Bill Text: IL HB2891 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the General Assembly Compensation Act. Provides that, for terms commencing on or after January 12, 2011, each member of the General Assembly shall receive compensation that is no more than 90% of the amount last set by the Compensation Review Board. Amends the Compensation Review Act. For fiscal year 2012 and each fiscal year thereafter, prohibits a cost of living adjustment for General Assembly members. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 12-2)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2891 Detail]

Download: Illinois-2011-HB2891-Amended.html

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Sen. Dan Kotowski

Filed: 1/3/2013

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AMENDMENT TO HOUSE BILL 2891
AMENDMENT NO. ______. Amend House Bill 2891, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"ARTICLE 1. SHORT TITLE; PURPOSE
Section 1-1. Short title. This Act may be cited as the
FY2013 Budget Implementation (Supplemental) Act.
Section 1-5. Purpose. It is the purpose of this Act to make
changes in State programs that are necessary to implement the
Governor's fiscal year 2013 budget recommendations.
ARTICLE 5. AMENDATORY PROVISIONS
Section 5-5. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section

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50-5 as follows:
(15 ILCS 20/50-5)
Sec. 50-5. Governor to submit State budget.
(a) The Governor shall, as soon as possible and not later
than the second Wednesday in March in 2010 (March 10, 2010),
the third Wednesday in February in 2011, the fourth Wednesday
in February in 2012 (February 22, 2012), the first Wednesday in
March in 2013 (March 6, 2013), and the third Wednesday in
February of each year thereafter, except as otherwise provided
in this Section, submit a State budget, embracing therein the
amounts recommended by the Governor to be appropriated to the
respective departments, offices, and institutions, and for all
other public purposes, the estimated revenues from taxation,
and the estimated revenues from sources other than taxation.
Except with respect to the capital development provisions of
the State budget, beginning with the revenue estimates prepared
for fiscal year 2012, revenue estimates shall be based solely
on: (i) revenue sources (including non-income resources),
rates, and levels that exist as of the date of the submission
of the State budget for the fiscal year and (ii) revenue
sources (including non-income resources), rates, and levels
that have been passed by the General Assembly as of the date of
the submission of the State budget for the fiscal year and that
are authorized to take effect in that fiscal year. Except with
respect to the capital development provisions of the State

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budget, the Governor shall determine available revenue, deduct
the cost of essential government services, including, but not
limited to, pension payments and debt service, and assign a
percentage of the remaining revenue to each statewide
prioritized goal, as established in Section 50-25 of this Law,
taking into consideration the proposed goals set forth in the
report of the Commission established under that Section. The
Governor shall also demonstrate how spending priorities for the
fiscal year fulfill those statewide goals. The amounts
recommended by the Governor for appropriation to the respective
departments, offices and institutions shall be formulated
according to each department's, office's, and institution's
ability to effectively deliver services that meet the
established statewide goals. The amounts relating to
particular functions and activities shall be further
formulated in accordance with the object classification
specified in Section 13 of the State Finance Act. In addition,
the amounts recommended by the Governor for appropriation shall
take into account each State agency's effectiveness in
achieving its prioritized goals for the previous fiscal year,
as set forth in Section 50-25 of this Law, giving priority to
agencies and programs that have demonstrated a focus on the
prevention of waste and the maximum yield from resources.
Beginning in fiscal year 2011, the Governor shall
distribute written quarterly financial reports on operating
funds, which may include general, State, or federal funds and

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may include funds related to agencies that have significant
impacts on State operations, and budget statements on all
appropriated funds to the General Assembly and the State
Comptroller. The reports shall be submitted no later than 45
days after the last day of each quarter of the fiscal year and
shall be posted on the Governor's Office of Management and
Budget's website on the same day. The reports shall be prepared
and presented for each State agency and on a statewide level in
an executive summary format that may include, for the fiscal
year to date, individual itemizations for each significant
revenue type as well as itemizations of expenditures and
obligations, by agency, with an appropriate level of detail.
The reports shall include a calculation of the actual total
budget surplus or deficit for the fiscal year to date. The
Governor shall also present periodic budget addresses
throughout the fiscal year at the invitation of the General
Assembly.
The Governor shall not propose expenditures and the General
Assembly shall not enact appropriations that exceed the
resources estimated to be available, as provided in this
Section. Appropriations may be adjusted during the fiscal year
by means of one or more supplemental appropriation bills if any
State agency either fails to meet or exceeds the goals set
forth in Section 50-25 of this Law.
For the purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State budget for the following funds

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shall be prepared on the basis of revenue and expenditure
measurement concepts that are in concert with generally
accepted accounting principles for governments:
(1) General Revenue Fund.
(2) Common School Fund.
(3) Educational Assistance Fund.
(4) Road Fund.
(5) Motor Fuel Tax Fund.
(6) Agricultural Premium Fund.
These funds shall be known as the "budgeted funds". The
revenue estimates used in the State budget for the budgeted
funds shall include the estimated beginning fund balance, plus
revenues estimated to be received during the budgeted year,
plus the estimated receipts due the State as of June 30 of the
budgeted year that are expected to be collected during the
lapse period following the budgeted year, minus the receipts
collected during the first 2 months of the budgeted year that
became due to the State in the year before the budgeted year.
Revenues shall also include estimated federal reimbursements
associated with the recognition of Section 25 of the State
Finance Act liabilities. For any budgeted fund for which
current year revenues are anticipated to exceed expenditures,
the surplus shall be considered to be a resource available for
expenditure in the budgeted fiscal year.
Expenditure estimates for the budgeted funds included in
the State budget shall include the costs to be incurred by the

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State for the budgeted year, to be paid in the next fiscal
year, excluding costs paid in the budgeted year which were
carried over from the prior year, where the payment is
authorized by Section 25 of the State Finance Act. For any
budgeted fund for which expenditures are expected to exceed
revenues in the current fiscal year, the deficit shall be
considered as a use of funds in the budgeted fiscal year.
Revenues and expenditures shall also include transfers
between funds that are based on revenues received or costs
incurred during the budget year.
Appropriations for expenditures shall also include all
anticipated statutory continuing appropriation obligations
that are expected to be incurred during the budgeted fiscal
year.
By March 15 of each year, the Commission on Government
Forecasting and Accountability shall prepare revenue and fund
transfer estimates in accordance with the requirements of this
Section and report those estimates to the General Assembly and
the Governor.
For all funds other than the budgeted funds, the proposed
expenditures shall not exceed funds estimated to be available
for the fiscal year as shown in the budget. Appropriation for a
fiscal year shall not exceed funds estimated by the General
Assembly to be available during that year.
(b) By February 24, 2010, the Governor must file a written
report with the Secretary of the Senate and the Clerk of the

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House of Representatives containing the following:
(1) for fiscal year 2010, the revenues for all budgeted
funds, both actual to date and estimated for the full
fiscal year;
(2) for fiscal year 2010, the expenditures for all
budgeted funds, both actual to date and estimated for the
full fiscal year;
(3) for fiscal year 2011, the estimated revenues for
all budgeted funds, including without limitation the
affordable General Revenue Fund appropriations, for the
full fiscal year; and
(4) for fiscal year 2011, an estimate of the
anticipated liabilities for all budgeted funds, including
without limitation the affordable General Revenue Fund
appropriations, debt service on bonds issued, and the
State's contributions to the pension systems, for the full
fiscal year.
Between July 1 and August 31 of each fiscal year, the
members of the General Assembly and members of the public may
make written budget recommendations to the Governor.
Beginning with budgets prepared for fiscal year 2013, the
budgets submitted by the Governor and appropriations made by
the General Assembly for all executive branch State agencies
must adhere to a method of budgeting where each priority must
be justified each year according to merit rather than according
to the amount appropriated for the preceding year.

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(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
96-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff.
1-13-12; 97-813, eff. 7-13-12.)
Section 5-15. The State Finance Act is amended by changing
Section 6z-81 and by adding Sections 5i and 5j as follows:
(30 ILCS 105/5i new)
Sec. 5i. Transfers. Each year, the Governor's Office of
Management and Budget shall, at the time set forth for the
submission of the State budget under Section 50-5 of the State
Budget Law, provide to the Chairman and the Minority
Spokesperson of each of the appropriations committees of the
House of Representatives and the Senate a report of (i) all
full fiscal year transfers from the General Revenue Fund to any
other special fund of the State in the previous fiscal year and
during the current fiscal year to date, and (ii) all projected
full fiscal year transfers from the General Revenue Fund to
those funds for the remainder of the current fiscal year and
the next fiscal year, based on estimates prepared by the
Governor's Office of Management and Budget. The report shall
include a detailed summary of the estimates upon which the
projected transfers are based. The report shall also indicate,
for each transfer:
(1) whether or not there is statutory authority for the

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transfer;
(2) if there is statutory authority for the transfer,
whether that statutory authority exists for the next fiscal
year; and
(3) whether there is debt service associated with the
transfer.
The General Assembly shall consider the report in the
appropriations process.
(30 ILCS 105/5j new)
Sec. 5j. Transfers to the Illinois State Medical
Disciplinary Fund. Notwithstanding any other provision of law,
for Fiscal Year 2013 only and as soon as practicable after the
effective date of this amendatory Act of the 97th General
Assembly, the State Comptroller shall order and the State
Treasurer shall transfer to the Illinois State Medical
Disciplinary Fund from the cash balances in special funds that
receive revenues from the fees and fines associated with the
licensing of regulated professions, trades, occupations, and
industries by the Department of Financial and Professional
Regulation a specific amount that shall be determined by the
Secretary of the Department of Financial and Professional
Regulation. The total amount transferred under this Section
shall not exceed $9,600,000.
(30 ILCS 105/6z-81)

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Sec. 6z-81. Healthcare Provider Relief Fund.
(a) There is created in the State treasury a special fund
to be known as the Healthcare Provider Relief Fund.
(b) The Fund is created for the purpose of receiving and
disbursing moneys in accordance with this Section.
Disbursements from the Fund shall be made only as follows:
(1) Subject to appropriation, for payment by the
Department of Healthcare and Family Services or by the
Department of Human Services of medical bills and related
expenses, including administrative expenses, for which the
State is responsible under Titles XIX and XXI of the Social
Security Act, the Illinois Public Aid Code, the Children's
Health Insurance Program Act, the Covering ALL KIDS Health
Insurance Act, and the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act.
(2) For repayment of funds borrowed from other State
funds or from outside sources, including interest thereon.
(c) The Fund shall consist of the following:
(1) Moneys received by the State from short-term
borrowing pursuant to the Short Term Borrowing Act on or
after the effective date of this amendatory Act of the 96th
General Assembly.
(2) All federal matching funds received by the Illinois
Department of Healthcare and Family Services as a result of
expenditures made by the Department that are attributable
to moneys deposited in the Fund.

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(3) All federal matching funds received by the Illinois
Department of Healthcare and Family Services as a result of
federal approval of Title XIX State plan amendment
transmittal number 07-09.
(4) All other moneys received for the Fund from any
other source, including interest earned thereon.
(d) In addition to any other transfers that may be provided
for by law, on the effective date of this amendatory Act of the
97th General Assembly, or as soon thereafter as practical, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $365,000,000 from the General Revenue Fund
into the Healthcare Provider Relief Fund.
(e) In addition to any other transfers that may be provided
for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $160,000,000 from the
General Revenue Fund to the Healthcare Provider Relief Fund.
(f) Notwithstanding any other State law to the contrary,
and in addition to any other transfers that may be provided for
by law, the State Comptroller shall order transferred and the
State Treasurer shall transfer $500,000,000 to the Healthcare
Provider Relief Fund from the General Revenue Fund in equal
monthly installments of $100,000,000, with the first transfer
to be made on July 1, 2012, or as soon thereafter as practical,
and with each of the remaining transfers to be made on August
1, 2012, September 1, 2012, October 1, 2012, and November 1,

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2012, or as soon thereafter as practical. This transfer may
assist the Department of Healthcare and Family Services in
improving Medical Assistance bill processing timeframes or in
meeting the possible requirements of Senate Bill 3397, or other
similar legislation, of the 97th General Assembly should it
become law.
(g) Notwithstanding any other State law to the contrary,
and in addition to any other transfers that may be provided for
by law, the State Comptroller shall order transferred and the
State Treasurer shall transfer $151,000,000 to the Healthcare
Provider Relief Fund from the General Revenue Fund in equal
monthly installments of $37,750,000, with the first transfer to
be made 30 days after the effective date of this amendatory Act
of the 97th General Assembly, or as soon thereafter as
practical, and with each of the remaining transfers to be made
60, 90, and 120 days after the effective date of this
amendatory Act of the 97th General Assembly, or as soon
thereafter as practical.
(Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11;
97-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff.
6-14-12; 97-732, eff. 6-30-12; revised 7-10-12.)
ARTICLE 10. BOARDS AND COMMISSIONS
Section 10-5. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is

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amended by changing Section 605-345 as follows:
(20 ILCS 605/605-345) (was 20 ILCS 605/46.67)
Sec. 605-345. Pollution control industry incentives.
Subject to appropriation, the The Department shall examine
policies and incentives that will attract industries involved
in the design, development, and construction of pollution
control devices and shall implement those policies and
incentives that the Department determines will attract those
businesses.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 605/605-75 rep.)
Section 10-10. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by repealing Section 605-75.
Section 10-15. The Energy Conservation and Coal
Development Act is amended by changing Section 3 as follows:
(20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
Sec. 3. Powers and Duties.
(a) In addition to its other powers, the Department has the
following powers:
(1) To administer for the State any energy programs and
activities under federal law, regulations or guidelines,

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and to coordinate such programs and activities with other
State agencies, units of local government, and educational
institutions.
(2) To represent the State in energy matters involving
the federal government, other states, units of local
government, and regional agencies.
(3) To prepare energy contingency plans for
consideration by the Governor and the General Assembly.
Such plans shall include procedures for determining when a
foreseeable danger exists of energy shortages, including
shortages of petroleum, coal, nuclear power, natural gas,
and other forms of energy, and shall specify the actions to
be taken to minimize hardship and maintain the general
welfare during such energy shortages.
(4) To cooperate with State colleges and universities
and their governing boards in energy programs and
activities.
(5) (Blank).
(6) To accept, receive, expend, and administer,
including by contracts and grants to other State agencies,
any energy-related gifts, grants, cooperative agreement
funds, and other funds made available to the Department by
the federal government and other public and private
sources.
(7) To investigate practical problems, seek and
utilize financial assistance, implement studies and

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conduct research relating to the production, distribution
and use of alcohol fuels.
(8) To serve as a clearinghouse for information on
alcohol production technology; provide assistance,
information and data relating to the production and use of
alcohol; develop informational packets and brochures, and
hold public seminars to encourage the development and
utilization of the best available technology.
(9) To coordinate with other State agencies in order to
promote the maximum flow of information and to avoid
unnecessary overlapping of alcohol fuel programs. In order
to effectuate this goal, the Director of the Department or
his representative shall consult with the Directors, or
their representatives, of the Departments of Agriculture,
Central Management Services, Transportation, and Revenue,
the Office of the State Fire Marshal, and the Environmental
Protection Agency.
(10) To operate, within the Department, an Office of
Coal Development and Marketing for the promotion and
marketing of Illinois coal both domestically and
internationally. The Department may use monies
appropriated for this purpose for necessary administrative
expenses.
The Office of Coal Development and Marketing shall
develop and implement an initiative to assist the coal
industry in Illinois to increase its share of the

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international coal market.
(11) To assist the Department of Central Management
Services in establishing and maintaining a system to
analyze and report energy consumption of facilities leased
by the Department of Central Management Services.
(12) To consult with the Departments of Natural
Resources and Transportation and the Illinois
Environmental Protection Agency for the purpose of
developing methods and standards that encourage the
utilization of coal combustion by-products as value added
products in productive and benign applications.
(13) To provide technical assistance and information
to sellers and distributors of storage hot water heaters
doing business in Illinois, pursuant to Section 1 of the
Hot Water Heater Efficiency Act.
(b) (Blank).
(c) (Blank).
(d) The Department shall develop a package of educational
materials regarding the necessity of waste reduction and
recycling to reduce dependence on landfills and to maintain
environmental quality. The materials developed shall be
suitable for instructional use in grades 3, 4 and 5. The
Department shall distribute such instructional material to all
public elementary and unit school districts no later than
November 1, of each year.
(e) (Blank). The Department shall study the feasibility of

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requiring that wood and sawdust from construction waste,
demolition projects, sawmills, or other projects or industries
where wood is used in a large amount be shredded and composted,
and that such wood be prohibited from being disposed of in a
landfill. The Department shall report the results of this study
to the General Assembly by January 1, 1991.
(f) (Blank).
(g) The Department shall develop a program designated to
encourage the recycling of outdated telephone directories and
to encourage the printing of new directories on recycled paper.
The Department shall work in conjunction with printers and
distributors of telephone directories distributed in the State
to provide them with any technical assistance available in
their efforts to procure appropriate recycled paper. The
Department shall also encourage directory distributors to pick
up outdated directories as they distribute new ones, and shall
assist any distributor who is willing to do so in finding a
recycler willing to purchase the old directories and in
publicizing and promoting with citizens of the area the
distributor's collection efforts and schedules.
(h) (Blank). The Department shall assist, cooperate with
and provide necessary staff and resources for the Interagency
Energy Conservation Committee, which shall be chaired by the
Director of the Department.
(i) (Blank).
(Source: P.A. 92-736, eff. 7-25-02.)

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Section 10-17. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-367 as follows:
(20 ILCS 2310/2310-367)
Sec. 2310-367. Health Data Task Force; purpose;
implementation plan.
(a) In accordance with the recommendations of the 2007
State Health Improvement Plan, it is the policy of the State
that, to the extent possible and consistent with privacy and
other laws, State public health data and health-related
administrative data are to be used to understand and report on
the scope of health problems, plan prevention programs, and
evaluate program effectiveness at the State and community
level. It is a priority to use data to address racial, ethnic,
and other health disparities. This system is intended to
support State and community level public health planning, and
is not intended to supplant or replace data-use agreements
between State agencies and academic researchers for more
specific research needs.
(b) (Blank). Within 30 days after August 24, 2007 (the
effective date of Public Act 95-418), a Health Data Task Force
shall be convened to create a system for public access to
integrated health data. The Task Force shall consist of the
following: the Director of Public Health or his or her

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designee; the Director of Healthcare and Family Services or his
or her designee; the Secretary of Human Services or his or her
designee; the Director of the Department on Aging or his or her
designee; the Director of Children and Family Services or his
or her designee; the State Superintendent of Education or his
or her designee; and other State officials as deemed
appropriate by the Governor.
The Task Force shall be advised by a public advisory group
consisting of community health data users, minority health
advocates, local public health departments, and private data
suppliers such as hospitals and other health care providers.
Each member of the Task Force shall appoint 3 members of the
public advisory group. The public advisory group shall assist
the Task Force in setting goals, articulating user needs, and
setting priorities for action.
The Department of Public Health is primarily responsible
for providing staff and administrative support to the Task
Force. The other State agencies represented on the Task Force
shall work cooperatively with the Department of Public Health
to provide administrative support to the Task Force. The
Department of Public Health shall have ongoing responsibility
for monitoring the implementation of the plan and shall have
ongoing responsibility to identify new or emerging data or
technology needs.
The State agencies represented on the Task Force shall
review their health data, data collection, and dissemination

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policies for opportunities to coordinate and integrate data and
make data available within and outside State government in
support of this State policy. To the extent possible, existing
data infrastructure shall be used to create this system of
public access to data. The Illinois Department of Health Care
and Family Services data warehouse and the Illinois Department
of Public Health IPLAN Data System may be the foundation of
this system.
(c) (Blank). The Task Force shall produce a plan with a
phased and prioritized implementation timetable focusing on
assuring access to improving the quality of data necessary to
understand health disparities. The Task Force shall submit an
initial report to the General Assembly no later than July 1,
2008, and shall make annual reports to the General Assembly on
or before July 1 of each year through 2011 of the progress
toward implementing the plan.
(Source: P.A. 97-813, eff. 7-13-12.)
(20 ILCS 2310/2310-372 rep.)
Section 10-20. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by repealing Section 2310-372.
Section 10-25. The State Finance Act is amended by changing
Sections 5h and 6z-17 as follows:

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(30 ILCS 105/5h)
Sec. 5h. Cash flow borrowing and general funds liquidity.
(a) In order to meet cash flow deficits and to maintain
liquidity in the General Revenue Fund, the Healthcare Provider
Relief Fund, and the Common School Fund, on and after July 1,
2010 and through June 30, 2011, the State Treasurer and the
State Comptroller shall make transfers to the General Revenue
Fund, the Healthcare Provider Relief Fund, or the Common School
Fund, as directed by the Governor, out of special funds of the
State, to the extent allowed by federal law. No transfer may be
made from a fund under this Section that would have the effect
of reducing the available balance in the fund to an amount less
than the amount remaining unexpended and unreserved from the
total appropriation from that fund estimated to be expended for
that fiscal year. No such transfer may reduce the cumulative
balance of all of the special funds of the State to an amount
less than the total debt service payable during the 12 months
immediately following the date of the transfer on any bonded
indebtedness of the State and any certificates issued under the
Short Term Borrowing Act. Notwithstanding any other provision
of this Section, no such transfer may be made from any special
fund that is exclusively collected by or appropriated to any
other constitutional officer without the written approval of
that constitutional officer.
(b) If moneys have been transferred to the General Revenue
Fund, the Healthcare Provider Relief Fund, or the Common School

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Fund pursuant to subsection (a) of this Section, this
amendatory Act of the 96th General Assembly shall constitute
the irrevocable and continuing authority for and direction to
the State Treasurer and State Comptroller to reimburse the
funds of origin from the General Revenue Fund, the Healthcare
Provider Relief Fund, or the Common School Fund, as
appropriate, by transferring to the funds of origin, at such
times and in such amounts as directed by the Governor when
necessary to support appropriated expenditures from the funds,
an amount equal to that transferred from them plus any interest
that would have accrued thereon had the transfer not occurred,
except that any moneys transferred pursuant to subsection (a)
of this Section shall be repaid to the fund of origin within 18
months after the date on which they were borrowed.
(c) On the first day of each quarterly period in each
fiscal year, until such time as a report indicates that all
moneys borrowed and interest pursuant to this Section have been
repaid, the Governor's Office of Management and Budget shall
provide to the President and the Minority Leader of the Senate,
the Speaker and the Minority Leader of the House of
Representatives, and the Commission on Government Forecasting
and Accountability a report on all transfers made pursuant to
this Section in the prior quarterly period. The report must be
provided in both written and electronic format. The report must
include all of the following:
(1) The date each transfer was made.

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(2) The amount of each transfer.
(3) In the case of a transfer from the General Revenue
Fund, the Healthcare Provider Relief Fund, or the Common
School Fund to a fund of origin pursuant to subsection (b)
of this Section, the amount of interest being paid to the
fund of origin.
(4) The end of day balance of both the fund of origin
and the General Revenue Fund, the Healthcare Provider
Relief Fund, or the Common School Fund, whichever the case
may be, on the date the transfer was made.
(Source: P.A. 96-958, eff. 7-1-10; 96-1500, eff. 1-18-11;
97-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective
date of P.A. 97-72).)
(30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
Sec. 6z-17. Of the money paid into the State and Local
Sales Tax Reform Fund: (i) subject to appropriation to the
Department of Revenue, Municipalities having 1,000,000 or more
inhabitants shall receive 20% and may expend such amount to
fund and establish a program for developing and coordinating
public and private resources targeted to meet the affordable
housing needs of low-income and very low-income households
within such municipality, (ii) 10% shall be transferred into
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund, a special fund in the State treasury which is
hereby created, (iii) until July 1, 2013, subject to

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appropriation to the Department of Transportation, the The
Madison County Mass Transit District shall receive .6%, and
beginning on July 1, 2013, subject to appropriation to the
Department of Revenue, 0.6% shall be distributed each month out
of the Fund to the Madison County Mass Transit District, (iv)
the following amounts, plus any cumulative deficiency in such
transfers for prior months, shall be transferred monthly into
the Build Illinois Fund and credited to the Build Illinois Bond
Account therein:
Fiscal Year Amount
1990 $2,700,000
1991 1,850,000
1992 2,750,000
1993 2,950,000
From Fiscal Year 1994 through Fiscal Year 2025 the transfer
shall total $3,150,000 monthly, plus any cumulative deficiency
in such transfers for prior months, and (v) the remainder of
the money paid into the State and Local Sales Tax Reform Fund
shall be transferred into the Local Government Distributive
Fund and, except for municipalities with 1,000,000 or more
inhabitants which shall receive no portion of such remainder,
shall be distributed, subject to appropriation, in the manner
provided by Section 2 of "An Act in relation to State revenue
sharing with local government entities", approved July 31,
1969, as now or hereafter amended. Municipalities with more
than 50,000 inhabitants according to the 1980 U.S. Census and

09700HB2891sam006 - 25 - LRB097 08743 HLH 73062 a
located within the Metro East Mass Transit District receiving
funds pursuant to provision (v) of this paragraph may expend
such amounts to fund and establish a program for developing and
coordinating public and private resources targeted to meet the
affordable housing needs of low-income and very low-income
households within such municipality.
(Source: P.A. 95-708, eff. 1-18-08.)
Section 10-27. The Federal Stimulus Tracking Act is amended
by changing Section 5 as follows:
(30 ILCS 270/5)
(Section scheduled to be repealed on January 1, 2015)
Sec. 5. Federal stimulus tracking.
(a) The Governor's Office, or a designated State agency,
shall track and report by means of a quarterly monthly report
the State's spending of the federal stimulus moneys provided
pursuant to the American Recovery and Reinvestment Act of 2009.
(b) Each quarterly monthly report shall list the amount of
the State's federal stimulus spending, by category, based on
available federal and State data. The reports may also list any
required matching funds required by the State to be eligible
for federal stimulus funding. The reports may make
recommendations (i) concerning ways for Illinois to maximize
its share of federal stimulus spending or (ii) suggesting
changes to Illinois law that could help to maximize its share

09700HB2891sam006 - 26 - LRB097 08743 HLH 73062 a
of federal stimulus spending. A final report compiling data
from the quarterly monthly reports shall be available online at
the conclusion of the American Recovery and Reinvestment Act
program or by December 31, 2014, whichever occurs first.
(c) The reports shall be available on a State of Illinois
website and filed with the Speaker and Minority Leader of the
House and the President and Minority Leader of the Senate.
(d) The General Assembly may by resolution request that
specific data, findings, or analyses be included in a monthly
report. The Commission on Government Forecasting and
Accountability shall provide the Governor's Office technical,
analytical, and substantive assistance in preparing the
requested data, findings, or analyses.
(e) This Act is repealed on January 1, 2015.
(Source: P.A. 96-169, eff. 8-10-09.)
Section 10-30. The General Obligation Bond Act is amended
by changing Section 11 as follows:
(30 ILCS 330/11) (from Ch. 127, par. 661)
Sec. 11. Sale of Bonds. Except as otherwise provided in
this Section, Bonds shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as is directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal

09700HB2891sam006 - 27 - LRB097 08743 HLH 73062 a
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year, shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; provided that all Bonds authorized by
Public Act 96-43 and this amendatory Act of the 96th General
Assembly shall not be included in determining compliance for
any fiscal year with the requirements of the preceding 2
sentences; and further provided that refunding Bonds
satisfying the requirements of Section 16 of this Act and sold
during fiscal year 2009, 2010, or 2011 shall not be subject to
the requirements in the preceding 2 sentences.
If any Bonds, including refunding Bonds, are to be sold by
negotiated sale, the Director of the Governor's Office of
Management and Budget shall comply with the competitive request
for proposal process set forth in the Illinois Procurement Code
and all other applicable requirements of that Code.
If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may shall, from time to time, as Bonds are to be
sold, advertise the sale of the Bonds in at least 2 daily
newspapers, one of which is published in the City of
Springfield and one in the City of Chicago. The sale of the
Bonds shall also be advertised in the volume of the Illinois

09700HB2891sam006 - 28 - LRB097 08743 HLH 73062 a
Procurement Bulletin that is published by the Department of
Central Management Services, and . Each of the advertisements
for proposals shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of such
change; provided, however, that all other conditions of the
sale shall continue as originally advertised.
Executed Bonds shall, upon payment therefor, be delivered
to the purchaser, and the proceeds of Bonds shall be paid into
the State Treasury as directed by Section 12 of this Act.
(Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09;
96-1497, eff. 1-14-11.)
Section 10-35. The Build Illinois Bond Act is amended by
changing Section 8 as follows:
(30 ILCS 425/8) (from Ch. 127, par. 2808)
Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
in this Section, shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as are directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold

09700HB2891sam006 - 29 - LRB097 08743 HLH 73062 a
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; and further provided that refunding
Bonds satisfying the requirements of Section 15 of this Act and
sold during fiscal year 2009, 2010, or 2011 shall not be
subject to the requirements in the preceding 2 sentences.
If any Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget shall comply with the competitive request for
proposal process set forth in the Illinois Procurement Code and
all other applicable requirements of that Code.
If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may shall, from time to time, as Bonds are to be
sold, advertise the sale of the Bonds in at least 2 daily
newspapers, one of which is published in the City of
Springfield and one in the City of Chicago. The sale of the
Bonds shall also be advertised in the volume of the Illinois
Procurement Bulletin that is published by the Department of
Central Management Services, and . Each of the advertisements
for proposals shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the

09700HB2891sam006 - 30 - LRB097 08743 HLH 73062 a
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of the
change; provided, however, that all other conditions of the
sale shall continue as originally advertised. Executed Bonds
shall, upon payment therefor, be delivered to the purchaser,
and the proceeds of Bonds shall be paid into the State Treasury
as directed by Section 9 of this Act. The Governor or the
Director of the Governor's Office of Management and Budget is
hereby authorized and directed to execute and deliver contracts
of sale with underwriters and to execute and deliver such
certificates, indentures, agreements and documents, including
any supplements or amendments thereto, and to take such actions
and do such things as shall be necessary or desirable to carry
out the purposes of this Act. Any action authorized or
permitted to be taken by the Director of the Governor's Office
of Management and Budget pursuant to this Act is hereby
authorized to be taken by any person specifically designated by
the Governor to take such action in a certificate signed by the
Governor and filed with the Secretary of State.
(Source: P.A. 96-18, eff. 6-26-09.)
Section 10-40. The Industrial Development Assistance Law
is amended by changing Section 3 as follows:
(30 ILCS 720/3) (from Ch. 85, par. 893)
Sec. 3. Definitions. "Department" means the Department of

09700HB2891sam006 - 31 - LRB097 08743 HLH 73062 a
Commerce and Economic Opportunity.
"Governing bodies" means, as to any county, municipality or
township, the body empowered to enact ordinances or to adopt
resolutions for the governance of such county, municipality or
township.
"Industrial development agency" means any nonprofit
corporation, organization, association or agency which shall
be designated by proper resolution of the governing body of any
county, concurred in by resolution of the governing bodies of
municipalities or townships within said county having in the
aggregate over 50% of the population of said county, as
determined by the last preceding decennial United States
Census, as the agency authorized to make application to and
receive grants, subject to appropriation, from the Department
of Commerce and Economic Opportunity for the purposes specified
in this Act. Any two or more counties may, by the procedures
provided in this Act, designate a single industrial development
agency to represent such counties for the purposes of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 10-45. The Build Illinois Act is amended by
changing Section 9-4.5 as follows:
(30 ILCS 750/9-4.5)
Sec. 9-4.5. Community economic development project.
(a) Subject to appropriation, the The Department shall

09700HB2891sam006 - 32 - LRB097 08743 HLH 73062 a
establish a comprehensive community economic development
project. The project shall provide technical assistance to 5
communities for the following purposes:
(1) To develop a comprehensive understanding of the
community.
(2) To plan for industrial retention and development.
(3) To establish an early warning network to warn of
potential business closings.
(4) To provide on-going technical assistance in areas
including, but not limited to, succession planning;
acquisition of companies by local entrepreneurs, with
special encouragement for minorities, women, and groups of
employees; job training; and technology improvement.
(b) Subject to appropriation, the The Department shall
select the communities that participate in the project through
a competitive process open to all communities in Illinois. For
purposes of this Section, "community" includes municipalities,
other units of local government, and neighborhoods and regions
within municipalities or other units of local government.
Community direction of the project and the capacity of the
community to fulfill project goals established by the
Department shall be prerequisites for participation. The
Department shall issue rules establishing the competitive
process.
(Source: P.A. 88-191; 88-670, eff. 12-2-94.)

09700HB2891sam006 - 33 - LRB097 08743 HLH 73062 a
(50 ILCS 330/5 rep.)
Section 10-50. The Illinois Municipal Budget Law is amended
by repealing Section 5.
(205 ILCS 5/12 rep.)
Section 10-55. The Illinois Banking Act is amended by
repealing Section 12.
(205 ILCS 205/8006 rep.)
Section 10-60. The Savings Bank Act is amended by repealing
Section 8006.
Section 10-65. The Sales Finance Agency Act is amended by
changing Section 13 as follows:
(205 ILCS 660/13) (from Ch. 17, par. 5231)
Sec. 13. Rules. The Department may make and enforce such
reasonable rules, regulations, directions, orders, decisions
and findings as the execution and enforcement of this Act
require, and as are not inconsistent therewith. In addition,
the Department may promulgate rules in connection with the
activities of licensees that are necessary and appropriate for
the protection of consumers in this State. All rules and
regulations shall be posted on the Department's website. Upon
the written request of a licensee, printed and copies thereof
shall be printed and mailed to the licensee all licensees.

09700HB2891sam006 - 34 - LRB097 08743 HLH 73062 a
(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
Section 10-70. The Consumer Installment Loan Act is amended
by changing Section 22 as follows:
(205 ILCS 670/22) (from Ch. 17, par. 5428)
Sec. 22. Rules and regulations. The Department may make and
enforce such reasonable rules, regulations, directions,
orders, decisions, and findings as the execution and
enforcement of the provisions of this Act require, and as are
not inconsistent therewith. In addition, the Department may
promulgate rules in connection with the activities of licensees
that are necessary and appropriate for the protection of
consumers in this State. All rules, regulations and directions
of a general character shall be posted on the Department's
website. Upon the written request of a licensee, printed and
copies thereof shall be printed and mailed to the licensee all
licensees.
(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
Section 10-75. The Illinois Chemical Safety Act is amended
by changing Section 3 as follows:
(430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
Sec. 3. Definitions. For the purposes of this Act:
"Agency" means the Illinois Environmental Protection

09700HB2891sam006 - 35 - LRB097 08743 HLH 73062 a
Agency.
"Business" means any individual, partnership, corporation,
or association in the State engaged in a business operation
that has 5 or more full-time employees, or 20 or more part-time
employees, and that is properly assigned or included within one
of the following Standard Industrial Classifications (SIC), as
designated in the Standard Industrial Classification Manual
prepared by the Federal Office of Management and Budget:
2295 Coated fabrics, not rubberized;
2491 Wood preserving;
2671 Packaging paper and plastics film, coated and
laminated;
2672 Coated and laminated paper, not elsewhere classified;
2812 Alkalies and chlorine;
2813 Industrial gases;
2819 Industrial inorganic chemicals, not elsewhere
classified;
2821 Plastic materials, synthetic resins, and
non-vulcanizable elastomers;
2834 Pharmaceutical preparations;
2842 Specialty cleaning, polishing and sanitation
preparations;
2851 Paints, varnishes, lacquers, enamels, and allied
products;
2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
dyes and organic pigments (lakes and toners);

09700HB2891sam006 - 36 - LRB097 08743 HLH 73062 a
2869 Industrial organic chemicals, not elsewhere
classified;
2873 Nitrogenous fertilizer;
2874 Phosphatic fertilizers;
2879 Pesticides and agricultural chemicals, not elsewhere
classified;
2891 Adhesives and sealants;
2892 Explosives;
2911 Petroleum refining;
2952 Asphalt felts and coatings;
2999 Products of petroleum and coal, not elsewhere
classified;
3081 Unsupported plastics, film and sheet;
3082 Unsupported plastics profile shapes;
3083 Laminated plastics plate, sheet and profile shapes;
3084 Plastic pipe;
3085 Plastic bottles;
3086 Plastic foam products;
3087 Custom compounding of purchased plastic resin;
3088 Plastic plumbing fixtures;
3089 Plastic products, not elsewhere classified;
3111 Leather tanning and finishing;
3339 Primary smelting and refining of nonferrous metals,
except copper and aluminum;
3432 Plumbing fixture fittings and trim;
3471 Electroplating, plating, polishing, anodizing and

09700HB2891sam006 - 37 - LRB097 08743 HLH 73062 a
coloring;
4953 Refuse systems;
5085 Industrial supplies;
5162 Plastic materials and basic forms and shapes;
5169 Chemicals and allied products, not elsewhere
classified;
5171 Petroleum bulk stations and terminals;
5172 Petroleum and petroleum products, wholesalers, except
bulk stations and terminals.
For the purposes of this Act, the SIC Code that a business
uses for determining its coverage under The Unemployment
Insurance Act shall be the SIC Code for determining the
applicability of this Act. On an annual basis, the Department
of Employment Security shall provide the IEMA with a list of
those regulated facilities covered by the above mentioned SIC
codes.
"Business" also means any facility not covered by the above
SIC codes that is subject to the provisions of Section 302 of
the federal Emergency Planning and Community Right-to-Know Act
of 1986 and that is found by the Agency to use, store, or
manufacture a chemical substance in a quantity that poses a
threat to the environment or public health. Such a
determination shall be based on an on-site inspection conducted
by the Agency and certified to the IEMA. The Agency shall also
conduct inspections at the request of IEMA or upon a written
request setting forth a justification to the IEMA from the

09700HB2891sam006 - 38 - LRB097 08743 HLH 73062 a
chairman of the local emergency planning committee upon
recommendation of the committee. The IEMA shall transmit a copy
of the request to the Agency. The Agency may, in the event of a
reportable release that occurs at any facility operated or
owned by a business not covered by the above SIC codes, conduct
inspections if the site hazard appears to warrant such action.
The above notwithstanding, any farm operation shall not be
considered as a facility subject to this definition.
Notwithstanding the above, for purposes of this Act,
"business" does not mean any facility for which the
requirements promulgated at Part 1910.119 of Title 29 of the
Code of Federal Regulations are applicable or which has
completed and submitted the plan required by Part 68 of Title
40 of the Code of Federal Regulations, provided that such
business conducts and documents in writing an assessment for
any instance where the Agency provides notice that a
significant release of a chemical substance has occurred at a
facility. Such assessment shall explain the nature, cause and
known effects of the release, any mitigating actions taken, and
preventive measures that can be employed to avoid a future
release. Such assessment shall be available at the facility for
review within 30 days after the Agency notifies the facility
that a significant release has occurred. The Agency may provide
written comments to the business following an on-site review of
an assessment.
"Chemical name" means the scientific designation of a

09700HB2891sam006 - 39 - LRB097 08743 HLH 73062 a
chemical in accordance with the nomenclature system developed
by the International Union of Pure and Applied Chemistry
(IUPAC) or the American Chemical Society's Chemical Abstracts
Service (CAS) rules of nomenclature, or a name that will
clearly identify the chemical for hazard evaluation purposes.
"Chemical substance" means any "extremely hazardous
substance" listed in Appendix A of 40 C.F.R. Part 355 that is
present at a facility in an amount in excess of its threshold
planning quantity, any "hazardous substance" listed in 40
C.F.R. Section 302.4 that is present at a facility in an amount
in excess of its reportable quantity or in excess of its
threshold planning quantity if it is also an "extremely
hazardous substance", and any petroleum including crude oil or
any fraction thereof that is present at a facility in an amount
exceeding 100 pounds unless it is specifically listed as a
"hazardous substance" or an "extremely hazardous substance".
"Chemical substance" does not mean any substance to the extent
it is used for personal, family, or household purposes or to
the extent it is present in the same form and concentration as
a product packaged for distribution to and use by the general
public.
"IEMA" means the Illinois Emergency Management Agency.
"Facility" means the buildings and all real property
contiguous thereto, and the equipment at a single location used
for the conduct of business.
"Local emergency planning committee" means the committee

09700HB2891sam006 - 40 - LRB097 08743 HLH 73062 a
that is appointed for an emergency planning district under the
provisions of Section 301 of the federal Emergency Planning and
Community Right-to-Know Act of 1986.
"Release" means any sudden spilling, leaking, pumping,
pouring, emitting, escaping, emptying, discharging, injecting,
leaching, dumping, or disposing into the environment beyond the
boundaries of a facility, but excludes the following:
(a) Any release that results in exposure to persons
solely within a workplace, with respect to a claim that
such persons may assert against their employer.
(b) Emissions from the engine exhaust of a motor
vehicle, rolling stock, aircraft, vessel, or pipeline
pumping station engine.
(c) Release of source, byproduct, or special nuclear
material from a nuclear incident, as those terms are
defined in the Atomic Energy Act of 1954, if the release is
subject to requirements with respect to financial
protection established by the Nuclear Regulatory
Commission under Section 170 of the Atomic Energy Act of
1954.
(d) The normal application of fertilizer.
"Significant release" means any release which is so
designated in writing by the Agency or the IEMA based upon an
inspection at the site of an emergency incident, or any release
which results in any evacuation, hospitalization, or
fatalities of the public.

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(Source: P.A. 97-333, eff. 8-12-11.)
(625 ILCS 5/15-115 rep.)
Section 10-80. The Illinois Vehicle Code is amended by
repealing Section 15-115.
Section 10-85. The Payday Loan Reform Act is amended by
changing Section 4-30 as follows:
(815 ILCS 122/4-30)
Sec. 4-30. Rulemaking; industry review.
(a) The Department may make and enforce such reasonable
rules, regulations, directions, orders, decisions, and
findings as the execution and enforcement of the provisions of
this Act require, and as are not inconsistent therewith. All
rules, regulations, and directions of a general character shall
be posted on the Department's website. Upon the written request
of a licensee, printed and copies thereof shall be printed and
mailed to the licensee all licensees.
(b) Within 6 months after the effective date of this Act,
the Department shall promulgate reasonable rules regarding the
issuance of payday loans by banks, savings banks, savings and
loan associations, credit unions, and insurance companies.
These rules shall be consistent with this Act and shall be
limited in scope to the actual products and services offered by
lenders governed by this Act.

09700HB2891sam006 - 42 - LRB097 08743 HLH 73062 a
(c) After the effective date of this Act, the Department
shall, over a 3-year period, conduct a study of the payday loan
industry to determine the impact and effectiveness of this Act.
The Department shall report its findings to the General
Assembly within 3 months of the third anniversary of the
effective date of this Act. The study shall determine the
effect of this Act on the protection of consumers in this State
and on the fair and reasonable regulation of the payday loan
industry. The study shall include, but shall not be limited to,
an analysis of the ability of the industry to use private
reporting tools that:
(1) ensure substantial compliance with this Act,
including real time reporting of outstanding payday loans;
and
(2) provide data to the Department in an appropriate
form and with appropriate content to allow the Department
to adequately monitor the industry.
The report of the Department shall, if necessary, identify
and recommend specific amendments to this Act to further
protect consumers and to guarantee fair and reasonable
regulation of the payday loan industry.
(Source: P.A. 94-13, eff. 12-6-05.)
ARTICLE 99. EFFECTIVE DATE
Section 99-99. Effective date. This Act takes effect upon

09700HB2891sam006 - 43 - LRB097 08743 HLH 73062 a
becoming law.".