Rep. Gary Hannig
Filed: 5/29/2008
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1 | AMENDMENT TO HOUSE BILL 3741
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2 | AMENDMENT NO. ______. Amend House Bill 3741 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | FY2009 Budget
Implementation Act.
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6 | Section 5. Purpose. The purpose of this Act is to make the | ||||||
7 | changes
in State programs that are necessary to implement the | ||||||
8 | FY2009
budget.
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9 | Section 20. The Department of Public Health Powers and | ||||||
10 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
11 | amended by changing Section 2310-315 and by adding Section | ||||||
12 | 2310-394 as follows:
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13 | (20 ILCS 2310/2310-315) (was 20 ILCS 2310/55.41)
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14 | Sec. 2310-315. Prevention and treatment of AIDS. To perform |
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1 | the
following in relation to the prevention and
treatment of | ||||||
2 | acquired immunodeficiency syndrome (AIDS):
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3 | (1) Establish a State AIDS Control Unit within the | ||||||
4 | Department as
a
separate administrative subdivision, to | ||||||
5 | coordinate all State
programs and services relating to the | ||||||
6 | prevention, treatment, and
amelioration of AIDS.
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7 | (2) Conduct a public information campaign for physicians,
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8 | hospitals, health facilities, public health departments, law | ||||||
9 | enforcement
personnel, public employees, laboratories, and the | ||||||
10 | general public on
acquired immunodeficiency syndrome (AIDS) | ||||||
11 | and promote necessary measures
to reduce the incidence of AIDS | ||||||
12 | and the mortality from AIDS. This program
shall include, but | ||||||
13 | not be limited to, the establishment of a statewide
hotline and | ||||||
14 | a State AIDS information clearinghouse that will provide
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15 | periodic reports and releases to public officials, health | ||||||
16 | professionals,
community service organizations, and the | ||||||
17 | general public regarding new
developments or procedures | ||||||
18 | concerning prevention and treatment of AIDS.
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19 | (3) (Blank).
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20 | (4) Establish alternative blood test services that are not
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21 | operated by a blood bank, plasma center or hospital. The
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22 | Department shall prescribe by rule minimum criteria, standards | ||||||
23 | and
procedures for the establishment and operation of such | ||||||
24 | services, which shall
include, but not be limited to | ||||||
25 | requirements for the provision of
information, counseling and | ||||||
26 | referral services that ensure appropriate
counseling and |
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1 | referral for persons whose blood is tested and shows evidence | ||||||
2 | of
exposure to the human immunodeficiency virus (HIV) or other
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3 | identified causative agent of acquired immunodeficiency | ||||||
4 | syndrome (AIDS).
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5 | (5) Establish regional and community service networks of | ||||||
6 | public
and
private service providers or health care | ||||||
7 | professionals who may be involved
in AIDS research, prevention | ||||||
8 | and treatment.
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9 | (6) Provide grants to individuals, organizations or | ||||||
10 | facilities
to support
the following:
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11 | (A) Information, referral, and treatment
services.
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12 | (B) Interdisciplinary workshops for professionals | ||||||
13 | involved in
research and treatment.
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14 | (C) Establishment and operation of a statewide
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15 | hotline.
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16 | (D) Establishment and operation of alternative testing
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17 | services.
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18 | (E) Research into detection, prevention, and
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19 | treatment.
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20 | (F) Supplementation of other public and private
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21 | resources.
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22 | (G) Implementation by long-term care facilities of | ||||||
23 | Department
standards and procedures for the care and | ||||||
24 | treatment of persons with AIDS
and the development of | ||||||
25 | adequate numbers and types of placements for those
persons.
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26 | (7) (Blank).
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1 | (8) Accept any gift, donation, bequest, or grant of funds
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2 | from private or
public agencies, including federal funds that | ||||||
3 | may be provided for AIDS control
efforts.
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4 | (9) Develop and implement, in consultation with the | ||||||
5 | Long-Term
Care
Facility Advisory Board, standards and | ||||||
6 | procedures for long-term care
facilities that provide care and | ||||||
7 | treatment of persons with AIDS, including
appropriate | ||||||
8 | infection control procedures. The Department shall work
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9 | cooperatively with organizations representing those facilities | ||||||
10 | to
develop
adequate numbers and types of placements for persons | ||||||
11 | with AIDS and shall
advise those facilities on proper | ||||||
12 | implementation of its standards
and procedures.
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13 | (10) The Department shall create and administer a training
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14 | program
for State employees who have a need for understanding | ||||||
15 | matters relating to
AIDS in order to deal with or advise the | ||||||
16 | public. The training
shall
include information on the cause and | ||||||
17 | effects of AIDS, the means of
detecting it and preventing its | ||||||
18 | transmission, the availability of related
counseling and | ||||||
19 | referral, and other matters that may be
appropriate.
The | ||||||
20 | training may also be made available to employees of local
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21 | governments,
public service agencies, and private agencies | ||||||
22 | that contract
with the State;
in those cases the Department may | ||||||
23 | charge a reasonable fee to
recover the
cost of the training.
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24 | (11) Approve tests or testing procedures used in | ||||||
25 | determining
exposure to HIV or any other identified causative | ||||||
26 | agent of AIDS.
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1 | (12) Provide prescription drug benefits counseling for | ||||||
2 | persons with HIV or AIDS.
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3 | (13) Continue to administer the AIDS Drug Assistance | ||||||
4 | Program that provides drugs to prolong the lives of low income | ||||||
5 | Persons with Acquired Immunodeficiency Syndrome (AIDS) or | ||||||
6 | Human Immunodeficiency Virus (HIV) infection who are not | ||||||
7 | eligible under Article V of the Illinois Public Aid Code for | ||||||
8 | Medical Assistance, as provided under Title 77, Chapter 1, | ||||||
9 | Subchapter (k), Part 692, Section 692.10 of the Illinois | ||||||
10 | Administrative Code, effective August 1, 2000, except that the | ||||||
11 | financial qualification for that program shall be that the | ||||||
12 | anticipated gross monthly income shall be at or below 500% of | ||||||
13 | the most recent Federal Poverty Guidelines published annually | ||||||
14 | by the United States Department of Health and Human Services | ||||||
15 | for the size of the household. | ||||||
16 | (Source: P.A. 94-909, eff. 6-23-06.)
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17 | (20 ILCS 2310/2310-394 new)
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18 | Sec. 2310-394. Multiple sclerosis; home services. | ||||||
19 | (a) Subject to appropriation, the Department shall create a | ||||||
20 | program of services for persons with multiple sclerosis to help | ||||||
21 | those persons stay in their homes and out of institutions. The | ||||||
22 | Department shall collaborate with consumers to develop a | ||||||
23 | program of services that is consumer directed. | ||||||
24 | (1) There shall be meaningful consumer participation | ||||||
25 | in all aspects of program design, review, and improvement. |
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1 | (2) A review committee shall be established, comprised | ||||||
2 | of consumers and other stakeholders. The committee shall | ||||||
3 | meet at least once a year to evaluate the program, | ||||||
4 | including quality assurance data, and shall submit program | ||||||
5 | recommendations to the Department. | ||||||
6 | (3) Consumers shall have control in the selection, | ||||||
7 | management, and termination of providers. | ||||||
8 | (4) Providers shall be educated about | ||||||
9 | consumer-directed services and multiple sclerosis. | ||||||
10 | (b) To be eligible for the program, a person must meet the | ||||||
11 | following requirements: | ||||||
12 | (1) He or she must have a current diagnosis of multiple | ||||||
13 | sclerosis. | ||||||
14 | (2) He or she must have applied for benefits under the | ||||||
15 | Home Services Program operated by the Department of Human | ||||||
16 | Services and must have been determined not eligible for | ||||||
17 | benefits under that program because his or her retirement | ||||||
18 | assets or life insurance assets, or both, exceeded the | ||||||
19 | limits applicable to that program. | ||||||
20 | (3) He or she must have assets not exceeding $17,500. | ||||||
21 | In determining whether a person's assets meet this | ||||||
22 | requirement, the Department must disregard retirement | ||||||
23 | assets up to a total of $500,000 and disregard all life | ||||||
24 | insurance assets. | ||||||
25 | (c) This Section does not create any new entitlement to a | ||||||
26 | service, program, or benefit, but does not affect any |
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1 | entitlement to a service, program, or benefit created by any | ||||||
2 | other law.
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3 | Section 30. The I-FLY Act is amended by changing Section 25 | ||||||
4 | as follows:
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5 | (20 ILCS 3958/25)
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6 | Sec. 25. I-FLY Program.
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7 | (a) The Department shall establish
the I-FLY Program, in | ||||||
8 | cooperation with the Commission. The
Program shall consist of | ||||||
9 | the following components:
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10 | (1) air carrier recruitment and retention
grants as | ||||||
11 | described in subsection (c); and
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12 | (2) planning grants under subsection (d).
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13 | The Department may make grants under this Act only to | ||||||
14 | airports that are
located
completely outside of Cook County.
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15 | (b) During any one-year period, an airport may receive a | ||||||
16 | grant for only
one of the 2 components specified in subsection | ||||||
17 | (a).
| ||||||
18 | (c) Air carrier recruitment and retention program grants.
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19 | (1) An airport may receive an air carrier
recruitment | ||||||
20 | and retention program grant from the Department
only if:
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21 | (A) it is capable of supporting
takeoffs and | ||||||
22 | landings by aircraft that have at least 19
passenger | ||||||
23 | seats or have made improvements or
commitments to the | ||||||
24 | Department to provide this capability; and
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1 | (B) it has a commitment from an air
carrier to | ||||||
2 | start or continue air service to the community
that the | ||||||
3 | airport serves subject to financial support
from the | ||||||
4 | State and from the airport or unit of local
government | ||||||
5 | that the airport serves. The commitment must specify | ||||||
6 | that the air
carrier would not
provide or continue to | ||||||
7 | provide service to the community if
financial | ||||||
8 | assistance were not available.
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9 | (2) An application for an air carrier
recruitment and | ||||||
10 | retention program grant must contain commitments from the
| ||||||
11 | airport or the unit of local government in which the | ||||||
12 | airport is located
as to the amount of the total project | ||||||
13 | cost, the contribution
from the unit of local government or | ||||||
14 | airport, the method
in which the contribution from the | ||||||
15 | airport or unit of local
government will be generated, and | ||||||
16 | the requested State
contribution.
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17 | (3) The air carrier recruitment and retention program | ||||||
18 | grant shall be used
to
guarantee the financial viability of | ||||||
19 | air carriers providing reasonable air
service at the
| ||||||
20 | airport.
A grant under this subsection (c) to a particular | ||||||
21 | airport may
be in only one of the following 3 forms:
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22 | (A) A grant may be used to guarantee that an air | ||||||
23 | carrier shall
receive an agreed amount of revenue per | ||||||
24 | flight.
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25 | (B) A grant may be used to guarantee a reduced or
| ||||||
26 | subsidized consumer ticket price.
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1 | (C) A grant may be used to guarantee a profit goal | ||||||
2 | established by the
air
carrier and airport.
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3 | (4) During the first year of a grant under this | ||||||
4 | subsection
(c), the grant shall pay 80% of the total
cost | ||||||
5 | of the guarantee and the airport or unit of local | ||||||
6 | government in which
the
airport is
located shall pay 20% of | ||||||
7 | the total cost of the guarantee. During the second
year
of | ||||||
8 | a grant under this subsection
(c), the grant shall pay 80% | ||||||
9 | 50% of the total
cost of the guarantee and the airport or | ||||||
10 | the unit of local government in which
the
airport is
| ||||||
11 | located shall pay 20% 50% of the total
cost of the | ||||||
12 | guarantee.
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13 | (5) The total State funding for a
grant under this | ||||||
14 | subsection (c) to a particular airport may not exceed
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15 | $1,000,000 in any year.
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16 | (6) An airport that has received a 2-year grant
under | ||||||
17 | this subsection (c) may apply for another grant for an
| ||||||
18 | additional 2-year period; however, the Department shall, | ||||||
19 | in determining
whether to make a grant for an additional | ||||||
20 | 2-year period, give priority to other
airports that have | ||||||
21 | not previously
received a grant under this subsection (c). | ||||||
22 | The Department shall also
give priority in making grants | ||||||
23 | under this subsection (c) to airports at which
the | ||||||
24 | Department determines that a 2-year grant may result in
the | ||||||
25 | creation of stable and reliable commercial air
service | ||||||
26 | without an additional grant.
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1 | (d) Planning grants. An airport may apply for and receive a | ||||||
2 | planning
grant to conduct feasibility studies or business plans
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3 | designed to study the recruitment, retention, or expansion of
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4 | an air carrier at the airport. To be
eligible for a grant under | ||||||
5 | this subsection (d), the airport
must have the potential for | ||||||
6 | initial or expanded air service
as the Department
determines | ||||||
7 | through its evaluation process.
The grant shall pay 70% of the | ||||||
8 | total cost of the feasibility studies or
business
plans and the | ||||||
9 | airport or the unit of local government in which the
airport is | ||||||
10 | located shall pay 30% of the total cost of the feasibility | ||||||
11 | studies
or
business plans. An airport may receive only one | ||||||
12 | planning
grant.
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13 | (Source: P.A. 93-585, eff. 8-22-03; 94-839, eff. 6-6-06.)
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14 | Section 40. The State Finance Act is amended by changing | ||||||
15 | Sections 6z-30, 6z-70, 8.3, and 8g, by renumbering and changing | ||||||
16 | Section 6z-69 as added by Public Act 95-707, and by adding | ||||||
17 | Sections 5.710 and 6z-76 as follows: | ||||||
18 | (30 ILCS 105/5.710 new)
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19 | Sec. 5.710. The Civic Education Trust Fund.
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20 | (30 ILCS 105/6z-30)
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21 | Sec. 6z-30. University of Illinois Hospital Services Fund.
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22 | (a) The University of Illinois Hospital Services Fund is | ||||||
23 | created as a
special fund in the State Treasury. The following |
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1 | moneys shall be deposited
into the Fund:
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2 | (1) As soon as possible after the beginning of each | ||||||
3 | fiscal year (starting
in fiscal year 1995), and in no event | ||||||
4 | later than July 30, the State
Comptroller and the State | ||||||
5 | Treasurer shall automatically transfer $44,700,000
from | ||||||
6 | the General Revenue Fund to the University of Illinois | ||||||
7 | Hospital Services
Fund.
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8 | (2) All intergovernmental transfer payments to the | ||||||
9 | Department of Healthcare and Family Services (formerly
| ||||||
10 | Illinois Department of
Public Aid) by the University of | ||||||
11 | Illinois made pursuant to an
intergovernmental agreement | ||||||
12 | under subsection (b) or (c) of Section 5A-3 of
the Illinois | ||||||
13 | Public Aid Code.
| ||||||
14 | (3) All federal matching funds received by the | ||||||
15 | Department of Healthcare and Family Services (formerly
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16 | Illinois Department of
Public Aid) as a result of | ||||||
17 | expenditures made by the Department that are
attributable | ||||||
18 | to moneys that were deposited in the Fund.
| ||||||
19 | (b) Moneys in the fund may be used by the Department of | ||||||
20 | Healthcare and Family Services (formerly Illinois Department | ||||||
21 | of Public Aid),
subject to appropriation, to reimburse the | ||||||
22 | University of Illinois Hospital for
hospital and pharmacy | ||||||
23 | services , and to reimburse practitioners as defined in Section | ||||||
24 | 5-8 of the Illinois Public Aid Code (305 ILCS 5/5-8) who are | ||||||
25 | employed by the University of Illinois Hospital . The fund may | ||||||
26 | also be used to make monthly
transfers to the
General Revenue |
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1 | Fund as provided in subsection (c).
| ||||||
2 | (c) The State Comptroller and State Treasurer shall | ||||||
3 | automatically transfer
on the last day of each month except | ||||||
4 | June, beginning August 31, 1994, from the
University of | ||||||
5 | Illinois Hospital Services Fund to the General Revenue Fund, an
| ||||||
6 | amount determined and certified to the State Comptroller by the | ||||||
7 | Director of Healthcare and Family Services (formerly Director | ||||||
8 | of
Public Aid), equal to the amount by which the balance in the | ||||||
9 | Fund exceeds the
amount necessary to ensure timely payments to | ||||||
10 | the University of Illinois
Hospital.
| ||||||
11 | On June 30, 1995 and each June 30 thereafter, the State | ||||||
12 | Comptroller and State
Treasurer shall automatically transfer | ||||||
13 | the entire balance in the University of
Illinois Hospital | ||||||
14 | Services Fund to the General Revenue Fund.
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15 | (Source: P.A. 95-331, eff. 8-21-07.)
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16 | (30 ILCS 105/6z-70) | ||||||
17 | Sec. 6z-70. The Secretary of State Identification Security | ||||||
18 | and Theft Prevention Fund. | ||||||
19 | (a) The Secretary of State Identification Security and | ||||||
20 | Theft Prevention Fund is created as a special fund in the State | ||||||
21 | treasury. The Fund shall consist of any fund transfers, grants, | ||||||
22 | fees, or moneys from other sources received for the purpose of | ||||||
23 | funding identification security and theft prevention measures. | ||||||
24 | (b) All moneys in the Secretary of State Identification | ||||||
25 | Security and Theft Prevention Fund shall be used, subject to |
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1 | appropriation, for any costs related to implementing | ||||||
2 | identification security and theft prevention measures. | ||||||
3 | (c) Notwithstanding any other provision of State law to the | ||||||
4 | contrary, on or after July 1, 2007, and until June 30, 2008, in | ||||||
5 | addition to any other transfers that may be provided for by | ||||||
6 | law, at the direction of and upon notification of the Secretary | ||||||
7 | of State, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer amounts into the Secretary of State | ||||||
9 | Identification Security and Theft Prevention Fund from the | ||||||
10 | designated funds not exceeding the following totals: | ||||||
11 | Lobbyist Registration Administration Fund .......$100,000 | ||||||
12 | Registered Limited Liability Partnership Fund ....$75,000 | ||||||
13 | Securities Investors Education Fund .............$500,000 | ||||||
14 | Securities Audit and Enforcement Fund .........$5,725,000 | ||||||
15 | Department of Business Services | ||||||
16 | Special Operations Fund .......................$3,000,000 | ||||||
17 | Corporate Franchise Tax Refund Fund .........$3,000,000.
| ||||||
18 | (d) Notwithstanding any other provision of State law to the | ||||||
19 | contrary, on or after July 1, 2008, and until June 30, 2009, in | ||||||
20 | addition to any other transfers that may be provided for by | ||||||
21 | law, at the direction of and upon notification of the Secretary | ||||||
22 | of State, the State Comptroller shall direct and the State | ||||||
23 | Treasurer shall transfer amounts into the Secretary of State | ||||||
24 | Identification Security and Theft Prevention Fund from the | ||||||
25 | designated funds not exceeding the following totals: | ||||||
26 | Lobbyist Registration Administration Fund ........$100,000 |
| |||||||
| |||||||
1 | Registered Limited Liability Partnership Fund .....$75,000 | ||||||
2 | Securities Investors Education Fund ..............$500,000 | ||||||
3 | Securities Audit and Enforcement Fund ..........$5,725,000 | ||||||
4 | Department of Business Services | ||||||
5 | Special Operations Fund ...................$3,000,000 | ||||||
6 | Corporate Franchise Tax Refund Fund ............$3,000,000 | ||||||
7 | State Parking Facility Maintenance Fund .........$100,000 | ||||||
8 | (Source: P.A. 95-707, eff. 1-11-08.) | ||||||
9 | (30 ILCS 105/6z-71) | ||||||
10 | Sec. 6z-71
6z-69 . Human Services Priority Capital Program | ||||||
11 | Fund. The Human Services Priority Capital Program Fund is | ||||||
12 | created as a special fund in the State treasury. Subject to | ||||||
13 | appropriation, the Department of Human Services shall use | ||||||
14 | moneys in the Human Services Priority Capital Program Fund to | ||||||
15 | make grants to the Illinois Facilities Fund, a not-for-profit | ||||||
16 | corporation, to make long term below market rate loans to | ||||||
17 | nonprofit human service providers working under contract to the | ||||||
18 | State of Illinois to assist those providers in meeting their | ||||||
19 | capital needs. The loans shall be for the purpose of such | ||||||
20 | capital needs, including but not limited to special use | ||||||
21 | facilities, requirements for serving the disabled, mentally | ||||||
22 | ill, or substance abusers, and medical and technology | ||||||
23 | equipment. Loan repayments shall be deposited into the Human | ||||||
24 | Services Priority Capital Program Fund. Interest income may be | ||||||
25 | used to cover expenses of the program. The Illinois Facilities |
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1 | Fund shall report to the Department of Human Services and the | ||||||
2 | General Assembly by April 1, 2008 , and again by April 1, 2009, | ||||||
3 | as to the use and earnings of the program.
| ||||||
4 | (Source: P.A. 95-707, eff. 1-11-08; revised 1-23-08.) | ||||||
5 | (30 ILCS 105/6z-76 new)
| ||||||
6 | Sec. 6z-76. Civic Education Trust Fund. The Civic Education | ||||||
7 | Trust Fund is created as a special fund in the State treasury. | ||||||
8 | The Fund may receive any gifts, grants, donations, | ||||||
9 | appropriations, or transfers for use towards the purposes set | ||||||
10 | forth in Section 3-15.17 of the School Code.
| ||||||
11 | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
| ||||||
12 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
13 | State of
Illinois incurs any bonded indebtedness for the | ||||||
14 | construction of
permanent highways, be set aside and used for | ||||||
15 | the purpose of paying and
discharging annually the principal | ||||||
16 | and interest on that bonded
indebtedness then due and payable, | ||||||
17 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
18 | after the payment of principal and
interest on that bonded | ||||||
19 | indebtedness then annually due shall be used as
follows:
| ||||||
20 | first -- to pay the cost of administration of Chapters | ||||||
21 | 2 through 10 of
the Illinois Vehicle Code, except the cost | ||||||
22 | of administration of Articles I and
II of Chapter 3 of that | ||||||
23 | Code; and
| ||||||
24 | secondly -- for expenses of the Department of |
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1 | Transportation for
construction, reconstruction, | ||||||
2 | improvement, repair, maintenance,
operation, and | ||||||
3 | administration of highways in accordance with the
| ||||||
4 | provisions of laws relating thereto, or for any purpose | ||||||
5 | related or
incident to and connected therewith, including | ||||||
6 | the separation of grades
of those highways with railroads | ||||||
7 | and with highways and including the
payment of awards made | ||||||
8 | by the Illinois Workers' Compensation Commission under the | ||||||
9 | terms of
the Workers' Compensation Act or Workers' | ||||||
10 | Occupational Diseases Act for
injury or death of an | ||||||
11 | employee of the Division of Highways in the
Department of | ||||||
12 | Transportation; or for the acquisition of land and the
| ||||||
13 | erection of buildings for highway purposes, including the | ||||||
14 | acquisition of
highway right-of-way or for investigations | ||||||
15 | to determine the reasonably
anticipated future highway | ||||||
16 | needs; or for making of surveys, plans,
specifications and | ||||||
17 | estimates for and in the construction and maintenance
of | ||||||
18 | flight strips and of highways necessary to provide access | ||||||
19 | to military
and naval reservations, to defense industries | ||||||
20 | and defense-industry
sites, and to the sources of raw | ||||||
21 | materials and for replacing existing
highways and highway | ||||||
22 | connections shut off from general public use at
military | ||||||
23 | and naval reservations and defense-industry sites, or for | ||||||
24 | the
purchase of right-of-way, except that the State shall | ||||||
25 | be reimbursed in
full for any expense incurred in building | ||||||
26 | the flight strips; or for the
operating and maintaining of |
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| |||||||
1 | highway garages; or for patrolling and
policing the public | ||||||
2 | highways and conserving the peace; or for the operating | ||||||
3 | expenses of the Department relating to the administration | ||||||
4 | of public transportation programs; or for any of
those | ||||||
5 | purposes or any other purpose that may be provided by law.
| ||||||
6 | Appropriations for any of those purposes are payable from | ||||||
7 | the Road
Fund. Appropriations may also be made from the Road | ||||||
8 | Fund for the
administrative expenses of any State agency that | ||||||
9 | are related to motor
vehicles or arise from the use of motor | ||||||
10 | vehicles.
| ||||||
11 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
12 | Fund monies
shall be appropriated to the following Departments | ||||||
13 | or agencies of State
government for administration, grants, or | ||||||
14 | operations; but this
limitation is not a restriction upon | ||||||
15 | appropriating for those purposes any
Road Fund monies that are | ||||||
16 | eligible for federal reimbursement;
| ||||||
17 | 1. Department of Public Health;
| ||||||
18 | 2. Department of Transportation, only with respect to | ||||||
19 | subsidies for
one-half fare Student Transportation and | ||||||
20 | Reduced Fare for Elderly;
| ||||||
21 | 3. Department of Central Management
Services, except | ||||||
22 | for expenditures
incurred for group insurance premiums of | ||||||
23 | appropriate personnel;
| ||||||
24 | 4. Judicial Systems and Agencies.
| ||||||
25 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
26 | Fund monies
shall be appropriated to the following Departments |
| |||||||
| |||||||
1 | or agencies of State
government for administration, grants, or | ||||||
2 | operations; but this
limitation is not a restriction upon | ||||||
3 | appropriating for those purposes any
Road Fund monies that are | ||||||
4 | eligible for federal reimbursement:
| ||||||
5 | 1. Department of State Police, except for expenditures | ||||||
6 | with
respect to the Division of Operations;
| ||||||
7 | 2. Department of Transportation, only with respect to | ||||||
8 | Intercity Rail
Subsidies and Rail Freight Services.
| ||||||
9 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
10 | Fund monies
shall be appropriated to the following Departments | ||||||
11 | or agencies of State
government for administration, grants, or | ||||||
12 | operations; but this
limitation is not a restriction upon | ||||||
13 | appropriating for those purposes any
Road Fund monies that are | ||||||
14 | eligible for federal reimbursement: Department
of Central | ||||||
15 | Management Services, except for awards made by
the Illinois | ||||||
16 | Workers' Compensation Commission under the terms of the | ||||||
17 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
18 | Act for injury or death of an employee of
the Division of | ||||||
19 | Highways in the Department of Transportation.
| ||||||
20 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
21 | Fund monies
shall be appropriated to the following Departments | ||||||
22 | or agencies of State
government for administration, grants, or | ||||||
23 | operations; but this
limitation is not a restriction upon | ||||||
24 | appropriating for those purposes any
Road Fund monies that are | ||||||
25 | eligible for federal reimbursement:
| ||||||
26 | 1. Department of State Police, except not more than 40% |
| |||||||
| |||||||
1 | of the
funds appropriated for the Division of Operations;
| ||||||
2 | 2. State Officers.
| ||||||
3 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
4 | Fund monies
shall be appropriated to any Department or agency | ||||||
5 | of State government
for administration, grants, or operations | ||||||
6 | except as provided hereafter;
but this limitation is not a | ||||||
7 | restriction upon appropriating for those
purposes any Road Fund | ||||||
8 | monies that are eligible for federal
reimbursement. It shall | ||||||
9 | not be lawful to circumvent the above
appropriation limitations | ||||||
10 | by governmental reorganization or other
methods. | ||||||
11 | Appropriations shall be made from the Road Fund only in
| ||||||
12 | accordance with the provisions of this Section.
| ||||||
13 | Money in the Road Fund shall, if and when the State of | ||||||
14 | Illinois
incurs any bonded indebtedness for the construction of | ||||||
15 | permanent
highways, be set aside and used for the purpose of | ||||||
16 | paying and
discharging during each fiscal year the principal | ||||||
17 | and interest on that
bonded indebtedness as it becomes due and | ||||||
18 | payable as provided in the
Transportation Bond Act, and for no | ||||||
19 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
20 | payment of
principal and interest on that bonded indebtedness | ||||||
21 | then annually due
shall be used as follows:
| ||||||
22 | first -- to pay the cost of administration of Chapters | ||||||
23 | 2 through 10
of the Illinois Vehicle Code; and
| ||||||
24 | secondly -- no Road Fund monies derived from fees, | ||||||
25 | excises, or
license taxes relating to registration, | ||||||
26 | operation and use of vehicles on
public highways or to |
| |||||||
| |||||||
1 | fuels used for the propulsion of those vehicles,
shall be | ||||||
2 | appropriated or expended other than for costs of | ||||||
3 | administering
the laws imposing those fees, excises, and | ||||||
4 | license taxes, statutory
refunds and adjustments allowed | ||||||
5 | thereunder, administrative costs of the
Department of | ||||||
6 | Transportation, including, but not limited to, the | ||||||
7 | operating expenses of the Department relating to the | ||||||
8 | administration of public transportation programs, payment | ||||||
9 | of debts and liabilities incurred
in construction and | ||||||
10 | reconstruction of public highways and bridges,
acquisition | ||||||
11 | of rights-of-way for and the cost of construction,
| ||||||
12 | reconstruction, maintenance, repair, and operation of | ||||||
13 | public highways and
bridges under the direction and | ||||||
14 | supervision of the State, political
subdivision, or | ||||||
15 | municipality collecting those monies, and the costs for
| ||||||
16 | patrolling and policing the public highways (by State, | ||||||
17 | political
subdivision, or municipality collecting that | ||||||
18 | money) for enforcement of
traffic laws. The separation of | ||||||
19 | grades of such highways with railroads
and costs associated | ||||||
20 | with protection of at-grade highway and railroad
crossing | ||||||
21 | shall also be permissible.
| ||||||
22 | Appropriations for any of such purposes are payable from | ||||||
23 | the Road
Fund or the Grade Crossing Protection Fund as provided | ||||||
24 | in Section 8 of
the Motor Fuel Tax Law.
| ||||||
25 | Except as provided in this paragraph, beginning with fiscal | ||||||
26 | year 1991 and
thereafter, no Road Fund monies
shall be |
| |||||||
| |||||||
1 | appropriated to the Department of State Police for the purposes | ||||||
2 | of
this Section in excess of its total fiscal year 1990 Road | ||||||
3 | Fund
appropriations for those purposes unless otherwise | ||||||
4 | provided in Section 5g of
this Act.
For fiscal years 2003,
| ||||||
5 | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | ||||||
6 | appropriated to the
Department of State Police for the purposes | ||||||
7 | of this Section in excess of
$97,310,000.
For fiscal years year | ||||||
8 | 2008 and 2009 only, no Road
Fund monies shall be appropriated | ||||||
9 | to the Department of State Police for the purposes of
this | ||||||
10 | Section in excess of $106,100,000. It shall not be lawful to | ||||||
11 | circumvent this limitation on
appropriations by governmental | ||||||
12 | reorganization or other methods unless
otherwise provided in | ||||||
13 | Section 5g of this Act.
| ||||||
14 | In fiscal year 1994, no Road Fund monies shall be | ||||||
15 | appropriated
to the
Secretary of State for the purposes of this | ||||||
16 | Section in excess of the total
fiscal year 1991 Road Fund | ||||||
17 | appropriations to the Secretary of State for
those purposes, | ||||||
18 | plus $9,800,000. It
shall not be
lawful to circumvent
this | ||||||
19 | limitation on appropriations by governmental reorganization or | ||||||
20 | other
method.
| ||||||
21 | Beginning with fiscal year 1995 and thereafter, no Road | ||||||
22 | Fund
monies
shall be appropriated to the Secretary of State for | ||||||
23 | the purposes of this
Section in excess of the total fiscal year | ||||||
24 | 1994 Road Fund
appropriations to
the Secretary of State for | ||||||
25 | those purposes. It shall not be lawful to
circumvent this | ||||||
26 | limitation on appropriations by governmental reorganization
or |
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
1 | other methods.
| |||||||||||||||||||||||||||||||||||||||||||||
2 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||||||||||||||||||||||||||
3 | appropriations to the
Secretary of State for the purposes of | |||||||||||||||||||||||||||||||||||||||||||||
4 | this Section shall not exceed the
amounts specified for the | |||||||||||||||||||||||||||||||||||||||||||||
5 | following fiscal years:
| |||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
17 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||||||||||||||||||||||||||
18 | appropriations by
governmental reorganization or other | |||||||||||||||||||||||||||||||||||||||||||||
19 | methods.
| |||||||||||||||||||||||||||||||||||||||||||||
20 | No new program may be initiated in fiscal year 1991 and
| |||||||||||||||||||||||||||||||||||||||||||||
21 | thereafter that is not consistent with the limitations imposed | |||||||||||||||||||||||||||||||||||||||||||||
22 | by this
Section for fiscal year 1984 and thereafter, insofar as | |||||||||||||||||||||||||||||||||||||||||||||
23 | appropriation of
Road Fund monies is concerned.
| |||||||||||||||||||||||||||||||||||||||||||||
24 | Nothing in this Section prohibits transfers from the Road | |||||||||||||||||||||||||||||||||||||||||||||
25 | Fund to the
State Construction Account Fund under Section 5e of | |||||||||||||||||||||||||||||||||||||||||||||
26 | this Act; nor to the
General Revenue Fund, as authorized by |
| |||||||
| |||||||
1 | this amendatory Act of
the 93rd
General Assembly.
| ||||||
2 | The additional amounts authorized for expenditure in this | ||||||
3 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| ||||||
4 | shall be repaid to the Road Fund
from the General Revenue Fund | ||||||
5 | in the next succeeding fiscal year that the
General Revenue | ||||||
6 | Fund has a positive budgetary balance, as determined by
| ||||||
7 | generally accepted accounting principles applicable to | ||||||
8 | government.
| ||||||
9 | The additional amounts authorized for expenditure by the | ||||||
10 | Secretary of State
and
the Department of State Police in this | ||||||
11 | Section by this amendatory Act of the
94th General Assembly | ||||||
12 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
13 | in the
next
succeeding fiscal year that the General Revenue | ||||||
14 | Fund has a positive budgetary
balance,
as determined by | ||||||
15 | generally accepted accounting principles applicable to
| ||||||
16 | government.
| ||||||
17 | (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | ||||||
18 | eff. 1-11-08.)
| ||||||
19 | (30 ILCS 105/8g)
| ||||||
20 | Sec. 8g. Fund transfers.
| ||||||
21 | (a) In addition to any other transfers that may be provided | ||||||
22 | for by law, as
soon as may be practical after the effective | ||||||
23 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
24 | State Comptroller shall direct and the State
Treasurer shall | ||||||
25 | transfer the sum of $10,000,000 from the General Revenue Fund
|
| |||||||
| |||||||
1 | to the Motor Vehicle License Plate Fund created by Senate Bill | ||||||
2 | 1028 of the 91st
General Assembly.
| ||||||
3 | (b) In addition to any other transfers that may be provided | ||||||
4 | for by law, as
soon as may be practical after the effective | ||||||
5 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
6 | State Comptroller shall direct and the State
Treasurer shall | ||||||
7 | transfer the sum of $25,000,000 from the General Revenue Fund
| ||||||
8 | to the Fund for Illinois' Future created by Senate Bill 1066 of | ||||||
9 | the 91st
General Assembly.
| ||||||
10 | (c) In addition to any other transfers that may be provided | ||||||
11 | for by law,
on August 30 of each fiscal year's license period, | ||||||
12 | the Illinois Liquor Control
Commission shall direct and the | ||||||
13 | State Comptroller and State Treasurer shall
transfer from the | ||||||
14 | General Revenue Fund to the Youth Alcoholism and Substance
| ||||||
15 | Abuse Prevention Fund an amount equal to the number of retail | ||||||
16 | liquor licenses
issued for that fiscal year multiplied by $50.
| ||||||
17 | (d) The payments to programs required under subsection (d) | ||||||
18 | of Section 28.1
of the Horse Racing Act of 1975 shall be made, | ||||||
19 | pursuant to appropriation, from
the special funds referred to | ||||||
20 | in the statutes cited in that subsection, rather
than directly | ||||||
21 | from the General Revenue Fund.
| ||||||
22 | Beginning January 1, 2000, on the first day of each month, | ||||||
23 | or as soon
as may be practical thereafter, the State | ||||||
24 | Comptroller shall direct and the
State Treasurer shall transfer | ||||||
25 | from the General Revenue Fund to each of the
special funds from | ||||||
26 | which payments are to be made under Section 28.1(d) of the
|
| |||||||
| |||||||
1 | Horse Racing Act of 1975 an amount equal to 1/12 of the annual | ||||||
2 | amount required
for those payments from that special fund, | ||||||
3 | which annual amount shall not exceed
the annual amount for | ||||||
4 | those payments from that special fund for the calendar
year | ||||||
5 | 1998. The special funds to which transfers shall be made under | ||||||
6 | this
subsection (d) include, but are not necessarily limited | ||||||
7 | to, the Agricultural
Premium Fund; the Metropolitan Exposition | ||||||
8 | Auditorium and Office Building Fund;
the Fair and Exposition | ||||||
9 | Fund; the Standardbred Breeders Fund; the Thoroughbred
| ||||||
10 | Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
| ||||||
11 | (e) In addition to any other transfers that may be provided | ||||||
12 | for by law,
as soon as may be practical after the effective | ||||||
13 | date of this amendatory Act of
the 91st General Assembly, but | ||||||
14 | in no event later than June 30, 2000, the State
Comptroller | ||||||
15 | shall direct and the State Treasurer shall transfer the sum of
| ||||||
16 | $15,000,000 from the General Revenue Fund to the Fund for | ||||||
17 | Illinois' Future.
| ||||||
18 | (f) In addition to any other transfers that may be provided | ||||||
19 | for by law,
as soon as may be practical after the effective | ||||||
20 | date of this amendatory Act of
the 91st General Assembly, but | ||||||
21 | in no event later than June 30, 2000, the State
Comptroller | ||||||
22 | shall direct and the State Treasurer shall transfer the sum of
| ||||||
23 | $70,000,000 from the General Revenue Fund to the Long-Term Care | ||||||
24 | Provider
Fund.
| ||||||
25 | (f-1) In fiscal year 2002, in addition to any other | ||||||
26 | transfers that may
be provided for by law, at the direction of |
| |||||||
| |||||||
1 | and upon notification from the
Governor, the State Comptroller | ||||||
2 | shall direct and the State Treasurer shall
transfer amounts not | ||||||
3 | exceeding a total of $160,000,000 from the General
Revenue Fund | ||||||
4 | to the Long-Term Care Provider Fund.
| ||||||
5 | (g) In addition to any other transfers that may be provided | ||||||
6 | for by law,
on July 1, 2001, or as soon thereafter as may be | ||||||
7 | practical, the State
Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer the sum of
$1,200,000 from the General | ||||||
9 | Revenue Fund to the Violence Prevention Fund.
| ||||||
10 | (h) In each of fiscal years 2002 through 2004, but not
| ||||||
11 | thereafter, in
addition to any other transfers that may be | ||||||
12 | provided for by law, the State
Comptroller shall direct and the | ||||||
13 | State Treasurer shall transfer $5,000,000
from the General | ||||||
14 | Revenue Fund to the Tourism Promotion Fund.
| ||||||
15 | (i) On or after July 1, 2001 and until May 1, 2002, in | ||||||
16 | addition to any
other transfers that may be provided for by | ||||||
17 | law, at the direction of and upon
notification from the | ||||||
18 | Governor, the State Comptroller shall direct and the
State | ||||||
19 | Treasurer shall transfer amounts not exceeding a total of | ||||||
20 | $80,000,000
from the General Revenue Fund to the Tobacco | ||||||
21 | Settlement Recovery Fund.
Any amounts so transferred shall be | ||||||
22 | re-transferred by the State Comptroller
and the State Treasurer | ||||||
23 | from the Tobacco Settlement Recovery Fund to the
General | ||||||
24 | Revenue Fund at the direction of and upon notification from the
| ||||||
25 | Governor, but in any event on or before June 30, 2002.
| ||||||
26 | (i-1) On or after July 1, 2002 and until May 1, 2003, in |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | addition to any
other transfers that may be provided for by | |||||||||||||||||||||||||||||||||||||||||
2 | law, at the direction of and upon
notification from the | |||||||||||||||||||||||||||||||||||||||||
3 | Governor, the State Comptroller shall direct and the
State | |||||||||||||||||||||||||||||||||||||||||
4 | Treasurer shall transfer amounts not exceeding a total of | |||||||||||||||||||||||||||||||||||||||||
5 | $80,000,000
from the General Revenue Fund to the Tobacco | |||||||||||||||||||||||||||||||||||||||||
6 | Settlement Recovery Fund.
Any amounts so transferred shall be | |||||||||||||||||||||||||||||||||||||||||
7 | re-transferred by the State Comptroller
and the State Treasurer | |||||||||||||||||||||||||||||||||||||||||
8 | from the Tobacco Settlement Recovery Fund to the
General | |||||||||||||||||||||||||||||||||||||||||
9 | Revenue Fund at the direction of and upon notification from the
| |||||||||||||||||||||||||||||||||||||||||
10 | Governor, but in any event on or before June 30, 2003.
| |||||||||||||||||||||||||||||||||||||||||
11 | (j) On or after July 1, 2001 and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||
12 | 2002, in addition to
any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||
13 | for by law, at the direction of and
upon notification from the | |||||||||||||||||||||||||||||||||||||||||
14 | Governor, the State Comptroller shall direct and the
State | |||||||||||||||||||||||||||||||||||||||||
15 | Treasurer shall transfer amounts not to exceed the following | |||||||||||||||||||||||||||||||||||||||||
16 | sums into
the Statistical Services Revolving Fund:
| |||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
12 | (k) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||
13 | for by law,
as soon as may be practical after the effective | |||||||||||||||||||||||||||||||||||||||||||||
14 | date of this amendatory Act of
the 92nd General Assembly, the | |||||||||||||||||||||||||||||||||||||||||||||
15 | State Comptroller shall direct and the State
Treasurer shall | |||||||||||||||||||||||||||||||||||||||||||||
16 | transfer the sum of $2,000,000 from the General Revenue Fund
to | |||||||||||||||||||||||||||||||||||||||||||||
17 | the Teachers Health Insurance Security Fund.
| |||||||||||||||||||||||||||||||||||||||||||||
18 | (k-1) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||
19 | provided for by
law, on July 1, 2002, or as soon as may be | |||||||||||||||||||||||||||||||||||||||||||||
20 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||||||||||||||||||||||||||||||
21 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||||||
22 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||||||
23 | Security Fund.
| |||||||||||||||||||||||||||||||||||||||||||||
24 | (k-2) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||
25 | provided for by
law, on July 1, 2003, or as soon as may be | |||||||||||||||||||||||||||||||||||||||||||||
26 | practical thereafter, the State
Comptroller shall direct and |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Security Fund.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (k-3) On or after July 1, 2002 and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | 2003, in
addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | for by law, at the
direction of and upon notification from the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Governor, the State Comptroller
shall direct and the State | |||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Treasurer shall transfer amounts not to exceed the
following | |||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | sums into the Statistical Services Revolving Fund:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | (l) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | for by law, on
July 1, 2002, or as soon as may be practical | |||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | thereafter, the State Comptroller
shall direct and the State | |||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | Treasurer shall transfer the sum of $3,000,000 from
the General |
| |||||||
| |||||||
1 | Revenue Fund to the Presidential Library and Museum Operating
| ||||||
2 | Fund.
| ||||||
3 | (m) In addition to any other transfers that may be provided | ||||||
4 | for by law, on
July 1, 2002 and on the effective date of this | ||||||
5 | amendatory Act of the 93rd
General Assembly, or as soon | ||||||
6 | thereafter as may be practical, the State Comptroller
shall | ||||||
7 | direct and the State Treasurer shall transfer the sum of | ||||||
8 | $1,200,000 from
the General Revenue Fund to the Violence | ||||||
9 | Prevention Fund.
| ||||||
10 | (n) In addition to any other transfers that may be provided | ||||||
11 | for by law,
on July 1,
2003, or as soon thereafter as may be | ||||||
12 | practical, the State Comptroller shall
direct and the
State | ||||||
13 | Treasurer shall transfer the sum of $6,800,000 from the General | ||||||
14 | Revenue
Fund to
the DHS Recoveries Trust Fund.
| ||||||
15 | (o) On or after July 1, 2003, and no later than June 30, | ||||||
16 | 2004, in
addition to any
other transfers that may be provided | ||||||
17 | for by law, at the direction of and upon
notification
from the | ||||||
18 | Governor, the State Comptroller shall direct and the State | ||||||
19 | Treasurer
shall
transfer amounts not to exceed the following | ||||||
20 | sums into the Vehicle Inspection
Fund:
| ||||||
| |||||||
22 | (p) On or after July 1, 2003 and until May 1, 2004, in | ||||||
23 | addition to any
other
transfers that may be provided for by | ||||||
24 | law, at the direction of and upon
notification from
the | ||||||
25 | Governor, the State Comptroller shall direct and the State | ||||||
26 | Treasurer shall
transfer
amounts not exceeding a total of |
| |||||||
| |||||||
1 | $80,000,000 from the General Revenue Fund to
the
Tobacco | ||||||
2 | Settlement Recovery Fund. Any amounts so transferred shall be
| ||||||
3 | re-transferred
from the Tobacco Settlement Recovery Fund to the | ||||||
4 | General Revenue Fund at the
direction of and upon notification | ||||||
5 | from the Governor, but in any event on or
before June
30, 2004.
| ||||||
6 | (q) In addition to any other transfers that may be provided | ||||||
7 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
8 | thereafter, the State Comptroller shall
direct and the
State | ||||||
9 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
10 | Revenue
Fund to
the Illinois Military Family Relief Fund.
| ||||||
11 | (r) In addition to any other transfers that may be provided | ||||||
12 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
13 | thereafter, the State Comptroller shall
direct and the
State | ||||||
14 | Treasurer shall transfer the sum of $1,922,000 from the General | ||||||
15 | Revenue
Fund to
the Presidential Library and Museum Operating | ||||||
16 | Fund.
| ||||||
17 | (s) In addition to any other transfers that may be provided | ||||||
18 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
19 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
20 | $4,800,000 from the Statewide Economic Development Fund to the | ||||||
21 | General
Revenue Fund.
| ||||||
22 | (t) In addition to any other transfers that may be provided | ||||||
23 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
24 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
25 | $50,000,000 from the General Revenue Fund to the Budget | ||||||
26 | Stabilization
Fund.
|
| |||||||
| |||||||
1 | (u) On or after July 1, 2004 and until May 1, 2005, in | ||||||
2 | addition to any other transfers that may be provided for by | ||||||
3 | law, at the direction of and upon notification from the | ||||||
4 | Governor, the State Comptroller shall direct and the State | ||||||
5 | Treasurer shall transfer amounts not exceeding a total of | ||||||
6 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
7 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
8 | retransferred by the State Comptroller and the State Treasurer | ||||||
9 | from the Tobacco Settlement Recovery Fund to the General | ||||||
10 | Revenue Fund at the direction of and upon notification from the | ||||||
11 | Governor, but in any event on or before June 30, 2005.
| ||||||
12 | (v) In addition to any other transfers that may be provided | ||||||
13 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
14 | practical, the State Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
16 | Revenue Fund to the Violence Prevention Fund. | ||||||
17 | (w) In addition to any other transfers that may be provided | ||||||
18 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
19 | practical, the State Comptroller shall direct and the State | ||||||
20 | Treasurer shall transfer the sum of $6,445,000 from the General | ||||||
21 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
22 | Fund.
| ||||||
23 | (x) In addition to any other transfers that may be provided | ||||||
24 | for by law, on January 15, 2005, or as soon thereafter as may | ||||||
25 | be practical, the State Comptroller shall direct and the State | ||||||
26 | Treasurer shall transfer to the General Revenue Fund the |
| |||||||
| |||||||
1 | following sums: | ||||||
2 | From the State Crime Laboratory Fund, $200,000; | ||||||
3 | From the State Police Wireless Service Emergency Fund, | ||||||
4 | $200,000; | ||||||
5 | From the State Offender DNA Identification System | ||||||
6 | Fund, $800,000; and | ||||||
7 | From the State Police Whistleblower Reward and | ||||||
8 | Protection Fund, $500,000.
| ||||||
9 | (y) Notwithstanding any other provision of law to the | ||||||
10 | contrary, in addition to any other transfers that may be | ||||||
11 | provided for by law on June 30, 2005, or as soon as may be | ||||||
12 | practical thereafter, the State Comptroller shall direct and | ||||||
13 | the State Treasurer shall transfer the remaining balance from | ||||||
14 | the designated funds into the General Revenue Fund and any | ||||||
15 | future deposits that would otherwise be made into these funds | ||||||
16 | must instead be made into the General Revenue Fund:
| ||||||
17 | (1) the Keep Illinois Beautiful Fund;
| ||||||
18 | (2) the
Metropolitan Fair and Exposition Authority | ||||||
19 | Reconstruction Fund; | ||||||
20 | (3) the
New Technology Recovery Fund; | ||||||
21 | (4) the Illinois Rural Bond Bank Trust Fund; | ||||||
22 | (5) the ISBE School Bus Driver Permit Fund; | ||||||
23 | (6) the
Solid Waste Management Revolving Loan Fund; | ||||||
24 | (7)
the State Postsecondary Review Program Fund; | ||||||
25 | (8) the
Tourism Attraction Development Matching Grant | ||||||
26 | Fund; |
| |||||||
| |||||||
1 | (9) the
Patent and Copyright Fund; | ||||||
2 | (10) the
Credit Enhancement Development Fund; | ||||||
3 | (11) the
Community Mental Health and Developmental | ||||||
4 | Disabilities Services Provider Participation Fee Trust | ||||||
5 | Fund; | ||||||
6 | (12) the
Nursing Home Grant Assistance Fund; | ||||||
7 | (13) the
By-product Material Safety Fund; | ||||||
8 | (14) the
Illinois Student Assistance Commission Higher | ||||||
9 | EdNet Fund; | ||||||
10 | (15) the
DORS State Project Fund; | ||||||
11 | (16) the School Technology Revolving Fund; | ||||||
12 | (17) the
Energy Assistance Contribution Fund; | ||||||
13 | (18) the
Illinois Building Commission Revolving Fund; | ||||||
14 | (19) the
Illinois Aquaculture Development Fund; | ||||||
15 | (20) the
Homelessness Prevention Fund; | ||||||
16 | (21) the
DCFS Refugee Assistance Fund; | ||||||
17 | (22) the
Illinois Century Network Special Purposes | ||||||
18 | Fund; and | ||||||
19 | (23) the
Build Illinois Purposes Fund.
| ||||||
20 | (z) In addition to any other transfers that may be provided | ||||||
21 | for by law, on July 1, 2005, or as soon as may be practical | ||||||
22 | thereafter, the State Comptroller shall direct and the State | ||||||
23 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
24 | Revenue Fund to the Violence Prevention Fund.
| ||||||
25 | (aa) In addition to any other transfers that may be | ||||||
26 | provided for by law, on July 1, 2005, or as soon as may be |
| |||||||
| |||||||
1 | practical thereafter, the State Comptroller shall direct and | ||||||
2 | the State Treasurer shall transfer the sum of $9,000,000 from | ||||||
3 | the General Revenue Fund to the Presidential Library and Museum | ||||||
4 | Operating Fund.
| ||||||
5 | (bb) In addition to any other transfers that may be | ||||||
6 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
7 | practical thereafter, the State Comptroller shall direct and | ||||||
8 | the State Treasurer shall transfer the sum of $6,803,600 from | ||||||
9 | the General Revenue Fund to the Securities Audit and | ||||||
10 | Enforcement Fund.
| ||||||
11 | (cc) In addition to any other transfers that may be | ||||||
12 | provided for by law, on or after July 1, 2005 and until May 1, | ||||||
13 | 2006, at the direction of and upon notification from the | ||||||
14 | Governor, the State Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer amounts not exceeding a total of | ||||||
16 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
17 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
18 | re-transferred by the State Comptroller and the State Treasurer | ||||||
19 | from the Tobacco Settlement Recovery Fund to the General | ||||||
20 | Revenue Fund at the direction of and upon notification from the | ||||||
21 | Governor, but in any event on or before June 30, 2006.
| ||||||
22 | (dd) In addition to any other transfers that may be | ||||||
23 | provided for by law, on April 1, 2005, or as soon thereafter as | ||||||
24 | may be practical, at the direction of the Director of Public | ||||||
25 | Aid (now Director of Healthcare and Family Services), the State | ||||||
26 | Comptroller shall direct and the State Treasurer shall transfer |
| |||||||
| |||||||
1 | from the Public Aid Recoveries Trust Fund amounts not to exceed | ||||||
2 | $14,000,000 to the Community Mental Health Medicaid Trust Fund. | ||||||
3 | (ee) Notwithstanding any other provision of law, on July 1, | ||||||
4 | 2006, or as soon thereafter as practical, the State Comptroller | ||||||
5 | shall direct and the State Treasurer shall transfer the | ||||||
6 | remaining balance from the Illinois Civic Center Bond Fund to | ||||||
7 | the Illinois Civic Center Bond Retirement and Interest Fund. | ||||||
8 | (ff) In addition to any other transfers that may be | ||||||
9 | provided for by law, on and after July 1, 2006 and until June | ||||||
10 | 30, 2007, at the direction of and upon notification from the | ||||||
11 | Director of the Governor's Office of Management and Budget, the | ||||||
12 | State Comptroller shall direct and the State Treasurer shall | ||||||
13 | transfer amounts not exceeding a total of $1,900,000 from the | ||||||
14 | General Revenue Fund to the Illinois Capital Revolving Loan | ||||||
15 | Fund. | ||||||
16 | (gg) In addition to any other transfers that may be | ||||||
17 | provided for by law, on and after July 1, 2006 and until May 1, | ||||||
18 | 2007, at the direction of and upon notification from the | ||||||
19 | Governor, the State Comptroller shall direct and the State | ||||||
20 | Treasurer shall transfer amounts not exceeding a total of | ||||||
21 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
22 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
23 | retransferred by the State Comptroller and the State Treasurer | ||||||
24 | from the Tobacco Settlement Recovery Fund to the General | ||||||
25 | Revenue Fund at the direction of and upon notification from the | ||||||
26 | Governor, but in any event on or before June 30, 2007. |
| |||||||
| |||||||
1 | (hh) In addition to any other transfers that may be | ||||||
2 | provided for by law, on and after July 1, 2006 and until June | ||||||
3 | 30, 2007, at the direction of and upon notification from the | ||||||
4 | Governor, the State Comptroller shall direct and the State | ||||||
5 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
6 | Housing Trust Fund to the designated funds not exceeding the | ||||||
7 | following amounts: | ||||||
8 | DCFS Children's Services Fund .................$2,200,000
| ||||||
9 | Department of Corrections Reimbursement | ||||||
10 | and Education Fund ........................$1,500,000
| ||||||
11 | Supplemental Low-Income Energy | ||||||
12 | Assistance Fund ..............................$75,000
| ||||||
13 | (ii) In addition to any other transfers that may be | ||||||
14 | provided for by law, on or before August 31, 2006, the Governor | ||||||
15 | and the State Comptroller may agree to transfer the surplus | ||||||
16 | cash balance from the General Revenue Fund to the Budget | ||||||
17 | Stabilization Fund and the Pension Stabilization Fund in equal | ||||||
18 | proportions. The determination of the amount of the surplus | ||||||
19 | cash balance shall be made by the Governor, with the | ||||||
20 | concurrence of the State Comptroller, after taking into account | ||||||
21 | the June 30, 2006 balances in the general funds and the actual | ||||||
22 | or estimated spending from the general funds during the lapse | ||||||
23 | period. Notwithstanding the foregoing, the maximum amount that | ||||||
24 | may be transferred under this subsection (ii) is $50,000,000. | ||||||
25 | (jj) In addition to any other transfers that may be | ||||||
26 | provided for by law, on July 1, 2006, or as soon thereafter as |
| |||||||
| |||||||
1 | practical, the State Comptroller shall direct and the State | ||||||
2 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
3 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
4 | Fund. | ||||||
5 | (kk) In addition to any other transfers that may be | ||||||
6 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
7 | practical, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
9 | Revenue Fund to the Violence Prevention Fund.
| ||||||
10 | (ll) In addition to any other transfers that may be | ||||||
11 | provided for by law, on the first day of each calendar quarter | ||||||
12 | of the fiscal year beginning July 1, 2006, or as soon | ||||||
13 | thereafter as practical, the State Comptroller shall direct and | ||||||
14 | the State Treasurer shall transfer from the General Revenue | ||||||
15 | Fund amounts equal to one-fourth of $20,000,000 to the | ||||||
16 | Renewable Energy Resources Trust Fund. | ||||||
17 | (mm) In addition to any other transfers that may be | ||||||
18 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
19 | practical, the State Comptroller shall direct and the State | ||||||
20 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
21 | Revenue Fund to the I-FLY Fund. | ||||||
22 | (nn) In addition to any other transfers that may be | ||||||
23 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
24 | practical, the State Comptroller shall direct and the State | ||||||
25 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
26 | Revenue Fund to the African-American HIV/AIDS Response Fund. |
| |||||||
| |||||||
1 | (oo) In addition to any other transfers that may be | ||||||
2 | provided for by law, on and after July 1, 2006 and until June | ||||||
3 | 30, 2007, at the direction of and upon notification from the | ||||||
4 | Governor, the State Comptroller shall direct and the State | ||||||
5 | Treasurer shall transfer amounts identified as net receipts | ||||||
6 | from the sale of all or part of the Illinois Student Assistance | ||||||
7 | Commission loan portfolio from the Student Loan Operating Fund | ||||||
8 | to the General Revenue Fund. The maximum amount that may be | ||||||
9 | transferred pursuant to this Section is $38,800,000. In | ||||||
10 | addition, no transfer may be made pursuant to this Section that | ||||||
11 | would have the effect of reducing the available balance in the | ||||||
12 | Student Loan Operating Fund to an amount less than the amount | ||||||
13 | remaining unexpended and unreserved from the total | ||||||
14 | appropriations from the Fund estimated to be expended for the | ||||||
15 | fiscal year. The State Treasurer and Comptroller shall transfer | ||||||
16 | the amounts designated under this Section as soon as may be | ||||||
17 | practical after receiving the direction to transfer from the | ||||||
18 | Governor.
| ||||||
19 | (pp)
In addition to any other transfers that may be | ||||||
20 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
21 | practical, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer the sum of $2,000,000 from the General | ||||||
23 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
24 | (qq) In addition to any other transfers that may be | ||||||
25 | provided for by law, on and after July 1, 2007 and until May 1, | ||||||
26 | 2008, at the direction of and upon notification from the |
| |||||||
| |||||||
1 | Governor, the State Comptroller shall direct and the State | ||||||
2 | Treasurer shall transfer amounts not exceeding a total of | ||||||
3 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
4 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
5 | retransferred by the State Comptroller and the State Treasurer | ||||||
6 | from the Tobacco Settlement Recovery Fund to the General | ||||||
7 | Revenue Fund at the direction of and upon notification from the | ||||||
8 | Governor, but in any event on or before June 30, 2008. | ||||||
9 | (rr) In addition to any other transfers that may be | ||||||
10 | provided for by law, on and after July 1, 2007 and until June | ||||||
11 | 30, 2008, at the direction of and upon notification from the | ||||||
12 | Governor, the State Comptroller shall direct and the State | ||||||
13 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
14 | Housing Trust Fund to the designated funds not exceeding the | ||||||
15 | following amounts: | ||||||
16 | DCFS Children's Services Fund .................$2,200,000
| ||||||
17 | Department of Corrections Reimbursement | ||||||
18 | and Education Fund ........................$1,500,000
| ||||||
19 | Supplemental Low-Income Energy | ||||||
20 | Assistance Fund ..............................$75,000
| ||||||
21 | (ss) In addition to any other transfers that may be | ||||||
22 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
23 | practical, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
25 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
26 | Fund. |
| |||||||
| |||||||
1 | (tt) In addition to any other transfers that may be | ||||||
2 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
3 | practical, the State Comptroller shall direct and the State | ||||||
4 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
5 | Revenue Fund to the Violence Prevention Fund.
| ||||||
6 | (uu) In addition to any other transfers that may be | ||||||
7 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
8 | practical, the State Comptroller shall direct and the State | ||||||
9 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
10 | Revenue Fund to the I-FLY Fund. | ||||||
11 | (vv) In addition to any other transfers that may be | ||||||
12 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
13 | practical, the State Comptroller shall direct and the State | ||||||
14 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
15 | Revenue Fund to the African-American HIV/AIDS Response Fund. | ||||||
16 | (ww) In addition to any other transfers that may be | ||||||
17 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
18 | practical, the State Comptroller shall direct and the State | ||||||
19 | Treasurer shall transfer the sum of $3,500,000 from the General | ||||||
20 | Revenue Fund to the Predatory Lending Database Program Fund. | ||||||
21 | (xx) In addition to any other transfers that may be | ||||||
22 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
23 | practical, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
25 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
26 | (yy) In addition to any other transfers that may be |
| |||||||
| |||||||
1 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
2 | practical, the State Comptroller shall direct and the State | ||||||
3 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
4 | Revenue Fund to the Digital Divide Elimination Infrastructure | ||||||
5 | Fund. | ||||||
6 | (zz) In addition to any other transfers that may be | ||||||
7 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
8 | practical, the State Comptroller shall direct and the State | ||||||
9 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
10 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
11 | (aaa) In addition to any other transfers that may be | ||||||
12 | provided for by law, on and after July 1, 2008 and until May 1, | ||||||
13 | 2009, at the direction of and upon notification from the | ||||||
14 | Governor, the State Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer amounts not exceeding a total of | ||||||
16 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
17 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
18 | retransferred by the State Comptroller and the State Treasurer | ||||||
19 | from the Tobacco Settlement Recovery Fund to the General | ||||||
20 | Revenue Fund at the direction of and upon notification from the | ||||||
21 | Governor, but in any event on or before June 30, 2009. | ||||||
22 | (bbb) In addition to any other transfers that may be | ||||||
23 | provided for by law, on and after July 1, 2008 and until June | ||||||
24 | 30, 2009, at the direction of and upon notification from the | ||||||
25 | Governor, the State Comptroller shall direct and the State | ||||||
26 | Treasurer shall transfer amounts from the Illinois Affordable |
| |||||||
| |||||||
1 | Housing Trust Fund to the designated funds not exceeding the | ||||||
2 | following amounts: | ||||||
3 | DCFS Children's Services Fund .............$2,200,000 | ||||||
4 | Department of Corrections Reimbursement | ||||||
5 | and Education Fund ........................$1,500,000 | ||||||
6 | Supplemental Low-Income Energy | ||||||
7 | Assistance Fund ..............................$75,000 | ||||||
8 | (ccc) In addition to any other transfers that may be | ||||||
9 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
10 | practical, the State Comptroller shall direct and the State | ||||||
11 | Treasurer shall transfer the sum of $7,450,000 from the General | ||||||
12 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
13 | Fund. | ||||||
14 | (ddd) In addition to any other transfers that may be | ||||||
15 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
16 | practical, the State Comptroller shall direct and the State | ||||||
17 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
18 | Revenue Fund to the Violence Prevention Fund. | ||||||
19 | (eee) In addition to any other transfers that may be | ||||||
20 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
21 | practical, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer the sum of $150,000 from the General | ||||||
23 | Revenue Fund to the Civic Education Trust Fund. | ||||||
24 | (Source: P.A. 94-58, eff. 6-17-05; 94-91, eff. 7-1-05; 94-816, | ||||||
25 | eff. 5-30-06; 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; | ||||||
26 | 95-707, eff. 1-11-08.)
|
| |||||||
| |||||||
1 | Section 45. The Illinois Income Tax Act is amended by | ||||||
2 | changing Section 901 as follows:
| ||||||
3 | (35 ILCS 5/901) (from Ch. 120, par. 9-901)
| ||||||
4 | Sec. 901. Collection Authority.
| ||||||
5 | (a) In general.
| ||||||
6 | The Department shall collect the taxes imposed by this Act. | ||||||
7 | The Department
shall collect certified past due child support | ||||||
8 | amounts under Section 2505-650
of the Department of Revenue Law | ||||||
9 | (20 ILCS 2505/2505-650). Except as
provided in subsections (c) | ||||||
10 | and (e) of this Section, money collected
pursuant to | ||||||
11 | subsections (a) and (b) of Section 201 of this Act shall be
| ||||||
12 | paid into the General Revenue Fund in the State treasury; money
| ||||||
13 | collected pursuant to subsections (c) and (d) of Section 201 of | ||||||
14 | this Act
shall be paid into the Personal Property Tax | ||||||
15 | Replacement Fund, a special
fund in the State Treasury; and | ||||||
16 | money collected under Section 2505-650 of the
Department of | ||||||
17 | Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
| ||||||
18 | Child Support Enforcement Trust Fund, a special fund outside | ||||||
19 | the State
Treasury, or
to the State
Disbursement Unit | ||||||
20 | established under Section 10-26 of the Illinois Public Aid
| ||||||
21 | Code, as directed by the Department of Healthcare and Family | ||||||
22 | Services.
| ||||||
23 | (b) Local Governmental Distributive Fund.
| ||||||
24 | Beginning August 1, 1969, and continuing through June 30, |
| |||||||
| |||||||
1 | 1994, the Treasurer
shall transfer each month from the General | ||||||
2 | Revenue Fund to a special fund in
the State treasury, to be | ||||||
3 | known as the "Local Government Distributive Fund", an
amount | ||||||
4 | equal to 1/12 of the net revenue realized from the tax imposed | ||||||
5 | by
subsections (a) and (b) of Section 201 of this Act during | ||||||
6 | the preceding month.
Beginning July 1, 1994, and continuing | ||||||
7 | through June 30, 1995, the Treasurer
shall transfer each month | ||||||
8 | from the General Revenue Fund to the Local Government
| ||||||
9 | Distributive Fund an amount equal to 1/11 of the net revenue | ||||||
10 | realized from the
tax imposed by subsections (a) and (b) of | ||||||
11 | Section 201 of this Act during the
preceding month. Beginning | ||||||
12 | July 1, 1995, the Treasurer shall transfer each
month from the | ||||||
13 | General Revenue Fund to the Local Government Distributive Fund
| ||||||
14 | an amount equal to the net of (i) 1/10 of the net revenue | ||||||
15 | realized from the
tax imposed by
subsections (a) and (b) of | ||||||
16 | Section 201 of the Illinois Income Tax Act during
the preceding | ||||||
17 | month
(ii) minus, beginning July 1, 2003 and ending June 30, | ||||||
18 | 2004, $6,666,666, and
beginning July 1,
2004,
zero. Net revenue | ||||||
19 | realized for a month shall be defined as the
revenue from the | ||||||
20 | tax imposed by subsections (a) and (b) of Section 201 of this
| ||||||
21 | Act which is deposited in the General Revenue Fund, the | ||||||
22 | Educational Assistance
Fund and the Income Tax Surcharge Local | ||||||
23 | Government Distributive Fund during the
month minus the amount | ||||||
24 | paid out of the General Revenue Fund in State warrants
during | ||||||
25 | that same month as refunds to taxpayers for overpayment of | ||||||
26 | liability
under the tax imposed by subsections (a) and (b) of |
| |||||||
| |||||||
1 | Section 201 of this Act.
| ||||||
2 | (c) Deposits Into Income Tax Refund Fund.
| ||||||
3 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
4 | Department shall
deposit a percentage of the amounts | ||||||
5 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
6 | (3), of Section 201 of this Act into a fund in the State
| ||||||
7 | treasury known as the Income Tax Refund Fund. The | ||||||
8 | Department shall deposit 6%
of such amounts during the | ||||||
9 | period beginning January 1, 1989 and ending on June
30, | ||||||
10 | 1989. Beginning with State fiscal year 1990 and for each | ||||||
11 | fiscal year
thereafter, the percentage deposited into the | ||||||
12 | Income Tax Refund Fund during a
fiscal year shall be the | ||||||
13 | Annual Percentage. For fiscal years 1999 through
2001, the | ||||||
14 | Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||||||
15 | Annual Percentage shall be 8%.
For fiscal year 2004, the | ||||||
16 | Annual Percentage shall be 11.7%. Upon the effective date | ||||||
17 | of this amendatory Act of the 93rd General Assembly, the | ||||||
18 | Annual Percentage shall be 10% for fiscal year 2005. For | ||||||
19 | fiscal year 2006, the Annual Percentage shall be 9.75%. For | ||||||
20 | fiscal
year 2007, the Annual Percentage shall be 9.75%. For | ||||||
21 | fiscal year 2008, the Annual Percentage shall be 7.75%. For | ||||||
22 | fiscal year 2009, the Annual Percentage shall be 9.75%. For | ||||||
23 | all other
fiscal years, the
Annual Percentage shall be | ||||||
24 | calculated as a fraction, the numerator of which
shall be | ||||||
25 | the amount of refunds approved for payment by the | ||||||
26 | Department during
the preceding fiscal year as a result of |
| |||||||
| |||||||
1 | overpayment of tax liability under
subsections (a) and | ||||||
2 | (b)(1), (2), and (3) of Section 201 of this Act plus the
| ||||||
3 | amount of such refunds remaining approved but unpaid at the | ||||||
4 | end of the
preceding fiscal year, minus the amounts | ||||||
5 | transferred into the Income Tax
Refund Fund from the | ||||||
6 | Tobacco Settlement Recovery Fund, and
the denominator of | ||||||
7 | which shall be the amounts which will be collected pursuant
| ||||||
8 | to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||||||
9 | of this Act during
the preceding fiscal year; except that | ||||||
10 | in State fiscal year 2002, the Annual
Percentage shall in | ||||||
11 | no event exceed 7.6%. The Director of Revenue shall
certify | ||||||
12 | the Annual Percentage to the Comptroller on the last | ||||||
13 | business day of
the fiscal year immediately preceding the | ||||||
14 | fiscal year for which it is to be
effective.
| ||||||
15 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
16 | Department shall
deposit a percentage of the amounts | ||||||
17 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
18 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
19 | the State treasury known as the Income Tax
Refund Fund. The | ||||||
20 | Department shall deposit 18% of such amounts during the
| ||||||
21 | period beginning January 1, 1989 and ending on June 30, | ||||||
22 | 1989. Beginning
with State fiscal year 1990 and for each | ||||||
23 | fiscal year thereafter, the
percentage deposited into the | ||||||
24 | Income Tax Refund Fund during a fiscal year
shall be the | ||||||
25 | Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||||||
26 | the
Annual Percentage shall be 19%.
For fiscal year 2003, |
| |||||||
| |||||||
1 | the Annual Percentage shall be 27%. For fiscal year
2004, | ||||||
2 | the Annual Percentage shall be 32%.
Upon the effective date | ||||||
3 | of this amendatory Act of the 93rd General Assembly, the | ||||||
4 | Annual Percentage shall be 24% for fiscal year 2005.
For | ||||||
5 | fiscal year 2006, the Annual Percentage shall be 20%. For | ||||||
6 | fiscal
year 2007, the Annual Percentage shall be 17.5%. For | ||||||
7 | fiscal year 2008, the Annual Percentage shall be 15.5%. For | ||||||
8 | fiscal year 2009, the Annual Percentage shall be 17.5%. For | ||||||
9 | all other fiscal years, the Annual
Percentage shall be | ||||||
10 | calculated
as a fraction, the numerator of which shall be | ||||||
11 | the amount of refunds
approved for payment by the | ||||||
12 | Department during the preceding fiscal year as
a result of | ||||||
13 | overpayment of tax liability under subsections (a) and | ||||||
14 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||||||
15 | Act plus the
amount of such refunds remaining approved but | ||||||
16 | unpaid at the end of the
preceding fiscal year, and the | ||||||
17 | denominator of
which shall be the amounts which will be | ||||||
18 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
19 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
20 | preceding fiscal year; except that in State fiscal year | ||||||
21 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
22 | The Director of Revenue shall
certify the Annual Percentage | ||||||
23 | to the Comptroller on the last business day of
the fiscal | ||||||
24 | year immediately preceding the fiscal year for which it is | ||||||
25 | to be
effective.
| ||||||
26 | (3) The Comptroller shall order transferred and the |
| |||||||
| |||||||
1 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
2 | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||||||
3 | in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||||||
4 | (iii) $35,000,000 in January, 2003.
| ||||||
5 | (d) Expenditures from Income Tax Refund Fund.
| ||||||
6 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
7 | Refund Fund
shall be expended exclusively for the purpose | ||||||
8 | of paying refunds resulting
from overpayment of tax | ||||||
9 | liability under Section 201 of this Act, for paying
rebates | ||||||
10 | under Section 208.1 in the event that the amounts in the | ||||||
11 | Homeowners'
Tax Relief Fund are insufficient for that | ||||||
12 | purpose,
and for
making transfers pursuant to this | ||||||
13 | subsection (d).
| ||||||
14 | (2) The Director shall order payment of refunds | ||||||
15 | resulting from
overpayment of tax liability under Section | ||||||
16 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
17 | extent that amounts collected pursuant
to Section 201 of | ||||||
18 | this Act and transfers pursuant to this subsection (d)
and | ||||||
19 | item (3) of subsection (c) have been deposited and retained | ||||||
20 | in the
Fund.
| ||||||
21 | (3) As soon as possible after the end of each fiscal | ||||||
22 | year, the Director
shall
order transferred and the State | ||||||
23 | Treasurer and State Comptroller shall
transfer from the | ||||||
24 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
25 | Replacement Fund an amount, certified by the Director to | ||||||
26 | the Comptroller,
equal to the excess of the amount |
| |||||||
| |||||||
1 | collected pursuant to subsections (c) and
(d) of Section | ||||||
2 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
3 | during the fiscal year over the amount of refunds resulting | ||||||
4 | from
overpayment of tax liability under subsections (c) and | ||||||
5 | (d) of Section 201
of this Act paid from the Income Tax | ||||||
6 | Refund Fund during the fiscal year.
| ||||||
7 | (4) As soon as possible after the end of each fiscal | ||||||
8 | year, the Director shall
order transferred and the State | ||||||
9 | Treasurer and State Comptroller shall
transfer from the | ||||||
10 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
11 | Refund Fund an amount, certified by the Director to the | ||||||
12 | Comptroller, equal
to the excess of the amount of refunds | ||||||
13 | resulting from overpayment of tax
liability under | ||||||
14 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
15 | from the Income Tax Refund Fund during the fiscal year over | ||||||
16 | the amount
collected pursuant to subsections (c) and (d) of | ||||||
17 | Section 201 of this Act
deposited into the Income Tax | ||||||
18 | Refund Fund during the fiscal year.
| ||||||
19 | (4.5) As soon as possible after the end of fiscal year | ||||||
20 | 1999 and of each
fiscal year
thereafter, the Director shall | ||||||
21 | order transferred and the State Treasurer and
State | ||||||
22 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
23 | to the General
Revenue Fund any surplus remaining in the | ||||||
24 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
25 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
26 | attributable to transfers under item (3) of subsection (c) |
| |||||||
| |||||||
1 | less refunds
resulting from the earned income tax credit.
| ||||||
2 | (5) This Act shall constitute an irrevocable and | ||||||
3 | continuing
appropriation from the Income Tax Refund Fund | ||||||
4 | for the purpose of paying
refunds upon the order of the | ||||||
5 | Director in accordance with the provisions of
this Section.
| ||||||
6 | (e) Deposits into the Education Assistance Fund and the | ||||||
7 | Income Tax
Surcharge Local Government Distributive Fund.
| ||||||
8 | On July 1, 1991, and thereafter, of the amounts collected | ||||||
9 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
10 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
11 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
12 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
13 | January 31, 1993, of the amounts collected pursuant to
| ||||||
14 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
15 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
16 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
17 | Local Government Distributive Fund in the State
Treasury. | ||||||
18 | Beginning February 1, 1993 and continuing through June 30, | ||||||
19 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
20 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
21 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
22 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
23 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
24 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
25 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
26 | Act, minus deposits into the Income Tax
Refund Fund, the |
| |||||||
| |||||||
1 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
2 | Local Government Distributive Fund in the State Treasury.
| ||||||
3 | (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | ||||||
4 | eff. 1-11-08.)
| ||||||
5 | Section 47. The Motor Fuel Tax Law is amended by changing | ||||||
6 | Section 8 as follows:
| ||||||
7 | (35 ILCS 505/8) (from Ch. 120, par. 424)
| ||||||
8 | Sec. 8. Except as provided in Section 8a, subdivision
| ||||||
9 | (h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | ||||||
10 | 16 of Section 15, all money received by the Department under
| ||||||
11 | this Act, including payments made to the Department by
member | ||||||
12 | jurisdictions participating in the International Fuel Tax | ||||||
13 | Agreement,
shall be deposited in a special fund in the State | ||||||
14 | treasury, to be known as the
"Motor Fuel Tax Fund", and shall | ||||||
15 | be used as follows:
| ||||||
16 | (a) 2 1/2 cents per gallon of the tax collected on special | ||||||
17 | fuel under
paragraph (b) of Section 2 and Section 13a of this | ||||||
18 | Act shall be transferred
to the State Construction Account Fund | ||||||
19 | in the State Treasury;
| ||||||
20 | (b) $420,000 shall be transferred each month to the State | ||||||
21 | Boating Act
Fund to be used by the Department of Natural | ||||||
22 | Resources for the purposes
specified in Article X of the Boat | ||||||
23 | Registration and Safety Act;
| ||||||
24 | (c) $2,250,000 shall be transferred each month to the Grade |
| |||||||
| |||||||
1 | Crossing
Protection Fund to be used as follows: not less than | ||||||
2 | $6,000,000 each fiscal
year shall be used for the construction | ||||||
3 | or reconstruction of rail highway grade
separation structures; | ||||||
4 | $2,250,000 in fiscal year 2004 and each fiscal
year
thereafter | ||||||
5 | shall be transferred to the Transportation
Regulatory Fund and | ||||||
6 | shall be accounted for as part of the rail carrier
portion of | ||||||
7 | such funds and shall be used to pay the cost of administration
| ||||||
8 | of the Illinois Commerce Commission's railroad safety program | ||||||
9 | in connection
with its duties under subsection (3) of Section | ||||||
10 | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | ||||||
11 | used by the Department of Transportation
upon order of the | ||||||
12 | Illinois Commerce Commission, to pay that part of the
cost | ||||||
13 | apportioned by such Commission to the State to cover the | ||||||
14 | interest
of the public in the use of highways, roads, streets, | ||||||
15 | or
pedestrian walkways in the
county highway system, township | ||||||
16 | and district road system, or municipal
street system as defined | ||||||
17 | in the Illinois Highway Code, as the same may
from time to time | ||||||
18 | be amended, for separation of grades, for installation,
| ||||||
19 | construction or reconstruction of crossing protection or | ||||||
20 | reconstruction,
alteration, relocation including construction | ||||||
21 | or improvement of any
existing highway necessary for access to | ||||||
22 | property or improvement of any
grade crossing including the | ||||||
23 | necessary highway approaches thereto of any
railroad across the | ||||||
24 | highway or public road, or for the installation,
construction, | ||||||
25 | reconstruction, or maintenance of a pedestrian walkway over or
| ||||||
26 | under a railroad right-of-way, as provided for in and in
|
| |||||||
| |||||||
1 | accordance with Section 18c-7401 of the Illinois Vehicle Code.
| ||||||
2 | The Commission shall not order more than $2,000,000 per year in | ||||||
3 | Grade
Crossing Protection Fund moneys for pedestrian walkways.
| ||||||
4 | In entering orders for projects for which payments from the | ||||||
5 | Grade Crossing
Protection Fund will be made, the Commission | ||||||
6 | shall account for expenditures
authorized by the orders on a | ||||||
7 | cash rather than an accrual basis. For purposes
of this | ||||||
8 | requirement an "accrual basis" assumes that the total cost of | ||||||
9 | the
project is expended in the fiscal year in which the order | ||||||
10 | is entered, while a
"cash basis" allocates the cost of the | ||||||
11 | project among fiscal years as
expenditures are actually made. | ||||||
12 | To meet the requirements of this subsection,
the Illinois | ||||||
13 | Commerce Commission shall develop annual and 5-year project | ||||||
14 | plans
of rail crossing capital improvements that will be paid | ||||||
15 | for with moneys from
the Grade Crossing Protection Fund. The | ||||||
16 | annual project plan shall identify
projects for the succeeding | ||||||
17 | fiscal year and the 5-year project plan shall
identify projects | ||||||
18 | for the 5 directly succeeding fiscal years. The Commission
| ||||||
19 | shall submit the annual and 5-year project plans for this Fund | ||||||
20 | to the Governor,
the President of the Senate, the Senate | ||||||
21 | Minority Leader, the Speaker of the
House of Representatives, | ||||||
22 | and the Minority Leader of the House of
Representatives on
the | ||||||
23 | first Wednesday in April of each year;
| ||||||
24 | (d) of the amount remaining after allocations provided for | ||||||
25 | in
subsections (a), (b) and (c), a sufficient amount shall be | ||||||
26 | reserved to
pay all of the following:
|
| |||||||
| |||||||
1 | (1) the costs of the Department of Revenue in | ||||||
2 | administering this
Act;
| ||||||
3 | (2) the costs of the Department of Transportation in | ||||||
4 | performing its
duties imposed by the Illinois Highway Code | ||||||
5 | for supervising the use of motor
fuel tax funds apportioned | ||||||
6 | to municipalities, counties and road districts;
| ||||||
7 | (3) refunds provided for in Section 13 of this Act and | ||||||
8 | under the terms
of the International Fuel Tax Agreement | ||||||
9 | referenced in Section 14a;
| ||||||
10 | (4) from October 1, 1985 until June 30, 1994, the | ||||||
11 | administration of the
Vehicle Emissions Inspection Law, | ||||||
12 | which amount shall be certified monthly by
the | ||||||
13 | Environmental Protection Agency to the State Comptroller | ||||||
14 | and shall promptly
be transferred by the State Comptroller | ||||||
15 | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | ||||||
16 | Inspection Fund, and for the period July 1, 1994 through
| ||||||
17 | June 30, 2000, one-twelfth of $25,000,000 each month, for | ||||||
18 | the period July 1, 2000 through June 30, 2003,
one-twelfth | ||||||
19 | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | ||||||
20 | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| ||||||
21 | July
1 and October 1, or as soon thereafter as may be | ||||||
22 | practical, during the period July 1, 2004 through June 30, | ||||||
23 | 2009 2008 ,
for the administration of the Vehicle Emissions | ||||||
24 | Inspection Law of
2005 1995 , to be transferred by the State | ||||||
25 | Comptroller and Treasurer from the Motor
Fuel Tax Fund into | ||||||
26 | the Vehicle Inspection Fund;
|
| |||||||
| |||||||
1 | (5) amounts ordered paid by the Court of Claims; and
| ||||||
2 | (6) payment of motor fuel use taxes due to member | ||||||
3 | jurisdictions under
the terms of the International Fuel Tax | ||||||
4 | Agreement. The Department shall
certify these amounts to | ||||||
5 | the Comptroller by the 15th day of each month; the
| ||||||
6 | Comptroller shall cause orders to be drawn for such | ||||||
7 | amounts, and the Treasurer
shall administer those amounts | ||||||
8 | on or before the last day of each month;
| ||||||
9 | (e) after allocations for the purposes set forth in | ||||||
10 | subsections
(a), (b), (c) and (d), the remaining amount shall | ||||||
11 | be apportioned as follows:
| ||||||
12 | (1) Until January 1, 2000, 58.4%, and beginning January | ||||||
13 | 1, 2000, 45.6%
shall be deposited as follows:
| ||||||
14 | (A) 37% into the State Construction Account Fund, | ||||||
15 | and
| ||||||
16 | (B) 63% into the Road Fund, $1,250,000 of which | ||||||
17 | shall be reserved each
month for the Department of | ||||||
18 | Transportation to be used in accordance with
the | ||||||
19 | provisions of Sections 6-901 through 6-906 of the | ||||||
20 | Illinois Highway Code;
| ||||||
21 | (2) Until January 1, 2000, 41.6%, and beginning January | ||||||
22 | 1, 2000, 54.4%
shall be transferred to the Department of | ||||||
23 | Transportation to be
distributed as follows:
| ||||||
24 | (A) 49.10% to the municipalities of the State,
| ||||||
25 | (B) 16.74% to the counties of the State having | ||||||
26 | 1,000,000 or more inhabitants,
|
| |||||||
| |||||||
1 | (C) 18.27% to the counties of the State having less | ||||||
2 | than 1,000,000 inhabitants,
| ||||||
3 | (D) 15.89% to the road districts of the State.
| ||||||
4 | As soon as may be after the first day of each month the | ||||||
5 | Department of
Transportation shall allot to each municipality | ||||||
6 | its share of the amount
apportioned to the several | ||||||
7 | municipalities which shall be in proportion
to the population | ||||||
8 | of such municipalities as determined by the last
preceding | ||||||
9 | municipal census if conducted by the Federal Government or
| ||||||
10 | Federal census. If territory is annexed to any municipality | ||||||
11 | subsequent
to the time of the last preceding census the | ||||||
12 | corporate authorities of
such municipality may cause a census | ||||||
13 | to be taken of such annexed
territory and the population so | ||||||
14 | ascertained for such territory shall be
added to the population | ||||||
15 | of the municipality as determined by the last
preceding census | ||||||
16 | for the purpose of determining the allotment for that
| ||||||
17 | municipality. If the population of any municipality was not | ||||||
18 | determined
by the last Federal census preceding any | ||||||
19 | apportionment, the
apportionment to such municipality shall be | ||||||
20 | in accordance with any
census taken by such municipality. Any | ||||||
21 | municipal census used in
accordance with this Section shall be | ||||||
22 | certified to the Department of
Transportation by the clerk of | ||||||
23 | such municipality, and the accuracy
thereof shall be subject to | ||||||
24 | approval of the Department which may make
such corrections as | ||||||
25 | it ascertains to be necessary.
| ||||||
26 | As soon as may be after the first day of each month the |
| |||||||
| |||||||
1 | Department of
Transportation shall allot to each county its | ||||||
2 | share of the amount
apportioned to the several counties of the | ||||||
3 | State as herein provided.
Each allotment to the several | ||||||
4 | counties having less than 1,000,000
inhabitants shall be in | ||||||
5 | proportion to the amount of motor vehicle
license fees received | ||||||
6 | from the residents of such counties, respectively,
during the | ||||||
7 | preceding calendar year. The Secretary of State shall, on or
| ||||||
8 | before April 15 of each year, transmit to the Department of
| ||||||
9 | Transportation a full and complete report showing the amount of | ||||||
10 | motor
vehicle license fees received from the residents of each | ||||||
11 | county,
respectively, during the preceding calendar year. The | ||||||
12 | Department of
Transportation shall, each month, use for | ||||||
13 | allotment purposes the last
such report received from the | ||||||
14 | Secretary of State.
| ||||||
15 | As soon as may be after the first day of each month, the | ||||||
16 | Department
of Transportation shall allot to the several | ||||||
17 | counties their share of the
amount apportioned for the use of | ||||||
18 | road districts. The allotment shall
be apportioned among the | ||||||
19 | several counties in the State in the proportion
which the total | ||||||
20 | mileage of township or district roads in the respective
| ||||||
21 | counties bears to the total mileage of all township and | ||||||
22 | district roads
in the State. Funds allotted to the respective | ||||||
23 | counties for the use of
road districts therein shall be | ||||||
24 | allocated to the several road districts
in the county in the | ||||||
25 | proportion which the total mileage of such township
or district | ||||||
26 | roads in the respective road districts bears to the total
|
| |||||||
| |||||||
1 | mileage of all such township or district roads in the county. | ||||||
2 | After
July 1 of any year, no allocation shall be made for any | ||||||
3 | road district
unless it levied a tax for road and bridge | ||||||
4 | purposes in an amount which
will require the extension of such | ||||||
5 | tax against the taxable property in
any such road district at a | ||||||
6 | rate of not less than either .08% of the value
thereof, based | ||||||
7 | upon the assessment for the year immediately prior to the year
| ||||||
8 | in which such tax was levied and as equalized by the Department | ||||||
9 | of Revenue
or, in DuPage County, an amount equal to or greater | ||||||
10 | than $12,000 per mile of
road under the jurisdiction of the | ||||||
11 | road district, whichever is less. If any
road district has | ||||||
12 | levied a special tax for road purposes
pursuant to Sections | ||||||
13 | 6-601, 6-602 and 6-603 of the Illinois Highway Code, and
such | ||||||
14 | tax was levied in an amount which would require extension at a
| ||||||
15 | rate of not less than .08% of the value of the taxable property | ||||||
16 | thereof,
as equalized or assessed by the Department of Revenue,
| ||||||
17 | or, in DuPage County, an amount equal to or greater than | ||||||
18 | $12,000 per mile of
road under the jurisdiction of the road | ||||||
19 | district, whichever is less,
such levy shall, however, be | ||||||
20 | deemed a proper compliance with this
Section and shall qualify | ||||||
21 | such road district for an allotment under this
Section. If a | ||||||
22 | township has transferred to the road and bridge fund
money | ||||||
23 | which, when added to the amount of any tax levy of the road
| ||||||
24 | district would be the equivalent of a tax levy requiring | ||||||
25 | extension at a
rate of at least .08%, or, in DuPage County, an | ||||||
26 | amount equal to or greater
than $12,000 per mile of road under |
| |||||||
| |||||||
1 | the jurisdiction of the road district,
whichever is less, such | ||||||
2 | transfer, together with any such tax levy,
shall be deemed a | ||||||
3 | proper compliance with this Section and shall qualify
the road | ||||||
4 | district for an allotment under this Section.
| ||||||
5 | In counties in which a property tax extension limitation is | ||||||
6 | imposed
under the Property Tax Extension Limitation Law, road | ||||||
7 | districts may retain
their entitlement to a motor fuel tax | ||||||
8 | allotment if, at the time the property
tax
extension limitation | ||||||
9 | was imposed, the road district was levying a road and
bridge | ||||||
10 | tax at a rate sufficient to entitle it to a motor fuel tax | ||||||
11 | allotment
and continues to levy the maximum allowable amount | ||||||
12 | after the imposition of the
property tax extension limitation. | ||||||
13 | Any road district may in all circumstances
retain its | ||||||
14 | entitlement to a motor fuel tax allotment if it levied a road | ||||||
15 | and
bridge tax in an amount that will require the extension of | ||||||
16 | the tax against the
taxable property in the road district at a | ||||||
17 | rate of not less than 0.08% of the
assessed value of the | ||||||
18 | property, based upon the assessment for the year
immediately | ||||||
19 | preceding the year in which the tax was levied and as equalized | ||||||
20 | by
the Department of Revenue or, in DuPage County, an amount | ||||||
21 | equal to or greater
than $12,000 per mile of road under the | ||||||
22 | jurisdiction of the road district,
whichever is less.
| ||||||
23 | As used in this Section the term "road district" means any | ||||||
24 | road
district, including a county unit road district, provided | ||||||
25 | for by the
Illinois Highway Code; and the term "township or | ||||||
26 | district road"
means any road in the township and district road |
| |||||||
| |||||||
1 | system as defined in the
Illinois Highway Code. For the | ||||||
2 | purposes of this Section, "road
district" also includes park | ||||||
3 | districts, forest preserve districts and
conservation | ||||||
4 | districts organized under Illinois law and "township or
| ||||||
5 | district road" also includes such roads as are maintained by | ||||||
6 | park
districts, forest preserve districts and conservation | ||||||
7 | districts. The
Department of Transportation shall determine | ||||||
8 | the mileage of all township
and district roads for the purposes | ||||||
9 | of making allotments and allocations of
motor fuel tax funds | ||||||
10 | for use in road districts.
| ||||||
11 | Payment of motor fuel tax moneys to municipalities and | ||||||
12 | counties shall
be made as soon as possible after the allotment | ||||||
13 | is made. The treasurer
of the municipality or county may invest | ||||||
14 | these funds until their use is
required and the interest earned | ||||||
15 | by these investments shall be limited
to the same uses as the | ||||||
16 | principal funds.
| ||||||
17 | (Source: P.A. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; | ||||||
18 | 94-839, eff. 6-6-06; revised 1-30-08.)
| ||||||
19 | Section 50. The School Code is amended by changing Sections | ||||||
20 | 2-3.131, 14-13.01, and 18-8.05 as follows:
| ||||||
21 | (105 ILCS 5/2-3.131)
| ||||||
22 | Sec. 2-3.131. Transitional assistance payments.
| ||||||
23 | (a) If the amount that
the State Board of Education will | ||||||
24 | pay to
a school
district from fiscal year 2004 appropriations, |
| |||||||
| |||||||
1 | as estimated by the State
Board of Education on April 1, 2004, | ||||||
2 | is less than the amount that the
State Board of Education paid | ||||||
3 | to the school district from fiscal year 2003
appropriations, | ||||||
4 | then, subject to appropriation, the State Board of
Education | ||||||
5 | shall make a fiscal year 2004 transitional assistance payment
| ||||||
6 | to the school district in an amount equal to the difference | ||||||
7 | between the
estimated amount to be paid from fiscal year 2004 | ||||||
8 | appropriations and
the amount paid from fiscal year 2003 | ||||||
9 | appropriations.
| ||||||
10 | (b) If the amount that
the State Board of Education will | ||||||
11 | pay to
a school
district from fiscal year 2005 appropriations, | ||||||
12 | as estimated by the State
Board of Education on April 1, 2005, | ||||||
13 | is less than the amount that the
State Board of Education paid | ||||||
14 | to the school district from fiscal year 2004
appropriations, | ||||||
15 | then the State Board of
Education shall make a fiscal year 2005 | ||||||
16 | transitional assistance payment
to the school district in an | ||||||
17 | amount equal to the difference between the
estimated amount to | ||||||
18 | be paid from fiscal year 2005 appropriations and
the amount | ||||||
19 | paid from fiscal year 2004 appropriations.
| ||||||
20 | (c) If the amount that
the State Board of Education will | ||||||
21 | pay to
a school
district from fiscal year 2006 appropriations, | ||||||
22 | as estimated by the State
Board of Education on April 1, 2006, | ||||||
23 | is less than the amount that the
State Board of Education paid | ||||||
24 | to the school district from fiscal year 2005
appropriations, | ||||||
25 | then the State Board of
Education shall make a fiscal year 2006 | ||||||
26 | transitional assistance payment
to the school district in an |
| |||||||
| |||||||
1 | amount equal to the difference between the
estimated amount to | ||||||
2 | be paid from fiscal year 2006 appropriations and
the amount | ||||||
3 | paid from fiscal year 2005 appropriations.
| ||||||
4 | (d) If the amount that
the State Board of Education will | ||||||
5 | pay to
a school
district from fiscal year 2007 appropriations, | ||||||
6 | as estimated by the State
Board of Education on April 1, 2007, | ||||||
7 | is less than the amount that the
State Board of Education paid | ||||||
8 | to the school district from fiscal year 2006
appropriations, | ||||||
9 | then the State Board of
Education, subject to appropriation, | ||||||
10 | shall make a fiscal year 2007 transitional assistance payment
| ||||||
11 | to the school district in an amount equal to the difference | ||||||
12 | between the
estimated amount to be paid from fiscal year 2007 | ||||||
13 | appropriations and
the amount paid from fiscal year 2006 | ||||||
14 | appropriations.
| ||||||
15 | (e) Subject to appropriation, beginning on July 1, 2007, | ||||||
16 | the State Board of Education shall adjust prior year | ||||||
17 | information for the transitional assistance calculations under | ||||||
18 | this Section in the event of the creation or reorganization of | ||||||
19 | any school district pursuant to Article 11E of this Code, the | ||||||
20 | dissolution of an entire district and the annexation of all of | ||||||
21 | its territory to one or more other districts pursuant to | ||||||
22 | Article 7 of this Code, or a boundary change whereby the | ||||||
23 | enrollment of the annexing district increases by 90% or more as | ||||||
24 | a result of annexing territory detached from another district | ||||||
25 | pursuant to Article 7 of this Code.
| ||||||
26 | (f) If the amount that
the State Board of Education will |
| |||||||
| |||||||
1 | pay to
a school
district from fiscal year 2008 appropriations, | ||||||
2 | as estimated by the State
Board of Education on April 1, 2008, | ||||||
3 | is less than the amount that the
State Board of Education paid | ||||||
4 | to the school district from fiscal year 2007
appropriations, | ||||||
5 | then the State Board of
Education, subject to appropriation, | ||||||
6 | shall make a fiscal year 2008 transitional assistance payment
| ||||||
7 | to the school district in an amount equal to the difference | ||||||
8 | between the
estimated amount to be paid from fiscal year 2008 | ||||||
9 | appropriations and
the amount paid from fiscal year 2007 | ||||||
10 | appropriations.
| ||||||
11 | (g) If the amount that the State Board of Education will | ||||||
12 | pay to a school district from fiscal year 2009 appropriations, | ||||||
13 | as estimated by the State Board of Education on April 1, 2009, | ||||||
14 | is less than the amount that the State Board of Education paid | ||||||
15 | to the school district from fiscal year 2008 appropriations, | ||||||
16 | then the State Board of Education, subject to appropriation, | ||||||
17 | shall make a fiscal year 2009 transitional assistance payment | ||||||
18 | to the school district in an amount equal to the difference | ||||||
19 | between the estimated amount to be paid from fiscal year 2009 | ||||||
20 | appropriations and the amount paid from fiscal year 2008 | ||||||
21 | appropriations. | ||||||
22 | (Source: P.A. 94-69, eff. 7-1-05; 94-835, eff. 6-6-06; 95-331, | ||||||
23 | eff. 8-21-07; 95-707, eff. 1-11-08.)
| ||||||
24 | (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
| ||||||
25 | Sec. 14-13.01. Reimbursement payable by State; Amounts. |
| |||||||
| |||||||
1 | Reimbursement for furnishing special educational facilities in | ||||||
2 | a
recognized school to the type of children defined in Section | ||||||
3 | 14-1.02
shall be paid to the school districts in accordance | ||||||
4 | with Section 14-12.01
for each school year ending June 30 by | ||||||
5 | the State Comptroller out of any money
in the treasury | ||||||
6 | appropriated for such purposes on the presentation of vouchers
| ||||||
7 | by the State Board of Education.
| ||||||
8 | The reimbursement shall be limited to funds expended for | ||||||
9 | construction
and maintenance of special education facilities | ||||||
10 | designed and utilized to
house instructional programs, | ||||||
11 | diagnostic services, other special
education services for | ||||||
12 | children with disabilities and
reimbursement as
provided in | ||||||
13 | Section 14-13.01. There shall be no reimbursement for
| ||||||
14 | construction and maintenance of any administrative facility | ||||||
15 | separated
from special education facilities designed and | ||||||
16 | utilized to house
instructional programs, diagnostic services | ||||||
17 | and other special education
services for children with | ||||||
18 | disabilities.
| ||||||
19 | (a) For children who have not been identified as eligible | ||||||
20 | for special
education and for eligible children with physical
| ||||||
21 | disabilities, including all
eligible children whose placement | ||||||
22 | has been determined under Section 14-8.02 in
hospital or home | ||||||
23 | instruction, 1/2 of the teacher's salary but not more than
| ||||||
24 | $1,000 annually per child or $8,000 per teacher for the | ||||||
25 | 1985-1986 school year through the 2005-2006 school year , and | ||||||
26 | $1,000 per child or $9,000 per teacher for the 2006-2007 school |
| |||||||
| |||||||
1 | year , and $1,000 per child or $10,000 per teacher for the | ||||||
2 | 2007-2008 school year and for each school year
thereafter, | ||||||
3 | whichever is less. Children
to be included in any reimbursement | ||||||
4 | under this paragraph must regularly
receive a minimum of one | ||||||
5 | hour of instruction each school day, or in lieu
thereof of a | ||||||
6 | minimum of 5 hours of instruction in each school week in
order | ||||||
7 | to qualify for full reimbursement under this Section. If the
| ||||||
8 | attending physician for such a child has certified that the | ||||||
9 | child should
not receive as many as 5 hours of instruction in a | ||||||
10 | school week, however,
reimbursement under this paragraph on | ||||||
11 | account of that child shall be
computed proportionate to the | ||||||
12 | actual hours of instruction per week for
that child divided by | ||||||
13 | 5.
| ||||||
14 | (b) For children described in Section 14-1.02, 4/5 of the | ||||||
15 | cost of
transportation for each such child, whom the State | ||||||
16 | Superintendent of
Education determined in advance requires | ||||||
17 | special transportation service
in order to take advantage of | ||||||
18 | special educational facilities.
Transportation costs shall be | ||||||
19 | determined in the same fashion as provided
in Section 29-5. For | ||||||
20 | purposes of this subsection (b), the dates for
processing | ||||||
21 | claims specified in Section 29-5 shall apply.
| ||||||
22 | (c) For each professional worker excluding those included | ||||||
23 | in
subparagraphs (a), (d), (e), and (f) of this Section, the | ||||||
24 | annual sum of
$8,000 for the 1985-1986 school year through the | ||||||
25 | 2005-2006 school year , and $9,000 for the 2006-2007 school | ||||||
26 | year , and $10,000 for the 2007-2008 school year and for each |
| |||||||
| |||||||
1 | school year thereafter.
| ||||||
2 | (d) For one full time qualified director of the special | ||||||
3 | education
program of each school district which maintains a | ||||||
4 | fully approved program
of special education the annual sum of | ||||||
5 | $8,000 for the 1985-1986 school
year through the 2005-2006 | ||||||
6 | school year , and $9,000 for the 2006-2007 school year , and | ||||||
7 | $10,000 for the 2007-2008 school year and for each school year | ||||||
8 | thereafter. Districts participating in a joint agreement | ||||||
9 | special
education program shall not receive such reimbursement | ||||||
10 | if reimbursement is made
for a director of the joint agreement | ||||||
11 | program.
| ||||||
12 | (e) For each school psychologist as defined in Section | ||||||
13 | 14-1.09 the
annual sum of $8,000 for the 1985-1986 school year | ||||||
14 | through the 2005-2006 school year , and $9,000 for the 2006-2007 | ||||||
15 | school year , and $10,000 for the 2007-2008 school year and for | ||||||
16 | each school year thereafter.
| ||||||
17 | (f) For each qualified teacher working in a fully approved | ||||||
18 | program
for children of preschool age who are deaf or | ||||||
19 | hard-of-hearing the annual
sum of $8,000 for the 1985-1986 | ||||||
20 | school year through the 2005-2006 school year , and $9,000 for | ||||||
21 | the 2006-2007 school year , and $10,000 for the 2007-2008 school | ||||||
22 | year and for each school year thereafter.
| ||||||
23 | (g) For readers, working with blind or partially seeing | ||||||
24 | children 1/2
of their salary but not more than $400 annually | ||||||
25 | per child. Readers may
be employed to assist such children and | ||||||
26 | shall not be required to be
certified but prior to employment |
| |||||||
| |||||||
1 | shall meet standards set up by the
State Board of Education.
| ||||||
2 | (h) For necessary non-certified employees working in any | ||||||
3 | class or
program for children defined in this Article, 1/2 of | ||||||
4 | the salary paid or
$2,800 annually per employee through the | ||||||
5 | 2005-2006 school year , and $3,500 per employee for the | ||||||
6 | 2006-2007 school year , and $4,000 per employee for the | ||||||
7 | 2007-2008 school year and for each school year thereafter, | ||||||
8 | whichever is less.
| ||||||
9 | The State Board of Education shall set standards and | ||||||
10 | prescribe rules
for determining the allocation of | ||||||
11 | reimbursement under this section on
less than a full time basis | ||||||
12 | and for less than a school year.
| ||||||
13 | When any school district eligible for reimbursement under | ||||||
14 | this
Section operates a school or program approved by the State
| ||||||
15 | Superintendent of Education for a number of days in excess of | ||||||
16 | the
adopted school calendar but not to exceed 235 school days, | ||||||
17 | such
reimbursement shall be increased by 1/180 of the amount or | ||||||
18 | rate paid
hereunder for each day such school is operated in | ||||||
19 | excess of 180 days per
calendar year.
| ||||||
20 | Notwithstanding any other provision of law, any school | ||||||
21 | district receiving
a payment under this Section or under | ||||||
22 | Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify | ||||||
23 | all or a portion of the funds that it receives
in a particular | ||||||
24 | fiscal year or from general State aid pursuant to Section
| ||||||
25 | 18-8.05 of this Code as
funds received in connection with any | ||||||
26 | funding program for which it is
entitled to receive funds from |
| |||||||
| |||||||
1 | the State in that fiscal year (including,
without limitation, | ||||||
2 | any funding program referenced in this Section),
regardless of | ||||||
3 | the source or timing of the receipt. The district may not
| ||||||
4 | classify more funds as funds received in connection with the | ||||||
5 | funding
program than the district is entitled to receive in | ||||||
6 | that fiscal year for that
program. Any
classification by a | ||||||
7 | district must be made by a resolution of its board of
| ||||||
8 | education. The resolution must identify the amount of any | ||||||
9 | payments or
general State aid to be classified under this | ||||||
10 | paragraph and must specify
the funding program to which the | ||||||
11 | funds are to be treated as received in
connection therewith. | ||||||
12 | This resolution is controlling as to the
classification of | ||||||
13 | funds referenced therein. A certified copy of the
resolution | ||||||
14 | must be sent to the State Superintendent of Education.
The | ||||||
15 | resolution shall still take effect even though a copy of the | ||||||
16 | resolution has
not been sent to the State
Superintendent of | ||||||
17 | Education in a timely manner.
No
classification under this | ||||||
18 | paragraph by a district shall affect the total amount
or timing | ||||||
19 | of money the district is entitled to receive under this Code.
| ||||||
20 | No classification under this paragraph by a district shall
in | ||||||
21 | any way relieve the district from or affect any
requirements | ||||||
22 | that otherwise would apply with respect to
that funding | ||||||
23 | program, including any
accounting of funds by source, reporting | ||||||
24 | expenditures by
original source and purpose,
reporting | ||||||
25 | requirements,
or requirements of providing services.
| ||||||
26 | (Source: P.A. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/18-8.05)
| ||||||
2 | Sec. 18-8.05. Basis for apportionment of general State | ||||||
3 | financial aid and
supplemental general State aid to the common | ||||||
4 | schools for the 1998-1999 and
subsequent school years.
| ||||||
5 | (A) General Provisions.
| ||||||
6 | (1) The provisions of this Section apply to the 1998-1999 | ||||||
7 | and subsequent
school years. The system of general State | ||||||
8 | financial aid provided for in this
Section
is designed to | ||||||
9 | assure that, through a combination of State financial aid and
| ||||||
10 | required local resources, the financial support provided each | ||||||
11 | pupil in Average
Daily Attendance equals or exceeds a
| ||||||
12 | prescribed per pupil Foundation Level. This formula approach | ||||||
13 | imputes a level
of per pupil Available Local Resources and | ||||||
14 | provides for the basis to calculate
a per pupil level of | ||||||
15 | general State financial aid that, when added to Available
Local | ||||||
16 | Resources, equals or exceeds the Foundation Level. The
amount | ||||||
17 | of per pupil general State financial aid for school districts, | ||||||
18 | in
general, varies in inverse
relation to Available Local | ||||||
19 | Resources. Per pupil amounts are based upon
each school | ||||||
20 | district's Average Daily Attendance as that term is defined in | ||||||
21 | this
Section.
| ||||||
22 | (2) In addition to general State financial aid, school | ||||||
23 | districts with
specified levels or concentrations of pupils | ||||||
24 | from low income households are
eligible to receive supplemental |
| |||||||
| |||||||
1 | general State financial aid grants as provided
pursuant to | ||||||
2 | subsection (H).
The supplemental State aid grants provided for | ||||||
3 | school districts under
subsection (H) shall be appropriated for | ||||||
4 | distribution to school districts as
part of the same line item | ||||||
5 | in which the general State financial aid of school
districts is | ||||||
6 | appropriated under this Section.
| ||||||
7 | (3) To receive financial assistance under this Section, | ||||||
8 | school districts
are required to file claims with the State | ||||||
9 | Board of Education, subject to the
following requirements:
| ||||||
10 | (a) Any school district which fails for any given | ||||||
11 | school year to maintain
school as required by law, or to | ||||||
12 | maintain a recognized school is not
eligible to file for | ||||||
13 | such school year any claim upon the Common School
Fund. In | ||||||
14 | case of nonrecognition of one or more attendance centers in | ||||||
15 | a
school district otherwise operating recognized schools, | ||||||
16 | the claim of the
district shall be reduced in the | ||||||
17 | proportion which the Average Daily
Attendance in the | ||||||
18 | attendance center or centers bear to the Average Daily
| ||||||
19 | Attendance in the school district. A "recognized school" | ||||||
20 | means any
public school which meets the standards as | ||||||
21 | established for recognition
by the State Board of | ||||||
22 | Education. A school district or attendance center
not | ||||||
23 | having recognition status at the end of a school term is | ||||||
24 | entitled to
receive State aid payments due upon a legal | ||||||
25 | claim which was filed while
it was recognized.
| ||||||
26 | (b) School district claims filed under this Section are |
| |||||||
| |||||||
1 | subject to
Sections 18-9 and 18-12, except as otherwise | ||||||
2 | provided in this
Section.
| ||||||
3 | (c) If a school district operates a full year school | ||||||
4 | under Section
10-19.1, the general State aid to the school | ||||||
5 | district shall be determined
by the State Board of | ||||||
6 | Education in accordance with this Section as near as
may be | ||||||
7 | applicable.
| ||||||
8 | (d) (Blank).
| ||||||
9 | (4) Except as provided in subsections (H) and (L), the | ||||||
10 | board of any district
receiving any of the grants provided for | ||||||
11 | in this Section may apply those funds
to any fund so received | ||||||
12 | for which that board is authorized to make expenditures
by law.
| ||||||
13 | School districts are not required to exert a minimum | ||||||
14 | Operating Tax Rate in
order to qualify for assistance under | ||||||
15 | this Section.
| ||||||
16 | (5) As used in this Section the following terms, when | ||||||
17 | capitalized, shall
have the meaning ascribed herein:
| ||||||
18 | (a) "Average Daily Attendance": A count of pupil | ||||||
19 | attendance in school,
averaged as provided for in | ||||||
20 | subsection (C) and utilized in deriving per pupil
financial | ||||||
21 | support levels.
| ||||||
22 | (b) "Available Local Resources": A computation of | ||||||
23 | local financial
support, calculated on the basis of Average | ||||||
24 | Daily Attendance and derived as
provided pursuant to | ||||||
25 | subsection (D).
| ||||||
26 | (c) "Corporate Personal Property Replacement Taxes": |
| |||||||
| |||||||
1 | Funds paid to local
school districts pursuant to "An Act in | ||||||
2 | relation to the abolition of ad valorem
personal property | ||||||
3 | tax and the replacement of revenues lost thereby, and
| ||||||
4 | amending and repealing certain Acts and parts of Acts in | ||||||
5 | connection therewith",
certified August 14, 1979, as | ||||||
6 | amended (Public Act 81-1st S.S.-1).
| ||||||
7 | (d) "Foundation Level": A prescribed level of per pupil | ||||||
8 | financial support
as provided for in subsection (B).
| ||||||
9 | (e) "Operating Tax Rate": All school district property | ||||||
10 | taxes extended for
all purposes, except Bond and
Interest, | ||||||
11 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
12 | Education
Building purposes.
| ||||||
13 | (B) Foundation Level.
| ||||||
14 | (1) The Foundation Level is a figure established by the | ||||||
15 | State representing
the minimum level of per pupil financial | ||||||
16 | support that should be available to
provide for the basic | ||||||
17 | education of each pupil in
Average Daily Attendance. As set | ||||||
18 | forth in this Section, each school district
is assumed to exert
| ||||||
19 | a sufficient local taxing effort such that, in combination with | ||||||
20 | the aggregate
of general State
financial aid provided the | ||||||
21 | district, an aggregate of State and local resources
are | ||||||
22 | available to meet
the basic education needs of pupils in the | ||||||
23 | district.
| ||||||
24 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
25 | support is
$4,225. For the 1999-2000 school year, the |
| |||||||
| |||||||
1 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
2 | year, the Foundation Level of support is
$4,425. For the | ||||||
3 | 2001-2002 school year and 2002-2003 school year, the
Foundation | ||||||
4 | Level of support is $4,560. For the 2003-2004 school year, the | ||||||
5 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
6 | year, the Foundation Level of support is $4,964.
For the | ||||||
7 | 2005-2006 school year,
the Foundation Level of support is | ||||||
8 | $5,164. For the 2006-2007 school year, the Foundation Level of | ||||||
9 | support is $5,334. For the 2007-2008 school year, the | ||||||
10 | Foundation Level of support is $5,734.
| ||||||
11 | (3) For the 2008-2009 2007-2008 school year and each school | ||||||
12 | year thereafter,
the Foundation Level of support is $6,034 | ||||||
13 | $5,734 or such greater amount as
may be established by law by | ||||||
14 | the General Assembly.
| ||||||
15 | (C) Average Daily Attendance.
| ||||||
16 | (1) For purposes of calculating general State aid pursuant | ||||||
17 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
18 | utilized. The Average Daily
Attendance figure for formula
| ||||||
19 | calculation purposes shall be the monthly average of the actual | ||||||
20 | number of
pupils in attendance of
each school district, as | ||||||
21 | further averaged for the best 3 months of pupil
attendance for | ||||||
22 | each
school district. In compiling the figures for the number | ||||||
23 | of pupils in
attendance, school districts
and the State Board | ||||||
24 | of Education shall, for purposes of general State aid
funding, | ||||||
25 | conform
attendance figures to the requirements of subsection |
| |||||||
| |||||||
1 | (F).
| ||||||
2 | (2) The Average Daily Attendance figures utilized in | ||||||
3 | subsection (E) shall be
the requisite attendance data for the | ||||||
4 | school year immediately preceding
the
school year for which | ||||||
5 | general State aid is being calculated
or the average of the | ||||||
6 | attendance data for the 3 preceding school
years, whichever is | ||||||
7 | greater. The Average Daily Attendance figures
utilized in | ||||||
8 | subsection (H) shall be the requisite attendance data for the
| ||||||
9 | school year immediately preceding the school year for which | ||||||
10 | general
State aid is being calculated.
| ||||||
11 | (D) Available Local Resources.
| ||||||
12 | (1) For purposes of calculating general State aid pursuant | ||||||
13 | to subsection
(E), a representation of Available Local | ||||||
14 | Resources per pupil, as that term is
defined and determined in | ||||||
15 | this subsection, shall be utilized. Available Local
Resources | ||||||
16 | per pupil shall include a calculated
dollar amount representing | ||||||
17 | local school district revenues from local property
taxes and | ||||||
18 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
19 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
20 | of Available Local Resources shall exclude any tax amnesty | ||||||
21 | funds received as a result of Public Act 93-26.
| ||||||
22 | (2) In determining a school district's revenue from local | ||||||
23 | property taxes,
the State Board of Education shall utilize the | ||||||
24 | equalized assessed valuation of
all taxable property of each | ||||||
25 | school
district as of September 30 of the previous year. The |
| |||||||
| |||||||
1 | equalized assessed
valuation utilized shall
be obtained and | ||||||
2 | determined as provided in subsection (G).
| ||||||
3 | (3) For school districts maintaining grades kindergarten | ||||||
4 | through 12, local
property tax
revenues per pupil shall be | ||||||
5 | calculated as the product of the applicable
equalized assessed
| ||||||
6 | valuation for the district multiplied by 3.00%, and divided by | ||||||
7 | the district's
Average Daily
Attendance figure. For school | ||||||
8 | districts maintaining grades kindergarten
through 8, local
| ||||||
9 | property tax revenues per pupil shall be calculated as the | ||||||
10 | product of the
applicable equalized
assessed valuation for the | ||||||
11 | district multiplied by 2.30%, and divided by the
district's | ||||||
12 | Average
Daily Attendance figure. For school districts | ||||||
13 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
14 | per pupil shall be the applicable equalized assessed valuation | ||||||
15 | of
the district
multiplied by 1.05%, and divided by the | ||||||
16 | district's Average Daily
Attendance
figure.
| ||||||
17 | For partial elementary unit districts created pursuant to | ||||||
18 | Article 11E of this Code, local property tax revenues per pupil | ||||||
19 | shall be calculated as the product of the equalized assessed | ||||||
20 | valuation for property within the elementary and high school | ||||||
21 | classification of the partial elementary unit district | ||||||
22 | multiplied by 2.06% and divided by the Average Daily Attendance | ||||||
23 | figure for grades kindergarten through 8, plus the product of | ||||||
24 | the equalized assessed valuation for property within the high | ||||||
25 | school only classification of the partial elementary unit | ||||||
26 | district multiplied by 0.94% and divided by the Average Daily |
| |||||||
| |||||||
1 | Attendance figure for grades 9 through 12.
| ||||||
2 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
3 | to each school
district during the calendar year 2 years before | ||||||
4 | the calendar year in which a
school year begins, divided by the | ||||||
5 | Average Daily Attendance figure for that
district, shall be | ||||||
6 | added to the local property tax revenues per pupil as
derived | ||||||
7 | by the application of the immediately preceding paragraph (3). | ||||||
8 | The sum
of these per pupil figures for each school district | ||||||
9 | shall constitute Available
Local Resources as that term is | ||||||
10 | utilized in subsection (E) in the calculation
of general State | ||||||
11 | aid.
| ||||||
12 | (E) Computation of General State Aid.
| ||||||
13 | (1) For each school year, the amount of general State aid | ||||||
14 | allotted to a
school district shall be computed by the State | ||||||
15 | Board of Education as provided
in this subsection.
| ||||||
16 | (2) For any school district for which Available Local | ||||||
17 | Resources per pupil
is less than the product of 0.93 times the | ||||||
18 | Foundation Level, general State aid
for that district shall be | ||||||
19 | calculated as an amount equal to the Foundation
Level minus | ||||||
20 | Available Local Resources, multiplied by the Average Daily
| ||||||
21 | Attendance of the school district.
| ||||||
22 | (3) For any school district for which Available Local | ||||||
23 | Resources per pupil
is equal to or greater than the product of | ||||||
24 | 0.93 times the Foundation Level and
less than the product of | ||||||
25 | 1.75 times the Foundation Level, the general State aid
per |
| |||||||
| |||||||
1 | pupil shall be a decimal proportion of the Foundation Level | ||||||
2 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
3 | the calculated general State
aid per pupil shall decline in | ||||||
4 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
5 | a school district with Available Local Resources equal to
the | ||||||
6 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
7 | Foundation
Level for a school district with Available Local | ||||||
8 | Resources equal to the product
of 1.75 times the Foundation | ||||||
9 | Level. The allocation of general
State aid for school districts | ||||||
10 | subject to this paragraph 3 shall be the
calculated general | ||||||
11 | State aid
per pupil figure multiplied by the Average Daily | ||||||
12 | Attendance of the school
district.
| ||||||
13 | (4) For any school district for which Available Local | ||||||
14 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
15 | the Foundation Level, the general
State aid for the school | ||||||
16 | district shall be calculated as the product of $218
multiplied | ||||||
17 | by the Average Daily Attendance of the school
district.
| ||||||
18 | (5) The amount of general State aid allocated to a school | ||||||
19 | district for
the 1999-2000 school year meeting the requirements | ||||||
20 | set forth in paragraph (4)
of subsection
(G) shall be increased | ||||||
21 | by an amount equal to the general State aid that
would have | ||||||
22 | been received by the district for the 1998-1999 school year by
| ||||||
23 | utilizing the Extension Limitation Equalized Assessed | ||||||
24 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
25 | the general State aid allotted for the
1998-1999
school year. | ||||||
26 | This amount shall be deemed a one time increase, and shall not
|
| |||||||
| |||||||
1 | affect any future general State aid allocations.
| ||||||
2 | (F) Compilation of Average Daily Attendance.
| ||||||
3 | (1) Each school district shall, by July 1 of each year, | ||||||
4 | submit to the State
Board of Education, on forms prescribed by | ||||||
5 | the State Board of Education,
attendance figures for the school | ||||||
6 | year that began in the preceding calendar
year. The attendance | ||||||
7 | information so transmitted shall identify the average
daily | ||||||
8 | attendance figures for each month of the school year. Beginning | ||||||
9 | with
the general State aid claim form for the 2002-2003 school
| ||||||
10 | year, districts shall calculate Average Daily Attendance as | ||||||
11 | provided in
subdivisions (a), (b), and (c) of this paragraph | ||||||
12 | (1).
| ||||||
13 | (a) In districts that do not hold year-round classes,
| ||||||
14 | days of attendance in August shall be added to the month of | ||||||
15 | September and any
days of attendance in June shall be added | ||||||
16 | to the month of May.
| ||||||
17 | (b) In districts in which all buildings hold year-round | ||||||
18 | classes,
days of attendance in July and August shall be | ||||||
19 | added to the month
of September and any days of attendance | ||||||
20 | in June shall be added to
the month of May.
| ||||||
21 | (c) In districts in which some buildings, but not all, | ||||||
22 | hold
year-round classes, for the non-year-round buildings, | ||||||
23 | days of
attendance in August shall be added to the month of | ||||||
24 | September
and any days of attendance in June shall be added | ||||||
25 | to the month of
May. The average daily attendance for the |
| |||||||
| |||||||
1 | year-round buildings
shall be computed as provided in | ||||||
2 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
3 | Average Daily Attendance for the district, the
average | ||||||
4 | daily attendance for the year-round buildings shall be
| ||||||
5 | multiplied by the days in session for the non-year-round | ||||||
6 | buildings
for each month and added to the monthly | ||||||
7 | attendance of the
non-year-round buildings.
| ||||||
8 | Except as otherwise provided in this Section, days of
| ||||||
9 | attendance by pupils shall be counted only for sessions of not | ||||||
10 | less than
5 clock hours of school work per day under direct | ||||||
11 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
12 | volunteer personnel when engaging
in non-teaching duties and | ||||||
13 | supervising in those instances specified in
subsection (a) of | ||||||
14 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
15 | of legal school age and in kindergarten and grades 1 through | ||||||
16 | 12.
| ||||||
17 | Days of attendance by tuition pupils shall be accredited | ||||||
18 | only to the
districts that pay the tuition to a recognized | ||||||
19 | school.
| ||||||
20 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
21 | of school
shall be subject to the following provisions in the | ||||||
22 | compilation of Average
Daily Attendance.
| ||||||
23 | (a) Pupils regularly enrolled in a public school for | ||||||
24 | only a part of
the school day may be counted on the basis | ||||||
25 | of 1/6 day for every class hour
of instruction of 40 | ||||||
26 | minutes or more attended pursuant to such enrollment,
|
| |||||||
| |||||||
1 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
2 | minutes or more of instruction,
in which case the pupil may | ||||||
3 | be counted on the basis of the proportion of
minutes of | ||||||
4 | school work completed each day to the minimum number of
| ||||||
5 | minutes that school work is required to be held that day.
| ||||||
6 | (b) Days of attendance may be less than 5 clock hours | ||||||
7 | on the opening
and closing of the school term, and upon the | ||||||
8 | first day of pupil
attendance, if preceded by a day or days | ||||||
9 | utilized as an institute or
teachers' workshop.
| ||||||
10 | (c) A session of 4 or more clock hours may be counted | ||||||
11 | as a day of
attendance upon certification by the regional | ||||||
12 | superintendent, and
approved by the State Superintendent | ||||||
13 | of Education to the extent that the
district has been | ||||||
14 | forced to use daily multiple sessions.
| ||||||
15 | (d) A session of 3 or more clock hours may be counted | ||||||
16 | as a day of
attendance (1) when the remainder of the school | ||||||
17 | day or at least
2 hours in the evening of that day is | ||||||
18 | utilized for an
in-service training program for teachers, | ||||||
19 | up to a maximum of 5 days per
school year of which a | ||||||
20 | maximum of 4 days of such 5 days may be used for
| ||||||
21 | parent-teacher conferences, provided a district conducts | ||||||
22 | an in-service
training program for teachers which has been | ||||||
23 | approved by the State
Superintendent of Education; or, in | ||||||
24 | lieu of 4 such days, 2 full days may
be used, in which | ||||||
25 | event each such day
may be counted as a day of attendance; | ||||||
26 | and (2) when days in
addition to
those provided in item (1) |
| |||||||
| |||||||
1 | are scheduled by a school pursuant to its school
| ||||||
2 | improvement plan adopted under Article 34 or its revised or | ||||||
3 | amended school
improvement plan adopted under Article 2, | ||||||
4 | provided that (i) such sessions of
3 or more clock hours | ||||||
5 | are scheduled to occur at regular intervals, (ii) the
| ||||||
6 | remainder of the school days in which such sessions occur | ||||||
7 | are utilized
for in-service training programs or other | ||||||
8 | staff development activities for
teachers, and (iii) a | ||||||
9 | sufficient number of minutes of school work under the
| ||||||
10 | direct supervision of teachers are added to the school days | ||||||
11 | between such
regularly scheduled sessions to accumulate | ||||||
12 | not less than the number of minutes
by which such sessions | ||||||
13 | of 3 or more clock hours fall short of 5 clock hours.
Any | ||||||
14 | full days used for the purposes of this paragraph shall not | ||||||
15 | be considered
for
computing average daily attendance. Days | ||||||
16 | scheduled for in-service training
programs, staff | ||||||
17 | development activities, or parent-teacher conferences may | ||||||
18 | be
scheduled separately for different
grade levels and | ||||||
19 | different attendance centers of the district.
| ||||||
20 | (e) A session of not less than one clock hour of | ||||||
21 | teaching
hospitalized or homebound pupils on-site or by | ||||||
22 | telephone to the classroom may
be counted as 1/2 day of | ||||||
23 | attendance, however these pupils must receive 4 or
more | ||||||
24 | clock hours of instruction to be counted for a full day of | ||||||
25 | attendance.
| ||||||
26 | (f) A session of at least 4 clock hours may be counted |
| |||||||
| |||||||
1 | as a day of
attendance for first grade pupils, and pupils | ||||||
2 | in full day kindergartens,
and a session of 2 or more hours | ||||||
3 | may be counted as 1/2 day of attendance by
pupils in | ||||||
4 | kindergartens which provide only 1/2 day of attendance.
| ||||||
5 | (g) For children with disabilities who are below the | ||||||
6 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
7 | because of their disability or
immaturity, a session of not | ||||||
8 | less than one clock hour may be counted as 1/2 day
of | ||||||
9 | attendance; however for such children whose educational | ||||||
10 | needs so require
a session of 4 or more clock hours may be | ||||||
11 | counted as a full day of attendance.
| ||||||
12 | (h) A recognized kindergarten which provides for only | ||||||
13 | 1/2 day of
attendance by each pupil shall not have more | ||||||
14 | than 1/2 day of attendance
counted in any one day. However, | ||||||
15 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
16 | consecutive school days. When a pupil attends such a
| ||||||
17 | kindergarten for 2 half days on any one school day, the | ||||||
18 | pupil shall have
the following day as a day absent from | ||||||
19 | school, unless the school district
obtains permission in | ||||||
20 | writing from the State Superintendent of Education.
| ||||||
21 | Attendance at kindergartens which provide for a full day of | ||||||
22 | attendance by
each pupil shall be counted the same as | ||||||
23 | attendance by first grade pupils.
Only the first year of | ||||||
24 | attendance in one kindergarten shall be counted,
except in | ||||||
25 | case of children who entered the kindergarten in their | ||||||
26 | fifth year
whose educational development requires a second |
| |||||||
| |||||||
1 | year of kindergarten as
determined under the rules and | ||||||
2 | regulations of the State Board of Education.
| ||||||
3 | (i) On the days when the Prairie State Achievement | ||||||
4 | Examination is
administered under subsection (c) of | ||||||
5 | Section 2-3.64 of this Code, the day
of attendance for a | ||||||
6 | pupil whose school
day must be shortened to accommodate | ||||||
7 | required testing procedures may
be less than 5 clock hours | ||||||
8 | and shall be counted towards the 176 days of actual pupil | ||||||
9 | attendance required under Section 10-19 of this Code, | ||||||
10 | provided that a sufficient number of minutes
of school work | ||||||
11 | in excess of 5 clock hours are first completed on other | ||||||
12 | school
days to compensate for the loss of school work on | ||||||
13 | the examination days.
| ||||||
14 | (G) Equalized Assessed Valuation Data.
| ||||||
15 | (1) For purposes of the calculation of Available Local | ||||||
16 | Resources required
pursuant to subsection (D), the
State Board | ||||||
17 | of Education shall secure from the Department of
Revenue the | ||||||
18 | value as equalized or assessed by the Department of Revenue of
| ||||||
19 | all taxable property of every school district, together with | ||||||
20 | (i) the applicable
tax rate used in extending taxes for the | ||||||
21 | funds of the district as of
September 30 of the previous year
| ||||||
22 | and (ii) the limiting rate for all school
districts subject to | ||||||
23 | property tax extension limitations as imposed under the
| ||||||
24 | Property Tax Extension Limitation Law.
| ||||||
25 | The Department of Revenue shall add to the equalized |
| |||||||
| |||||||
1 | assessed value of all
taxable
property of each school district | ||||||
2 | situated entirely or partially within a county
that is or was | ||||||
3 | subject to the
provisions of Section 15-176 or 15-177 of the | ||||||
4 | Property Tax Code (a)
an amount equal to the total amount by | ||||||
5 | which the
homestead exemption allowed under Section 15-176 or | ||||||
6 | 15-177 of the Property Tax Code for
real
property situated in | ||||||
7 | that school district exceeds the total amount that would
have | ||||||
8 | been
allowed in that school district if the maximum reduction | ||||||
9 | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||||||
10 | all other counties in tax year 2003 or (ii) $5,000 in all | ||||||
11 | counties in tax year 2004 and thereafter and (b) an amount | ||||||
12 | equal to the aggregate amount for the taxable year of all | ||||||
13 | additional exemptions under Section 15-175 of the Property Tax | ||||||
14 | Code for owners with a household income of $30,000 or less. The | ||||||
15 | county clerk of any county that is or was subject to the | ||||||
16 | provisions of Section 15-176 or 15-177 of the Property Tax Code | ||||||
17 | shall
annually calculate and certify to the Department of | ||||||
18 | Revenue for each school
district all
homestead exemption | ||||||
19 | amounts under Section 15-176 or 15-177 of the Property Tax Code | ||||||
20 | and all amounts of additional exemptions under Section 15-175 | ||||||
21 | of the Property Tax Code for owners with a household income of | ||||||
22 | $30,000 or less. It is the intent of this paragraph that if the | ||||||
23 | general homestead exemption for a parcel of property is | ||||||
24 | determined under Section 15-176 or 15-177 of the Property Tax | ||||||
25 | Code rather than Section 15-175, then the calculation of | ||||||
26 | Available Local Resources shall not be affected by the |
| |||||||
| |||||||
1 | difference, if any, between the amount of the general homestead | ||||||
2 | exemption allowed for that parcel of property under Section | ||||||
3 | 15-176 or 15-177 of the Property Tax Code and the amount that | ||||||
4 | would have been allowed had the general homestead exemption for | ||||||
5 | that parcel of property been determined under Section 15-175 of | ||||||
6 | the Property Tax Code. It is further the intent of this | ||||||
7 | paragraph that if additional exemptions are allowed under | ||||||
8 | Section 15-175 of the Property Tax Code for owners with a | ||||||
9 | household income of less than $30,000, then the calculation of | ||||||
10 | Available Local Resources shall not be affected by the | ||||||
11 | difference, if any, because of those additional exemptions.
| ||||||
12 | This equalized assessed valuation, as adjusted further by | ||||||
13 | the requirements of
this subsection, shall be utilized in the | ||||||
14 | calculation of Available Local
Resources.
| ||||||
15 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
16 | be adjusted, as
applicable, in the following manner:
| ||||||
17 | (a) For the purposes of calculating State aid under | ||||||
18 | this Section,
with respect to any part of a school district | ||||||
19 | within a redevelopment
project area in respect to which a | ||||||
20 | municipality has adopted tax
increment allocation | ||||||
21 | financing pursuant to the Tax Increment Allocation
| ||||||
22 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
23 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
24 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
25 | Illinois Municipal Code, no part of the current equalized
| ||||||
26 | assessed valuation of real property located in any such |
| |||||||
| |||||||
1 | project area which is
attributable to an increase above the | ||||||
2 | total initial equalized assessed
valuation of such | ||||||
3 | property shall be used as part of the equalized assessed
| ||||||
4 | valuation of the district, until such time as all
| ||||||
5 | redevelopment project costs have been paid, as provided in | ||||||
6 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
7 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
8 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
9 | equalized assessed valuation of the
district, the total | ||||||
10 | initial equalized assessed valuation or the current
| ||||||
11 | equalized assessed valuation, whichever is lower, shall be | ||||||
12 | used until
such time as all redevelopment project costs | ||||||
13 | have been paid.
| ||||||
14 | (b) The real property equalized assessed valuation for | ||||||
15 | a school district
shall be adjusted by subtracting from the | ||||||
16 | real property
value as equalized or assessed by the | ||||||
17 | Department of Revenue for the
district an amount computed | ||||||
18 | by dividing the amount of any abatement of
taxes under | ||||||
19 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
20 | district
maintaining grades kindergarten through 12, by | ||||||
21 | 2.30% for a district
maintaining grades kindergarten | ||||||
22 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
23 | through 12 and adjusted by an amount computed by dividing
| ||||||
24 | the amount of any abatement of taxes under subsection (a) | ||||||
25 | of Section 18-165 of
the Property Tax Code by the same | ||||||
26 | percentage rates for district type as
specified in this |
| |||||||
| |||||||
1 | subparagraph (b).
| ||||||
2 | (3) For the 1999-2000 school year and each school year | ||||||
3 | thereafter, if a
school district meets all of the criteria of | ||||||
4 | this subsection (G)(3), the school
district's Available Local | ||||||
5 | Resources shall be calculated under subsection (D)
using the | ||||||
6 | district's Extension Limitation Equalized Assessed Valuation | ||||||
7 | as
calculated under this
subsection (G)(3).
| ||||||
8 | For purposes of this subsection (G)(3) the following terms | ||||||
9 | shall have
the following meanings:
| ||||||
10 | "Budget Year": The school year for which general State | ||||||
11 | aid is calculated
and
awarded under subsection (E).
| ||||||
12 | "Base Tax Year": The property tax levy year used to | ||||||
13 | calculate the Budget
Year
allocation of general State aid.
| ||||||
14 | "Preceding Tax Year": The property tax levy year | ||||||
15 | immediately preceding the
Base Tax Year.
| ||||||
16 | "Base Tax Year's Tax Extension": The product of the | ||||||
17 | equalized assessed
valuation utilized by the County Clerk | ||||||
18 | in the Base Tax Year multiplied by the
limiting rate as | ||||||
19 | calculated by the County Clerk and defined in the Property | ||||||
20 | Tax
Extension Limitation Law.
| ||||||
21 | "Preceding Tax Year's Tax Extension": The product of | ||||||
22 | the equalized assessed
valuation utilized by the County | ||||||
23 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
24 | Tax Rate as defined in subsection (A).
| ||||||
25 | "Extension Limitation Ratio": A numerical ratio, | ||||||
26 | certified by the
County Clerk, in which the numerator is |
| |||||||
| |||||||
1 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
2 | the Preceding Tax Year's Tax Extension.
| ||||||
3 | "Operating Tax Rate": The operating tax rate as defined | ||||||
4 | in subsection (A).
| ||||||
5 | If a school district is subject to property tax extension | ||||||
6 | limitations as
imposed under
the Property Tax Extension | ||||||
7 | Limitation Law, the State Board of Education shall
calculate | ||||||
8 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
9 | district. For the 1999-2000 school
year, the
Extension | ||||||
10 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
11 | calculated by the State Board of Education shall be equal to | ||||||
12 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
13 | and the district's Extension
Limitation Ratio. For the | ||||||
14 | 2000-2001 school year and each school year
thereafter,
the | ||||||
15 | Extension Limitation Equalized Assessed Valuation of a school | ||||||
16 | district as
calculated by the State Board of Education shall be | ||||||
17 | equal to the product of
the Equalized Assessed Valuation last | ||||||
18 | used in the calculation of general State
aid and the
district's | ||||||
19 | Extension Limitation Ratio. If the Extension Limitation
| ||||||
20 | Equalized
Assessed Valuation of a school district as calculated | ||||||
21 | under
this subsection (G)(3) is less than the district's | ||||||
22 | equalized assessed valuation
as calculated pursuant to | ||||||
23 | subsections (G)(1) and (G)(2), then for purposes of
calculating | ||||||
24 | the district's general State aid for the Budget Year pursuant | ||||||
25 | to
subsection (E), that Extension
Limitation Equalized | ||||||
26 | Assessed Valuation shall be utilized to calculate the
|
| |||||||
| |||||||
1 | district's Available Local Resources
under subsection (D).
| ||||||
2 | Partial elementary unit districts created in accordance | ||||||
3 | with Article 11E of this Code shall not be eligible for the | ||||||
4 | adjustment in this subsection (G)(3) until the fifth year | ||||||
5 | following the effective date of the reorganization.
| ||||||
6 | (4) For the purposes of calculating general State aid for | ||||||
7 | the 1999-2000
school year only, if a school district | ||||||
8 | experienced a triennial reassessment on
the equalized assessed | ||||||
9 | valuation used in calculating its general State
financial aid | ||||||
10 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
11 | Education shall calculate the Extension Limitation Equalized | ||||||
12 | Assessed Valuation
that would have been used to calculate the | ||||||
13 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
14 | the product of the equalized assessed valuation
used to
| ||||||
15 | calculate general State aid for the 1997-1998 school year and | ||||||
16 | the district's
Extension Limitation Ratio. If the Extension | ||||||
17 | Limitation Equalized Assessed
Valuation of the school district | ||||||
18 | as calculated under this paragraph (4) is
less than the | ||||||
19 | district's equalized assessed valuation utilized in | ||||||
20 | calculating
the
district's 1998-1999 general State aid | ||||||
21 | allocation, then for purposes of
calculating the district's | ||||||
22 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
23 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
24 | be utilized to
calculate the district's Available Local | ||||||
25 | Resources.
| ||||||
26 | (5) For school districts having a majority of their |
| |||||||
| |||||||
1 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
2 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
3 | aid allocated to the school district for the
1999-2000 school | ||||||
4 | year under the provisions of subsection (E), (H), and (J) of
| ||||||
5 | this Section is less than the amount of general State aid | ||||||
6 | allocated to the
district for the 1998-1999 school year under | ||||||
7 | these subsections, then the
general
State aid of the district | ||||||
8 | for the 1999-2000 school year only shall be increased
by the | ||||||
9 | difference between these amounts. The total payments made under | ||||||
10 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
11 | be prorated if they
exceed $14,000,000.
| ||||||
12 | (H) Supplemental General State Aid.
| ||||||
13 | (1) In addition to the general State aid a school district | ||||||
14 | is allotted
pursuant to subsection (E), qualifying school | ||||||
15 | districts shall receive a grant,
paid in conjunction with a | ||||||
16 | district's payments of general State aid, for
supplemental | ||||||
17 | general State aid based upon the concentration level of | ||||||
18 | children
from low-income households within the school | ||||||
19 | district.
Supplemental State aid grants provided for school | ||||||
20 | districts under this
subsection shall be appropriated for | ||||||
21 | distribution to school districts as part
of the same line item | ||||||
22 | in which the general State financial aid of school
districts is | ||||||
23 | appropriated under this Section.
If the appropriation in any | ||||||
24 | fiscal year for general State aid and
supplemental general | ||||||
25 | State aid is insufficient to pay the amounts required
under the |
| |||||||
| |||||||
1 | general State aid and supplemental general State aid | ||||||
2 | calculations,
then the
State Board of Education shall ensure | ||||||
3 | that
each school district receives the full amount due for | ||||||
4 | general State aid
and the remainder of the appropriation shall | ||||||
5 | be used
for supplemental general State aid, which the State | ||||||
6 | Board of Education shall
calculate and pay to eligible | ||||||
7 | districts on a prorated basis.
| ||||||
8 | (1.5) This paragraph (1.5) applies only to those school | ||||||
9 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
10 | subsection (H), the term "Low-Income Concentration Level" | ||||||
11 | shall be the
low-income
eligible pupil count from the most | ||||||
12 | recently available federal census divided by
the Average Daily | ||||||
13 | Attendance of the school district.
If, however, (i) the | ||||||
14 | percentage decrease from the 2 most recent federal
censuses
in | ||||||
15 | the low-income eligible pupil count of a high school district | ||||||
16 | with fewer
than 400 students exceeds by 75% or more the | ||||||
17 | percentage change in the total
low-income eligible pupil count | ||||||
18 | of contiguous elementary school districts,
whose boundaries | ||||||
19 | are coterminous with the high school district,
or (ii) a high | ||||||
20 | school district within 2 counties and serving 5 elementary
| ||||||
21 | school
districts, whose boundaries are coterminous with the | ||||||
22 | high school
district, has a percentage decrease from the 2 most | ||||||
23 | recent federal
censuses in the low-income eligible pupil count | ||||||
24 | and there is a percentage
increase in the total low-income | ||||||
25 | eligible pupil count of a majority of the
elementary school | ||||||
26 | districts in excess of 50% from the 2 most recent
federal |
| |||||||
| |||||||
1 | censuses, then
the
high school district's low-income eligible | ||||||
2 | pupil count from the earlier federal
census
shall be the number | ||||||
3 | used as the low-income eligible pupil count for the high
school | ||||||
4 | district, for purposes of this subsection (H).
The changes made | ||||||
5 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
6 | supplemental general State aid
grants for school years | ||||||
7 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
8 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
9 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
10 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
11 | repealed on July 1, 1998), and any high school district that is | ||||||
12 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
13 | its supplemental general State aid grant or State aid
paid in | ||||||
14 | any of those fiscal years. This recomputation shall not be
| ||||||
15 | affected by any other funding.
| ||||||
16 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
17 | school year
and each school year thereafter. For purposes of | ||||||
18 | this subsection (H), the
term "Low-Income Concentration Level" | ||||||
19 | shall, for each fiscal year, be the
low-income eligible
pupil | ||||||
20 | count
as of July 1 of the immediately preceding fiscal year
(as | ||||||
21 | determined by the Department of Human Services based
on the | ||||||
22 | number of pupils
who are eligible for at least one of the | ||||||
23 | following
low income programs: Medicaid, KidCare, TANF, or Food | ||||||
24 | Stamps,
excluding pupils who are eligible for services provided | ||||||
25 | by the Department
of Children and Family Services,
averaged | ||||||
26 | over
the 2 immediately preceding fiscal years for fiscal year |
| |||||||
| |||||||
1 | 2004 and over the 3
immediately preceding fiscal years for each | ||||||
2 | fiscal year thereafter)
divided by the Average Daily Attendance | ||||||
3 | of the school district.
| ||||||
4 | (2) Supplemental general State aid pursuant to this | ||||||
5 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
6 | 1999-2000, and 2000-2001 school years
only:
| ||||||
7 | (a) For any school district with a Low Income | ||||||
8 | Concentration Level of at
least 20% and less than 35%, the | ||||||
9 | grant for any school year
shall be $800
multiplied by the | ||||||
10 | low income eligible pupil count.
| ||||||
11 | (b) For any school district with a Low Income | ||||||
12 | Concentration Level of at
least 35% and less than 50%, the | ||||||
13 | grant for the 1998-1999 school year shall be
$1,100 | ||||||
14 | multiplied by the low income eligible pupil count.
| ||||||
15 | (c) For any school district with a Low Income | ||||||
16 | Concentration Level of at
least 50% and less than 60%, the | ||||||
17 | grant for the 1998-99 school year shall be
$1,500 | ||||||
18 | multiplied by the low income eligible pupil count.
| ||||||
19 | (d) For any school district with a Low Income | ||||||
20 | Concentration Level of 60%
or more, the grant for the | ||||||
21 | 1998-99 school year shall be $1,900 multiplied by
the low | ||||||
22 | income eligible pupil count.
| ||||||
23 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
24 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
25 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
26 | respectively.
|
| |||||||
| |||||||
1 | (f) For the 2000-2001 school year, the per pupil | ||||||
2 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
3 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
4 | respectively.
| ||||||
5 | (2.5) Supplemental general State aid pursuant to this | ||||||
6 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
7 | school year:
| ||||||
8 | (a) For any school district with a Low Income | ||||||
9 | Concentration Level of less
than 10%, the grant for each | ||||||
10 | school year shall be $355 multiplied by the low
income | ||||||
11 | eligible pupil count.
| ||||||
12 | (b) For any school district with a Low Income | ||||||
13 | Concentration
Level of at least 10% and less than 20%, the | ||||||
14 | grant for each school year shall
be $675
multiplied by the | ||||||
15 | low income eligible pupil
count.
| ||||||
16 | (c) For any school district with a Low Income | ||||||
17 | Concentration
Level of at least 20% and less than 35%, the | ||||||
18 | grant for each school year shall
be $1,330
multiplied by | ||||||
19 | the low income eligible pupil
count.
| ||||||
20 | (d) For any school district with a Low Income | ||||||
21 | Concentration
Level of at least 35% and less than 50%, the | ||||||
22 | grant for each school year shall
be $1,362
multiplied by | ||||||
23 | the low income eligible pupil
count.
| ||||||
24 | (e) For any school district with a Low Income | ||||||
25 | Concentration
Level of at least 50% and less than 60%, the | ||||||
26 | grant for each school year shall
be $1,680
multiplied by |
| |||||||
| |||||||
1 | the low income eligible pupil
count.
| ||||||
2 | (f) For any school district with a Low Income | ||||||
3 | Concentration
Level of 60% or more, the grant for each | ||||||
4 | school year shall be $2,080
multiplied by the low income | ||||||
5 | eligible pupil count.
| ||||||
6 | (2.10) Except as otherwise provided, supplemental general | ||||||
7 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
8 | follows for the 2003-2004 school year and each
school year | ||||||
9 | thereafter:
| ||||||
10 | (a) For any school district with a Low Income | ||||||
11 | Concentration
Level of 15% or less, the grant for each | ||||||
12 | school year
shall be $355 multiplied by the low income | ||||||
13 | eligible pupil count.
| ||||||
14 | (b) For any school district with a Low Income | ||||||
15 | Concentration
Level greater than 15%, the grant for each | ||||||
16 | school year shall be
$294.25 added to the product of $2,700 | ||||||
17 | and the square of the Low
Income Concentration Level, all | ||||||
18 | multiplied by the low income
eligible pupil count.
| ||||||
19 | For the 2003-2004 school year and each school year | ||||||
20 | thereafter through the 2008-2009 2007-2008 school year only, | ||||||
21 | the grant shall be no less than the
grant
for
the 2002-2003 | ||||||
22 | school year. For the 2009-2010 2008-2009 school year only, the | ||||||
23 | grant shall
be no
less than the grant for the 2002-2003 school | ||||||
24 | year multiplied by 0.66. For the 2010-2011
2009-2010
school | ||||||
25 | year only, the grant shall be no less than the grant for the | ||||||
26 | 2002-2003
school year
multiplied by 0.33. Notwithstanding the |
| |||||||
| |||||||
1 | provisions of this paragraph to the contrary, if for any school | ||||||
2 | year supplemental general State aid grants are prorated as | ||||||
3 | provided in paragraph (1) of this subsection (H), then the | ||||||
4 | grants under this paragraph shall be prorated.
| ||||||
5 | For the 2003-2004 school year only, the grant shall be no | ||||||
6 | greater
than the grant received during the 2002-2003 school | ||||||
7 | year added to the
product of 0.25 multiplied by the difference | ||||||
8 | between the grant amount
calculated under subsection (a) or (b) | ||||||
9 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
10 | grant received during the 2002-2003 school year.
For the | ||||||
11 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
12 | the grant received during the 2002-2003 school year added to | ||||||
13 | the
product of 0.50 multiplied by the difference between the | ||||||
14 | grant amount
calculated under subsection (a) or (b) of this | ||||||
15 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
16 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
17 | school year only, the grant shall be no greater than
the grant | ||||||
18 | received during the 2002-2003 school year added to the
product | ||||||
19 | of 0.75 multiplied by the difference between the grant amount
| ||||||
20 | calculated under subsection (a) or (b) of this paragraph | ||||||
21 | (2.10), whichever
is applicable, and the grant received during | ||||||
22 | the 2002-2003
school year.
| ||||||
23 | (3) School districts with an Average Daily Attendance of | ||||||
24 | more than 1,000
and less than 50,000 that qualify for | ||||||
25 | supplemental general State aid pursuant
to this subsection | ||||||
26 | shall submit a plan to the State Board of Education prior to
|
| |||||||
| |||||||
1 | October 30 of each year for the use of the funds resulting from | ||||||
2 | this grant of
supplemental general State aid for the | ||||||
3 | improvement of
instruction in which priority is given to | ||||||
4 | meeting the education needs of
disadvantaged children. Such | ||||||
5 | plan shall be submitted in accordance with
rules and | ||||||
6 | regulations promulgated by the State Board of Education.
| ||||||
7 | (4) School districts with an Average Daily Attendance of | ||||||
8 | 50,000 or more
that qualify for supplemental general State aid | ||||||
9 | pursuant to this subsection
shall be required to distribute | ||||||
10 | from funds available pursuant to this Section,
no less than | ||||||
11 | $261,000,000 in accordance with the following requirements:
| ||||||
12 | (a) The required amounts shall be distributed to the | ||||||
13 | attendance centers
within the district in proportion to the | ||||||
14 | number of pupils enrolled at each
attendance center who are | ||||||
15 | eligible to receive free or reduced-price lunches or
| ||||||
16 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
17 | and under the National
School Lunch Act during the | ||||||
18 | immediately preceding school year.
| ||||||
19 | (b) The distribution of these portions of supplemental | ||||||
20 | and general State
aid among attendance centers according to | ||||||
21 | these requirements shall not be
compensated for or | ||||||
22 | contravened by adjustments of the total of other funds
| ||||||
23 | appropriated to any attendance centers, and the Board of | ||||||
24 | Education shall
utilize funding from one or several sources | ||||||
25 | in order to fully implement this
provision annually prior | ||||||
26 | to the opening of school.
|
| |||||||
| |||||||
1 | (c) Each attendance center shall be provided by the
| ||||||
2 | school district a distribution of noncategorical funds and | ||||||
3 | other
categorical funds to which an attendance center is | ||||||
4 | entitled under law in
order that the general State aid and | ||||||
5 | supplemental general State aid provided
by application of | ||||||
6 | this subsection supplements rather than supplants the
| ||||||
7 | noncategorical funds and other categorical funds provided | ||||||
8 | by the school
district to the attendance centers.
| ||||||
9 | (d) Any funds made available under this subsection that | ||||||
10 | by reason of the
provisions of this subsection are not
| ||||||
11 | required to be allocated and provided to attendance centers | ||||||
12 | may be used and
appropriated by the board of the district | ||||||
13 | for any lawful school purpose.
| ||||||
14 | (e) Funds received by an attendance center
pursuant to | ||||||
15 | this
subsection shall be used
by the attendance center at | ||||||
16 | the discretion
of the principal and local school council | ||||||
17 | for programs to improve educational
opportunities at | ||||||
18 | qualifying schools through the following programs and
| ||||||
19 | services: early childhood education, reduced class size or | ||||||
20 | improved adult to
student classroom ratio, enrichment | ||||||
21 | programs, remedial assistance, attendance
improvement, and | ||||||
22 | other educationally beneficial expenditures which
| ||||||
23 | supplement
the regular and basic programs as determined by | ||||||
24 | the State Board of Education.
Funds provided shall not be | ||||||
25 | expended for any political or lobbying purposes
as defined | ||||||
26 | by board rule.
|
| |||||||
| |||||||
1 | (f) Each district subject to the provisions of this | ||||||
2 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
3 | the educational needs of disadvantaged children, in
| ||||||
4 | compliance with the requirements of this paragraph, to the | ||||||
5 | State Board of
Education prior to July 15 of each year. | ||||||
6 | This plan shall be consistent with the
decisions of local | ||||||
7 | school councils concerning the school expenditure plans
| ||||||
8 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
9 | State Board shall
approve or reject the plan within 60 days | ||||||
10 | after its submission. If the plan is
rejected, the district | ||||||
11 | shall give written notice of intent to modify the plan
| ||||||
12 | within 15 days of the notification of rejection and then | ||||||
13 | submit a modified plan
within 30 days after the date of the | ||||||
14 | written notice of intent to modify.
Districts may amend | ||||||
15 | approved plans pursuant to rules promulgated by the State
| ||||||
16 | Board of Education.
| ||||||
17 | Upon notification by the State Board of Education that | ||||||
18 | the district has
not submitted a plan prior to July 15 or a | ||||||
19 | modified plan within the time
period specified herein, the
| ||||||
20 | State aid funds affected by that plan or modified plan | ||||||
21 | shall be withheld by the
State Board of Education until a | ||||||
22 | plan or modified plan is submitted.
| ||||||
23 | If the district fails to distribute State aid to | ||||||
24 | attendance centers in
accordance with an approved plan, the | ||||||
25 | plan for the following year shall
allocate funds, in | ||||||
26 | addition to the funds otherwise required by this
|
| |||||||
| |||||||
1 | subsection, to those attendance centers which were | ||||||
2 | underfunded during the
previous year in amounts equal to | ||||||
3 | such underfunding.
| ||||||
4 | For purposes of determining compliance with this | ||||||
5 | subsection in relation
to the requirements of attendance | ||||||
6 | center funding, each district subject to the
provisions of | ||||||
7 | this
subsection shall submit as a separate document by | ||||||
8 | December 1 of each year a
report of expenditure data for | ||||||
9 | the prior year in addition to any
modification of its | ||||||
10 | current plan. If it is determined that there has been
a | ||||||
11 | failure to comply with the expenditure provisions of this | ||||||
12 | subsection
regarding contravention or supplanting, the | ||||||
13 | State Superintendent of
Education shall, within 60 days of | ||||||
14 | receipt of the report, notify the
district and any affected | ||||||
15 | local school council. The district shall within
45 days of | ||||||
16 | receipt of that notification inform the State | ||||||
17 | Superintendent of
Education of the remedial or corrective | ||||||
18 | action to be taken, whether by
amendment of the current | ||||||
19 | plan, if feasible, or by adjustment in the plan
for the | ||||||
20 | following year. Failure to provide the expenditure report | ||||||
21 | or the
notification of remedial or corrective action in a | ||||||
22 | timely manner shall
result in a withholding of the affected | ||||||
23 | funds.
| ||||||
24 | The State Board of Education shall promulgate rules and | ||||||
25 | regulations
to implement the provisions of this | ||||||
26 | subsection. No funds shall be released
under this |
| |||||||
| |||||||
1 | subdivision (H)(4) to any district that has not submitted a | ||||||
2 | plan
that has been approved by the State Board of | ||||||
3 | Education.
| ||||||
4 | (I) (Blank).
| ||||||
5 | (J) Supplementary Grants in Aid.
| ||||||
6 | (1) Notwithstanding any other provisions of this Section, | ||||||
7 | the amount of the
aggregate general State aid in combination | ||||||
8 | with supplemental general State aid
under this Section for | ||||||
9 | which
each school district is eligible shall be no
less than | ||||||
10 | the amount of the aggregate general State aid entitlement that | ||||||
11 | was
received by the district under Section
18-8 (exclusive of | ||||||
12 | amounts received
under subsections 5(p) and 5(p-5) of that | ||||||
13 | Section)
for the 1997-98 school year,
pursuant to the | ||||||
14 | provisions of that Section as it was then in effect.
If a | ||||||
15 | school district qualifies to receive a supplementary payment | ||||||
16 | made under
this subsection (J), the amount
of the aggregate | ||||||
17 | general State aid in combination with supplemental general
| ||||||
18 | State aid under this Section
which that district is eligible to | ||||||
19 | receive for each school year shall be no less than the amount | ||||||
20 | of the aggregate
general State aid entitlement that was | ||||||
21 | received by the district under
Section 18-8 (exclusive of | ||||||
22 | amounts received
under subsections 5(p) and 5(p-5) of that | ||||||
23 | Section)
for the 1997-1998 school year, pursuant to the | ||||||
24 | provisions of that
Section as it was then in effect.
|
| |||||||
| |||||||
1 | (2) If, as provided in paragraph (1) of this subsection | ||||||
2 | (J), a school
district is to receive aggregate general State | ||||||
3 | aid in
combination with supplemental general State aid under | ||||||
4 | this Section for the 1998-99 school year and any subsequent | ||||||
5 | school
year that in any such school year is less than the | ||||||
6 | amount of the aggregate
general
State
aid entitlement that the | ||||||
7 | district received for the 1997-98 school year, the
school | ||||||
8 | district shall also receive, from a separate appropriation made | ||||||
9 | for
purposes of this subsection (J), a supplementary payment | ||||||
10 | that is equal to the
amount of the difference in the aggregate | ||||||
11 | State aid figures as described in
paragraph (1).
| ||||||
12 | (3) (Blank).
| ||||||
13 | (K) Grants to Laboratory and Alternative Schools.
| ||||||
14 | In calculating the amount to be paid to the governing board | ||||||
15 | of a public
university that operates a laboratory school under | ||||||
16 | this Section or to any
alternative school that is operated by a | ||||||
17 | regional superintendent of schools,
the State
Board of | ||||||
18 | Education shall require by rule such reporting requirements as | ||||||
19 | it
deems necessary.
| ||||||
20 | As used in this Section, "laboratory school" means a public | ||||||
21 | school which is
created and operated by a public university and | ||||||
22 | approved by the State Board of
Education. The governing board | ||||||
23 | of a public university which receives funds
from the State | ||||||
24 | Board under this subsection (K) may not increase the number of
| ||||||
25 | students enrolled in its laboratory
school from a single |
| |||||||
| |||||||
1 | district, if that district is already sending 50 or more
| ||||||
2 | students, except under a mutual agreement between the school | ||||||
3 | board of a
student's district of residence and the university | ||||||
4 | which operates the
laboratory school. A laboratory school may | ||||||
5 | not have more than 1,000 students,
excluding students with | ||||||
6 | disabilities in a special education program.
| ||||||
7 | As used in this Section, "alternative school" means a | ||||||
8 | public school which is
created and operated by a Regional | ||||||
9 | Superintendent of Schools and approved by
the State Board of | ||||||
10 | Education. Such alternative schools may offer courses of
| ||||||
11 | instruction for which credit is given in regular school | ||||||
12 | programs, courses to
prepare students for the high school | ||||||
13 | equivalency testing program or vocational
and occupational | ||||||
14 | training. A regional superintendent of schools may contract
| ||||||
15 | with a school district or a public community college district | ||||||
16 | to operate an
alternative school. An alternative school serving | ||||||
17 | more than one educational
service region may be established by | ||||||
18 | the regional superintendents of schools
of the affected | ||||||
19 | educational service regions. An alternative school
serving | ||||||
20 | more than one educational service region may be operated under | ||||||
21 | such
terms as the regional superintendents of schools of those | ||||||
22 | educational service
regions may agree.
| ||||||
23 | Each laboratory and alternative school shall file, on forms | ||||||
24 | provided by the
State Superintendent of Education, an annual | ||||||
25 | State aid claim which states the
Average Daily Attendance of | ||||||
26 | the school's students by month. The best 3 months'
Average |
| |||||||
| |||||||
1 | Daily Attendance shall be computed for each school.
The general | ||||||
2 | State aid entitlement shall be computed by multiplying the
| ||||||
3 | applicable Average Daily Attendance by the Foundation Level as | ||||||
4 | determined under
this Section.
| ||||||
5 | (L) Payments, Additional Grants in Aid and Other Requirements.
| ||||||
6 | (1) For a school district operating under the financial | ||||||
7 | supervision
of an Authority created under Article 34A, the | ||||||
8 | general State aid otherwise
payable to that district under this | ||||||
9 | Section, but not the supplemental general
State aid, shall be | ||||||
10 | reduced by an amount equal to the budget for
the operations of | ||||||
11 | the Authority as certified by the Authority to the State
Board | ||||||
12 | of Education, and an amount equal to such reduction shall be | ||||||
13 | paid
to the Authority created for such district for its | ||||||
14 | operating expenses in
the manner provided in Section 18-11. The | ||||||
15 | remainder
of general State school aid for any such district | ||||||
16 | shall be paid in accordance
with Article 34A when that Article | ||||||
17 | provides for a disposition other than that
provided by this | ||||||
18 | Article.
| ||||||
19 | (2) (Blank).
| ||||||
20 | (3) Summer school. Summer school payments shall be made as | ||||||
21 | provided in
Section 18-4.3.
| ||||||
22 | (M) Education Funding Advisory Board.
| ||||||
23 | The Education Funding Advisory
Board, hereinafter in this | ||||||
24 | subsection (M) referred to as the "Board", is hereby
created. |
| |||||||
| |||||||
1 | The Board
shall consist of 5 members who are appointed by the | ||||||
2 | Governor, by and with the
advice and consent of the Senate. The | ||||||
3 | members appointed shall include
representatives of education, | ||||||
4 | business, and the general public. One of the
members so | ||||||
5 | appointed shall be
designated by the Governor at the time the | ||||||
6 | appointment is made as the
chairperson of the
Board.
The | ||||||
7 | initial members of the Board may
be appointed any time after | ||||||
8 | the effective date of this amendatory Act of
1997. The regular | ||||||
9 | term of each member of the
Board shall be for 4 years from the | ||||||
10 | third Monday of January of the
year in which the term of the | ||||||
11 | member's appointment is to commence, except that
of the 5 | ||||||
12 | initial members appointed to serve on the
Board, the member who | ||||||
13 | is appointed as the chairperson shall serve for
a term that | ||||||
14 | commences on the date of his or her appointment and expires on | ||||||
15 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
16 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
17 | after all 5 members are appointed, shall determine 2 of their | ||||||
18 | number to serve
for terms that commence on the date of their
| ||||||
19 | respective appointments and expire on the third
Monday of | ||||||
20 | January, 2001,
and 2 of their number to serve for terms that | ||||||
21 | commence
on the date of their respective appointments and | ||||||
22 | expire on the third Monday
of January, 2000. All members | ||||||
23 | appointed to serve on the
Board shall serve until their | ||||||
24 | respective successors are
appointed and confirmed. Vacancies | ||||||
25 | shall be filled in the same manner as
original appointments. If | ||||||
26 | a vacancy in membership occurs at a time when the
Senate is not |
| |||||||
| |||||||
1 | in session, the Governor shall make a temporary appointment | ||||||
2 | until
the next meeting of the Senate, when he or she shall | ||||||
3 | appoint, by and with the
advice and consent of the Senate, a | ||||||
4 | person to fill that membership for the
unexpired term. If the | ||||||
5 | Senate is not in session when the initial appointments
are | ||||||
6 | made, those appointments shall
be made as in the case of | ||||||
7 | vacancies.
| ||||||
8 | The Education Funding Advisory Board shall be deemed | ||||||
9 | established,
and the initial
members appointed by the Governor | ||||||
10 | to serve as members of the
Board shall take office,
on the date | ||||||
11 | that the
Governor makes his or her appointment of the fifth | ||||||
12 | initial member of the
Board, whether those initial members are | ||||||
13 | then serving
pursuant to appointment and confirmation or | ||||||
14 | pursuant to temporary appointments
that are made by the | ||||||
15 | Governor as in the case of vacancies.
| ||||||
16 | The State Board of Education shall provide such staff | ||||||
17 | assistance to the
Education Funding Advisory Board as is | ||||||
18 | reasonably required for the proper
performance by the Board of | ||||||
19 | its responsibilities.
| ||||||
20 | For school years after the 2000-2001 school year, the | ||||||
21 | Education
Funding Advisory Board, in consultation with the | ||||||
22 | State Board of Education,
shall make recommendations as | ||||||
23 | provided in this subsection (M) to the General
Assembly for the | ||||||
24 | foundation level under subdivision (B)(3) of this Section and
| ||||||
25 | for the
supplemental general State aid grant level under | ||||||
26 | subsection (H) of this Section
for districts with high |
| |||||||
| |||||||
1 | concentrations of children from poverty. The
recommended | ||||||
2 | foundation level shall be determined based on a methodology | ||||||
3 | which
incorporates the basic education expenditures of | ||||||
4 | low-spending schools
exhibiting high academic performance. The | ||||||
5 | Education Funding Advisory Board
shall make such | ||||||
6 | recommendations to the General Assembly on January 1 of odd
| ||||||
7 | numbered years, beginning January 1, 2001.
| ||||||
8 | (N) (Blank).
| ||||||
9 | (O) References.
| ||||||
10 | (1) References in other laws to the various subdivisions of
| ||||||
11 | Section 18-8 as that Section existed before its repeal and | ||||||
12 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
13 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
14 | extent that those references remain applicable.
| ||||||
15 | (2) References in other laws to State Chapter 1 funds shall | ||||||
16 | be deemed to
refer to the supplemental general State aid | ||||||
17 | provided under subsection (H) of
this Section.
| ||||||
18 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
19 | changes to this Section. Under Section 6 of the Statute on | ||||||
20 | Statutes there is an irreconcilable conflict between Public Act | ||||||
21 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
22 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
23 | the law regardless of the text of Public Act 93-808. |
| |||||||
| |||||||
1 | (Source: P.A. 94-69, eff. 7-1-05; 94-438, eff. 8-4-05; 94-835, | ||||||
2 | eff. 6-6-06; 94-1019, eff. 7-10-06; 94-1105, eff. 6-1-07; | ||||||
3 | 95-331, eff. 8-21-07; 95-644, eff. 10-12-07; 95-707, eff. | ||||||
4 | 1-11-08; revised 1-14-08.) | ||||||
5 | Section 60. The Illinois Public Aid Code is amended by | ||||||
6 | changing Sections 5-5.4, 12-10.7, and 12-10.8 and by adding | ||||||
7 | Section 5-5.26 as follows: | ||||||
8 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
| ||||||
9 | Sec. 5-5.4. Standards of Payment - Department of Healthcare | ||||||
10 | and Family Services.
The Department of Healthcare and Family | ||||||
11 | Services shall develop standards of payment of skilled
nursing | ||||||
12 | and intermediate care services in facilities providing such | ||||||
13 | services
under this Article which:
| ||||||
14 | (1) Provide for the determination of a facility's payment
| ||||||
15 | for skilled nursing and intermediate care services on a | ||||||
16 | prospective basis.
The amount of the payment rate for all | ||||||
17 | nursing facilities certified by the
Department of Public Health | ||||||
18 | under the Nursing Home Care Act as Intermediate
Care for the | ||||||
19 | Developmentally Disabled facilities, Long Term Care for Under | ||||||
20 | Age
22 facilities, Skilled Nursing facilities, or Intermediate | ||||||
21 | Care facilities
under the
medical assistance program shall be | ||||||
22 | prospectively established annually on the
basis of historical, | ||||||
23 | financial, and statistical data reflecting actual costs
from | ||||||
24 | prior years, which shall be applied to the current rate year |
| |||||||
| |||||||
1 | and updated
for inflation, except that the capital cost element | ||||||
2 | for newly constructed
facilities shall be based upon projected | ||||||
3 | budgets. The annually established
payment rate shall take | ||||||
4 | effect on July 1 in 1984 and subsequent years. No rate
increase | ||||||
5 | and no
update for inflation shall be provided on or after July | ||||||
6 | 1, 1994 and before
July 1, 2009 2008 , unless specifically | ||||||
7 | provided for in this
Section.
The changes made by Public Act | ||||||
8 | 93-841
extending the duration of the prohibition against a rate | ||||||
9 | increase or update for inflation are effective retroactive to | ||||||
10 | July 1, 2004.
| ||||||
11 | For facilities licensed by the Department of Public Health | ||||||
12 | under the Nursing
Home Care Act as Intermediate Care for the | ||||||
13 | Developmentally Disabled facilities
or Long Term Care for Under | ||||||
14 | Age 22 facilities, the rates taking effect on July
1, 1998 | ||||||
15 | shall include an increase of 3%. For facilities licensed by the
| ||||||
16 | Department of Public Health under the Nursing Home Care Act as | ||||||
17 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
18 | the rates taking effect on July 1,
1998 shall include an | ||||||
19 | increase of 3% plus $1.10 per resident-day, as defined by
the | ||||||
20 | Department. For facilities licensed by the Department of Public | ||||||
21 | Health under the Nursing Home Care Act as Intermediate Care | ||||||
22 | Facilities for the Developmentally Disabled or Long Term Care | ||||||
23 | for Under Age 22 facilities, the rates taking effect on January | ||||||
24 | 1, 2006 shall include an increase of 3%.
For facilities | ||||||
25 | licensed by the Department of Public Health under the Nursing | ||||||
26 | Home Care Act as Intermediate Care Facilities for the |
| |||||||
| |||||||
1 | Developmentally Disabled or Long Term Care for Under Age 22 | ||||||
2 | facilities, the rates taking effect on July 1, 2008 shall | ||||||
3 | include an increase sufficient to provide a $0.50 per hour wage | ||||||
4 | increase for non-executive staff.
| ||||||
5 | For facilities licensed by the Department of Public Health | ||||||
6 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
7 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
8 | Age 22 facilities, the rates taking
effect on July 1, 1999 | ||||||
9 | shall include an increase of 1.6% plus $3.00 per
resident-day, | ||||||
10 | as defined by the Department. For facilities licensed by the
| ||||||
11 | Department of Public Health under the Nursing Home Care Act as | ||||||
12 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
13 | the rates taking effect on July 1,
1999 shall include an | ||||||
14 | increase of 1.6% and, for services provided on or after
October | ||||||
15 | 1, 1999, shall be increased by $4.00 per resident-day, as | ||||||
16 | defined by
the Department.
| ||||||
17 | For facilities licensed by the Department of Public Health | ||||||
18 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
19 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
20 | Age 22 facilities, the rates taking
effect on July 1, 2000 | ||||||
21 | shall include an increase of 2.5% per resident-day,
as defined | ||||||
22 | by the Department. For facilities licensed by the Department of
| ||||||
23 | Public Health under the Nursing Home Care Act as Skilled | ||||||
24 | Nursing facilities or
Intermediate Care facilities, the rates | ||||||
25 | taking effect on July 1, 2000 shall
include an increase of 2.5% | ||||||
26 | per resident-day, as defined by the Department.
|
| |||||||
| |||||||
1 | For facilities licensed by the Department of Public Health | ||||||
2 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
3 | or intermediate care
facilities, a new payment methodology must | ||||||
4 | be implemented for the nursing
component of the rate effective | ||||||
5 | July 1, 2003. The Department of Public Aid
(now Healthcare and | ||||||
6 | Family Services) shall develop the new payment methodology | ||||||
7 | using the Minimum Data Set
(MDS) as the instrument to collect | ||||||
8 | information concerning nursing home
resident condition | ||||||
9 | necessary to compute the rate. The Department
shall develop the | ||||||
10 | new payment methodology to meet the unique needs of
Illinois | ||||||
11 | nursing home residents while remaining subject to the | ||||||
12 | appropriations
provided by the General Assembly.
A transition | ||||||
13 | period from the payment methodology in effect on June 30, 2003
| ||||||
14 | to the payment methodology in effect on July 1, 2003 shall be | ||||||
15 | provided for a
period not exceeding 3 years and 184 days after | ||||||
16 | implementation of the new payment
methodology as follows:
| ||||||
17 | (A) For a facility that would receive a lower
nursing | ||||||
18 | component rate per patient day under the new system than | ||||||
19 | the facility
received
effective on the date immediately | ||||||
20 | preceding the date that the Department
implements the new | ||||||
21 | payment methodology, the nursing component rate per | ||||||
22 | patient
day for the facility
shall be held at
the level in | ||||||
23 | effect on the date immediately preceding the date that the
| ||||||
24 | Department implements the new payment methodology until a | ||||||
25 | higher nursing
component rate of
reimbursement is achieved | ||||||
26 | by that
facility.
|
| |||||||
| |||||||
1 | (B) For a facility that would receive a higher nursing | ||||||
2 | component rate per
patient day under the payment | ||||||
3 | methodology in effect on July 1, 2003 than the
facility | ||||||
4 | received effective on the date immediately preceding the | ||||||
5 | date that the
Department implements the new payment | ||||||
6 | methodology, the nursing component rate
per patient day for | ||||||
7 | the facility shall be adjusted.
| ||||||
8 | (C) Notwithstanding paragraphs (A) and (B), the | ||||||
9 | nursing component rate per
patient day for the facility | ||||||
10 | shall be adjusted subject to appropriations
provided by the | ||||||
11 | General Assembly.
| ||||||
12 | For facilities licensed by the Department of Public Health | ||||||
13 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
14 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
15 | Age 22 facilities, the rates taking
effect on March 1, 2001 | ||||||
16 | shall include a statewide increase of 7.85%, as
defined by the | ||||||
17 | Department.
| ||||||
18 | Notwithstanding any other provision of this Section, for | ||||||
19 | facilities licensed by the Department of Public Health under | ||||||
20 | the
Nursing Home Care Act as skilled nursing facilities or | ||||||
21 | intermediate care
facilities, the numerator of the ratio used | ||||||
22 | by the Department of Healthcare and Family Services to compute | ||||||
23 | the rate payable under this Section using the Minimum Data Set | ||||||
24 | (MDS) methodology shall incorporate the following annual | ||||||
25 | amounts as the additional funds appropriated to the Department | ||||||
26 | specifically to pay for rates based on the MDS nursing |
| |||||||
| |||||||
1 | component methodology in excess of the funding in effect on | ||||||
2 | December 31, 2006: | ||||||
3 | (i) For rates taking effect January 1, 2007, | ||||||
4 | $60,000,000. | ||||||
5 | (ii) For rates taking effect January 1, 2008, | ||||||
6 | $110,000,000. | ||||||
7 | (iii) For rates taking effect July 1, 2008, | ||||||
8 | $194,000,000. | ||||||
9 | Notwithstanding any other provision of this Section, for | ||||||
10 | facilities licensed by the Department of Public Health under | ||||||
11 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
12 | intermediate care facilities, the support component of the | ||||||
13 | rates taking effect on January 1, 2008 shall be computed using | ||||||
14 | the most recent cost reports on file with the Department of | ||||||
15 | Healthcare and Family Services no later than April 1, 2005, | ||||||
16 | updated for inflation to January 1, 2006. | ||||||
17 | For facilities licensed by the Department of Public Health | ||||||
18 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
19 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
20 | Age 22 facilities, the rates taking
effect on April 1, 2002 | ||||||
21 | shall include a statewide increase of 2.0%, as
defined by the | ||||||
22 | Department.
This increase terminates on July 1, 2002;
beginning | ||||||
23 | July 1, 2002 these rates are reduced to the level of the rates
| ||||||
24 | in effect on March 31, 2002, as defined by the Department.
| ||||||
25 | For facilities licensed by the Department of Public Health | ||||||
26 | under the
Nursing Home Care Act as skilled nursing facilities |
| |||||||
| |||||||
1 | or intermediate care
facilities, the rates taking effect on | ||||||
2 | July 1, 2001 shall be computed using the most recent cost | ||||||
3 | reports
on file with the Department of Public Aid no later than | ||||||
4 | April 1, 2000,
updated for inflation to January 1, 2001. For | ||||||
5 | rates effective July 1, 2001
only, rates shall be the greater | ||||||
6 | of the rate computed for July 1, 2001
or the rate effective on | ||||||
7 | June 30, 2001.
| ||||||
8 | Notwithstanding any other provision of this Section, for | ||||||
9 | facilities
licensed by the Department of Public Health under | ||||||
10 | the Nursing Home Care Act
as skilled nursing facilities or | ||||||
11 | intermediate care facilities, the Illinois
Department shall | ||||||
12 | determine by rule the rates taking effect on July 1, 2002,
| ||||||
13 | which shall be 5.9% less than the rates in effect on June 30, | ||||||
14 | 2002.
| ||||||
15 | Notwithstanding any other provision of this Section, for | ||||||
16 | facilities
licensed by the Department of Public Health under | ||||||
17 | the Nursing Home Care Act as
skilled nursing
facilities or | ||||||
18 | intermediate care facilities, if the payment methodologies | ||||||
19 | required under Section 5A-12 and the waiver granted under 42 | ||||||
20 | CFR 433.68 are approved by the United States Centers for | ||||||
21 | Medicare and Medicaid Services, the rates taking effect on July | ||||||
22 | 1, 2004 shall be 3.0% greater than the rates in effect on June | ||||||
23 | 30, 2004. These rates shall take
effect only upon approval and
| ||||||
24 | implementation of the payment methodologies required under | ||||||
25 | Section 5A-12.
| ||||||
26 | Notwithstanding any other provisions of this Section, for |
| |||||||
| |||||||
1 | facilities licensed by the Department of Public Health under | ||||||
2 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
3 | intermediate care facilities, the rates taking effect on | ||||||
4 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
5 | December 31, 2004.
| ||||||
6 | Notwithstanding any other provision of this Section, for | ||||||
7 | facilities licensed by the Department of Public Health under | ||||||
8 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
9 | intermediate care facilities, effective July 1, 2008, the per | ||||||
10 | diem support component of the rates effective on January 1, | ||||||
11 | 2008, computed using the most recent cost reports on file with | ||||||
12 | the Department of Healthcare and Family Services no later than | ||||||
13 | April 1, 2005, updated for inflation to January 1, 2006, shall | ||||||
14 | be increased to the amount that would have been derived using | ||||||
15 | standard Department of Healthcare and Family Services methods, | ||||||
16 | procedures, and inflators. | ||||||
17 | Notwithstanding any other provisions of this Section, for | ||||||
18 | facilities licensed by the Department of Public Health under | ||||||
19 | the Nursing Home Care Act as intermediate care facilities that | ||||||
20 | are federally defined as Institutions for Mental Disease, a | ||||||
21 | socio-development component rate equal to 6.6% of the | ||||||
22 | facility's nursing component rate as of January 1, 2006 shall | ||||||
23 | be established and paid effective July 1, 2006. The | ||||||
24 | socio-development component of the rate shall be increased by a | ||||||
25 | factor of 2.53 on the first day of the month that begins at | ||||||
26 | least 45 days after January 11, 2008 (the effective date of |
| |||||||
| |||||||
1 | Public Act 95-707). The socio-development component of the rate | ||||||
2 | shall be increased by a factor of 3.53 on July 1, 2008. the | ||||||
3 | effective date of this amendatory Act of the 95th General | ||||||
4 | Assembly. The Illinois Department may by rule adjust these | ||||||
5 | socio-development component rates, but in no case may such | ||||||
6 | rates be diminished.
| ||||||
7 | For facilities
licensed
by the
Department of Public Health | ||||||
8 | under the Nursing Home Care Act as Intermediate
Care for
the | ||||||
9 | Developmentally Disabled facilities or as long-term care | ||||||
10 | facilities for
residents under 22 years of age, the rates | ||||||
11 | taking effect on July 1,
2003 shall
include a statewide | ||||||
12 | increase of 4%, as defined by the Department.
| ||||||
13 | For facilities licensed by the Department of Public Health | ||||||
14 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
15 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
16 | Age 22 facilities, the rates taking
effect on the first day of | ||||||
17 | the month that begins at least 45 days after the effective date | ||||||
18 | of this amendatory Act of the 95th General Assembly shall | ||||||
19 | include a statewide increase of 2.5%, as
defined by the | ||||||
20 | Department. | ||||||
21 | Notwithstanding any other provision of this Section, for | ||||||
22 | facilities licensed by the Department of Public Health under | ||||||
23 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
24 | intermediate care facilities, effective January 1, 2005, | ||||||
25 | facility rates shall be increased by the difference between (i) | ||||||
26 | a facility's per diem property, liability, and malpractice |
| |||||||
| |||||||
1 | insurance costs as reported in the cost report filed with the | ||||||
2 | Department of Public Aid and used to establish rates effective | ||||||
3 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
4 | facility's 2002 cost report. These costs shall be passed | ||||||
5 | through to the facility without caps or limitations, except for | ||||||
6 | adjustments required under normal auditing procedures.
| ||||||
7 | Rates established effective each July 1 shall govern | ||||||
8 | payment
for services rendered throughout that fiscal year, | ||||||
9 | except that rates
established on July 1, 1996 shall be | ||||||
10 | increased by 6.8% for services
provided on or after January 1, | ||||||
11 | 1997. Such rates will be based
upon the rates calculated for | ||||||
12 | the year beginning July 1, 1990, and for
subsequent years | ||||||
13 | thereafter until June 30, 2001 shall be based on the
facility | ||||||
14 | cost reports
for the facility fiscal year ending at any point | ||||||
15 | in time during the previous
calendar year, updated to the | ||||||
16 | midpoint of the rate year. The cost report
shall be on file | ||||||
17 | with the Department no later than April 1 of the current
rate | ||||||
18 | year. Should the cost report not be on file by April 1, the | ||||||
19 | Department
shall base the rate on the latest cost report filed | ||||||
20 | by each skilled care
facility and intermediate care facility, | ||||||
21 | updated to the midpoint of the
current rate year. In | ||||||
22 | determining rates for services rendered on and after
July 1, | ||||||
23 | 1985, fixed time shall not be computed at less than zero. The
| ||||||
24 | Department shall not make any alterations of regulations which | ||||||
25 | would reduce
any component of the Medicaid rate to a level | ||||||
26 | below what that component would
have been utilizing in the rate |
| |||||||
| |||||||
1 | effective on July 1, 1984.
| ||||||
2 | (2) Shall take into account the actual costs incurred by | ||||||
3 | facilities
in providing services for recipients of skilled | ||||||
4 | nursing and intermediate
care services under the medical | ||||||
5 | assistance program.
| ||||||
6 | (3) Shall take into account the medical and psycho-social
| ||||||
7 | characteristics and needs of the patients.
| ||||||
8 | (4) Shall take into account the actual costs incurred by | ||||||
9 | facilities in
meeting licensing and certification standards | ||||||
10 | imposed and prescribed by the
State of Illinois, any of its | ||||||
11 | political subdivisions or municipalities and by
the U.S. | ||||||
12 | Department of Health and Human Services pursuant to Title XIX | ||||||
13 | of the
Social Security Act.
| ||||||
14 | The Department of Healthcare and Family Services
shall | ||||||
15 | develop precise standards for
payments to reimburse nursing | ||||||
16 | facilities for any utilization of
appropriate rehabilitative | ||||||
17 | personnel for the provision of rehabilitative
services which is | ||||||
18 | authorized by federal regulations, including
reimbursement for | ||||||
19 | services provided by qualified therapists or qualified
| ||||||
20 | assistants, and which is in accordance with accepted | ||||||
21 | professional
practices. Reimbursement also may be made for | ||||||
22 | utilization of other
supportive personnel under appropriate | ||||||
23 | supervision.
| ||||||
24 | (Source: P.A. 94-48, eff. 7-1-05; 94-85, eff. 6-28-05; 94-697, | ||||||
25 | eff. 11-21-05; 94-838, eff. 6-6-06; 94-964, eff. 6-28-06; | ||||||
26 | 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707, eff. |
| |||||||
| |||||||
1 | 1-11-08.)
| ||||||
2 | (305 ILCS 5/5-5.26 new) | ||||||
3 | Sec. 5-5.26. Multiple sclerosis; home services; waiver. | ||||||
4 | The Department of Healthcare and Family Services shall apply | ||||||
5 | for a waiver of federal law and regulations to the extent | ||||||
6 | necessary to claim federal financial participation for medical | ||||||
7 | assistance for services provided under the Department of Human | ||||||
8 | Services' Home Services Program for persons with multiple | ||||||
9 | sclerosis who are over 60 years of age and have retirement | ||||||
10 | assets or life insurance assets, or both, that do not exceed a | ||||||
11 | total of $500,000. | ||||||
12 | (305 ILCS 5/12-10.7)
| ||||||
13 | Sec. 12-10.7. The Health and Human Services Medicaid Trust | ||||||
14 | Fund. | ||||||
15 | (a) The Health and Human Services Medicaid Trust Fund shall | ||||||
16 | consist of (i) moneys appropriated or transferred into the | ||||||
17 | Fund, pursuant to statute, (ii) federal financial | ||||||
18 | participation moneys received pursuant to expenditures from | ||||||
19 | the Fund, and (iii) the interest earned on moneys in the Fund. | ||||||
20 | (b) Subject to appropriation, the moneys in the Fund shall | ||||||
21 | be used by a State agency for such purposes as that agency may, | ||||||
22 | by the appropriation language, be directed.
| ||||||
23 | (c) In addition to any other transfers that may be provided | ||||||
24 | for by law, on July 1, 2007, or as soon thereafter as |
| |||||||
| |||||||
1 | practical, the State Comptroller shall direct and the State | ||||||
2 | Treasurer shall transfer the sum of $3,500,000 from the Health | ||||||
3 | and Human Services Medicaid Trust Fund to the Human Services | ||||||
4 | Priority Capital Program Fund.
| ||||||
5 | (d) In addition to any other transfers that may be provided | ||||||
6 | for by law, on July 1, 2008, or as soon thereafter as | ||||||
7 | practical, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer the sum of $7,000,000 from the Health | ||||||
9 | and Human Services Medicaid Trust Fund to the Human Services | ||||||
10 | Priority Capital Program Fund. | ||||||
11 | (Source: P.A. 95-707, eff. 1-11-08.) | ||||||
12 | (305 ILCS 5/12-10.8)
| ||||||
13 | Sec. 12-10.8. Mental health contracts. Subject to | ||||||
14 | appropriations available for these purposes, including, | ||||||
15 | without limitation, the FY08 and FY09 appropriations to the | ||||||
16 | Department for federally defined Institutions for Mental | ||||||
17 | Disease, the Department of Healthcare and Family Services shall | ||||||
18 | enter into a contract for $1,000,000 with a the provider of | ||||||
19 | community mental health services that has more than 700 beds at | ||||||
20 | over 30 service locations in multiple counties for purposes of | ||||||
21 | supporting the implementation of time-limited resident review | ||||||
22 | and rapid reintegration targeted to residents of federally | ||||||
23 | defined Institutions for Mental Disease.
| ||||||
24 | (Source: P.A. 95-707, eff. 1-11-08.)
|
| |||||||
| |||||||
1 | Section 70. The Illinois Affordable Housing Act is amended | ||||||
2 | by changing Section 8 as follows:
| ||||||
3 | (310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
| ||||||
4 | Sec. 8. Uses of Trust Fund.
| ||||||
5 | (a) Subject to annual appropriation to
the Funding Agent | ||||||
6 | and subject to the prior dedication, allocation, transfer
and | ||||||
7 | use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and | ||||||
8 | 9 of this
Act, the Trust Fund may be used to make grants,
| ||||||
9 | mortgages, or
other loans to acquire, construct, rehabilitate, | ||||||
10 | develop, operate, insure,
and retain affordable single-family | ||||||
11 | and multi-family housing in this State
for low-income
and very | ||||||
12 | low-income households. The majority of monies appropriated to | ||||||
13 | the
Trust Fund in any given year are to be used for affordable | ||||||
14 | housing for very
low-income households. For the fiscal years | ||||||
15 | 2007 , and 2008 , and 2009
only, the Department of Human Services | ||||||
16 | is authorized to receive appropriations and spend moneys from | ||||||
17 | the Illinois Affordable Housing Trust Fund for the purpose of | ||||||
18 | developing and coordinating public and private resources | ||||||
19 | targeted to meet the affordable housing needs of low-income, | ||||||
20 | very low-income, and special needs households in the State of | ||||||
21 | Illinois.
| ||||||
22 | (b) For each fiscal year commencing with fiscal year 1994, | ||||||
23 | the Program
Administrator shall certify from time to time to | ||||||
24 | the Funding Agent, the
Comptroller and the State
Treasurer | ||||||
25 | amounts, up to an aggregate in any fiscal year of $10,000,000, |
| |||||||
| |||||||
1 | of
Trust Fund Moneys expected to be used or pledged by the | ||||||
2 | Program Administrator
during the fiscal year for the purposes | ||||||
3 | and uses specified in Sections 8(c) and
9 of this Act. Subject | ||||||
4 | to annual appropriation, upon receipt of such
certification, | ||||||
5 | the Funding Agent and the
Comptroller shall dedicate and the | ||||||
6 | State Treasurer shall transfer not less
often than monthly to | ||||||
7 | the Program Administrator or its designated payee,
without | ||||||
8 | requisition or further
request therefor, all amounts | ||||||
9 | accumulated in the Trust Fund within the State
Treasury and not | ||||||
10 | already transferred to the Loan Commitment Account prior to
the | ||||||
11 | Funding Agent's receipt of such certification, until the | ||||||
12 | Program
Administrator has received the aggregate amount | ||||||
13 | certified by the Program
Administrator, to be used solely for | ||||||
14 | the purposes and uses authorized and
provided in Sections 8(c) | ||||||
15 | and 9 of this Act. Neither the Comptroller nor the
Treasurer | ||||||
16 | shall transfer, dedicate or allocate any of the Trust Fund | ||||||
17 | Moneys
transferred or certified for transfer by the Program | ||||||
18 | Administrator as provided
above to any other fund, nor shall | ||||||
19 | the Governor authorize any such transfer,
dedication or | ||||||
20 | allocation, nor shall any of the Trust Fund Moneys so | ||||||
21 | dedicated,
allocated or transferred be used, temporarily or | ||||||
22 | otherwise, for interfund
borrowing, or be otherwise used or | ||||||
23 | appropriated, except as expressly authorized
and provided in | ||||||
24 | Sections 8(c) and 9 of this Act for the purposes and subject to
| ||||||
25 | the priorities, limitations and conditions provided for | ||||||
26 | therein until such
obligations, uses and dedications as therein |
| |||||||
| |||||||
1 | provided, have been satisfied.
| ||||||
2 | (c) Notwithstanding Section 5(b) of this Act, any Trust | ||||||
3 | Fund Moneys
transferred to the Program Administrator pursuant | ||||||
4 | to Section 8(b) of this Act,
or otherwise obtained, paid to or | ||||||
5 | held by or for the Program Administrator, or
pledged pursuant | ||||||
6 | to resolution of the Program Administrator, for Affordable
| ||||||
7 | Housing Program Trust Fund Bonds or Notes under the Illinois | ||||||
8 | Housing
Development Act, and all proceeds, payments and | ||||||
9 | receipts from investments or
use of such moneys, including any | ||||||
10 | residual or additional funds or moneys
generated or obtained in | ||||||
11 | connection with any of the foregoing, may be held,
pledged, | ||||||
12 | applied or dedicated by the Program Administrator as follows:
| ||||||
13 | (1) as required by the terms of any pledge of or | ||||||
14 | resolution of the Program
Administrator authorized under | ||||||
15 | Section 9 of this Act in connection with
Affordable Housing | ||||||
16 | Program Trust Fund Bonds or Notes issued pursuant to the
| ||||||
17 | Illinois Housing Development Act;
| ||||||
18 | (2) to or for costs of issuance and administration
and | ||||||
19 | the payments of any principal, interest, premium or other | ||||||
20 | amounts or
expenses incurred or accrued in connection with | ||||||
21 | Affordable Housing Program
Trust Fund Bonds or Notes, | ||||||
22 | including rate protection contracts and credit
support | ||||||
23 | arrangements pertaining thereto, and, provided such | ||||||
24 | expenses, fees and
charges are obligations, whether | ||||||
25 | recourse or nonrecourse, and whether financed
with or paid | ||||||
26 | from the proceeds of Affordable Housing Program Trust Fund |
| |||||||
| |||||||
1 | Bonds
or Notes, of the developers, mortgagors or other | ||||||
2 | users, the Program
Administrator's expenses and servicing, | ||||||
3 | administration and origination fees and
charges in | ||||||
4 | connection with any loans, mortgages, or developments | ||||||
5 | funded or
financed or expected to be funded or financed, in | ||||||
6 | whole or in part, from the
issuance of Affordable Housing | ||||||
7 | Program Trust Fund Bonds or Notes;
| ||||||
8 | (3) to or for costs of issuance and administration and | ||||||
9 | the payments of
principal, interest, premium, loan fees, | ||||||
10 | and other amounts or other obligations
of the Program | ||||||
11 | Administrator, including rate protection contracts and | ||||||
12 | credit
support arrangements pertaining thereto, for loans, | ||||||
13 | commercial paper or other
notes or bonds issued by the | ||||||
14 | Program Administrator pursuant to the Illinois
Housing | ||||||
15 | Development Act, provided that the proceeds of such loans, | ||||||
16 | commercial
paper or other notes or bonds are paid or | ||||||
17 | expended in connection with, or
refund or repay, loans, | ||||||
18 | commercial paper or other notes or bonds issued or made
in | ||||||
19 | connection with bridge loans or loans for the construction, | ||||||
20 | renovation,
redevelopment, restructuring, reorganization | ||||||
21 | of Affordable Housing and related
expenses, including | ||||||
22 | development costs, technical assistance, or other amounts
| ||||||
23 | to construct, preserve, improve, renovate, rehabilitate, | ||||||
24 | refinance, or assist
Affordable Housing, including | ||||||
25 | financially troubled Affordable Housing,
permanent or | ||||||
26 | other financing for which has been funded or financed or is
|
| |||||||
| |||||||
1 | expected to be funded or financed in whole or in part by | ||||||
2 | the Program
Administrator through the issuance of or use of | ||||||
3 | proceeds from Affordable
Housing Program Trust Fund Bonds | ||||||
4 | or Notes;
| ||||||
5 | (4) to or for direct expenditures or reimbursement for | ||||||
6 | development costs,
technical assistance, or other amounts | ||||||
7 | to construct, preserve, improve,
renovate, rehabilitate, | ||||||
8 | refinance, or assist Affordable Housing, including
| ||||||
9 | financially troubled Affordable Housing, permanent or | ||||||
10 | other financing for which
has been funded or financed or is | ||||||
11 | expected to be funded or financed in whole or
in part by | ||||||
12 | the Program Administrator through the issuance of or use of | ||||||
13 | proceeds
from Affordable Housing Program Trust Fund Bonds | ||||||
14 | or Notes; and
| ||||||
15 | (5) for deposit into any residual, sinking, reserve or | ||||||
16 | revolving fund or
pool established by the Program | ||||||
17 | Administrator, whether or not pledged to secure
Affordable | ||||||
18 | Housing Program Trust Fund Bonds or Notes, to support or be
| ||||||
19 | utilized for the
issuance, redemption, or payment of the | ||||||
20 | principal, interest, premium or other
amounts payable on or | ||||||
21 | with respect to any existing, additional or future
| ||||||
22 | Affordable Housing Program Trust Fund Bonds or Notes, or to | ||||||
23 | or for any other
expenditure authorized by this Section | ||||||
24 | 8(c).
| ||||||
25 | (d) All or a portion of the Trust Fund Moneys on
deposit or | ||||||
26 | to be
deposited in
the Trust Fund not already certified for |
| |||||||
| |||||||
1 | transfer or transferred to the
Program Administrator pursuant | ||||||
2 | to Section 8(b) of this Act may be used to
secure the repayment | ||||||
3 | of Affordable Housing Program Trust Fund Bonds or
Notes, or | ||||||
4 | otherwise to supplement or support Affordable Housing funded or
| ||||||
5 | financed
or
intended to be funded or financed, in whole or in | ||||||
6 | part, by Affordable Housing
Program Trust Fund Bonds or Notes.
| ||||||
7 | (e) Assisted housing may include housing for special needs
| ||||||
8 | populations
such as the homeless, single-parent families, the | ||||||
9 | elderly, or the
physically and mentally disabled. The Trust | ||||||
10 | Fund shall be used to
implement a demonstration congregate | ||||||
11 | housing project for any such special
needs population.
| ||||||
12 | (f) Grants from the Trust Fund may include, but are not | ||||||
13 | limited
to,
rental assistance and security deposit subsidies | ||||||
14 | for low and very low-income
households.
| ||||||
15 | (g) The Trust Fund may be used to pay actual and reasonable
| ||||||
16 | costs for
Commission members to attend Commission meetings, and | ||||||
17 | any litigation costs
and expenses, including legal fees, | ||||||
18 | incurred by the Program Administrator
in any litigation related | ||||||
19 | to this Act or its action as Program
Administrator.
| ||||||
20 | (h) The Trust Fund may be used to make grants for (1) the
| ||||||
21 | provision of
technical assistance, (2) outreach, and (3) | ||||||
22 | building an organization's
capacity to develop affordable | ||||||
23 | housing projects.
| ||||||
24 | (i) Amounts on deposit in the Trust Fund may be used to | ||||||
25 | reimburse the
Program
Administrator and the Funding Agent for | ||||||
26 | costs incurred in the performance of
their duties under this |
| |||||||
| |||||||
1 | Act, excluding costs and fees of the Program
Administrator | ||||||
2 | associated with the Program Escrow to the extent withheld
| ||||||
3 | pursuant to paragraph (8) of subsection (b) of Section 5.
| ||||||
4 | (Source: P.A. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08.)
| ||||||
5 | Section 999. Effective date. This Act takes effect July 1, | ||||||
6 | 2008.".
|