SB 3195 — BUDGET IMPLEMENTATION-FY2005

"Employee" also includes each officer or employee in the service of a qualified local government, including persons appointed as trustees of sanitary districts regardless of hours devoted to the service of the sanitary district, and each employee in the service of a qualified rehabilitation facility and each full-time employee in the service of a qualified domestic violence shelter or service, as determined according to rules promulgated by the Director.

(l) "Member" means an employee, annuitant, retired employee or survivor.

SB3195 Enrolled - 7 - LRB093 21118 RCE 47172 b (m) "Optional coverages or benefits" means those coverages or benefits available to the member on his or her voluntary election, and at his or her own expense.

(n) "Program" means the group life insurance, health benefits and other employee benefits designed and contracted for by the Director under this Act.

(o) "Health plan" means a health benefits program offered by the State of Illinois for persons eligible for the plan.

(p) "Retired employee" means any person who would be an annuitant as that term is defined herein but for the fact that such person retired prior to January 1, 1966.

Such term also includes any person formerly employed by the University of Illinois in the Cooperative Extension Service who would be an annuitant but for the fact that such person was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code.

(q) "Survivor" means a person receiving an annuity as a survivor of an employee or of an annuitant.

"Survivor" also includes:

(1) the surviving dependent of a person who satisfies the definition of "employee" except that such person is made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code;

(2) the surviving dependent of any person formerly employed by the University of Illinois in the Cooperative Extension Service who would be an annuitant except for the fact that such person was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code;

and (3) the surviving dependent of a person who was an annuitant under this Act by virtue of receiving an alternative retirement cancellation payment under Section 14-108.5 of the Illinois Pension Code.

(q-2) "SERS" means the State Employees’ Retirement System of Illinois, created under Article 14 of the Illinois Pension Code.

SB3195 Enrolled - 8 - LRB093 21118 RCE 47172 b (q-3) "SURS" means the State Universities Retirement System, created under Article 15 of the Illinois Pension Code.

(q-4) "TRS" means the Teachers’ Retirement System of the State of Illinois, created under Article 16 of the Illinois Pension Code.

(q-5) "New SERS survivor" means a survivor, as defined in subsection (q), whose annuity is paid under Article 14 of the Illinois Pension Code and is based on the death of (i) an employee whose death occurs on or after January 1, 1998, or (ii) a new SERS annuitant as defined in subsection (b-5).

"New SERS survivor" includes the surviving dependent of a person who was an annuitant under this Act by virtue of receiving an alternative retirement cancellation payment under Section 14-108.5 of the Illinois Pension Code.

(q-6) "New SURS survivor" means a survivor, as defined in subsection (q), whose annuity is paid under Article 15 of the Illinois Pension Code and is based on the death of (i) an employee whose death occurs on or after January 1, 1998, or (ii) a new SURS annuitant as defined in subsection (b-6).

(q-7) "New TRS State survivor" means a survivor, as defined in subsection (q), whose annuity is paid under Article 16 of the Illinois Pension Code and is based on the death of (i) an employee who is a teacher as defined in paragraph (2), (3), or (5) of Section 16-106 of that Code and whose death occurs on or after July 1, 1998, or (ii) a new TRS State annuitant as defined in subsection (b-7).

(r) "Medical services" means the services provided within the scope of their licenses by practitioners in all categories licensed under the Medical Practice Act of 1987.

(s) "Unit of local government" means any county, municipality, township, school district (including a combination of school districts under the Intergovernmental Cooperation Act), special district or other unit, designated as a unit of local government by law, which exercises limited governmental powers or powers in respect to limited governmental subjects, any not-for-profit association with a SB3195 Enrolled - 9 - LRB093 21118 RCE 47172 b membership that primarily includes townships and township officials, that has duties that include provision of research service, dissemination of information, and other acts for the purpose of improving township government, and that is funded wholly or partly in accordance with Section 85-15 of the Township Code;

any not-for-profit corporation or association, with a membership consisting primarily of municipalities, that operates its own utility system, and provides research, training, dissemination of information, or other acts to promote cooperation between and among municipalities that provide utility services and for the advancement of the goals and purposes of its membership;

the Southern Illinois Collegiate Common Market, which is a consortium of higher education institutions in Southern Illinois;

and the Illinois Association of Park Districts.

"Qualified local government" means a unit of local government approved by the Director and participating in a program created under subsection (i) of Section 10 of this Act.

(t) "Qualified rehabilitation facility" means any not-for-profit organization that is accredited by the Commission on Accreditation of Rehabilitation Facilities or certified by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) to provide services to persons with disabilities and which receives funds from the State of Illinois for providing those services, approved by the Director and participating in a program created under subsection (j) of Section 10 of this Act.

(u) "Qualified domestic violence shelter or service" means any Illinois domestic violence shelter or service and its administrative offices funded by the Department of Human Services (as successor to the Illinois Department of Public Aid), approved by the Director and participating in a program created under subsection (k) of Section 10.

(v) "TRS benefit recipient" means a person who:

(1) is not a "member" as defined in this Section;

and SB3195 Enrolled - 10 - LRB093 21118 RCE 47172 b (2) is receiving a monthly benefit or retirement annuity under Article 16 of the Illinois Pension Code;

and (3) either (i) has at least 8 years of creditable service under Article 16 of the Illinois Pension Code, or (ii) was enrolled in the health insurance program offered under that Article on January 1, 1996, or (iii) is the survivor of a benefit recipient who had at least 8 years of creditable service under Article 16 of the Illinois Pension Code or was enrolled in the health insurance program offered under that Article on the effective date of this amendatory Act of 1995, or (iv) is a recipient or survivor of a recipient of a disability benefit under Article 16 of the Illinois Pension Code.

(w) "TRS dependent beneficiary" means a person who:

(1) is not a "member" or "dependent" as defined in this Section;

and (2) is a TRS benefit recipient’s:

(A) spouse, (B) dependent parent who is receiving at least half of his or her support from the TRS benefit recipient, or (C) unmarried natural or adopted child who is (i) under age 19, or (ii) enrolled as a full-time student in an accredited school, financially dependent upon the TRS benefit recipient, eligible to be claimed as a dependent for income tax purposes, and either is under age 24 or was, on January 1, 1996, participating as a dependent beneficiary in the health insurance program offered under Article 16 of the Illinois Pension Code, or (iii) age 19 or over who is mentally or physically handicapped.

(x) "Military leave with pay and benefits" refers to individuals in basic training for reserves, special/advanced training, annual training, emergency call up, or activation by the President of the United States with approved pay and benefits.

(y) "Military leave without pay and benefits" refers to individuals who enlist for active duty in a regular component of the U.S.

Armed Forces or other duty not specified or SB3195 Enrolled - 11 - LRB093 21118 RCE 47172 b authorized under military leave with pay and benefits.

(z) "Community college benefit recipient" means a person who:

(1) is not a "member" as defined in this Section;

and (2) is receiving a monthly survivor’s annuity or retirement annuity under Article 15 of the Illinois Pension Code;

and (3) either (i) was a full-time employee of a community college district or an association of community college boards created under the Public Community College Act (other than an employee whose last employer under Article 15 of the Illinois Pension Code was a community college district subject to Article VII of the Public Community College Act) and was eligible to participate in a group health benefit plan as an employee during the time of employment with a community college district (other than a community college district subject to Article VII of the Public Community College Act) or an association of community college boards, or (ii) is the survivor of a person described in item (i).

(aa) "Community college dependent beneficiary" means a person who:

(1) is not a "member" or "dependent" as defined in this Section;

and (2) is a community college benefit recipient’s:

(A) spouse, (B) dependent parent who is receiving at least half of his or her support from the community college benefit recipient, or (C) unmarried natural or adopted child who is (i) under age 19, or (ii) enrolled as a full-time student in an accredited school, financially dependent upon the community college benefit recipient, eligible to be claimed as a dependent for income tax purposes and under age 23, or (iii) age 19 or over and mentally or physically handicapped.

(Source:

P.A.

92-16, eff.

6-28-01;

92-186, eff.

1-1-02;

92-204, eff.

8-1-01;

92-651, eff.

7-11-02;

93-205, eff.

1-1-04;

93-839, SB3195 Enrolled - 12 - LRB093 21118 RCE 47172 b eff.

7-30-04.) Section 10.

The State Budget Law of the Civil Administrative Code of Illinois is amended by changing Section 50-5 as follows:

(15 ILCS 20/50-5) (was 15 ILCS 20/38) Sec.

50-5.

Governor to submit State budget.

The Governor shall, as soon as possible and not later than the second Wednesday in April in 2003 and the third Wednesday in February of each year beginning in 2004, except as otherwise provided in this Section, submit a State budget, embracing therein the amounts recommended by the Governor to be appropriated to the respective departments, offices, and institutions, and for all other public purposes, the estimated revenues from taxation, the estimated revenues from sources other than taxation, and an estimate of the amount required to be raised by taxation.

In 2004 only, the Governor shall submit the capital development section of the State budget not later than the fourth Tuesday of March (March 23, 2004).

The amounts recommended by the Governor for appropriation to the respective departments, offices and institutions shall be formulated according to the various functions and activities for which the respective department, office or institution of the State government (including the elective officers in the executive department and including the University of Illinois and the judicial department) is responsible.

The amounts relating to particular functions and activities shall be further formulated in accordance with the object classification specified in Section 13 of the State Finance Act.

The Governor shall not propose expenditures and the General Assembly shall not enact appropriations that exceed the resources estimated to be available, as provided in this Section.

For the purposes of Article VIII, Section 2 of the 1970 Illinois Constitution, the State budget for the following funds SB3195 Enrolled - 13 - LRB093 21118 RCE 47172 b shall be prepared on the basis of revenue and expenditure measurement concepts that are in concert with generally accepted accounting principles for governments:

(1) General Revenue Fund.

(2) Common School Fund.

(3) Educational Assistance Fund.

(4) Road Fund.

(5) Motor Fuel Tax Fund.

(6) Agricultural Premium Fund.

These funds shall be known as the "budgeted funds".

The revenue estimates used in the State budget for the budgeted funds shall include the estimated beginning fund balance, plus revenues estimated to be received during the budgeted year, plus the estimated receipts due the State as of June 30 of the budgeted year that are expected to be collected during the lapse period following the budgeted year, minus the receipts collected during the first 2 months of the budgeted year that became due to the State in the year before the budgeted year.

Revenues shall also include estimated federal reimbursements associated with the recognition of Section 25 of the State Finance Act liabilities.

For any budgeted fund for which current year revenues are anticipated to exceed expenditures, the surplus shall be considered to be a resource available for expenditure in the budgeted fiscal year.

Expenditure estimates for the budgeted funds included in the State budget shall include the costs to be incurred by the State for the budgeted year, to be paid in the next fiscal year, excluding costs paid in the budgeted year which were carried over from the prior year, where the payment is authorized by Section 25 of the State Finance Act.

For any budgeted fund for which expenditures are expected to exceed revenues in the current fiscal year, the deficit shall be considered as a use of funds in the budgeted fiscal year.

Revenues and expenditures shall also include transfers between funds that are based on revenues received or costs incurred during the budget year.

SB3195 Enrolled - 14 - LRB093 21118 RCE 47172 b By March 15 of each year, the Economic and Fiscal Commission on Government Forecasting and Accountability shall prepare revenue and fund transfer estimates in accordance with the requirements of this Section and report those estimates to the General Assembly and the Governor.

For all funds other than the budgeted funds, the proposed expenditures shall not exceed funds estimated to be available for the fiscal year as shown in the budget.

Appropriation for a fiscal year shall not exceed funds estimated by the General Assembly to be available during that year.

(Source:

P.A.

93-1, eff.

2-6-03;

93-662, eff.

2-11-04.) Section 13.

The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Section 405-410 as follows:

(20 ILCS 405/405-410) Sec.

405-410.

Transfer of Information Technology functions.

(a) Notwithstanding any other law to the contrary, the Director of Central Management Services, working in cooperation with the Director of any other agency, department, board, or commission directly responsible to the Governor, may direct the transfer, to the Department of Central Management Services, of those information technology functions at that agency, department, board, or commission that are suitable for centralization.

Upon receipt of the written direction to transfer information technology functions to the Department of Central Management Services, the personnel, equipment, and property (both real and personal) directly relating to the transferred functions shall be transferred to the Department of Central Management Services, and the relevant documents, records, and correspondence shall be transferred or copied, as the Director may prescribe.

(b) Upon receiving written direction from the Director of SB3195 Enrolled - 15 - LRB093 21118 RCE 47172 b Central Management Services, the Comptroller and Treasurer are authorized to transfer the unexpended balance of any appropriations related to the information technology functions transferred to the Department of Central Management Services and shall make the necessary fund transfers from any special fund in the State Treasury or from any other federal or State trust fund held by the Treasurer to the General Revenue Fund, the Statistical Services Revolving Fund, or the Communications Revolving Fund, as designated by the Director of Central Management Services, for use by the Department of Central Management Services in support of information technology functions or any other related costs or expenses of the Department of Central Management Services.

(c) The rights of employees and the State and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by any transfer under this Section.

(d) The functions transferred to the Department of Central Management Services by this Section shall be vested in and shall be exercised by the Department of Central Management Services.

Each act done in the exercise of those functions shall have the same legal effect as if done by the agencies, offices, divisions, departments, bureaus, boards and commissions from which they were transferred.

Every person or other entity shall be subject to the same obligations and duties and any penalties, civil or criminal, arising therefrom, and shall have the same rights arising from the exercise of such rights, powers, and duties as had been exercised by the agencies, offices, divisions, departments, bureaus, boards, and commissions from which they were transferred.

Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person in regards to the functions transferred to or upon the agencies, offices, divisions, departments, bureaus, boards, and commissions from which the functions were transferred, the SB3195 Enrolled - 16 - LRB093 21118 RCE 47172 b same shall be made, given, furnished or served in the same manner to or upon the Department of Central Management Services.

This Section does not affect any act done, ratified, or cancelled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause regarding the functions transferred, but those proceedings may be continued by the Department of Central Management Services.

This Section does not affect the legality of any rules in the Illinois Administrative Code regarding the functions transferred in this Section that are in force on the effective date of this Section.

If necessary, however, the affected agencies shall propose, adopt, or repeal rules, rule amendments, and rule recodifications as appropriate to effectuate this Section.

(Source:

P.A.

93-25, eff.

6-20-03;

93-839, eff.

7-30-04.) Section 15.

The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by changing Section 605-335 as follows:

(20 ILCS 605/605-335) (was 20 ILCS 605/46.4a) Sec.

605-335.

Incentives to foreign firms.

(a) For purposes of this Section:

"Foreign firm" means any industrial or manufacturing enterprise that is domiciled in a nation other than the United States.

"Incentives" means a loan or grant or offering, abatement, reduction, or deferral of any tax or regulation imposed by the State of Illinois or a unit of local government when the aggregate total of all those incentives will exceed $10,000.

(b) Whenever the Department offers incentives to a foreign firm designed to result in the location or relocation of a facility in this State that will result in the creation of more than 25 new jobs, the Department shall prepare an economic SB3195 Enrolled - 17 - LRB093 21118 RCE 47172 b impact study prior to the consummation of an agreement with the foreign firm.

An economic impact study pursuant to this Section shall, if practical, include but not be limited to the following:

(1) An analysis of the number of direct jobs to be created, the number of indirect jobs to be created, and the net gain in employment in relation to jobs to be potentially lost by other similar and competing firms within the industry located within this State.

(2) The effect on local and regional competition within the industry from the industry or business to be located or relocated.

(3) The degree of economic benefits of awarding the same incentives to similar and existing industries or businesses located within the State.

(4) An examination of how the location or relocation of the foreign firm complements existing industries or businesses located within this State.

(5) The relationship of the fiscal costs to the State or unit of local government resulting from the incentives relative to the fiscal return to the State or units of local government derived from the location or relocation of the firm.

(c) A report of any economic impact studies prepared by the Department in the previous 3 months pursuant to this Section shall be transmitted to the Governor, members of the General Assembly, and the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability quarterly.

In addition to the report, the Department shall include a statement of incentives subject to the agreement with the foreign firm, the name and type of foreign firm involved and a description of its business or industrial activity, the proposed location of the foreign firm, and a statement describing the rationale for the location relative to other locations within the State.

The Illinois Economic and Fiscal Commission on Government Forecasting and Accountability shall SB3195 Enrolled - 18 - LRB093 21118 RCE 47172 b evaluate each report received from the Department and present the evaluation and report to the Commission members and legislative leaders within 30 days upon receipt of each report from the Department.

(Source:

P.A.

91-239, eff.

1-1-00.) Section 20.

The Illinois Enterprise Zone Act is amended by changing Section 5.5 as follows:

(20 ILCS 655/5.5) (from Ch.

67 1/2, par.

609.1) Sec.

5.5.

High Impact Business.

(a) In order to respond to unique opportunities to assist in the encouragement, development, growth and expansion of the private sector through large scale investment and development projects, the Department is authorized to receive and approve applications for the designation of "High Impact Businesses" in Illinois subject to the following conditions:

(1) such applications may be submitted at any time during the year;

(2) such business is not located, at the time of designation, in an enterprise zone designated pursuant to this Act;

(3) (A) the business intends to make a minimum investment of $12,000,000 which will be placed in service in qualified property and intends to create 500 full-time equivalent jobs at a designated location in Illinois or intends to make a minimum investment of $30,000,000 which will be placed in service in qualified property and intends to retain 1,500 full-time jobs at a designated location in Illinois.

The business must certify in writing that the investments would not be placed in service in qualified property and the job creation or job retention would not occur without the tax credits and exemptions set forth in subsection (b) of this Section.

The terms "placed in service" and "qualified property" have the SB3195 Enrolled - 19 - LRB093 21118 RCE 47172 b same meanings as described in subsection (h) of Section 201 of the Illinois Income Tax Act;

or (B) the business intends to establish a new electric generating facility at a designated location in Illinois.

"New electric generating facility", for purposes of this Section, means a newly-constructed electric generation plant or a newly-constructed generation capacity expansion at an existing electric generation plant, including the transmission lines and associated equipment that transfers electricity from points of supply to points of delivery, and for which such new foundation construction commenced not sooner than July 1, 2001.

Such facility shall be designed to provide baseload electric generation and shall operate on a continuous basis throughout the year;

and shall have an aggregate rated generating capacity of at least 1,000 megawatts for all new units at one site if it uses natural gas as its primary fuel and foundation construction of the facility is commenced on or before December 31, 2004, or shall have an aggregate rated generating capacity of at least 400 megawatts for all new units at one site if it uses coal or gases derived from coal as its primary fuel and shall support the creation of at least 150 new Illinois coal mining jobs.

The business must certify in writing that the investments necessary to establish a new electric generating facility would not be placed in service and the job creation in the case of a coal-fueled plant would not occur without the tax credits and exemptions set forth in subsection (b-5) of this Section.

The term "placed in service" has the same meaning as described in subsection (h) of Section 201 of the Illinois Income Tax Act;

or (C) the business intends to establish production operations at a new coal mine, re-establish production operations at a closed coal mine, or expand production SB3195 Enrolled - 20 - LRB093 21118 RCE 47172 b at an existing coal mine at a designated location in Illinois not sooner than July 1, 2001;

provided that the production operations result in the creation of 150 new Illinois coal mining jobs as described in subdivision (a)(3)(B) of this Section, and further provided that the coal extracted from such mine is utilized as the predominant source for a new electric generating facility.

The business must certify in writing that the investments necessary to establish a new, expanded, or reopened coal mine would not be placed in service and the job creation would not occur without the tax credits and exemptions set forth in subsection (b-5) of this Section.

The term "placed in service" has the same meaning as described in subsection (h) of Section 201 of the Illinois Income Tax Act;

or (D) the business intends to construct new transmission facilities or upgrade existing transmission facilities at designated locations in Illinois, for which construction commenced not sooner than July 1, 2001.

For the purposes of this Section, "transmission facilities" means transmission lines with a voltage rating of 115 kilovolts or above, including associated equipment, that transfer electricity from points of supply to points of delivery and that transmit a majority of the electricity generated by a new electric generating facility designated as a High Impact Business in accordance with this Section.

The business must certify in writing that the investments necessary to construct new transmission facilities or upgrade existing transmission facilities would not be placed in service without the tax credits and exemptions set forth in subsection (b-5) of this Section.

The term "placed in service" has the same meaning as described in subsection (h) of Section 201 of the Illinois Income SB3195 Enrolled - 21 - LRB093 21118 RCE 47172 b Tax Act;

and (4) no later than 90 days after an application is submitted, the Department shall notify the applicant of the Department’s determination of the qualification of the proposed High Impact Business under this Section.

(b) Businesses designated as High Impact Businesses pursuant to subdivision (a)(3)(A) of this Section shall qualify for the credits and exemptions described in the following Acts:

Section 9-222 and Section 9-222.1A of the Public Utilities Act, subsection (h) of Section 201 of the Illinois Income Tax Act,;

and, Section 1d of the Retailers’ Occupation Tax Act;, provided that these credits and exemptions described in these Acts shall not be authorized until the minimum investments set forth in subdivision (a)(3)(A) of this Section have been placed in service in qualified properties and, in the case of the exemptions described in the Public Utilities Act and Section 1d of the Retailers’ Occupation Tax Act, the minimum full-time equivalent jobs or full-time jobs set forth in subdivision (a)(3)(A) of this Section have been created or retained.

Businesses designated as High Impact Businesses under this Section shall also qualify for the exemption described in Section 5l of the Retailers’ Occupation Tax Act.

The credit provided in subsection (h) of Section 201 of the Illinois Income Tax Act shall be applicable to investments in qualified property as set forth in subdivision (a)(3)(A) of this Section.

(b-5) Businesses designated as High Impact Businesses pursuant to subdivisions (a)(3)(B), (a)(3)(C), and (a)(3)(D) of this Section shall qualify for the credits and exemptions described in the following Acts:

Section 51 of the Retailers’ Occupation Tax Act, Section 9-222 and Section 9-222.1A of the Public Utilities Act, and subsection (h) of Section 201 of the Illinois Income Tax Act;

however, the credits and exemptions authorized under Section 9-222 and Section 9-222.1A of the Public Utilities Act, and subsection (h) of Section 201 of the Illinois Income Tax Act shall not be authorized until the new electric generating facility, the new transmission facility, SB3195 Enrolled - 22 - LRB093 21118 RCE 47172 b or the new, expanded, or reopened coal mine is operational, except that a new electric generating facility whose primary fuel source is natural gas is eligible only for the exemption under Section 5l of the Retailers’ Occupation Tax Act.

(c) High Impact Businesses located in federally designated foreign trade zones or sub-zones are also eligible for additional credits, exemptions and deductions as described in the following Acts:

Section 9-221 and Section 9-222.1 of the Public Utilities Act;

and subsection (g) of Section 201, and Section 203 of the Illinois Income Tax Act.

(d) Existing Illinois businesses which apply for designation as a High Impact Business must provide the Department with the prospective plan for which 1,500 full-time jobs would be eliminated in the event that the business is not designated.

(e) New proposed facilities which apply for designation as High Impact Business must provide the Department with proof of alternative non-Illinois sites which would receive the proposed investment and job creation in the event that the business is not designated as a High Impact Business.

(f) In the event that a business is designated a High Impact Business and it is later determined after reasonable notice and an opportunity for a hearing as provided under the Illinois Administrative Procedure Act, that the business would have placed in service in qualified property the investments and created or retained the requisite number of jobs without the benefits of the High Impact Business designation, the Department shall be required to immediately revoke the designation and notify the Director of the Department of Revenue who shall begin proceedings to recover all wrongfully exempted State taxes with interest.

The business shall also be ineligible for all State funded Department programs for a period of 10 years.

(g) The Department shall revoke a High Impact Business designation if the participating business fails to comply with the terms and conditions of the designation.

SB3195 Enrolled - 23 - LRB093 21118 RCE 47172 b (h) Prior to designating a business, the Department shall provide the members of the General Assembly and Illinois Economic and Fiscal Commission on Government Forecasting and Accountability with a report setting forth the terms and conditions of the designation and guarantees that have been received by the Department in relation to the proposed business being designated.

(Source:

P.A.

91-914, eff.

7-7-00;

92-12, eff.

7-1-01;

revised 3-7-02.) Section 25.

The State and Regional Development Strategy Act is amended by changing Section 20-10 as follows:

(20 ILCS 695/20-10) Sec.

20-10.

Strategic Planning.

The Department of Commerce and Economic Opportunity Community Affairs may prepare an economic development strategy for Illinois.

By no later than February 1, 2001 and biennially thereafter, the Department may make modifications in the economic development strategy as the modifications are warranted by changes in economic conditions or by other factors, including changes in policy.

In preparing the strategy and in making modifications to the strategy, the Department may take cognizance of the special economic attributes of the various component areas of the State.

(1) The "component areas" shall be determined by the Department and may group counties that are close in geographical proximity and share common economic traits such as commuting zones, labor market areas, or other economically integrated regions.

(2) The strategy may recommend actions for promoting sustained economic growth at or above national rates of economic growth.

(3) The strategy may include an assessment of historical patterns of economic activity for the State and projections of future economic trends using national economic trends and projections for comparative purposes.

SB3195 Enrolled - 24 - LRB093 21118 RCE 47172 b All assumptions made in the formulation of the economic projections shall be clearly and explicitly set forth in the strategy.

(4) The strategy may identify those community economic improvement characteristics that will positively influence the rate of overall State economic growth.

(5) The strategy may recommend actions to foster and promote economic growth, taking into account indigenous resources and prevalent economic factors.

(A) The strategy may identify the critical business development approaches being considered or to be considered.

The approaches may include, but are not limited to:

investment recruitment, such as industry attraction, expansion and retention;

trade development efforts including international trade, support for small businesses’ efforts to export products and services, tourism attraction and development including cultural tourism;

technology development efforts including technology commercialization and manufacturing modernization;

and business development efforts, including entrepreneurship and entrepreneurial education, small business management assistance, and business financing.

(B) The strategy may identify for the State and each region the critical workforce training and development approaches being considered or to be considered.

The approaches may include, but are not limited to:

customized job training, retraining and skill upgrading, economic adjustment, job creation and addressing labor shortages in areas of high demand;

the market for and quality of the local labor force;

the quality of the education and workforce infrastructure;

and related issues.

(C) The strategy may identify the critical community development approaches being considered or to be considered.

The approaches may include, but are SB3195 Enrolled - 25 - LRB093 21118 RCE 47172 b not limited to:

community growth management such as regional planning and smart growth;

area revitalization including brownfields redevelopment and facility reuse;

and family self-sufficiency such as through housing conservation and economic opportunity.

(D) The strategy may identify the critical public facilities development approaches being considered or to be considered.

The approaches may include, but are not limited to:

local public services;

the local, regional, and State tax and regulatory climate;

the physical infrastructure, including communications and transportation systems;

the capacity of area utilities;

and the quality of public institutions such as schools.

(E) The strategy may identify the other critical marketplace systems, including:

the financial marketplace;

the competitive advantages of the area in terms of natural resources, capital resources or technology resources;

and other factors affecting area development.

(6) In preparing the strategy or modifications to the strategy, the Department may work with State agencies, boards, and commissions whose programs and activities significantly affect economic activity in the State as appropriate.

The Directors of the agencies, boards, and commissions shall provide the assistance to the Department as the Governor deems appropriate.

(7) In preparing the strategy or the modifications to the strategy, the Department may consult with local and regional economic development organizations, local elected officials, community-based organizations, service delivery providers, and other organizations whose programs and activities significantly affect economic activity.

(8) In preparing the strategy or the modifications to the strategy, the Department may take into consideration any decisions or recommendations related to programs, SB3195 Enrolled - 26 - LRB093 21118 RCE 47172 b services, and government regulations that have been rendered as a result of a Statewide Performance Review.

(9) The strategy shall be presented to the Governor, the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, the members of the Illinois Economic Development Board, and the Chair of the Economic and Fiscal Commission on Government Forecasting and Accountability on February 1, 2001 and biennially thereafter, as warranted by changes in economic conditions or by other factors, including changes in policy.

(10) The strategy shall be published and made available to the public in both paper and electronic media.

(Source:

P.A.

91-476, eff.

8-11-99;

92-490, eff.

8-23-01;

revised 12-6-03.) Section 30.

The Department of Revenue Law of the Civil Administrative Code of Illinois is amended by changing Section 2505-550 as follows:

(20 ILCS 2505/2505-550) (was 20 ILCS 2505/39b51) Sec.

2505-550.

Jobs Impact Committee and report.

With respect to the credits provided for by Sections 209 and 210 of the Illinois Income Tax Act, Section 3-50 of the Use Tax Act, Section 2 of the Service Use Tax Act, Section 2 of the Service Occupation Tax Act, and Section 2-45 of the Retailers’ Occupation Tax Act, there is hereby created a Jobs Impact Committee, which shall consist of the Director or the person or persons the Director may designate, and the representative or representatives that shall be designated to serve on the Committee by the Department of Commerce and Economic Opportunity Community Affairs, the Governor’s Office of Management and Budget Bureau of the Budget, and the Economic and Fiscal Commission on Government Forecasting and Accountability.

The Committee, so assembled, shall invite and appoint 2 members of the businesses that are eligible for the SB3195 Enrolled - 27 - LRB093 21118 RCE 47172 b credits provided by those Sections.

The Committee shall study the use and effectiveness of these credits with regard to job creation relative to the revenue loss to the State from the provision of these credits.

The Director shall, on behalf of the Committee, submit the Committee’s report to the General Assembly on or before June 30, 1998.

(Source:

P.A.

90-552, eff.

12-12-97;

91-239, eff.

1-1-00;

revised 8-23-03.) Section 35.

The Governor’s Office of Management and Budget Act is amended by changing Sections 2.5 and 2.6 as follows:

(20 ILCS 3005/2.5) (from Ch.

127, par.

412.5) Sec.

2.5.

Effective January 1, 1980, to require the preparation and submission of an annual long-range capital expenditure plan for all State agencies.

Such Capital Plan shall detail each project for each of the following 3 fiscal years, including the project cost in current dollar amounts, the future maintenance costs for the completed project, the anticipated life expectancy of the project and the impact the project will have on the annual operating budget for the agency.

Each State agency’s annual capital plan shall include energy conservation projects intended to reduce energy costs to the greatest extent possible in those agency’s buildings and facilities included in the capital plan.

Each State agency’s annual capital plan shall be submitted to the Office no later than January 15th of each year.

A summary of all capital plans and future needs assessments shall be included in the Governor’s Budget Request and the detail of the capital plans shall be delivered to the Chairmen and Minority Spokesmen of the House and Senate Appropriations Committees and the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability on the date of the Governor’s Budget Address to the General Assembly;

except that, in 2004 only, the summary and detail shall be delivered not later than the fourth Tuesday in March (March 23, 2004).

SB3195 Enrolled - 28 - LRB093 21118 RCE 47172 b (Source:

P.A.

93-25, eff.

6-20-03;

93-662, eff.

2-11-04.) (20 ILCS 3005/2.6) (from Ch.

127, par.

412.6) Sec.

2.6.

To provide bond indentures to the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability no later than 7 calendar days following the sale or issuance of any bonds.

(Source:

P.A.

81-1094.) Section 40.

The Illinois Capital Budget Act is amended by changing Sections 3 and 6 as follows:

(20 ILCS 3010/3) (from Ch.

127, par.

3103) Sec.

3.

Each capital improvement program shall include, but not be limited to, roads, bridges, buildings, including schools, prisons, recreational facilities and conservation areas, and other infrastructure facilities that are owned by the State of Illinois.

Each capital improvement program shall include a needs assessment of the State’s capital facilities.

Each needs assessment shall include where possible the inventory, age, condition, use, sources of financing, past investment, maintenance history, trends in condition, financing and investment, and projected dollar amount of need in the next 5 years, 10 years, and until the year 2000.

Needs assessment of State facilities shall use, to the fullest extent possible, existing studies and data from other agencies such as the Illinois Department of Transportation, the Illinois Environmental Protection Agency, the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability, the Capital Development Board, the Governor’s Task Force on the Future of Illinois, and relevant federal agencies, so that studies can be completed as efficiently as possible, and so information on needs can be used to seek federal funds as soon as possible.

Each capital improvement program shall include an SB3195 Enrolled - 29 - LRB093 21118 RCE 47172 b identification and analysis of factors that affect estimated capital investment needs, including but not limited to, economic assumptions, engineering standards, estimates of spending for operations and maintenance, federal and State regulations, and estimation of demand for services.

Each capital improvement program shall include an identification and analysis of the principal policy issues that affect estimated capital investment needs, including but not limited to, economic development policy, equity considerations, policies regarding alternative technologies, political jurisdiction over different infrastructure systems, and the role of the private sector in planning for and investing in infrastructure.

(Source:

P.A.

92-16, eff.

6-28-01.) (20 ILCS 3010/6) (from Ch.

127, par.

3106) Sec.

6.

The Governor’s Office of Management and Budget Bureau of the Budget shall prepare and submit an assessment of the State’s capital project needs to the following:

the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate and the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability.

The assessment shall be included in the Governor’s annual State budget and shall discuss the State’s needs in the next fiscal year and in the next 5 fiscal years.

(Source:

P.A.

86-192;

revised 8-23-03.) Section 45.

The Asbestos Abatement Finance Act is amended by changing Section 10 as follows:

(20 ILCS 3510/10) (from Ch.

111 1/2, par.

8110) Sec.

10.

Authority records and reports.

The accounts and books of the Authority in connection with this Act shall be set up on and maintained in a manner approved by the Auditor General, and the Authority shall file with the Auditor General a certified annual report of its acts and doings under this Act SB3195 Enrolled - 30 - LRB093 21118 RCE 47172 b within 120 days after the close of its fiscal year.

The Authority shall also file with the Governor, the Secretary of the Senate, the Clerk of the House of Representatives, and the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability, by March 1 of each year, commencing March 1, 1990, a written report covering its activities under this Act for the previous fiscal year.

After such filing, such report shall be a public record and open for inspection at the offices of the Authority during normal business hours.

(Source:

P.A.

86-976.) Section 50.

The Illinois Environmental Facilities Financing Act is amended by changing Section 7 as follows:

(20 ILCS 3515/7) (from Ch.

127, par.

727) Sec.

7.

Powers.

In addition to the powers otherwise authorized by law, for the purposes of this Act, the State authority shall have the following powers together with all powers incidental thereto or necessary for the performance thereof:

(1) to have perpetual succession as a body politic and corporate;

(2) to adopt bylaws for the regulation of its affairs and the conduct of its business;

(3) to sue and be sued and to prosecute and defend actions in the courts;

(4) to have and to use a corporate seal and to alter the same at pleasure;

(5) to maintain an office at such place or places as it may designate;

(6) to determine the location, pursuant to the Environmental Protection Act, and the manner of construction of any environmental or hazardous waste treatment facility to be financed under this Act and to acquire, construct, reconstruct, repair, alter, improve, extend, own, finance, lease, sell and SB3195 Enrolled - 31 - LRB093 21118 RCE 47172 b otherwise dispose of the facility, to enter into contracts for any and all of such purposes, to designate a person as its agent to determine the location and manner of construction of an environmental or hazardous waste treatment facility undertaken by such person under the provisions of this Act and as agent of the authority to acquire, construct, reconstruct, repair, alter, improve, extend, own, lease, sell and otherwise dispose of the facility, and to enter into contracts for any and all of such purposes;

(7) to finance and to lease or sell to a person any or all of the environmental or hazardous waste treatment facilities upon such terms and conditions as the directing body considers proper, and to charge and collect rent or other payments therefor and to terminate any such lease or sales agreement or financing agreement upon the failure of the lessee, purchaser or debtor to comply with any of the obligations thereof;

and to include in any such lease or other agreement, if desired, provisions that the lessee, purchaser or debtor thereunder shall have options to renew the term of the lease, sales or other agreement for such period or periods and at such rent or other consideration as shall be determined by the directing body or to purchase any or all of the environmental or hazardous waste treatment facilities for a nominal amount or otherwise or that at or prior to the payment of all of the indebtedness incurred by the authority for the financing of such environmental or hazardous waste treatment facilities the authority may convey any or all of the environmental or hazardous waste treatment facilities to the lessee or purchaser thereof with or without consideration;

(8) to issue bonds for any of its corporate purposes, including a bond issuance for the purpose of financing a group of projects involving environmental facilities, and to refund those bonds, all as provided for in this Act and subject to Section 13 of this Act;

(9) generally to fix and revise from time to time and charge and collect rates, rents, fees and charges for the use SB3195 Enrolled - 32 - LRB093 21118 RCE 47172 b of and services furnished or to be furnished by any environmental or hazardous waste treatment facility or any portion thereof and to contract with any person, firm or corporation or other body public or private in respect thereof;

(10) to employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents as may be necessary in its judgment and to fix their compensation;

(11) to receive and accept from any public agency loans or grants for or in aid of the construction of any environmental facility and any portion thereof, or for equipping the facility, and to receive and accept grants, gifts or other contributions from any source;

(12) to refund outstanding obligations incurred by any person to finance the cost of an environmental or hazardous waste treatment facility including obligations incurred for environmental or hazardous waste treatment facilities undertaken and completed prior to or after the enactment of this Act when the authority finds that such financing is in the public interest;

(13) to prohibit the financing of environmental facilities for new coal-fired electric steam generating plants and new coal-fired industrial boilers which do not use Illinois coal as the primary source of fuel;

(14) to set and impose appropriate financial penalties on any person who receives financing from the State authority based on a commitment to use Illinois coal as the primary source of fuel at a new coal-fired electric utility steam generating plant or new coal-fired industrial boiler and later uses non-Illinois coal as the primary source of fuel;

(15) to fix, determine, charge and collect any premiums, fees, charges, costs and expenses, including, without limitation, any application fees, program fees, commitment fees, financing charges or publication fees in connection with its activities under this Act;

all expenses of the State SB3195 Enrolled - 33 - LRB093 21118 RCE 47172 b authority incurred in carrying out this Act are payable solely from funds provided under the authority of this Act and no liability shall be incurred by any authority beyond the extent to which moneys are provided under this Act.

All fees and moneys accumulated by the Authority as provided in this Act or the Illinois Finance Authority Act shall be held outside of the State treasury and in the custody of the Treasurer of the Authority;

and (16) to do all things necessary and convenient to carry out the purposes of this Act.

The State authority may not operate any environmental or hazardous waste treatment facility as a business except for the purpose of protecting or maintaining such facility as security for bonds of the State authority.

No environmental or hazardous waste treatment facilities completed prior to January 1, 1970 may be financed by the State authority under this Act, but additions and improvements to such environmental or hazardous waste treatment facilities which are commenced subsequent to January 1, 1970 may be financed by the State authority.

Any lease, sales agreement or other financing agreement in connection with an environmental or hazardous waste treatment facility entered into pursuant to this Act must be for a term not shorter than the longest maturity of any bonds issued to finance such environmental or hazardous waste treatment facility or a portion thereof and must provide for rentals or other payments adequate to pay the principal of and interest and premiums, if any, on such bonds as the same fall due and to create and maintain such reserves and accounts for depreciation, if any, as the directing body determines to be necessary.

The Authority shall give priority to providing financing for the establishment of hazardous waste treatment facilities necessary to achieve the goals of Section 22.6 of the Environmental Protection Act.

The Authority shall give special consideration to small businesses in authorizing the issuance of bonds for the SB3195 Enrolled - 34 - LRB093 21118 RCE 47172 b financing of environmental facilities pursuant to subsection (c) of Section 2.

The Authority shall make a financial report on all projects financed under this Section to the General Assembly, to the Governor, and to the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability by April 1 of each year.

Such report shall be a public record and open for inspection at the offices of the Authority during normal business hours.

The report shall include:

(a) all applications for loans and other financial assistance presented to the members of the Authority during such fiscal year, (b) all projects and owners thereof which have received any form of financial assistance from the Authority during such year, (c) the nature and amount of all such assistance, and (d) projected activities of the Authority for the next fiscal year, including projection of the total amount of loans and other financial assistance anticipated and the amount of revenue bonds or other evidences of indebtedness that will be necessary to provide the projected level of assistance during the next fiscal year.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source:

P.A.

93-205, eff.

1-1-04.) Section 55.

The Illinois Housing Development Act is amended by changing Section 5 as follows:

(20 ILCS 3805/5) (from Ch.

67 1/2, par.

305) SB3195 Enrolled - 35 - LRB093 21118 RCE 47172 b Sec.

5.

The Governor shall designate the Chairman, from time to time, and the Authority shall annually elect from its membership a vice chairman a treasurer, and a secretary.

The Chairman shall be the chief executive officer of the Authority.

The secretary shall keep a record of the proceedings of the Authority.

The treasurer of the Authority shall be custodian of all Authority funds, and shall be bonded in such amount as the other members of the Authority may designate.

The accounts and books of the Authority shall be set up and maintained in a manner approved by the Auditor General, and the Authority shall file with the Auditor General a certified annual report within 120 days after the close of its fiscal year.

The Authority shall also file with the Governor, the Secretary of the Senate, the Clerk of the House of Representatives and the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability, by March 1 of each year, a written report covering its activities, and any activities of any instrumentality corporation established pursuant to this Act, for the previous fiscal year and, when so filed, such report shall be a public record and open for inspection at the offices of the Authority during normal business hours.

The report shall include a complete list of (a) all applications for mortgage loans and other financial assistance regarding developments of more than four living units presented to the members of the Authority during such fiscal year, (b) all developments and housing related commercial facilities and the owners thereof which have received any form of financial assistance from the Authority during such fiscal year, (c) the nature and amount of all such financial assistance, (d) the dwelling unit distribution and estimated rent structure for each development financed by the Authority during such fiscal year, (e) projected activities of the Authority for the next fiscal year, including a projection of the total amount of mortgages and other financial assistance anticipated and the amount of revenue bonds or other evidences of indebtedness that will be necessary to provide the projected level of assistance during SB3195 Enrolled - 36 - LRB093 21118 RCE 47172 b the next fiscal year, and (f) activities related to allocation of low-income housing credits.

(Source:

P.A.

85-612.) Section 60.

The Pension Impact Note Act is amended by changing Section 2 as follows:

(25 ILCS 55/2) (from Ch.

63, par.

42.42) Sec.

2.

Pension impact notes.

The Illinois Economic and Fiscal Commission on Government Forecasting and Accountability, hereafter in this Act referred to as the "Commission", shall prepare a written pension system impact note in relation to any bill introduced in either house of the General Assembly which proposes to amend, revise, or add to any provision of the Illinois Pension Code or the State Pension Funds Continuing Appropriation Act.

Upon the introduction of any such bill, the Clerk of the House or the Secretary of the Senate shall forward the bill to the Commission, which shall prepare such a note within 7 calendar days after receiving the request.

The bill shall be held on second reading until the note has been received.

Copies of each pension impact note shall be furnished by the Commission to the presiding officer of each house, the minority leader of each house, the Clerk of the House of Representatives, the Secretary of the Senate, the sponsor of the bill which is the subject of the note, the member, if any, who initiated the request for the note, the Chairman of the House Committee on Personnel and Pensions, and the Chairman of the Senate Committee on Insurance, Pensions and Licensed Activities.

(Source:

P.A.

93-632, eff.

2-1-04.) Section 65.

The State Debt Impact Note Act is amended by changing the title of the Act and Sections 3, 5, and 7 as follows:

SB3195 Enrolled - 37 - LRB093 21118 RCE 47172 b (25 ILCS 65/Act title) An Act in relation to the providing of information on the State’s long-term debt service requirements and to amend in connection therewith Section 3 of "An Act creating the Illinois Economic and Fiscal Commission, defining its powers and duties, making an appropriation therefor, repealing an Act therein named, and providing for the transfer of appropriations in connection therewith", approved July 13, 1972, as amended.

(25 ILCS 65/3) (from Ch.

63, par.

42.73) Sec.

3.

The Illinois Economic and Fiscal Commission on Government Forecasting and Accountability shall prepare a written State Debt Impact Note in relation to any bill introduced in either house of the General Assembly which proposes to increase or add new long term debt authorization or would require, through appropriation, the use of bond financed funds.

Upon the assignment of any such bill to Committee, the chairperson of the Committee on Assignments in the House of Representatives or the chairperson of the Committee on Assignment of Bills in the Senate shall forward the bill to the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability which shall prepare such a note within 7 calendar days after receiving the request and the bill shall be held on second reading until the note has been received, except that whenever, because of the complexity of the measure, additional time is required for preparation of the note, the Commission may so inform the sponsor of the bill, who may approve an extension of the time within which the note is to be furnished for an additional 7 calendar days.

Copies of each State Debt Impact Note shall be furnished by the Commission to the presiding officer of each house, the minority leader of each house, the Clerk of the House of Representatives, the Secretary of the Senate, the sponsor of the bill which is the subject of the note, the member, if any, who initiated the request for the note, the Chairperson and Minority Spokespersons of the House and Senate Appropriations SB3195 Enrolled - 38 - LRB093 21118 RCE 47172 b and Revenue Committees.

(Source:

P.A.

81-615.) (25 ILCS 65/5) (from Ch.

63, par.

42.75) Sec.

5.

The Illinois Economic and Fiscal Commission on Government Forecasting and Accountability may include in any State Debt Impact Note any comment or opinion which it deems appropriate with regard to the fiscal and financial impact of the measure for which the note is prepared.

(Source:

P.A.

81-615.) (25 ILCS 65/7) (from Ch.

63, par.

42.77) Sec.

7.

Whenever any committee of either house reports any bill which is required by this Act to have a long-term debt note with an amendment or whenever any bill is amended on the floor of either house in such manner as to substantially affect the impact of the bill on the State’s debt service capacity, the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability shall upon request by any member of the house by which the bill is being considered prepare a new or revised State Debt Impact Note in relation to the amended bill.

Copies of each new or revised State Debt Impact Note shall be furnished to the persons named in Section 2.

Whenever any member of either House is of the opinion that a State Debt Impact Note should be prepared on any bill and such note has not been requested, the member may at any time before the bill is moved to third reading request that such a note be obtained, in which case the bill shall be submitted to the Economic and Fiscal Commission on Government Forecasting and Accountability for preparation of the note.

If the sponsor is of the opinion that a long-term debt note is not required, the matter shall be decided by majority vote of those present and voting in the House of which he is a member.

(Source:

P.A.

81-615.) Section 70.

The Legislative Commission Reorganization Act SB3195 Enrolled - 39 - LRB093 21118 RCE 47172 b of 1984 is amended by changing Sections 1-3, 3-1, and 3A-1 as follows:

(25 ILCS 130/1-3) (from Ch.

63, par.

1001-3) Sec.

1-3.

Legislative support services agencies.

The Joint Committee on Legislative Support Services is responsible for establishing general policy and coordinating activities among the legislative support services agencies.

The legislative support services agencies include the following:

(1) Joint Committee on Administrative Rules;

(2) Illinois Economic and Fiscal Commission on Government Forecasting and Accountability;

(3) Legislative Information System;

(4) Legislative Reference Bureau;

(5) Legislative Audit Commission;

(6) Legislative Printing Unit;

(7) Legislative Research Unit;

and (8) Office of the Architect of the Capitol.

(Source:

P.A.

93-632, eff.

2-1-04.) (25 ILCS 130/3-1) (from Ch.

63, par.

1003-1) Sec.

3-1.

The Illinois Economic and Fiscal Commission on Government Forecasting and Accountability is hereby established as a legislative support services agency.

The Commission is subject to the provisions of this Act and shall perform the powers and duties delegated to it under "An Act creating the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability, defining its powers and duties, making an appropriation therefor, repealing an Act therein named, and providing for the transfer of appropriations in connection therewith", approved July 13, 1972, as amended, and such other functions as may be provided by law.

(Source:

P.A.

83-1257.) (25 ILCS 130/3A-1) Sec.

3A-1.

Economic and Fiscal Commission on Government SB3195 Enrolled - 40 - LRB093 21118 RCE 47172 b Forecasting and Accountability;

pension laws.

(a) The Economic and Fiscal Commission on Government Forecasting and Accountability shall have the powers, duties, and functions that may be provided by law.

(b) The Commission shall make a continuing study of the laws and practices pertaining to pensions and related retirement and disability benefits for persons in State or local government service and their survivors and dependents, shall evaluate existing laws and practices, and shall review and make recommendations on proposed changes to those laws and practices.

(c) The Commission shall be responsible for the preparation of Pension Impact Notes as provided in the Pension Impact Note Act.

(d) The Commission shall report to the General Assembly annually or as it deems necessary or useful on the results of its studies and the performance of its duties.

(e) The Commission may request assistance from any other entity as necessary or useful for the performance of its duties.

(f) For purposes of the Successor Agency Act and Section 9b of the State Finance Act, the Economic and Fiscal Commission on Government Forecasting and Accountability is the successor to the Pension Laws Commission.

The Economic and Fiscal Commission on Government Forecasting and Accountability succeeds to and assumes all powers, duties, rights, responsibilities, personnel, assets, liabilities, and indebtedness of the Pension Laws Commission.

Any reference in any law, rule, form, or other document to the Pension Laws Commission is deemed to be a reference to the Economic and Fiscal Commission on Government Forecasting and Accountability.

(Source:

P.A.

93-632, eff.

2-1-04.) Section 75.

The Illinois Economic and Fiscal Commission Act is amended by changing the title of the Act and Sections 2 and 6.2 as follows:

SB3195 Enrolled - 41 - LRB093 21118 RCE 47172 b (25 ILCS 155/Act title) An Act creating the Illinois Economic and Fiscal Commission on Government Forecasting and Accountability, defining its powers and duties, making an appropriation therefor, repealing an Act therein named, and providing for the transfer of appropriations in connection therewith.

(25 ILCS 155/2) (from Ch.

63, par.