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Public Act 91-0704
HB4374 Enrolled LRB9111008EGfg
AN ACT in relation to State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1. SHORT TITLE
Section 1-1. Short title. This Act may be cited as the
FY2001 Budget Implementation Act relating to the fiscal
operation of State government.
ARTICLE 5. ELIMINATE THE DIGITAL DIVIDE LAW
Section 5-1. Short title. This Article may be cited as
the Eliminate the Digital Divide Law.
Section 5-3. Statement of legislative findings and
purposes. The General Assembly finds that the growth of high
technology industry, including computers, the Internet, and
advanced telecommunications, has created a division in
society. Those who are able to master the tools of the new
digital technology and have access to the technology have
benefited in the form of improved employment possibilities
and a higher standard of life. Those who are unfamiliar with
the new technologies, or do not have access to them, are
increasingly constrained to marginal employment and a
standard of living near the poverty level. This "digital
divide" parallels existing economic, racial, and gender
divisions in society, with the more privileged members of
society having much greater opportunity to benefit from the
new technologies than those who are less favorably situated.
It is the purpose of this Law to establish educational and
economic development initiatives that will bridge the digital
divide, making possible a society in which all individuals
can benefit from the opportunities provided by the new
technologies.
Section 5-5. Definitions; descriptions. As used in this
Article:
"Community-based organization" means a private
not-for-profit organization that is located in an Illinois
community and that provides services to citizens within that
community and the surrounding area.
"Community technology centers" provide computer access
and educational services using information technology.
Community technology centers are diverse in the populations
they serve and programs they offer, but similar in that they
provide technology access to individuals, communities, and
populations that typically would not otherwise have places to
use computer and telecommunications technologies.
"Department" means the Department of Commerce and
Community Affairs.
"National school lunch program" means a program
administered by the U.S. Department of Agriculture and state
agencies that provides free or reduced price lunches to
economically disadvantaged children. A child whose family
income is between 130% and 185% of applicable family size
income levels contained in the nonfarm poverty guidelines
prescribed by the Office of Management and Budget is eligible
for a reduced price lunch. A child whose family income is
130% or less of applicable family size income levels
contained in the nonfarm income poverty guidelines prescribed
by the Office of Management and Budget is eligible for a free
lunch.
"Telecommunications services" provided by
telecommunications carriers include all commercially
available telecommunications services in addition to all
reasonable charges that are incurred by taking such services,
such as state and federal taxes.
"Other special services" provided by telecommunications
carriers include Internet access and installation and
maintenance of internal connections in addition to all
reasonable charges that are incurred by taking such services,
such as state and federal taxes.
Section 5-30. Community Technology Center Grant Program.
(a) Subject to appropriation, the Department shall
administer the Community Technology Center Grant Program
under which the Department shall make grants in accordance
with this Article for planning, establishment,
administration, and expansion of Community Technology
Centers. The purposes of the grants shall include, but not be
limited to, volunteer recruitment and management,
infrastructure, and related goods and services for Community
Technology Centers. The total amount of grants under this
Section in fiscal year 2001 shall not exceed $2,000,000. No
Community Technology Center may receive a grant of more than
$50,000 under this Section in a particular fiscal year.
(b) State educational agencies, local educational
agencies, institutions of higher education, and other public
and private nonprofit or for-profit agencies and
organizations are eligible to receive grants under this
Program. A group of eligible entities is also eligible to
receive a grant if the group follows the procedures for group
applications in 34 CFR 75.127-129 of the Education Department
General Administrative Regulations.
To be eligible to apply for a grant, a Community
Technology Center must serve a community in which not less
than 50% of the students are eligible for a free or reduced
price lunch under the national school lunch program or in
which not less than 40% of the students are eligible for a
free lunch under the national school lunch program; however,
if funding is insufficient to approve all grant applications
for a particular fiscal year, the Department may impose a
higher minimum percentage threshold for that fiscal year.
Determinations of communities and determinations of the
percentage of students in a community who are eligible for a
free or reduced price lunch under the national school lunch
program shall be in accordance with rules adopted by the
Department.
Any entities that have received a Community Technology
Center grant under the federal Community Technology Centers
Program are also eligible to apply for grants under this
Program.
The Department shall provide assistance to Community
Technology Centers in making those determinations for
purposes of applying for grants.
(c) Grant applications shall be submitted to the
Department not later than March 15 for the next fiscal year.
(d) The Department shall adopt rules setting forth the
required form and contents of grant applications.
Section 5-35. Resale; Community Technology Centers.
(a) Products and services purchased by Community
Technology Centers with grant funds may not be sold, resold,
or transferred in consideration of money or any other thing
of value except with the prior approval of the Department.
(b) This prohibition on resale shall not bar Community
Technology Centers from charging fees for education or
workforce preparation courses. There is no prohibition on the
resale of products or services that are not purchased with
grant funds.
Section 5-40. Auditing; records; Community Technology
Centers.
(a) Community Technology Centers shall be required to
maintain for expenditures made under this Article any
procurement records required by the Department. Community
Technology Centers shall produce those records at the request
of the Department, any auditor appointed by the State, or any
State officer or agency entitled to inspect the records.
(b) Community Technology Centers shall be subject to
random compliance audits to evaluate what products and
services they are purchasing and how the products and
services are being used.
Section 5-45. Statewide Community Technology Center
Network. Subject to appropriation, the Department shall
expend not more than $100,000 in fiscal year 2001 to
establish and administer a Statewide Community Technology
Center Network to assist in local and regional planning under
this Article.
Section 5-105. Rules. The Department may adopt any rules
that are necessary and appropriate to carry out this Article.
ARTICLE 10. AMENDATORY PROVISIONS
Section 10-5. The Department of Commerce and Community
Affairs Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-800 and 605-805 and
renumbering and changing Section 46.75 (as added by Public
Act 91-34) as follows:
(20 ILCS 605/605-420) (was 20 ILCS 605/46.75)
Sec. 605-420. 46.75. Federal Workforce Development Fund.
(a) The Department may accept gifts, grants, awards,
matching contributions, interest income, appropriations, and
cost sharings from individuals, businesses, governments, and
other third-party sources, on terms that the Director deems
advisable, for any or all of the following purposes:
(1) to assist recipients, including recipients
under the Temporary Assistance to Needy Families (TANF)
program, to obtain and retain employment and become
economically self-sufficient;
(2) to assist economically disadvantaged and other
youth to make a successful transition from school to
work; and
(3) to assist other individuals targeted for
services through education, training, and workforce
development programs to obtain employment-related skills
and obtain employment.
(b) The Federal Workforce Development Fund is created as
a special fund in the State Treasury. On September 1, 2000,
or as soon thereafter as may be reasonably practicable, the
State Comptroller shall transfer from the Federal Workforce
Development Fund into the Title III Social Security and
Employment Fund all moneys that were received for the
purposes of Section 403(a)(5) of the federal Social Security
Act and remain unobligated on that date. Beginning on the
effective date of this amendatory Act of the 91st General
Assembly, and all moneys received under this Section for the
purposes of Section 403(a)(5) of the federal Social Security
Act, except moneys that may be necessary to pay liabilities
outstanding as of June 30, 2000, shall be deposited into the
Title III Social Security and Employment that Fund, and all
other moneys received under this Section shall be deposited
into the Federal Workforce Development Fund.
Moneys received under this Section in the Federal
Workforce Development Fund may be expended for purposes
consistent with the conditions under which those moneys are
received, subject to appropriations made by the General
Assembly for those purposes.
(Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.)
(20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)
Sec. 605-800. Training grants for skills in critical
demand.
(a) Grants to provide training in fields affected by
critical demands for certain skills may be made as provided
in this Section.
(b) The Director may make grants to eligible employers
or to other eligible entities on behalf of employers as
authorized in subsection (c) to provide training for
employees in fields for which there are critical demands for
certain skills.
(c) The Director may accept applications for training
grant funds and grant requests from: (i) entities sponsoring
multi-company eligible employee training projects as defined
in subsection (d), including business associations, strategic
business partnerships, institutions of secondary or higher
education, large manufacturers for supplier network
companies, federal Job Training Partnership Act
administrative entities or grant recipients, and labor
organizations when those projects will address common
training needs identified by participating companies; and
(ii) individual employers that are undertaking eligible
employee training projects as defined in subsection (d),
including intermediaries and training agents.
(d) The Director may make grants to eligible applicants
as defined in subsection (c) for employee training projects
that include, but need not be limited to, one or more of the
following:
(1) Training programs in response to new or
changing technology being introduced in the workplace.
(2) Job-linked training that offers special skills
for career advancement or that is preparatory for, and
leads directly to, jobs with definite career potential
and long-term job security.
(3) Training necessary to implement total quality
management or improvement or both management and
improvement systems within the workplace.
(4) Training related to new machinery or equipment.
(5) Training of employees of companies that are
expanding into new markets or expanding exports from
Illinois.
(6) Basic, remedial, or both basic and remedial
training of employees as a prerequisite for other
vocational or technical skills training or as a condition
for sustained employment.
(7) Self-employment training of the unemployed and
underemployed with comprehensive, competency-based
instructional programs and services, entrepreneurial
education and training initiatives for youth and adult
learners in cooperation with the Illinois Institute for
Entrepreneurial Education, training and education,
conferences, workshops, and best practice information for
local program operators of entrepreneurial education and
self-employment training programs.
(8) Other training activities or projects, or both
training activities and projects, related to the support,
development, or evaluation of job training programs,
activities, and delivery systems, including training
needs assessment and design.
(e) Grants shall be made on the terms and conditions
that the Department shall determine. No grant made under
subsection (d), however, shall exceed 50% of the direct costs
of all approved training programs provided by the employer or
the employer's training agent or other entity as defined in
subsection (c). Under this Section, allowable costs include,
but are not limited to:
(1) Administrative costs of tracking, documenting,
reporting, and processing training funds or project
costs.
(2) Curriculum development.
(3) Wages and fringe benefits of employees.
(4) Training materials, including scrap product
costs.
(5) Trainee travel expenses.
(6) Instructor costs, including wages, fringe
benefits, tuition, and travel expenses.
(7) Rent, purchase, or lease of training equipment.
(8) Other usual and customary training costs.
(f) The Director will ensure that a minimum of one
on-site grant monitoring visit is conducted by the Department
either during the course of the grant period or within 6
months following the end of the grant period. The Department
shall verify that the grantee's financial management system
is structured to provide for accurate, current, and complete
disclosure of the financial results of the grant program in
accordance with all provisions, terms, and conditions
contained in the grant contract.
(g) The Director may establish and collect a schedule of
charges from subgrantee entities and other system users under
federal job-training programs for participating in and
utilizing the Department's automated job-training program
information systems if the systems and the necessary
participation and utilization are requirements of the federal
job-training programs. All monies collected pursuant to this
subsection shall be deposited into the Title III Social
Security and Employment Fund, except that any moneys that may
be necessary to pay liabilities outstanding as of June 30,
2000 shall be deposited into the Federal Job-Training
Information Systems Revolving Fund created in Section 35-805.
(Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00;
91-476, eff. 8-11-99; revised 10-20-99.)
(20 ILCS 605/605-805) (was 20 ILCS 605/46.19a in part)
Sec. 605-805. Federal Job-Training Information Systems
Revolving Fund. There is hereby created a special fund in
the State treasury to be known as the Federal Job-Training
Information Systems Revolving Fund. On September 1, 2000, or
as soon thereafter as may be reasonably practicable, the
State Comptroller shall transfer all unobligated funds from
the Federal Job-Training Information Systems Revolving Fund
into the Title III Social Security and Employment Fund.
Moneys collected The deposit of monies into this fund shall
be limited to the collection of charges pursuant to
subsection (g) of Section 605-800. The monies in the fund
may be used, subject to appropriation by the General
Assembly, only for the purpose of financing the maintenance
and operation of the automated Federal Job-Training
Information Systems described in that pursuant to subsection
(g) of Section 605-800.
(Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)
Section 10-10. The Illinois Building Commission Act is
amended by changing Section 45 as follows:
(20 ILCS 3918/45)
Sec. 45. Assistance of the Capital Development Board
Department of Public Health. The Capital Development Board
Department of Public Health shall assist the Commission in
carrying out its functions and responsibilities by providing
administrative and staff support. The Commission shall
advise the Board Department of its budgetary and staff needs.
(Source: P.A. 90-269, eff. 1-1-98.)
Section 10-15. The State Finance Act is amended by
changing Sections 6z-43, 8g, and 13.3 as follows:
(30 ILCS 105/6z-43)
Sec. 6z-43. Tobacco Settlement Recovery Fund.
(a) There is created in the State Treasury a special
fund to be known as the Tobacco Settlement Recovery Fund,
into which shall be deposited all monies paid to the State
pursuant to (1) the Master Settlement Agreement entered in
the case of People of the State of Illinois v. Philip Morris,
et al. (Circuit Court of Cook County, No. 96-L13146) and (2)
any settlement with or judgment against any tobacco product
manufacturer other than one participating in the Master
Settlement Agreement in satisfaction of any released claim as
defined in the Master Settlement Agreement, as well as any
other monies as provided by law. All earnings on Fund
investments shall be deposited into the Fund. Upon the
creation of the Fund, the State Comptroller shall order the
State Treasurer to transfer into the Fund any monies paid to
the State as described in item (1) or (2) of this Section
before the creation of the Fund plus any interest earned on
the investment of those monies.
(b) As soon as may be practical after June 30, 2001, the
State Comptroller shall direct and the State Treasurer shall
transfer the unencumbered balance in the Tobacco Settlement
Recovery Fund as of June 30, 2001 into the Budget
Stabilization Fund. The Treasurer may invest the moneys in
the Budget Stabilization Fund in the same manner, in the same
types of investments, and subject to the same limitations
provided in the Illinois Pension Code for the investment of
pension funds other than those established under Article 3 or
4 of the Code.
(Source: P.A. 91-646, eff. 11-19-99.)
(30 ILCS 105/8g)
Sec. 8g. Transfers from General Revenue Fund.
(a) In addition to any other transfers that may be
provided for by law, as soon as may be practical after the
effective date of this amendatory Act of the 91st General
Assembly, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $10,000,000 from the
General Revenue Fund to the Motor Vehicle License Plate Fund
created by Senate Bill 1028 of the 91st General Assembly.
(b) In addition to any other transfers that may be
provided for by law, as soon as may be practical after the
effective date of this amendatory Act of the 91st General
Assembly, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $25,000,000 from the
General Revenue Fund to the Fund for Illinois' Future created
by Senate Bill 1066 of the 91st General Assembly.
(c) In addition to any other transfers that may be
provided for by law, on August 30 of each fiscal year's
license period, the Illinois Liquor Control Commission shall
direct and the State Comptroller and State Treasurer shall
transfer from the General Revenue Fund to the Youth
Alcoholism and Substance Abuse Prevention Fund an amount
equal to the number of retail liquor licenses issued for that
fiscal year multiplied by $50.
(d) The payments to programs required under subsection
(d) of Section 28.1 of the Horse Racing Act of 1975 shall be
made, pursuant to appropriation, from the special funds
referred to in the statutes cited in that subsection, rather
than directly from the General Revenue Fund.
Beginning January 1, 2000, on the first day of each
month, or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall
transfer from the General Revenue Fund to each of the special
funds from which payments are to be made under Section
28.1(d) of the Horse Racing Act of 1975 an amount equal to
1/12 of the annual amount required for those payments from
that special fund, which annual amount shall not exceed the
annual amount for those payments from that special fund for
the calendar year 1998. The special funds to which transfers
shall be made under this subsection (d) include, but are not
necessarily limited to, the Agricultural Premium Fund; the
Metropolitan Exposition Auditorium and Office Building Fund;
the Fair and Exposition Fund; the Standardbred Breeders Fund;
the Thoroughbred Breeders Fund; and the Illinois Veterans'
Rehabilitation Fund.
(e) In addition to any other transfers that may be
provided for by law, as soon as may be practical after the
effective date of this amendatory Act of the 91st General
Assembly, but in no event later than June 30, 2000, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $15,000,000 from the General Revenue Fund
to the Fund for Illinois' Future.
(f) In addition to any other transfers that may be
provided for by law, as soon as may be practical after the
effective date of this amendatory Act of the 91st General
Assembly, but in no event later than June 30, 2000, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $70,000,000 from the General Revenue Fund
to the Long-Term Care Provider Fund.
(Source: P.A. 91-25, eff. 6-9-99.)
(30 ILCS 105/13.3) (from Ch. 127, par. 149.3)
Sec. 13.3. Petty cash funds; purchasing cards.
(a) Any State agency may establish and maintain petty
cash funds for the purpose of making change, purchasing items
of small cost, payment of postage due, and for other nominal
expenditures which cannot be administered economically and
efficiently through customary procurement practices.
Petty cash funds may be established and maintained from
moneys which are appropriated to the agency for Contractual
Services. In the case of an agency which receives a single
appropriation for its ordinary and contingent expenses, the
agency may establish a petty cash fund from the appropriated
funds.
Before the establishment of any petty cash fund, the
agency shall submit to the State Comptroller a survey of the
need for the fund. The survey shall also establish that
sufficient internal accounting controls exist. The
Comptroller shall investigate such need and if he determines
that it exists and that adequate accounting controls exist,
shall approve the establishment of the fund. The Comptroller
shall have the power to revoke any approval previously made
under this Section.
Petty cash funds established under this Section shall be
operated and maintained on the imprest system and no fund
shall exceed $1,000, except that the Secretary of State may
maintain a fund of not exceeding $2,000 for each Chicago
Motor Vehicle Facility, each Springfield Public Service
Facility, and the Motor Vehicle Facilities in Champaign,
Decatur, Marion, Naperville, Peoria, Rockford, Granite City,
Quincy, and Carbondale, to be used solely for the purpose of
making change. Except for purchases made by procurement card
as provided in subsection (b) of this Section, single
transactions shall be limited to amounts less than $50, and
all transactions occurring in the fund shall be reported and
accounted for as may be provided in the uniform accounting
system developed by the State Comptroller and the rules and
regulations implementing that accounting system. All amounts
in any such fund of less than $1,000 but over $100 shall be
kept in a checking account in a bank, or savings and loan
association or trust company which is insured by the United
States government or any agency of the United States
government, except that in funds maintained in Chicago Motor
Vehicle Facilities, each Springfield Public Service Facility,
and the Motor Vehicle Facilities in Champaign, Decatur,
Marion, Naperville, Peoria, Rockford, Granite City, Quincy,
and Carbondale, all amounts in the fund may be retained on
the premises of such facilities.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of "An Act relating to certain investments of
public funds by public agencies", approved July 23, 1943, as
now or hereafter amended.
An internal audit shall be performed of any petty cash
fund which receives reimbursements of more than $5,000 in a
fiscal year.
Upon succession in the custodianship of any petty cash
fund, both the former and successor custodians shall sign a
statement, in triplicate, showing the exact status of the
fund at the time of the transfer. The original copy shall be
kept on file in the office wherein the fund exists, and each
signer shall be entitled to retain one copy.
(b) The Comptroller may provide by rule for the use of
purchasing cards by State agencies to pay for purchases that
otherwise may be paid out of the agency's petty cash fund.
Any rule adopted hereunder shall impose a single transaction
limit, which shall not be greater than $500.
The rules of the Comptroller may include but shall not be
limited to:
(1) standards for the issuance of purchasing cards
to State agencies based upon the best interests of the
State;
(2) procedures for recording purchasing card
transactions within the State accounting system, which
may provide for summary reporting;
(3) procedures for auditing purchasing card
transactions on a post-payment basis;
(4) standards for awarding contracts with a
purchasing card vendor to acquire purchasing cards for
use by State agencies; and
(5) procedures for the Comptroller to charge
against State agency appropriations for payment of
purchasing card expenditures without the use of the
voucher and warrant system.
(c) As used in this Section, "State agency" means any
department, officer, authority, public corporation,
quasi-public corporation, commission, board, institution,
State college or university, or other public agency created
by the State, other than units of local government and school
districts.
(Source: P.A. 90-33, eff. 6-27-97.)
Section 10-18. The Illinois Income Tax Act is amended by
changing Section 901 as follows:
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection Authority.
(a) In general.
The Department shall collect the taxes imposed by this
Act. The Department shall collect certified past due child
support amounts under Section 2505-650 of the Department of
Revenue Law (20 ILCS 2505/2505-650). Except as provided in
subsections (c) and (e) of this Section, money collected
pursuant to subsections (a) and (b) of Section 201 of this
Act shall be paid into the General Revenue Fund in the State
treasury; money collected pursuant to subsections (c) and (d)
of Section 201 of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund in the State
Treasury; and money collected under Section 2505-650 of the
Department of Revenue Law (20 ILCS 2505/2505-650) shall be
paid to the State Disbursement Unit established under Section
10-26 of the Illinois Public Aid Code.
(b) Local Governmental Distributive Fund.
Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the
General Revenue Fund to a special fund in the State treasury,
to be known as the "Local Government Distributive Fund", an
amount equal to 1/12 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1994, and
continuing through June 30, 1995, the Treasurer shall
transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to 1/11 of
the net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act during the preceding
month. Beginning July 1, 1995, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to 1/10 of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of the Illinois Income Tax Act during
the preceding month. Net revenue realized for a month shall
be defined as the revenue from the tax imposed by subsections
(a) and (b) of Section 201 of this Act which is deposited in
the General Revenue Fund, the Educational Assistance Fund and
the Income Tax Surcharge Local Government Distributive Fund
during the month minus the amount paid out of the General
Revenue Fund in State warrants during that same month as
refunds to taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2),
and (3), of Section 201 of this Act into a fund in the
State treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999 through 2001,
the Annual Percentage shall be 7.1%. For all other
fiscal years, the Annual Percentage shall be calculated
as a fraction, the numerator of which shall be the amount
of refunds approved for payment by the Department during
the preceding fiscal year as a result of overpayment of
tax liability under subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act plus the amount of such
refunds remaining approved but unpaid at the end of the
preceding fiscal year, the denominator of which shall be
the amounts which will be collected pursuant to
subsections (a) and (b)(1), (2), and (3) of Section 201
of this Act during the preceding fiscal year. The
Director of Revenue shall certify the Annual Percentage
to the Comptroller on the last business day of the fiscal
year immediately preceding the fiscal year for which it
is to be effective.
(2) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act into a
fund in the State treasury known as the Income Tax Refund
Fund. The Department shall deposit 18% of such amounts
during the period beginning January 1, 1989 and ending on
June 30, 1989. Beginning with State fiscal year 1990 and
for each fiscal year thereafter, the percentage deposited
into the Income Tax Refund Fund during a fiscal year
shall be the Annual Percentage. For fiscal years 1999,
2000, and 2001, the Annual Percentage shall be 19%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result
of overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved
but unpaid at the end of the preceding fiscal year, the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act during
the preceding fiscal year. The Director of Revenue shall
certify the Annual Percentage to the Comptroller on the
last business day of the fiscal year immediately
preceding the fiscal year for which it is to be
effective.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income
Tax Refund Fund shall be expended exclusively for the
purpose of paying refunds resulting from overpayment of
tax liability under Section 201 of this Act, for paying
rebates under Section 208.1 in the event that the amounts
in the Homeowners' Tax Relief Fund are insufficient for
that purpose, and for making transfers pursuant to this
subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to
the extent that amounts collected pursuant to Section 201
of this Act and transfers pursuant to this subsection (d)
have been deposited and retained in the Fund.
(3) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Personal Property Tax Replacement Fund to the Income
Tax Refund Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount of
refunds resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal
year 1999 and of each fiscal year thereafter, the
Director shall order transferred and the State Treasurer
and State Comptroller shall transfer from the Income Tax
Refund Fund to the General Revenue Fund any surplus
remaining in the Income Tax Refund Fund as of the end of
such fiscal year.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this
Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 7.3% into the Education Assistance
Fund in the State Treasury. Beginning July 1, 1991, and
continuing through January 31, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 3.0% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning February 1, 1993 and
continuing through June 30, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 4.4% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning July 1, 1993, and continuing
through June 30, 1994, of the amounts collected under
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department
shall deposit 1.475% into the Income Tax Surcharge Local
Government Distributive Fund in the State Treasury.
(Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
Section 10-20. The Motor Fuel Tax Law is amended by
changing Section 8 as follows:
(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Except as provided in Sections 8a and 13a.6 and
items 13, 14, 15, and 16 of Section 15, all money received by
the Department under this Act, including payments made to the
Department by member jurisdictions participating in the
International Fuel Tax Agreement, shall be deposited in a
special fund in the State treasury, to be known as the "Motor
Fuel Tax Fund", and shall be used as follows:
(a) 2 1/2 cents per gallon of the tax collected on
special fuel under paragraph (b) of Section 2 and Section 13a
of this Act shall be transferred to the State Construction
Account Fund in the State Treasury;
(b) $420,000 shall be transferred each month to the
State Boating Act Fund to be used by the Department of
Natural Resources for the purposes specified in Article X of
the Boat Registration and Safety Act;
(c) $2,250,000 shall be transferred each month to the
Grade Crossing Protection Fund to be used as follows: not
less than $6,000,000 each fiscal year shall be used for the
construction or reconstruction of rail highway grade
separation structures; beginning with fiscal year 1997 and
ending in fiscal year 2000 2003, $1,500,000, beginning with
fiscal year 2001 and ending in fiscal year 2003, $2,250,000,
and $750,000 in fiscal year 2004 and each fiscal year
thereafter shall be transferred to the Transportation
Regulatory Fund and shall be accounted for as part of the
rail carrier portion of such funds and shall be used to pay
the cost of administration of the Illinois Commerce
Commission's railroad safety program in connection with its
duties under subsection (3) of Section 18c-7401 of the
Illinois Vehicle Code, with the remainder to be used by the
Department of Transportation upon order of the Illinois
Commerce Commission, to pay that part of the cost apportioned
by such Commission to the State to cover the interest of the
public in the use of highways, roads or streets in the county
highway system, township and district road system or
municipal street system as defined in the Illinois Highway
Code, as the same may from time to time be amended, for
separation of grades, for installation, construction or
reconstruction of crossing protection or reconstruction,
alteration, relocation including construction or improvement
of any existing highway necessary for access to property or
improvement of any grade crossing including the necessary
highway approaches thereto of any railroad across the highway
or public road, as provided for in and in accordance with
Section 18c-7401 of the Illinois Vehicle Code. In entering
orders for projects for which payments from the Grade
Crossing Protection Fund will be made, the Commission shall
account for expenditures authorized by the orders on a cash
rather than an accrual basis. For purposes of this
requirement an "accrual basis" assumes that the total cost of
the project is expended in the fiscal year in which the order
is entered, while a "cash basis" allocates the cost of the
project among fiscal years as expenditures are actually made.
To meet the requirements of this subsection, the Illinois
Commerce Commission shall develop annual and 5-year project
plans of rail crossing capital improvements that will be paid
for with moneys from the Grade Crossing Protection Fund. The
annual project plan shall identify projects for the
succeeding fiscal year and the 5-year project plan shall
identify projects for the 5 directly succeeding fiscal years.
The Commission shall submit the annual and 5-year project
plans for this Fund to the Governor, the President of the
Senate, the Senate Minority Leader, the Speaker of the House
of Representatives, and the Minority Leader of the House of
Representatives on the first Wednesday in April of each year;
(d) of the amount remaining after allocations provided
for in subsections (a), (b) and (c), a sufficient amount
shall be reserved to pay all of the following:
(1) the costs of the Department of Revenue in
administering this Act;
(2) the costs of the Department of Transportation
in performing its duties imposed by the Illinois Highway
Code for supervising the use of motor fuel tax funds
apportioned to municipalities, counties and road
districts;
(3) refunds provided for in Section 13 of this Act
and under the terms of the International Fuel Tax
Agreement referenced in Section 14a;
(4) from October 1, 1985 until June 30, 1994, the
administration of the Vehicle Emissions Inspection Law,
which amount shall be certified monthly by the
Environmental Protection Agency to the State Comptroller
and shall promptly be transferred by the State
Comptroller and Treasurer from the Motor Fuel Tax Fund to
the Vehicle Inspection Fund, and for the period beginning
July 1, 1994 through June 30, and until December 31,
2000, one-twelfth of $25,000,000 each month, and for the
period July 1, 2000 through June 30, 2006, one-twelfth of
$30,000,000 each month, for the administration of the
Vehicle Emissions Inspection Law of 1995, to be
transferred by the State Comptroller and Treasurer from
the Motor Fuel Tax Fund into the Vehicle Inspection Fund;
(5) amounts ordered paid by the Court of Claims;
and
(6) payment of motor fuel use taxes due to member
jurisdictions under the terms of the International Fuel
Tax Agreement. The Department shall certify these
amounts to the Comptroller by the 15th day of each month;
the Comptroller shall cause orders to be drawn for such
amounts, and the Treasurer shall administer those amounts
on or before the last day of each month;
(e) after allocations for the purposes set forth in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
(1) Until January 1, 2000, 58.4%, and beginning
January 1, 2000, 45.6% shall be deposited as follows:
(A) 37% into the State Construction Account
Fund, and
(B) 63% into the Road Fund, $1,250,000 of
which shall be reserved each month for the
Department of Transportation to be used in
accordance with the provisions of Sections 6-901
through 6-906 of the Illinois Highway Code;
(2) Until January 1, 2000, 41.6%, and beginning
January 1, 2000, 54.4% shall be transferred to the
Department of Transportation to be distributed as
follows:
(A) 49.10% to the municipalities of the State,
(B) 16.74% to the counties of the State having
1,000,000 or more inhabitants,
(C) 18.27% to the counties of the State having
less than 1,000,000 inhabitants,
(D) 15.89% to the road districts of the State.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the
population of the municipality as determined by the last
preceding census for the purpose of determining the allotment
for that municipality. If the population of any municipality
was not determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall
be in accordance with any census taken by such municipality.
Any municipal census used in accordance with this Section
shall be certified to the Department of Transportation by the
clerk of such municipality, and the accuracy thereof shall be
subject to approval of the Department which may make such
corrections as it ascertains to be necessary.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of
the State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in
proportion to the amount of motor vehicle license fees
received from the residents of such counties, respectively,
during the preceding calendar year. The Secretary of State
shall, on or before April 15 of each year, transmit to the
Department of Transportation a full and complete report
showing the amount of motor vehicle license fees received
from the residents of each county, respectively, during the
preceding calendar year. The Department of Transportation
shall, each month, use for allotment purposes the last such
report received from the Secretary of State.
As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the
total mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective
counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or
district roads in the respective road districts bears to the
total mileage of all such township or district roads in the
county. After July 1 of any year, no allocation shall be
made for any road district unless it levied a tax for road
and bridge purposes in an amount which will require the
extension of such tax against the taxable property in any
such road district at a rate of not less than either .08% of
the value thereof, based upon the assessment for the year
immediately prior to the year in which such tax was levied
and as equalized by the Department of Revenue or, in DuPage
County, an amount equal to or greater than $12,000 per mile
of road under the jurisdiction of the road district,
whichever is less. If any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602 and
6-603 of the Illinois Highway Code, and such tax was levied
in an amount which would require extension at a rate of not
less than .08% of the value of the taxable property thereof,
as equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a
proper compliance with this Section and shall qualify such
road district for an allotment under this Section. If a
township has transferred to the road and bridge fund money
which, when added to the amount of any tax levy of the road
district would be the equivalent of a tax levy requiring
extension at a rate of at least .08%, or, in DuPage County,
an amount equal to or greater than $12,000 per mile of road
under the jurisdiction of the road district, whichever is
less, such transfer, together with any such tax levy, shall
be deemed a proper compliance with this Section and shall
qualify the road district for an allotment under this
Section.
In counties in which a property tax extension limitation
is imposed under the Property Tax Extension Limitation Law,
road districts may retain their entitlement to a motor fuel
tax allotment if, at the time the property tax extension
limitation was imposed, the road district was levying a road
and bridge tax at a rate sufficient to entitle it to a motor
fuel tax allotment and continues to levy the maximum
allowable amount after the imposition of the property tax
extension limitation. Any road district may in all
circumstances retain its entitlement to a motor fuel tax
allotment if it levied a road and bridge tax in an amount
that will require the extension of the tax against the
taxable property in the road district at a rate of not less
than 0.08% of the assessed value of the property, based upon
the assessment for the year immediately preceding the year in
which the tax was levied and as equalized by the Department
of Revenue or, in DuPage County, an amount equal to or
greater than $12,000 per mile of road under the jurisdiction
of the road district, whichever is less.
As used in this Section the term "road district" means
any road district, including a county unit road district,
provided for by the Illinois Highway Code; and the term
"township or district road" means any road in the township
and district road system as defined in the Illinois Highway
Code. For the purposes of this Section, "road district" also
includes park districts, forest preserve districts and
conservation districts organized under Illinois law and
"township or district road" also includes such roads as are
maintained by park districts, forest preserve districts and
conservation districts. The Department of Transportation
shall determine the mileage of all township and district
roads for the purposes of making allotments and allocations
of motor fuel tax funds for use in road districts.
Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the
allotment is made. The treasurer of the municipality or
county may invest these funds until their use is required and
the interest earned by these investments shall be limited to
the same uses as the principal funds.
(Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98;
90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff.
7-29-99; revised 8-23-99.)
Section 10-25. The Counties Code is amended by changing
Sections 4-2001 and 4-3001 as follows:
(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's
attorneys in this State, except the state's attorney of Cook
County, the following annual salary:
(1) Subject to paragraph (5), to each state's
attorney in counties containing less than 10,000
inhabitants, $40,500 until December 31, 1988, $45,500
until June 30, 1994, and $55,500 thereafter or as set by
the Compensation Review Board, whichever is greater.
(2) Subject to paragraph (5), to each state's
attorney in counties containing 10,000 or more
inhabitants but less than 20,000 inhabitants, $46,500
until December 31, 1988, $61,500 until June 30, 1994, and
$71,500 thereafter or as set by the Compensation Review
Board, whichever is greater.
(3) Subject to paragraph (5), to each state's
attorney in counties containing 20,000 or more but less
than 30,000 inhabitants, $51,000 until December 31, 1988,
$65,000 until June 30, 1994, and $75,000 thereafter or as
set by the Compensation Review Board, whichever is
greater.
(4) To each state's attorney in counties of 30,000
or more inhabitants, $65,500 until December 31, 1988,
$80,000 until June 30, 1994, and $96,837 thereafter or as
set by the Compensation Review Board, whichever is
greater.
(5) Effective December 1, 2000, to each state's
attorney in counties containing fewer than 30,000
inhabitants, the same salary plus any cost of living
adjustments as authorized by the Compensation Review
Board to take effect after January 1, 1999, for state's
attorneys in counties containing 20,000 or more but fewer
than 30,000 inhabitants, or as set by the Compensation
Review Board whichever is greater.
The State shall furnish 66 2/3% of the total annual
compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988, and 100%
of the increases in salary taking effect after December 31,
1988.
Said amounts furnished by the State shall be payable
monthly from the state treasury to the county in which each
state's attorney is elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney
in Illinois based on the salary in effect on December 31,
1988.
(b) Effective December 1, 2000, no state's attorney may
engage in the private practice of law. However, until
November 30, 2000, (i) the state's attorneys in counties
containing fewer than 10,000 inhabitants may engage in the
practice of law, and (ii) in any county between 10,000 and
30,000 inhabitants or in any county containing 30,000 or more
inhabitants which reached that population between 1970 and
December 31, 1981, the state's attorney may declare his or
her intention to engage in the private practice of law, and
may do so through no later than November 30, 2000, by filing
a written declaration of intent to engage in the private
practice of law with the county clerk. The declaration of
intention shall be irrevocable during the remainder of the
term of office. The declaration shall be filed with the
county clerk within 30 days of certification of election or
appointment, or within 60 days of March 15, 1989, whichever
is later. In that event the annual salary of such state's
attorney shall be as follows:
(1) In counties containing 10,000 or more
inhabitants but less than 20,000 inhabitants, $46,500
until December 31, 1988, $51,500 until June 30, 1994, and
$61,500 thereafter or as set by the Compensation Review
Board, whichever is greater. The State shall furnish
100% of the increases taking effect after December 31,
1988.
(2) In counties containing 20,000 or more
inhabitants but less than 30,000 inhabitants, and in
counties containing 30,000 or more inhabitants which
reached said population between 1970 and December 31,
1981, $51,500 until December 31, 1988, $56,000 until June
30, 1994, and $65,000 thereafter or as set by the
Compensation Review Board, whichever is greater. The
State shall furnish 100% of the increases taking effect
after December 31, 1988.
(c) In counties where a state mental health institution,
as hereinafter defined, is located, one assistant state's
attorney shall receive for his services, payable monthly from
the state treasury to the county in which he is appointed,
the following:
(1) To each assistant state's attorney in counties
containing less than 10,000 inhabitants, the sum of
$2,500 per annum;
(2) To each assistant state's attorney in counties
containing not less than 10,000 inhabitants and not more
than 20,000 inhabitants, the sum of $3,500 per annum;
(3) To each assistant state's attorney in counties
containing not less than 20,000 inhabitants and not more
than 30,000 inhabitants, the sum of $4,000 per annum;
(4) To each assistant state's attorney in counties
containing not less than 30,000 inhabitants and not more
than 40,000 inhabitants, the sum of $4,500 per annum;
(5) To each assistant state's attorney in counties
containing not less than 40,000 inhabitants and not more
than 70,000 inhabitants, the sum of $5,000 per annum;
(6) To each assistant state's attorney in counties
containing not less than 70,000 inhabitants and not more
than 1,000,000 inhabitants, the sum of $6,000 per annum.
(d) The population of all counties for the purpose of
fixing salaries as herein provided shall be based upon the
last Federal census immediately previous to the appointment
of an assistant state's attorney in each county.
(e) At the request of the county governing authority, in
counties where one or more state correctional institutions,
as hereinafter defined, are located, one or more assistant
state's attorneys shall receive for their services, provided
that such services are performed in connection with the state
correctional institution, payable monthly from the state
treasury to the county in which they are appointed, the
following:
(1) $22,000 for each assistant state's attorney in
counties with one or more State correctional institutions
with a total average daily inmate population in excess of
2,000, on the basis of 2 assistant state's attorneys when
the total average daily inmate population exceeds 2,000
but is less than 4,000; and 3 assistant state's attorneys
when such population exceeds 4,000; with reimbursement to
be based on actual services rendered.
(2) $15,000 per year for one assistant state's
attorney in counties having one or more correctional
institutions with a total average daily inmate population
of between 750 and 2,000 inmates, with reimbursement to
be based on actual services rendered.
(3) A maximum of $12,000 per year for one assistant
state's attorney in counties having less than 750
inmates, with reimbursement to be based on actual
services rendered.
Upon application of the county governing authority
and certification of the State's Attorney, the Director
of Corrections may, in his discretion and subject to
appropriation, increase the amount of salary
reimbursement to a county in the event special
circumstances require the county to incur extraordinary
salary expenditures as a result of services performed in
connection with State correctional institutions in that
county.
In determining whether or not to increase the amount of
salary reimbursement, the Director shall consider, among
other matters:
(1) the nature of the services rendered;
(2) the results or dispositions obtained;
(3) whether or not the county was required to
employ additional attorney personnel as a direct result
of the services actually rendered in connection with a
particular service to a State correctional institution.
(f) In counties where a State senior institution of
higher education is located, the assistant state's attorneys
specified by this Section shall receive for their services,
payable monthly from the State treasury to the county in
which appointed, the following:
(1) $14,000 per year each for employment on a full
time basis for 2 assistant state's attorneys in counties
having a State university or State universities with
combined full time enrollment of more than 15,000
students.
(2) $7,200 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of 10,000 to 15,000
students.
(3) $4,000 per year for one assistant state's
attorney with no limitation on other practice in counties
having a State university or State universities with
combined full time enrollment of less than 10,000
students.
Such salaries shall be paid to the state's attorney and
the assistant state's attorney in equal monthly installments
by such county out of the county treasury provided that the
State of Illinois shall reimburse each county monthly from
the state treasury the amount of such salary. This Section
shall not prevent the payment of such additional compensation
to the state's attorney or assistant state's attorney of any
county, out of the treasury of that county as may be provided
by law.
(g) For purposes of this Section, "State mental health
institution" means any institution under the jurisdiction of
the Department of Human Services that is listed in Section 4
of the Mental Health and Developmental Disabilities
Administrative Act.
For purposes of this Section, "State correctional
institution" means any facility of the Department of
Corrections including adult facilities, juvenile facilities,
pre-release centers, community correction centers, and work
camps.
For purposes of this Section, "State university" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, and any public
community college which has established a program of
interinstitutional cooperation with one of the foregoing
institutions whereby a student, after earning an associate
degree from the community college, pursues a course of study
at the community college campus leading to a baccalaureate
degree from the foregoing institution (also known as a "2
Plus 2" degree program).
(h) A number of assistant state's attorneys shall be
appointed in each county, that chooses to participate, as
provided in this subsection, for the prosecution of
alcohol-related traffic offenses. Each county shall receive
annually a subsidy for payment of the salaries and benefits
of these assistant state's attorneys from State funds
appropriated to the county for that purpose. The amounts of
subsidies provided by this subsection shall be adjusted for
inflation each July 1 using the Consumer Price Index of the
Bureau of Labor Statistics of the U.S. Department of Labor.
When a county chooses to participate in the subsidy
program described in this subsection (h), the number of
assistant state's attorneys who are prosecuting
alcohol-related traffic offenses must increase according to
the subsidy provided in this subsection. These appointed
assistant state's attorneys shall be in addition to any other
assistant state's attorneys assigned to those cases on the
effective date of this amendatory Act of the 91st General
Assembly, and may not replace those assistant state's
attorneys. In counties where the state's attorney is the
sole prosecutor, this subsidy shall be used to provide an
assistant state's attorney to prosecute alcohol-related
traffic offenses along with the state's attorney. In
counties where the state's attorney is the sole prosecutor,
and in counties where a judge presides over cases involving a
variety of misdemeanors, including alcohol-related traffic
matters, assistant state's attorneys appointed and subsidized
by this subsection (h) may also prosecute the different
misdemeanor cases at the direction of the state's attorney.
Assistant state's attorneys shall be appointed under this
subsection in the following number and counties shall receive
the following annual subsidies:
(1) In counties with fewer than 30,000 inhabitants,
one at $35,000.
(2) In counties with 30,000 or more but fewer than
100,000 inhabitants, one at $45,000.
(3) In counties with 100,000 or more but fewer than
300,000 inhabitants, 2 at $45,000 each.
(4) In counties, other than Cook County, with
300,000 or more inhabitants, 4 at $50,000 each.
If in any year the amount appropriated for the purposes
of this subsection (h) is insufficient to pay all of the
subsidies specified in this subsection, the amount
appropriated shall be prorated among the counties choosing to
participate.
(Source: P.A. 90-14, eff. 7-1-97; 90-375, eff. 8-14-97;
91-273, eff. 1-1-00; 91-440, eff. 8-6-99; revised 10-19-99.)
(55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
Sec. 4-3001. State's attorney; assistants.
(a) The State's Attorney of Cook County shall be paid an
annual salary of $75,000 until December 31, 1988, $90,000
until November 30, 1990, $100,000 until June 30, 1994, and
$112,124 thereafter or as set by the Compensation Review
Board, whichever is greater.
Such sums shall be in full payment for all services
rendered by him. The State shall furnish from the State
treasury 66 2/3% of such salary in effect on December 31,
1988, 100% of the increases in salary taking effect after
December 31, 1988, and Cook County shall furnish 33 1/3% of
such salary in effect on December 31, 1988. The State's
Attorney of Cook County may not engage in the private
practice of law.
(b) If Cook County chooses to participate in the subsidy
program described in this subsection (b), 24 assistant
state's attorneys shall be appointed for the prosecution of
alcohol-related traffic offenses. Cook County shall annually
receive a subsidy for the payment of the salaries and
benefits of these assistant state's attorneys from State
funds appropriated to Cook County for that purpose. The
amount of the subsidy shall equal $50,000 per assistant
state's attorney appointed under this subsection, adjusted
for inflation each July 1 using the Consumer Price Index of
the Bureau of Labor Statistics of the U.S. Department of
Labor. If in any year the amount appropriated for the
purposes of this subsection (b) is insufficient, the annual
subsidy shall be reduced accordingly.
When and if Cook County chooses to participate in the
subsidy program described in this subsection (b), the number
of assistant state's attorneys who are prosecuting
alcohol-related traffic offenses must increase by 24. These
appointed assistant state's attorneys shall be in addition to
any other assistant state's attorneys assigned to those cases
on the effective date of this amendatory Act of the 91st
General Assembly, and may not replace those assistant state's
attorneys. Cook County assistant state's attorneys appointed
and subsidized by this subsection (b) may also prosecute
other types of misdemeanor cases at the direction of the Cook
County State's Attorney.
(Source: P.A. 90-375, eff. 8-14-97; 91-273, eff. 1-1-00.)
Section 10-30. The Weights and Measures Act is amended
by changing Section 40 as follows:
(225 ILCS 470/40) (from Ch. 147, par. 140)
Sec. 40. Inspection fee; Weights and Measures Fund.
Except as otherwise provided in Section 43, the Director and
each sealer shall collect and receive from the user of
weights and measures a commercial weighing or measuring
device inspection fee. For the use of its Metrology
Laboratory, the testings of weights and measures and such
other inspection and services performed, the Department shall
set a fee, the amount of which shall be according to a
Schedule of Weights and Measures Inspection Fees established
and published by the Director. The fees so collected and
received by the State shall be deposited into a special fund
to be known as the Weights and Measures Fund. All weights
and measures inspection fees, metrology fees, weights and
measures registrations, and weights and measures penalties
collected by the Department under this Act shall be deposited
into the Weights and Measures Fund. The amount annually
collected shall be used by the Department for activities
related to the enforcement of this Act and the Motor Fuel and
Petroleum Standards Act, and for the State's share of the
costs of the Field Automation Information Management project.
No person shall be required to pay more than 2 inspection
fees for any one weighing or measuring device in any one year
when found to be accurate. When an inspection is made upon a
weighing or measuring device because of a complaint by a
person other than the owner of such weighing or measuring
device, and the device is found accurate as set forth in
Section 8 of this Act, then the inspection fee shall be paid
by the complainant.
(Source: P.A. 88-600, eff. 9-1-94.)
Section 10-35. The Response Action Contractor
Indemnification Act is amended by changing Section 5 as
follows:
(415 ILCS 100/5) (from Ch. 111 1/2, par. 7205)
Sec. 5. Response Contractors Indemnification Fund.
(a) There is hereby created the Response Contractors
Indemnification Fund. The State Treasurer, ex officio, shall
be custodian of the Fund, and the Comptroller shall direct
payments from the Fund upon vouchers properly certified by
the Attorney General in accordance with Section 4. The
Treasurer shall credit interest on the Fund to the Fund.
(b) Every State response action contract shall provide
that 5% of each payment to be made by the State under the
contract shall be paid by the State directly into the
Response Contractors Indemnification Fund rather than to the
contractor, except that when there is more than $4,000,000 in
the Fund at the beginning of a State fiscal year, State
response action contracts during that fiscal year need not
provide that 5% of each payment made under the contract be
paid into the Fund. When only a portion of a contract
relates to a remedial or response action, or to the
identification, handling, storage, treatment or disposal of a
pollutant, the contract shall provide that only that portion
is subject to this subsection.
(c) Within 30 days after the effective date of this
amendatory Act of 1997, the Comptroller shall order
transferred and the Treasurer shall transfer $1,200,000 from
the Response Contractors Indemnification Fund to the
Brownfields Redevelopment Fund. The Comptroller shall order
transferred and the Treasurer shall transfer $1,200,000 from
the Response Contractors Indemnification Fund to the
Brownfields Redevelopment Fund on the first day of fiscal
years 1999, 2000, 2001, and 2002.
(d) Within 30 days after the effective date of this
amendatory Act of the 91st General Assembly, the Comptroller
shall order transferred and the Treasurer shall transfer
$2,000,000 from the Response Contractors Indemnification Fund
to the Asbestos Abatement Fund.
(Source: P.A. 89-254, eff. 8-8-95; 90-123, eff. 7-21-97.)
Section 10-40. The Unemployment Insurance Act is amended
by changing Section 2103 as follows:
(820 ILCS 405/2103) (from Ch. 48, par. 663)
Sec. 2103. Unemployment compensation administration and
other workforce development costs cost. All moneys received
by the State or by the Director from any source for the
financing of the cost of administration of this Act,
including all federal moneys allotted or apportioned to the
State or to the Director for that purpose, including moneys
received directly or indirectly from the federal government
under the Job Training Partnership Act, and including moneys
received from the Railroad Retirement Board as compensation
for services or facilities supplied to said Board, or any
moneys made available by this State or its political
subdivisions and matched by moneys granted to this State
pursuant to the provisions of the Wagner-Peyser Act, shall be
received and held by the State Treasurer as ex-officio
custodian thereof, separate and apart from all other State
moneys, in the Title III Social Security and Employment Fund,
and such funds shall be distributed or expended upon the
direction of the Director and, except money received pursuant
to the last paragraph of Section 2100B, shall be distributed
or expended solely for the purposes and in the amounts found
necessary by the Secretary of Labor of the United States of
America, or other appropriate federal agency, for the proper
and efficient administration of this Act. Notwithstanding
any provision of this Section, all money requisitioned and
deposited with the State Treasurer pursuant to the last
paragraph of Section 2100B shall remain part of the
unemployment trust fund and shall be used only in accordance
with the conditions specified in the last paragraph of
Section 2100B.
If any moneys received from the Secretary of Labor, or
other appropriate federal agency, under Title III of the
Social Security Act, or any moneys granted to this State
pursuant to the provisions of the Wagner-Peyser Act, or any
moneys made available by this State or its political
subdivisions and matched by moneys granted to this State
pursuant to the provisions of the Wagner-Peyser Act, are
found by the Secretary of Labor, or other appropriate Federal
agency, because of any action or contingency, to have been
lost or expended for purposes other than, or in amounts in
excess of, those found necessary, by the Secretary of Labor,
or other appropriate Federal agency, for the proper
administration of this Act, it is the policy of this State
that such moneys shall be replaced by moneys appropriated for
such purpose from the general funds of this State for
expenditure as provided in the first paragraph of this
Section. The Director shall report to the Bureau of the
Budget, in the same manner as is provided generally for the
submission by State Departments of financial requirements for
the ensuing fiscal year, and the Governor shall include in
his budget report to the next regular session of the General
Assembly, the amount required for such replacement.
Moneys in the Title III Social Security and Employment
this Fund shall not be commingled with other State funds, but
they shall be deposited as required by law and maintained in
a separate account on the books of a savings and loan
association or bank.
The State Treasurer shall be liable on his general
official bond for the faithful performance of his duties as
custodian of all such moneys in the Title III Social Security
and Employment Fund as may come into his hands by virtue of
this Section. Such liability on his official bond shall
exist in addition to the liability upon any separate bond
given by him. All sums recovered for losses sustained by the
fund herein described shall be deposited therein.
Upon the effective date of this amendatory Act of 1987
(January 1, 1988), the Comptroller shall transfer all
unobligated funds from the Job Training Fund into the Title
III Social Security and Employment Fund.
On September 1, 2000, or as soon thereafter as may be
reasonably practicable, the State Comptroller shall transfer
all unobligated moneys from the Job Training Partnership Fund
into the Title III Social Security and Employment Fund. The
moneys transferred pursuant to this amendatory Act may be
used or expended for purposes consistent with the conditions
under which those moneys were received by the State.
Beginning on the effective date of this amendatory Act of
the 91st General Assembly, all moneys that would otherwise be
deposited into the Job Training Partnership Fund shall
instead be deposited into the Title III Social Security and
Employment Fund, to be used for purposes consistent with the
conditions under which those moneys are received by the
State, except that any moneys that may be necessary to pay
liabilities outstanding as of June 30, 2000 shall be
deposited into the Job Training Partnership Fund.
(Source: P.A. 85-956.)
ARTICLE 99. EFFECTIVE DATE
Section 99-1. Effective date. This Act takes effect July
1, 2000, except that this Section and the changes to Section
8g of the State Finance Act take effect upon becoming law.
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