving
spouse of such member, or, if there be | 21 |
| none, to the estate of such member. | 22 |
| (Source: P.A. 89-405, eff. 11-8-95.) | 23 |
| ARTICLE 35. FY11 COLAS | 24 |
| Section 35-5. The Compensation Review Act is amended by |
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| changing Section 5.6 and by adding Section 5.7 as follows: | 2 |
| (25 ILCS 120/5.6) | 3 |
| Sec. 5.6. FY10 COLA's prohibited. Notwithstanding any | 4 |
| former or current provision of this Act, any other law, any | 5 |
| report of the Compensation Review Board, or any resolution of | 6 |
| the General Assembly to the contrary, members of the General | 7 |
| Assembly, State's attorneys, other than the county supplement, | 8 |
| the elected constitutional officers of State government, and | 9 |
| certain appointed officers of State government, including | 10 |
| members of State departments, agencies, boards, and | 11 |
| commissions whose annual compensation was recommended or | 12 |
| determined by the Compensation Review Board, are prohibited | 13 |
| from receiving and shall not receive any increase in | 14 |
| compensation that would otherwise apply based on a cost of | 15 |
| living adjustment, as authorized by Senate Joint Resolution 192 | 16 |
| of the 86th General Assembly, for or during the fiscal year | 17 |
| beginning July 1, 2009. That cost of living adjustment shall | 18 |
| apply again in the fiscal year beginning July 1, 2010 and | 19 |
| thereafter.
| 20 |
| (Source: P.A. 96-800, eff. 10-30-09.) | 21 |
| (25 ILCS 120/5.7 new) | 22 |
| Sec. 5.7. FY11 COLA's prohibited. Notwithstanding any | 23 |
| former or current provision of this Act, any other law, any | 24 |
| report of the Compensation Review Board, or any resolution of |
|
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| the General Assembly to the contrary, members of the General | 2 |
| Assembly, State's attorneys, other than the county supplement, | 3 |
| elected executive branch constitutional officers of State | 4 |
| government, and persons in certain appointed offices of State | 5 |
| government, including the membership of State departments, | 6 |
| agencies, boards, and commissions, whose annual compensation | 7 |
| previously was recommended or determined by the Compensation | 8 |
| Review Board, are prohibited from receiving and shall not | 9 |
| receive any increase in compensation that would otherwise apply | 10 |
| based on a cost of living adjustment, as authorized by Senate | 11 |
| Joint Resolution 192 of the 86th General Assembly, for or | 12 |
| during the fiscal year beginning July 1, 2010. That cost of | 13 |
| living adjustment shall apply again in the fiscal year | 14 |
| beginning July 1, 2011 and thereafter. | 15 |
| ARTICLE 97. SEVERABILITY | 16 |
| Section 97-1. Severability. The provisions of this Act are | 17 |
| severable under Section 1.31 of the Statute on Statutes. | 18 |
| ARTICLE 99. EFFECTIVE DATE | 19 |
| Section 99-1. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|