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92nd General Assembly

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Public Act 92-0011

HB3493 Enrolled                                LRB9206869REks

    AN ACT relating to budget implementation.

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

    Section  1.  Short  title.   This Act may be cited as the
FY2002 Budget Implementation (State Finance) Act.

    Section 3.  Purpose.  It is the purpose  and  subject  of
this  Act  to  make the changes in State programs relating to
State finance that are necessary  to  implement  the  State's
FY2002 budget.

    Section  5.   The  Department  of  Commerce and Community
Affairs Law of the Civil Administrative Code of  Illinois  is
amended by changing Section 605-710 as follows:

    (20 ILCS 605/605-710)
    Sec.     605-710.      Regional    tourism    development
organizations.
    (a)  The  Department  may,  subject   to   appropriation,
provide  contractual  funding from the Tourism Promotion Fund
for  the  administrative  costs  of  not-for-profit  regional
tourism development organizations that assist the  Department
in  developing tourism throughout a multi-county geographical
area  designated  by  the   Department.    Regional   tourism
development  organizations receiving funds under this Section
may be required by the Department  to  submit  to  audits  of
contracts  awarded by the Department to determine whether the
regional tourism development organization has  performed  all
contractual obligations under those contracts.
    Every   employee   of   a  regional  tourism  development
organization  receiving  funds  under  this   Section   shall
disclose  to  the  organization's  governing board and to the
Department any economic interest that employee  may  have  in
any  entity  with  which  the  regional  tourism  development
organization  has contracted or to which the regional tourism
development organization has granted funds.
    (b)  The Department, from  moneys  transferred  from  the
General  Revenue  Fund  to  the  Tourism  Promotion  Fund and
appropriated from the Tourism  Promotion  Fund,  shall  first
provide  funding  of  $5,000,000  annually  to a governmental
entity with at least  2,000,000  square  feet  of  exhibition
space  that  has  as  part  of  its  duties  the promotion of
cultural, scientific and trade exhibits and events  within  a
county  with  a population of more than 3,000,000, to be used
for  any  of  the  governmental  entity's  general  corporate
purposes.
(Source: P.A.  90-26,  eff.  7-1-97;  90-655,  eff.  7-30-98;
91-239, eff. 1-1-00.)

    Section  7.  The  Legislative Materials Act is amended by
changing Section 1 as follows:

    (25 ILCS 105/1) (from Ch. 63, par. 801)
    Sec. 1. Fees.
    (a)  The  Clerk  of  the  House  of  Representatives  may
establish a schedule of reasonable fees  to  be  charged  for
providing  copies  of  daily  and  bound  journals, committee
documents,  committee   tape   recordings,   transcripts   of
committee  proceedings,  and committee notices, for providing
copies of bills on a continuing or individual basis, and  for
providing  tape  recordings  and transcripts of floor debates
and other proceedings of the House.
    (b)  The Secretary of the Senate may establish a schedule
of reasonable fees to be  charged  for  providing  copies  of
daily  and  bound  journals, committee notices, for providing
copies of bills on a continuing or individual basis, and  for
providing  tape  recordings  and transcripts of floor debates
and other proceedings of the Senate.
    (c)  The Clerk of the House of  Representatives  and  the
Secretary   of   the  Senate  may  establish  a  schedule  of
reasonable fees to be charged for  providing  live  audio  of
floor   debates   and  other  proceedings  of  the  House  of
Representatives and the Senate.  The Clerk and the  Secretary
shall  have complete discretion over the distribution of live
audio under this subsection (c),  including  discretion  over
the  conditions  under which live audio shall be distributed,
except that live audio shall be distributed  to  the  General
Assembly  and  its  staffs.   Nothing  in this subsection (c)
shall be construed to create an obligation on the part of the
Clerk or Secretary to provide live audio  to  any  person  or
entity other than to the General Assembly and its staffs.
    (c-5)  The  Clerk of the House of Representatives, to the
extent  authorized  by  the  House  Rules,  may  establish  a
schedule of reasonable fees to be charged to members for  the
preparation,  filing,  and  reproduction  of  non-substantive
resolutions.
    (c-10)  Through December 31, 2002, the Clerk of the House
of  Representatives  may  sell  to  a  member of the House of
Representatives one or  more  of  the  chairs  that  comprise
member  seating  in the House chamber.  The Clerk must charge
the original cost of the chairs.
    (c-15)  Through December 31, 2002, the Secretary  of  the
Senate  may sell to a member of the Senate one or more of the
chairs that comprise member seating in  the  Senate  chamber.
The Secretary must charge the original cost of the chairs.
    (d)  Receipts from all fees and charges established under
this  Section  subsections  (a), (b), (c), and (c-5) shall be
deposited by the Clerk and the  Secretary  into  the  General
Assembly  Operations  Revolving  Fund,  a special fund in the
State treasury.  Amounts in the Fund may be appropriated  for
the  operations  of  the offices of the Clerk of the House of
Representatives and the Secretary of  the  Senate,  including
the  replacement  of  items sold under subsections (c-10) and
(c-15).
(Source: P.A. 90-569, eff. 1-28-98.)

    Section 10.  The Space Needs Act is amended  by  changing
Section 3.06 as follows:

    (25 ILCS 125/3.06) (from Ch. 63, par. 223.06)
    Sec.  3.06.  (a)  To review and approve or disapprove all
contracts for the  repair,  rehabilitation,  construction  or
alteration  of  all State buildings in the Capital complex of
buildings in Springfield, Illinois,  including  all  tunnels,
power and heating plants and surrounding grounds.
    (b)  To  enter  into  all  necessary  contracts  for  the
repair,  rehabilitation,  construction,  or alteration of any
portion of a State building in the Capitol  complex  used  or
occupied  by  the  legislative  branch.   The  Commission may
delegate its authority under this subsection, in whole or  in
part,  to  an  appropriate construction agency, as defined in
the Illinois Procurement Code.
(Source: Laws 1967, p. 4139.)

    Section 15.  The State Finance Act is amended by changing
Sections 6z-43, 6z-45, and 8g and  adding  Section  6z-51  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.  The Treasurer may invest the
moneys  in  the 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.
    (b)  As soon as may be practical  after  June  30,  2001,
upon  notification from and at the direction of the Governor,
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, as determined
by the Governor, 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; 91-704, eff. 7-1-00;
91-797, eff. 6-9-00; revised 6-28-00.)

    (30 ILCS 105/6z-45)
    Sec. 6z-45.  The School Infrastructure Fund.
    (a)  The School  Infrastructure  Fund  is  created  as  a
special fund in the State Treasury.
    In  addition  to  any  other  deposits authorized by law,
beginning January 1, 2000, on the first day of each month, or
as soon thereafter as may be practical, the  State  Treasurer
and  State  Comptroller  shall transfer the sum of $5,000,000
from the General Revenue Fund to  the  School  Infrastructure
Fund; provided, however, that no such transfers shall be made
from July 1, 2001 through June 30, 2002.
    (b)  Subject  to the transfer provisions set forth below,
money in the School Infrastructure Fund shall,  if  and  when
the  State of Illinois incurs any bonded indebtedness for the
construction  of  school  improvements   under   the   School
Construction  Law,  be  set aside and used for the purpose of
paying and discharging annually the principal and interest on
that bonded indebtedness then due and  payable,  and  for  no
other purpose.
    In  addition to other transfers to the General Obligation
Bond Retirement and Interest Fund made pursuant to Section 15
of the General Obligation Bond Act,  upon  each  delivery  of
bonds  issued  for  construction of school improvements under
the School Construction  Law,  the  State  Comptroller  shall
compute  and  certify to the State Treasurer the total amount
of principal of, interest on, and premium, if  any,  on  such
bonds  during  the  then  current  and each succeeding fiscal
year.
    On or before the  last  day  of  each  month,  the  State
Treasurer  and  State  Comptroller  shall  transfer  from the
School Infrastructure Fund to  the  General  Obligation  Bond
Retirement  and Interest Fund an amount sufficient to pay the
aggregate of the principal of, interest on, and  premium,  if
any, on the bonds payable on their next payment date, divided
by the number of monthly transfers occurring between the last
previous  payment  date  (or  the delivery date if no payment
date has yet occurred) and the next succeeding payment date.
    (c)  The surplus, if any, in  the  School  Infrastructure
Fund  after  the  payment  of  principal and interest on that
bonded indebtedness  then  annually  due  shall,  subject  to
appropriation, be used as follows:
    First  -  to  make  3  payments  to the School Technology
Revolving Loan Fund as follows:
         Transfer of $30,000,000 in fiscal year 1999;
         Transfer of $20,000,000 in fiscal year 2000; and
         Transfer of $10,000,000 in fiscal year 2001.
    Second - to pay  the  expenses  of  the  State  Board  of
Education  and the Capital Development Board in administering
programs  under  the  School  Construction  Law,  the   total
expenses not to exceed $1,200,000 in any fiscal year.
    Third  -  to  pay  any  amounts due for grants for school
construction projects  and  debt  service  under  the  School
Construction Law.
    Fourth  -  to  pay  any amounts due for grants for school
maintenance projects under the School Construction Law.
(Source: P.A.  90-548,  eff.  1-1-98;  90-587,  eff.  7-1-98;
91-38, eff. 6-15-99; 91-711, eff. 7-1-00.)

    (30 ILCS 105/6z-51 new)
    Sec. 6z-51. Budget Stabilization Fund.
    (a)  The Budget Stabilization Fund, a special fund in the
State  Treasury,  shall  consist  of  moneys  appropriated or
transferred to that Fund, as provided in Section 6z-43 and as
otherwise provided by law.
    (b)  The State Comptroller may direct the State Treasurer
to transfer moneys from the Budget Stabilization Fund to  the
General Revenue Fund in order to meet deficits resulting from
timing  variations  between  disbursements and the receipt of
funds within a fiscal year.  Any moneys so borrowed shall  be
repaid  by  June  30  of  the  fiscal year in which they were
borrowed.

    (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.
    (f-1)  In fiscal year 2002,  in  addition  to  any  other
transfers  that  may be provided for by law, at the direction
of  and  upon  notification  from  the  Governor,  the  State
Comptroller  shall  direct  and  the  State  Treasurer  shall
transfer amounts not exceeding a total of  $160,000,000  from
the General Revenue Fund to the Long-Term Care Provider Fund.
    (g)  In  addition  to  any  other  transfers  that may be
provided for by law, on July 1, 2001, or as  soon  thereafter
as  may  be practical, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $1,200,000 from
the General Revenue Fund to the Violence Prevention Fund.
    (h)  In each of fiscal years 2002 through 2007,  but  not
thereafter,  in  addition  to any other transfers that may be
provided for by law, the State Comptroller shall  direct  and
the  State  Treasurer  shall  transfer  $5,000,000  from  the
General Revenue Fund to the Tourism Promotion Fund.
    (i)  On  or  after July 1, 2001 and until May 1, 2002, in
addition to any other transfers that may be provided  for  by
law,  at  the  direction  of  and  upon notification from the
Governor, the State Comptroller shall direct  and  the  State
Treasurer  shall  transfer  amounts  not exceeding a total of
$80,000,000 from the General  Revenue  Fund  to  the  Tobacco
Settlement  Recovery  Fund.  Any amounts so transferred shall
be re-transferred by the  State  Comptroller  and  the  State
Treasurer  from  the  Tobacco Settlement Recovery Fund to the
General  Revenue  Fund  at  the   direction   of   and   upon
notification from the Governor, but in any event on or before
June 30, 2002.
    (j)  On  or after July 1, 2001 and no later than June 30,
2002, in addition to any other transfers that may be provided
for by law, at the direction of and  upon  notification  from
the  Governor,  the  State  Comptroller  shall direct and the
State Treasurer shall transfer  amounts  not  to  exceed  the
following sums into the Statistical Services Revolving Fund:
    From the General Revenue Fund...............   $8,450,000
    From the Public Utility Fund................    1,700,000
    From the Transportation Regulatory Fund.....    2,650,000
    From the Title III Social Security and
      Employment Fund...........................    3,700,000
    From the Professions Indirect Cost Fund.....    4,050,000
    From the Underground Storage Tank Fund......      550,000
    From the Agricultural Premium Fund..........      750,000
    From the State Pensions Fund................      200,000
    From the Road Fund..........................    2,000,000
    From the Health Facilities
      Planning Fund.............................    1,000,000
    From the Savings and Residential Finance
      Regulatory Fund...........................      130,800
    From the Appraisal Administration Fund......       28,600
    From the Pawnbroker Regulation Fund.........        3,600
    From the Auction Regulation
      Administration Fund.......................       35,800
    From the Bank and Trust Company Fund........      634,800
    From the Real Estate License
      Administration Fund.......................      313,600
(Source: P.A. 91-25, eff. 6-9-99; 91-704, eff. 5-17-00.)

    Section  20.  The Illinois Procurement Code is amended by
adding Section 30-43 as follows:

    (30 ILCS 500/30-43 new)
    Sec. 30-43.  Capitol complex construction.
    (a)  Any construction agency seeking to award  or  let  a
contract  for  construction  or construction-related services
relating to a State building within the Capitol  complex  (as
defined  in  the Space Needs Act) that is used or occupied by
the legislative branch, other than for emergency procurement,
must give written notice of that intent to  the  Space  Needs
Commission  at least 30 days before beginning the competitive
selection process.
    (b)  Before making a small purchase or a sole  source  or
emergency procurement of construction or construction-related
services  relating  to  a  State  building within the Capitol
complex (as defined in the Space Needs Act) that is  used  or
occupied  by  the  legislative  branch, a construction agency
must submit to the Procurement Policy Board  in  writing  its
reasonings  for  determination  of the procurement as a small
purchase or a sole source or emergency procurement.    Within
14  business  days after receiving a written submission under
this subsection, the Procurement Policy Board must review and
approve or disapprove the procurement.
    (c)  This Section does  not  require  any  delay  in  the
making of emergency repairs that require immediate action, to
the extent necessary to undertake that immediate action.

    Section 25.  The State Property Control Act is amended by
adding Section 15 as follows:

    (30 ILCS 605/15 new)
    Sec.  15.   Items sold to General Assembly members.  This
Act does not apply to items sold to General Assembly  members
under  subsections  (c-10)  and  (c-15)  of  Section 1 of the
Legislative Materials Act.

    Section 30.  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 into the Child Support Enforcement Trust Fund, a special
fund outside the State Treasury, or to the State Disbursement
Unit established under Section 10-26 of the  Illinois  Public
Aid Code, as directed by the Department of Public Aid.
    (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, minus the amounts transferred into
    the  Income  Tax  Refund Fund from the Tobacco Settlement
    Recovery Fund, and 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; except that in State
    fiscal year 2002, the Annual Percentage shall in no event
    exceed 7.6%.  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,  and
    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; except that in State fiscal
    year 2002, the Annual Percentage shall in no event exceed
    23%.  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.
         (3)  The Comptroller shall order transferred and the
    Treasurer  shall  transfer  from  the  Tobacco Settlement
    Recovery  Fund  to  the  Income  Tax  Refund   Fund   (i)
    $35,000,000   in   January,  2001,  (ii)  $35,000,000  in
    January, 2002, and (iii) $35,000,000 in January, 2003.

    (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)
    and item (3) of subsection (c) 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; excluding for fiscal years 2000,  2001,
    and 2002 amounts attributable to transfers under item (3)
    of  subsection (c) less refunds resulting from the earned
    income tax credit.
         (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;  91-700, eff.
5-11-00; 91-704, eff. 7-1-00; 91-712,  eff.  7-1-00;  revised
6-28-00.)

    Section  35.   The  Public  Utilities  Act  is amended by
changing Section 2-202 as follows:

    (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
    Sec. 2-202. Policy; Public Utility Fund; tax.
    (a)  It is declared to be the public policy of this State
that in order to maintain and foster the effective regulation
of public utilities under this Act in the  interests  of  the
People  of  the State of Illinois and the public utilities as
well, the public utilities subject to regulation  under  this
Act  and  which  enjoy  the  privilege of operating as public
utilities  in  this  State,  shall  bear   the   expense   of
administering  this  Act  by means of a tax on such privilege
measured by the annual gross revenue of such public utilities
in the manner provided in this Section. For purposes of  this
Section,  "expense  of  administering  this Act" includes any
costs incident to studies, whether made by the Commission  or
under  contract  entered  into  by the Commission, concerning
environmental pollution problems caused or contributed to  by
public  utilities  and  the  means for eliminating or abating
those problems. Such  proceeds  shall  be  deposited  in  the
Public Utility Fund in the State treasury.
    (b)  All  of  the ordinary and contingent expenses of the
Commission incident to the administration of this  Act  shall
be   paid   out   of  the  Public  Utility  Fund  except  the
compensation of the members of the Commission which shall  be
paid  from  the  General  Revenue Fund. Notwithstanding other
provisions of this Act to  the  contrary,  the  ordinary  and
contingent   expenses  of  the  Commission  incident  to  the
administration of the Illinois Commercial Transportation  Law
may  be paid from appropriations from the Public Utility Fund
through the end of fiscal year 1986.
    (c)  A tax is imposed upon each public utility subject to
the provisions of this Act equal to .08% of its gross revenue
for each calendar year  commencing  with  the  calendar  year
beginning January 1, 1982, except that the Commission may, by
rule,  establish  a  different rate no greater than 0.1%. For
purposes of this Section, "gross revenue" shall  not  include
revenue  from  the  production,  transmission,  distribution,
sale, delivery, or furnishing of electricity. "Gross revenue"
shall   not   include   amounts  paid  by  telecommunications
retailers    under    the    Telecommunications     Municipal
Infrastructure Maintenance Fee Act.
    (d)  Annual  gross  revenue  returns  shall  be  filed in
accordance with paragraph (1) or (2) of this subsection (d).
         (1)  Except as provided in  paragraph  (2)  of  this
    subsection (d), on or before January 10 of each year each
    public  utility  subject  to  the  provisions of this Act
    shall file with the Commission an estimated annual  gross
    revenue  return  containing  an estimate of the amount of
    its  gross  revenue  for  the  calendar  year  commencing
    January 1 of said year and a statement of the  amount  of
    tax  due  for  said  calendar  year  on the basis of that
    estimate.  Public utilities may also file revised returns
    containing updated estimates and updated amounts  of  tax
    due  during  the calendar year. These revised returns, if
    filed, shall form the basis for  quarterly  payments  due
    during  the remainder of the calendar year.  In addition,
    on or before  February  15  of  each  year,  each  public
    utility  shall  file an amended return showing the actual
    amount of gross revenues shown by the company's books and
    records as of December 31 of the previous year. Forms and
    instructions for such  estimated,  revised,  and  amended
    returns shall be devised and supplied by the Commission.
         (2)  Beginning  January 1, 1993, the requirements of
    paragraph (1) of this subsection (d) shall not  apply  to
    any  public  utility  in  any calendar year for which the
    total tax the public utility owes under this  Section  is
    less than $1,000.  For such public utilities with respect
    to  such  years,  the  public utility shall file with the
    Commission, on or before  January  31  of  the  following
    year,  an  annual gross revenue return for the year and a
    statement of the amount of  tax due for that year on  the
    basis  of  such a return. Forms and instructions for such
    returns  and  corrected  returns  shall  be  devised  and
    supplied by the Commission.
    (e)  All returns submitted to the Commission by a  public
utility  as provided in this subsection (e) or subsection (d)
of this Section shall contain or be  verified  by  a  written
declaration  by  an appropriate officer of the public utility
that the return is made under the penalties of  perjury.  The
Commission  may  audit  each  such  return submitted and may,
under the provisions of Section 5-101 of this Act, take  such
measures as are necessary to ascertain the correctness of the
returns submitted. The Commission has the power to direct the
filing  of  a corrected return by any utility which has filed
an incorrect return and to direct the filing of a  return  by
any   utility  which  has  failed  to  submit  a  return.   A
taxpayer's signing a fraudulent return under this Section  is
perjury,  as  defined in Section 32-2 of the Criminal Code of
1961.
    (f)  (1)  For all public utilities subject  to  paragraph
(1)  of  subsection  (d),  at least one quarter of the annual
amount of tax due under subsection (c) shall be paid  to  the
Commission  on  or  before  the  tenth day of January, April,
July, and October of the calendar year subject  to  tax.   In
the  event that an adjustment in the amount of tax due should
be necessary as a result of  the  filing  of  an  amended  or
corrected  return  under  subsection (d) or subsection (e) of
this Section, the amount of any deficiency shall be  paid  by
the  public  utility  together  with the amended or corrected
return and the amount of any excess shall, after  the  filing
of  a  claim for credit by the public utility, be returned to
the public utility in the form of a credit memorandum in  the
amount of such excess or be refunded to the public utility in
accordance  with  the  provisions  of  subsection (k) of this
Section.  However, if such deficiency or excess is less  than
$1,  then  the public utility need not pay the deficiency and
may not claim a credit.
    (2)  Any public  utility  subject  to  paragraph  (2)  of
subsection  (d)  shall  pay  the  amount  of  tax  due  under
subsection (c) on or before January 31 next following the end
of  the  calendar  year subject to tax.  In the event that an
adjustment in the amount of tax due should be necessary as  a
result  of  the filing of a corrected return under subsection
(e), the amount of any deficiency shall be paid by the public
utility at the time the corrected return is filed. Any excess
tax payment by the public utility shall  be  returned  to  it
after  the  filing  of  a  claim for credit, in the form of a
credit memorandum in the amount of the excess.   However,  if
such deficiency or excess is less than $1, the public utility
need not pay the deficiency and may not claim a credit.
    (g)  Each  installment  or  required  payment  of the tax
imposed by subsection (c) becomes delinquent at  midnight  of
the  date  that  it  is  due.  Failure  to  make a payment as
required by this Section shall result in the imposition of  a
late payment penalty, an underestimation penalty, or both, as
provided  by this subsection.  The late payment penalty shall
be the greater of:
         (1)  $25 for each month or portion of a  month  that
    the installment or required payment is unpaid or
         (2)  an  amount equal to the difference between what
    should have been paid on the due  date,  based  upon  the
    most recently filed estimate, and what was actually paid,
    times  1%,  for each month or portion of a month that the
    installment  or  required  payment  goes  unpaid.    This
    penalty  may  be  assessed  as soon as the installment or
    required payment becomes delinquent.
    The underestimation penalty shall apply to  those  public
utilities  subject  to  paragraph  (1)  of subsection (d) and
shall be calculated after the filing of the  amended  return.
It shall be imposed if the amount actually paid on any of the
dates  specified  in  subsection (f) is not equal to at least
one-fourth of the amount actually due for the year, and shall
equal the greater of:
         (1)  $25 for each month or portion of a  month  that
    the amount due is unpaid or
         (2)  an  amount equal to the difference between what
    should have been paid, based on the amended  return,  and
    what  was  actually  paid  as  of  the  date specified in
    subsection (f), times a percentage equal to 1/12  of  the
    sum  of  10% and the percentage most recently established
    by the Commission for interest to  be  paid  on  customer
    deposits  under  83 Ill. Adm. Code 280.70(e)(1), for each
    month or portion of a month  that  the  amount  due  goes
    unpaid,  except  that no underestimation penalty shall be
    assessed if the amount actually paid on each of the dates
    specified in subsection (f) was based on an  estimate  of
    gross  revenues  at  least  equal  to  the  actual  gross
    revenues  for  the  previous  year.  The  Commission  may
    enforce  the  collection of any delinquent installment or
    payment, or portion thereof by legal  action  or  in  any
    other  manner  by  which  the collection of debts due the
    State of Illinois may be enforced under the laws of  this
    State.  The executive director or his designee may excuse
    the payment of an assessed penalty if he determines  that
    enforced collection of the penalty would be unjust.
    (h)  All  sums  collected  by  the  Commission  under the
provisions of this Section shall be paid promptly  after  the
receipt  of  the  same,  accompanied  by a detailed statement
thereof, into the Public Utility Fund in the State treasury.
    (i)  During the month of  October  of  each  odd-numbered
year the Commission shall:
         (1)  determine the amount of all moneys deposited in
    the  Public  Utility  Fund  during  the  preceding fiscal
    biennium plus the balance, if any, in that  fund  at  the
    beginning of that biennium;
         (2)  determine the sum total of the following items:
    (A)    all   moneys   expended   or   obligated   against
    appropriations made from the Public Utility  Fund  during
    the  preceding  fiscal  biennium, plus (B) the sum of the
    credit memoranda  then  outstanding  against  the  Public
    Utility Fund, if any; and
         (3)  determine  the amount, if any, by which the sum
    determined as provided in item  (1)  exceeds  the  amount
    determined as provided in item (2).
    If  the amount determined as provided in item (3) of this
subsection  exceeds  $5,000,000  $2,500,000,  the  Commission
shall then compute the proportionate amount,  if  any,  which
(x)  the  tax  paid  hereunder  by  each  utility  during the
preceding biennium, and (y) the amount paid into  the  Public
Utility  Fund during the preceding biennium by the Department
of  Revenue  pursuant  to  Sections  2-9  and  2-11  of   the
Electricity  Excise  Tax Law, bears to the difference between
the amount  determined  as  provided  in  item  (3)  of  this
subsection  (i)  and  $5,000,000  $2,500,000.  The Commission
shall cause the proportionate amount determined with  respect
to  payments  made under the Electricity Excise Tax Law to be
transferred into  the  General  Revenue  Fund  in  the  State
Treasury,  and  notify  each  public utility that it may file
during the 3 month period after the date  of  notification  a
claim for credit for the proportionate amount determined with
respect to payments made hereunder by the public utility.  If
the  proportionate  amount  is less than $10, no notification
will be sent by the Commission,  and  no  right  to  a  claim
exists  as  to  that  amount.  Upon the filing of a claim for
credit within the period provided, the Commission shall issue
a credit memorandum in such amount to  such  public  utility.
Any  claim  for credit filed after the period provided for in
this Section is void.
    (j)  Credit memoranda issued pursuant to  subsection  (f)
and  credit  memoranda  issued  after notification and filing
pursuant to subsection (i) may be  applied  for  the  2  year
period  from the date of issuance, against the payment of any
amount due during  that  period  under  the  tax  imposed  by
subsection  (c),  or,  subject  to  reasonable  rule  of  the
Commission  including  requirement  of  notification,  may be
assigned to any other public utility  subject  to  regulation
under this Act. Any application of credit memoranda after the
period provided for in this Section is void.
    (k)  The  chairman  or executive director may make refund
of fees, taxes or other charges whenever he  shall  determine
that  the  person  or  public  utility will not be liable for
payment of such fees, taxes or charges  during  the  next  24
months  and  he  determines  that  the  issuance  of a credit
memorandum would be unjust.
(Source: P.A. 90-561, eff. 8-1-98; 90-562, 12-16-97;  90-655,
eff. 7-30-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 31, 2001.
    Approved June 11, 2001.
    Effective June 11, 2001.

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