SB 874 — FINANCE-ROAD FUND-TECH

Department of Insurance Law (20 ILCS 1405/).

Article 1505.

Department of Labor Law (20 ILCS 1505/).

Article 1710.

Department of Human Services (Mental Health and Developmental Disabilities) Law (20 ILCS 1710/).

Article 1905.

Department of Natural Resources (Mines and Minerals) Law (20 ILCS 1905/).

Article 2005.

Department of Nuclear Safety Law (20 ILCS 2005/).

Article 2105.

Department of Professional Regulation Law (20 ILCS 2105/).

Article 2205.

Department of Public Aid Law (20 ILCS 2205/).

SB874 Enrolled -5- LRB093 02818 RCE 02834 b Article 2310.

Department of Public Health Powers and Duties Law (20 ILCS 2310/).

Article 2505.

Department of Revenue Law (20 ILCS 2505/).

Article 2510.

Certified Audit Program Law (20 ILCS 2510/).

Article 2605.

Department of State Police Law (20 ILCS 2605/).

Article 2705.

Department of Transportation Law (20 ILCS 2705/).

Article 3000.

University of Illinois Exercise of Functions and Duties Law (110 ILCS 355/).

(Source:

P.A.

91-239, eff.

1-1-00;

92-16, eff.

6-28-01;

92-651, eff.

7-11-02.) (20 ILCS 5/5-15) (was 20 ILCS 5/3) Sec.

5-15.

Departments of State government.

The Departments of State government are created as follows:

The Department on Aging.

The Department of Agriculture.

The Department of Central Management Services.

The Department of Children and Family Services.

The Department of Commerce and __________O___________ -----n------------.

The Department of Corrections.

The Department of Employment Security.

The Department of Financial Institutions.

The Department of Human Rights.

The Department of Human Services.

The Department of Insurance.

The Department of Labor.

The Department of the Lottery.

The Department of Natural Resources.

The Department of Nuclear Safety.

The Department of Professional Regulation.

SB874 Enrolled -6- LRB093 02818 RCE 02834 b The Department of Public Aid.

The Department of Public Health.

The Department of Revenue.

The Department of State Police.

The Department of Transportation.

The Department of Veterans' Affairs.

(Source:

P.A.

91-239, eff.

1-1-00.) (20 ILCS 5/5-20) (was 20 ILCS 5/4) Sec.

5-20.

Heads of departments.

Each department shall have an officer as its head who shall be known as director or secretary and who shall, subject to the provisions of the Civil Administrative Code of Illinois, execute the powers and discharge the duties vested by law in his or her respective department.

The following officers are hereby created:

Director of Aging, for the Department on Aging.

Director of Agriculture, for the Department of Agriculture.

Director of Central Management Services, for the Department of Central Management Services.

Director of Children and Family Services, for the Department of Children and Family Services.

Director of Commerce and E_________________i___ --------- -----r--, for the Department of Commerce and ________ _____t______ --------------i---.

Director of Corrections, for the Department of Corrections.

Director of Employment Security, for the Department of Employment Security.

Director of Financial Institutions, for the Department of Financial Institutions.

Director of Human Rights, for the Department of Human Rights.

SB874 Enrolled -7- LRB093 02818 RCE 02834 b Secretary of Human Services, for the Department of Human Services.

Director of Insurance, for the Department of Insurance.

Director of Labor, for the Department of Labor.

Director of the Lottery, for the Department of the Lottery.

Director of Natural Resources, for the Department of Natural Resources.

Director of Nuclear Safety, for the Department of Nuclear Safety.

Director of Professional Regulation, for the Department of Professional Regulation.

Director of Public Aid, for the Department of Public Aid.

Director of Public Health, for the Department of Public Health.

Director of Revenue, for the Department of Revenue.

Director of State Police, for the Department of State Police.

Secretary of Transportation, for the Department of Transportation.

Director of Veterans' Affairs, for the Department of Veterans' Affairs.

(Source:

P.A.

91-239, eff.

1-1-00.) (20 ILCS 5/5-120) (was 20 ILCS 5/5.13g) Sec.

5-120.

In the Department of Commerce and ________ _____t______ --------------i---.

Assistant Director of Commerce and _c___________________ -o----------------.

(Source:

P.A.

91-239, eff.

1-1-00.) Section 25-10.

The Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois is amended by changing Sections 605-1 and 605-5 and by adding Section 605-7 as follows:

SB874 Enrolled -8- LRB093 02818 RCE 02834 b (20 ILCS 605/605-1) Sec.

605-1.

Article short title.

This Article 605 of the Civil Administrative Code of Illinois may be cited as the Department of Commerce and ___________________t__ --------- -----r-- Law.

(Source:

P.A.

91-239, eff.

1-1-00.) (20 ILCS 605/605-5) (was 20 ILCS 605/46.1 in part) Sec.

605-5.

Definitions.

As used in the Sections following this Section:

"Department" means the Department of Commerce and _____m_______________ -----n------------.

"Director" means the Director of Commerce and E________ _____t______ --------------i---.

"Local government" means every county, municipality, township, school district, and other local political subdivision having authority to enact laws and ordinances, to administer laws and ordinances, to raise taxes, or to expend funds.

(Source:

P.A.

91-239, eff.

1-1-00.) (20 ILCS 605/605-7 new) _e_____________________g______________________a_____________ _____a_____________________d______________________e_____________ _____t______________________C_______________________c___________ ______D____________________m_______________________O____________ _____e_____________________r______________________m_____________ _____e_____________________p______________________a_____________ _____r_____________________m______________________n_____________ _____e_____________________t______________________n_____________ _____t_____________________p______________________e_____________ _____r_____________________a________________________a___________ _____x_____________________c_______________________C____________ _____m_____________________l____________ SB874 Enrolled -9- LRB093 02818 RCE 02834 b ARTICLE 30 Section 30-5.

The Illinois Procurement Code is amended by changing Section 50-11 and adding Section 50-12 as follows:

(30 ILCS 500/50-11) Sec.

50-11.

Debt delinquency.

(a) No person shall submit a bid for or enter into a contract with a State agency under this Code if that person knows or should know that he or she _______a_________ is delinquent in the payment of any debt to the State, unless the person ____________ has entered into a deferred payment plan to pay off the debt.

For purposes of this Section, the phrase "delinquent in the payment of any debt" shall be determined by the Debt Collection Board.

F _______p_____________ _____o_____________________a______________________t_____________ _____t_______________________c____________________r_____________ _____y_____________________y______________________o_____________ _____o_____________________i______________________j_____________ _____o_____________________t______________________i_____________ _____a_____________________e______________________w_____________ _____d______________________1_____________________e_____________ _____e_____________________i_______________________t____________ _____i_____________________t______________________o_____________ _____i_____________________e_______________________t____________ _____t_____________________n______________________e_____________ _____r_____________________l______________________i_____________ _____i_____________________a______________________h_____________ _____a_____________________s______________________y__ (b) Every bid submitted to and contract executed by the State shall contain a certification by the bidder or contractor that the contractor _______________i____ is not barred from being awarded a contract under this Section and SB874 Enrolled -10- LRB093 02818 RCE 02834 b that the contractor acknowledges that the contracting State agency may declare the contract void if the certification completed pursuant to this subsection (b) is false.

(Source:

P.A.

92-404, eff.

7-1-02.) (30 ILCS 500/50-12 new) _e______________________a_____________________I_____________ ____ _a______________________e______________________w____________ _____y_____________________e______________________l_____________ _____e_____________________r_______________________o____________ _____a_____________________p______________________f_____________ _____d_____________________i______________________U_____________ _____d______________________p_____________________s_____________ _____a_____________________i______________________e_____________ _____c______________________T_____________________s_____________ _____o_____________________l______________________t_____________ _____t_______________________c____________________r_____________ _____y_____________________,______________________o_____________ _____o_____________________n______________________u_____________ _____o_____________________.______________________s_____________ ______a____________________a______________________w_____________ _____d______________________1_____________________e_____________ _____e_____________________i_______________________t____________ _____i_____________________t______________________o_____________ _____i_____________________e_______________________t____________ _____t_____________________n______________________e_____________ _____r_____________________l______________________i_____________ _____i_____________________a______________________h_____________ _____a_____________________s______________________y__ _b_____________________d______________________u_____________ ________s___________________c_____________________e_____________ _____a______________________o______________________b____________ _____n_____________________n______________________u_____________ SB874 Enrolled -11- LRB093 02818 RCE 02834 b _____h_____________________a_________________________c__________ _____w_____________________o______________________y_____________ _____o_____________________e_______________________p____________ _____s_____________________s___ Section 30-10.

The Illinois Income Tax Act is amended by changing Section 917 as follows:

(35 ILCS 5/917) (from Ch.

120, par.

9-917) Sec.

917.

Confidentiality and information sharing.

(a) Confidentiality.

Except as provided in this Section, all information received by the Department from returns filed under this Act, or from any investigation conducted under the provisions of this Act, shall be confidential, except for official purposes within the Department or pursuant to official procedures for collection of any State tax or pursuant to an investigation or audit by the Illinois State Scholarship Commission of a delinquent student loan or monetary award or enforcement of any civil or criminal penalty or sanction imposed by this Act or by another statute imposing a State tax, and any person who divulges any such information in any manner, except for such purposes and pursuant to order of the Director or in accordance with a proper judicial order, shall be guilty of a Class A misdemeanor.

However, the provisions of this paragraph are not applicable to information furnished to a licensed attorney representing the taxpayer where an appeal or a protest has been filed on behalf of the taxpayer.

(b) Public information.

Nothing contained in this Act shall prevent the Director from publishing or making available to the public the names and addresses of persons filing returns under this Act, or from publishing or making available reasonable statistics concerning the operation of the tax wherein the contents of returns are grouped into SB874 Enrolled -12- LRB093 02818 RCE 02834 b aggregates in such a way that the information contained in any individual return shall not be disclosed.

(c) Governmental agencies.

The Director may make available to the Secretary of the Treasury of the United States or his delegate, or the proper officer or his delegate of any other state imposing a tax upon or measured by income, for exclusively official purposes, information received by the Department in the administration of this Act, but such permission shall be granted only if the United States or such other state, as the case may be, grants the Department substantially similar privileges.

The Director may exchange information with the Illinois Department of Public Aid and the Department of Human Services (acting as successor to the Department of Public Aid under the Department of Human Services Act) for the purpose of verifying sources and amounts of income and for other purposes directly connected with the administration of this Act and the Illinois Public Aid Code.

The Director may exchange information with the Director of the Department of Employment Security for the purpose of verifying sources and amounts of income and for other purposes directly connected with the administration of this Act and Acts administered by the Department of Employment Security.

The Director may make available to the Illinois Industrial Commission information regarding employers for the purpose of verifying the insurance coverage required under the Workers' Compensation Act and Workers' Occupational Diseases Act.

The Director may make available to any State agency, including the Illinois Supreme Court, which licenses persons to engage in any occupation, information that a person licensed by such agency has failed to file returns under this Act or pay the tax, penalty and interest shown therein, or has failed to pay any final assessment of tax, penalty or interest due under this Act.

T ___________________k_____________ SB874 Enrolled -13- LRB093 02818 RCE 02834 b _____n_____________________c______________________u_____________ _____m_____________________h______________________c_____________ _____i_____________________o______________________a_____________ _____n_____________________p______________________a_____________ _______t___________________i______________________a_____________ _____p_____________________d______________________r_____________ _____s_____________________r______________________r_____________ _____p_____________________i______________________t_____________ _____y_____________________y______________________o_____________ _____o_____________________(______________________d_____________ _____r_______________________b______________________o___________ _____c_____________________o______________________r_____________ _____s_____________________t______________________e_____________ _______d___________________d______________________o_____________ _____i______________________A_____________________s_____________ _____t_____________________"______________________t_____________ _____t_____________________t______________________o_____________ _____e_____________________o______________________b_____________ _____e_____________________r______________________e_____________ _____c_____________________s______________________n_____________ _______t___________________a______________________t_____________ _____i____ _h______________________a_____________________t_____________ _____d_______________________S____________________t_____________ _____n_____________________d______________________n_____________ _____e_____________________t______________________e_____________ _____s_____________________r________________________t___________ _____l______________________e_____________________d_____________ _____f__________ The Director may also make available to the Secretary of State information that a corporation which has been issued a certificate of incorporation by the Secretary of State has failed to file returns under this Act or pay the tax, penalty and interest shown therein, or has failed to pay any final SB874 Enrolled -14- LRB093 02818 RCE 02834 b assessment of tax, penalty or interest due under this Act.

An assessment is final when all proceedings in court for review of such assessment have terminated or the time for the taking thereof has expired without such proceedings being instituted.

For taxable years ending on or after December 31, 1987, the Director may make available to the Director or principal officer of any Department of the State of Illinois, information that a person employed by such Department has failed to file returns under this Act or pay the tax, penalty and interest shown therein.

For purposes of this paragraph, the word "Department" shall have the same meaning as provided in Section 3 of the State Employees Group Insurance Act of 1971.

(d) The Director shall make available for public inspection in the Department's principal office and for publication, at cost, administrative decisions issued on or after January 1, 1995.

These decisions are to be made available in a manner so that the following taxpayer information is not disclosed:

(1) The names, addresses, and identification numbers of the taxpayer, related entities, and employees.

(2) At the sole discretion of the Director, trade secrets or other confidential information identified as such by the taxpayer, no later than 30 days after receipt of an administrative decision, by such means as the Department shall provide by rule.

The Director shall determine the appropriate extent of the deletions allowed in paragraph (2).

In the event the taxpayer does not submit deletions, the Director shall make only the deletions specified in paragraph (1).

The Director shall make available for public inspection and publication an administrative decision within 180 days after the issuance of the administrative decision.

The term "administrative decision" has the same meaning as defined in SB874 Enrolled -15- LRB093 02818 RCE 02834 b Section 3-101 of Article III of the Code of Civil Procedure.

Costs collected under this Section shall be paid into the Tax Compliance and Administration Fund.

(e) Nothing contained in this Act shall prevent the Director from divulging information to any person pursuant to a request or authorization made by the taxpayer, by an authorized representative of the taxpayer, or, in the case of information related to a joint return, by the spouse filing the joint return with the taxpayer.

(Source:

P.A.

89-507, eff.

7-1-97;

90-491, eff.

1-1-98.) Section 30-15.

The Retailers' Occupation Tax Act is amended by changing Section 11 as follows:

(35 ILCS 120/11) (from Ch.

120, par.

450) Sec.

11.

All information received by the Department from returns filed under this Act, or from any investigation conducted under this Act, shall be confidential, except for official purposes, and any person who divulges any such information in any manner, except in accordance with a proper judicial order or as otherwise provided by law, shall be guilty of a Class B misdemeanor.

Nothing in this Act prevents the Director of Revenue from publishing or making available to the public the names and addresses of persons filing returns under this Act, or reasonable statistics concerning the operation of the tax by grouping the contents of returns so the information in any individual return is not disclosed.

Nothing in this Act prevents the Director of Revenue from divulging to the United States Government or the government of any other state, or any village that does not levy any real property taxes for village operations and that receives more than 60% of its general corporate revenue from taxes under the Use Tax Act, the Service Use Tax Act, the Service SB874 Enrolled -16- LRB093 02818 RCE 02834 b Occupation Tax Act, and the Retailers' Occupation Tax Act, or any officer or agency thereof, for exclusively official purposes, information received by the Department in administering this Act, provided that such other governmental agency agrees to divulge requested tax information to the Department.

The Department's furnishing of information derived from a taxpayer's return or from an investigation conducted under this Act to the surety on a taxpayer's bond that has been furnished to the Department under this Act, either to provide notice to such surety of its potential liability under the bond or, in order to support the Department's demand for payment from such surety under the bond, is an official purpose within the meaning of this Section.

The furnishing upon request of information obtained by the Department from returns filed under this Act or investigations conducted under this Act to the Illinois Liquor Control Commission for official use is deemed to be an official purpose within the meaning of this Section.

Notice to a surety of potential liability shall not be given unless the taxpayer has first been notified, not less than 10 days prior thereto, of the Department's intent to so notify the surety.

The furnishing upon request of the Auditor General, or his authorized agents, for official use, of returns filed and information related thereto under this Act is deemed to be an official purpose within the meaning of this Section.

Where an appeal or a protest has been filed on behalf of a taxpayer, the furnishing upon request of the attorney for the taxpayer of returns filed by the taxpayer and information related thereto under this Act is deemed to be an official purpose within the meaning of this Section.

The furnishing of financial information to a home rule unit that has imposed a tax similar to that imposed by this SB874 Enrolled -17- LRB093 02818 RCE 02834 b Act pursuant to its home rule powers, or to any village that does not levy any real property taxes for village operations and that receives more than 60% of its general corporate revenue from taxes under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act, upon request of the Chief Executive thereof, is an official purpose within the meaning of this Section, provided the home rule unit or village that does not levy any real property taxes for village operations and that receives more than 60% of its general corporate revenue from taxes under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act agrees in writing to the requirements of this Section.

For a village that does not levy any real property taxes for village operations and that receives more than 60% of its general corporate revenue from taxes under the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act, the officers eligible to receive information from the Department of Revenue under this Section are the village manager and the chief financial officer of the village.

Information so provided shall be subject to all confidentiality provisions of this Section.

The written agreement shall provide for reciprocity, limitations on access, disclosure, and procedures for requesting information.

The Department may make available to the Board of Trustees of any Metro East Mass Transit District information contained on transaction reporting returns required to be filed under Section 3 of this Act that report sales made within the boundary of the taxing authority of that Metro East Mass Transit District, as provided in Section 5.01 of the Local Mass Transit District Act.

The disclosure shall be SB874 Enrolled -18- LRB093 02818 RCE 02834 b made pursuant to a written agreement between the Department and the Board of Trustees of a Metro East Mass Transit District, which is an official purpose within the meaning of this Section.

The written agreement between the Department and the Board of Trustees of a Metro East Mass Transit District shall provide for reciprocity, limitations on access, disclosure, and procedures for requesting information.

Information so provided shall be subject to all confidentiality provisions of this Section.

The Director may make available to any State agency, including the Illinois Supreme Court, which licenses persons to engage in any occupation, information that a person licensed by such agency has failed to file returns under this Act or pay the tax, penalty and interest shown therein, or has failed to pay any final assessment of tax, penalty or interest due under this Act.

T ___________________k_____________ _____n_____________________c______________________u_____________ _____m_____________________h______________________c_____________ _____i_____________________o______________________o_____________ _______I____________________o_____________________s_____________ ______t____________________t______________________t_____________ _____i_____________________t______________________s_____________ _____t_____________________n_______________________t____________ _____s_____________________d______________________r_____________ _____i_____________________l______________________l_____________ _____s_____________________a______________________n_____________ _____f_____________________t______________________n_____________ _____I_____________________C______________________r_____________ _____d_____________________r______________________a_____________ _____a_____________________o______________________o_____________ _____a_____________________f______________________s_____________ _____a_____________________r________________________h___________ _____a_____________________n_______________________i____________ ______t____________________m______________________r_____________ SB874 Enrolled -19- LRB093 02818 RCE 02834 b _____c_____________________i______________________t_____________ _____e_______________________a____________________1_____________ _____e_____________________e______________________n_____________ _____t_____________________o______________________e_____________ _____y______________________t_____________________o_____________ _____u_____________________i______________________r_____________ _____y_____________________y______________________e_____________ _____v_____________________f______________________u_____________ _____o_____________________s______________________r_____________ _____r_____________________e______________________e_____________ _____r_____________________r______________________v_____________ _____h_____________________s_______________________e____________ _____r______________________e_____________________t_____________ ______a____________________A______________________i_____________ _____g___________ _h______________________a_____________________t_____________ _____d_______________________S____________________t_____________ _____n_____________________d______________________n_____________ _____e_____________________t______________________e_____________ _____s_____________________r______________________e_____________ _____l______________________e_____________________d_____________ _____f__________ The Director may also make available to the Secretary of State information that a limited liability company, which has filed articles of organization with the Secretary of State, or corporation which has been issued a certificate of incorporation by the Secretary of State has failed to file returns under this Act or pay the tax, penalty and interest shown therein, or has failed to pay any final assessment of tax, penalty or interest due under this Act.

An assessment is final when all proceedings in court for review of such assessment have terminated or the time for the taking thereof has expired without such proceedings being instituted.

The Director shall make available for public inspection SB874 Enrolled -20- LRB093 02818 RCE 02834 b in the Department's principal office and for publication, at cost, administrative decisions issued on or after January 1, 1995.

These decisions are to be made available in a manner so that the following taxpayer information is not disclosed:

(1) The names, addresses, and identification numbers of the taxpayer, related entities, and employees.

(2) At the sole discretion of the Director, trade secrets or other confidential information identified as such by the taxpayer, no later than 30 days after receipt of an administrative decision, by such means as the Department shall provide by rule.

The Director shall determine the appropriate extent of the deletions allowed in paragraph (2).

In the event the taxpayer does not submit deletions, the Director shall make only the deletions specified in paragraph (1).

The Director shall make available for public inspection and publication an administrative decision within 180 days after the issuance of the administrative decision.

The term "administrative decision" has the same meaning as defined in Section 3-101 of Article III of the Code of Civil Procedure.

Costs collected under this Section shall be paid into the Tax Compliance and Administration Fund.

Nothing contained in this Act shall prevent the Director from divulging information to any person pursuant to a request or authorization made by the taxpayer or by an authorized representative of the taxpayer.

(Source:

P.A.

90-491, eff.

1-1-98;

91-954, eff.

1-1-02.) Section 30-20.

The Counties Code is amended by changing Section 5-1022 as follows:

(55 ILCS 5/5-1022) (from Ch.

34, par.

5-1022) Sec.

5-1022.

Competitive bids.

(a) Any purchase by a county with fewer than 2,000,000 SB874 Enrolled -21- LRB093 02818 RCE 02834 b inhabitants of services, materials, equipment or supplies in excess of $10,000, other than professional services, shall be contracted for in one of the following ways:

(1) by a contract let to the lowest responsible bidder after advertising for bids in a newspaper published within the county or, if no newspaper is published within the county, then a newspaper having general circulation within the county;

or (2) by a contract let without advertising for bids in the case of an emergency if authorized by the county board.

(b) In determining the lowest responsible bidder, the county board shall take into consideration the qualities of the articles supplied;

their conformity with the specifications;

their suitability to the requirements of the county, availability of support services;

uniqueness of the service, materials, equipment, or supplies as it applies to networked, integrated computer systems;

compatibility to existing equipment;

and the delivery terms.

The county board also may take into consideration whether a bidder is a private enterprise or a State-controlled enterprise and, notwithstanding any other provision of this Section or a lower bid by a State-controlled enterprise, may let a contract to the lowest responsible bidder that is a private enterprise.

(c) This Section does not apply to contracts by a county with the federal government or to purchases of used equipment, purchases at auction or similar transactions which by their very nature are not suitable to competitive bids, pursuant to an ordinance adopted by the county board.

(d) Notwithstanding the provisions of this Section, a county may let without advertising for bids in the case of purchases and contracts, when individual orders do not exceed $25,000, for the use, purchase, delivery, movement, or SB874 Enrolled -22- LRB093 02818 RCE 02834 b installation of data processing equipment, software, or services and telecommunications and inter-connect equipment, software, and services.

_e_____________________i_______________________a____________ _____o_____________________a______________________o_____________ _____o_____________________t______________________e_____________ _____o_____________________s______________________o_____________ _____t______________________i_____________________e_____________ _____h_____________________c______________________e_____________ _____f_____________________r_______________________o____________ _____n_____________________d______________________f_____________ ______F____________________h_________________________t__________ _____l_____________________t______________________,_____________ _____n______________________a_____________________i_____________ _____e_____________________i______________________o_____________ _____)_____________________o_______________________e____________ _____s_____________________i______________________t_____________ _____y_____________________y______________________e_____________ _____o_______________________t____________________s_____________ _____c______________________"_____________________n_____________ _____(_____________________h______________________o_____________ _____i______________________t_____________________r_____________ _____n_____________________n______________________i_____________ _____l_____________________e______________________,_____________ ______c____________________g______________________l_____________ _____e_____________________i____ _f______________________a_____________________t_____________ _____y______________________c_____________________e_____________ _____a______________________o______________________b____________ _____n______________________i______________________t____________ _____h_____________________c______________________e_____________ _____y______________________c_____________________c_____________ _____e______________________s_____________________s___ (Source:

P.A.

90-517, eff.

8-22-97.) SB874 Enrolled -23- LRB093 02818 RCE 02834 b Section 30-25.

The Illinois Municipal Code is amended by changing Sections 8-9-2 and 8-10-3 as follows:

(65 ILCS 5/8-9-2) (from Ch.

24, par.

8-9-2) Sec.

8-9-2.

(___ In municipalities of less than 500,000 population, the corporate authorities may provide by ordinance that all supplies needed for use of the municipality shall be furnished by contract, let to the lowest bidder.

In municipalities of more than 500,000 population the provisions of Division 10 of this Article 8 shall apply to and govern the purchase of supplies.

The provisions of this Section are subject to any contrary provisions contained in "An Act concerning the use of Illinois mined coal in certain plants and institutions", filed July 13, 1937, as heretofore and hereafter amended.

_b_____________________o______________________l_____________ _____a______________________c_____________________e_____________ _____c_____________________t______________________o_____________ _____c______________________a_____________________c_____________ _____o_____________________l______________________n_____________ ______t____________________s______________________h_____________ _____e_____________________t_______________________t____________ _______o___________________l______________________n_____________ _____d_____________________l________________________b___________ _____6_____________________i______________________n_____________ ______o____________________r_______________________w____________ _____a______________________a_____________________n_____________ _____e_____________________"______________________n_____________ _____T_____________________n______________________e_____________ _____o_____________________c______________________e_____________ _____i_____________________r______________________t_____________ _____t_____________________e______________________m_____________ _____e_____________________i______________________h_____________ SB874 Enrolled -24- LRB093 02818 RCE 02834 b _____o______________________u______________________m____________ _____t______________________o_____________________e_____________ _____t_____________________n_______________________F____________ _____h_____________________m______________________y_____________ _____i_____________________o______________________r_____________ _____y_____________________y______________________o_____________ _____o_____________________i______________________j_____________ _____o_____________________t______________________i_____________ _____a_____________________o______________________n_____________ _____n_____________________h______________________s_____________ _____e_____________________i_______________________t____________ _____i______________________t_______________________t___________ _____i_____________________e_______________________t____________ _____t_____________________n______________________e_____________ _____r_____________________t______________________e_____________ _____i_____________________c_______________________t____________ _____a_____________________s______________________y__ (Source:

Laws 1967, p.

3729.) (65 ILCS 5/8-10-3) (from Ch.

24, par.

8-10-3) Sec.

8-10-3.

___ Except as otherwise herein provided, all purchase orders or contracts of whatever nature, for labor, services or work, the purchase, lease, or sale of personal property, materials, equipment or supplies, involving amounts in excess of $10,000, made by or on behalf of any such municipality, shall be let by free and open competitive bidding after advertisement, to the lowest responsible bidder, or in the appropriate instance, to the highest responsible bidder, depending upon whether such municipality is to expend or to receive money.

All such purchase orders or contracts, as defined above, which shall involve amounts of $10,000, or less, shall be let in the manner described above whenever practicable, except that such purchase orders or contracts may be let in the open market in SB874 Enrolled -25- LRB093 02818 RCE 02834 b a manner calculated to insure the best interests of the public, after solicitation of bids by mail, telephone, or otherwise.

The provisions of this Section are subject to any contrary provision contained in "An Act concerning the use of Illinois mined coal in certain plants and institutions", filed July 13, 1937, as heretofore and hereafter amended.

_b_____________________o______________________l_____________ _____a______________________c_____________________e_____________ _____c_____________________t______________________o_____________ _____c______________________a_____________________c_____________ _____o_____________________l______________________n_____________ ______t____________________s______________________h_____________ _____e_____________________t_______________________t____________ _______o___________________l______________________n_____________ _____d_____________________l________________________b___________ _____6_____________________i______________________n_____________ ______o____________________r_______________________w____________ _____a______________________a_____________________n_____________ _____e_____________________"______________________n_____________ _____T_____________________n______________________e_____________ _____o_____________________c______________________e_____________ _____i_____________________r______________________t_____________ _____t_____________________e______________________m_____________ _____e_____________________i______________________h_____________ _____o______________________u______________________m____________ _____t______________________o_____________________e_____________ _____t_____________________n_______________________F____________ _____h_____________________m______________________y_____________ _____i_____________________o______________________r_____________ _____y_____________________y______________________o_____________ _____o_____________________i______________________j_____________ _____o_____________________t______________________i_____________ _____a_____________________o______________________n_____________ _____n_____________________h______________________s_____________ SB874 Enrolled -26- LRB093 02818 RCE 02834 b _____e_____________________i_______________________t____________ _____i______________________t_______________________t___________ _____i_____________________e_______________________t____________ _____t_____________________n______________________e_____________ _____r_____________________t______________________e_____________ _____i_____________________c_______________________t____________ _____a_____________________s______________________y__ (Source:

P.A.

81-1376.) Section 30-30.

The School Code is amended by changing Section 10-20.21 as follows:

(105 ILCS 5/10-20.21) (from Ch.

122, par.

10-20.21) Sec.

10-20.21.

Contracts.

_a__ To award all contracts for purchase of supplies, materials or work or contracts with private carriers for transportation of pupils involving an expenditure in excess of $10,000 to the lowest responsible bidder, considering conformity with specifications, terms of delivery, quality and serviceability, after due advertisement, except the following:

(i) contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part;

(ii) contracts for the printing of finance committee reports and departmental reports;

(iii) contracts for the printing or engraving of bonds, tax warrants and other evidences of indebtedness;

(iv) contracts for the purchase of perishable foods and perishable beverages;

(v) contracts for materials and work which have been awarded to the lowest responsible bidder after due advertisement, but due to unforeseen revisions, not the fault of the contractor for materials and work, must be revised causing expenditures not in excess of 10% of the contract price;

(vi) contracts for the maintenance or servicing of, or provision of repair parts for, equipment SB874 Enrolled -27- LRB093 02818 RCE 02834 b which are made with the manufacturer or authorized service agent of that equipment where the provision of parts, maintenance, or servicing can best be performed by the manufacturer or authorized service agent;

(vii) purchases and contracts for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and interconnect equipment, software, and services;

(viii) contracts for duplicating machines and supplies;

(ix) contracts for the purchase of natural gas when the cost is less than that offered by a public utility;

(x) purchases of equipment previously owned by some entity other than the district itself;

(xi) contracts for repair, maintenance, remodeling, renovation, or construction, or a single project involving an expenditure not to exceed $20,000 and not involving a change or increase in the size, type, or extent of an existing facility;

(xii) contracts for goods or services procured from another governmental agency;

(xiii) contracts for goods or services which are economically procurable from only one source, such as for the purchase of magazines, books, periodicals, pamphlets and reports, and for utility services such as water, light, heat, telephone or telegraph;

and (xiv) where funds are expended in an emergency and such emergency expenditure is approved by 3/4 of the members of the board.

All competitive bids for contracts involving an expenditure in excess of $10,000 must be sealed by the bidder and must be opened by a member or employee of the school board at a public bid opening at which the contents of the bids must be announced.

Each bidder must receive at least 3 days' notice of the time and place of the bid opening.

For purposes of this Section due advertisement includes, but is not limited to, at least one public notice at least 10 days before the bid date in a newspaper published in the district, or if no newspaper is published in the district, in a newspaper of SB874 Enrolled -28- LRB093 02818 RCE 02834 b general circulation in the area of the district.

_b_____________________o______________________c_____________ _____e______________________b_____________________e_____________ _____a_____________________e______________________e_____________ _____a_____________________n______________________t_____________ _______o___________________c______________________i_____________ _____o_____________________d______________________e_____________ _____i_____________________r______________________e_____________ _____n_____________________n______________________t_____________ _____F_____________________S______________________i_____________ _____e_____________________c______________________o_____________ _____o_____________________(______________________d_____________ _____r_______________________b______________________o___________ _____c_____________________o______________________r_____________ _____s_____________________t______________________e_____________ _______d___________________d______________________o_____________ _____i______________________A_____________________s_____________ _____t_____________________"______________________t_____________ _____t_____________________t______________________o_____________ _____e_____________________o______________________b_____________ _____e_____________________r______________________e_____________ _____c_____________________s______________________n_____________ _______t___________________a______________________t_____________ _____i____ _o_____________________i________________________i___________ _____f_____________________e______________________t_____________ _____a_____________________r______________________e_____________ _____a_____________________n______________________o_____________ _____w_____________________h_______________________t____________ ______i____________________o______________________t_____________ _____c___________________ (Source:

P.A.

86-411;

87-414.) ARTICLE 50 SB874 Enrolled -29- LRB093 02818 RCE 02834 b Section 50-3.

The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by adding Section 405-292 as follows:

(20 ILCS 405/405-292 new) _e_____________________n______________________e_____________ _____i_____________________e_______________ _a_____________________a_______________________r____________ _____h_____________________n________________________r___________ _____u_____________________e______________________c_____________ _____._____________________r______________________a_____________ _____t______________________d_________________ _________________h______________________o_____________ _e_____________________t______________________e_____________ _l_____________________s______________________i_____________ _o_______________________i_____________________c____________ _h______________________i____________ _________________p______________________t_____________ _n_____________________h______________________v_____________ _n_____________________n______________________m_____________ _r_____________________y______________________i_____________ _n______________________s____________ _________________e______________________v_____________ _e_______________________a____________________e_____________ _f_____________________s______________________p_____________ _e______________________i_______________________I___________ _e______________ _b_____________________s______________________a_____________ ______a____________________r_______________________a____________ _____t_____________________e____________________ Section 50-5.

The Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois is amended by changing Section 605-705 and by adding Section SB874 Enrolled -30- LRB093 02818 RCE 02834 b 605-807 as follows:

(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) Sec.

605-705.

Grants to local tourism and convention bureaus.

(a) To establish a grant program for local tourism and convention bureaus.

The Department will develop and implement a program for the use of funds, as authorized under this Act, by local tourism and convention bureaus.

For the purposes of this Act, bureaus eligible to receive funds are those local tourism and convention bureaus that are (i) either units of local government or incorporated as not-for-profit organizations;

(ii) in legal existence for a minimum of 2 years before July 1, 2001;

(iii) operating with a paid, full-time staff whose sole purpose is to promote tourism in the designated service area;

and (iv) affiliated with one or more municipalities or counties that support the bureau with local hotel-motel taxes.

After July 1, 2001, bureaus requesting certification in order to receive funds for the first time must be local tourism and convention bureaus that are (i) either units of local government or incorporated as not-for-profit organizations;

(ii) in legal existence for a minimum of 2 years before the request for certification;

(iii) operating with a paid, full-time staff whose sole purpose is to promote tourism in the designated service area;

and (iv) affiliated with multiple municipalities or counties that support the bureau with local hotel-motel taxes.

Each bureau receiving funds under this Act will be certified by the Department as the designated recipient to serve an area of the State.

Notwithstanding the criteria set forth in this subsection (a), or any rule adopted under this subsection (a), the Director of the Department may provide for the award of grant funds to one or more entities if in the Department's judgment that action is SB874 Enrolled -31- LRB093 02818 RCE 02834 b necessary in order to prevent a loss of funding critical to promoting tourism in a designated geographic area of the State.

(b) To distribute grants to local tourism and convention bureaus from appropriations made from the Local Tourism Fund for that purpose.

Of the amounts appropriated annually to the Department for expenditure under this Section, one-third of those monies shall be used for grants to convention and tourism bureaus in cities with a population greater than 500,000.

The remaining two-thirds of the annual appropriation shall be used for grants to convention and tourism bureaus in the remainder of the State, in accordance with a formula based upon the population served.

The Department may reserve up to 10% of t--- total l_____________ _______a___________________t_______________________t____________ -----p------- to conduct audits of grants, to provide incentive funds to those bureaus that will conduct promotional activities designed to further the Department's statewide advertising campaign, to fund special statewide promotional activities, and to fund promotional activities that support an increased use of the State's parks or historic sites.

(Source:

P.A.

91-239, eff.

1-1-00;

91-357, eff.

7-29-99;

92-16, eff.

6-28-01;

92-38, eff.

6-28-01;

92-524, eff.

2-8-02.) (20 ILCS 605/605-807 new) _e______________________W_____________________n___ _a_____________________f_______________________c____________ _____a_____________________t______________________n_____________ _____,_____________________m______________________s_____________ _____e_____________________a_______________________i____________ _____e_____________________n_______________________s____________ _______t_____________________d____________________n_____________ SB874 Enrolled -32- LRB093 02818 RCE 02834 b ______t____________________e______________________s_____________ ______t____________________e______________________a_____________ _____c_____________________m______________________A_____________ ______p_________ _b_____________________e______________________i_____________ _____f_____________________s______________________e_____________ _______p___________________f______________________s_____________ _____o_____________________e_______________________A____________ _____i______________________W_____________________F_____________ ______f____________________e______________________s_____________ ______m_____________________b_____________________p_____________ _____s_____________________t______________________c_____________ _____n_____________________i______________________n_____________ ______t____________________t_______________________2____________ _____s_____________________o_______________________t____________ _____l_____________________c______________________t_____________ _____o______________________A_____________________s_____________ ______s____________________n______________________i_____________ _____m_______________ _n_____________________3______________________t_____________ _____n_____________________S______________________a_____________ _____u_____________________c______________________r_____________ _____a_____________________n______________________a_____________ _____a______________________A_______________________I___________ _____i_______________________F____________________a_____________ _____i_____________________y______________________a_____________ _____a______________________G______________________b____________ _____d_____________________o______________________d_____________ ______t____________________c____________________ _c_____________________e______________________s_____________ _____o_____________________s______________________c_____________ ______p____________________e______________________e_____________ _____t_______________________b_____________________t____________ _____o______________________t_____________________e_____________ SB874 Enrolled -33- LRB093 02818 RCE 02834 b _____t_____________________w_______________________r____________ _____S_____________________a______________________r_____________ _____a_____________________d_______________________P____________ _____s_____________________e______________________i_____________ _____a______________________a_____________________0_____________ _____i_____________________I______________________d_____________ _____ _n_______________________a______________________a___________ _____n_____________________S______________________l_____________ ______t____________________n______________________t_____________ _____e_____________________a______________________a_____________ _____c_____________________r______________________i_____________ ______t____________________u______________________3_____________ _____i_____________________i______________________F_____________ _____a_____________________n________________________t___________ _____a_____________________r______________________e_____________ _____e_____________________o______________________n_____________ _____t_____________________t______________________c_____________ _____._ Section 50-7.

The Department of Revenue Law of the Civil Administrative Code of Illinois is amended by changing Section 2505-400 as follows:

(20 ILCS 2505/2505-400) (was 20 ILCS 2505/39b49) Sec.

2505-400.

Contracts for collection assistance.

(a) The Department has the power to contract for collection assistance on a contingent fee basis, with collection fees to be retained by the collection agency and the net collections to be paid to the Department.

I ___________ _____n______________________t_____________________y_____________ _____1_____________________g______________________e_____________ _____y_____________________r________________________t___________ _____y______________________A_____________________e_____________ SB874 Enrolled -34- LRB093 02818 RCE 02834 b _____c_____________________h______________________d_____________ _____n_______________________t_____________________a____________ _______b___________________d______________________n_____________ _____l_____________________l_______________________t_________ (b) The Department has the power to enter into written agreements with State's Attorneys for pursuit of civil liability under Section 17-1a of the Criminal Code of 1961 against persons who have issued to the Department checks or other orders in violation of the provisions of paragraph (d) of subsection (B) of Section 17-1 of the Criminal Code of 1961.

Of the amount collected, the Department shall retain the amount owing upon the dishonored check or order along with the dishonored check fee imposed under the Uniform Penalty and Interest Act.

The balance of damages, fees, and costs collected under Section 17-1a of the Criminal Code of 1961 shall be retained by the State's Attorney.

The agreement shall not affect the allocation of fines and costs imposed in any criminal prosecution.

(c) The Department may issue the Secretary of the Treasury of the United States (or his or her delegate) notice, as required by Section 6402(e) of the Internal Revenue Code, of any past due, legally enforceable State income tax obligation of a taxpayer.

The Department must notify the taxpayer that any fee charged to the State by the Secretary of the Treasury of the United States (or his or her delegate) under Internal Revenue Code Section 6402(e) is considered additional State income tax of the taxpayer with respect to whom the Department issued the notice, and is deemed assessed upon issuance by the Department of notice to the Secretary of the Treasury of the United States (or his or her delegate) under Section 6402(e) of the Internal Revenue Code;

a notice of additional State income tax is not considered a notice of deficiency, and the taxpayer has no right of protest.

SB874 Enrolled -35- LRB093 02818 RCE 02834 b (Source:

P.A.

91-239, eff.

1-1-00;

92-492, eff.

1-1-02.) Section 50-8.

The Bureau of the Budget Act is amended by changing the Act title and Sections 0.01, 1, 2, 2.5, 2.7, 3, 4, 5.1, 6, 6.01, 7, and 9 and by adding Section 9.5 as follows:

(20 ILCS 3005/Act title) An Act to create ____G______________________a_____________ -----e---------- Budget and to define its powers and duties -----o---------------------o--.

(20 ILCS 3005/0.01) (from Ch.

141e)410) Sec.

5e.0.01.

TheShort Governor,title. in his o______ discretion, when he _____e_ deems it necessary for payments of the State's obligations, may authorize transfers from the Road Fund to the State Construction Account Fund.

AnyThis amountAct somay transferred shall be retransferredcited fromas the State_____n_____________________e_________ Construction------------e- AccountBudget FundAct. to the Road Fund by the end of the fiscal year in which the transfer was made.

The transfers out of the Road Fund shall not exceed $35,000,000 in any fiscal year.

No transfers from the Road Fund which impair the obligations of the State shall be authorized.

The Comptroller and the Treasurer, upon receipt of authorization from the Governor, shall make transfers in accordance with this Section.

In the event the Governor fails to authorize the retransfer into the Road Fund as required by this Section, the Comptroller and the Treasurer shall make such retransfer.

84-431.)86-1324.) (20 ILCS 3005/1) (from Ch.

127, par.

411) Sec.

1.

Definitions.

"-B----------------------r------------- -----t-- "Capital expenditure" means money spent for replacing, remodeling, expanding, or acquiring facilities, buildings or land owned directly by the State through any State department, authority, public corporation of the State, State college or university, or any other public agency created by the State, but not units of local government or school districts.

"Director" means the Director of the G _______r_____________ _____e_________ -----------h-- Budget.

_O_____________________v______________________n_____________ _____t__ "State Agency," whether used in the singular or plural, means all Departments, Officers, Commissions, Boards, Institutions and bodies, politic and corporate of the State, SB874 Enrolled -36- LRB093 02818 RCE 02834 b including the Offices of Clerk of the Supreme Court and Clerks of the Appellate Courts;

except it shall not mean the several Courts of the State, nor the Legislature, its Committees or Commissions, nor the Constitutionally elected State Officers.

(Source:

P.A.

81-1094.) (20 ILCS 3005/2) (from Ch.

127, par.

412) Sec.

2.

There is created in the executive office of the Governor a_________ -------u- to be known as the __________ _____e_____________________d_ ------------- Budget.

The O______ -----u- shall be headed by a Director, who shall be appointed by the Governor.

The functions of the O ______ --r---- shall be as prescribed in Sections 2.1 through 2.7 of this Act.

(Source:

P.A.

89-460, eff.

5-24-96.) (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 ______ -u----- 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 SB874 Enrolled -37- LRB093 02818 RCE 02834 b delivered to the Chairmen and Minority Spokesmen of the House and Senate Appropriations Committees and the Illinois Economic and Fiscal Commission on the date of the Governor's Budget Address to the General Assembly.

(Source:

P.A.

87-852.) (20 ILCS 3005/2.7) Sec.

2.7.

Securities information.

To assist those entities underwriting securities that are payable from State appropriations, whether issued by the State or by others, by providing financial and other information regarding the State to securities investors, nationally recognized securities information repositories, or the federal Municipal Securities Rulemaking Board, and to any State information depository as required by the federal Securities and Exchange Act of 1934 and the rules promulgated thereunder.

The ____r_____________ _____n____________ --------f----- Budget is the only State office authorized to provide such information.

(Source:

P.A.

89-460, eff.

5-24-96.) (20 ILCS 3005/3) (from Ch.

127, par.

413) Sec.

3.

The Director, under such rules and regulations as the Governor may prescribe, may organize the O_f_____ ------, allocate functions and duties within it, and appoint employees, in such a manner as best enables it to achieve its purposes and fulfill its responsibilities.

He is authorized to make expenditures for necessary expenses of the ______ -----u- within the appropriations made therefor.

(Source:

P.

A.

76-23.) (20 ILCS 3005/4) (from Ch.

127, par.

414) Sec.

4.

Under such regulations as the Governor may prescribe, (1) every State agency shall furnish to the O ______ -----u- such information as the O______ ------ may from time to SB874 Enrolled -38- LRB093 02818 RCE 02834 b time require, and (2) the Director or any duly authorized employee of the ______ ------ shall for the purpose of securing such information, have access to, and the right to examine, all books, documents, papers or records of any State agency.

(Source:

P.

A.

76-23.) (20 ILCS 3005/5.1) (from Ch.

127, par.

415) Sec.

5.1.

Under such regulations as the Governor may prescribe, every State agency, other than State colleges and universities, agencies of legislative and judicial branches of State government, and elected State executive officers not including the Governor, shall file with the Illinois Commission on Intergovernmental Cooperation all applications for federal grants, contracts and agreements.

The Commission on Intergovernmental Cooperation shall immediately forward all such materials to the ______ ------ for the O________ -----u--- approval.

Any application for federal funds which has not received ______ B------ approval shall be considered void and any funds received as a result of such application shall be returned to the federal government before they are spent.

Each State agency subject to this Section shall, at least 45 days before submitting its application to the federal agency, report in detail to the Commission on Intergovernmental Cooperation what the grant is intended to accomplish and the specific plans for spending the federal dollars received pursuant to the grant.

The Commission on Intergovernmental Cooperation shall immediately forward such materials to the O______ --r----.

The ______ -----u- may approve the submission of an application to the federal agency in less than 45 days after its receipt by the O _____e_ ------ when the ______ ------ determines that the circumstances require an expedited application.

Such reports of applications and plans of expenditure shall include but shall not be limited SB874 Enrolled -39- LRB093 02818 RCE 02834 b to:

(1) an estimate of both the direct and indirect costs in non-federal revenues of participation in the federal program;

(2) the probable length of duration of the program, a schedule of fund receipts and an estimate of the cost to the State of maintaining the program if and when the federal financial assistance or grant is terminated;

(3) a list of State or local agencies utilizing the financial assistance as direct recipients or subgrantees;

(4) a description of each program proposed to be funded by the financial assistance or grant;

and (5) a description of any financial, program or planning commitment on the part of the State required by the federal government as a requirement for receipt of the financial assistance or grant.

All State agencies subject to this Section shall immediately file with the Illinois Commission on Intergovernmental Cooperation, any awards of federal funds and any and all changes in the programs, in awards, in program duration, in schedule of fund receipts, and in estimated costs to the State of maintaining the program if and when federal assistance is terminated, or in direct and indirect costs, of any grant under which they are or expect to be receiving federal funds.

The Commission on Intergovernmental Cooperation shall immediately forward such materials to the O______ --r----.

The O______ ------ in cooperation with the Commission on Intergovernmental Cooperation shall develop standard forms and a system of identifying numbers for the applications and reports required by this Section.

Upon receipt from the State agencies of each application and report, the Commission shall promptly designate the appropriate identifying number therefor and communicate such number to the respective State agency, the Comptroller and the O ______ ------.

SB874 Enrolled -40- LRB093 02818 RCE 02834 b Each State agency subject to this Section shall include in each report to the Comptroller of the receipt of federal funds the identifying number applicable to the grant under which such funds are received.

(Source:

P.A.

87-961.) (20 ILCS 3005/6) (from Ch.

127, par.

416) Sec.

6.

In performing its responsibility under Section 2.1, to assist the Governor in submitting a recommended budget, the O______ ------ shall:

(a) Distribute to all state agencies the proper blanks necessary to the preparation of budget estimates, which blanks shall be in such form as shall be prescribed by the Director, to procure, among other things, information as to the revenues and expenditures for the preceding fiscal year, the appropriations made by the General Assembly for the preceding fiscal year, the expenditures therefrom, obligations incurred thereon, and the amounts unobligated and unexpended, an estimate of the revenues and expenditures of the current fiscal year, and an estimate of the revenues and amounts needed for the respective departments and offices for the next succeeding fiscal year.

(b) Require from each state agency its estimate of receipts and expenditures for the succeeding fiscal year, accompanied by a statement in writing giving facts and explanation of reasons for each item of expenditure requested.

(c) Make, at the discretion of the Director, further inquiries and investigations as to any item desired.

(d) Approve, disapprove or alter the estimates.

(Source:

P.

A.

76-2411.) (20 ILCS 3005/6.01) (from Ch.

127, par.

416.01) Sec.

6.01.

The several courts of the State, the General SB874 Enrolled -41- LRB093 02818 RCE 02834 b Assembly, its committees and commissions, and the elective officers in the Executive department shall file with the _____e_ ------ information which will enable the Governor to present to the General Assembly estimates of the amount of money required to be raised by taxation for all purposes.

They shall submit to the O_f_____ ------, on forms prescribed by the ______ ------, information as to the revenues and expenditures for the preceding fiscal year, the appropriations made by the General Assembly for the preceding fiscal year, the expenditures therefrom, obligations incurred thereon, and the amounts unobligated and unexpended, an estimate of the revenues and expenditures of the current fiscal year, and an estimate of the revenues and amounts needed for the respective departments and offices for the next succeeding fiscal year.

(Source:

P.

A.

76-2411.) (20 ILCS 3005/7) (from Ch.

127, par.

417) Sec.

7.

All statements and estimates of expenditures submitted to the ______ ------ in connection with the preparation of a State budget, and any other estimates of expenditures, supporting requests for appropriations, 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.

All such statements and estimates of expenditures relating to a particular function or activity shall be further formulated or subject to analysis in accordance with the following classification of objects:

(1) Personal services (2) State contribution for employee group insurance (3) Contractual services SB874 Enrolled -42- LRB093 02818 RCE 02834 b (4) Travel (5) Commodities (6) Equipment (7) Permanent improvements (8) Land (9) Electronic Data Processing (10) Telecommunication services (11) Operation of Automotive Equipment (12) Contingencies (13) Reserve (14) Interest (15) Awards and Grants (16) Debt Retirement (17) Non-cost Charges (Source:

P.A.

83-1303.) (20 ILCS 3005/9) (from Ch.

127, par.

419) Sec.

9.

All statements and estimates of expenditures submitted to the Director of the O______ ------ in connection with the preparation of a State budget, and any other estimates of expenditures supporting requests for appropriations, shall be accompanied by comparative performance data formulated according to the various functions and activities, and, whenever the nature of the work admits, according to the work units, for which the respective state agency is responsible.

All such statements and estimates of expenditures shall be accompanied, in addition, by a tabulation of all position and employment titles in such department, office or institution, the number of each, and the salaries for each, formulated according to divisions, bureaus, sections, offices, departments, boards, and similar subdivisions, which shall correspond as nearly as practicable to the functions and activities for which the department, office or institution is responsible.

SB874 Enrolled -43- LRB093 02818 RCE 02834 b (Source:

P.

A.

76-2411.) (20 ILCS 3005/9.5 new) _e_____________________g_______________________d____________ _____a______________________G______________________n____________ _____u_____________________c______________________r_____________ _____e_____________________f______________________p_____________ ______f____________________e______________________o_____________ _____o______________________i_____________________e_____________ _____e_____________________'______________________t_____________ _____a_____________________i______________________t_____________ _____B______________________i_____________________e_____________ _____e_____________________o______________________s_____________ _____e_____________________a_____________ Section 50-9.

The Arts Council Act is amended by changing Sections 1 and 6 as follows:

(20 ILCS 3915/1) (from Ch.