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| | SB1606 Engrossed | | LRB100 11198 RPS 21501 b |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Department of Innovation and Technology Act.
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6 | | Section 5. Definitions. In this Act: |
7 | | "Bureau of Communications and Computer Services" means the |
8 | | Bureau of Communications and Computer Services, also known as |
9 | | the Bureau of Information and Communication Services, created |
10 | | by rule (2 Illinois Administrative Code 750.40) within the |
11 | | Department of Central Management Services. |
12 | | "Client agency" means each transferring agency, or its |
13 | | successor. "Client agency" also includes each other public |
14 | | agency to which the Department provides service. |
15 | | "Dedicated unit" means the dedicated bureau, division, |
16 | | office, or other unit within a transferring agency that is |
17 | | responsible for the information technology functions of the |
18 | | transferring agency. For the Office of the Governor, "dedicated |
19 | | unit" means the Information Technology Office, also known as |
20 | | the Office of the Chief Information Officer. For the Department |
21 | | of Central Management Services, "dedicated unit" means the |
22 | | Bureau of Communications and Computer Services, also known as |
23 | | the Bureau of Information and Communication Services. |
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1 | | "Department" means the Department of Innovation and |
2 | | Technology. |
3 | | "Information technology" means technology, infrastructure, |
4 | | equipment, systems, software, networks, and processes used to |
5 | | create, send, receive, and store electronic or digital |
6 | | information, including, without limitation, computer systems |
7 | | and telecommunication services and systems. "Information |
8 | | technology" shall be construed broadly to incorporate future |
9 | | technologies (such as sensors) that change or supplant those in |
10 | | effect as of the effective date of this Act. |
11 | | "Information technology functions" means the development, |
12 | | procurement, installation, retention, maintenance, operation, |
13 | | possession, storage, and related functions of all information |
14 | | technology. |
15 | | "Information Technology Office" means the Information |
16 | | Technology Office, also known as the Office of the Chief |
17 | | Information Officer, within the Office of the Governor, created |
18 | | by Executive Order 1999-05, or its successor. |
19 | | "Legacy information technology division" means any |
20 | | division, bureau, or other unit of a transferring agency which |
21 | | has responsibility for information technology functions for |
22 | | the agency prior to the transfer of those functions to the |
23 | | Department, including, without limitation, the Bureau of |
24 | | Communications and Computer Services. |
25 | | "Secretary" means the Secretary of Innovation and |
26 | | Technology. |
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1 | | "State agency" means each State agency, department, board, |
2 | | and commission directly responsible to the Governor. |
3 | | "Transferring agency" means the Department on Aging; the |
4 | | Departments of Agriculture, Central Management Services, |
5 | | Children and Family Services, Commerce and Economic |
6 | | Opportunity, Corrections, Employment Security, Financial and |
7 | | Professional Regulation, Healthcare and Family Services, Human |
8 | | Rights, Human Services, Insurance, Juvenile Justice, Labor, |
9 | | Lottery, Military Affairs, Natural Resources, Public Health, |
10 | | Revenue, State Police, Transportation, and Veterans' Affairs; |
11 | | the Capital Development Board; the Deaf and Hard of Hearing |
12 | | Commission; the Environmental Protection Agency; the |
13 | | Governor's Office of Management and Budget; the Guardianship |
14 | | and Advocacy Commission; the Historic Preservation Agency; the |
15 | | Illinois Arts Council; the Illinois Council on Developmental |
16 | | Disabilities; the Illinois Emergency Management Agency; the |
17 | | Illinois Gaming Board; the Illinois Health Information |
18 | | Exchange Authority; the Illinois Liquor Control Commission; |
19 | | the Illinois Student Assistance Commission; the Illinois |
20 | | Technology Office; the Office of the State Fire Marshal; and |
21 | | the Prisoner Review Board.
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22 | | Section 10. Transfer of functions. On and after March 25, |
23 | | 2016 (the effective date of Executive Order 2016-001): |
24 | | (a) For each transferring agency, the dedicated unit or |
25 | | units within that agency responsible for information |
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1 | | technology functions together with those information |
2 | | technology functions outside of the dedicated unit or units |
3 | | within a transferring agency to which this Act applies shall be |
4 | | designated by the Governor. |
5 | | (b) All powers, duties, rights, and responsibilities of |
6 | | those dedicated units and information technology functions |
7 | | designated by the Governor are transferred to the Department of |
8 | | Innovation and Technology. |
9 | | (c) The personnel of each transferring agency designated by |
10 | | the Governor are transferred to the Department of Innovation |
11 | | and Technology. The status and rights of the employees and the |
12 | | State of Illinois or its transferring agencies under the |
13 | | Personnel Code, the Illinois Public Labor Relations Act, and |
14 | | applicable collective bargaining agreements or under any |
15 | | pension, retirement, or annuity plan shall not be affected by |
16 | | this Act. Under the direction of the Governor, the Secretary, |
17 | | in consultation with the transferring agencies and labor |
18 | | organizations representing the affected employees, shall |
19 | | identify each position and employee who is engaged in the |
20 | | performance of functions transferred to the Department, or |
21 | | engaged in the administration of a law the administration of |
22 | | which is transferred to the Department, to be transferred to |
23 | | the Department. An employee engaged primarily in providing |
24 | | administrative support to a legacy information technology |
25 | | division or information technology personnel may be considered |
26 | | engaged in the performance of functions transferred to the |
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1 | | Department. |
2 | | (d) All books, records, papers, documents, property (real |
3 | | and personal), contracts, causes of action, and pending |
4 | | business pertaining to the powers, duties, rights, and |
5 | | responsibilities relating to dedicated units and information |
6 | | technology functions transferred under this Act to the |
7 | | Department of Innovation and Technology, including, but not |
8 | | limited to, material in electronic or magnetic format and |
9 | | necessary computer hardware and software, shall be transferred |
10 | | to the Department of Innovation and Technology. |
11 | | (e) All unexpended appropriations and balances and other |
12 | | funds available for use relating to dedicated units and |
13 | | information technology functions transferred under this Act |
14 | | shall be transferred for use by the Department of Innovation |
15 | | and Technology at the direction of the Governor. Unexpended |
16 | | balances so transferred shall be expended only for the purpose |
17 | | for which the appropriations were originally made. |
18 | | (f) The powers, duties, rights, and responsibilities |
19 | | relating to dedicated units and information technology |
20 | | functions transferred by this Act shall be vested in and shall |
21 | | be exercised by the Department of Innovation and Technology. |
22 | | (g) Whenever reports or notices are now required to be made |
23 | | or given or papers or documents furnished or served by any |
24 | | person to or upon each dedicated unit in connection with any of |
25 | | the powers, duties, rights, and responsibilities relating to |
26 | | information technology functions transferred by this Act, the |
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1 | | same shall be made, given, furnished, or served in the same |
2 | | manner to or upon the Department of Innovation and Technology. |
3 | | (h) This Act does not affect any act done, ratified, or |
4 | | cancelled or any right occurring or established or any action |
5 | | or proceeding had or commenced in an administrative, civil, or |
6 | | criminal cause by each dedicated unit relating to information |
7 | | technology functions before the transfer of responsibilities |
8 | | under this Act; such actions or proceedings may be prosecuted |
9 | | and continued by the Department of Innovation and Technology. |
10 | | (i) Any rules of a dedicated unit or a transferring agency |
11 | | that relate to the powers, duties, rights, and responsibilities |
12 | | relating to the dedicated unit or to information technology |
13 | | functions and are in full force on the effective date of this |
14 | | Act shall become the rules of the Department of Innovation and |
15 | | Technology. This Act does not affect the legality of any such |
16 | | rules in the Illinois Administrative Code. |
17 | | (j) Any proposed rules filed with the Secretary of State by |
18 | | the dedicated unit or the transferring agency that are pending |
19 | | in the rulemaking process on March 25, 2016 (the effective date |
20 | | of Executive Order 2016-001) and that pertain to the powers, |
21 | | duties, rights, and responsibilities of the dedicated unit or |
22 | | the information technology functions transferred, shall be |
23 | | deemed to have been filed by the Department of Innovation and |
24 | | Technology. As soon as practicable, the Department of |
25 | | Innovation and Technology shall revise and clarify the rules |
26 | | transferred to it under this Act to reflect the reorganization |
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1 | | of powers, duties, rights, and responsibilities relating to |
2 | | information technology functions affected by this Act, using |
3 | | the procedures for recodification of rules available under the |
4 | | Illinois Administrative Procedure Act, except that existing |
5 | | title, part, and section numbering for the affected rules may |
6 | | be retained. The Department of Innovation and Technology may |
7 | | propose and adopt under the Illinois Administrative Procedure |
8 | | Act such other rules of each dedicated unit or transferring |
9 | | agency that will now be administered by the Department of |
10 | | Innovation and Technology.
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11 | | Section 15. Powers and duties. The Department shall promote |
12 | | best-in-class innovation and technology to client agencies to |
13 | | foster collaboration among client agencies, empower client |
14 | | agencies to provide better service to residents of Illinois, |
15 | | and maximize the value of taxpayer resources. The Department |
16 | | shall be responsible for information technology functions on |
17 | | behalf of client agencies. |
18 | | The Department shall provide for and coordinate |
19 | | information technology for State agencies and, when requested |
20 | | and when in the best interests of the State, for State |
21 | | constitutional offices, units of federal or local governments, |
22 | | and public and not-for-profit institutions of primary, |
23 | | secondary, and higher education, or other parties not |
24 | | associated with State government. The Department shall |
25 | | establish charges for information technology for State |
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1 | | agencies and, when requested, for State constitutional |
2 | | offices, units of federal or local government, and public and |
3 | | not-for-profit institutions of primary, secondary, or higher |
4 | | education and for use by other parties not associated with |
5 | | State government. Entities charged for these services shall |
6 | | make payment to the Department. The Department may instruct all |
7 | | State agencies to report their usage of information technology |
8 | | regularly to the Department in the manner the Secretary may |
9 | | prescribe. |
10 | | The Department and each public agency shall continue to |
11 | | have all authority provided to them under the Intergovernmental |
12 | | Cooperation Act and other applicable law to enter into |
13 | | interagency contracts. The Department may enter into contracts |
14 | | to use personnel and other resources that are retained by |
15 | | client agencies or other public agencies, to provide services |
16 | | to public agencies within the State, and for other appropriate |
17 | | purposes to accomplish the Department's mission.
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18 | | Section 20. Security and interoperability. The Department |
19 | | shall develop and implement standards, policies, and |
20 | | procedures to protect the security and interoperability of |
21 | | State data with respect to those agencies under the |
22 | | jurisdiction of the Governor, including in particular data that |
23 | | are confidential, sensitive, or protected from disclosure by |
24 | | privacy or other laws, while recognizing and balancing the need |
25 | | for collaboration and public transparency. The Department |
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1 | | shall comply with applicable federal and State laws pertaining |
2 | | to information technology, data, and records of the Department |
3 | | and the client agencies, including, without limitation, the |
4 | | Freedom of Information Act, the State Records Act, the Personal |
5 | | Information Protection Act, the federal Health Insurance |
6 | | Portability and Accountability Act, the federal Health |
7 | | Information Technology for Economic and Clinical Health Act, |
8 | | and the federal Gramm-Leach-Bliley Act.
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9 | | Section 25. Charges for services; non-State funding. The |
10 | | Department may establish charges for services rendered by the |
11 | | Department to client agencies from funds provided directly to |
12 | | the client agency by appropriation or otherwise. In |
13 | | establishing charges, the Department shall consult with client |
14 | | agencies to make charges transparent and clear and seek to |
15 | | minimize or avoid charges for costs for which the Department |
16 | | has other funding sources available. |
17 | | Client agencies shall continue to apply for and otherwise |
18 | | seek federal funds and other capital and operational resources |
19 | | for technology for which the agencies are eligible and, subject |
20 | | to compliance with applicable laws, regulations, and grant |
21 | | terms, make those funds available for use by the Department. |
22 | | The Department shall assist client agencies in identifying |
23 | | funding opportunities and, if funds are used by the Department, |
24 | | ensuring compliance with all applicable laws, regulations, and |
25 | | grant terms.
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1 | | Section 30. Information technology. |
2 | | (a) The Secretary shall be the Chief Information Officer |
3 | | for the State and the steward of State data with respect to |
4 | | those agencies under the jurisdiction of the Governor. It shall |
5 | | be the duty of the Department and the policy of the State of |
6 | | Illinois to manage or delegate the management of the |
7 | | procurement, retention, installation, maintenance, and |
8 | | operation of all information technology used by client |
9 | | agencies, so as to achieve maximum economy consistent with |
10 | | development of appropriate and timely information in a form |
11 | | suitable for management analysis, in a manner that provides for |
12 | | adequate security protection and back-up facilities for that |
13 | | equipment, the establishment of bonding requirements, and a |
14 | | code of conduct for all information technology personnel to |
15 | | ensure the privacy of information technology information as |
16 | | provided by law. |
17 | | (b) The Department shall be responsible for providing the |
18 | | Governor with timely, comprehensive, and meaningful |
19 | | information pertinent to the formulation and execution of |
20 | | fiscal policy. In performing this responsibility the |
21 | | Department shall have the power to do the following: |
22 | | (1) Control the procurement, retention, installation, |
23 | | maintenance, and operation, as specified by the |
24 | | Department, of information technology equipment used by |
25 | | client agencies in such a manner as to achieve maximum |
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1 | | economy and provide appropriate assistance in the |
2 | | development of information suitable for management |
3 | | analysis. |
4 | | (2) Establish principles and standards of information |
5 | | technology-related reporting by client agencies and |
6 | | priorities for completion of research by those agencies in |
7 | | accordance with the requirements for management analysis |
8 | | specified by the Department. |
9 | | (3) Establish charges for information technology and |
10 | | related services requested by client agencies and rendered |
11 | | by the Department. The Department is likewise empowered to |
12 | | establish prices or charges for all information technology |
13 | | reports purchased by agencies and individuals not |
14 | | connected with State government. |
15 | | (4) Instruct all client agencies to report regularly to |
16 | | the Department, in the manner the Department may prescribe, |
17 | | their usage of information technology, the cost incurred, |
18 | | the information produced, and the procedures followed in |
19 | | obtaining the information. All client agencies shall |
20 | | request from the Department assistance and consultation in |
21 | | securing any necessary information technology to support |
22 | | their requirements. |
23 | | (5) Examine the accounts and information |
24 | | technology-related data of any organization, body, or |
25 | | agency receiving appropriations from the General Assembly, |
26 | | except for a State constitutional office. For a State |
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1 | | constitutional office, the Department shall have the power |
2 | | to examine the accounts and information technology-related |
3 | | data of the State constitutional office when requested by |
4 | | that office. |
5 | | (6) Install and operate a modern information |
6 | | technology system utilizing equipment adequate to satisfy |
7 | | the requirements for analysis and review as specified by |
8 | | the Department. Expenditures for information technology |
9 | | and related services rendered shall be reimbursed by the |
10 | | recipients. The reimbursement shall be determined by the |
11 | | Department as amounts sufficient to reimburse the |
12 | | Technology Management Revolving Fund for expenditures |
13 | | incurred in rendering the services. |
14 | | (c) In addition to the other powers and duties listed in |
15 | | subsection (b), the Department shall analyze the present and |
16 | | future aims, needs, and requirements of information |
17 | | technology, research, and planning in order to provide for the |
18 | | formulation of overall policy relative to the use of |
19 | | information technology and related equipment by the State of |
20 | | Illinois. In making this analysis, the Department shall |
21 | | formulate a master plan for information technology, utilizing |
22 | | information technology most advantageously, and advising |
23 | | whether information technology should be leased or purchased by |
24 | | the State. The Department shall prepare and submit interim |
25 | | reports of meaningful developments and proposals for |
26 | | legislation to the Governor on or before January 30 each year. |
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1 | | The Department shall engage in a continuing analysis and |
2 | | evaluation of the master plan so developed, and it shall be the |
3 | | responsibility of the Department to recommend from time to time |
4 | | any needed amendments and modifications of any master plan |
5 | | enacted by the General Assembly. |
6 | | (d) The Department may make information technology and the |
7 | | use of information technology available to units of local |
8 | | government, elected State officials, State educational |
9 | | institutions, the judicial branch, the legislative branch, and |
10 | | all other governmental units of the State requesting them. The |
11 | | Department shall establish prices and charges for the |
12 | | information technology so furnished and for the use of the |
13 | | information technology. The prices and charges shall be |
14 | | sufficient to reimburse the cost of furnishing the services and |
15 | | use of information technology. |
16 | | (e) The Department may establish standards to provide |
17 | | consistency in the operation and use of information technology.
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18 | | Section 35. Communications. |
19 | | (a) The Department shall develop and implement a |
20 | | comprehensive plan to coordinate or centralize communications |
21 | | among State agencies with offices at different locations. The |
22 | | plan shall be updated based on a continuing study of |
23 | | communications problems of State government and shall include |
24 | | any information technology related equipment or service used |
25 | | for communication purposes including digital, analog, or |
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1 | | future transmission medium, whether for voice, data, or any |
2 | | combination thereof. The plan shall take into consideration |
3 | | systems that might effect economies, including, but not limited |
4 | | to, quantity discount services and may include provision of |
5 | | telecommunications service to local and federal government |
6 | | entities located within this State if State interests can be |
7 | | served by so doing. |
8 | | (b) The Department shall provide for and coordinate |
9 | | communications services for State agencies and, when requested |
10 | | and when in the best interests of the State, for units of |
11 | | federal or local governments and public and not-for-profit |
12 | | institutions of primary, secondary, and higher education. The |
13 | | Department may make use of, or support or provide any |
14 | | information technology related communications equipment or |
15 | | services necessary and available to support the needs of |
16 | | interested parties not associated with State government |
17 | | provided that State government usage shall have first priority. |
18 | | For this purpose the Department shall have the power to do all |
19 | | of the following: |
20 | | (1) Provide for and control the procurement, |
21 | | retention, installation, and maintenance of communications |
22 | | equipment or services used by State agencies in the |
23 | | interest of efficiency and economy. |
24 | | (2) Review existing standards and, where appropriate, |
25 | | propose to establish new or modified standards for State |
26 | | agencies which shall include a minimum of one |
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1 | | telecommunication device for the deaf installed and |
2 | | operational within each State agency, to provide public |
3 | | access to agency information for those persons who are |
4 | | hearing or speech impaired. The Department shall consult |
5 | | the Department of Human Services to develop standards and |
6 | | implementation for this equipment. |
7 | | (3) Establish charges for information technology for |
8 | | State agencies and, when requested, for units of federal or |
9 | | local government and public and not-for-profit |
10 | | institutions of primary, secondary, or higher education. |
11 | | Entities charged for these services shall pay the |
12 | | Department. |
13 | | (4) Instruct all State agencies to report their usage |
14 | | of communication services regularly to the Department in |
15 | | the manner the Department may prescribe. |
16 | | (5) Analyze the present and future aims and needs of |
17 | | all State agencies in the area of communications services |
18 | | and plan to serve those aims and needs in the most |
19 | | effective and efficient manner. |
20 | | (6) Provide telecommunications and other |
21 | | communications services. |
22 | | (7) Establish the administrative organization within |
23 | | the Department that is required to accomplish the purpose |
24 | | of this Section. |
25 | | As used in this subsection (b) only, "State agencies" means |
26 | | all departments, officers, commissions, boards, institutions, |
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1 | | and bodies politic and corporate of the State except (i) the |
2 | | judicial branch, including, without limitation, the several |
3 | | courts of the State, the offices of the clerk of the supreme |
4 | | court and the clerks of the appellate court, and the |
5 | | Administrative Office of the Illinois Courts, (ii) State |
6 | | constitutional offices, and (iii) the General Assembly, |
7 | | legislative service agencies, and all officers of the General |
8 | | Assembly. |
9 | | This subsection (b) does not apply to the procurement of |
10 | | Next Generation 9-1-1 service as governed by Section 15.6b of |
11 | | the Emergency Telephone System Act.
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12 | | Section 40. Bulk long distance telephone services for |
13 | | military personnel in military service. |
14 | | (a) As used in this Section only: |
15 | | "Immediate family" means a service member's spouse |
16 | | residing in the service member's household, brothers and |
17 | | sisters of the whole or of the half blood, children, including |
18 | | adopted children and stepchildren, parents, and grandparents. |
19 | | "Military service" means any full-time training or duty, no |
20 | | matter how described under federal or State law, for which a |
21 | | service member is ordered to report by the President, Governor |
22 | | of a state, commonwealth, or territory of the United States, or |
23 | | other appropriate military authority. |
24 | | "Service member" means a resident of Illinois who is a |
25 | | member of any component of the United States Armed Forces or |
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1 | | the National Guard of any state, the District of Columbia, a |
2 | | commonwealth, or a territory of the United States. |
3 | | (b) The Department may enter into a contract to purchase |
4 | | bulk long distance telephone services and make them available |
5 | | at cost, or may make bulk long distance telephone services |
6 | | available at cost under any existing contract the Department |
7 | | has entered into, to persons in the immediate family of service |
8 | | members that have entered military service so that those |
9 | | persons in the service members' families can communicate with |
10 | | the service members. If the Department enters into a contract |
11 | | under this Section, it shall do so in accordance with the |
12 | | Illinois Procurement Code and in a nondiscriminatory manner |
13 | | that does not place any potential vendor at a competitive |
14 | | disadvantage. |
15 | | (c) In order to be eligible to use bulk long distance |
16 | | telephone services purchased by the Department under this |
17 | | Section, a service member or person in the service member's |
18 | | immediate family must provide the Department with a copy of the |
19 | | orders calling the service member to military service in excess |
20 | | of 29 consecutive days and of any orders further extending the |
21 | | service member's period of military service. |
22 | | (d) If the Department enters into a contract under this |
23 | | Section, the Department shall adopt rules as necessary to |
24 | | implement this Section.
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25 | | Section 45. Grants for distance learning services. The |
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1 | | Department may award grants to public community colleges and |
2 | | education service centers for development and implementation |
3 | | of telecommunications systems that provide distance learning |
4 | | services.
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5 | | Section 50. Rulemaking. The Department may adopt rules |
6 | | under the Illinois Administrative Procedure Act necessary to |
7 | | carry out its responsibilities under this Act.
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8 | | Section 55. Executive Orders. |
9 | | (a) Executive Order 2016-001. The Department of Innovation |
10 | | and Technology was created by Executive Order 2016-001. This |
11 | | Act is the implementation of that Executive Order, together |
12 | | with additional provisions to ensure that the Department of |
13 | | Innovation and Technology is able to function as intended under |
14 | | that Executive Order. The intent of this Act is to ensure that |
15 | | the Department is able to fulfill its duties and purpose under |
16 | | that Executive Order. In the event of a conflict between the |
17 | | provisions of the Executive Order and this Act, this Act shall |
18 | | be controlling. |
19 | | (b) Executive Order 1999-05. The Information Technology |
20 | | Office, also known as the Office of the Chief Information |
21 | | Officer, was created by Executive Order 1999-05. That Executive |
22 | | Order is superseded by this Act.
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23 | | Section 60. Construction. |
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1 | | (a) Notwithstanding any provision of law to the contrary, |
2 | | on and after the effective date of this Act, references to |
3 | | "Bureau of Communications and Computer Services", "Bureau of |
4 | | Information and Communication Services", "Information |
5 | | Technology Office", or "Office of the Chief Information |
6 | | Officer" shall be construed as references to the Department of |
7 | | Innovation and Technology. |
8 | | (b) Notwithstanding any provision of law to the contrary, |
9 | | on and after the effective date of this Act, references to |
10 | | "Chief Information Officer of the State" shall be construed as |
11 | | references to the Secretary of Innovation and Technology.
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12 | | Section 905. The Civil Administrative Code of Illinois is |
13 | | amended by changing Sections 5-10, 5-15, 5-20, and 5-605 and by |
14 | | adding Sections 5-195 and 5-357 as follows:
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15 | | (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
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16 | | Sec. 5-10. "Director". As used in the Civil Administrative |
17 | | Code of
Illinois, unless the context clearly indicates
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18 | | otherwise, the word "director" means the several directors of |
19 | | the departments
of State government as designated in Section |
20 | | 5-20 of this Law and includes the Secretary of Financial and |
21 | | Professional Regulation, the Secretary of Innovation and |
22 | | Technology, the
Secretary of Human Services , and the Secretary |
23 | | of Transportation.
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24 | | (Source: P.A. 91-239, eff. 1-1-00.)
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| | SB1606 Engrossed | - 20 - | LRB100 11198 RPS 21501 b |
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1 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
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2 | | Sec. 5-15. Departments of State government. The |
3 | | Departments of
State government are created as follows:
|
4 | | The Department on Aging.
|
5 | | The Department of Agriculture.
|
6 | | The Department of Central Management Services.
|
7 | | The Department of Children and Family Services.
|
8 | | The Department of Commerce and Economic Opportunity.
|
9 | | The Department of Corrections.
|
10 | | The Department of Employment Security.
|
11 | | The Illinois Emergency Management Agency.
|
12 | | The Department of Financial and Professional Regulation.
|
13 | | The Department of Healthcare and Family Services.
|
14 | | The Department of Human Rights.
|
15 | | The Department of Human Services.
|
16 | | The Department of Innovation and Technology. |
17 | | The Department of Juvenile Justice.
|
18 | | The Department of Labor.
|
19 | | The Department of the Lottery.
|
20 | | The Department of Natural Resources.
|
21 | | The Department of Public Health.
|
22 | | The Department of Revenue.
|
23 | | The Department of State Police.
|
24 | | The Department of Transportation.
|
25 | | The Department of Veterans' Affairs.
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| | SB1606 Engrossed | - 21 - | LRB100 11198 RPS 21501 b |
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1 | | (Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)
|
2 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
|
3 | | Sec. 5-20. Heads of departments. Each department shall have |
4 | | an
officer as its head who shall
be known as director or |
5 | | secretary and who shall, subject to the
provisions of the Civil |
6 | | Administrative Code of Illinois,
execute the powers and |
7 | | discharge the duties
vested by law in his or her respective |
8 | | department.
|
9 | | The following officers are hereby created:
|
10 | | Director of Aging, for the Department on Aging.
|
11 | | Director of Agriculture, for the Department of |
12 | | Agriculture.
|
13 | | Director of Central Management Services, for the |
14 | | Department of Central
Management Services.
|
15 | | Director of Children and Family Services, for the |
16 | | Department of Children and
Family Services.
|
17 | | Director of Commerce and Economic Opportunity, for
the |
18 | | Department of Commerce
and Economic Opportunity.
|
19 | | Director of Corrections, for the Department of |
20 | | Corrections.
|
21 | | Director of the Illinois Emergency Management Agency, for |
22 | | the Illinois Emergency Management Agency.
|
23 | | Director of Employment Security, for the Department of |
24 | | Employment Security.
|
25 | | Secretary of Financial and Professional Regulation, for |
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| | SB1606 Engrossed | - 22 - | LRB100 11198 RPS 21501 b |
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1 | | the Department of Financial and Professional Regulation.
|
2 | | Director of Healthcare and Family Services, for the |
3 | | Department of Healthcare and Family Services.
|
4 | | Director of Human Rights, for the Department of Human |
5 | | Rights.
|
6 | | Secretary of Human Services, for the Department of Human |
7 | | Services.
|
8 | | Secretary of Innovation and Technology, for the Department |
9 | | of Innovation and Technology. |
10 | | Director of Juvenile Justice, for the Department of |
11 | | Juvenile Justice.
|
12 | | Director of Labor, for the Department of Labor.
|
13 | | Director of the Lottery, for the Department of the Lottery. |
14 | | Director of Natural Resources, for the Department of |
15 | | Natural Resources.
|
16 | | Director of Public Health, for the Department of Public |
17 | | Health.
|
18 | | Director of Revenue, for the Department of Revenue.
|
19 | | Director of State Police, for the Department of State |
20 | | Police.
|
21 | | Secretary of Transportation, for the Department of |
22 | | Transportation.
|
23 | | Director of Veterans' Affairs, for the Department of |
24 | | Veterans' Affairs.
|
25 | | (Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11; |
26 | | 97-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
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| | SB1606 Engrossed | - 23 - | LRB100 11198 RPS 21501 b |
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1 | | (20 ILCS 5/5-195 new) |
2 | | Sec. 5-195. In the Department of Innovation and Technology. |
3 | | Assistant Secretary of Innovation and Technology.
|
4 | | (20 ILCS 5/5-357 new) |
5 | | Sec. 5-357. In the Department of Innovation and Technology. |
6 | | The Secretary of Innovation and Technology and the Assistant |
7 | | Secretary of Innovation and Technology shall each receive an |
8 | | annual salary as set by law.
|
9 | | (20 ILCS 5/5-605) (was 20 ILCS 5/12)
|
10 | | Sec. 5-605. Appointment of officers. Each officer whose |
11 | | office
is created by the Civil Administrative Code of Illinois |
12 | | or by
any
amendment to the Code shall be appointed by the |
13 | | Governor, by
and with the advice
and consent of the Senate. In |
14 | | case of vacancies in those offices
during the
recess of the |
15 | | Senate, the Governor shall make a temporary appointment until |
16 | | the
next meeting of the Senate, when the Governor shall |
17 | | nominate some
person to fill the
office, and any person so |
18 | | nominated who is confirmed by the Senate
shall hold office |
19 | | during the remainder of the term and until his or her
successor |
20 | | is
appointed and qualified. If the Senate is not in session at |
21 | | the time the
Code
or any amendments to the Code take effect, |
22 | | the Governor shall
make a temporary
appointment as in the case |
23 | | of a vacancy.
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| | SB1606 Engrossed | - 24 - | LRB100 11198 RPS 21501 b |
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1 | | During the absence or inability to act of the director or |
2 | | secretary of any
department, or of the Secretary of Human |
3 | | Services or the Secretary of
Transportation, or in case of a |
4 | | vacancy in any such office until a successor
is appointed and |
5 | | qualified, the Governor may designate some person as acting
|
6 | | director or acting secretary to execute the powers and |
7 | | discharge the
duties vested by law in that director or |
8 | | secretary.
|
9 | | During the term of a General Assembly, the Governor may not |
10 | | designate a person to serve as an acting director or secretary |
11 | | under this Section if that person's nomination to serve as the |
12 | | director or secretary of that same Department was rejected by |
13 | | the Senate of the same General Assembly. This Section is |
14 | | subject to the provisions of subsection (c) of Section 3A-40 of |
15 | | the Illinois Governmental Ethics Act. |
16 | | (Source: P.A. 97-582, eff. 8-26-11.)
|
17 | | Section 910. The Department of Central Management Services |
18 | | Law of the
Civil Administrative Code of Illinois is amended by |
19 | | changing Sections 405-10, 405-270, and 405-410 as follows:
|
20 | | (20 ILCS 405/405-10) (was 20 ILCS 405/35.3)
|
21 | | Sec. 405-10. Director's duties; State policy. It shall be |
22 | | the duty of
the Director and the policy of the State of |
23 | | Illinois to do the following:
|
24 | | (1) Place financial responsibility on State agencies |
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1 | | (as
defined in subsection (b) of Section 405-5) and hold |
2 | | them
accountable for the proper discharge of this |
3 | | responsibility.
|
4 | | (2) Require professional, accurate, and current |
5 | | accounting with the
State agencies (as defined in |
6 | | subsection (b) of Section 405-5).
|
7 | | (3) Decentralize fiscal, procedural, and |
8 | | administrative operations to
expedite the business of the |
9 | | State and to avoid expense, unwieldiness,
inefficiency, |
10 | | and unnecessary duplication where decentralization is |
11 | | consistent
with proper fiscal management.
|
12 | | (4) (Blank). Manage or delegate the management of the |
13 | | procurement, retention,
installation, maintenance, and |
14 | | operation of all electronic data processing
equipment used |
15 | | by State agencies as defined in Section 405-20, so as to |
16 | | achieve
maximum economy consistent with development of |
17 | | adequate and timely information
in a form suitable for |
18 | | management analysis, in a manner that provides for
adequate |
19 | | security protection and back-up facilities for that |
20 | | equipment, the
establishment of bonding requirements, and |
21 | | a code of conduct for all
electronic data processing |
22 | | personnel to ensure the privacy of
electronic data |
23 | | processing information as provided by law.
|
24 | | (Source: P.A. 91-239, eff. 1-1-00 .)
|
25 | | (20 ILCS 405/405-270) (was 20 ILCS 405/67.18)
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| | SB1606 Engrossed | - 26 - | LRB100 11198 RPS 21501 b |
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1 | | Sec. 405-270. Broadcast communications Communications |
2 | | services. To provide for and
coordinate broadcast co-ordinate |
3 | | communications services
for State agencies and, when requested |
4 | | and when in the best interests of
the State, for units of |
5 | | federal or local governments and public and
not-for-profit |
6 | | institutions of primary, secondary, and higher education.
The |
7 | | Department may make use of its satellite uplink available to |
8 | | interested
parties not associated with State government |
9 | | provided that State government
usage shall have first priority. |
10 | | For this purpose the Department shall have
the power and duty |
11 | | to do all of the following:
|
12 | | (1) Provide for and control the procurement, |
13 | | retention,
installation,
and maintenance of video |
14 | | recording, satellite uplink, public information, and |
15 | | broadcast communications equipment or services used by
|
16 | | State agencies in the interest of efficiency and economy.
|
17 | | (2) (Blank). Establish standards by January 1, 1989 for |
18 | | communications
services for State agencies which shall |
19 | | include a minimum of one
telecommunication device for the |
20 | | deaf installed and
operational within each State agency, to |
21 | | provide public access to agency
information for those |
22 | | persons who are hearing or speech impaired. The
Department |
23 | | shall consult the Department of Human
Services to develop |
24 | | standards and implementation for this
equipment.
|
25 | | (3) Establish charges (i) for video recording, |
26 | | satellite uplink, public information, and broadcast |
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| | SB1606 Engrossed | - 27 - | LRB100 11198 RPS 21501 b |
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1 | | communication services for
State
agencies
and, when |
2 | | requested, for units of federal or local government and
|
3 | | public
and not-for-profit institutions of primary, |
4 | | secondary, or higher
education
and (ii) for use of the |
5 | | Department's satellite uplink by parties not
associated
|
6 | | with State government. Entities charged for these services |
7 | | shall
reimburse
the Department.
|
8 | | (4) Instruct all State agencies to report their usage |
9 | | of video recording, satellite uplink, public information, |
10 | | and broadcast
communication services regularly to the |
11 | | Department in the
manner
the Director may prescribe.
|
12 | | (5) Analyze the present and future aims and needs of |
13 | | all State
agencies in the area of video recording, |
14 | | satellite uplink, public information, and broadcast |
15 | | communications services and plan to serve
those aims and |
16 | | needs in the most effective and efficient
manner.
|
17 | | (6) Provide services, including, but not limited to, |
18 | | telecommunications, video recording, satellite uplink, |
19 | | public information, and broadcast other communications |
20 | | services.
|
21 | | (7) Establish the administrative organization
within |
22 | | the Department
that is required to accomplish the purpose |
23 | | of this Section.
|
24 | | The Department is authorized , in consultation with the |
25 | | Department of Innovation and Technology, to
conduct a study for |
26 | | the purpose of determining technical, engineering, and
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| | SB1606 Engrossed | - 28 - | LRB100 11198 RPS 21501 b |
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1 | | management specifications for the networking, compatible |
2 | | connection, or
shared use of existing and future public and |
3 | | private owned television
broadcast and reception facilities, |
4 | | including but not limited to
terrestrial microwave, fiber |
5 | | optic, and satellite, for broadcast and
reception of |
6 | | educational, governmental, and business programs, and to
|
7 | | implement those specifications.
|
8 | | However, the Department may not control or interfere with |
9 | | the input
of content into the broadcast communications |
10 | | telecommunications systems by the several State
agencies or |
11 | | units of federal or local government, or public or
|
12 | | not-for-profit institutions of primary, secondary, and higher |
13 | | education, or
users of the Department's satellite uplink.
|
14 | | As used in this Section, the term "State agencies" means |
15 | | all
departments, officers, commissions, boards, institutions, |
16 | | and bodies
politic and corporate of the State except (i) the |
17 | | judicial branch, including, without limitation, the several |
18 | | courts of the State, the offices of the clerk of the supreme |
19 | | court and the clerks of the appellate court, and the |
20 | | Administrative Office of the Illinois Courts and (ii) the |
21 | | General Assembly,
legislative service agencies, and all |
22 | | officers of the General Assembly.
|
23 | | This Section does not apply to the procurement of Next |
24 | | Generation 9-1-1 service as governed by Section 15.6b of the |
25 | | Emergency Telephone System Act. |
26 | | In the event of a conflict between the provisions of this |
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| | SB1606 Engrossed | - 29 - | LRB100 11198 RPS 21501 b |
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1 | | Section and any provision of the Department of Innovation and |
2 | | Technology Act, the Department of Innovation and Technology Act |
3 | | shall be controlling. |
4 | | (Source: P.A. 99-6, eff. 1-1-16 .)
|
5 | | (20 ILCS 405/405-410)
|
6 | | Sec. 405-410. Transfer of Information Technology |
7 | | functions.
|
8 | | (a) Notwithstanding any other law to the contrary, the |
9 | | Secretary of Innovation and Technology Director of Central |
10 | | Management Services , working in cooperation with
the Director |
11 | | of any other agency, department, board, or commission directly
|
12 | | responsible to the Governor, may direct the transfer, to the |
13 | | Department of Innovation and Technology
Central Management |
14 | | Services , of those information technology functions at that
|
15 | | agency, department, board, or commission that are suitable for |
16 | | centralization.
|
17 | | Upon receipt of the written direction to transfer |
18 | | information technology
functions to the Department of |
19 | | Innovation and Technology Central Management Services , the |
20 | | personnel,
equipment, and property (both real and personal) |
21 | | directly relating to the
transferred functions shall be |
22 | | transferred to the Department of Innovation and Technology |
23 | | Central
Management Services , and the relevant documents, |
24 | | records, and correspondence
shall be transferred or copied, as |
25 | | the Secretary Director may prescribe.
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| | SB1606 Engrossed | - 30 - | LRB100 11198 RPS 21501 b |
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1 | | (b) Upon receiving written direction from the Secretary of |
2 | | Innovation and Technology Director of Central
Management |
3 | | Services , the Comptroller and Treasurer are authorized
to |
4 | | transfer the unexpended balance of any appropriations related |
5 | | to the
information technology functions transferred to the |
6 | | Department of Innovation and Technology Central
Management |
7 | | Services and shall make the necessary fund transfers from any
|
8 | | special fund in the State Treasury or from any other federal or |
9 | | State trust
fund held by the Treasurer to the General Revenue |
10 | | Fund or , the Technology Management Statistical Services |
11 | | Revolving Fund , or the Communications Revolving Fund, as |
12 | | designated by the Secretary of Innovation and Technology |
13 | | Director of Central Management Services , for
use by the |
14 | | Department of Innovation and Technology Central Management |
15 | | Services in support of information
technology functions or any |
16 | | other related costs or expenses of the Department
of Innovation |
17 | | and Technology Central Management Services .
|
18 | | (c) The rights of employees and the State and its agencies |
19 | | under the
Personnel Code and applicable collective bargaining |
20 | | agreements or under any
pension, retirement, or annuity plan |
21 | | shall not be affected by any transfer
under this Section.
|
22 | | (d) The functions transferred to the Department of |
23 | | Innovation and Technology Central Management
Services by this |
24 | | Section shall be vested in and shall be exercised by the
|
25 | | Department of Innovation and Technology Central Management |
26 | | Services . Each act done in the exercise of
those functions |
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| | SB1606 Engrossed | - 31 - | LRB100 11198 RPS 21501 b |
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1 | | shall have the same legal effect as if done by the agencies,
|
2 | | offices, divisions, departments, bureaus, boards and |
3 | | commissions from which
they were transferred.
|
4 | | Every person or other entity shall be subject to the same |
5 | | obligations and
duties and any penalties, civil or criminal, |
6 | | arising therefrom, and shall have
the same rights arising from |
7 | | the exercise of such rights, powers, and duties as
had been |
8 | | exercised by the agencies, offices, divisions, departments, |
9 | | bureaus,
boards, and commissions from which they were |
10 | | transferred.
|
11 | | Whenever reports or notices are now required to be made or |
12 | | given or papers
or documents furnished or served by any person |
13 | | in regards to the functions
transferred to or upon the |
14 | | agencies, offices, divisions, departments, bureaus,
boards, |
15 | | and commissions from which the functions were transferred, the |
16 | | same
shall be made, given, furnished or served in the same |
17 | | manner to or upon the
Department of Innovation and Technology |
18 | | Central Management Services .
|
19 | | This Section does not affect any act done, ratified, or |
20 | | cancelled or any
right occurring or established or any action |
21 | | or proceeding had or commenced
in an administrative, civil, or |
22 | | criminal cause regarding the functions
transferred, but those |
23 | | proceedings may be continued by the Department of Innovation |
24 | | and Technology
Central Management Services .
|
25 | | This Section does not affect the legality of any rules in |
26 | | the Illinois
Administrative Code regarding the functions |
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| | SB1606 Engrossed | - 32 - | LRB100 11198 RPS 21501 b |
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1 | | transferred in this Section that
are in force on the effective |
2 | | date of this Section. If necessary, however,
the affected |
3 | | agencies shall propose, adopt, or repeal rules, rule |
4 | | amendments,
and rule recodifications as appropriate to |
5 | | effectuate this Section.
|
6 | | (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; |
7 | | 93-1067, eff. 1-15-05.)
|
8 | | (20 ILCS 405/405-20 rep.)
|
9 | | (20 ILCS 405/405-250 rep.)
|
10 | | (20 ILCS 405/405-255 rep.)
|
11 | | (20 ILCS 405/405-260 rep.)
|
12 | | (20 ILCS 405/405-265 rep.)
|
13 | | Section 915. The Department of Central Management Services |
14 | | Law of the
Civil Administrative Code of Illinois is amended by |
15 | | repealing Sections 405-20, 405-250, 405-255, 405-260, and |
16 | | 405-265.
|
17 | | Section 920. The Department of Commerce and Economic |
18 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
19 | | amended by changing Sections 605-680 and 605-1007 as follows:
|
20 | | (20 ILCS 605/605-680) |
21 | | Sec. 605-680. Illinois goods and services website. |
22 | | (a) The Department , in consultation with the Department of |
23 | | Innovation and Technology, must establish and maintain an |
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| | SB1606 Engrossed | - 33 - | LRB100 11198 RPS 21501 b |
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1 | | Internet website devoted to the marketing of Illinois goods and |
2 | | services by linking potential purchasers with producers of |
3 | | goods and services who are located in the State. |
4 | | (b) The Department must advertise the website to encourage |
5 | | inclusion of producers on the website and to encourage the use |
6 | | of the website by potential purchasers.
|
7 | | (Source: P.A. 93-868, eff. 1-1-05.)
|
8 | | Section 925. The Department of Commerce and Economic |
9 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
10 | | amended by changing Section 605-1007 as follows:
|
11 | | (20 ILCS 605/605-1007) |
12 | | Sec. 605-1007. New business permitting portal. |
13 | | (a) By July 1, 2017, the Department , in consultation with |
14 | | the Department of Innovation and Technology, shall create and |
15 | | maintain a website to help persons wishing to create new |
16 | | businesses or relocate businesses to Illinois. The Department |
17 | | shall consult with at least one organization representing small |
18 | | businesses in this State while creating the website. |
19 | | (b) The website shall include: |
20 | | (1) an estimate of license and permitting fees for |
21 | | different businesses; |
22 | | (2) State government application forms for business |
23 | | licensing or registration; |
24 | | (3) hyperlinks to websites of the responsible agency or |
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| | SB1606 Engrossed | - 34 - | LRB100 11198 RPS 21501 b |
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1 | | organization responsible for accepting the application; |
2 | | and |
3 | | (4) contact information for any local government |
4 | | permitting agencies that may be relevant. |
5 | | (c) The Department shall contact all agencies to obtain |
6 | | business forms and other information for this website. Those |
7 | | agencies shall respond to the Department before July 1, 2016. |
8 | | (d) The website shall also include some mechanism for the |
9 | | potential business owner to request more information from the |
10 | | Department that may be helpful in starting the business, |
11 | | including, but not limited to, State-based incentives that the |
12 | | business owner may qualify for when starting or relocating a |
13 | | business. |
14 | | (e) The Department shall update the website at least once a |
15 | | year before July 1. The Department shall request that other |
16 | | State agencies report any changes in applicable application |
17 | | forms to the Department by June 1 of every year after 2016.
|
18 | | (Source: P.A. 99-134, eff. 1-1-16 .)
|
19 | | Section 930. The State Fire Marshal Act is amended by |
20 | | changing Section 2.5 as follows:
|
21 | | (20 ILCS 2905/2.5)
|
22 | | Sec. 2.5. Equipment exchange program. |
23 | | (a) The Office shall create and maintain an
equipment |
24 | | exchange program under which fire departments, fire protection
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| | SB1606 Engrossed | - 35 - | LRB100 11198 RPS 21501 b |
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1 | | districts, and township fire departments can donate or sell
|
2 | | equipment to, trade equipment with, or buy equipment from each |
3 | | other.
|
4 | | (b) Under this program, the Office , in consultation with |
5 | | the Department of Innovation and Technology shall maintain a |
6 | | website that allows fire departments, fire protection
|
7 | | districts, and township fire departments to post information |
8 | | and photographs about needed equipment and equipment that is |
9 | | available for trade, donation, or sale. This website must be |
10 | | separate from, and not a part of, the Office's main website; |
11 | | however, the Office must post a hyperlink on its main website |
12 | | that points to the website established under this subsection |
13 | | (b).
|
14 | | (c) The Office or a fire department, fire protection |
15 | | district, or township fire department that
donates, trades, or |
16 | | sells fire protection equipment to another fire department, |
17 | | fire protection
district, or township fire department under |
18 | | this Section
is
not liable for any damage or injury caused by |
19 | | the donated, traded, or sold fire protection
equipment, except |
20 | | for damage or injury caused by its willful and wanton
|
21 | | misconduct,
if it discloses in writing to the recipient at the |
22 | | time of the
donation, trade, or sale any known damage to
or |
23 | | deficiencies in the equipment.
|
24 | | This Section does not relieve any fire department, fire |
25 | | protection district,
or
township fire department from |
26 | | liability, unless otherwise provided by law, for
any
damage or |
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| | SB1606 Engrossed | - 36 - | LRB100 11198 RPS 21501 b |
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1 | | injury caused by donated, traded, or sold fire protection |
2 | | equipment that was received
through the equipment exchange |
3 | | program. |
4 | | (d) The Office must promote the program to encourage the |
5 | | efficient exchange of equipment among local government |
6 | | entities.
|
7 | | (e) The Office must implement the changes to the equipment |
8 | | exchange program required under this amendatory Act of the 94th |
9 | | General Assembly no later than July 1, 2006. |
10 | | (Source: P.A. 93-305, eff. 7-23-03; 94-175, eff. 7-12-05.)
|
11 | | Section 935. The Illinois Century Network Act is amended by |
12 | | changing Sections 5, 10, and 15 and by adding Section 7 as |
13 | | follows:
|
14 | | (20 ILCS 3921/5)
|
15 | | Sec. 5. Legislative findings and declarations. The General |
16 | | Assembly
finds and declares:
|
17 | | (1) That computing and communications technologies are |
18 | | essential for
sustaining economic
competitiveness and |
19 | | fostering the educational vitality of this State.
|
20 | | (2) That there is an established need for a |
21 | | telecommunications
infrastructure that will provide |
22 | | high-speed, reliable, and cost-effective
digital |
23 | | connections throughout the State.
|
24 | | (3) That a network is required that will deliver |
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1 | | educational programs,
advanced training, and access to the |
2 | | growing global wealth of information
services to citizens |
3 | | in all parts of this State.
|
4 | | (4) That the State and communication providers shall |
5 | | continue to collaborate to deliver communications links to |
6 | | anchor institutions in Illinois. |
7 | | (Source: P.A. 91-21, eff. 7-1-99.)
|
8 | | (20 ILCS 3921/7 new) |
9 | | Sec. 7. Definitions. Beginning on July 1, 2017, as used in |
10 | | this Act, "anchor institutions" means Illinois schools, |
11 | | institutions of higher education, libraries, museums, research |
12 | | institutions, State agencies, and units of local government.
|
13 | | (20 ILCS 3921/10)
|
14 | | Sec. 10. Illinois Century Network. The Illinois Century |
15 | | Network shall be a
service creating and maintaining
high speed |
16 | | telecommunications networks that provide reliable |
17 | | communication
links for wholesale connections with other |
18 | | registered or certified providers and the direct communication |
19 | | needs of various anchor institutions throughout Illinois to and |
20 | | among Illinois schools, institutions of higher education,
|
21 | | libraries, museums, research institutions, State agencies, |
22 | | units of local
government, and other local entities that |
23 | | provide services to Illinois
citizens . The Illinois Century |
24 | | Network may shall build on existing investments in
networking |
|
| | SB1606 Engrossed | - 38 - | LRB100 11198 RPS 21501 b |
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1 | | schools, colleges, and universities, and shall avoid |
2 | | duplication of existing communication networks if those |
3 | | networks are capable of maintaining future
efforts, maintain |
4 | | sufficient capacity to meet the requirements of anchor |
5 | | institutions the
participating institutions, and stay current |
6 | | with rapid developments in
technology. The Illinois Century |
7 | | Network shall be capable of delivering
state-of-the-art access |
8 | | to education, training, and electronic information and
shall |
9 | | provide access to networking technologies for institutions |
10 | | located in
even the most remote areas of this State .
|
11 | | By July 1, 2018, the Department of Innovation and |
12 | | Technology shall perform a comprehensive review of the Illinois |
13 | | Century Network including, but not limited to, assets, |
14 | | connections, hardware, and capacity of the current network. |
15 | | Nothing in this amendatory Act of the 100th General Assembly |
16 | | shall change contractual obligations of the Illinois Century |
17 | | Network that are effective on or before the effective date of |
18 | | this amendatory Act of the 100th General Assembly. |
19 | | (Source: P.A. 91-21, eff. 7-1-99; 92-691, eff. 7-18-02.)
|
20 | | (20 ILCS 3921/15)
|
21 | | Sec. 15. Management of the Illinois Century Network.
|
22 | | (a) The Department of Innovation and Technology shall |
23 | | govern the staffing and contractual services necessary to |
24 | | support the activities of the Illinois Century Network. |
25 | | Staffing and
contractual services necessary to support the |
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| | SB1606 Engrossed | - 39 - | LRB100 11198 RPS 21501 b |
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1 | | network's activities shall be
governed by the Illinois Century |
2 | | Network Policy Committee. The committee
shall
include:
|
3 | | (1) 6 standing members as follows:
|
4 | | (i) the Illinois State Library Director or |
5 | | designee;
|
6 | | (ii) the Illinois State Museum Director or |
7 | | designee;
|
8 | | (iii) the Executive Director of the Board of Higher
|
9 | | Education or designee;
|
10 | | (iv) the Executive Director of the Illinois |
11 | | Community
College Board or designee;
|
12 | | (v) the State Board of Education State |
13 | | Superintendent or
designee; and
|
14 | | (vi) the Director of Central Management Services |
15 | | or
designee;
|
16 | | (2) up to 7 members who are appointed by the Governor
|
17 | | and who:
|
18 | | (i) have experience and background in private K-12
|
19 | | education, private higher education, or who are from
|
20 | | other participant constituents that are not already
|
21 | | represented;
|
22 | | (ii) shall serve staggered terms up to 3 years as |
23 | | designated by the
Governor; and
|
24 | | (iii) shall serve until a successor is appointed |
25 | | and
qualified; and
|
26 | | (3) a Chairperson who is appointed by the Governor and |
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1 | | who shall
serve a term of 2 years and until a successor is |
2 | | appointed and qualified.
|
3 | | (b) (Blank). Illinois Century Network Policy Committee |
4 | | members shall serve without
compensation but shall be entitled |
5 | | to reimbursement for reasonable expenses of
travel for members |
6 | | who are required to travel for a distance greater than 20
miles |
7 | | to participate in business of the Illinois Century Network |
8 | | Policy
Committee.
|
9 | | (Source: P.A. 98-719, eff. 1-1-15 .)
|
10 | | (20 ILCS 3921/20 rep.)
|
11 | | Section 937. The Illinois Century Network Act is amended by |
12 | | repealing Section 20.
|
13 | | Section 940. The State Finance Act is amended by changing |
14 | | Sections 5.55, 6p-1, 6p-2, 6z-34, 8.16a, and 8.16b as follows:
|
15 | | (30 ILCS 105/5.55) (from Ch. 127, par. 141.55)
|
16 | | Sec. 5.55. The Technology Management Statistical Services |
17 | | Revolving Fund. |
18 | | (Source: Laws 1919, p. 946.)
|
19 | | (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
|
20 | | Sec. 6p-1.
The Technology Management Revolving Fund |
21 | | (formerly the Statistical Services Revolving Fund ) shall be |
22 | | initially
financed by a transfer of funds from the General |
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1 | | Revenue Fund. Thereafter,
all fees and other monies received by |
2 | | the Department of Innovation and Technology Central Management
|
3 | | Services in payment for information technology and related |
4 | | statistical services rendered pursuant to subsection (b) of |
5 | | Section 30 of the Department of Innovation and Technology Act |
6 | | Section
405-20 of the Department of Central Management Services |
7 | | Law (20
ILCS 405/405-20) shall be paid
into
the
Technology |
8 | | Management Statistical Services Revolving Fund. On and after |
9 | | July 1, 2018, or after sufficient moneys have been received in |
10 | | the Communications Revolving Fund to pay all Fiscal Year 2018 |
11 | | obligations payable from the Fund, whichever is later, all fees |
12 | | and other moneys received by the Department of Central |
13 | | Management Services in payment for communications services |
14 | | rendered pursuant to the Department of Central Management |
15 | | Services Law of the Civil Administrative Code of Illinois or |
16 | | sale of surplus State communications equipment shall be paid |
17 | | into the Technology Management Revolving Fund. The money in |
18 | | this fund shall be used
by the Department of Innovation and |
19 | | Technology Central Management Services as reimbursement for
|
20 | | expenditures incurred in rendering information technology and |
21 | | related statistical services and, beginning July 1, 2016, as |
22 | | reimbursement for expenditures incurred in relation to |
23 | | communications services .
|
24 | | (Source: P.A. 91-239, eff. 1-1-00.)
|
25 | | (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
|
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| | SB1606 Engrossed | - 42 - | LRB100 11198 RPS 21501 b |
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1 | | Sec. 6p-2.
The Communications Revolving Fund shall be |
2 | | initially financed
by a transfer of funds from the General |
3 | | Revenue Fund. Thereafter, all fees
and other monies received by |
4 | | the Department of Innovation and Technology Central Management |
5 | | Services in
payment for communications services rendered |
6 | | pursuant to the Department of Innovation and Technology Act
|
7 | | Central Management Services Law or sale of surplus State |
8 | | communications
equipment shall be paid into the Communications |
9 | | Revolving Fund. Except as
otherwise provided in this Section, |
10 | | the money in this fund shall be used by the
Department of |
11 | | Innovation and Technology Central Management Services as |
12 | | reimbursement for expenditures
incurred in relation to |
13 | | communications services.
|
14 | | On the effective date of this
amendatory Act of the 93rd |
15 | | General Assembly, or as soon as practicable
thereafter, the |
16 | | State Comptroller shall order transferred and the State
|
17 | | Treasurer shall transfer $3,000,000 from the Communications |
18 | | Revolving Fund to
the Emergency Public Health Fund to be used |
19 | | for the purposes specified in
Section 55.6a of the |
20 | | Environmental Protection Act.
|
21 | | In addition to any other transfers that may be provided for |
22 | | by law, on July 1, 2011, or as soon thereafter as practical, |
23 | | the State Comptroller shall direct and the State Treasurer |
24 | | shall transfer the sum of $5,000,000 from the General Revenue |
25 | | Fund to the Communications Revolving Fund. |
26 | | Notwithstanding any other provision of law, in addition to |
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1 | | any other transfers that may be provided by law, on July 1, |
2 | | 2018, or after sufficient moneys have been received in the |
3 | | Communications Revolving Fund to pay all Fiscal Year 2018 |
4 | | obligations payable from the Fund, whichever is later, the |
5 | | State Comptroller shall direct and the State Treasurer shall |
6 | | transfer the remaining balance from the Communications |
7 | | Revolving Fund into the Technology Management Revolving Fund. |
8 | | Upon completion of the transfer, any future deposits due to |
9 | | that Fund and any outstanding obligations or liabilities of |
10 | | that Fund pass to the Technology Management Revolving Fund. |
11 | | (Source: P.A. 97-641, eff. 12-19-11.)
|
12 | | (30 ILCS 105/6z-34)
|
13 | | Sec. 6z-34. Secretary of State Special Services Fund. There
|
14 | | is created in the State Treasury a special fund to be known as |
15 | | the Secretary of
State Special Services Fund. Moneys deposited |
16 | | into the Fund may, subject to
appropriation, be used by the |
17 | | Secretary of State for any or all of the
following purposes:
|
18 | | (1) For general automation efforts within operations |
19 | | of the Office of
Secretary of State.
|
20 | | (2) For technology applications in any form that will |
21 | | enhance the
operational capabilities of the Office of |
22 | | Secretary of State.
|
23 | | (3) To provide funds for any type of library grants |
24 | | authorized and
administered by the Secretary of State as |
25 | | State Librarian.
|
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1 | | These funds are in addition to any other funds otherwise |
2 | | authorized to the
Office of Secretary of State for like or |
3 | | similar purposes.
|
4 | | On August 15, 1997, all fiscal year 1997 receipts that |
5 | | exceed the
amount of $15,000,000 shall be transferred from this |
6 | | Fund to the Statistical
Services Revolving Fund; on August 15, |
7 | | 1998 and each year thereafter
through 2000, all
receipts from |
8 | | the fiscal year ending on the previous June 30th that exceed |
9 | | the
amount of $17,000,000 shall be transferred from this Fund |
10 | | to the Statistical
Services Revolving Fund; on August 15, 2001 |
11 | | and each year thereafter
through 2002, all
receipts from the |
12 | | fiscal year ending on the previous June 30th that exceed the
|
13 | | amount of $19,000,000 shall be transferred from this Fund to |
14 | | the Statistical
Services Revolving Fund; and on August 15, 2003 |
15 | | and each year thereafter, all
receipts from the fiscal year |
16 | | ending on the previous June 30th that exceed the
amount of |
17 | | $33,000,000 shall be transferred from this Fund to the |
18 | | Technology Management Statistical
Services Revolving Fund.
|
19 | | (Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
|
20 | | (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
|
21 | | Sec. 8.16a.
Appropriations for the procurement, |
22 | | installation,
retention, maintenance and operation of |
23 | | electronic data processing and
information technology devices |
24 | | and software used by State state agencies subject to subsection |
25 | | (b) of Section 30 of the Department of Innovation and |
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1 | | Technology Act Section 405-20 of
the Department of Central |
2 | | Management Services Law (20 ILCS 405/405-20) , the purchase of |
3 | | necessary
supplies and equipment and accessories thereto, and |
4 | | all other expenses
incident to the operation and maintenance of |
5 | | those electronic data
processing and information technology |
6 | | devices and software are payable from the Technology Management |
7 | | Statistical
Services Revolving Fund. However, no contract |
8 | | shall be entered into or
obligation incurred for any |
9 | | expenditure from the Technology Management Statistical |
10 | | Services
Revolving Fund until after the purpose and amount has |
11 | | been approved in
writing by the Secretary of Innovation and |
12 | | Technology Director of Central Management Services . Until |
13 | | there are
sufficient funds in the Technology Management |
14 | | Revolving Fund (formerly known as the Statistical Services |
15 | | Revolving Fund ) to carry out
the purposes of this amendatory |
16 | | Act of 1965, however, the State agencies
subject to subsection |
17 | | (b) of Section 30 of the Department of Innovation and |
18 | | Technology Act that Section 405-20
shall, on written approval |
19 | | of the Secretary of Innovation and Technology Director of |
20 | | Central Management
Services , pay the cost of operating and |
21 | | maintaining electronic data processing
systems from current |
22 | | appropriations as classified and standardized in
"An Act in |
23 | | relation to State finance", approved June 10, 1919, as amended.
|
24 | | (Source: P.A. 91-239, eff. 1-1-00.)
|
25 | | (30 ILCS 105/8.16b) (from Ch. 127, par. 144.16b)
|
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1 | | Sec. 8.16b.
Appropriations for expenses related to
|
2 | | communications services pursuant to
the Civil Administrative |
3 | | Code of Illinois are payable from the
Communications Revolving |
4 | | Fund. However, no contract shall be
entered into or obligation |
5 | | incurred for any expenditure from
the Communications Revolving |
6 | | Fund until after the purpose and
amount has been approved in |
7 | | writing by the Secretary of Innovation and Technology Director |
8 | | of Central
Management Services .
|
9 | | (Source: P.A. 87-817.)
|
10 | | Section 943. The Illinois Procurement Code is amended by |
11 | | changing Section 20-60 as follows:
|
12 | | (30 ILCS 500/20-60) |
13 | | Sec. 20-60. Duration of contracts. |
14 | | (a) Maximum duration. A contract, other than a contract |
15 | | entered into pursuant to the State University Certificates of |
16 | | Participation Act or as provided in subsection (d) of this |
17 | | Section , may be entered into for
any period of time deemed
to |
18 | | be in the best interests of the State but not
exceeding 10 |
19 | | years inclusive, beginning January 1, 2010, of proposed |
20 | | contract renewals. Third parties may lease State-owned dark |
21 | | fiber networks for any period of time deemed to be in the best |
22 | | interest of the State, but not exceeding 20 years. The length |
23 | | of
a lease for real property or capital improvements shall be |
24 | | in
accordance with the provisions of
Section 40-25. A contract |
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1 | | for bond or mortgage insurance awarded by the Illinois Housing |
2 | | Development Authority, however, may be entered into for any |
3 | | period of time less than or equal to the maximum period of time |
4 | | that the subject bond or mortgage may remain outstanding.
|
5 | | (b) Subject to appropriation. All contracts made or entered
|
6 | | into shall recite that they are
subject to termination and |
7 | | cancellation in any year for which the
General Assembly fails |
8 | | to make
an appropriation to make payments under the terms of |
9 | | the contract. |
10 | | (c) The chief procurement officer shall file a proposed |
11 | | extension or renewal of a contract with the Procurement Policy |
12 | | Board prior to entering into any extension or renewal if the |
13 | | cost associated with the extension or renewal exceeds $249,999. |
14 | | The Procurement Policy Board may object to the proposed |
15 | | extension or renewal within 30 calendar days and require a |
16 | | hearing before the Board prior to entering into the extension |
17 | | or renewal. If the Procurement Policy Board does not object |
18 | | within 30 calendar days or takes affirmative action to |
19 | | recommend the extension or renewal, the chief procurement |
20 | | officer may enter into the extension or renewal of a contract. |
21 | | This subsection does not apply to any emergency procurement, |
22 | | any procurement under Article 40, or any procurement exempted |
23 | | by Section 1-10(b) of this Code. If any State agency contract |
24 | | is paid for in whole or in part with federal-aid funds, grants, |
25 | | or loans and the provisions of this subsection would result in |
26 | | the loss of those federal-aid funds, grants, or loans, then the |
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1 | | contract is exempt from the provisions of this subsection in |
2 | | order to remain eligible for those federal-aid funds, grants, |
3 | | or loans, and the State agency shall file notice of this |
4 | | exemption with the Procurement Policy Board prior to entering |
5 | | into the proposed extension or renewal. Nothing in this |
6 | | subsection permits a chief procurement officer to enter into an |
7 | | extension or renewal in violation of subsection (a). By August |
8 | | 1 each year, the Procurement Policy Board shall file a report |
9 | | with the General Assembly identifying for the previous fiscal |
10 | | year (i) the proposed extensions or renewals that were filed |
11 | | with the Board and whether the Board objected and (ii) the |
12 | | contracts exempt from this subsection. |
13 | | (d) Notwithstanding the provisions of subsection (a) of |
14 | | this Section, the Department of Innovation and Technology may |
15 | | enter into leases for dark fiber networks for any period of |
16 | | time deemed to be in the best interests of the State but not |
17 | | exceeding 20 years inclusive. The Department of Innovation and |
18 | | Technology may lease dark fiber networks from third parties |
19 | | only for the primary purpose of providing services to (i) the |
20 | | offices of Governor, Lieutenant Governor, Attorney General, |
21 | | Secretary of State, Comptroller, or Treasurer and State |
22 | | agencies, as defined under Section 5-15 of the Civil |
23 | | Administrative Code of Illinois or (ii) for anchor |
24 | | institutions, as defined in Section 7 of the Illinois Century |
25 | | Network Act. Dark fiber network lease contracts shall be |
26 | | subject to all other provisions of this Code and any applicable |
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1 | | rules or requirements, including, but not limited to, |
2 | | publication of lease solicitations, use of standard State |
3 | | contracting terms and conditions, and approval of vendor |
4 | | certifications and financial disclosures. |
5 | | (e) As used in this Section, "dark fiber network" means a |
6 | | network of fiber optic cables laid but currently unused by a |
7 | | third party that the third party is leasing for use as network |
8 | | infrastructure. |
9 | | (Source: P.A. 95-344, eff. 8-21-07; 96-15, eff. 6-22-09; |
10 | | 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the |
11 | | effective date of changes made by P.A. 96-795); 96-920, eff. |
12 | | 7-1-10; 96-1478, eff. 8-23-10.)
|
13 | | Section 945. The Grant Information Collection Act is |
14 | | amended by changing Section 10 as follows:
|
15 | | (30 ILCS 707/10)
|
16 | | Sec. 10. Grant information collection. The Secretary of |
17 | | Innovation and Technology Chief Information Officer of the |
18 | | State, as designated by the Governor, shall coordinate with |
19 | | each State agency to develop, with any existing or newly |
20 | | available resources and technology, appropriate systems to |
21 | | accurately report data containing financial information. These |
22 | | systems shall include a module that is specific to the |
23 | | management and administration of grant funds. |
24 | | Each grantor agency that is authorized to award grant funds |
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1 | | to an entity other than the State of Illinois shall coordinate |
2 | | with the Secretary of Innovation and Technology Chief |
3 | | Information Officer of the State to provide for the |
4 | | publication, at data.illinois.gov or any other publicly |
5 | | accessible website designated by the Chief Information |
6 | | Officer, of data sets containing information regarding awards |
7 | | of grant funds that the grantor agency has made during the |
8 | | previous fiscal year. Data sets shall be published on at least |
9 | | a quarterly basis and shall include, at a minimum, the |
10 | | following: |
11 | | (1) the name of the grantor agency; |
12 | | (2) the name and postal zip code of the grantee; |
13 | | (3) a short description of the purpose of the award of |
14 | | grant funds; |
15 | | (4) the amount of each award of grant funds; |
16 | | (5) the date of each award of grant funds; and |
17 | | (6) the duration of each award of grant funds. |
18 | | In addition, each grantor agency shall make best efforts, |
19 | | with available resources and technology, to make available in |
20 | | the data sets any other data that is relevant to its award of |
21 | | grant funds. |
22 | | Data not subject to the requirements of this Section |
23 | | include data to which a State agency may deny access pursuant |
24 | | to any provision of a federal, State, or local law, rule, or |
25 | | regulation.
|
26 | | (Source: P.A. 98-589, eff. 1-1-14.)
|
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1 | | Section 950. The Illinois Pension Code is amended by |
2 | | changing Sections 1-160, 14-110, and 15-106 as follows:
|
3 | | (40 ILCS 5/1-160)
|
4 | | (Text of Section WITHOUT the changes made by P.A. 98-641, |
5 | | which has been held unconstitutional) |
6 | | Sec. 1-160. Provisions applicable to new hires. |
7 | | (a) The provisions of this Section apply to a person who, |
8 | | on or after January 1, 2011, first becomes a member or a |
9 | | participant under any reciprocal retirement system or pension |
10 | | fund established under this Code, other than a retirement |
11 | | system or pension fund established under Article 2, 3, 4, 5, 6, |
12 | | 15 or 18 of this Code, notwithstanding any other provision of |
13 | | this Code to the contrary, but do not apply to any self-managed |
14 | | plan established under this Code, to any person with respect to |
15 | | service as a sheriff's law enforcement employee under Article |
16 | | 7, or to any participant of the retirement plan established |
17 | | under Section 22-101. Notwithstanding anything to the contrary |
18 | | in this Section, for purposes of this Section, a person who |
19 | | participated in a retirement system under Article 15 prior to |
20 | | January 1, 2011 shall be deemed a person who first became a |
21 | | member or participant prior to January 1, 2011 under any |
22 | | retirement system or pension fund subject to this Section. The |
23 | | changes made to this Section by Public Act 98-596 this |
24 | | amendatory Act of the 98th General Assembly are a clarification |
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1 | | of existing law and are intended to be retroactive to January |
2 | | 1, 2011 ( the effective date of Public Act 96-889 ) , |
3 | | notwithstanding the provisions of Section 1-103.1 of this Code. |
4 | | (b) "Final average salary" means the average monthly (or |
5 | | annual) salary obtained by dividing the total salary or |
6 | | earnings calculated under the Article applicable to the member |
7 | | or participant during the 96 consecutive months (or 8 |
8 | | consecutive years) of service within the last 120 months (or 10 |
9 | | years) of service in which the total salary or earnings |
10 | | calculated under the applicable Article was the highest by the |
11 | | number of months (or years) of service in that period. For the |
12 | | purposes of a person who first becomes a member or participant |
13 | | of any retirement system or pension fund to which this Section |
14 | | applies on or after January 1, 2011, in this Code, "final |
15 | | average salary" shall be substituted for the following: |
16 | | (1) In Article 7 (except for service as sheriff's law |
17 | | enforcement employees), "final rate of earnings". |
18 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average |
19 | | annual salary for any 4 consecutive years within the last |
20 | | 10 years of service immediately preceding the date of |
21 | | withdrawal". |
22 | | (3) In Article 13, "average final salary". |
23 | | (4) In Article 14, "final average compensation". |
24 | | (5) In Article 17, "average salary". |
25 | | (6) In Section 22-207, "wages or salary received by him |
26 | | at the date of retirement or discharge". |
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| | SB1606 Engrossed | - 53 - | LRB100 11198 RPS 21501 b |
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1 | | (b-5) Beginning on January 1, 2011, for all purposes under |
2 | | this Code (including without limitation the calculation of |
3 | | benefits and employee contributions), the annual earnings, |
4 | | salary, or wages (based on the plan year) of a member or |
5 | | participant to whom this Section applies shall not exceed |
6 | | $106,800; however, that amount shall annually thereafter be |
7 | | increased by the lesser of (i) 3% of that amount, including all |
8 | | previous adjustments, or (ii) one-half the annual unadjusted |
9 | | percentage increase (but not less than zero) in the consumer |
10 | | price index-u
for the 12 months ending with the September |
11 | | preceding each November 1, including all previous adjustments. |
12 | | For the purposes of this Section, "consumer price index-u" |
13 | | means
the index published by the Bureau of Labor Statistics of |
14 | | the United States
Department of Labor that measures the average |
15 | | change in prices of goods and
services purchased by all urban |
16 | | consumers, United States city average, all
items, 1982-84 = |
17 | | 100. The new amount resulting from each annual adjustment
shall |
18 | | be determined by the Public Pension Division of the Department |
19 | | of Insurance and made available to the boards of the retirement |
20 | | systems and pension funds by November 1 of each year. |
21 | | (c) A member or participant is entitled to a retirement
|
22 | | annuity upon written application if he or she has attained age |
23 | | 67 (beginning January 1, 2015, age 65 with respect to service |
24 | | under Article 12 of this Code that is subject to this Section) |
25 | | and has at least 10 years of service credit and is otherwise |
26 | | eligible under the requirements of the applicable Article. |
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1 | | A member or participant who has attained age 62 (beginning |
2 | | January 1, 2015, age 60 with respect to service under Article |
3 | | 12 of this Code that is subject to this Section) and has at |
4 | | least 10 years of service credit and is otherwise eligible |
5 | | under the requirements of the applicable Article may elect to |
6 | | receive the lower retirement annuity provided
in subsection (d) |
7 | | of this Section. |
8 | | (d) The retirement annuity of a member or participant who |
9 | | is retiring after attaining age 62 (beginning January 1, 2015, |
10 | | age 60 with respect to service under Article 12 of this Code |
11 | | that is subject to this Section) with at least 10 years of |
12 | | service credit shall be reduced by one-half
of 1% for each full |
13 | | month that the member's age is under age 67 (beginning January |
14 | | 1, 2015, age 65 with respect to service under Article 12 of |
15 | | this Code that is subject to this Section). |
16 | | (e) Any retirement annuity or supplemental annuity shall be |
17 | | subject to annual increases on the January 1 occurring either |
18 | | on or after the attainment of age 67 (beginning January 1, |
19 | | 2015, age 65 with respect to service under Article 12 of this |
20 | | Code that is subject to this Section) or the first anniversary |
21 | | of the annuity start date, whichever is later. Each annual |
22 | | increase shall be calculated at 3% or one-half the annual |
23 | | unadjusted percentage increase (but not less than zero) in the |
24 | | consumer price index-u for the 12 months ending with the |
25 | | September preceding each November 1, whichever is less, of the |
26 | | originally granted retirement annuity. If the annual |
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1 | | unadjusted percentage change in the consumer price index-u for |
2 | | the 12 months ending with the September preceding each November |
3 | | 1 is zero or there is a decrease, then the annuity shall not be |
4 | | increased. |
5 | | (f) The initial survivor's or widow's annuity of an |
6 | | otherwise eligible survivor or widow of a retired member or |
7 | | participant who first became a member or participant on or |
8 | | after January 1, 2011 shall be in the amount of 66 2/3% of the |
9 | | retired member's or participant's retirement annuity at the |
10 | | date of death. In the case of the death of a member or |
11 | | participant who has not retired and who first became a member |
12 | | or participant on or after January 1, 2011, eligibility for a |
13 | | survivor's or widow's annuity shall be determined by the |
14 | | applicable Article of this Code. The initial benefit shall be |
15 | | 66 2/3% of the earned annuity without a reduction due to age. A |
16 | | child's annuity of an otherwise eligible child shall be in the |
17 | | amount prescribed under each Article if applicable. Any |
18 | | survivor's or widow's annuity shall be increased (1) on each |
19 | | January 1 occurring on or after the commencement of the annuity |
20 | | if
the deceased member died while receiving a retirement |
21 | | annuity or (2) in
other cases, on each January 1 occurring |
22 | | after the first anniversary
of the commencement of the annuity. |
23 | | Each annual increase shall be calculated at 3% or one-half the |
24 | | annual unadjusted percentage increase (but not less than zero) |
25 | | in the consumer price index-u for the 12 months ending with the |
26 | | September preceding each November 1, whichever is less, of the |
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1 | | originally granted survivor's annuity. If the annual |
2 | | unadjusted percentage change in the consumer price index-u for |
3 | | the 12 months ending with the September preceding each November |
4 | | 1 is zero or there is a decrease, then the annuity shall not be |
5 | | increased. |
6 | | (g) The benefits in Section 14-110 apply only if the person |
7 | | is a State policeman, a fire fighter in the fire protection |
8 | | service of a department, or a security employee of the |
9 | | Department of Corrections or the Department of Juvenile |
10 | | Justice, or a security employee of the Department of Innovation |
11 | | and Technology, as those terms are defined in subsection (b) |
12 | | and subsection (c) of Section 14-110. A person who meets the |
13 | | requirements of this Section is entitled to an annuity |
14 | | calculated under the provisions of Section 14-110, in lieu of |
15 | | the regular or minimum retirement annuity, only if the person |
16 | | has withdrawn from service with not less than 20
years of |
17 | | eligible creditable service and has attained age 60, regardless |
18 | | of whether
the attainment of age 60 occurs while the person is
|
19 | | still in service. |
20 | | (h) If a person who first becomes a member or a participant |
21 | | of a retirement system or pension fund subject to this Section |
22 | | on or after January 1, 2011 is receiving a retirement annuity |
23 | | or retirement pension under that system or fund and becomes a |
24 | | member or participant under any other system or fund created by |
25 | | this Code and is employed on a full-time basis, except for |
26 | | those members or participants exempted from the provisions of |
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1 | | this Section under subsection (a) of this Section, then the |
2 | | person's retirement annuity or retirement pension under that |
3 | | system or fund shall be suspended during that employment. Upon |
4 | | termination of that employment, the person's retirement |
5 | | annuity or retirement pension payments shall resume and be |
6 | | recalculated if recalculation is provided for under the |
7 | | applicable Article of this Code. |
8 | | If a person who first becomes a member of a retirement |
9 | | system or pension fund subject to this Section on or after |
10 | | January 1, 2012 and is receiving a retirement annuity or |
11 | | retirement pension under that system or fund and accepts on a |
12 | | contractual basis a position to provide services to a |
13 | | governmental entity from which he or she has retired, then that |
14 | | person's annuity or retirement pension earned as an active |
15 | | employee of the employer shall be suspended during that |
16 | | contractual service. A person receiving an annuity or |
17 | | retirement pension under this Code shall notify the pension |
18 | | fund or retirement system from which he or she is receiving an |
19 | | annuity or retirement pension, as well as his or her |
20 | | contractual employer, of his or her retirement status before |
21 | | accepting contractual employment. A person who fails to submit |
22 | | such notification shall be guilty of a Class A misdemeanor and |
23 | | required to pay a fine of $1,000. Upon termination of that |
24 | | contractual employment, the person's retirement annuity or |
25 | | retirement pension payments shall resume and, if appropriate, |
26 | | be recalculated under the applicable provisions of this Code. |
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1 | | (i) (Blank). |
2 | | (j) In the case of a conflict between the provisions of |
3 | | this Section and any other provision of this Code, the |
4 | | provisions of this Section shall control.
|
5 | | (Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596, |
6 | | eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
|
7 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
|
8 | | (Text of Section WITHOUT the changes made by P.A. 98-599, |
9 | | which has been
held unconstitutional)
|
10 | | Sec. 14-110. Alternative retirement annuity.
|
11 | | (a) Any member who has withdrawn from service with not less |
12 | | than 20
years of eligible creditable service and has attained |
13 | | age 55, and any
member who has withdrawn from service with not |
14 | | less than 25 years of
eligible creditable service and has |
15 | | attained age 50, regardless of whether
the attainment of either |
16 | | of the specified ages occurs while the member is
still in |
17 | | service, shall be entitled to receive at the option of the |
18 | | member,
in lieu of the regular or minimum retirement annuity, a |
19 | | retirement annuity
computed as follows:
|
20 | | (i) for periods of service as a noncovered employee:
if |
21 | | retirement occurs on or after January 1, 2001, 3% of final
|
22 | | average compensation for each year of creditable service; |
23 | | if retirement occurs
before January 1, 2001, 2 1/4% of |
24 | | final average compensation for each of the
first 10 years |
25 | | of creditable service, 2 1/2% for each year above 10 years |
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1 | | to
and including 20 years of creditable service, and 2 3/4% |
2 | | for each year of
creditable service above 20 years; and
|
3 | | (ii) for periods of eligible creditable service as a |
4 | | covered employee:
if retirement occurs on or after January |
5 | | 1, 2001, 2.5% of final average
compensation for each year |
6 | | of creditable service; if retirement occurs before
January |
7 | | 1, 2001, 1.67% of final average compensation for each of |
8 | | the first
10 years of such service, 1.90% for each of the |
9 | | next 10 years of such service,
2.10% for each year of such |
10 | | service in excess of 20 but not exceeding 30, and
2.30% for |
11 | | each year in excess of 30.
|
12 | | Such annuity shall be subject to a maximum of 75% of final |
13 | | average
compensation if retirement occurs before January 1, |
14 | | 2001 or to a maximum
of 80% of final average compensation if |
15 | | retirement occurs on or after January
1, 2001.
|
16 | | These rates shall not be applicable to any service |
17 | | performed
by a member as a covered employee which is not |
18 | | eligible creditable service.
Service as a covered employee |
19 | | which is not eligible creditable service
shall be subject to |
20 | | the rates and provisions of Section 14-108.
|
21 | | (b) For the purpose of this Section, "eligible creditable |
22 | | service" means
creditable service resulting from service in one |
23 | | or more of the following
positions:
|
24 | | (1) State policeman;
|
25 | | (2) fire fighter in the fire protection service of a |
26 | | department;
|
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1 | | (3) air pilot;
|
2 | | (4) special agent;
|
3 | | (5) investigator for the Secretary of State;
|
4 | | (6) conservation police officer;
|
5 | | (7) investigator for the Department of Revenue or the |
6 | | Illinois Gaming Board;
|
7 | | (8) security employee of the Department of Human |
8 | | Services;
|
9 | | (9) Central Management Services security police |
10 | | officer;
|
11 | | (10) security employee of the Department of |
12 | | Corrections or the Department of Juvenile Justice;
|
13 | | (11) dangerous drugs investigator;
|
14 | | (12) investigator for the Department of State Police;
|
15 | | (13) investigator for the Office of the Attorney |
16 | | General;
|
17 | | (14) controlled substance inspector;
|
18 | | (15) investigator for the Office of the State's |
19 | | Attorneys Appellate
Prosecutor;
|
20 | | (16) Commerce Commission police officer;
|
21 | | (17) arson investigator;
|
22 | | (18) State highway maintenance worker ; . |
23 | | (19) security employee of the Department of Innovation |
24 | | and Technology.
|
25 | | A person employed in one of the positions specified in this |
26 | | subsection is
entitled to eligible creditable service for |
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1 | | service credit earned under this
Article while undergoing the |
2 | | basic police training course approved by the
Illinois Law |
3 | | Enforcement Training
Standards Board, if
completion of that |
4 | | training is required of persons serving in that position.
For |
5 | | the purposes of this Code, service during the required basic |
6 | | police
training course shall be deemed performance of the |
7 | | duties of the specified
position, even though the person is not |
8 | | a sworn peace officer at the time of
the training.
|
9 | | (c) For the purposes of this Section:
|
10 | | (1) The term "state policeman" includes any title or |
11 | | position
in the Department of State Police that is held by |
12 | | an individual employed
under the State Police Act.
|
13 | | (2) The term "fire fighter in the fire protection |
14 | | service of a
department" includes all officers in such fire |
15 | | protection service
including fire chiefs and assistant |
16 | | fire chiefs.
|
17 | | (3) The term "air pilot" includes any employee whose |
18 | | official job
description on file in the Department of |
19 | | Central Management Services, or
in the department by which |
20 | | he is employed if that department is not covered
by the |
21 | | Personnel Code, states that his principal duty is the |
22 | | operation of
aircraft, and who possesses a pilot's license; |
23 | | however, the change in this
definition made by this |
24 | | amendatory Act of 1983 shall not operate to exclude
any |
25 | | noncovered employee who was an "air pilot" for the purposes |
26 | | of this
Section on January 1, 1984.
|
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1 | | (4) The term "special agent" means any person who by |
2 | | reason of
employment by the Division of Narcotic Control, |
3 | | the Bureau of Investigation
or, after July 1, 1977, the |
4 | | Division of Criminal Investigation, the
Division of |
5 | | Internal Investigation, the Division of Operations, or any
|
6 | | other Division or organizational
entity in the Department |
7 | | of State Police is vested by law with duties to
maintain |
8 | | public order, investigate violations of the criminal law of |
9 | | this
State, enforce the laws of this State, make arrests |
10 | | and recover property.
The term "special agent" includes any |
11 | | title or position in the Department
of State Police that is |
12 | | held by an individual employed under the State
Police Act.
|
13 | | (5) The term "investigator for the Secretary of State" |
14 | | means any person
employed by the Office of the Secretary of |
15 | | State and vested with such
investigative duties as render |
16 | | him ineligible for coverage under the Social
Security Act |
17 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
18 | | 218(l)(1)
of that Act.
|
19 | | A person who became employed as an investigator for the |
20 | | Secretary of
State between January 1, 1967 and December 31, |
21 | | 1975, and who has served as
such until attainment of age |
22 | | 60, either continuously or with a single break
in service |
23 | | of not more than 3 years duration, which break terminated |
24 | | before
January 1, 1976, shall be entitled to have his |
25 | | retirement annuity
calculated in accordance with |
26 | | subsection (a), notwithstanding
that he has less than 20 |
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1 | | years of credit for such service.
|
2 | | (6) The term "Conservation Police Officer" means any |
3 | | person employed
by the Division of Law Enforcement of the |
4 | | Department of Natural Resources and
vested with such law |
5 | | enforcement duties as render him ineligible for coverage
|
6 | | under the Social Security Act by reason of Sections |
7 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
8 | | term "Conservation Police Officer" includes
the positions |
9 | | of Chief Conservation Police Administrator and Assistant
|
10 | | Conservation Police Administrator.
|
11 | | (7) The term "investigator for the Department of |
12 | | Revenue" means any
person employed by the Department of |
13 | | Revenue and vested with such
investigative duties as render |
14 | | him ineligible for coverage under the Social
Security Act |
15 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
16 | | 218(l)(1)
of that Act.
|
17 | | The term "investigator for the Illinois Gaming Board" |
18 | | means any
person employed as such by the Illinois Gaming |
19 | | Board and vested with such
peace officer duties as render |
20 | | the person ineligible for coverage under the Social
|
21 | | Security Act by reason of Sections 218(d)(5)(A), |
22 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
|
23 | | (8) The term "security employee of the Department of |
24 | | Human Services"
means any person employed by the Department |
25 | | of Human Services who (i) is
employed at the Chester Mental |
26 | | Health Center and has daily contact with the
residents |
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1 | | thereof, (ii) is employed within a security unit at a |
2 | | facility
operated by the Department and has daily contact |
3 | | with the residents of the
security unit, (iii) is employed |
4 | | at a facility operated by the Department
that includes a |
5 | | security unit and is regularly scheduled to work at least
|
6 | | 50% of his or her working hours within that security unit, |
7 | | or (iv) is a mental health police officer.
"Mental health |
8 | | police officer" means any person employed by the Department |
9 | | of
Human Services in a position pertaining to the |
10 | | Department's mental health and
developmental disabilities |
11 | | functions who is vested with such law enforcement
duties as |
12 | | render the person ineligible for coverage under the Social |
13 | | Security
Act by reason of Sections 218(d)(5)(A), |
14 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" |
15 | | means that portion of a facility that is devoted to
the |
16 | | care, containment, and treatment of persons committed to |
17 | | the Department of
Human Services as sexually violent |
18 | | persons, persons unfit to stand trial, or
persons not |
19 | | guilty by reason of insanity. With respect to past |
20 | | employment,
references to the Department of Human Services |
21 | | include its predecessor, the
Department of Mental Health |
22 | | and Developmental Disabilities.
|
23 | | The changes made to this subdivision (c)(8) by Public |
24 | | Act 92-14 apply to persons who retire on or after January |
25 | | 1,
2001, notwithstanding Section 1-103.1.
|
26 | | (9) "Central Management Services security police |
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1 | | officer" means any
person employed by the Department of |
2 | | Central Management Services who is
vested with such law |
3 | | enforcement duties as render him ineligible for
coverage |
4 | | under the Social Security Act by reason of Sections |
5 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
|
6 | | (10) For a member who first became an employee under |
7 | | this Article before July 1, 2005, the term "security |
8 | | employee of the Department of Corrections or the Department |
9 | | of Juvenile Justice"
means any employee of the Department |
10 | | of Corrections or the Department of Juvenile Justice or the |
11 | | former
Department of Personnel, and any member or employee |
12 | | of the Prisoner
Review Board, who has daily contact with |
13 | | inmates or youth by working within a
correctional facility |
14 | | or Juvenile facility operated by the Department of Juvenile |
15 | | Justice or who is a parole officer or an employee who has
|
16 | | direct contact with committed persons in the performance of |
17 | | his or her
job duties. For a member who first becomes an |
18 | | employee under this Article on or after July 1, 2005, the |
19 | | term means an employee of the Department of Corrections or |
20 | | the Department of Juvenile Justice who is any of the |
21 | | following: (i) officially headquartered at a correctional |
22 | | facility or Juvenile facility operated by the Department of |
23 | | Juvenile Justice, (ii) a parole officer, (iii) a member of |
24 | | the apprehension unit, (iv) a member of the intelligence |
25 | | unit, (v) a member of the sort team, or (vi) an |
26 | | investigator.
|
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1 | | (11) The term "dangerous drugs investigator" means any |
2 | | person who is
employed as such by the Department of Human |
3 | | Services.
|
4 | | (12) The term "investigator for the Department of State |
5 | | Police" means
a person employed by the Department of State |
6 | | Police who is vested under
Section 4 of the Narcotic |
7 | | Control Division Abolition Act with such
law enforcement |
8 | | powers as render him ineligible for coverage under the
|
9 | | Social Security Act by reason of Sections 218(d)(5)(A), |
10 | | 218(d)(8)(D) and
218(l)(1) of that Act.
|
11 | | (13) "Investigator for the Office of the Attorney |
12 | | General" means any
person who is employed as such by the |
13 | | Office of the Attorney General and
is vested with such |
14 | | investigative duties as render him ineligible for
coverage |
15 | | under the Social Security Act by reason of Sections |
16 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For |
17 | | the period before January 1,
1989, the term includes all |
18 | | persons who were employed as investigators by the
Office of |
19 | | the Attorney General, without regard to social security |
20 | | status.
|
21 | | (14) "Controlled substance inspector" means any person |
22 | | who is employed
as such by the Department of Professional |
23 | | Regulation and is vested with such
law enforcement duties |
24 | | as render him ineligible for coverage under the Social
|
25 | | Security Act by reason of Sections 218(d)(5)(A), |
26 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term |
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1 | | "controlled substance inspector" includes the Program
|
2 | | Executive of Enforcement and the Assistant Program |
3 | | Executive of Enforcement.
|
4 | | (15) The term "investigator for the Office of the |
5 | | State's Attorneys
Appellate Prosecutor" means a person |
6 | | employed in that capacity on a full
time basis under the |
7 | | authority of Section 7.06 of the State's Attorneys
|
8 | | Appellate Prosecutor's Act.
|
9 | | (16) "Commerce Commission police officer" means any |
10 | | person employed
by the Illinois Commerce Commission who is |
11 | | vested with such law
enforcement duties as render him |
12 | | ineligible for coverage under the Social
Security Act by |
13 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
|
14 | | 218(l)(1) of that Act.
|
15 | | (17) "Arson investigator" means any person who is |
16 | | employed as such by
the Office of the State Fire Marshal |
17 | | and is vested with such law enforcement
duties as render |
18 | | the person ineligible for coverage under the Social |
19 | | Security
Act by reason of Sections 218(d)(5)(A), |
20 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was |
21 | | employed as an arson
investigator on January 1, 1995 and is |
22 | | no longer in service but not yet
receiving a retirement |
23 | | annuity may convert his or her creditable service for
|
24 | | employment as an arson investigator into eligible |
25 | | creditable service by paying
to the System the difference |
26 | | between the employee contributions actually paid
for that |
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1 | | service and the amounts that would have been contributed if |
2 | | the
applicant were contributing at the rate applicable to |
3 | | persons with the same
social security status earning |
4 | | eligible creditable service on the date of
application.
|
5 | | (18) The term "State highway maintenance worker" means |
6 | | a person who is
either of the following:
|
7 | | (i) A person employed on a full-time basis by the |
8 | | Illinois
Department of Transportation in the position |
9 | | of
highway maintainer,
highway maintenance lead |
10 | | worker,
highway maintenance lead/lead worker,
heavy |
11 | | construction equipment operator,
power shovel |
12 | | operator, or
bridge mechanic; and
whose principal |
13 | | responsibility is to perform, on the roadway, the |
14 | | actual
maintenance necessary to keep the highways that |
15 | | form a part of the State
highway system in serviceable |
16 | | condition for vehicular traffic.
|
17 | | (ii) A person employed on a full-time basis by the |
18 | | Illinois
State Toll Highway Authority in the position |
19 | | of
equipment operator/laborer H-4,
equipment |
20 | | operator/laborer H-6,
welder H-4,
welder H-6,
|
21 | | mechanical/electrical H-4,
mechanical/electrical H-6,
|
22 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
23 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
24 | | roadway lighting H-6,
structural H-4,
structural H-6,
|
25 | | painter H-4, or
painter H-6; and
whose principal |
26 | | responsibility is to perform, on the roadway, the |
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|
1 | | actual
maintenance necessary to keep the Authority's |
2 | | tollways in serviceable condition
for vehicular |
3 | | traffic.
|
4 | | (19) The term "security employee of the Department of |
5 | | Innovation and Technology" means a person who was a |
6 | | security employee of the Department of Corrections or the |
7 | | Department of Juvenile Justice, was transferred to the |
8 | | Department of Innovation and Technology pursuant to |
9 | | Executive Order 2016-01, and continues to perform similar |
10 | | job functions under that Department. |
11 | | (d) A security employee of the Department of Corrections or |
12 | | the Department of Juvenile Justice, and a security
employee of |
13 | | the Department of Human Services who is not a mental health |
14 | | police
officer, and a security employee of the Department of |
15 | | Innovation and Technology shall not be eligible for the |
16 | | alternative retirement annuity provided
by this Section unless |
17 | | he or she meets the following minimum age and service
|
18 | | requirements at the time of retirement:
|
19 | | (i) 25 years of eligible creditable service and age 55; |
20 | | or
|
21 | | (ii) beginning January 1, 1987, 25 years of eligible |
22 | | creditable service
and age 54, or 24 years of eligible |
23 | | creditable service and age 55; or
|
24 | | (iii) beginning January 1, 1988, 25 years of eligible |
25 | | creditable service
and age 53, or 23 years of eligible |
26 | | creditable service and age 55; or
|
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1 | | (iv) beginning January 1, 1989, 25 years of eligible |
2 | | creditable service
and age 52, or 22 years of eligible |
3 | | creditable service and age 55; or
|
4 | | (v) beginning January 1, 1990, 25 years of eligible |
5 | | creditable service
and age 51, or 21 years of eligible |
6 | | creditable service and age 55; or
|
7 | | (vi) beginning January 1, 1991, 25 years of eligible |
8 | | creditable service
and age 50, or 20 years of eligible |
9 | | creditable service and age 55.
|
10 | | Persons who have service credit under Article 16 of this |
11 | | Code for service
as a security employee of the Department of |
12 | | Corrections or the Department of Juvenile Justice, or the |
13 | | Department
of Human Services in a position requiring |
14 | | certification as a teacher may
count such service toward |
15 | | establishing their eligibility under the service
requirements |
16 | | of this Section; but such service may be used only for
|
17 | | establishing such eligibility, and not for the purpose of |
18 | | increasing or
calculating any benefit.
|
19 | | (e) If a member enters military service while working in a |
20 | | position in
which eligible creditable service may be earned, |
21 | | and returns to State
service in the same or another such |
22 | | position, and fulfills in all other
respects the conditions |
23 | | prescribed in this Article for credit for military
service, |
24 | | such military service shall be credited as eligible creditable
|
25 | | service for the purposes of the retirement annuity prescribed |
26 | | in this Section.
|
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1 | | (f) For purposes of calculating retirement annuities under |
2 | | this
Section, periods of service rendered after December 31, |
3 | | 1968 and before
October 1, 1975 as a covered employee in the |
4 | | position of special agent,
conservation police officer, mental |
5 | | health police officer, or investigator
for the Secretary of |
6 | | State, shall be deemed to have been service as a
noncovered |
7 | | employee, provided that the employee pays to the System prior |
8 | | to
retirement an amount equal to (1) the difference between the |
9 | | employee
contributions that would have been required for such |
10 | | service as a
noncovered employee, and the amount of employee |
11 | | contributions actually
paid, plus (2) if payment is made after |
12 | | July 31, 1987, regular interest
on the amount specified in item |
13 | | (1) from the date of service to the date
of payment.
|
14 | | For purposes of calculating retirement annuities under |
15 | | this Section,
periods of service rendered after December 31, |
16 | | 1968 and before January 1,
1982 as a covered employee in the |
17 | | position of investigator for the
Department of Revenue shall be |
18 | | deemed to have been service as a noncovered
employee, provided |
19 | | that the employee pays to the System prior to retirement
an |
20 | | amount equal to (1) the difference between the employee |
21 | | contributions
that would have been required for such service as |
22 | | a noncovered employee,
and the amount of employee contributions |
23 | | actually paid, plus (2) if payment
is made after January 1, |
24 | | 1990, regular interest on the amount specified in
item (1) from |
25 | | the date of service to the date of payment.
|
26 | | (g) A State policeman may elect, not later than January 1, |
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| | SB1606 Engrossed | - 72 - | LRB100 11198 RPS 21501 b |
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1 | | 1990, to
establish eligible creditable service for up to 10 |
2 | | years of his service as
a policeman under Article 3, by filing |
3 | | a written election with the Board,
accompanied by payment of an |
4 | | amount to be determined by the Board, equal to
(i) the |
5 | | difference between the amount of employee and employer
|
6 | | contributions transferred to the System under Section 3-110.5, |
7 | | and the
amounts that would have been contributed had such |
8 | | contributions been made
at the rates applicable to State |
9 | | policemen, plus (ii) interest thereon at
the effective rate for |
10 | | each year, compounded annually, from the date of
service to the |
11 | | date of payment.
|
12 | | Subject to the limitation in subsection (i), a State |
13 | | policeman may elect,
not later than July 1, 1993, to establish |
14 | | eligible creditable service for
up to 10 years of his service |
15 | | as a member of the County Police Department
under Article 9, by |
16 | | filing a written election with the Board, accompanied
by |
17 | | payment of an amount to be determined by the Board, equal to |
18 | | (i) the
difference between the amount of employee and employer |
19 | | contributions
transferred to the System under Section 9-121.10 |
20 | | and the amounts that would
have been contributed had those |
21 | | contributions been made at the rates
applicable to State |
22 | | policemen, plus (ii) interest thereon at the effective
rate for |
23 | | each year, compounded annually, from the date of service to the
|
24 | | date of payment.
|
25 | | (h) Subject to the limitation in subsection (i), a State |
26 | | policeman or
investigator for the Secretary of State may elect |
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| | SB1606 Engrossed | - 73 - | LRB100 11198 RPS 21501 b |
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|
1 | | to establish eligible
creditable service for up to 12 years of |
2 | | his service as a policeman under
Article 5, by filing a written |
3 | | election with the Board on or before January
31, 1992, and |
4 | | paying to the System by January 31, 1994 an amount to be
|
5 | | determined by the Board, equal to (i) the difference between |
6 | | the amount of
employee and employer contributions transferred |
7 | | to the System under Section
5-236, and the amounts that would |
8 | | have been contributed had such
contributions been made at the |
9 | | rates applicable to State policemen, plus
(ii) interest thereon |
10 | | at the effective rate for each year, compounded
annually, from |
11 | | the date of service to the date of payment.
|
12 | | Subject to the limitation in subsection (i), a State |
13 | | policeman,
conservation police officer, or investigator for |
14 | | the Secretary of State may
elect to establish eligible |
15 | | creditable service for up to 10 years of
service as a sheriff's |
16 | | law enforcement employee under Article 7, by filing
a written |
17 | | election with the Board on or before January 31, 1993, and |
18 | | paying
to the System by January 31, 1994 an amount to be |
19 | | determined by the Board,
equal to (i) the difference between |
20 | | the amount of employee and
employer contributions transferred |
21 | | to the System under Section
7-139.7, and the amounts that would |
22 | | have been contributed had such
contributions been made at the |
23 | | rates applicable to State policemen, plus
(ii) interest thereon |
24 | | at the effective rate for each year, compounded
annually, from |
25 | | the date of service to the date of payment.
|
26 | | Subject to the limitation in subsection (i), a State |
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| | SB1606 Engrossed | - 74 - | LRB100 11198 RPS 21501 b |
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1 | | policeman,
conservation police officer, or investigator for |
2 | | the Secretary of State may
elect to establish eligible |
3 | | creditable service for up to 5 years of
service as a police |
4 | | officer under Article 3, a policeman under Article 5, a |
5 | | sheriff's law enforcement employee under Article 7, a member of |
6 | | the county police department under Article 9, or a police |
7 | | officer under Article 15 by filing
a written election with the |
8 | | Board and paying
to the System an amount to be determined by |
9 | | the Board,
equal to (i) the difference between the amount of |
10 | | employee and
employer contributions transferred to the System |
11 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
12 | | and the amounts that would have been contributed had such
|
13 | | contributions been made at the rates applicable to State |
14 | | policemen, plus
(ii) interest thereon at the effective rate for |
15 | | each year, compounded
annually, from the date of service to the |
16 | | date of payment. |
17 | | Subject to the limitation in subsection (i), an |
18 | | investigator for the Office of the Attorney General, or an |
19 | | investigator for the Department of Revenue, may elect to |
20 | | establish eligible creditable service for up to 5 years of |
21 | | service as a police officer under Article 3, a policeman under |
22 | | Article 5, a sheriff's law enforcement employee under Article |
23 | | 7, or a member of the county police department under Article 9 |
24 | | by filing a written election with the Board within 6 months |
25 | | after August 25, 2009 (the effective date of Public Act 96-745) |
26 | | and paying to the System an amount to be determined by the |
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|
1 | | Board, equal to (i) the difference between the amount of |
2 | | employee and employer contributions transferred to the System |
3 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
4 | | amounts that would have been contributed had such contributions |
5 | | been made at the rates applicable to State policemen, plus (ii) |
6 | | interest thereon at the actuarially assumed rate for each year, |
7 | | compounded annually, from the date of service to the date of |
8 | | payment. |
9 | | Subject to the limitation in subsection (i), a State |
10 | | policeman, conservation police officer, investigator for the |
11 | | Office of the Attorney General, an investigator for the |
12 | | Department of Revenue, or investigator for the Secretary of |
13 | | State may elect to establish eligible creditable service for up |
14 | | to 5 years of service as a person employed by a participating |
15 | | municipality to perform police duties, or law enforcement |
16 | | officer employed on a full-time basis by a forest preserve |
17 | | district under Article 7, a county corrections officer, or a |
18 | | court services officer under Article 9, by filing a written |
19 | | election with the Board within 6 months after August 25, 2009 |
20 | | (the effective date of Public Act 96-745) and paying to the |
21 | | System an amount to be determined by the Board, equal to (i) |
22 | | the difference between the amount of employee and employer |
23 | | contributions transferred to the System under Sections 7-139.8 |
24 | | and 9-121.10 and the amounts that would have been contributed |
25 | | had such contributions been made at the rates applicable to |
26 | | State policemen, plus (ii) interest thereon at the actuarially |
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| | SB1606 Engrossed | - 76 - | LRB100 11198 RPS 21501 b |
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1 | | assumed rate for each year, compounded annually, from the date |
2 | | of service to the date of payment. |
3 | | (i) The total amount of eligible creditable service |
4 | | established by any
person under subsections (g), (h), (j), (k), |
5 | | and (l) of this
Section shall not exceed 12 years.
|
6 | | (j) Subject to the limitation in subsection (i), an |
7 | | investigator for
the Office of the State's Attorneys Appellate |
8 | | Prosecutor or a controlled
substance inspector may elect to
|
9 | | establish eligible creditable service for up to 10 years of his |
10 | | service as
a policeman under Article 3 or a sheriff's law |
11 | | enforcement employee under
Article 7, by filing a written |
12 | | election with the Board, accompanied by
payment of an amount to |
13 | | be determined by the Board, equal to (1) the
difference between |
14 | | the amount of employee and employer contributions
transferred |
15 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
|
16 | | that would have been contributed had such contributions been |
17 | | made at the
rates applicable to State policemen, plus (2) |
18 | | interest thereon at the
effective rate for each year, |
19 | | compounded annually, from the date of service
to the date of |
20 | | payment.
|
21 | | (k) Subject to the limitation in subsection (i) of this |
22 | | Section, an
alternative formula employee may elect to establish |
23 | | eligible creditable
service for periods spent as a full-time |
24 | | law enforcement officer or full-time
corrections officer |
25 | | employed by the federal government or by a state or local
|
26 | | government located outside of Illinois, for which credit is not |
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|
1 | | held in any
other public employee pension fund or retirement |
2 | | system. To obtain this
credit, the applicant must file a |
3 | | written application with the Board by March
31, 1998, |
4 | | accompanied by evidence of eligibility acceptable to the Board |
5 | | and
payment of an amount to be determined by the Board, equal |
6 | | to (1) employee
contributions for the credit being established, |
7 | | based upon the applicant's
salary on the first day as an |
8 | | alternative formula employee after the employment
for which |
9 | | credit is being established and the rates then applicable to
|
10 | | alternative formula employees, plus (2) an amount determined by |
11 | | the Board
to be the employer's normal cost of the benefits |
12 | | accrued for the credit being
established, plus (3) regular |
13 | | interest on the amounts in items (1) and (2) from
the first day |
14 | | as an alternative formula employee after the employment for |
15 | | which
credit is being established to the date of payment.
|
16 | | (l) Subject to the limitation in subsection (i), a security |
17 | | employee of
the Department of Corrections may elect, not later |
18 | | than July 1, 1998, to
establish eligible creditable service for |
19 | | up to 10 years of his or her service
as a policeman under |
20 | | Article 3, by filing a written election with the Board,
|
21 | | accompanied by payment of an amount to be determined by the |
22 | | Board, equal to
(i) the difference between the amount of |
23 | | employee and employer contributions
transferred to the System |
24 | | under Section 3-110.5, and the amounts that would
have been |
25 | | contributed had such contributions been made at the rates |
26 | | applicable
to security employees of the Department of |
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|
1 | | Corrections, plus (ii) interest
thereon at the effective rate |
2 | | for each year, compounded annually, from the date
of service to |
3 | | the date of payment.
|
4 | | (m) The amendatory changes to this Section made by this |
5 | | amendatory Act of the 94th General Assembly apply only to: (1) |
6 | | security employees of the Department of Juvenile Justice |
7 | | employed by the Department of Corrections before the effective |
8 | | date of this amendatory Act of the 94th General Assembly and |
9 | | transferred to the Department of Juvenile Justice by this |
10 | | amendatory Act of the 94th General Assembly; and (2) persons |
11 | | employed by the Department of Juvenile Justice on or after the |
12 | | effective date of this amendatory Act of the 94th General |
13 | | Assembly who are required by subsection (b) of Section 3-2.5-15 |
14 | | of the Unified Code of Corrections to have a bachelor's or |
15 | | advanced degree from an accredited college or university with a |
16 | | specialization in criminal justice, education, psychology, |
17 | | social work, or a closely related social science or, in the |
18 | | case of persons who provide vocational training, who are |
19 | | required to have adequate knowledge in the skill for which they |
20 | | are providing the vocational training.
|
21 | | (n) A person employed in a position under subsection (b) of |
22 | | this Section who has purchased service credit under subsection |
23 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in |
24 | | any other capacity under this Article may convert up to 5 years |
25 | | of that service credit into service credit covered under this |
26 | | Section by paying to the Fund an amount equal to (1) the |
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1 | | additional employee contribution required under Section |
2 | | 14-133, plus (2) the additional employer contribution required |
3 | | under Section 14-131, plus (3) interest on items (1) and (2) at |
4 | | the actuarially assumed rate from the date of the service to |
5 | | the date of payment. |
6 | | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; |
7 | | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. |
8 | | 7-2-10.)
|
9 | | (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
|
10 | | Sec. 15-106. Employer. "Employer": The University of |
11 | | Illinois, Southern
Illinois University, Chicago State |
12 | | University, Eastern Illinois University,
Governors State |
13 | | University, Illinois State University, Northeastern Illinois
|
14 | | University, Northern Illinois University, Western Illinois |
15 | | University, the
State Board of Higher Education, the Illinois |
16 | | Mathematics and Science Academy,
the University Civil Service |
17 | | Merit Board, the Board of
Trustees of the State Universities |
18 | | Retirement System, the Illinois Community
College Board, |
19 | | community college
boards, any association of community college |
20 | | boards organized under Section
3-55 of the Public Community |
21 | | College Act, the Board of Examiners established
under the |
22 | | Illinois Public Accounting Act, and, only during the period for |
23 | | which
employer contributions required under Section 15-155 are |
24 | | paid, the following
organizations: the alumni associations, |
25 | | the foundations and the athletic
associations which are |
|
| | SB1606 Engrossed | - 80 - | LRB100 11198 RPS 21501 b |
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1 | | affiliated with the universities and colleges included
in this |
2 | | Section as employers. An individual who begins employment on or |
3 | | after the effective date of this amendatory Act of the 99th |
4 | | General Assembly with any association of community college |
5 | | boards organized under Section 3-55 of the Public Community |
6 | | College Act, the Association of Illinois Middle-Grade Schools, |
7 | | the Illinois Association of School Administrators, the |
8 | | Illinois Association for Supervision and Curriculum |
9 | | Development, the Illinois Principals Association, the Illinois |
10 | | Association of School Business Officials, the Illinois Special |
11 | | Olympics, or an entity not defined as an employer in this |
12 | | Section shall not be deemed an employee for the purposes of |
13 | | this Article with respect to that employment and shall not be |
14 | | eligible to participate in the System with respect to that |
15 | | employment; provided, however, that those individuals who are |
16 | | both employed by such an entity and are participating in the |
17 | | System with respect to that employment on the effective date of |
18 | | this amendatory Act of the 99th General Assembly shall be |
19 | | allowed to continue as participants in the System for the |
20 | | duration of that employment. |
21 | | A department as defined in Section 14-103.04 is
an employer |
22 | | for any person appointed by the Governor under the Civil
|
23 | | Administrative Code of Illinois who is a participating employee |
24 | | as defined in
Section 15-109. The Department of Central |
25 | | Management Services is an employer with respect to persons |
26 | | employed by the State Board of Higher Education in positions |
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1 | | with the Illinois Century Network as of June 30, 2004 who |
2 | | remain continuously employed after that date by the Department |
3 | | of Central Management Services in positions with the Illinois |
4 | | Century Network, the Bureau of Communication and Computer |
5 | | Services, or, if applicable, any successor bureau or the |
6 | | Department of Innovation and Technology .
|
7 | | The cities of Champaign and Urbana shall be considered
|
8 | | employers, but only during the period for which contributions |
9 | | are required to
be made under subsection (b-1) of Section |
10 | | 15-155 and only with respect to
individuals described in |
11 | | subsection (h) of Section 15-107.
|
12 | | (Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17 .)
|
13 | | Section 955. The Illinois Insurance Code is amended by |
14 | | changing Sections 408, 408.2, 1202, and 1206 as follows:
|
15 | | (215 ILCS 5/408) (from Ch. 73, par. 1020)
|
16 | | Sec. 408. Fees and charges.
|
17 | | (1) The Director shall charge, collect and
give proper |
18 | | acquittances for the payment of the following fees and charges:
|
19 | | (a) For filing all documents submitted for the |
20 | | incorporation or
organization or certification of a |
21 | | domestic company, except for a fraternal
benefit society, |
22 | | $2,000.
|
23 | | (b) For filing all documents submitted for the |
24 | | incorporation or
organization of a fraternal benefit |
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1 | | society, $500.
|
2 | | (c) For filing amendments to articles of incorporation |
3 | | and amendments to
declaration of organization, except for a |
4 | | fraternal benefit society, a
mutual benefit association, a |
5 | | burial society or a farm mutual, $200.
|
6 | | (d) For filing amendments to articles of incorporation |
7 | | of a fraternal
benefit society, a mutual benefit |
8 | | association or a burial society, $100.
|
9 | | (e) For filing amendments to articles of incorporation |
10 | | of a farm mutual,
$50.
|
11 | | (f) For filing bylaws or amendments thereto, $50.
|
12 | | (g) For filing agreement of merger or consolidation:
|
13 | | (i) for a domestic company, except
for a fraternal |
14 | | benefit society, a
mutual benefit association, a |
15 | | burial society,
or a farm mutual, $2,000.
|
16 | | (ii) for a foreign or
alien company, except for a |
17 | | fraternal
benefit society, $600.
|
18 | | (iii) for a fraternal benefit society,
a mutual |
19 | | benefit association, a burial society,
or a farm |
20 | | mutual, $200.
|
21 | | (h) For filing agreements of reinsurance by a domestic |
22 | | company, $200.
|
23 | | (i) For filing all documents submitted by a foreign or |
24 | | alien
company to be admitted to transact business or |
25 | | accredited as a
reinsurer in this State, except for a
|
26 | | fraternal benefit society, $5,000.
|
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1 | | (j) For filing all documents submitted by a foreign or |
2 | | alien
fraternal benefit society to be admitted to transact |
3 | | business
in this State, $500.
|
4 | | (k) For filing declaration of withdrawal of a foreign |
5 | | or
alien company, $50.
|
6 | | (l) For filing annual statement by a domestic company, |
7 | | except a fraternal benefit
society, a mutual benefit |
8 | | association, a burial society, or
a farm mutual, $200.
|
9 | | (m) For filing annual statement by a domestic fraternal |
10 | | benefit
society, $100.
|
11 | | (n) For filing annual statement by a farm mutual, a |
12 | | mutual benefit
association, or a burial society, $50.
|
13 | | (o) For issuing a certificate of authority or
renewal |
14 | | thereof except to a foreign fraternal benefit society, |
15 | | $400.
|
16 | | (p) For issuing a certificate of authority or renewal |
17 | | thereof to a foreign
fraternal benefit society, $200.
|
18 | | (q) For issuing an amended certificate of authority, |
19 | | $50.
|
20 | | (r) For each certified copy of certificate of |
21 | | authority, $20.
|
22 | | (s) For each certificate of deposit, or valuation, or |
23 | | compliance
or surety certificate, $20.
|
24 | | (t) For copies of papers or records per page, $1.
|
25 | | (u) For each certification to copies
of papers or |
26 | | records, $10.
|
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1 | | (v) For multiple copies of documents or certificates |
2 | | listed in
subparagraphs (r), (s), and (u) of paragraph (1) |
3 | | of this Section, $10 for
the first copy of a certificate of |
4 | | any type and $5 for each additional copy
of the same |
5 | | certificate requested at the same time, unless, pursuant to
|
6 | | paragraph (2) of this Section, the Director finds these |
7 | | additional fees
excessive.
|
8 | | (w) For issuing a permit to sell shares or increase |
9 | | paid-up
capital:
|
10 | | (i) in connection with a public stock offering, |
11 | | $300;
|
12 | | (ii) in any other case, $100.
|
13 | | (x) For issuing any other certificate required or |
14 | | permissible
under the law, $50.
|
15 | | (y) For filing a plan of exchange of the stock of a |
16 | | domestic
stock insurance company, a plan of |
17 | | demutualization of a domestic
mutual company, or a plan of |
18 | | reorganization under Article XII, $2,000.
|
19 | | (z) For filing a statement of acquisition of a
domestic |
20 | | company as defined in Section 131.4 of this Code, $2,000.
|
21 | | (aa) For filing an agreement to purchase the business |
22 | | of an
organization authorized under the Dental Service Plan |
23 | | Act
or the Voluntary Health Services Plans Act or
of a |
24 | | health maintenance
organization or a limited health |
25 | | service organization, $2,000.
|
26 | | (bb) For filing a statement of acquisition of a foreign |
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1 | | or alien
insurance company as defined in Section 131.12a of |
2 | | this Code, $1,000.
|
3 | | (cc) For filing a registration statement as required in |
4 | | Sections 131.13
and 131.14, the notification as required by |
5 | | Sections 131.16,
131.20a, or 141.4, or an
agreement or |
6 | | transaction required by Sections 124.2(2), 141, 141a, or
|
7 | | 141.1, $200.
|
8 | | (dd) For filing an application for licensing of:
|
9 | | (i) a religious or charitable risk pooling trust or |
10 | | a workers'
compensation pool, $1,000;
|
11 | | (ii) a workers' compensation service company, |
12 | | $500;
|
13 | | (iii) a self-insured automobile fleet, $200; or
|
14 | | (iv) a renewal of or amendment of any license |
15 | | issued pursuant to (i),
(ii), or (iii) above, $100.
|
16 | | (ee) For filing articles of incorporation for a |
17 | | syndicate to engage in
the business of insurance through |
18 | | the Illinois Insurance Exchange, $2,000.
|
19 | | (ff) For filing amended articles of incorporation for a |
20 | | syndicate engaged
in the business of insurance through the |
21 | | Illinois Insurance Exchange, $100.
|
22 | | (gg) For filing articles of incorporation for a limited |
23 | | syndicate to
join with other subscribers or limited |
24 | | syndicates to do business through
the Illinois Insurance |
25 | | Exchange, $1,000.
|
26 | | (hh) For filing amended articles of incorporation for a |
|
| | SB1606 Engrossed | - 86 - | LRB100 11198 RPS 21501 b |
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|
1 | | limited
syndicate to do business through the Illinois |
2 | | Insurance Exchange, $100.
|
3 | | (ii) For a permit to solicit subscriptions to a |
4 | | syndicate
or limited syndicate, $100.
|
5 | | (jj) For the filing of each form as required in Section |
6 | | 143 of this
Code, $50 per form. The fee for advisory and |
7 | | rating
organizations shall be $200 per form.
|
8 | | (i) For the purposes of the form filing fee, |
9 | | filings made on insert page
basis will be considered |
10 | | one form at the time of its original submission.
|
11 | | Changes made to a form subsequent to its approval shall |
12 | | be considered a
new filing.
|
13 | | (ii) Only one fee shall be charged for a form, |
14 | | regardless of the number
of other forms or policies |
15 | | with which it will be used.
|
16 | | (iii) Fees charged for a policy filed as it will be |
17 | | issued regardless of the number of forms comprising |
18 | | that policy shall not exceed $1,500. For advisory or |
19 | | rating organizations, fees charged for a policy filed |
20 | | as it will be issued regardless of the number of forms |
21 | | comprising that policy shall not exceed $2,500.
|
22 | | (iv) The Director may by rule exempt forms from |
23 | | such fees.
|
24 | | (kk) For filing an application for licensing of a |
25 | | reinsurance
intermediary, $500.
|
26 | | (ll) For filing an application for renewal of a license |
|
| | SB1606 Engrossed | - 87 - | LRB100 11198 RPS 21501 b |
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1 | | of a reinsurance
intermediary, $200.
|
2 | | (2) When printed copies or numerous copies of the same |
3 | | paper or records
are furnished or certified, the Director may |
4 | | reduce such fees for copies
if he finds them excessive. He may, |
5 | | when he considers it in the public
interest, furnish without |
6 | | charge to state insurance departments and persons
other than |
7 | | companies, copies or certified copies of reports of |
8 | | examinations
and of other papers and records.
|
9 | | (3) The expenses incurred in any performance
examination |
10 | | authorized by law shall be paid by the company or person being
|
11 | | examined. The charge shall be reasonably related to the cost of |
12 | | the
examination including but not limited to compensation of |
13 | | examiners,
electronic data processing costs, supervision and |
14 | | preparation of an
examination report and lodging and travel |
15 | | expenses.
All lodging and travel expenses shall be in accord
|
16 | | with the applicable travel regulations as published by the |
17 | | Department of
Central Management Services and approved by the |
18 | | Governor's Travel Control
Board, except that out-of-state |
19 | | lodging and travel expenses related to
examinations authorized |
20 | | under Section 132 shall be in accordance with
travel rates |
21 | | prescribed under paragraph 301-7.2 of the Federal Travel
|
22 | | Regulations, 41 C.F.R. 301-7.2, for reimbursement of |
23 | | subsistence expenses
incurred during official travel. All |
24 | | lodging and travel expenses may be reimbursed directly upon |
25 | | authorization of the
Director. With the exception of the
direct |
26 | | reimbursements authorized by the
Director, all performance |
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| | SB1606 Engrossed | - 88 - | LRB100 11198 RPS 21501 b |
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|
1 | | examination charges collected by the
Department shall be paid
|
2 | | to the Insurance Producer Administration Fund,
however, the |
3 | | electronic data processing costs
incurred by the Department in |
4 | | the performance of any examination shall be
billed directly to |
5 | | the company being examined for payment to the
Technology |
6 | | Management Statistical Services Revolving Fund.
|
7 | | (4) At the time of any service of process on the Director
|
8 | | as attorney for such service, the Director shall charge and |
9 | | collect the
sum of $20, which may be recovered as taxable costs |
10 | | by
the party to the suit or action causing such service to be |
11 | | made if he prevails
in such suit or action.
|
12 | | (5) (a) The costs incurred by the Department of Insurance
|
13 | | in conducting any hearing authorized by law shall be assessed |
14 | | against the
parties to the hearing in such proportion as the |
15 | | Director of Insurance may
determine upon consideration of all |
16 | | relevant circumstances including: (1)
the nature of the |
17 | | hearing; (2) whether the hearing was instigated by, or
for the |
18 | | benefit of a particular party or parties; (3) whether there is |
19 | | a
successful party on the merits of the proceeding; and (4) the |
20 | | relative levels
of participation by the parties.
|
21 | | (b) For purposes of this subsection (5) costs incurred |
22 | | shall
mean the hearing officer fees, court reporter fees, and |
23 | | travel expenses
of Department of Insurance officers and |
24 | | employees; provided however, that
costs incurred shall not |
25 | | include hearing officer fees or court reporter
fees unless the |
26 | | Department has retained the services of independent
|
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| | SB1606 Engrossed | - 89 - | LRB100 11198 RPS 21501 b |
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|
1 | | contractors or outside experts to perform such functions.
|
2 | | (c) The Director shall make the assessment of costs |
3 | | incurred as part of
the final order or decision arising out of |
4 | | the proceeding; provided, however,
that such order or decision |
5 | | shall include findings and conclusions in support
of the |
6 | | assessment of costs. This subsection (5) shall not be construed |
7 | | as
permitting the payment of travel expenses unless calculated |
8 | | in accordance
with the applicable travel regulations of the |
9 | | Department
of Central Management Services, as approved by the |
10 | | Governor's Travel Control
Board. The Director as part of such |
11 | | order or decision shall require all
assessments for hearing |
12 | | officer fees and court reporter fees, if any, to
be paid |
13 | | directly to the hearing officer or court reporter by the |
14 | | party(s)
assessed for such costs. The assessments for travel |
15 | | expenses of Department
officers and employees shall be |
16 | | reimbursable to the
Director of Insurance for
deposit to the |
17 | | fund out of which those expenses had been paid.
|
18 | | (d) The provisions of this subsection (5) shall apply in |
19 | | the case of any
hearing conducted by the Director of Insurance |
20 | | not otherwise specifically
provided for by law.
|
21 | | (6) The Director shall charge and collect an annual |
22 | | financial
regulation fee from every domestic company for |
23 | | examination and analysis of
its financial condition and to fund |
24 | | the internal costs and expenses of the
Interstate Insurance |
25 | | Receivership Commission as may be allocated to the State
of |
26 | | Illinois and companies doing an insurance business in this |
|
| | SB1606 Engrossed | - 90 - | LRB100 11198 RPS 21501 b |
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1 | | State pursuant to
Article X of the Interstate Insurance |
2 | | Receivership Compact. The fee shall be
the greater fixed amount |
3 | | based upon
the combination of nationwide direct premium income |
4 | | and
nationwide reinsurance
assumed premium
income or upon |
5 | | admitted assets calculated under this subsection as follows:
|
6 | | (a) Combination of nationwide direct premium income |
7 | | and
nationwide reinsurance assumed premium.
|
8 | | (i) $150, if the premium is less than $500,000 and |
9 | | there is
no
reinsurance assumed premium;
|
10 | | (ii) $750, if the premium is $500,000 or more, but |
11 | | less
than $5,000,000
and there is no reinsurance |
12 | | assumed premium; or if the premium is less than
|
13 | | $5,000,000 and the reinsurance assumed premium is less |
14 | | than $10,000,000;
|
15 | | (iii) $3,750, if the premium is less than |
16 | | $5,000,000 and
the reinsurance
assumed premium is |
17 | | $10,000,000 or more;
|
18 | | (iv) $7,500, if the premium is $5,000,000 or more, |
19 | | but
less than
$10,000,000;
|
20 | | (v) $18,000, if the premium is $10,000,000 or more, |
21 | | but
less than $25,000,000;
|
22 | | (vi) $22,500, if the premium is $25,000,000 or |
23 | | more, but
less
than $50,000,000;
|
24 | | (vii) $30,000, if the premium is $50,000,000 or |
25 | | more,
but less than $100,000,000;
|
26 | | (viii) $37,500, if the premium is $100,000,000 or |
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| | SB1606 Engrossed | - 91 - | LRB100 11198 RPS 21501 b |
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|
1 | | more.
|
2 | | (b) Admitted assets.
|
3 | | (i) $150, if admitted assets are less than |
4 | | $1,000,000;
|
5 | | (ii) $750, if admitted assets are $1,000,000 or |
6 | | more, but
less than
$5,000,000;
|
7 | | (iii) $3,750, if admitted assets are $5,000,000 or |
8 | | more,
but less than
$25,000,000;
|
9 | | (iv) $7,500, if admitted assets are $25,000,000 or |
10 | | more,
but less than
$50,000,000;
|
11 | | (v) $18,000, if admitted assets are $50,000,000 or |
12 | | more,
but less than
$100,000,000;
|
13 | | (vi) $22,500, if admitted assets are $100,000,000 |
14 | | or
more, but less
than $500,000,000;
|
15 | | (vii) $30,000, if admitted assets are $500,000,000 |
16 | | or
more, but less
than $1,000,000,000;
|
17 | | (viii) $37,500, if admitted assets are |
18 | | $1,000,000,000
or more.
|
19 | | (c) The sum of financial regulation fees charged to the |
20 | | domestic
companies of the same affiliated group shall not |
21 | | exceed $250,000
in the aggregate in any single year and |
22 | | shall be billed by the Director to
the member company |
23 | | designated by the
group.
|
24 | | (7) The Director shall charge and collect an annual |
25 | | financial regulation
fee from every foreign or alien company, |
26 | | except fraternal benefit
societies, for the
examination and |
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| | SB1606 Engrossed | - 92 - | LRB100 11198 RPS 21501 b |
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|
1 | | analysis of its financial condition and to fund the internal
|
2 | | costs and expenses of the Interstate Insurance Receivership |
3 | | Commission as may
be allocated to the State of Illinois and |
4 | | companies doing an insurance business
in this State pursuant to |
5 | | Article X of the Interstate Insurance Receivership
Compact.
The |
6 | | fee shall be a fixed amount based upon Illinois direct premium |
7 | | income
and nationwide reinsurance assumed premium income in |
8 | | accordance with the
following schedule:
|
9 | | (a) $150, if the premium is less than $500,000 and |
10 | | there is
no
reinsurance assumed premium;
|
11 | | (b) $750, if the premium is $500,000 or more, but less |
12 | | than
$5,000,000
and there is no reinsurance assumed |
13 | | premium;
or if the premium is less than $5,000,000 and the |
14 | | reinsurance assumed
premium is less than $10,000,000;
|
15 | | (c) $3,750, if the premium is less than $5,000,000 and |
16 | | the
reinsurance
assumed premium is $10,000,000 or more;
|
17 | | (d) $7,500, if the premium is $5,000,000 or more, but |
18 | | less
than
$10,000,000;
|
19 | | (e) $18,000, if the premium is $10,000,000 or more, but
|
20 | | less than
$25,000,000;
|
21 | | (f) $22,500, if the premium is $25,000,000 or more, but
|
22 | | less than
$50,000,000;
|
23 | | (g) $30,000, if the premium is $50,000,000 or more, but
|
24 | | less than
$100,000,000;
|
25 | | (h) $37,500, if the premium is $100,000,000 or more.
|
26 | | The sum of financial regulation fees under this subsection |
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| | SB1606 Engrossed | - 93 - | LRB100 11198 RPS 21501 b |
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|
1 | | (7)
charged to the foreign or alien companies within the same |
2 | | affiliated group
shall not exceed $250,000 in the aggregate in |
3 | | any single year
and shall be
billed by the Director to the |
4 | | member company designated by the group.
|
5 | | (8) Beginning January 1, 1992, the financial regulation |
6 | | fees imposed
under subsections (6) and (7)
of this Section |
7 | | shall be paid by each company or domestic affiliated group
|
8 | | annually. After January
1, 1994, the fee shall be billed by |
9 | | Department invoice
based upon the company's
premium income or |
10 | | admitted assets as shown in its annual statement for the
|
11 | | preceding calendar year. The invoice is due upon
receipt and |
12 | | must be paid no later than June 30 of each calendar year. All
|
13 | | financial
regulation fees collected by the Department shall be |
14 | | paid to the Insurance
Financial Regulation Fund. The Department |
15 | | may not collect financial
examiner per diem charges from |
16 | | companies subject to subsections (6) and (7)
of this Section |
17 | | undergoing financial examination
after June 30, 1992.
|
18 | | (9) In addition to the financial regulation fee required by |
19 | | this
Section, a company undergoing any financial examination |
20 | | authorized by law
shall pay the following costs and expenses |
21 | | incurred by the Department:
electronic data processing costs, |
22 | | the expenses authorized under Section 131.21
and
subsection (d) |
23 | | of Section 132.4 of this Code, and lodging and travel expenses.
|
24 | | Electronic data processing costs incurred by the |
25 | | Department in the
performance of any examination shall be |
26 | | billed directly to the company
undergoing examination for |
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| | SB1606 Engrossed | - 94 - | LRB100 11198 RPS 21501 b |
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1 | | payment to the Technology Management Statistical Services |
2 | | Revolving
Fund. Except for direct reimbursements authorized by |
3 | | the Director or
direct payments made under Section 131.21 or |
4 | | subsection (d) of Section
132.4 of this Code, all financial |
5 | | regulation fees and all financial
examination charges |
6 | | collected by the Department shall be paid to the
Insurance |
7 | | Financial Regulation Fund.
|
8 | | All lodging and travel expenses shall be in accordance with |
9 | | applicable
travel regulations published by the Department of |
10 | | Central Management
Services and approved by the Governor's |
11 | | Travel Control Board, except that
out-of-state lodging and |
12 | | travel expenses related to examinations authorized
under |
13 | | Sections 132.1 through 132.7 shall be in accordance
with travel |
14 | | rates prescribed
under paragraph 301-7.2 of the Federal Travel |
15 | | Regulations, 41 C.F.R. 301-7.2,
for reimbursement of |
16 | | subsistence expenses incurred during official travel.
All |
17 | | lodging and travel expenses may be
reimbursed directly upon the |
18 | | authorization of the Director.
|
19 | | In the case of an organization or person not subject to the |
20 | | financial
regulation fee, the expenses incurred in any |
21 | | financial examination authorized
by law shall be paid by the |
22 | | organization or person being examined. The charge
shall be |
23 | | reasonably related to the cost of the examination including, |
24 | | but not
limited to, compensation of examiners and other costs |
25 | | described in this
subsection.
|
26 | | (10) Any company, person, or entity failing to make any |
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| | SB1606 Engrossed | - 95 - | LRB100 11198 RPS 21501 b |
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1 | | payment of $150
or more as required under this Section shall be |
2 | | subject to the penalty and
interest provisions provided for in |
3 | | subsections (4) and (7)
of Section 412.
|
4 | | (11) Unless otherwise specified, all of the fees collected |
5 | | under this
Section shall be paid into the Insurance Financial |
6 | | Regulation Fund.
|
7 | | (12) For purposes of this Section:
|
8 | | (a) "Domestic company" means a company as defined in |
9 | | Section 2 of this
Code which is incorporated or organized |
10 | | under the laws of this State, and in
addition includes a |
11 | | not-for-profit corporation authorized under the Dental
|
12 | | Service Plan Act or the Voluntary Health
Services Plans |
13 | | Act, a health maintenance organization, and a
limited
|
14 | | health service organization.
|
15 | | (b) "Foreign company" means a company as defined in |
16 | | Section 2 of this
Code which is incorporated or organized |
17 | | under the laws of any state of the
United States other than |
18 | | this State and in addition includes a health
maintenance |
19 | | organization and a limited health service organization |
20 | | which is
incorporated or organized under the laws
of any |
21 | | state of the United States other than this State.
|
22 | | (c) "Alien company" means a company as defined in |
23 | | Section 2 of this Code
which is incorporated or organized |
24 | | under the laws of any country other than
the United States.
|
25 | | (d) "Fraternal benefit society" means a corporation, |
26 | | society, order,
lodge or voluntary association as defined |
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| | SB1606 Engrossed | - 96 - | LRB100 11198 RPS 21501 b |
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|
1 | | in Section 282.1 of this
Code.
|
2 | | (e) "Mutual benefit association" means a company, |
3 | | association or
corporation authorized by the Director to do |
4 | | business in this State under
the provisions of Article |
5 | | XVIII of this Code.
|
6 | | (f) "Burial society" means a person, firm, |
7 | | corporation, society or
association of individuals |
8 | | authorized by the Director to do business in
this State |
9 | | under the provisions of Article XIX of this Code.
|
10 | | (g) "Farm mutual" means a district, county and township |
11 | | mutual insurance
company authorized by the Director to do |
12 | | business in this State under the
provisions of the Farm |
13 | | Mutual Insurance Company Act of 1986.
|
14 | | (Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11; |
15 | | 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
|
16 | | (215 ILCS 5/408.2) (from Ch. 73, par. 1020.2)
|
17 | | Sec. 408.2. Statistical Services. Any public record, or any |
18 | | data obtained
by the Department of Insurance, which is subject |
19 | | to public inspection or
copying and which is maintained on a |
20 | | computer processible medium, may be
furnished in a computer |
21 | | processed or computer processible medium upon the
written |
22 | | request of any applicant and the payment of a reasonable fee
|
23 | | established by the Director sufficient to cover the total cost |
24 | | of the
Department for processing, maintaining and generating |
25 | | such computer
processible records or data, except to the extent |
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| | SB1606 Engrossed | - 97 - | LRB100 11198 RPS 21501 b |
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|
1 | | of any salaries or
compensation of Department officers or |
2 | | employees.
|
3 | | The Director of Insurance is specifically authorized to |
4 | | contract with
members of the public at large, enter waiver |
5 | | agreements, or otherwise enter
written agreements for the |
6 | | purpose of assuring public access to the
Department's computer |
7 | | processible records or data, or for the purpose of
restricting, |
8 | | controlling or limiting such access where necessary to protect
|
9 | | the confidentiality of individuals, companies or other |
10 | | entities identified
by such documents.
|
11 | | All fees collected by the Director under this Section 408.2 |
12 | | shall be
deposited in the Technology Management Statistical |
13 | | Services Revolving Fund and credited to the
account of the |
14 | | Department of Insurance. Any surplus funds remaining in
such |
15 | | account at the close of any fiscal year shall be delivered to |
16 | | the
State Treasurer for deposit in the Insurance Financial |
17 | | Regulation Fund.
|
18 | | (Source: P.A. 84-989.)
|
19 | | (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
|
20 | | Sec. 1202. Duties. The Director shall:
|
21 | | (a) determine the relationship of insurance premiums |
22 | | and related income
as compared to insurance costs and |
23 | | expenses and provide such information to
the General |
24 | | Assembly and the general public;
|
25 | | (b) study the insurance system in the State of |
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| | SB1606 Engrossed | - 98 - | LRB100 11198 RPS 21501 b |
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|
1 | | Illinois, and recommend
to the General Assembly what it |
2 | | deems to be the most appropriate and
comprehensive cost |
3 | | containment system for the State;
|
4 | | (c) respond to the requests by agencies of government |
5 | | and the General
Assembly for special studies and analysis |
6 | | of data collected pursuant to
this Article. Such reports |
7 | | shall be made available in a form prescribed by
the |
8 | | Director. The Director may also determine a fee to be |
9 | | charged to the
requesting agency to cover the direct and |
10 | | indirect costs for producing such
a report, and shall |
11 | | permit affected insurers the right to review the
accuracy |
12 | | of the report before it is released. The fees shall
be |
13 | | deposited
into the Technology Management Statistical |
14 | | Services Revolving Fund and credited to the account
of the |
15 | | Department of Insurance;
|
16 | | (d) make an interim report to the General Assembly no |
17 | | later than August
15, 1987, and an annual report to the |
18 | | General Assembly no later than July 1
every year thereafter |
19 | | which shall include the Director's findings and
|
20 | | recommendations regarding its duties as provided under |
21 | | subsections (a),
(b), and (c) of this Section.
|
22 | | (Source: P.A. 98-226, eff. 1-1-14; 99-642, eff. 7-28-16.)
|
23 | | (215 ILCS 5/1206) (from Ch. 73, par. 1065.906)
|
24 | | Sec. 1206. Expenses. The companies required to file reports |
25 | | under this
Article shall pay a reasonable fee established by |
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| | SB1606 Engrossed | - 99 - | LRB100 11198 RPS 21501 b |
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|
1 | | the Director sufficient
to cover the total cost of the |
2 | | Department incident to or associated
with the administration |
3 | | and enforcement of this Article, including the
collection, |
4 | | analysis and distribution of the insurance cost data, the
|
5 | | conversion of hard copy reports to tape, and the compilation |
6 | | and
analysis of basic reports.
The Director may establish a |
7 | | schedule of fees for this purpose.
Expenses for additional |
8 | | reports shall be billed
to those requesting the reports. Any |
9 | | such fees collected under this Section
shall be paid to the |
10 | | Director of Insurance and deposited into the
Technology |
11 | | Management Statistical Services Revolving Fund and credited to |
12 | | the account of the
Department of Insurance.
|
13 | | (Source: P.A. 84-1431.)
|
14 | | Section 960. The Hydraulic Fracturing Regulatory Act is |
15 | | amended by changing Section 1-110 as follows:
|
16 | | (225 ILCS 732/1-110)
|
17 | | Sec. 1-110. Public information; website. |
18 | | (a) All information submitted to the Department under this |
19 | | Act is deemed public information, except information deemed to |
20 | | constitute a trade secret under Section 1-77 of this Act and |
21 | | private information and personal information as defined in the |
22 | | Freedom of Information Act. |
23 | | (b) To provide the public and concerned citizens with a |
24 | | centralized repository of information, the Department , in |
|
| | SB1606 Engrossed | - 100 - | LRB100 11198 RPS 21501 b |
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|
1 | | consultation with the Department of Innovation and Technology, |
2 | | shall create and maintain a comprehensive website dedicated to |
3 | | providing information concerning high volume horizontal |
4 | | hydraulic fracturing operations. The website shall contain, |
5 | | assemble, and link the documents and information required by |
6 | | this Act to be posted on the Department's or other agencies' |
7 | | websites. The Department of Innovation and Technology, on |
8 | | behalf of the Department, shall also create and maintain an |
9 | | online searchable database that provides information related |
10 | | to high volume horizontal hydraulic fracturing operations on |
11 | | wells that, at a minimum, includes, for each well it permits, |
12 | | the identity of its operators, its waste disposal, its chemical |
13 | | disclosure information, and any complaints or violations under |
14 | | this Act. The website created under this Section shall allow |
15 | | users to search for completion reports by well name and |
16 | | location, dates of fracturing and drilling operations, |
17 | | operator, and by chemical additives.
|
18 | | (Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.)
|
19 | | Section 965. The Illinois Public Aid Code is amended by |
20 | | changing Section 12-10.10 as follows:
|
21 | | (305 ILCS 5/12-10.10) |
22 | | Sec. 12-10.10. DHS Technology Initiative Fund. |
23 | | (a) The DHS Technology Initiative Fund is hereby created as |
24 | | a trust fund within the State treasury with the State Treasurer |
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| | SB1606 Engrossed | - 101 - | LRB100 11198 RPS 21501 b |
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|
1 | | as the ex-officio custodian of the Fund. |
2 | | (b) The Department of Human Services may accept and receive |
3 | | grants, awards, gifts, and bequests from any source, public or |
4 | | private, in support of information technology initiatives. |
5 | | Moneys received in support of information technology |
6 | | initiatives, and any interest earned thereon, shall be |
7 | | deposited into the DHS Technology Initiative Fund. |
8 | | (c) Moneys in the Fund may be used by the Department of |
9 | | Human Services for the purpose of making grants associated with |
10 | | the development and implementation of information technology |
11 | | projects or paying for operational expenses of the Department |
12 | | of Human Services related to such projects. |
13 | | (d) The Department of Human Services, in consultation with |
14 | | the Department of Innovation and Technology, shall use the |
15 | | funds deposited in the DHS Technology Fund to pay for |
16 | | information technology solutions either provided by Department |
17 | | of Innovation and Technology or arranged or coordinated by the |
18 | | Department of Innovation and Technology.
|
19 | | (Source: P.A. 98-24, eff. 6-19-13.)
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20 | | Section 970. The Methamphetamine Precursor Tracking Act is |
21 | | amended by changing Section 20 as follows:
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22 | | (720 ILCS 649/20)
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23 | | Sec. 20. Secure website.
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24 | | (a) The Illinois State Police , in consultation with the |
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1 | | Department of Innovation and Technology, shall establish a |
2 | | secure website for the transmission of electronic transaction |
3 | | records and make it available free of charge to covered |
4 | | pharmacies.
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5 | | (b) The secure website shall enable covered pharmacies to |
6 | | transmit to the Central Repository an electronic transaction |
7 | | record each time the pharmacy distributes a targeted |
8 | | methamphetamine precursor to a recipient.
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9 | | (c) If the secure website becomes unavailable to a covered |
10 | | pharmacy, the covered pharmacy may, during the period in which |
11 | | the secure website is not available, continue to distribute |
12 | | targeted methamphetamine precursor without using the secure |
13 | | website if, during this period, the covered pharmacy maintains |
14 | | and transmits handwritten logs as described in Sections 20 and |
15 | | 25 of the Methamphetamine Precursor Control Act.
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16 | | (Source: P.A. 97-670, eff. 1-19-12.)
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17 | | Section 975. The Workers' Compensation Act is amended by |
18 | | changing Section 17 as follows:
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19 | | (820 ILCS 305/17) (from Ch. 48, par. 138.17)
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20 | | Sec. 17. The Commission shall cause to be printed and |
21 | | furnish free of
charge upon request by any employer or employee |
22 | | such blank forms as may
facilitate or promote efficient |
23 | | administration and the performance of
the duties of the |
24 | | Commission. It shall provide a proper record in which
shall be |
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1 | | entered and indexed the name of any employer who shall file a
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2 | | notice of declination or withdrawal under this Act, and the |
3 | | date of the
filing thereof; and a proper record in which shall |
4 | | be entered and
indexed the name of any employee who shall file |
5 | | such notice of
declination or withdrawal, and the date of the |
6 | | filing thereof; and such
other notices as may be required by |
7 | | this Act; and records in which shall
be recorded all |
8 | | proceedings, orders and awards had or made by the
Commission or |
9 | | by the arbitration committees, and such other books or
records |
10 | | as it shall deem
necessary, all such records to be kept in the
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11 | | office of the Commission.
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12 | | The Commission may destroy all papers and documents which |
13 | | have been
on file for more than 5 years where there is no claim |
14 | | for compensation
pending or where more than 2 years have |
15 | | elapsed since the termination of
the compensation period.
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16 | | The Commission shall compile and distribute to interested |
17 | | persons aggregate
statistics, taken from any records and |
18 | | reports in the possession of the
Commission. The aggregate |
19 | | statistics shall not give the names or otherwise
identify |
20 | | persons sustaining injuries or disabilities or the employer of
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21 | | any injured person or person with a disability.
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22 | | The Commission is authorized to establish reasonable fees |
23 | | and methods
of payment limited to covering only the costs to |
24 | | the Commission for processing,
maintaining and generating |
25 | | records or data necessary for the computerized
production of |
26 | | documents, records and other materials except to the extent
of |
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1 | | any salaries or compensation of Commission officers or |
2 | | employees.
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3 | | All fees collected by the Commission under this Section |
4 | | shall be deposited
in the Technology Management Statistical |
5 | | Services Revolving Fund and credited to the account of
the |
6 | | Illinois Workers' Compensation Commission.
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7 | | (Source: P.A. 99-143, eff. 7-27-15.)
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8 | | Section 980. The Workers' Occupational Diseases Act is |
9 | | amended by changing Section 17 as follows:
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10 | | (820 ILCS 310/17) (from Ch. 48, par. 172.52)
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11 | | Sec. 17. The Commission shall cause to be printed and shall |
12 | | furnish
free of charge upon request by any employer or employee |
13 | | such blank forms
as it shall deem requisite to facilitate or |
14 | | promote the efficient
administration of this Act, and the |
15 | | performance of the duties of the
Commission. It shall provide a |
16 | | proper record in which shall be entered
and indexed the name of |
17 | | any employer who shall file a notice of election
under this |
18 | | Act, and the date of the filing thereof; and a proper record
in |
19 | | which shall be entered and indexed the name of any employee who |
20 | | shall
file a notice of election, and the date of the filing |
21 | | thereof; and such
other notices as may be required by this Act; |
22 | | and records in which shall
be recorded all proceedings, orders |
23 | | and awards had or made by the
Commission, or by the arbitration |
24 | | committees, and such other books or
records as it shall deem |
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1 | | necessary, all such records to be kept in the
office of the |
2 | | Commission. The Commission, in its discretion, may destroy
all |
3 | | papers and documents except notices of election and waivers |
4 | | which
have been on file for more than five years where there is |
5 | | no claim for
compensation pending, or where more than two years |
6 | | have elapsed since
the termination of the compensation period.
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7 | | The Commission shall compile and distribute to interested |
8 | | persons aggregate
statistics, taken from any records and |
9 | | reports in the possession of the
Commission. The aggregate |
10 | | statistics shall not give the names or otherwise
identify |
11 | | persons sustaining injuries or disabilities or the employer of
|
12 | | any injured person or person with a disability.
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13 | | The Commission is authorized to establish reasonable fees |
14 | | and methods
of payment limited to covering only the costs to |
15 | | the Commission for processing,
maintaining and generating |
16 | | records or data necessary for the computerized
production of |
17 | | documents, records and other materials except to the extent
of |
18 | | any salaries or compensation of Commission officers or |
19 | | employees.
|
20 | | All fees collected by the Commission under this Section |
21 | | shall be deposited
in the Technology Management Statistical |
22 | | Services Revolving Fund and credited to the account of
the |
23 | | Illinois Workers' Compensation Commission.
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24 | | (Source: P.A. 99-143, eff. 7-27-15.)
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25 | | Section 995. No acceleration or delay. Where this Act makes |
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1 | | changes in a statute that is represented in this Act by text |
2 | | that is not yet or no longer in effect (for example, a Section |
3 | | represented by multiple versions), the use of that text does |
4 | | not accelerate or delay the taking effect of (i) the changes |
5 | | made by this Act or (ii) provisions derived from any other |
6 | | Public Act.
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7 | | Section 997. Severability. The provisions of this Act are |
8 | | severable under Section 1.31 of the Statute on Statutes.
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