SB0220 EnrolledLRB098 04693 OMW 34721 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. SHORT TITLE; PURPOSE

 
5    Section 1-1. Short title. This Act may be cited as the
6FY2015 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9Governor's Fiscal Year 2015 budget recommendations.
 
10
ARTICLE 20. AMENDATORY PROVISIONS

 
11    Section 20-5. The I-FLY Act is amended by changing Section
1225 as follows:
 
13    (20 ILCS 3958/25)
14    Sec. 25. I-FLY Program.
15    (a) The Department shall establish the I-FLY Program, in
16cooperation with the Commission. The Program shall consist of
17the following components:
18        (1) air carrier recruitment and retention grants as
19    described in subsection (c); and

 

 

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1        (2) planning grants under subsection (d).
2    The Department may make grants under this Act only to
3airports that are located completely outside of Cook County.
4    (b) During any one-year period, an airport may receive a
5grant for only one of the 2 components specified in subsection
6(a).
7    (c) Air carrier recruitment and retention program grants.
8        (1) An airport may receive an air carrier recruitment
9    and retention program grant from the Department only if:
10            (A) it is capable of supporting takeoffs and
11        landings by aircraft that have at least 19 passenger
12        seats or have made improvements or commitments to the
13        Department to provide this capability; and
14            (B) it has a commitment from an air carrier to
15        start or continue air service to the community that the
16        airport serves subject to financial support from the
17        State and from the airport or unit of local government
18        that the airport serves. The commitment must specify
19        that the air carrier would not provide or continue to
20        provide service to the community if financial
21        assistance were not available.
22        (2) An application for an air carrier recruitment and
23    retention program grant must contain commitments from the
24    airport or the unit of local government in which the
25    airport is located as to the amount of the total project
26    cost, the contribution from the unit of local government or

 

 

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1    airport, the method in which the contribution from the
2    airport or unit of local government will be generated, and
3    the requested State contribution.
4        (3) The air carrier recruitment and retention program
5    grant shall be used to guarantee the financial viability of
6    air carriers providing reasonable air service at the
7    airport. A grant under this subsection (c) to a particular
8    airport may be in only one of the following 3 forms:
9            (A) A grant may be used to guarantee that an air
10        carrier shall receive an agreed amount of revenue per
11        flight.
12            (B) A grant may be used to guarantee a reduced or
13        subsidized consumer ticket price.
14            (C) A grant may be used to guarantee a profit goal
15        established by the air carrier and airport.
16        (4) During the first year of a grant under this
17    subsection (c), the grant shall pay 80% of the total cost
18    of the guarantee and the airport or unit of local
19    government in which the airport is located shall pay 20% of
20    the total cost of the guarantee. During the second year of
21    a grant under this subsection (c), the grant shall pay 80%
22    of the total cost of the guarantee and the airport or the
23    unit of local government in which the airport is located
24    shall pay 20% of the total cost of the guarantee. During
25    the third year of a grant under this subsection (c), the
26    grant shall pay 80% of the total cost of the guarantee and

 

 

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1    the airport or the unit of local government in which the
2    airport is located shall pay 20% of the total cost of the
3    guarantee.
4        (5) The total State funding for a grant under this
5    subsection (c) to a particular airport may not exceed
6    $1,500,000 $1,000,000 in any year.
7        (6) An airport that has received a 3-year 2-year grant
8    under this subsection (c) may apply for another grant for
9    an additional 3-year 2-year period; however, the
10    Department shall, in determining whether to make a grant
11    for an additional 3-year 2-year period, give priority to
12    other airports that have not previously received a grant
13    under this subsection (c). The Department shall also give
14    priority in making grants under this subsection (c) to
15    airports at which the Department determines that a 3-year
16    2-year grant may result in the creation of stable and
17    reliable commercial air service without an additional
18    grant.
19    (d) Planning grants. An airport may apply for and receive a
20planning grant to conduct feasibility studies or business plans
21designed to study the recruitment, retention, or expansion of
22an air carrier at the airport. To be eligible for a grant under
23this subsection (d), the airport must have the potential for
24initial or expanded air service as the Department determines
25through its evaluation process. The grant shall pay 70% of the
26total cost of the feasibility studies or business plans and the

 

 

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1airport or the unit of local government in which the airport is
2located shall pay 30% of the total cost of the feasibility
3studies or business plans. An airport may receive only one
4planning grant.
5(Source: P.A. 94-839, eff. 6-6-06; 95-744, eff. 7-18-08.)
 
6    Section 20-10. The State Finance Act is amended by changing
7Sections 6z-63, 6z-64, 6z-70, 8.3, 8g-1, and 13.2 and by adding
8Sections 5.855 and 6z-100 as follows:
 
9    (30 ILCS 105/5.855 new)
10    Sec. 5.855. The Capital Development Board Revolving Fund.
11This Section is repealed July 1, 2016.
 
12    (30 ILCS 105/6z-63)
13    Sec. 6z-63. The Professional Services Fund.
14    (a) The Professional Services Fund is created as a
15revolving fund in the State treasury. The following moneys
16shall be deposited into the Fund:
17        (1) amounts authorized for transfer to the Fund from
18    the General Revenue Fund and other State funds (except for
19    funds classified by the Comptroller as federal trust funds
20    or State trust funds) pursuant to State law or Executive
21    Order;
22        (2) federal funds received by the Department of Central
23    Management Services (the "Department") as a result of

 

 

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1    expenditures from the Fund;
2        (3) interest earned on moneys in the Fund; and
3        (4) receipts or inter-fund transfers resulting from
4    billings issued by the Department to State agencies for the
5    cost of professional services rendered by the Department
6    that are not compensated through the specific fund
7    transfers authorized by this Section.
8    (b) Moneys in the Fund may be used by the Department for
9reimbursement or payment for:
10        (1) providing professional services to State agencies
11    or other State entities;
12        (2) rendering other services to State agencies at the
13    Governor's direction or to other State entities upon
14    agreement between the Director of Central Management
15    Services and the appropriate official or governing body of
16    the other State entity; or
17        (3) providing for payment of administrative and other
18    expenses incurred by the Department in providing
19    professional services.
20    (c) State agencies or other State entities may direct the
21Comptroller to process inter-fund transfers or make payment
22through the voucher and warrant process to the Professional
23Services Fund in satisfaction of billings issued under
24subsection (a) of this Section.
25    (d) Reconciliation. For the fiscal year beginning on July
261, 2004 only, the Director of Central Management Services (the

 

 

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1"Director") shall order that each State agency's payments and
2transfers made to the Fund be reconciled with actual Fund costs
3for professional services provided by the Department on no less
4than an annual basis. The Director may require reports from
5State agencies as deemed necessary to perform this
6reconciliation.
7    (e) The following amounts are authorized for transfer into
8the Professional Services Fund for the fiscal year beginning
9July 1, 2004:
10    General Revenue Fund...........................$5,440,431
11    Road Fund........................................$814,468
12    Motor Fuel Tax Fund..............................$263,500
13    Child Support Administrative Fund................$234,013
14    Professions Indirect Cost Fund...................$276,800
15    Capital Development Board Revolving Fund.........$207,610
16    Bank & Trust Company Fund........................$200,214
17    State Lottery Fund...............................$193,691
18    Insurance Producer Administration Fund...........$174,672
19    Insurance Financial Regulation Fund..............$168,327
20    Illinois Clean Water Fund........................$124,675
21    Clean Air Act (CAA) Permit Fund...................$91,803
22    Statistical Services Revolving Fund...............$90,959
23    Financial Institution Fund.......................$109,428
24    Horse Racing Fund.................................$71,127
25    Health Insurance Reserve Fund.....................$66,577
26    Solid Waste Management Fund.......................$61,081

 

 

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1    Guardianship and Advocacy Fund.....................$1,068
2    Agricultural Premium Fund............................$493
3    Wildlife and Fish Fund...............................$247
4    Radiation Protection Fund.........................$33,277
5    Nuclear Safety Emergency Preparedness Fund........$25,652
6    Tourism Promotion Fund............................$6,814
7    All of these transfers shall be made on July 1, 2004, or as
8soon thereafter as practical. These transfers shall be made
9notwithstanding any other provision of State law to the
10contrary.
11    (e-5) Notwithstanding any other provision of State law to
12the contrary, on or after July 1, 2005 and through June 30,
132006, in addition to any other transfers that may be provided
14for by law, at the direction of and upon notification from the
15Director of Central Management Services, the State Comptroller
16shall direct and the State Treasurer shall transfer amounts
17into the Professional Services Fund from the designated funds
18not exceeding the following totals:
19    Food and Drug Safety Fund..........................$3,249
20    Financial Institution Fund........................$12,942
21    General Professions Dedicated Fund.................$8,579
22    Illinois Department of Agriculture
23        Laboratory Services Revolving Fund...........$1,963
24    Illinois Veterans' Rehabilitation Fund............$11,275
25    State Boating Act Fund............................$27,000
26    State Parks Fund..................................$22,007

 

 

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1    Agricultural Premium Fund.........................$59,483
2    Fire Prevention Fund..............................$29,862
3    Mental Health Fund................................$78,213
4    Illinois State Pharmacy Disciplinary Fund..........$2,744
5    Radiation Protection Fund.........................$16,034
6    Solid Waste Management Fund.......................$37,669
7    Illinois Gaming Law Enforcement Fund...............$7,260
8    Subtitle D Management Fund.........................$4,659
9    Illinois State Medical Disciplinary Fund...........$8,602
10    Department of Children and
11        Family Services Training Fund.................$29,906
12    Facility Licensing Fund............................$1,083
13    Youth Alcoholism and Substance
14        Abuse Prevention Fund..........................$2,783
15    Plugging and Restoration Fund......................$1,105
16    State Crime Laboratory Fund........................$1,353
17    Motor Vehicle Theft Prevention Trust Fund..........$9,190
18    Weights and Measures Fund..........................$4,932
19    Solid Waste Management Revolving
20        Loan Fund......................................$2,735
21    Illinois School Asbestos Abatement Fund............$2,166
22    Violence Prevention Fund...........................$5,176
23    Capital Development Board Revolving Fund..........$14,777
24    DCFS Children's Services Fund..................$1,256,594
25    State Police DUI Fund..............................$1,434
26    Illinois Health Facilities Planning Fund...........$3,191

 

 

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1    Emergency Public Health Fund.......................$7,996
2    Fair and Exposition Fund...........................$3,732
3    Nursing Dedicated and Professional Fund............$5,792
4    Optometric Licensing and Disciplinary Board Fund...$1,032
5    Underground Resources Conservation Enforcement Fund.$1,221
6    State Rail Freight Loan Repayment Fund.............$6,434
7    Drunk and Drugged Driving Prevention Fund..........$5,473
8    Illinois Affordable Housing Trust Fund...........$118,222
9    Community Water Supply Laboratory Fund............$10,021
10    Used Tire Management Fund.........................$17,524
11    Natural Areas Acquisition Fund....................$15,501
12    Open Space Lands Acquisition
13        and Development Fund..........................$49,105
14    Working Capital Revolving Fund...................$126,344
15    State Garage Revolving Fund.......................$92,513
16    Statistical Services Revolving Fund..............$181,949
17    Paper and Printing Revolving Fund..................$3,632
18    Air Transportation Revolving Fund..................$1,969
19    Communications Revolving Fund....................$304,278
20    Environmental Laboratory Certification Fund........$1,357
21    Public Health Laboratory Services Revolving Fund...$5,892
22    Provider Inquiry Trust Fund........................$1,742
23    Lead Poisoning Screening,
24        Prevention, and Abatement Fund.................$8,200
25    Drug Treatment Fund...............................$14,028
26    Feed Control Fund..................................$2,472

 

 

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1    Plumbing Licensure and Program Fund................$3,521
2    Insurance Premium Tax Refund Fund..................$7,872
3    Tax Compliance and Administration Fund.............$5,416
4    Appraisal Administration Fund......................$2,924
5    Trauma Center Fund................................$40,139
6    Alternate Fuels Fund...............................$1,467
7    Illinois State Fair Fund..........................$13,844
8    State Asset Forfeiture Fund........................$8,210
9    Federal Asset Forfeiture Fund......................$6,471
10    Department of Corrections Reimbursement
11        and Education Fund............................$78,965
12    Health Facility Plan Review Fund...................$3,444
13    LEADS Maintenance Fund.............................$6,075
14    State Offender DNA Identification
15        System Fund....................................$1,712
16    Illinois Historic Sites Fund.......................$4,511
17    Public Pension Regulation Fund.....................$2,313
18    Workforce, Technology, and Economic
19        Development Fund...............................$5,357
20    Renewable Energy Resources Trust Fund.............$29,920
21    Energy Efficiency Trust Fund.......................$8,368
22    Pesticide Control Fund.............................$6,687
23    Conservation 2000 Fund............................$30,764
24    Wireless Carrier Reimbursement Fund...............$91,024
25    International Tourism Fund........................$13,057
26    Public Transportation Fund.......................$701,837

 

 

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1    Horse Racing Fund.................................$18,589
2    Death Certificate Surcharge Fund...................$1,901
3    State Police Wireless Service
4        Emergency Fund.................................$1,012
5    Downstate Public Transportation Fund.............$112,085
6    Motor Carrier Safety Inspection Fund...............$6,543
7    State Police Whistleblower Reward
8        and Protection Fund............................$1,894
9    Illinois Standardbred Breeders Fund................$4,412
10    Illinois Thoroughbred Breeders Fund................$6,635
11    Illinois Clean Water Fund.........................$17,579
12    Independent Academic Medical Center Fund...........$5,611
13    Child Support Administrative Fund................$432,527
14    Corporate Headquarters Relocation
15        Assistance Fund................................$4,047
16    Local Initiative Fund.............................$58,762
17    Tourism Promotion Fund............................$88,072
18    Digital Divide Elimination Fund...................$11,593
19    Presidential Library and Museum Operating Fund.....$4,624
20    Metro-East Public Transportation Fund.............$47,787
21    Medical Special Purposes Trust Fund...............$11,779
22    Dram Shop Fund....................................$11,317
23    Illinois State Dental Disciplinary Fund............$1,986
24    Hazardous Waste Research Fund......................$1,333
25    Real Estate License Administration Fund...........$10,886
26    Traffic and Criminal Conviction

 

 

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1        Surcharge Fund................................$44,798
2    Criminal Justice Information
3        Systems Trust Fund.............................$5,693
4    Design Professionals Administration
5        and Investigation Fund.........................$2,036
6    State Surplus Property Revolving Fund..............$6,829
7    Illinois Forestry Development Fund.................$7,012
8    State Police Services Fund........................$47,072
9    Youth Drug Abuse Prevention Fund...................$1,299
10    Metabolic Screening and Treatment Fund............$15,947
11    Insurance Producer Administration Fund............$30,870
12    Coal Technology Development Assistance Fund.......$43,692
13    Rail Freight Loan Repayment Fund...................$1,016
14    Low-Level Radioactive Waste
15        Facility Development and Operation Fund......$1,989
16    Environmental Protection Permit and Inspection Fund.$32,125
17    Park and Conservation Fund........................$41,038
18    Local Tourism Fund................................$34,492
19    Illinois Capital Revolving Loan Fund..............$10,624
20    Illinois Equity Fund...............................$1,929
21    Large Business Attraction Fund.....................$5,554
22    Illinois Beach Marina Fund.........................$5,053
23    International and Promotional Fund.................$1,466
24    Public Infrastructure Construction
25        Loan Revolving Fund............................$3,111
26    Insurance Financial Regulation Fund...............$42,575

 

 

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1    Total                                         $4,975,487
2    (e-7) Notwithstanding any other provision of State law to
3the contrary, on or after July 1, 2006 and through June 30,
42007, in addition to any other transfers that may be provided
5for by law, at the direction of and upon notification from the
6Director of Central Management Services, the State Comptroller
7shall direct and the State Treasurer shall transfer amounts
8into the Professional Services Fund from the designated funds
9not exceeding the following totals:
10    Food and Drug Safety Fund..........................$3,300
11    Financial Institution Fund........................$13,000
12    General Professions Dedicated Fund.................$8,600
13    Illinois Department of Agriculture
14        Laboratory Services Revolving Fund.............$2,000
15    Illinois Veterans' Rehabilitation Fund............$11,300
16    State Boating Act Fund............................$27,200
17    State Parks Fund..................................$22,100
18    Agricultural Premium Fund.........................$59,800
19    Fire Prevention Fund..............................$30,000
20    Mental Health Fund................................$78,700
21    Illinois State Pharmacy Disciplinary Fund..........$2,800
22    Radiation Protection Fund.........................$16,100
23    Solid Waste Management Fund.......................$37,900
24    Illinois Gaming Law Enforcement Fund...............$7,300
25    Subtitle D Management Fund.........................$4,700
26    Illinois State Medical Disciplinary Fund...........$8,700

 

 

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1    Facility Licensing Fund............................$1,100
2    Youth Alcoholism and
3        Substance Abuse Prevention Fund................$2,800
4    Plugging and Restoration Fund......................$1,100
5    State Crime Laboratory Fund........................$1,400
6    Motor Vehicle Theft Prevention Trust Fund..........$9,200
7    Weights and Measures Fund..........................$5,000
8    Illinois School Asbestos Abatement Fund............$2,200
9    Violence Prevention Fund...........................$5,200
10    Capital Development Board Revolving Fund..........$14,900
11    DCFS Children's Services Fund..................$1,294,000
12    State Police DUI Fund..............................$1,400
13    Illinois Health Facilities Planning Fund...........$3,200
14    Emergency Public Health Fund.......................$8,000
15    Fair and Exposition Fund...........................$3,800
16    Nursing Dedicated and Professional Fund............$5,800
17    Optometric Licensing and Disciplinary Board Fund...$1,000
18    Underground Resources Conservation
19        Enforcement Fund...............................$1,200
20    State Rail Freight Loan Repayment Fund.............$6,500
21    Drunk and Drugged Driving Prevention Fund..........$5,500
22    Illinois Affordable Housing Trust Fund...........$118,900
23    Community Water Supply Laboratory Fund............$10,100
24    Used Tire Management Fund.........................$17,600
25    Natural Areas Acquisition Fund....................$15,600
26    Open Space Lands Acquisition

 

 

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1        and Development Fund..........................$49,400
2    Working Capital Revolving Fund...................$127,100
3    State Garage Revolving Fund.......................$93,100
4    Statistical Services Revolving Fund..............$183,000
5    Paper and Printing Revolving Fund..................$3,700
6    Air Transportation Revolving Fund..................$2,000
7    Communications Revolving Fund....................$306,100
8    Environmental Laboratory Certification Fund........$1,400
9    Public Health Laboratory Services
10        Revolving Fund.................................$5,900
11    Provider Inquiry Trust Fund........................$1,800
12    Lead Poisoning Screening, Prevention,
13        and Abatement Fund.............................$8,200
14    Drug Treatment Fund...............................$14,100
15    Feed Control Fund..................................$2,500
16    Plumbing Licensure and Program Fund................$3,500
17    Insurance Premium Tax Refund Fund..................$7,900
18    Tax Compliance and Administration Fund.............$5,400
19    Appraisal Administration Fund......................$2,900
20    Trauma Center Fund................................$40,400
21    Alternate Fuels Fund..............................$1,500
22    Illinois State Fair Fund..........................$13,900
23    State Asset Forfeiture Fund........................$8,300
24    Department of Corrections
25        Reimbursement and Education Fund..............$79,400
26    Health Facility Plan Review Fund...................$3,500

 

 

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1    LEADS Maintenance Fund.............................$6,100
2    State Offender DNA Identification System Fund......$1,700
3    Illinois Historic Sites Fund.......................$4,500
4    Public Pension Regulation Fund.....................$2,300
5    Workforce, Technology, and Economic
6        Development Fund...............................$5,400
7    Renewable Energy Resources Trust Fund.............$30,100
8    Energy Efficiency Trust Fund.......................$8,400
9    Pesticide Control Fund.............................$6,700
10    Conservation 2000 Fund............................$30,900
11    Wireless Carrier Reimbursement Fund...............$91,600
12    International Tourism Fund........................$13,100
13    Public Transportation Fund.......................$705,900
14    Horse Racing Fund.................................$18,700
15    Death Certificate Surcharge Fund...................$1,900
16    State Police Wireless Service Emergency Fund.......$1,000
17    Downstate Public Transportation Fund.............$112,700
18    Motor Carrier Safety Inspection Fund...............$6,600
19    State Police Whistleblower
20        Reward and Protection Fund.....................$1,900
21    Illinois Standardbred Breeders Fund................$4,400
22    Illinois Thoroughbred Breeders Fund................$6,700
23    Illinois Clean Water Fund.........................$17,700
24    Child Support Administrative Fund................$435,100
25    Tourism Promotion Fund............................$88,600
26    Digital Divide Elimination Fund...................$11,700

 

 

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1    Presidential Library and Museum Operating Fund.....$4,700
2    Metro-East Public Transportation Fund.............$48,100
3    Medical Special Purposes Trust Fund...............$11,800
4    Dram Shop Fund....................................$11,400
5    Illinois State Dental Disciplinary Fund............$2,000
6    Hazardous Waste Research Fund......................$1,300
7    Real Estate License Administration Fund...........$10,900
8    Traffic and Criminal Conviction Surcharge Fund....$45,100
9    Criminal Justice Information Systems Trust Fund....$5,700
10    Design Professionals Administration
11        and Investigation Fund.........................$2,000
12    State Surplus Property Revolving Fund..............$6,900
13    State Police Services Fund........................$47,300
14    Youth Drug Abuse Prevention Fund...................$1,300
15    Metabolic Screening and Treatment Fund............$16,000
16    Insurance Producer Administration Fund............$31,100
17    Coal Technology Development Assistance Fund.......$43,900
18    Low-Level Radioactive Waste Facility
19        Development and Operation Fund.................$2,000
20    Environmental Protection Permit
21        and Inspection Fund...........................$32,300
22    Park and Conservation Fund........................$41,300
23    Local Tourism Fund................................$34,700
24    Illinois Capital Revolving Loan Fund..............$10,700
25    Illinois Equity Fund...............................$1,900
26    Large Business Attraction Fund.....................$5,600

 

 

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1    Illinois Beach Marina Fund.........................$5,100
2    International and Promotional Fund.................$1,500
3    Public Infrastructure Construction
4        Loan Revolving Fund............................$3,100
5    Insurance Financial Regulation Fund..............$42,800
6    Total                                         $4,918,200
7    (e-10) Notwithstanding any other provision of State law to
8the contrary and in addition to any other transfers that may be
9provided for by law, on the first day of each calendar quarter
10of the fiscal year beginning July 1, 2005, or as soon as may be
11practical thereafter, the State Comptroller shall direct and
12the State Treasurer shall transfer from each designated fund
13into the Professional Services Fund amounts equal to one-fourth
14of each of the following totals:
15    General Revenue Fund...........................$4,440,000
16    Road Fund......................................$5,324,411
17    Total                                         $9,764,411
18    (e-15) Notwithstanding any other provision of State law to
19the contrary and in addition to any other transfers that may be
20provided for by law, the State Comptroller shall direct and the
21State Treasurer shall transfer from the funds specified into
22the Professional Services Fund according to the schedule
23specified herein as follows:
24    General Revenue Fund..........................$4,466,000
25    Road Fund.....................................$5,355,500
26    Total                                         $9,821,500

 

 

SB0220 Enrolled- 20 -LRB098 04693 OMW 34721 b

1    One-fourth of the specified amount shall be transferred on
2each of July 1 and October 1, 2006, or as soon as may be
3practical thereafter, and one-half of the specified amount
4shall be transferred on January 1, 2007, or as soon as may be
5practical thereafter.
6    (e-20) Notwithstanding any other provision of State law to
7the contrary, on or after July 1, 2010 and through June 30,
82011, in addition to any other transfers that may be provided
9for by law, at the direction of and upon notification from the
10Director of Central Management Services, the State Comptroller
11shall direct and the State Treasurer shall transfer amounts
12into the Professional Services Fund from the designated funds
13not exceeding the following totals:
14    Grade Crossing Protection Fund...................$55,300
15    Financial Institution Fund.......................$10,000
16    General Professions Dedicated Fund...............$11,600
17    Illinois Veterans' Rehabilitation Fund...........$10,800
18    State Boating Act Fund...........................$23,500
19    State Parks Fund.................................$21,200
20    Agricultural Premium Fund........................$55,400
21    Fire Prevention Fund.............................$46,100
22    Mental Health Fund...............................$45,200
23    Illinois State Pharmacy Disciplinary Fund...........$300
24    Radiation Protection Fund........................$12,900
25    Solid Waste Management Fund......................$48,100
26    Illinois Gaming Law Enforcement Fund..............$2,900

 

 

SB0220 Enrolled- 21 -LRB098 04693 OMW 34721 b

1    Subtitle D Management Fund........................$6,300
2    Illinois State Medical Disciplinary Fund..........$9,200
3    Weights and Measures Fund.........................$6,700
4    Violence Prevention Fund..........................$4,000
5    Capital Development Board Revolving Fund..........$7,900
6    DCFS Children's Services Fund...................$804,800
7    Illinois Health Facilities Planning Fund..........$4,000
8    Emergency Public Health Fund......................$7,600
9    Nursing Dedicated and Professional Fund...........$5,600
10    State Rail Freight Loan Repayment Fund............$1,700
11    Drunk and Drugged Driving Prevention Fund.........$4,600
12    Community Water Supply Laboratory Fund............$3,100
13    Used Tire Management Fund........................$15,200
14    Natural Areas Acquisition Fund...................$33,400
15    Open Space Lands Acquisition
16        and Development Fund.........................$62,100
17    Working Capital Revolving Fund...................$91,700
18    State Garage Revolving Fund......................$89,600
19    Statistical Services Revolving Fund.............$277,700
20    Communications Revolving Fund...................$248,100
21    Facilities Management Revolving Fund............$472,600
22    Public Health Laboratory Services
23        Revolving Fund................................$5,900
24    Lead Poisoning Screening, Prevention,
25        and Abatement Fund............................$7,900
26    Drug Treatment Fund...............................$8,700

 

 

SB0220 Enrolled- 22 -LRB098 04693 OMW 34721 b

1    Tax Compliance and Administration Fund............$8,300
2    Trauma Center Fund...............................$34,800
3    Illinois State Fair Fund.........................$12,700
4    Department of Corrections
5        Reimbursement and Education Fund.............$77,600
6    Illinois Historic Sites Fund......................$4,200
7    Pesticide Control Fund............................$7,000
8    Partners for Conservation Fund...................$25,000
9    International Tourism Fund.......................$14,100
10    Horse Racing Fund................................$14,800
11    Motor Carrier Safety Inspection Fund..............$4,500
12    Illinois Standardbred Breeders Fund...............$3,400
13    Illinois Thoroughbred Breeders Fund...............$5,200
14    Illinois Clean Water Fund........................$19,400
15    Child Support Administrative Fund...............$398,000
16    Tourism Promotion Fund...........................$75,300
17    Digital Divide Elimination Fund..................$11,800
18    Presidential Library and Museum Operating Fund...$25,900
19    Medical Special Purposes Trust Fund..............$10,800
20    Dram Shop Fund...................................$12,700
21    Cycle Rider Safety Training Fund..................$7,100
22    State Police Services Fund.......................$43,600
23    Metabolic Screening and Treatment Fund...........$23,900
24    Insurance Producer Administration Fund...........$16,800
25    Coal Technology Development Assistance Fund......$43,700
26    Environmental Protection Permit

 

 

SB0220 Enrolled- 23 -LRB098 04693 OMW 34721 b

1        and Inspection Fund..........................$21,600
2    Park and Conservation Fund.......................$38,100
3    Local Tourism Fund...............................$31,800
4    Illinois Capital Revolving Loan Fund..............$5,800
5    Large Business Attraction Fund......................$300
6    Adeline Jay Geo-Karis Illinois
7        Beach Marina Fund.............................$5,000
8    Insurance Financial Regulation Fund..............$23,000
9    Total                                         $3,547,900
10    (e-25) Notwithstanding any other provision of State law to
11the contrary and in addition to any other transfers that may be
12provided for by law, the State Comptroller shall direct and the
13State Treasurer shall transfer from the funds specified into
14the Professional Services Fund according to the schedule
15specified as follows:
16    General Revenue Fund..........................$4,600,000
17    Road Fund.....................................$4,852,500
18    Total                                         $9,452,500
19    One fourth of the specified amount shall be transferred on
20each of July 1 and October 1, 2010, or as soon as may be
21practical thereafter, and one half of the specified amount
22shall be transferred on January 1, 2011, or as soon as may be
23practical thereafter.
24    (e-30) Notwithstanding any other provision of State law to
25the contrary and in addition to any other transfers that may be
26provided for by law, the State Comptroller shall direct and the

 

 

SB0220 Enrolled- 24 -LRB098 04693 OMW 34721 b

1State Treasurer shall transfer from the funds specified into
2the Professional Services Fund according to the schedule
3specified as follows:
4    General Revenue Fund..........................$4,600,000
5    One-fourth of the specified amount shall be transferred on
6each of July 1 and October 1, 2011, or as soon as may be
7practical thereafter, and one-half of the specified amount
8shall be transferred on January 1, 2012, or as soon as may be
9practical thereafter.
10    (e-35) Notwithstanding any other provision of State law to
11the contrary, on or after July 1, 2013 and through June 30,
122014, in addition to any other transfers that may be provided
13for by law, at the direction of and upon notification from the
14Director of Central Management Services, the State Comptroller
15shall direct and the State Treasurer shall transfer amounts
16into the Professional Services Fund from the designated funds
17not exceeding the following totals:
18    Financial Institution Fund........................$2,500
19    General Professions Dedicated Fund................$2,000
20    Illinois Veterans' Rehabilitation Fund.............$2,300
21    State Boating Act Fund.............................$5,500
22    State Parks Fund...................................$4,800
23    Agricultural Premium Fund..........................$9,900
24    Fire Prevention Fund..............................$10,300
25    Mental Health Fund................................$14,000
26    Illinois State Pharmacy Disciplinary Fund...........$600

 

 

SB0220 Enrolled- 25 -LRB098 04693 OMW 34721 b

1    Radiation Protection Fund..........................$3,400
2    Solid Waste Management Fund........................$7,600
3    Illinois Gaming Law Enforcement Fund.................$800
4    Subtitle D Management Fund...........................$700
5    Illinois State Medical Disciplinary Fund...........$2,000
6    Weights and Measures Fund.........................$20,300
7    ICJIA Violence Prevention Fund.......................$900
8    Capital Development Board Revolving Fund...........$3,100
9    DCFS Children's Services Fund....................$175,500
10    Illinois Health Facilities Planning Fund.............$800
11    Emergency Public Health Fund.......................$1,400
12    Nursing Dedicated and Professional Fund............$1,200
13    State Rail Freight Loan Repayment Fund.............$2,300
14    Drunk and Drugged Driving Prevention Fund............$800
15    Community Water Supply Laboratory Fund...............$500
16    Used Tire Management Fund.........................$2,700
17    Natural Areas Acquisition Fund.....................$3,000
18    Open Space Lands Acquisition and Development Fund..$7,300
19    Working Capital Revolving Fund....................$22,900
20    State Garage Revolving Fund.......................$22,100
21    Statistical Services Revolving Fund...............$67,100
22    Communications Revolving Fund.....................$56,900
23    Facilities Management Revolving Fund..............$84,400
24    Public Health Laboratory Services Revolving Fund ....$300
25    Lead Poisoning Screening, Prevention, and
26        Abatement Fund.................................$1,300

 

 

SB0220 Enrolled- 26 -LRB098 04693 OMW 34721 b

1    Tax Compliance and Administration Fund.............$1,700
2    Illinois State Fair Fund...........................$2,300
3    Department of Corrections Reimbursement
4        and Education Fund...........................$14,700
5    Illinois Historic Sites Fund.........................$900
6    Pesticide Control Fund.............................$2,000
7    Partners for Conservation Fund.....................$3,300
8    International Tourism Fund.........................$1,200
9    Horse Racing Fund..................................$3,100
10    Motor Carrier Safety Inspection Fund...............$1,000
11    Illinois Thoroughbred Breeders Fund................$1,000
12    Illinois Clean Water Fund..........................$7,400
13    Child Support Administrative Fund.................$82,100
14    Tourism Promotion Fund............................$15,200
15    Presidential Library and Museum
16        Operating Fund.................................$4,600
17    Dram Shop Fund.....................................$3,200
18    Cycle Rider Safety Training Fund...................$2,100
19    State Police Services Fund.........................$8,500
20    Metabolic Screening and Treatment Fund.............$6,000
21    Insurance Producer Administration Fund.............$6,700
22    Coal Technology Development Assistance Fund........$6,900
23    Environmental Protection Permit
24        and Inspection Fund ...........................$3,800
25    Park and Conservation Fund.........................$7,500
26    Local Tourism Fund.................................$5,100

 

 

SB0220 Enrolled- 27 -LRB098 04693 OMW 34721 b

1    Illinois Capital Revolving Loan Fund.................$400
2    Adeline Jay Geo-Karis Illinois
3        Beach Marina Fund ...............................$500
4    Insurance Financial Regulation Fund................$8,200
5    Total                                           $740,600
6    (e-40) Notwithstanding any other provision of State law to
7the contrary and in addition to any other transfers that may be
8provided for by law, the State Comptroller shall direct and the
9State Treasurer shall transfer from the funds specified into
10the Professional Services Fund according to the schedule
11specified as follows:
12    General Revenue Fund...........................$6,000,000
13    Road Fund......................................$1,161,700
14    Total                                         $7,161,700
15    (e-45) Notwithstanding any other provision of State law to
16the contrary, on or after July 1, 2014 and through June 30,
172015, in addition to any other transfers that may be provided
18for by law, at the direction of and upon notification from the
19Director of Central Management Services, the State Comptroller
20shall direct and the State Treasurer shall transfer amounts
21into the Professional Services Fund from the designated funds
22not exceeding the following totals:
23    Financial Institution Fund.........................$2,500
24    General Professions Dedicated Fund.................$2,000
25    Illinois Veterans' Rehabilitation Fund.............$2,300
26    State Boating Act Fund.............................$5,500

 

 

SB0220 Enrolled- 28 -LRB098 04693 OMW 34721 b

1    State Parks Fund...................................$4,800
2    Agricultural Premium Fund..........................$9,900
3    Fire Prevention Fund..............................$10,300
4    Mental Health Fund................................$14,000
5    Illinois State Pharmacy Disciplinary Fund............$600
6    Radiation Protection Fund..........................$3,400
7    Solid Waste Management Fund........................$7,600
8    Illinois Gaming Law Enforcement Fund.................$800
9    Subtitle D Management Fund...........................$700
10    Illinois State Medical Disciplinary Fund...........$2,000
11    Weights and Measures Fund.........................$20,300
12    ICJIA Violence Prevention Fund.......................$900
13    Capital Development Board Revolving Fund...........$3,100
14    DCFS Children's Services Fund....................$175,500
15    Illinois Health Facilities Planning Fund.............$800
16    Emergency Public Health Fund.......................$1,400
17    Nursing Dedicated and Professional Fund............$1,200
18    State Rail Freight Loan Repayment Fund.............$2,300
19    Drunk and Drugged Driving Prevention Fund............$800
20    Community Water Supply Laboratory Fund...............$500
21    Used Tire Management Fund..........................$2,700
22    Natural Areas Acquisition Fund.....................$3,000
23    Open Space Lands Acquisition
24        and Development Fund...........................$7,300
25    Working Capital Revolving Fund....................$22,900
26    State Garage Revolving Fund.......................$22,100

 

 

SB0220 Enrolled- 29 -LRB098 04693 OMW 34721 b

1    Statistical Services Revolving Fund...............$67,100
2    Communications Revolving Fund.....................$56,900
3    Facilities Management Revolving Fund..............$84,400
4    Public Health Laboratory Services
5        Revolving Fund...................................$300
6    Lead Poisoning Screening, Prevention,
7        and Abatement Fund.............................$1,300
8    Tax Compliance and Administration Fund.............$1,700
9    Illinois State Fair Fund...........................$2,300
10    Department of Corrections
11        Reimbursement and Education Fund..............$14,700
12    Illinois Historic Sites Fund.........................$900
13    Pesticide Control Fund.............................$2,000
14    Partners for Conservation Fund.....................$3,300
15    International Tourism Fund.........................$1,200
16    Horse Racing Fund..................................$3,100
17    Motor Carrier Safety Inspection Fund...............$1,000
18    Illinois Thoroughbred Breeders Fund................$1,000
19    Illinois Clean Water Fund..........................$7,400
20    Child Support Administrative Fund.................$82,100
21    Tourism Promotion Fund............................$15,200
22    Presidential Library and Museum Operating Fund.....$4,600
23    Dram Shop Fund.....................................$3,200
24    Cycle Rider Safety Training Fund...................$2,100
25    State Police Services Fund.........................$8,500
26    Metabolic Screening and Treatment Fund.............$6,000

 

 

SB0220 Enrolled- 30 -LRB098 04693 OMW 34721 b

1    Insurance Producer Administration Fund.............$6,700
2    Coal Technology Development Assistance Fund........$6,900
3    Environmental Protection Permit
4        and Inspection Fund............................$3,800
5    Park and Conservation Fund.........................$7,500
6    Local Tourism Fund.................................$5,100
7    Illinois Capital Revolving Loan Fund.................$400
8    Adeline Jay Geo-Karis Illinois
9        Beach Marina Fund................................$500
10    Insurance Financial Regulation Fund................$8,200
11    Total                                            $740,600
12    (e-50) Notwithstanding any other provision of State law to
13the contrary and in addition to any other transfers that may be
14provided for by law, the State Comptroller shall direct and the
15State Treasurer shall transfer from the fund specified into the
16Professional Services Fund according to the schedule specified
17as follows:
18    Road Fund......................................$1,161,700
19    One-fourth of the specified amount shall be transferred on
20each of July 1 and October 1, 2014, or as soon as may be
21practical thereafter, and one-half of the specified amount
22shall be transferred on January 1, 2015, or as soon as may be
23practical thereafter.
24    (f) The term "professional services" means services
25rendered on behalf of State agencies and other State entities
26pursuant to Section 405-293 of the Department of Central

 

 

SB0220 Enrolled- 31 -LRB098 04693 OMW 34721 b

1Management Services Law of the Civil Administrative Code of
2Illinois.
3(Source: P.A. 97-641, eff. 12-19-11; 98-24, eff. 6-19-13.)
 
4    (30 ILCS 105/6z-64)
5    Sec. 6z-64. The Workers' Compensation Revolving Fund.
6    (a) The Workers' Compensation Revolving Fund is created as
7a revolving fund, not subject to fiscal year limitations, in
8the State treasury. The following moneys shall be deposited
9into the Fund:
10        (1) amounts authorized for transfer to the Fund from
11    the General Revenue Fund and other State funds (except for
12    funds classified by the Comptroller as federal trust funds
13    or State trust funds) pursuant to State law or Executive
14    Order;
15        (2) federal funds received by the Department of Central
16    Management Services (the "Department") as a result of
17    expenditures from the Fund;
18        (3) interest earned on moneys in the Fund;
19        (4) receipts or inter-fund transfers resulting from
20    billings issued to State agencies and universities for the
21    cost of workers' compensation services that are not
22    compensated through the specific fund transfers authorized
23    by this Section, if any;
24        (5) amounts received from a State agency or university
25    for workers' compensation payments for temporary total

 

 

SB0220 Enrolled- 32 -LRB098 04693 OMW 34721 b

1    disability, as provided in Section 405-105 of the
2    Department of Central Management Services Law of the Civil
3    Administrative Code of Illinois; and
4        (6) amounts recovered through subrogation in workers'
5    compensation and workers' occupational disease cases.
6    (b) Moneys in the Fund may be used by the Department for
7reimbursement or payment for:
8        (1) providing workers' compensation services to State
9    agencies and State universities; or
10        (2) providing for payment of administrative and other
11    expenses (and, beginning January 1, 2013, fees and charges
12    made pursuant to a contract with a private vendor) incurred
13    in providing workers' compensation services. The
14    Department, or any successor agency designated to enter
15    into contracts with one or more private vendors for the
16    administration of the workers' compensation program for
17    State employees pursuant to subsection 10b of Section
18    405-105 of the Department of Central Management Services
19    Law of the Civil Administrative Code of Illinois, is
20    authorized to establish one or more special funds, as
21    separate accounts provided by any bank or banks as defined
22    by the Illinois Banking Act, any savings and loan
23    association or associations as defined by the Illinois
24    Savings and Loan Act of 1985, or any credit union as
25    defined by the Illinois Credit Union Act, to be held by the
26    Director outside of the State treasury, for the purpose of

 

 

SB0220 Enrolled- 33 -LRB098 04693 OMW 34721 b

1    receiving the transfer of moneys from the Workers'
2    Compensation Revolving Fund. The Department may promulgate
3    rules further defining the methodology for the transfers.
4    Any interest earned by moneys in the funds or accounts
5    shall be deposited into the Workers' Compensation
6    Revolving Fund. The transferred moneys, and interest
7    accrued thereon, shall be used exclusively for transfers to
8    contracted private vendors or their financial institutions
9    for payments to workers' compensation claimants and
10    providers for workers' compensation services, claims, and
11    benefits pursuant to this Section and subsection 9 of
12    Section 405-105 of the Department of Central Management
13    Services Law of the Civil Administrative Code of Illinois.
14    The transferred moneys, and interest accrued thereon,
15    shall not be used for any other purpose including, but not
16    limited to, reimbursement or payment of administrative
17    fees due the contracted vendor pursuant to its contract or
18    contracts with the Department.
19    (c) State agencies may direct the Comptroller to process
20inter-fund transfers or make payment through the voucher and
21warrant process to the Workers' Compensation Revolving Fund in
22satisfaction of billings issued under subsection (a) of this
23Section.
24    (d) Reconciliation. For the fiscal year beginning on July
251, 2004 only, the Director of Central Management Services (the
26"Director") shall order that each State agency's payments and

 

 

SB0220 Enrolled- 34 -LRB098 04693 OMW 34721 b

1transfers made to the Fund be reconciled with actual Fund costs
2for workers' compensation services provided by the Department
3and attributable to the State agency and relevant fund on no
4less than an annual basis. The Director may require reports
5from State agencies as deemed necessary to perform this
6reconciliation.
7    (d-5) Notwithstanding any other provision of State law to
8the contrary, on or after July 1, 2005 and until June 30, 2006,
9in addition to any other transfers that may be provided for by
10law, at the direction of and upon notification of the Director
11of Central Management Services, the State Comptroller shall
12direct and the State Treasurer shall transfer amounts into the
13Workers' Compensation Revolving Fund from the designated funds
14not exceeding the following totals:
15    Mental Health Fund............................$17,694,000
16    Statistical Services Revolving Fund............$1,252,600
17    Department of Corrections Reimbursement
18        and Education Fund.........................$1,198,600
19    Communications Revolving Fund....................$535,400
20    Child Support Administrative Fund................$441,900
21    Health Insurance Reserve Fund....................$238,900
22    Fire Prevention Fund.............................$234,100
23    Park and Conservation Fund.......................$142,000
24    Motor Fuel Tax Fund..............................$132,800
25    Illinois Workers' Compensation
26        Commission Operations Fund...................$123,900

 

 

SB0220 Enrolled- 35 -LRB098 04693 OMW 34721 b

1    State Boating Act Fund...........................$112,300
2    Public Utility Fund..............................$106,500
3    State Lottery Fund...............................$101,300
4    Traffic and Criminal Conviction
5        Surcharge Fund................................$88,500
6    State Surplus Property Revolving Fund.............$82,700
7    Natural Areas Acquisition Fund....................$65,600
8    Securities Audit and Enforcement Fund.............$65,200
9    Agricultural Premium Fund.........................$63,400
10    Capital Development Fund..........................$57,500
11    State Gaming Fund.................................$54,300
12    Underground Storage Tank Fund.....................$53,700
13    Illinois State Medical Disciplinary Fund..........$53,000
14    Personal Property Tax Replacement Fund............$53,000
15    General Professions Dedicated Fund...............$51,900
16    Total                                        $23,003,100
17    (d-10) Notwithstanding any other provision of State law to
18the contrary and in addition to any other transfers that may be
19provided for by law, on the first day of each calendar quarter
20of the fiscal year beginning July 1, 2005, or as soon as may be
21practical thereafter, the State Comptroller shall direct and
22the State Treasurer shall transfer from each designated fund
23into the Workers' Compensation Revolving Fund amounts equal to
24one-fourth of each of the following totals:
25    General Revenue Fund......................... $34,000,000
26    Road Fund.................................... $25,987,000

 

 

SB0220 Enrolled- 36 -LRB098 04693 OMW 34721 b

1    Total                                        $59,987,000
2    (d-12) Notwithstanding any other provision of State law to
3the contrary and in addition to any other transfers that may be
4provided for by law, on the effective date of this amendatory
5Act of the 94th General Assembly, or as soon as may be
6practical thereafter, the State Comptroller shall direct and
7the State Treasurer shall transfer from each designated fund
8into the Workers' Compensation Revolving Fund the following
9amounts:
10    General Revenue Fund..........................$10,000,000
11    Road Fund......................................$5,000,000
12    Total                                        $15,000,000
13    (d-15) Notwithstanding any other provision of State law to
14the contrary and in addition to any other transfers that may be
15provided for by law, on July 1, 2006, or as soon as may be
16practical thereafter, the State Comptroller shall direct and
17the State Treasurer shall transfer from each designated fund
18into the Workers' Compensation Revolving Fund the following
19amounts:
20    General Revenue Fund.........................$44,028,200
21    Road Fund....................................$28,084,000
22    Total                                        $72,112,200
23    (d-20) Notwithstanding any other provision of State law to
24the contrary, on or after July 1, 2006 and until June 30, 2007,
25in addition to any other transfers that may be provided for by
26law, at the direction of and upon notification of the Director

 

 

SB0220 Enrolled- 37 -LRB098 04693 OMW 34721 b

1of Central Management Services, the State Comptroller shall
2direct and the State Treasurer shall transfer amounts into the
3Workers' Compensation Revolving Fund from the designated funds
4not exceeding the following totals:
5    Mental Health Fund............................$19,121,800
6    Statistical Services Revolving Fund............$1,353,700
7    Department of Corrections Reimbursement
8        and Education Fund.........................$1,295,300
9    Communications Revolving Fund....................$578,600
10    Child Support Administrative Fund................$477,600
11    Health Insurance Reserve Fund....................$258,200
12    Fire Prevention Fund.............................$253,000
13    Park and Conservation Fund.......................$153,500
14    Motor Fuel Tax Fund..............................$143,500
15    Illinois Workers' Compensation
16        Commission Operations Fund...................$133,900
17    State Boating Act Fund...........................$121,400
18    Public Utility Fund..............................$115,100
19    State Lottery Fund...............................$109,500
20    Traffic and Criminal Conviction Surcharge Fund....$95,700
21    State Surplus Property Revolving Fund.............$89,400
22    Natural Areas Acquisition Fund....................$70,800
23    Securities Audit and Enforcement Fund.............$70,400
24    Agricultural Premium Fund.........................$68,500
25    State Gaming Fund.................................$58,600
26    Underground Storage Tank Fund.....................$58,000

 

 

SB0220 Enrolled- 38 -LRB098 04693 OMW 34721 b

1    Illinois State Medical Disciplinary Fund..........$57,200
2    Personal Property Tax Replacement Fund............$57,200
3    General Professions Dedicated Fund...............$56,100
4    Total                                        $24,797,000
5    (d-25) Notwithstanding any other provision of State law to
6the contrary and in addition to any other transfers that may be
7provided for by law, on July 1, 2009, or as soon as may be
8practical thereafter, the State Comptroller shall direct and
9the State Treasurer shall transfer from each designated fund
10into the Workers' Compensation Revolving Fund the following
11amounts:
12    General Revenue Fund.........................$55,000,000
13    Road Fund....................................$34,803,000
14    Total                                        $89,803,000
15    (d-30) Notwithstanding any other provision of State law to
16the contrary, on or after July 1, 2009 and until June 30, 2010,
17in addition to any other transfers that may be provided for by
18law, at the direction of and upon notification of the Director
19of Central Management Services, the State Comptroller shall
20direct and the State Treasurer shall transfer amounts into the
21Workers' Compensation Revolving Fund from the designated funds
22not exceeding the following totals:
23    Food and Drug Safety Fund.........................$13,900
24    Teacher Certificate Fee Revolving Fund.............$6,500
25    Transportation Regulatory Fund....................$14,500
26    Financial Institution Fund........................$25,200

 

 

SB0220 Enrolled- 39 -LRB098 04693 OMW 34721 b

1    General Professions Dedicated Fund................$25,300
2    Illinois Veterans' Rehabilitation Fund............$64,600
3    State Boating Act Fund...........................$177,100
4    State Parks Fund.................................$104,300
5    Lobbyist Registration Administration Fund.........$14,400
6    Agricultural Premium Fund.........................$79,100
7    Fire Prevention Fund.............................$360,200
8    Mental Health Fund.............................$9,725,200
9    Illinois State Pharmacy Disciplinary Fund..........$5,600
10    Public Utility Fund...............................$40,900
11    Radiation Protection Fund.........................$14,200
12    Firearm Owner's Notification Fund..................$1,300
13    Solid Waste Management Fund.......................$74,100
14    Illinois Gaming Law Enforcement Fund..............$17,800
15    Subtitle D Management Fund........................$14,100
16    Illinois State Medical Disciplinary Fund..........$26,500
17    Facility Licensing Fund...........................$11,700
18    Plugging and Restoration Fund......................$9,100
19    Explosives Regulatory Fund.........................$2,300
20    Aggregate Operations Regulatory Fund...............$5,000
21    Coal Mining Regulatory Fund........................$1,900
22    Registered Certified Public Accountants'
23        Administration and Disciplinary Fund...........$1,500
24    Weights and Measures Fund.........................$56,100
25    Division of Corporations Registered
26        Limited Liability Partnership Fund.............$3,900

 

 

SB0220 Enrolled- 40 -LRB098 04693 OMW 34721 b

1    Illinois School Asbestos Abatement Fund...........$14,000
2    Secretary of State Special License Plate Fund.....$30,700
3    Capital Development Board Revolving Fund..........$27,000
4    DCFS Children's Services Fund.....................$69,300
5    Asbestos Abatement Fund...........................$17,200
6    Illinois Health Facilities Planning Fund..........$26,800
7    Emergency Public Health Fund.......................$5,600
8    Nursing Dedicated and Professional Fund...........$10,000
9    Optometric Licensing and Disciplinary
10        Board Fund.....................................$1,600
11    Underground Resources Conservation
12        Enforcement Fund..............................$11,500
13    Drunk and Drugged Driving Prevention Fund.........$18,200
14    Long Term Care Monitor/Receiver Fund..............$35,400
15    Community Water Supply Laboratory Fund.............$5,600
16    Securities Investors Education Fund................$2,000
17    Used Tire Management Fund.........................$32,400
18    Natural Areas Acquisition Fund...................$101,200
19    Open Space Lands Acquisition
20        and Development Fund..................$28,400
21    Working Capital Revolving Fund...................$489,100
22    State Garage Revolving Fund......................$791,900
23    Statistical Services Revolving Fund............$3,984,700
24    Communications Revolving Fund..................$1,432,800
25    Facilities Management Revolving Fund...........$1,911,600
26    Professional Services Fund.......................$483,600

 

 

SB0220 Enrolled- 41 -LRB098 04693 OMW 34721 b

1    Motor Vehicle Review Board Fund...................$15,000
2    Environmental Laboratory Certification Fund........$3,000
3    Public Health Laboratory Services
4        Revolving Fund.................................$2,500
5    Lead Poisoning Screening, Prevention,
6        and Abatement Fund............................$28,200
7    Securities Audit and Enforcement Fund............$258,400
8    Department of Business Services
9        Special Operations Fund......................$111,900
10    Feed Control Fund.................................$20,800
11    Tanning Facility Permit Fund.......................$5,400
12    Plumbing Licensure and Program Fund...............$24,400
13    Tax Compliance and Administration Fund............$27,200
14    Appraisal Administration Fund......................$2,400
15    Small Business Environmental Assistance Fund.......$2,200
16    Illinois State Fair Fund..........................$31,400
17    Secretary of State Special Services Fund.........$317,600
18    Department of Corrections Reimbursement
19        and Education Fund...........................$324,500
20    Health Facility Plan Review Fund..................$31,200
21    Illinois Historic Sites Fund......................$11,500
22    Attorney General Court Ordered and Voluntary
23        Compliance Payment Projects Fund..............$18,500
24    Public Pension Regulation Fund.....................$5,600
25    Illinois Charity Bureau Fund......................$11,400
26    Renewable Energy Resources Trust Fund..............$6,700

 

 

SB0220 Enrolled- 42 -LRB098 04693 OMW 34721 b

1    Energy Efficiency Trust Fund.......................$3,600
2    Pesticide Control Fund............................$56,800
3    Attorney General Whistleblower Reward
4        and Protection Fund...........................$14,200
5    Partners for Conservation Fund....................$36,900
6    Capital Litigation Trust Fund........................$800
7    Motor Vehicle License Plate Fund..................$99,700
8    Horse Racing Fund.................................$18,900
9    Death Certificate Surcharge Fund..................$12,800
10    Auction Regulation Administration Fund...............$500
11    Motor Carrier Safety Inspection Fund..............$55,800
12    Assisted Living and Shared Housing
13        Regulatory Fund..................................$900
14    Illinois Thoroughbred Breeders Fund................$9,200
15    Illinois Clean Water Fund.........................$42,300
16    Secretary of State DUI Administration Fund........$16,100
17    Child Support Administrative Fund..............$1,037,900
18    Secretary of State Police Services Fund............$1,200
19    Tourism Promotion Fund............................$34,400
20    IMSA Income Fund..................................$12,700
21    Presidential Library and Museum Operating Fund....$83,000
22    Dram Shop Fund....................................$44,500
23    Illinois State Dental Disciplinary Fund............$5,700
24    Cycle Rider Safety Training Fund...................$8,700
25    Traffic and Criminal Conviction Surcharge Fund...$106,100
26    Design Professionals Administration

 

 

SB0220 Enrolled- 43 -LRB098 04693 OMW 34721 b

1        and Investigation Fund.........................$4,500
2    State Police Services Fund.......................$276,100
3    Metabolic Screening and Treatment Fund............$90,800
4    Insurance Producer Administration Fund............$45,600
5    Coal Technology Development Assistance Fund.......$11,700
6    Hearing Instrument Dispenser Examining
7        and Disciplinary Fund..........................$1,900
8    Low-Level Radioactive Waste Facility
9        Development and Operation Fund.................$1,000
10    Environmental Protection Permit and
11        Inspection Fund...............................$66,900
12    Park and Conservation Fund.......................$199,300
13    Local Tourism Fund.................................$2,400
14    Illinois Capital Revolving Loan Fund..............$10,000
15    Large Business Attraction Fund.......................$100
16    Adeline Jay Geo-Karis Illinois Beach
17        Marina Fund...................................$27,200
18    Public Infrastructure Construction
19        Loan Revolving Fund............................$1,700
20    Insurance Financial Regulation Fund...............$69,200
21    Total                                        $24,197,800
22    (d-35) Notwithstanding any other provision of State law to
23the contrary and in addition to any other transfers that may be
24provided for by law, on July 1, 2010, or as soon as may be
25practical thereafter, the State Comptroller shall direct and
26the State Treasurer shall transfer from each designated fund

 

 

SB0220 Enrolled- 44 -LRB098 04693 OMW 34721 b

1into the Workers' Compensation Revolving Fund the following
2amounts:
3    General Revenue Fund.........................$55,000,000
4    Road Fund....................................$50,955,300
5    Total                                       $105,955,300
6    (d-40) Notwithstanding any other provision of State law to
7the contrary, on or after July 1, 2010 and until June 30, 2011,
8in addition to any other transfers that may be provided for by
9law, at the direction of and upon notification of the Director
10of Central Management Services, the State Comptroller shall
11direct and the State Treasurer shall transfer amounts into the
12Workers' Compensation Revolving Fund from the designated funds
13not exceeding the following totals:
14    Food and Drug Safety Fund.........................$8,700
15    Financial Institution Fund.......................$44,500
16    General Professions Dedicated Fund...............$51,400
17    Live and Learn Fund..............................$10,900
18    Illinois Veterans' Rehabilitation Fund..........$106,000
19    State Boating Act Fund..........................$288,200
20    State Parks Fund................................$185,900
21    Wildlife and Fish Fund........................$1,550,300
22    Lobbyist Registration Administration Fund........$18,100
23    Agricultural Premium Fund.......................$176,100
24    Mental Health Fund..............................$291,900
25    Firearm Owner's Notification Fund.................$2,300
26    Illinois Gaming Law Enforcement Fund.............$11,300

 

 

SB0220 Enrolled- 45 -LRB098 04693 OMW 34721 b

1    Illinois State Medical Disciplinary Fund.........$42,300
2    Facility Licensing Fund..........................$14,200
3    Plugging and Restoration Fund....................$15,600
4    Explosives Regulatory Fund........................$4,800
5    Aggregate Operations Regulatory Fund..............$6,000
6    Coal Mining Regulatory Fund.......................$7,200
7    Registered Certified Public Accountants'
8        Administration and Disciplinary Fund..........$1,900
9    Weights and Measures Fund.......................$105,200
10    Division of Corporations Registered
11        Limited Liability Partnership Fund............$5,300
12    Illinois School Asbestos Abatement Fund..........$19,900
13    Secretary of State Special License Plate Fund....$38,700
14    DCFS Children's Services Fund...................$123,100
15    Illinois Health Facilities Planning Fund.........$29,700
16    Emergency Public Health Fund......................$6,800
17    Nursing Dedicated and Professional Fund..........$13,500
18    Optometric Licensing and Disciplinary
19        Board Fund....................................$1,800
20    Underground Resources Conservation
21        Enforcement Fund.............................$16,500
22    Mandatory Arbitration Fund........................$5,400
23    Drunk and Drugged Driving Prevention Fund........$26,400
24    Long Term Care Monitor/Receiver Fund.............$43,800
25    Securities Investors Education Fund..............$28,500
26    Used Tire Management Fund.........................$6,300

 

 

SB0220 Enrolled- 46 -LRB098 04693 OMW 34721 b

1    Natural Areas Acquisition Fund..................$185,000
2    Open Space Lands Acquisition and
3        Development Fund.............................$46,800
4    Working Capital Revolving Fund..................$741,500
5    State Garage Revolving Fund.....................$356,200
6    Statistical Services Revolving Fund...........$1,775,900
7    Communications Revolving Fund...................$630,600
8    Facilities Management Revolving Fund............$870,800
9    Professional Services Fund......................$275,500
10    Motor Vehicle Review Board Fund..................$12,900
11    Public Health Laboratory Services
12        Revolving Fund................................$5,300
13    Lead Poisoning Screening, Prevention,
14        and Abatement Fund...........................$42,100
15    Securities Audit and Enforcement Fund...........$162,700
16    Department of Business Services
17        Special Operations Fund.....................$143,700
18    Feed Control Fund................................$32,300
19    Tanning Facility Permit Fund......................$3,900
20    Plumbing Licensure and Program Fund..............$32,600
21    Tax Compliance and Administration Fund...........$48,400
22    Appraisal Administration Fund.....................$3,600
23    Illinois State Fair Fund.........................$30,200
24    Secretary of State Special Services Fund........$214,400
25    Department of Corrections Reimbursement
26        and Education Fund..........................$438,300

 

 

SB0220 Enrolled- 47 -LRB098 04693 OMW 34721 b

1    Health Facility Plan Review Fund.................$29,900
2    Public Pension Regulation Fund....................$9,900
3    Pesticide Control Fund..........................$107,500
4    Partners for Conservation Fund..................$189,300
5    Motor Vehicle License Plate Fund................$143,800
6    Horse Racing Fund................................$20,900
7    Death Certificate Surcharge Fund.................$16,800
8    Auction Regulation Administration Fund............$1,000
9    Motor Carrier Safety Inspection Fund.............$56,800
10    Assisted Living and Shared Housing
11        Regulatory Fund...............................$2,200
12    Illinois Thoroughbred Breeders Fund..............$18,100
13    Secretary of State DUI Administration Fund.......$19,800
14    Child Support Administrative Fund.............$1,809,500
15    Secretary of State Police Services Fund...........$2,500
16    Medical Special Purposes Trust Fund..............$20,400
17    Dram Shop Fund...................................$57,200
18    Illinois State Dental Disciplinary Fund...........$9,500
19    Cycle Rider Safety Training Fund.................$12,200
20    Traffic and Criminal Conviction Surcharge Fund..$128,900
21    Design Professionals Administration
22        and Investigation Fund........................$7,300
23    State Police Services Fund......................$335,700
24    Metabolic Screening and Treatment Fund...........$81,600
25    Insurance Producer Administration Fund...........$77,000
26    Hearing Instrument Dispenser Examining

 

 

SB0220 Enrolled- 48 -LRB098 04693 OMW 34721 b

1        and Disciplinary Fund.........................$1,900
2    Park and Conservation Fund......................$361,500
3    Adeline Jay Geo-Karis Illinois Beach
4        Marina Fund..................................$42,800
5    Insurance Financial Regulation Fund.............$108,000
6    Total                                        $13,033,200
7    (d-45) Notwithstanding any other provision of State law to
8the contrary and in addition to any other transfers that may be
9provided for by law, on July 1, 2011, or as soon as may be
10practical thereafter, the State Comptroller shall direct and
11the State Treasurer shall transfer the sum of $45,000,000 from
12the General Revenue Fund into the Workers' Compensation
13Revolving Fund.
14    (d-50) Notwithstanding any other provision of State law to
15the contrary and in addition to any other transfers that may be
16provided for by law, on July 1, 2014, or as soon as may be
17practical thereafter, the State Comptroller shall direct and
18the State Treasurer shall transfer from the designated fund
19into the Workers' Compensation Revolving Fund the following
20amounts:
21    Road Fund.....................................$19,714,700
22    (d-55) Notwithstanding any other provision of State law to
23the contrary, on or after July 1, 2014 and until June 30, 2015,
24in addition to any other transfers that may be provided for by
25law, at the direction of and upon notification of the Director
26of Central Management Services, the State Comptroller shall

 

 

SB0220 Enrolled- 49 -LRB098 04693 OMW 34721 b

1direct and the State Treasurer shall transfer amounts into the
2Workers' Compensation Revolving Fund from the designated funds
3not exceeding the following totals:
4    Food and Drug Safety Fund..........................$5,300
5    Teacher Certificate Fee Revolving Fund.............$2,100
6    Transportation Regulatory Fund.....................$5,500
7    Financial Institution Fund........................$28,400
8    General Professions Dedicated Fund................$21,600
9    Illinois Veterans' Rehabilitation Fund............$53,200
10    State Boating Act Fund...........................$117,500
11    State Parks Fund..................................$82,400
12    Wildlife and Fish Fund...........................$631,500
13    Lobbyist Registration Administration Fund.........$12,200
14    Agricultural Premium Fund.........................$43,400
15    Fire Prevention Fund.............................$194,800
16    Mental Health Fund...............................$114,800
17    Illinois State Pharmacy Disciplinary Fund..........$6,700
18    Public Utility Fund...............................$13,900
19    Radiation Protection Fund.........................$21,600
20    Firearm Owner's Notification Fund..................$3,100
21    Solid Waste Management Fund.......................$76,300
22    Illinois Gaming Law Enforcement Fund...............$7,500
23    Subtitle D Management Fund.........................$6,900
24    Illinois State Medical Disciplinary Fund..........$22,300
25    Facility Licensing Fund............................$5,200
26    Plugging and Restoration Fund......................$8,900

 

 

SB0220 Enrolled- 50 -LRB098 04693 OMW 34721 b

1    Explosives Regulatory Fund.........................$1,500
2    Aggregate Operations Regulatory Fund...............$2,400
3    Coal Mining Regulatory Fund.......................$49,400
4    Registered Certified Public Accountants'
5        Administration and Disciplinary Fund...........$1,200
6    Weights and Measures Fund.........................$52,600
7    Division of Corporations Registered
8        Limited Liability Partnership Fund.............$1,800
9    Illinois School Asbestos Abatement Fund............$4,600
10    Secretary of State Special License Plate Fund.....$11,800
11    Capital Development Board Revolving Fund...........$4,100
12    DCFS Children's Services Fund.....................$63,500
13    Asbestos Abatement Fund............................$6,400
14    Illinois Health Facilities Planning Fund..........$12,200
15    Emergency Public Health Fund.......................$3,300
16    Nursing Dedicated and Professional Fund............$9,200
17    Optometric Licensing and Disciplinary
18        Board Fund.......................................$900
19    Underground Resources Conservation
20        Enforcement Fund..............................$10,500
21    Mandatory Arbitration Fund...........................$600
22    Drunk and Drugged Driving Prevention Fund.........$11,600
23    Long Term Care Monitor/Receiver Fund..............$34,200
24    Community Water Supply Laboratory Fund.............$3,900
25    Securities Investors Education Fund................$1,100
26    Used Tire Management Fund.........................$26,700

 

 

SB0220 Enrolled- 51 -LRB098 04693 OMW 34721 b

1    Natural Areas Acquisition Fund....................$72,300
2    Open Space Lands Acquisition and
3        Development Fund..............................$20,500
4    Working Capital Revolving Fund...................$487,900
5    State Garage Revolving Fund......................$197,300
6    Statistical Services Revolving Fund..............$812,500
7    Communications Revolving Fund....................$317,000
8    Facilities Management Revolving Fund.............$400,700
9    Professional Services Fund........................$71,100
10    Motor Vehicle Review Board Fund....................$4,800
11    Environmental Laboratory Certification Fund........$2,400
12    Lead Poisoning Screening, Prevention,
13        and Abatement Fund............................$15,700
14    Securities Audit and Enforcement Fund............$125,000
15    Department of Business Services
16        Special Operations Fund.......................$60,000
17    Feed Control Fund.................................$19,600
18    Tanning Facility Permit Fund.........................$100
19    Plumbing Licensure and Program Fund...............$12,000
20    Tax Compliance and Administration Fund............$19,500
21    Appraisal Administration Fund......................$2,400
22    Small Business Environmental Assistance Fund.......$6,000
23    Illinois State Fair Fund.............................$700
24    Secretary of State Special Services Fund..........$90,800
25    Department of Corrections Reimbursement
26        and Education Fund...........................$293,300

 

 

SB0220 Enrolled- 52 -LRB098 04693 OMW 34721 b

1    Health Facility Plan Review Fund..................$12,500
2    Illinois Historic Sites Fund......................$19,000
3    Attorney General Court Ordered and Voluntary
4        Compliance Payment Projects Fund..............$17,900
5    Public Pension Regulation Fund.....................$2,000
6    Illinois Charity Bureau Fund.......................$4,000
7    Renewable Energy Resources Trust Fund..............$8,800
8    Energy Efficiency Trust Fund.......................$5,200
9    Pesticide Control Fund............................$52,900
10    Attorney General Whistleblower Reward
11        and Protection Fund...........................$10,300
12    Partners for Conservation Fund....................$37,700
13    Motor Vehicle License Plate Fund..................$11,500
14    Death Certificate Surcharge Fund...................$1,000
15    Motor Carrier Safety Inspection Fund..............$25,900
16    Assisted Living and Shared Housing
17        Regulatory Fund................................$2,300
18    Illinois Thoroughbred Breeders Fund................$7,100
19    Illinois Clean Water Fund.........................$72,200
20    Secretary of State DUI Administration Fund.........$7,700
21    Child Support Administrative Fund................$744,000
22    Secretary of State Police Services Fund..............$600
23    Tourism Promotion Fund............................$98,100
24    IMSA Income Fund..................................$12,800
25    Presidential Library and Museum
26        Operating Fund...............................$145,800

 

 

SB0220 Enrolled- 53 -LRB098 04693 OMW 34721 b

1    Dram Shop Fund....................................$35,600
2    Illinois State Dental Disciplinary Fund............$4,100
3    Cycle Rider Safety Training Fund...................$9,500
4    Traffic and Criminal Conviction Surcharge Fund....$53,100
5    Design Professionals Administration
6        and Investigation Fund.........................$4,200
7    State Police Services Fund.......................$123,100
8    Metabolic Screening and Treatment Fund............$42,700
9    Insurance Producer Administration Fund............$18,300
10    Coal Technology Development Assistance Fund.......$22,500
11    Violent Crime Victims Assistance Fund..............$4,700
12    Hearing Instrument Dispenser Examining
13        and Disciplinary Fund............................$500
14    Low-Level Radioactive Waste Facility
15        Development and Operation Fund.................$1,700
16    Environmental Protection Permit
17        and Inspection Fund...........................$45,300
18    Park and Conservation Fund.......................$165,700
19    Illinois Capital Revolving Loan Fund..............$14,800
20    Adeline Jay Geo-Karis Illinois Beach
21        Marina Fund......................................$800
22    Insurance Financial Regulation Fund...............$23,800
23    Total                                          $6,699,900
24    (e) The term "workers' compensation services" means
25services, claims expenses, and related administrative costs
26incurred in performing the duties under Sections 405-105 and

 

 

SB0220 Enrolled- 54 -LRB098 04693 OMW 34721 b

1405-411 of the Department of Central Management Services Law of
2the Civil Administrative Code of Illinois.
3(Source: P.A. 97-641, eff. 12-19-11; 97-895, eff. 8-3-12;
498-307, eff. 8-12-13.)
 
5    (30 ILCS 105/6z-70)
6    Sec. 6z-70. The Secretary of State Identification Security
7and Theft Prevention Fund.
8    (a) The Secretary of State Identification Security and
9Theft Prevention Fund is created as a special fund in the State
10treasury. The Fund shall consist of any fund transfers, grants,
11fees, or moneys from other sources received for the purpose of
12funding identification security and theft prevention measures.
13    (b) All moneys in the Secretary of State Identification
14Security and Theft Prevention Fund shall be used, subject to
15appropriation, for any costs related to implementing
16identification security and theft prevention measures.
17    (c) Notwithstanding any other provision of State law to the
18contrary, on or after July 1, 2007, and until June 30, 2008, in
19addition to any other transfers that may be provided for by
20law, at the direction of and upon notification of the Secretary
21of State, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts into the Secretary of State
23Identification Security and Theft Prevention Fund from the
24designated funds not exceeding the following totals:
25    Lobbyist Registration Administration Fund.......$100,000

 

 

SB0220 Enrolled- 55 -LRB098 04693 OMW 34721 b

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    (d) Notwithstanding any other provision of State law to the
8contrary, on or after July 1, 2008, and until June 30, 2009, in
9addition to any other transfers that may be provided for by
10law, at the direction of and upon notification of the Secretary
11of State, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts into the Secretary of State
13Identification Security and Theft Prevention Fund from the
14designated funds not exceeding the following totals:
15    Lobbyist Registration Administration Fund........$100,000
16    Registered Limited Liability Partnership Fund.....$75,000
17    Securities Investors Education Fund..............$500,000
18    Securities Audit and Enforcement Fund..........$5,725,000
19    Department of Business Services
20        Special Operations Fund...................$3,000,000
21    Corporate Franchise Tax Refund Fund............$3,000,000
22    State Parking Facility Maintenance Fund.........$100,000
23    (e) Notwithstanding any other provision of State law to the
24contrary, on or after July 1, 2009, and until June 30, 2010, in
25addition to any other transfers that may be provided for by
26law, at the direction of and upon notification of the Secretary

 

 

SB0220 Enrolled- 56 -LRB098 04693 OMW 34721 b

1of State, the State Comptroller shall direct and the State
2Treasurer shall transfer amounts into the Secretary of State
3Identification Security and Theft Prevention Fund from the
4designated funds not exceeding the following totals:
5    Lobbyist Registration Administration Fund.......$100,000
6    Registered Limited Liability Partnership Fund...$175,000
7    Securities Investors Education Fund.............$750,000
8    Securities Audit and Enforcement Fund...........$750,000
9    Department of Business Services
10        Special Operations Fund...................$3,000,000
11    Corporate Franchise Tax Refund Fund...........$3,000,000
12    State Parking Facility Maintenance Fund.........$100,000
13    (f) Notwithstanding any other provision of State law to the
14contrary, on or after July 1, 2010, and until June 30, 2011, in
15addition to any other transfers that may be provided for by
16law, at the direction of and upon notification of the Secretary
17of State, the State Comptroller shall direct and the State
18Treasurer shall transfer amounts into the Secretary of State
19Identification Security and Theft Prevention Fund from the
20designated funds not exceeding the following totals:
21    Registered Limited Liability Partnership Fund...$287,000
22    Securities Investors Education Board............$750,000
23    Securities Audit and Enforcement Fund...........$750,000
24    Department of Business Services Special
25        Operations Fund...........................$3,000,000
26    Corporate Franchise Tax Refund Fund...........$3,000,000

 

 

SB0220 Enrolled- 57 -LRB098 04693 OMW 34721 b

1    (g) Notwithstanding any other provision of State law to the
2contrary, on or after July 1, 2011, and until June 30, 2012, in
3addition to any other transfers that may be provided for by
4law, at the direction of and upon notification of the Secretary
5of State, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts into the Secretary of State
7Identification Security and Theft Prevention Fund from the
8designated funds not exceeding the following totals:
9    Division of Corporations Registered
10        Limited Liability Partnership Fund...........$287,000
11    Securities Investors Education Fund..............$750,000
12    Securities Audit and Enforcement Fund..........$3,500,000
13    Department of Business Services
14        Special Operations Fund....................$3,000,000
15    Corporate Franchise Tax Refund Fund...........$3,000,000
16    (h) Notwithstanding any other provision of State law to the
17contrary, on or after the effective date of this amendatory Act
18of the 98th General Assembly, and until June 30, 2014, in
19addition to any other transfers that may be provided for by
20law, at the direction of and upon notification from the
21Secretary of State, the State Comptroller shall direct and the
22State Treasurer shall transfer amounts into the Secretary of
23State Identification Security and Theft Prevention Fund from
24the designated funds not exceeding the following totals:
25    Division of Corporations Registered Limited
26        Liability Partnership Fund..................$287,000

 

 

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1    Securities Investors Education Fund...........$1,500,000
2    Department of Business Services Special
3        Operations Fund...........................$3,000,000
4    Securities Audit and Enforcement Fund.........$3,500,000
5    Corporate Franchise Tax Refund Fund...........$3,000,000
6    (i) Notwithstanding any other provision of State law to the
7contrary, on or after the effective date of this amendatory Act
8of the 98th General Assembly, and until June 30, 2015, in
9addition to any other transfers that may be provided for by
10law, at the direction of and upon notification of the Secretary
11of State, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts into the Secretary of State
13Identification Security and Theft Prevention Fund from the
14designated funds not exceeding the following totals:
15    Division of Corporations Registered Limited
16        Liability Partnership Fund...................$287,000
17    Securities Investors Education Fund............$1,500,000
18    Department of Business Services
19        Special Operations Fund....................$3,000,000
20    Securities Audit and Enforcement Fund..........$3,500,000
21    Corporate Franchise Tax Refund Fund............$3,000,000
22(Source: P.A. 97-72, eff. 7-1-11; 98-24, eff. 6-19-13.)
 
23    (30 ILCS 105/6z-100 new)
24    Sec. 6z-100. Capital Development Board Revolving Fund;
25payments into and use. All monies received by the Capital

 

 

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1Development Board for publications or copies issued by the
2Board, and all monies received for contract administration
3fees, charges, or reimbursements owing to the Board shall be
4deposited into a special fund known as the Capital Development
5Board Revolving Fund, which is hereby created in the State
6treasury. The monies in this Fund shall be used by the Capital
7Development Board, as appropriated, for expenditures for
8personal services, retirement, social security, contractual
9services, legal services, travel, commodities, printing,
10equipment, electronic data processing, or telecommunications.
11Unexpended moneys in the Fund shall not be transferred or
12allocated by the Comptroller or Treasurer to any other fund,
13nor shall the Governor authorize the transfer or allocation of
14those moneys to any other fund. This Section is repealed July
151, 2016.
 
16    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
17    Sec. 8.3. Money in the Road Fund shall, if and when the
18State of Illinois incurs any bonded indebtedness for the
19construction of permanent highways, be set aside and used for
20the purpose of paying and discharging annually the principal
21and interest on that bonded indebtedness then due and payable,
22and for no other purpose. The surplus, if any, in the Road Fund
23after the payment of principal and interest on that bonded
24indebtedness then annually due shall be used as follows:
25        first -- to pay the cost of administration of Chapters

 

 

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1    2 through 10 of the Illinois Vehicle Code, except the cost
2    of administration of Articles I and II of Chapter 3 of that
3    Code; and
4        secondly -- for expenses of the Department of
5    Transportation for construction, reconstruction,
6    improvement, repair, maintenance, operation, and
7    administration of highways in accordance with the
8    provisions of laws relating thereto, or for any purpose
9    related or incident to and connected therewith, including
10    the separation of grades of those highways with railroads
11    and with highways and including the payment of awards made
12    by the Illinois Workers' Compensation Commission under the
13    terms of the Workers' Compensation Act or Workers'
14    Occupational Diseases Act for injury or death of an
15    employee of the Division of Highways in the Department of
16    Transportation; or for the acquisition of land and the
17    erection of buildings for highway purposes, including the
18    acquisition of highway right-of-way or for investigations
19    to determine the reasonably anticipated future highway
20    needs; or for making of surveys, plans, specifications and
21    estimates for and in the construction and maintenance of
22    flight strips and of highways necessary to provide access
23    to military and naval reservations, to defense industries
24    and defense-industry sites, and to the sources of raw
25    materials and for replacing existing highways and highway
26    connections shut off from general public use at military

 

 

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1    and naval reservations and defense-industry sites, or for
2    the purchase of right-of-way, except that the State shall
3    be reimbursed in full for any expense incurred in building
4    the flight strips; or for the operating and maintaining of
5    highway garages; or for patrolling and policing the public
6    highways and conserving the peace; or for the operating
7    expenses of the Department relating to the administration
8    of public transportation programs; or, during fiscal year
9    2012 only, for the purposes of a grant not to exceed
10    $8,500,000 to the Regional Transportation Authority on
11    behalf of PACE for the purpose of ADA/Para-transit
12    expenses; or, during fiscal year 2013 only, for the
13    purposes of a grant not to exceed $3,825,000 to the
14    Regional Transportation Authority on behalf of PACE for the
15    purpose of ADA/Para-transit expenses; or, during fiscal
16    year 2014 only, for the purposes of a grant not to exceed
17    $3,825,000 to the Regional Transportation Authority on
18    behalf of PACE for the purpose of ADA/Para-transit
19    expenses; or, during fiscal year 2015 only, for the
20    purposes of a grant not to exceed $3,825,000 to the
21    Regional Transportation Authority on behalf of PACE for the
22    purpose of ADA/Para-transit expenses; or for any of those
23    purposes or any other purpose that may be provided by law.
24    Appropriations for any of those purposes are payable from
25the Road Fund. Appropriations may also be made from the Road
26Fund for the administrative expenses of any State agency that

 

 

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1are related to motor vehicles or arise from the use of motor
2vehicles.
3    Beginning with fiscal year 1980 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement;
9        1. Department of Public Health;
10        2. Department of Transportation, only with respect to
11    subsidies for one-half fare Student Transportation and
12    Reduced Fare for Elderly, except during fiscal year 2012
13    only when no more than $40,000,000 may be expended and
14    except during fiscal year 2013 only when no more than
15    $17,570,300 may be expended and except during fiscal year
16    2014 only when no more than $17,570,000 may be expended and
17    except during fiscal year 2015 only when no more than
18    $17,570,000 may be expended;
19        3. Department of Central Management Services, except
20    for expenditures incurred for group insurance premiums of
21    appropriate personnel;
22        4. Judicial Systems and Agencies.
23    Beginning with fiscal year 1981 and thereafter, no Road
24Fund monies shall be appropriated to the following Departments
25or agencies of State government for administration, grants, or
26operations; but this limitation is not a restriction upon

 

 

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1appropriating for those purposes any Road Fund monies that are
2eligible for federal reimbursement:
3        1. Department of State Police, except for expenditures
4    with respect to the Division of Operations;
5        2. Department of Transportation, only with respect to
6    Intercity Rail Subsidies, except during fiscal year 2012
7    only when no more than $40,000,000 may be expended and
8    except during fiscal year 2013 only when no more than
9    $26,000,000 may be expended and except during fiscal year
10    2014 only when no more than $38,000,000 may be expended and
11    except during fiscal year 2015 only when no more than
12    $42,000,000 may be expended, and Rail Freight Services.
13    Beginning with fiscal year 1982 and thereafter, no Road
14Fund monies shall be appropriated to the following Departments
15or agencies of State government for administration, grants, or
16operations; but this limitation is not a restriction upon
17appropriating for those purposes any Road Fund monies that are
18eligible for federal reimbursement: Department of Central
19Management Services, except for awards made by the Illinois
20Workers' Compensation Commission under the terms of the
21Workers' Compensation Act or Workers' Occupational Diseases
22Act for injury or death of an employee of the Division of
23Highways in the Department of Transportation.
24    Beginning with fiscal year 1984 and thereafter, no Road
25Fund monies shall be appropriated to the following Departments
26or agencies of State government for administration, grants, or

 

 

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1operations; but this limitation is not a restriction upon
2appropriating for those purposes any Road Fund monies that are
3eligible for federal reimbursement:
4        1. Department of State Police, except not more than 40%
5    of the funds appropriated for the Division of Operations;
6        2. State Officers.
7    Beginning with fiscal year 1984 and thereafter, no Road
8Fund monies shall be appropriated to any Department or agency
9of State government for administration, grants, or operations
10except as provided hereafter; but this limitation is not a
11restriction upon appropriating for those purposes any Road Fund
12monies that are eligible for federal reimbursement. It shall
13not be lawful to circumvent the above appropriation limitations
14by governmental reorganization or other methods.
15Appropriations shall be made from the Road Fund only in
16accordance with the provisions of this Section.
17    Money in the Road Fund shall, if and when the State of
18Illinois incurs any bonded indebtedness for the construction of
19permanent highways, be set aside and used for the purpose of
20paying and discharging during each fiscal year the principal
21and interest on that bonded indebtedness as it becomes due and
22payable as provided in the Transportation Bond Act, and for no
23other purpose. The surplus, if any, in the Road Fund after the
24payment of principal and interest on that bonded indebtedness
25then annually due shall be used as follows:
26        first -- to pay the cost of administration of Chapters

 

 

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1    2 through 10 of the Illinois Vehicle Code; and
2        secondly -- no Road Fund monies derived from fees,
3    excises, or license taxes relating to registration,
4    operation and use of vehicles on public highways or to
5    fuels used for the propulsion of those vehicles, shall be
6    appropriated or expended other than for costs of
7    administering the laws imposing those fees, excises, and
8    license taxes, statutory refunds and adjustments allowed
9    thereunder, administrative costs of the Department of
10    Transportation, including, but not limited to, the
11    operating expenses of the Department relating to the
12    administration of public transportation programs, payment
13    of debts and liabilities incurred in construction and
14    reconstruction of public highways and bridges, acquisition
15    of rights-of-way for and the cost of construction,
16    reconstruction, maintenance, repair, and operation of
17    public highways and bridges under the direction and
18    supervision of the State, political subdivision, or
19    municipality collecting those monies, or during fiscal
20    year 2012 only for the purposes of a grant not to exceed
21    $8,500,000 to the Regional Transportation Authority on
22    behalf of PACE for the purpose of ADA/Para-transit
23    expenses, or during fiscal year 2013 only for the purposes
24    of a grant not to exceed $3,825,000 to the Regional
25    Transportation Authority on behalf of PACE for the purpose
26    of ADA/Para-transit expenses, or during fiscal year 2014

 

 

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1    only for the purposes of a grant not to exceed $3,825,000
2    to the Regional Transportation Authority on behalf of PACE
3    for the purpose of ADA/Para-transit expenses, or during
4    fiscal year 2015 only for the purposes of a grant not to
5    exceed $3,825,000 to the Regional Transportation Authority
6    on behalf of PACE for the purpose of ADA/Para-transit
7    expenses, and the costs for patrolling and policing the
8    public highways (by State, political subdivision, or
9    municipality collecting that money) for enforcement of
10    traffic laws. The separation of grades of such highways
11    with railroads and costs associated with protection of
12    at-grade highway and railroad crossing shall also be
13    permissible.
14    Appropriations for any of such purposes are payable from
15the Road Fund or the Grade Crossing Protection Fund as provided
16in Section 8 of the Motor Fuel Tax Law.
17    Except as provided in this paragraph, beginning with fiscal
18year 1991 and thereafter, no Road Fund monies shall be
19appropriated to the Department of State Police for the purposes
20of this Section in excess of its total fiscal year 1990 Road
21Fund appropriations for those purposes unless otherwise
22provided in Section 5g of this Act. For fiscal years 2003,
232004, 2005, 2006, and 2007 only, no Road Fund monies shall be
24appropriated to the Department of State Police for the purposes
25of this Section in excess of $97,310,000. For fiscal year 2008
26only, no Road Fund monies shall be appropriated to the

 

 

SB0220 Enrolled- 67 -LRB098 04693 OMW 34721 b

1Department of State Police for the purposes of this Section in
2excess of $106,100,000. For fiscal year 2009 only, no Road Fund
3monies shall be appropriated to the Department of State Police
4for the purposes of this Section in excess of $114,700,000.
5Beginning in fiscal year 2010, no road fund moneys shall be
6appropriated to the Department of State Police. It shall not be
7lawful to circumvent this limitation on appropriations by
8governmental reorganization or other methods unless otherwise
9provided in Section 5g of this Act.
10    In fiscal year 1994, no Road Fund monies shall be
11appropriated to the Secretary of State for the purposes of this
12Section in excess of the total fiscal year 1991 Road Fund
13appropriations to the Secretary of State for those purposes,
14plus $9,800,000. It shall not be lawful to circumvent this
15limitation on appropriations by governmental reorganization or
16other method.
17    Beginning with fiscal year 1995 and thereafter, no Road
18Fund monies shall be appropriated to the Secretary of State for
19the purposes of this Section in excess of the total fiscal year
201994 Road Fund appropriations to the Secretary of State for
21those purposes. It shall not be lawful to circumvent this
22limitation on appropriations by governmental reorganization or
23other methods.
24    Beginning with fiscal year 2000, total Road Fund
25appropriations to the Secretary of State for the purposes of
26this Section shall not exceed the amounts specified for the

 

 

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1following fiscal years:
2    Fiscal Year 2000$80,500,000;
3    Fiscal Year 2001$80,500,000;
4    Fiscal Year 2002$80,500,000;
5    Fiscal Year 2003$130,500,000;
6    Fiscal Year 2004$130,500,000;
7    Fiscal Year 2005$130,500,000;
8    Fiscal Year 2006 $130,500,000;
9    Fiscal Year 2007 $130,500,000;
10    Fiscal Year 2008$130,500,000;
11    Fiscal Year 2009 $130,500,000.
12    For fiscal year 2010, no road fund moneys shall be
13appropriated to the Secretary of State.
14    Beginning in fiscal year 2011, moneys in the Road Fund
15shall be appropriated to the Secretary of State for the
16exclusive purpose of paying refunds due to overpayment of fees
17related to Chapter 3 of the Illinois Vehicle Code unless
18otherwise provided for by law.
19    It shall not be lawful to circumvent this limitation on
20appropriations by governmental reorganization or other
21methods.
22    No new program may be initiated in fiscal year 1991 and
23thereafter that is not consistent with the limitations imposed
24by this Section for fiscal year 1984 and thereafter, insofar as
25appropriation of Road Fund monies is concerned.
26    Nothing in this Section prohibits transfers from the Road

 

 

SB0220 Enrolled- 69 -LRB098 04693 OMW 34721 b

1Fund to the State Construction Account Fund under Section 5e of
2this Act; nor to the General Revenue Fund, as authorized by
3this amendatory Act of the 93rd General Assembly.
4    The additional amounts authorized for expenditure in this
5Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
6shall be repaid to the Road Fund from the General Revenue Fund
7in the next succeeding fiscal year that the General Revenue
8Fund has a positive budgetary balance, as determined by
9generally accepted accounting principles applicable to
10government.
11    The additional amounts authorized for expenditure by the
12Secretary of State and the Department of State Police in this
13Section by this amendatory Act of the 94th General Assembly
14shall be repaid to the Road Fund from the General Revenue Fund
15in the next succeeding fiscal year that the General Revenue
16Fund has a positive budgetary balance, as determined by
17generally accepted accounting principles applicable to
18government.
19(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
20eff. 6-19-13.)
 
21    (30 ILCS 105/8g-1)
22    Sec. 8g-1. Fund FY13 fund transfers.
23    (a) In addition to any other transfers that may be provided
24for by law, on and after July 1, 2012 and until May 1, 2013, at
25the direction of and upon notification from the Governor, the

 

 

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1State Comptroller shall direct and the State Treasurer shall
2transfer amounts not exceeding a total of $80,000,000 from the
3General Revenue Fund to the Tobacco Settlement Recovery Fund.
4Any amounts so transferred shall be retransferred by the State
5Comptroller and the State Treasurer from the Tobacco Settlement
6Recovery Fund to the General Revenue Fund at the direction of
7and upon notification from the Governor, but in any event on or
8before June 30, 2013.
9    (b) In addition to any other transfers that may be provided
10for by law, on and after July 1, 2013 and until May 1, 2014, at
11the direction of and upon notification from the Governor, the
12State Comptroller shall direct and the State Treasurer shall
13transfer amounts not exceeding a total of $80,000,000 from the
14General Revenue Fund to the Tobacco Settlement Recovery Fund.
15Any amounts so transferred shall be retransferred by the State
16Comptroller and the State Treasurer from the Tobacco Settlement
17Recovery Fund to the General Revenue Fund at the direction of
18and upon notification from the Governor, but in any event on or
19before June 30, 2014.
20    (c) In addition to any other transfers that may be provided
21for by law, on July 1, 2013, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $1,400,000 from the General
24Revenue Fund to the ICJIA Violence Prevention Fund.
25    (d) In addition to any other transfers that may be provided
26for by law, on July 1, 2013, or as soon thereafter as

 

 

SB0220 Enrolled- 71 -LRB098 04693 OMW 34721 b

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $1,500,000 from the General
3Revenue Fund to the Illinois Veterans Assistance Fund.
4    (e) In addition to any other transfers that may be provided
5for by law, on July 1, 2013, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $500,000 from the General
8Revenue Fund to the Senior Citizens Real Estate Deferred Tax
9Revolving Fund.
10    (f) In addition to any other transfers that may be provided
11for by law, on July 1, 2013, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $4,000,000 from the General
14Revenue Fund to the Digital Divide Elimination Fund.
15    (g) In addition to any other transfers that may be provided
16for by law, on July 1, 2013, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $5,000,000 from the General
19Revenue Fund to the Communications Revolving Fund.
20    (h) In addition to any other transfers that may be provided
21for by law, on July 1, 2013, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $9,800,000 from the General
24Revenue Fund to the Presidential Library and Museum Operating
25Fund.
26    (i) In addition to any other transfers that may be provided

 

 

SB0220 Enrolled- 72 -LRB098 04693 OMW 34721 b

1for by law, on and after July 1, 2014 and until May 1, 2015, at
2the direction of and upon notification from the Governor, the
3State Comptroller shall direct and the State Treasurer shall
4transfer amounts not exceeding a total of $80,000,000 from the
5General Revenue Fund to the Tobacco Settlement Recovery Fund.
6Any amounts so transferred shall be retransferred by the State
7Comptroller and the State Treasurer from the Tobacco Settlement
8Recovery Fund to the General Revenue Fund at the direction of
9and upon notification from the Governor, but in any event on or
10before June 30, 2015.
11    (j) In addition to any other transfers that may be provided
12for by law, on July 1, 2014, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $10,000,000 from the
15General Revenue Fund to the Presidential Library and Museum
16Operating Fund.
17(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 
18    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
19    Sec. 13.2. Transfers among line item appropriations.
20    (a) Transfers among line item appropriations from the same
21treasury fund for the objects specified in this Section may be
22made in the manner provided in this Section when the balance
23remaining in one or more such line item appropriations is
24insufficient for the purpose for which the appropriation was
25made.

 

 

SB0220 Enrolled- 73 -LRB098 04693 OMW 34721 b

1    (a-1) No transfers may be made from one agency to another
2agency, nor may transfers be made from one institution of
3higher education to another institution of higher education
4except as provided by subsection (a-4).
5    (a-2) Except as otherwise provided in this Section,
6transfers may be made only among the objects of expenditure
7enumerated in this Section, except that no funds may be
8transferred from any appropriation for personal services, from
9any appropriation for State contributions to the State
10Employees' Retirement System, from any separate appropriation
11for employee retirement contributions paid by the employer, nor
12from any appropriation for State contribution for employee
13group insurance. During State fiscal year 2005, an agency may
14transfer amounts among its appropriations within the same
15treasury fund for personal services, employee retirement
16contributions paid by employer, and State Contributions to
17retirement systems; notwithstanding and in addition to the
18transfers authorized in subsection (c) of this Section, the
19fiscal year 2005 transfers authorized in this sentence may be
20made in an amount not to exceed 2% of the aggregate amount
21appropriated to an agency within the same treasury fund. During
22State fiscal year 2007, the Departments of Children and Family
23Services, Corrections, Human Services, and Juvenile Justice
24may transfer amounts among their respective appropriations
25within the same treasury fund for personal services, employee
26retirement contributions paid by employer, and State

 

 

SB0220 Enrolled- 74 -LRB098 04693 OMW 34721 b

1contributions to retirement systems. During State fiscal year
22010, the Department of Transportation may transfer amounts
3among their respective appropriations within the same treasury
4fund for personal services, employee retirement contributions
5paid by employer, and State contributions to retirement
6systems. During State fiscal years 2010 and 2014 only, an
7agency may transfer amounts among its respective
8appropriations within the same treasury fund for personal
9services, employee retirement contributions paid by employer,
10and State contributions to retirement systems.
11Notwithstanding, and in addition to, the transfers authorized
12in subsection (c) of this Section, these transfers may be made
13in an amount not to exceed 2% of the aggregate amount
14appropriated to an agency within the same treasury fund.
15    (a-2.5) During State fiscal year 2015 only, the State's
16Attorneys Appellate Prosecutor may transfer amounts among its
17respective appropriations contained in operational line items
18within the same treasury fund. Notwithstanding, and in addition
19to, the transfers authorized in subsection (c) of this Section,
20these transfers may be made in an amount not to exceed 4% of
21the aggregate amount appropriated to the State's Attorneys
22Appellate Prosecutor within the same treasury fund.
23    (a-3) Further, if an agency receives a separate
24appropriation for employee retirement contributions paid by
25the employer, any transfer by that agency into an appropriation
26for personal services must be accompanied by a corresponding

 

 

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1transfer into the appropriation for employee retirement
2contributions paid by the employer, in an amount sufficient to
3meet the employer share of the employee contributions required
4to be remitted to the retirement system.
5    (a-4) Long-Term Care Rebalancing. The Governor may
6designate amounts set aside for institutional services
7appropriated from the General Revenue Fund or any other State
8fund that receives monies for long-term care services to be
9transferred to all State agencies responsible for the
10administration of community-based long-term care programs,
11including, but not limited to, community-based long-term care
12programs administered by the Department of Healthcare and
13Family Services, the Department of Human Services, and the
14Department on Aging, provided that the Director of Healthcare
15and Family Services first certifies that the amounts being
16transferred are necessary for the purpose of assisting persons
17in or at risk of being in institutional care to transition to
18community-based settings, including the financial data needed
19to prove the need for the transfer of funds. The total amounts
20transferred shall not exceed 4% in total of the amounts
21appropriated from the General Revenue Fund or any other State
22fund that receives monies for long-term care services for each
23fiscal year. A notice of the fund transfer must be made to the
24General Assembly and posted at a minimum on the Department of
25Healthcare and Family Services website, the Governor's Office
26of Management and Budget website, and any other website the

 

 

SB0220 Enrolled- 76 -LRB098 04693 OMW 34721 b

1Governor sees fit. These postings shall serve as notice to the
2General Assembly of the amounts to be transferred. Notice shall
3be given at least 30 days prior to transfer.
4    (b) In addition to the general transfer authority provided
5under subsection (c), the following agencies have the specific
6transfer authority granted in this subsection:
7    The Department of Healthcare and Family Services is
8authorized to make transfers representing savings attributable
9to not increasing grants due to the births of additional
10children from line items for payments of cash grants to line
11items for payments for employment and social services for the
12purposes outlined in subsection (f) of Section 4-2 of the
13Illinois Public Aid Code.
14    The Department of Children and Family Services is
15authorized to make transfers not exceeding 2% of the aggregate
16amount appropriated to it within the same treasury fund for the
17following line items among these same line items: Foster Home
18and Specialized Foster Care and Prevention, Institutions and
19Group Homes and Prevention, and Purchase of Adoption and
20Guardianship Services.
21    The Department on Aging is authorized to make transfers not
22exceeding 2% of the aggregate amount appropriated to it within
23the same treasury fund for the following Community Care Program
24line items among these same line items: purchase of services
25covered by the Community Care Program and Comprehensive Case
26Coordination.

 

 

SB0220 Enrolled- 77 -LRB098 04693 OMW 34721 b

1    The State Treasurer is authorized to make transfers among
2line item appropriations from the Capital Litigation Trust
3Fund, with respect to costs incurred in fiscal years 2002 and
42003 only, when the balance remaining in one or more such line
5item appropriations is insufficient for the purpose for which
6the appropriation was made, provided that no such transfer may
7be made unless the amount transferred is no longer required for
8the purpose for which that appropriation was made.
9    The State Board of Education is authorized to make
10transfers from line item appropriations within the same
11treasury fund for General State Aid and General State Aid -
12Hold Harmless, provided that no such transfer may be made
13unless the amount transferred is no longer required for the
14purpose for which that appropriation was made, to the line item
15appropriation for Transitional Assistance when the balance
16remaining in such line item appropriation is insufficient for
17the purpose for which the appropriation was made.
18    The State Board of Education is authorized to make
19transfers between the following line item appropriations
20within the same treasury fund: Disabled Student
21Services/Materials (Section 14-13.01 of the School Code),
22Disabled Student Transportation Reimbursement (Section
2314-13.01 of the School Code), Disabled Student Tuition -
24Private Tuition (Section 14-7.02 of the School Code),
25Extraordinary Special Education (Section 14-7.02b of the
26School Code), Reimbursement for Free Lunch/Breakfast Program,

 

 

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1Summer School Payments (Section 18-4.3 of the School Code), and
2Transportation - Regular/Vocational Reimbursement (Section
329-5 of the School Code). Such transfers shall be made only
4when the balance remaining in one or more such line item
5appropriations is insufficient for the purpose for which the
6appropriation was made and provided that no such transfer may
7be made unless the amount transferred is no longer required for
8the purpose for which that appropriation was made.
9    The Department of Healthcare and Family Services is
10authorized to make transfers not exceeding 4% of the aggregate
11amount appropriated to it, within the same treasury fund, among
12the various line items appropriated for Medical Assistance.
13    (c) The sum of such transfers for an agency in a fiscal
14year shall not exceed 2% of the aggregate amount appropriated
15to it within the same treasury fund for the following objects:
16Personal Services; Extra Help; Student and Inmate
17Compensation; State Contributions to Retirement Systems; State
18Contributions to Social Security; State Contribution for
19Employee Group Insurance; Contractual Services; Travel;
20Commodities; Printing; Equipment; Electronic Data Processing;
21Operation of Automotive Equipment; Telecommunications
22Services; Travel and Allowance for Committed, Paroled and
23Discharged Prisoners; Library Books; Federal Matching Grants
24for Student Loans; Refunds; Workers' Compensation,
25Occupational Disease, and Tort Claims; and, in appropriations
26to institutions of higher education, Awards and Grants.

 

 

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1Notwithstanding the above, any amounts appropriated for
2payment of workers' compensation claims to an agency to which
3the authority to evaluate, administer and pay such claims has
4been delegated by the Department of Central Management Services
5may be transferred to any other expenditure object where such
6amounts exceed the amount necessary for the payment of such
7claims.
8    (c-1) Special provisions for State fiscal year 2003.
9Notwithstanding any other provision of this Section to the
10contrary, for State fiscal year 2003 only, transfers among line
11item appropriations to an agency from the same treasury fund
12may be made provided that the sum of such transfers for an
13agency in State fiscal year 2003 shall not exceed 3% of the
14aggregate amount appropriated to that State agency for State
15fiscal year 2003 for the following objects: personal services,
16except that no transfer may be approved which reduces the
17aggregate appropriations for personal services within an
18agency; extra help; student and inmate compensation; State
19contributions to retirement systems; State contributions to
20social security; State contributions for employee group
21insurance; contractual services; travel; commodities;
22printing; equipment; electronic data processing; operation of
23automotive equipment; telecommunications services; travel and
24allowance for committed, paroled, and discharged prisoners;
25library books; federal matching grants for student loans;
26refunds; workers' compensation, occupational disease, and tort

 

 

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1claims; and, in appropriations to institutions of higher
2education, awards and grants.
3    (c-2) Special provisions for State fiscal year 2005.
4Notwithstanding subsections (a), (a-2), and (c), for State
5fiscal year 2005 only, transfers may be made among any line
6item appropriations from the same or any other treasury fund
7for any objects or purposes, without limitation, when the
8balance remaining in one or more such line item appropriations
9is insufficient for the purpose for which the appropriation was
10made, provided that the sum of those transfers by a State
11agency shall not exceed 4% of the aggregate amount appropriated
12to that State agency for fiscal year 2005.
13    (d) Transfers among appropriations made to agencies of the
14Legislative and Judicial departments and to the
15constitutionally elected officers in the Executive branch
16require the approval of the officer authorized in Section 10 of
17this Act to approve and certify vouchers. Transfers among
18appropriations made to the University of Illinois, Southern
19Illinois University, Chicago State University, Eastern
20Illinois University, Governors State University, Illinois
21State University, Northeastern Illinois University, Northern
22Illinois University, Western Illinois University, the Illinois
23Mathematics and Science Academy and the Board of Higher
24Education require the approval of the Board of Higher Education
25and the Governor. Transfers among appropriations to all other
26agencies require the approval of the Governor.

 

 

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1    The officer responsible for approval shall certify that the
2transfer is necessary to carry out the programs and purposes
3for which the appropriations were made by the General Assembly
4and shall transmit to the State Comptroller a certified copy of
5the approval which shall set forth the specific amounts
6transferred so that the Comptroller may change his records
7accordingly. The Comptroller shall furnish the Governor with
8information copies of all transfers approved for agencies of
9the Legislative and Judicial departments and transfers
10approved by the constitutionally elected officials of the
11Executive branch other than the Governor, showing the amounts
12transferred and indicating the dates such changes were entered
13on the Comptroller's records.
14    (e) The State Board of Education, in consultation with the
15State Comptroller, may transfer line item appropriations for
16General State Aid between the Common School Fund and the
17Education Assistance Fund. With the advice and consent of the
18Governor's Office of Management and Budget, the State Board of
19Education, in consultation with the State Comptroller, may
20transfer line item appropriations between the General Revenue
21Fund and the Education Assistance Fund for the following
22programs:
23        (1) Disabled Student Personnel Reimbursement (Section
24    14-13.01 of the School Code);
25        (2) Disabled Student Transportation Reimbursement
26    (subsection (b) of Section 14-13.01 of the School Code);

 

 

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1        (3) Disabled Student Tuition - Private Tuition
2    (Section 14-7.02 of the School Code);
3        (4) Extraordinary Special Education (Section 14-7.02b
4    of the School Code);
5        (5) Reimbursement for Free Lunch/Breakfast Programs;
6        (6) Summer School Payments (Section 18-4.3 of the
7    School Code);
8        (7) Transportation - Regular/Vocational Reimbursement
9    (Section 29-5 of the School Code);
10        (8) Regular Education Reimbursement (Section 18-3 of
11    the School Code); and
12        (9) Special Education Reimbursement (Section 14-7.03
13    of the School Code).
14(Source: P.A. 97-689, eff. 7-1-12; 98-24, eff. 6-19-13.)
 
15    Section 20-15. The State Revenue Sharing Act is amended by
16changing Section 12 as follows:
 
17    (30 ILCS 115/12)  (from Ch. 85, par. 616)
18    Sec. 12. Personal Property Tax Replacement Fund. There is
19hereby created the Personal Property Tax Replacement Fund, a
20special fund in the State Treasury into which shall be paid all
21revenue realized:
22    (a) all amounts realized from the additional personal
23property tax replacement income tax imposed by subsections (c)
24and (d) of Section 201 of the Illinois Income Tax Act, except

 

 

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1for those amounts deposited into the Income Tax Refund Fund
2pursuant to subsection (c) of Section 901 of the Illinois
3Income Tax Act; and
4    (b) all amounts realized from the additional personal
5property replacement invested capital taxes imposed by Section
62a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
7Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
8Section 3 of the Water Company Invested Capital Tax Act, and
9amounts payable to the Department of Revenue under the
10Telecommunications Infrastructure Maintenance Fee Act.
11    As soon as may be after the end of each month, the
12Department of Revenue shall certify to the Treasurer and the
13Comptroller the amount of all refunds paid out of the General
14Revenue Fund through the preceding month on account of
15overpayment of liability on taxes paid into the Personal
16Property Tax Replacement Fund. Upon receipt of such
17certification, the Treasurer and the Comptroller shall
18transfer the amount so certified from the Personal Property Tax
19Replacement Fund into the General Revenue Fund.
20    The payments of revenue into the Personal Property Tax
21Replacement Fund shall be used exclusively for distribution to
22taxing districts, regional offices and officials, and local
23officials as provided in this Section and in the School Code,
24payment of the ordinary and contingent expenses of the Property
25Tax Appeal Board, payment of the expenses of the Department of
26Revenue incurred in administering the collection and

 

 

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1distribution of monies paid into the Personal Property Tax
2Replacement Fund and transfers due to refunds to taxpayers for
3overpayment of liability for taxes paid into the Personal
4Property Tax Replacement Fund.
5    In addition, moneys in the Personal Property Tax
6Replacement Fund may be used to pay any of the following: (i)
7salary, stipends, and additional compensation as provided by
8law for chief election clerks, county clerks, and county
9recorders; (ii) costs associated with regional offices of
10education and educational service centers; (iii)
11reimbursements payable by the State Board of Elections under
12Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
13Election Code; and (iv) expenses of the Illinois Educational
14Labor Relations Board; and (v) salary, personal services, and
15additional compensation as provided by law for court reporters
16under the Court Reporters Act.
17    As soon as may be after the effective date of this
18amendatory Act of 1980, the Department of Revenue shall certify
19to the Treasurer the amount of net replacement revenue paid
20into the General Revenue Fund prior to that effective date from
21the additional tax imposed by Section 2a.1 of the Messages Tax
22Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
23the Public Utilities Revenue Act; Section 3 of the Water
24Company Invested Capital Tax Act; amounts collected by the
25Department of Revenue under the Telecommunications
26Infrastructure Maintenance Fee Act; and the additional

 

 

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1personal property tax replacement income tax imposed by the
2Illinois Income Tax Act, as amended by Public Act 81-1st
3Special Session-1. Net replacement revenue shall be defined as
4the total amount paid into and remaining in the General Revenue
5Fund as a result of those Acts minus the amount outstanding and
6obligated from the General Revenue Fund in state vouchers or
7warrants prior to the effective date of this amendatory Act of
81980 as refunds to taxpayers for overpayment of liability under
9those Acts.
10    All interest earned by monies accumulated in the Personal
11Property Tax Replacement Fund shall be deposited in such Fund.
12All amounts allocated pursuant to this Section are appropriated
13on a continuing basis.
14    Prior to December 31, 1980, as soon as may be after the end
15of each quarter beginning with the quarter ending December 31,
161979, and on and after December 31, 1980, as soon as may be
17after January 1, March 1, April 1, May 1, July 1, August 1,
18October 1 and December 1 of each year, the Department of
19Revenue shall allocate to each taxing district as defined in
20Section 1-150 of the Property Tax Code, in accordance with the
21provisions of paragraph (2) of this Section the portion of the
22funds held in the Personal Property Tax Replacement Fund which
23is required to be distributed, as provided in paragraph (1),
24for each quarter. Provided, however, under no circumstances
25shall any taxing district during each of the first two years of
26distribution of the taxes imposed by this amendatory Act of

 

 

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11979 be entitled to an annual allocation which is less than the
2funds such taxing district collected from the 1978 personal
3property tax. Provided further that under no circumstances
4shall any taxing district during the third year of distribution
5of the taxes imposed by this amendatory Act of 1979 receive
6less than 60% of the funds such taxing district collected from
7the 1978 personal property tax. In the event that the total of
8the allocations made as above provided for all taxing
9districts, during either of such 3 years, exceeds the amount
10available for distribution the allocation of each taxing
11district shall be proportionately reduced. Except as provided
12in Section 13 of this Act, the Department shall then certify,
13pursuant to appropriation, such allocations to the State
14Comptroller who shall pay over to the several taxing districts
15the respective amounts allocated to them.
16    Any township which receives an allocation based in whole or
17in part upon personal property taxes which it levied pursuant
18to Section 6-507 or 6-512 of the Illinois Highway Code and
19which was previously required to be paid over to a municipality
20shall immediately pay over to that municipality a proportionate
21share of the personal property replacement funds which such
22township receives.
23    Any municipality or township, other than a municipality
24with a population in excess of 500,000, which receives an
25allocation based in whole or in part on personal property taxes
26which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the

 

 

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1Illinois Local Library Act and which was previously required to
2be paid over to a public library shall immediately pay over to
3that library a proportionate share of the personal property tax
4replacement funds which such municipality or township
5receives; provided that if such a public library has converted
6to a library organized under The Illinois Public Library
7District Act, regardless of whether such conversion has
8occurred on, after or before January 1, 1988, such
9proportionate share shall be immediately paid over to the
10library district which maintains and operates the library.
11However, any library that has converted prior to January 1,
121988, and which hitherto has not received the personal property
13tax replacement funds, shall receive such funds commencing on
14January 1, 1988.
15    Any township which receives an allocation based in whole or
16in part on personal property taxes which it levied pursuant to
17Section 1c of the Public Graveyards Act and which taxes were
18previously required to be paid over to or used for such public
19cemetery or cemeteries shall immediately pay over to or use for
20such public cemetery or cemeteries a proportionate share of the
21personal property tax replacement funds which the township
22receives.
23    Any taxing district which receives an allocation based in
24whole or in part upon personal property taxes which it levied
25for another governmental body or school district in Cook County
26in 1976 or for another governmental body or school district in

 

 

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1the remainder of the State in 1977 shall immediately pay over
2to that governmental body or school district the amount of
3personal property replacement funds which such governmental
4body or school district would receive directly under the
5provisions of paragraph (2) of this Section, had it levied its
6own taxes.
7        (1) The portion of the Personal Property Tax
8    Replacement Fund required to be distributed as of the time
9    allocation is required to be made shall be the amount
10    available in such Fund as of the time allocation is
11    required to be made.
12        The amount available for distribution shall be the
13    total amount in the fund at such time minus the necessary
14    administrative and other authorized expenses as limited by
15    the appropriation and the amount determined by: (a) $2.8
16    million for fiscal year 1981; (b) for fiscal year 1982,
17    .54% of the funds distributed from the fund during the
18    preceding fiscal year; (c) for fiscal year 1983 through
19    fiscal year 1988, .54% of the funds distributed from the
20    fund during the preceding fiscal year less .02% of such
21    fund for fiscal year 1983 and less .02% of such funds for
22    each fiscal year thereafter; (d) for fiscal year 1989
23    through fiscal year 2011 no more than 105% of the actual
24    administrative expenses of the prior fiscal year; (e) for
25    fiscal year 2012 and beyond, a sufficient amount to pay (i)
26    stipends, additional compensation, salary reimbursements,

 

 

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1    and other amounts directed to be paid out of this Fund for
2    local officials as authorized or required by statute and
3    (ii) no more than 105% of the actual administrative
4    expenses of the prior fiscal year, including payment of the
5    ordinary and contingent expenses of the Property Tax Appeal
6    Board and payment of the expenses of the Department of
7    Revenue incurred in administering the collection and
8    distribution of moneys paid into the Fund; or (f) for
9    fiscal years 2012 and 2013 only, a sufficient amount to pay
10    stipends, additional compensation, salary reimbursements,
11    and other amounts directed to be paid out of this Fund for
12    regional offices and officials as authorized or required by
13    statute. Such portion of the fund shall be determined after
14    the transfer into the General Revenue Fund due to refunds,
15    if any, paid from the General Revenue Fund during the
16    preceding quarter. If at any time, for any reason, there is
17    insufficient amount in the Personal Property Tax
18    Replacement Fund for payments for regional offices and
19    officials or local officials or payment of costs of
20    administration or for transfers due to refunds at the end
21    of any particular month, the amount of such insufficiency
22    shall be carried over for the purposes of payments for
23    regional offices and officials, local officials, transfers
24    into the General Revenue Fund, and costs of administration
25    to the following month or months. Net replacement revenue
26    held, and defined above, shall be transferred by the

 

 

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1    Treasurer and Comptroller to the Personal Property Tax
2    Replacement Fund within 10 days of such certification.
3        (2) Each quarterly allocation shall first be
4    apportioned in the following manner: 51.65% for taxing
5    districts in Cook County and 48.35% for taxing districts in
6    the remainder of the State.
7    The Personal Property Replacement Ratio of each taxing
8district outside Cook County shall be the ratio which the Tax
9Base of that taxing district bears to the Downstate Tax Base.
10The Tax Base of each taxing district outside of Cook County is
11the personal property tax collections for that taxing district
12for the 1977 tax year. The Downstate Tax Base is the personal
13property tax collections for all taxing districts in the State
14outside of Cook County for the 1977 tax year. The Department of
15Revenue shall have authority to review for accuracy and
16completeness the personal property tax collections for each
17taxing district outside Cook County for the 1977 tax year.
18    The Personal Property Replacement Ratio of each Cook County
19taxing district shall be the ratio which the Tax Base of that
20taxing district bears to the Cook County Tax Base. The Tax Base
21of each Cook County taxing district is the personal property
22tax collections for that taxing district for the 1976 tax year.
23The Cook County Tax Base is the personal property tax
24collections for all taxing districts in Cook County for the
251976 tax year. The Department of Revenue shall have authority
26to review for accuracy and completeness the personal property

 

 

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1tax collections for each taxing district within Cook County for
2the 1976 tax year.
3    For all purposes of this Section 12, amounts paid to a
4taxing district for such tax years as may be applicable by a
5foreign corporation under the provisions of Section 7-202 of
6the Public Utilities Act, as amended, shall be deemed to be
7personal property taxes collected by such taxing district for
8such tax years as may be applicable. The Director shall
9determine from the Illinois Commerce Commission, for any tax
10year as may be applicable, the amounts so paid by any such
11foreign corporation to any and all taxing districts. The
12Illinois Commerce Commission shall furnish such information to
13the Director. For all purposes of this Section 12, the Director
14shall deem such amounts to be collected personal property taxes
15of each such taxing district for the applicable tax year or
16years.
17    Taxing districts located both in Cook County and in one or
18more other counties shall receive both a Cook County allocation
19and a Downstate allocation determined in the same way as all
20other taxing districts.
21    If any taxing district in existence on July 1, 1979 ceases
22to exist, or discontinues its operations, its Tax Base shall
23thereafter be deemed to be zero. If the powers, duties and
24obligations of the discontinued taxing district are assumed by
25another taxing district, the Tax Base of the discontinued
26taxing district shall be added to the Tax Base of the taxing

 

 

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1district assuming such powers, duties and obligations.
2    If two or more taxing districts in existence on July 1,
31979, or a successor or successors thereto shall consolidate
4into one taxing district, the Tax Base of such consolidated
5taxing district shall be the sum of the Tax Bases of each of
6the taxing districts which have consolidated.
7    If a single taxing district in existence on July 1, 1979,
8or a successor or successors thereto shall be divided into two
9or more separate taxing districts, the tax base of the taxing
10district so divided shall be allocated to each of the resulting
11taxing districts in proportion to the then current equalized
12assessed value of each resulting taxing district.
13    If a portion of the territory of a taxing district is
14disconnected and annexed to another taxing district of the same
15type, the Tax Base of the taxing district from which
16disconnection was made shall be reduced in proportion to the
17then current equalized assessed value of the disconnected
18territory as compared with the then current equalized assessed
19value within the entire territory of the taxing district prior
20to disconnection, and the amount of such reduction shall be
21added to the Tax Base of the taxing district to which
22annexation is made.
23    If a community college district is created after July 1,
241979, beginning on the effective date of this amendatory Act of
251995, its Tax Base shall be 3.5% of the sum of the personal
26property tax collected for the 1977 tax year within the

 

 

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1territorial jurisdiction of the district.
2    The amounts allocated and paid to taxing districts pursuant
3to the provisions of this amendatory Act of 1979 shall be
4deemed to be substitute revenues for the revenues derived from
5taxes imposed on personal property pursuant to the provisions
6of the "Revenue Act of 1939" or "An Act for the assessment and
7taxation of private car line companies", approved July 22,
81943, as amended, or Section 414 of the Illinois Insurance
9Code, prior to the abolition of such taxes and shall be used
10for the same purposes as the revenues derived from ad valorem
11taxes on real estate.
12    Monies received by any taxing districts from the Personal
13Property Tax Replacement Fund shall be first applied toward
14payment of the proportionate amount of debt service which was
15previously levied and collected from extensions against
16personal property on bonds outstanding as of December 31, 1978
17and next applied toward payment of the proportionate share of
18the pension or retirement obligations of the taxing district
19which were previously levied and collected from extensions
20against personal property. For each such outstanding bond
21issue, the County Clerk shall determine the percentage of the
22debt service which was collected from extensions against real
23estate in the taxing district for 1978 taxes payable in 1979,
24as related to the total amount of such levies and collections
25from extensions against both real and personal property. For
261979 and subsequent years' taxes, the County Clerk shall levy

 

 

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1and extend taxes against the real estate of each taxing
2district which will yield the said percentage or percentages of
3the debt service on such outstanding bonds. The balance of the
4amount necessary to fully pay such debt service shall
5constitute a first and prior lien upon the monies received by
6each such taxing district through the Personal Property Tax
7Replacement Fund and shall be first applied or set aside for
8such purpose. In counties having fewer than 3,000,000
9inhabitants, the amendments to this paragraph as made by this
10amendatory Act of 1980 shall be first applicable to 1980 taxes
11to be collected in 1981.
12(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
1397-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 
14    Section 20-20. The General Obligation Bond Act is amended
15by changing Section 13 as follows:
 
16    (30 ILCS 330/13)  (from Ch. 127, par. 663)
17    Sec. 13. Appropriation of Proceeds from Sale of Bonds.
18    (a) At all times, the proceeds from the sale of Bonds
19issued pursuant to this Act are subject to appropriation by the
20General Assembly and, except as provided in Section 7.2, may be
21obligated or expended only with the written approval of the
22Governor, in such amounts, at such times, and for such purposes
23as the respective State agencies, as defined in Section 1-7 of
24the Illinois State Auditing Act, as amended, deem necessary or

 

 

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1desirable for the specific purposes contemplated in Sections 2
2through 8 of this Act. Notwithstanding any other provision of
3this Act, proceeds from the sale of Bonds issued pursuant to
4this Act appropriated by the General Assembly to the Architect
5of the Capitol may be obligated or expended by the Architect of
6the Capitol without the written approval of the Governor.
7    (b) Proceeds from the sale of Bonds for the purpose of
8development of coal and alternative forms of energy shall be
9expended in such amounts and at such times as the Department of
10Commerce and Economic Opportunity, with the advice and
11recommendation of the Illinois Coal Development Board for coal
12development projects, may deem necessary and desirable for the
13specific purpose contemplated by Section 7 of this Act. In
14considering the approval of projects to be funded, the
15Department of Commerce and Economic Opportunity shall give
16special consideration to projects designed to remove sulfur and
17other pollutants in the preparation and utilization of coal,
18and in the use and operation of electric utility generating
19plants and industrial facilities which utilize Illinois coal as
20their primary source of fuel.
21    (c) Except as directed in subsection (c-1) or (c-2), any
22monies received by any officer or employee of the state
23representing a reimbursement of expenditures previously paid
24from general obligation bond proceeds shall be deposited into
25the General Obligation Bond Retirement and Interest Fund
26authorized in Section 14 of this Act.

 

 

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1    (c-1) Any money received by the Department of
2Transportation as reimbursement for expenditures for high
3speed rail purposes pursuant to appropriations from the
4Transportation Bond, Series B Fund for (i) CREATE (Chicago
5Region Environmental and Transportation Efficiency), (ii) High
6Speed Rail, or (iii) AMTRAK projects authorized by the federal
7government under the provisions of the American Recovery and
8Reinvestment Act of 2009 or the Safe Accountable Flexible
9Efficient Transportation Equity Act—A Legacy for Users
10(SAFETEA-LU), or any successor federal transportation
11authorization Act, shall be deposited into the Federal High
12Speed Rail Trust Fund.
13    (c-2) Any money received by the Department of
14Transportation as reimbursement for expenditures for transit
15capital purposes pursuant to appropriations from the
16Transportation Bond, Series B Fund for projects authorized by
17the federal government under the provisions of the American
18Recovery and Reinvestment Act of 2009 or the Safe Accountable
19Flexible Efficient Transportation Equity Act—A Legacy for
20Users (SAFETEA-LU), or any successor federal transportation
21authorization Act, shall be deposited into the Federal Mass
22Transit Trust Fund.
23(Source: P.A. 96-1488, eff. 12-30-10.)
 
24    Section 20-25. The Build Illinois Bond Act is amended by
25changing Section 17 as follows:
 

 

 

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1    (30 ILCS 425/17)  (from Ch. 127, par. 2817)
2    Sec. 17. Investment of Money Not Needed for Current
3Expenditures - Application of Earnings. (a) The State Treasurer
4may, with the Governor's approval, invest and reinvest any
5moneys on deposit in the Build Illinois Bond Fund and the Build
6Illinois Bond Retirement and Interest Fund in the State
7Treasury which are not needed for current expenditures due or
8about to become due from such funds. Earnings or interest
9income from investments in the Build Illinois Bond Fund shall
10be deposited by the State Treasurer in the General Revenue
11Fund. Earnings or interest income from investments in the Build
12Illinois Bond Retirement and Interest Fund shall be deposited
13in the Build Illinois Bond Retirement and Interest Fund. Upon
14the direction of the Governor or his authorized representative,
15the State Treasurer and Comptroller shall transfer from the
16Build Illinois Bond Retirement and Interest Fund all such
17earnings or interest income derived from investments in the
18Build Illinois Bond Retirement and Interest Fund to the trustee
19under the Master Indenture.
20    (b) Moneys in the Build Illinois Bond Fund may be invested
21as permitted in "An Act in relation to State moneys", approved
22June 28, 1919, as amended, and in "An Act relating to certain
23investments of public funds by public agencies", approved July
2423, 1943, as amended. Moneys on deposit in the Build Illinois
25Bond Retirement and Interest Fund may be invested in securities

 

 

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1constituting direct obligations of the United States
2Government, or in obligations the principal of and interest on
3which are guaranteed by the United States Government, or in
4certificates of deposit of any state or national bank which are
5fully secured by obligations of, or guaranteed as to principal
6and interest by, the United States Government. Moneys on
7deposit with indenture trustees shall be invested in accordance
8with the above laws and the provisions of the respective
9indentures.
10(Source: P.A. 84-111.)
 
11    Section 20-30. The Illinois Grant Funds Recovery Act is
12amended by changing Section 4.2 as follows:
 
13    (30 ILCS 705/4.2)
14    Sec. 4.2. Suspension of grant making authority. Any grant
15funds and any grant program administered by a grantor agency
16subject to this Act are indefinitely suspended on July 1, 2015
17June 30, 2014, and on July 1st of every 5th year thereafter,
18unless the General Assembly, by law, authorizes that grantor
19agency to make grants or lifts the suspension of the
20authorization of that grantor agency to make grants. In the
21case of a suspension of the authorization of a grantor agency
22to make grants, the authority of that grantor agency to make
23grants is suspended until the suspension is explicitly lifted
24by law by the General Assembly, even if an appropriation has

 

 

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1been made for the explicit purpose of such grants. This
2suspension of grant making authority supersedes any other law
3or rule to the contrary.
4(Source: P.A. 97-732, eff. 6-30-12; 97-1144, eff. 12-28-12;
598-24, eff. 6-19-13.)
 
6    Section 20-35. The Private Colleges and Universities
7Capital Distribution Formula Act is amended by changing Section
825-10 as follows:
 
9    (30 ILCS 769/25-10)
10    Sec. 25-10. Distribution. This Act creates a distribution
11formula for funds appropriated from the Build Illinois Bond
12Fund to the Capital Development Board for the Illinois Board of
13Higher Education for grants to various private colleges and
14universities.
15    Funds appropriated for this purpose shall be distributed by
16the Illinois Board of Higher Education through a formula to
17independent colleges that have been given operational approval
18by the Illinois Board of Higher Education as of the Fall 2008
19term. The distribution formula shall have 2 components: a base
20grant portion of the appropriation and an FTE grant portion of
21the appropriation. Each independent college shall be awarded
22both a base grant portion of the appropriation and an FTE grant
23portion of the appropriation.
24    The Illinois Board of Higher Education shall distribute

 

 

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1moneys appropriated for this purpose to independent colleges
2based on the following base grant criteria: for each
3independent college reporting between 1 and 200 FTE a base
4grant of $200,000 shall be awarded; for each independent
5college reporting between 201 and 500 FTE a base grant of
6$1,000,000 shall be awarded; for each independent college
7reporting between 501 and 4,000 FTE a base grant of $2,000,000
8shall be awarded; and for each independent college reporting
94,001 or more FTE a base grant of $5,000,000 shall be awarded.
10    The remainder of the moneys appropriated for this purpose
11shall be distributed by the Illinois Board of Higher Education
12to each independent college on a per capita basis as determined
13by the independent college's FTE as reported by the Illinois
14Board of Higher Education's most recent fall FTE report.
15    Each independent college shall have up to 10 5 years from
16the date of appropriation to access and utilize its awarded
17amounts. If any independent college does not utilize its full
18award or a portion thereof after 10 5 years, the remaining
19funds shall be re-distributed to other independent colleges on
20an FTE basis.
21(Source: P.A. 96-37, eff. 7-13-09.)
 
22    Section 20-40. The Illinois Income Tax Act is amended by
23changing Section 901 as follows:
 
24    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)

 

 

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1    Sec. 901. Collection Authority.
2    (a) In general.
3    The Department shall collect the taxes imposed by this Act.
4The Department shall collect certified past due child support
5amounts under Section 2505-650 of the Department of Revenue Law
6(20 ILCS 2505/2505-650). Except as provided in subsections (c),
7(e), (f), and (g) of this Section, money collected pursuant to
8subsections (a) and (b) of Section 201 of this Act shall be
9paid into the General Revenue Fund in the State treasury; money
10collected pursuant to subsections (c) and (d) of Section 201 of
11this Act shall be paid into the Personal Property Tax
12Replacement Fund, a special fund in the State Treasury; and
13money collected under Section 2505-650 of the Department of
14Revenue Law (20 ILCS 2505/2505-650) shall be paid into the
15Child Support Enforcement Trust Fund, a special fund outside
16the State Treasury, or to the State Disbursement Unit
17established under Section 10-26 of the Illinois Public Aid
18Code, as directed by the Department of Healthcare and Family
19Services.
20    (b) Local Government Distributive Fund.
21    Beginning August 1, 1969, and continuing through June 30,
221994, the Treasurer shall transfer each month from the General
23Revenue Fund to a special fund in the State treasury, to be
24known as the "Local Government Distributive Fund", an amount
25equal to 1/12 of the net revenue realized from the tax imposed
26by subsections (a) and (b) of Section 201 of this Act during

 

 

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1the preceding month. Beginning July 1, 1994, and continuing
2through June 30, 1995, the Treasurer shall transfer each month
3from the General Revenue Fund to the Local Government
4Distributive Fund an amount equal to 1/11 of the net revenue
5realized from the tax imposed by subsections (a) and (b) of
6Section 201 of this Act during the preceding month. Beginning
7July 1, 1995 and continuing through January 31, 2011, the
8Treasurer shall transfer each month from the General Revenue
9Fund to the Local Government Distributive Fund an amount equal
10to the net of (i) 1/10 of the net revenue realized from the tax
11imposed by subsections (a) and (b) of Section 201 of the
12Illinois Income Tax Act during the preceding month (ii) minus,
13beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
14and beginning July 1, 2004, zero. Beginning February 1, 2011,
15and continuing through January 31, 2015, the Treasurer shall
16transfer each month from the General Revenue Fund to the Local
17Government Distributive Fund an amount equal to the sum of (i)
186% (10% of the ratio of the 3% individual income tax rate prior
19to 2011 to the 5% individual income tax rate after 2010) of the
20net revenue realized from the tax imposed by subsections (a)
21and (b) of Section 201 of this Act upon individuals, trusts,
22and estates during the preceding month and (ii) 6.86% (10% of
23the ratio of the 4.8% corporate income tax rate prior to 2011
24to the 7% corporate income tax rate after 2010) of the net
25revenue realized from the tax imposed by subsections (a) and
26(b) of Section 201 of this Act upon corporations during the

 

 

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1preceding month. Beginning February 1, 2015 and continuing
2through January 31, 2025, the Treasurer shall transfer each
3month from the General Revenue Fund to the Local Government
4Distributive Fund an amount equal to the sum of (i) 8% (10% of
5the ratio of the 3% individual income tax rate prior to 2011 to
6the 3.75% individual income tax rate after 2014) of the net
7revenue realized from the tax imposed by subsections (a) and
8(b) of Section 201 of this Act upon individuals, trusts, and
9estates during the preceding month and (ii) 9.14% (10% of the
10ratio of the 4.8% corporate income tax rate prior to 2011 to
11the 5.25% corporate income tax rate after 2014) of the net
12revenue realized from the tax imposed by subsections (a) and
13(b) of Section 201 of this Act upon corporations during the
14preceding month. Beginning February 1, 2025, the Treasurer
15shall transfer each month from the General Revenue Fund to the
16Local Government Distributive Fund an amount equal to the sum
17of (i) 9.23% (10% of the ratio of the 3% individual income tax
18rate prior to 2011 to the 3.25% individual income tax rate
19after 2024) of the net revenue realized from the tax imposed by
20subsections (a) and (b) of Section 201 of this Act upon
21individuals, trusts, and estates during the preceding month and
22(ii) 10% of the net revenue realized from the tax imposed by
23subsections (a) and (b) of Section 201 of this Act upon
24corporations during the preceding month. Net revenue realized
25for a month shall be defined as the revenue from the tax
26imposed by subsections (a) and (b) of Section 201 of this Act

 

 

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1which is deposited in the General Revenue Fund, the Education
2Assistance Fund, the Income Tax Surcharge Local Government
3Distributive Fund, the Fund for the Advancement of Education,
4and the Commitment to Human Services Fund during the month
5minus the amount paid out of the General Revenue Fund in State
6warrants during that same month as refunds to taxpayers for
7overpayment of liability under the tax imposed by subsections
8(a) and (b) of Section 201 of this Act.
9    (c) Deposits Into Income Tax Refund Fund.
10        (1) Beginning on January 1, 1989 and thereafter, the
11    Department shall deposit a percentage of the amounts
12    collected pursuant to subsections (a) and (b)(1), (2), and
13    (3), of Section 201 of this Act into a fund in the State
14    treasury known as the Income Tax Refund Fund. The
15    Department shall deposit 6% of such amounts during the
16    period beginning January 1, 1989 and ending on June 30,
17    1989. Beginning with State fiscal year 1990 and for each
18    fiscal year thereafter, the percentage deposited into the
19    Income Tax Refund Fund during a fiscal year shall be the
20    Annual Percentage. For fiscal years 1999 through 2001, the
21    Annual Percentage shall be 7.1%. For fiscal year 2003, the
22    Annual Percentage shall be 8%. For fiscal year 2004, the
23    Annual Percentage shall be 11.7%. Upon the effective date
24    of this amendatory Act of the 93rd General Assembly, the
25    Annual Percentage shall be 10% for fiscal year 2005. For
26    fiscal year 2006, the Annual Percentage shall be 9.75%. For

 

 

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1    fiscal year 2007, the Annual Percentage shall be 9.75%. For
2    fiscal year 2008, the Annual Percentage shall be 7.75%. For
3    fiscal year 2009, the Annual Percentage shall be 9.75%. For
4    fiscal year 2010, the Annual Percentage shall be 9.75%. For
5    fiscal year 2011, the Annual Percentage shall be 8.75%. For
6    fiscal year 2012, the Annual Percentage shall be 8.75%. For
7    fiscal year 2013, the Annual Percentage shall be 9.75%. For
8    fiscal year 2014, the Annual Percentage shall be 9.5%. For
9    fiscal year 2015, the Annual Percentage shall be 10%. For
10    all other fiscal years, the Annual Percentage shall be
11    calculated as a fraction, the numerator of which shall be
12    the amount of refunds approved for payment by the
13    Department during the preceding fiscal year as a result of
14    overpayment of tax liability under subsections (a) and
15    (b)(1), (2), and (3) of Section 201 of this Act plus the
16    amount of such refunds remaining approved but unpaid at the
17    end of the preceding fiscal year, minus the amounts
18    transferred into the Income Tax Refund Fund from the
19    Tobacco Settlement Recovery Fund, and the denominator of
20    which shall be the amounts which will be collected pursuant
21    to subsections (a) and (b)(1), (2), and (3) of Section 201
22    of this Act during the preceding fiscal year; except that
23    in State fiscal year 2002, the Annual Percentage shall in
24    no event exceed 7.6%. The Director of Revenue shall certify
25    the Annual Percentage to the Comptroller on the last
26    business day of the fiscal year immediately preceding the

 

 

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1    fiscal year for which it is to be effective.
2        (2) Beginning on January 1, 1989 and thereafter, the
3    Department shall deposit a percentage of the amounts
4    collected pursuant to subsections (a) and (b)(6), (7), and
5    (8), (c) and (d) of Section 201 of this Act into a fund in
6    the State treasury known as the Income Tax Refund Fund. The
7    Department shall deposit 18% of such amounts during the
8    period beginning January 1, 1989 and ending on June 30,
9    1989. Beginning with State fiscal year 1990 and for each
10    fiscal year thereafter, the percentage deposited into the
11    Income Tax Refund Fund during a fiscal year shall be the
12    Annual Percentage. For fiscal years 1999, 2000, and 2001,
13    the Annual Percentage shall be 19%. For fiscal year 2003,
14    the Annual Percentage shall be 27%. For fiscal year 2004,
15    the Annual Percentage shall be 32%. Upon the effective date
16    of this amendatory Act of the 93rd General Assembly, the
17    Annual Percentage shall be 24% for fiscal year 2005. For
18    fiscal year 2006, the Annual Percentage shall be 20%. For
19    fiscal year 2007, the Annual Percentage shall be 17.5%. For
20    fiscal year 2008, the Annual Percentage shall be 15.5%. For
21    fiscal year 2009, the Annual Percentage shall be 17.5%. For
22    fiscal year 2010, the Annual Percentage shall be 17.5%. For
23    fiscal year 2011, the Annual Percentage shall be 17.5%. For
24    fiscal year 2012, the Annual Percentage shall be 17.5%. For
25    fiscal year 2013, the Annual Percentage shall be 14%. For
26    fiscal year 2014, the Annual Percentage shall be 13.4%. For

 

 

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1    fiscal year 2015, the Annual Percentage shall be 14%. For
2    all other fiscal years, the Annual Percentage shall be
3    calculated as a fraction, the numerator of which shall be
4    the amount of refunds approved for payment by the
5    Department during the preceding fiscal year as a result of
6    overpayment of tax liability under subsections (a) and
7    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
8    Act plus the amount of such refunds remaining approved but
9    unpaid at the end of the preceding fiscal year, and the
10    denominator of which shall be the amounts which will be
11    collected pursuant to subsections (a) and (b)(6), (7), and
12    (8), (c) and (d) of Section 201 of this Act during the
13    preceding fiscal year; except that in State fiscal year
14    2002, the Annual Percentage shall in no event exceed 23%.
15    The Director of Revenue shall certify the Annual Percentage
16    to the Comptroller on the last business day of the fiscal
17    year immediately preceding the fiscal year for which it is
18    to be effective.
19        (3) The Comptroller shall order transferred and the
20    Treasurer shall transfer from the Tobacco Settlement
21    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
22    in January, 2001, (ii) $35,000,000 in January, 2002, and
23    (iii) $35,000,000 in January, 2003.
24    (d) Expenditures from Income Tax Refund Fund.
25        (1) Beginning January 1, 1989, money in the Income Tax
26    Refund Fund shall be expended exclusively for the purpose

 

 

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1    of paying refunds resulting from overpayment of tax
2    liability under Section 201 of this Act, for paying rebates
3    under Section 208.1 in the event that the amounts in the
4    Homeowners' Tax Relief Fund are insufficient for that
5    purpose, and for making transfers pursuant to this
6    subsection (d).
7        (2) The Director shall order payment of refunds
8    resulting from overpayment of tax liability under Section
9    201 of this Act from the Income Tax Refund Fund only to the
10    extent that amounts collected pursuant to Section 201 of
11    this Act and transfers pursuant to this subsection (d) and
12    item (3) of subsection (c) have been deposited and retained
13    in the Fund.
14        (3) As soon as possible after the end of each fiscal
15    year, the Director shall order transferred and the State
16    Treasurer and State Comptroller shall transfer from the
17    Income Tax Refund Fund to the Personal Property Tax
18    Replacement Fund an amount, certified by the Director to
19    the Comptroller, equal to the excess of the amount
20    collected pursuant to subsections (c) and (d) of Section
21    201 of this Act deposited into the Income Tax Refund Fund
22    during the fiscal year over the amount of refunds resulting
23    from overpayment of tax liability under subsections (c) and
24    (d) of Section 201 of this Act paid from the Income Tax
25    Refund Fund during the fiscal year.
26        (4) As soon as possible after the end of each fiscal

 

 

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1    year, the Director shall order transferred and the State
2    Treasurer and State Comptroller shall transfer from the
3    Personal Property Tax Replacement Fund to the Income Tax
4    Refund Fund an amount, certified by the Director to the
5    Comptroller, equal to the excess of the amount of refunds
6    resulting from overpayment of tax liability under
7    subsections (c) and (d) of Section 201 of this Act paid
8    from the Income Tax Refund Fund during the fiscal year over
9    the amount collected pursuant to subsections (c) and (d) of
10    Section 201 of this Act deposited into the Income Tax
11    Refund Fund during the fiscal year.
12        (4.5) As soon as possible after the end of fiscal year
13    1999 and of each fiscal year thereafter, the Director shall
14    order transferred and the State Treasurer and State
15    Comptroller shall transfer from the Income Tax Refund Fund
16    to the General Revenue Fund any surplus remaining in the
17    Income Tax Refund Fund as of the end of such fiscal year;
18    excluding for fiscal years 2000, 2001, and 2002 amounts
19    attributable to transfers under item (3) of subsection (c)
20    less refunds resulting from the earned income tax credit.
21        (5) This Act shall constitute an irrevocable and
22    continuing appropriation from the Income Tax Refund Fund
23    for the purpose of paying refunds upon the order of the
24    Director in accordance with the provisions of this Section.
25    (e) Deposits into the Education Assistance Fund and the
26Income Tax Surcharge Local Government Distributive Fund.

 

 

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1    On July 1, 1991, and thereafter, of the amounts collected
2pursuant to subsections (a) and (b) of Section 201 of this Act,
3minus deposits into the Income Tax Refund Fund, the Department
4shall deposit 7.3% into the Education Assistance Fund in the
5State Treasury. Beginning July 1, 1991, and continuing through
6January 31, 1993, of the amounts collected pursuant to
7subsections (a) and (b) of Section 201 of the Illinois Income
8Tax Act, minus deposits into the Income Tax Refund Fund, the
9Department shall deposit 3.0% into the Income Tax Surcharge
10Local Government Distributive Fund in the State Treasury.
11Beginning February 1, 1993 and continuing through June 30,
121993, of the amounts collected pursuant to subsections (a) and
13(b) of Section 201 of the Illinois Income Tax Act, minus
14deposits into the Income Tax Refund Fund, the Department shall
15deposit 4.4% into the Income Tax Surcharge Local Government
16Distributive Fund in the State Treasury. Beginning July 1,
171993, and continuing through June 30, 1994, of the amounts
18collected under subsections (a) and (b) of Section 201 of this
19Act, minus deposits into the Income Tax Refund Fund, the
20Department shall deposit 1.475% into the Income Tax Surcharge
21Local Government Distributive Fund in the State Treasury.
22    (f) Deposits into the Fund for the Advancement of
23Education. Beginning February 1, 2015, the Department shall
24deposit the following portions of the revenue realized from the
25tax imposed upon individuals, trusts, and estates by
26subsections (a) and (b) of Section 201 of this Act during the

 

 

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1preceding month, minus deposits into the Income Tax Refund
2Fund, into the Fund for the Advancement of Education:
3        (1) beginning February 1, 2015, and prior to February
4    1, 2025, 1/30; and
5        (2) beginning February 1, 2025, 1/26.
6    If the rate of tax imposed by subsection (a) and (b) of
7Section 201 is reduced pursuant to Section 201.5 of this Act,
8the Department shall not make the deposits required by this
9subsection (f) on or after the effective date of the reduction.
10    (g) Deposits into the Commitment to Human Services Fund.
11Beginning February 1, 2015, the Department shall deposit the
12following portions of the revenue realized from the tax imposed
13upon individuals, trusts, and estates by subsections (a) and
14(b) of Section 201 of this Act during the preceding month,
15minus deposits into the Income Tax Refund Fund, into the
16Commitment to Human Services Fund:
17        (1) beginning February 1, 2015, and prior to February
18    1, 2025, 1/30; and
19        (2) beginning February 1, 2025, 1/26.
20    If the rate of tax imposed by subsection (a) and (b) of
21Section 201 is reduced pursuant to Section 201.5 of this Act,
22the Department shall not make the deposits required by this
23subsection (g) on or after the effective date of the reduction.
24(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
25eff. 6-19-13.)
 

 

 

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1    Section 20-45. The Motor Fuel Tax Law is amended by
2changing Section 8 as follows:
 
3    (35 ILCS 505/8)  (from Ch. 120, par. 424)
4    Sec. 8. Except as provided in Section 8a, subdivision
5(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
616 of Section 15, all money received by the Department under
7this Act, including payments made to the Department by member
8jurisdictions participating in the International Fuel Tax
9Agreement, shall be deposited in a special fund in the State
10treasury, to be known as the "Motor Fuel Tax Fund", and shall
11be used as follows:
12    (a) 2 1/2 cents per gallon of the tax collected on special
13fuel under paragraph (b) of Section 2 and Section 13a of this
14Act shall be transferred to the State Construction Account Fund
15in the State Treasury;
16    (b) $420,000 shall be transferred each month to the State
17Boating Act Fund to be used by the Department of Natural
18Resources for the purposes specified in Article X of the Boat
19Registration and Safety Act;
20    (c) $3,500,000 shall be transferred each month to the Grade
21Crossing Protection Fund to be used as follows: not less than
22$12,000,000 each fiscal year shall be used for the construction
23or reconstruction of rail highway grade separation structures;
24$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
25fiscal year 2010 and each fiscal year thereafter shall be

 

 

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1transferred to the Transportation Regulatory Fund and shall be
2accounted for as part of the rail carrier portion of such funds
3and shall be used to pay the cost of administration of the
4Illinois Commerce Commission's railroad safety program in
5connection with its duties under subsection (3) of Section
618c-7401 of the Illinois Vehicle Code, with the remainder to be
7used by the Department of Transportation upon order of the
8Illinois Commerce Commission, to pay that part of the cost
9apportioned by such Commission to the State to cover the
10interest of the public in the use of highways, roads, streets,
11or pedestrian walkways in the county highway system, township
12and district road system, or municipal street system as defined
13in the Illinois Highway Code, as the same may from time to time
14be amended, for separation of grades, for installation,
15construction or reconstruction of crossing protection or
16reconstruction, alteration, relocation including construction
17or improvement of any existing highway necessary for access to
18property or improvement of any grade crossing and grade
19crossing surface including the necessary highway approaches
20thereto of any railroad across the highway or public road, or
21for the installation, construction, reconstruction, or
22maintenance of a pedestrian walkway over or under a railroad
23right-of-way, as provided for in and in accordance with Section
2418c-7401 of the Illinois Vehicle Code. The Commission may order
25up to $2,000,000 per year in Grade Crossing Protection Fund
26moneys for the improvement of grade crossing surfaces and up to

 

 

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1$300,000 per year for the maintenance and renewal of 4-quadrant
2gate vehicle detection systems located at non-high speed rail
3grade crossings. The Commission shall not order more than
4$2,000,000 per year in Grade Crossing Protection Fund moneys
5for pedestrian walkways. In entering orders for projects for
6which payments from the Grade Crossing Protection Fund will be
7made, the Commission shall account for expenditures authorized
8by the orders on a cash rather than an accrual basis. For
9purposes of this requirement an "accrual basis" assumes that
10the total cost of the project is expended in the fiscal year in
11which the order is entered, while a "cash basis" allocates the
12cost of the project among fiscal years as expenditures are
13actually made. To meet the requirements of this subsection, the
14Illinois Commerce Commission shall develop annual and 5-year
15project plans of rail crossing capital improvements that will
16be paid for with moneys from the Grade Crossing Protection
17Fund. The annual project plan shall identify projects for the
18succeeding fiscal year and the 5-year project plan shall
19identify projects for the 5 directly succeeding fiscal years.
20The Commission shall submit the annual and 5-year project plans
21for this Fund to the Governor, the President of the Senate, the
22Senate Minority Leader, the Speaker of the House of
23Representatives, and the Minority Leader of the House of
24Representatives on the first Wednesday in April of each year;
25    (d) of the amount remaining after allocations provided for
26in subsections (a), (b) and (c), a sufficient amount shall be

 

 

SB0220 Enrolled- 115 -LRB098 04693 OMW 34721 b

1reserved to pay all of the following:
2        (1) the costs of the Department of Revenue in
3    administering this Act;
4        (2) the costs of the Department of Transportation in
5    performing its duties imposed by the Illinois Highway Code
6    for supervising the use of motor fuel tax funds apportioned
7    to municipalities, counties and road districts;
8        (3) refunds provided for in Section 13, refunds for
9    overpayment of decal fees paid under Section 13a.4 of this
10    Act, and refunds provided for under the terms of the
11    International Fuel Tax Agreement referenced in Section
12    14a;
13        (4) from October 1, 1985 until June 30, 1994, the
14    administration of the Vehicle Emissions Inspection Law,
15    which amount shall be certified monthly by the
16    Environmental Protection Agency to the State Comptroller
17    and shall promptly be transferred by the State Comptroller
18    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
19    Inspection Fund, and for the period July 1, 1994 through
20    June 30, 2000, one-twelfth of $25,000,000 each month, for
21    the period July 1, 2000 through June 30, 2003, one-twelfth
22    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
23    and $15,000,000 on January 1, 2004, and $15,000,000 on each
24    July 1 and October 1, or as soon thereafter as may be
25    practical, during the period July 1, 2004 through June 30,
26    2012, and $30,000,000 on June 1, 2013, or as soon

 

 

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1    thereafter as may be practical, and $15,000,000 on July 1
2    and October 1, or as soon thereafter as may be practical,
3    during the period of July 1, 2013 through June 30, 2015
4    2014, for the administration of the Vehicle Emissions
5    Inspection Law of 2005, to be transferred by the State
6    Comptroller and Treasurer from the Motor Fuel Tax Fund into
7    the Vehicle Inspection Fund;
8        (5) amounts ordered paid by the Court of Claims; and
9        (6) payment of motor fuel use taxes due to member
10    jurisdictions under the terms of the International Fuel Tax
11    Agreement. The Department shall certify these amounts to
12    the Comptroller by the 15th day of each month; the
13    Comptroller shall cause orders to be drawn for such
14    amounts, and the Treasurer shall administer those amounts
15    on or before the last day of each month;
16    (e) after allocations for the purposes set forth in
17subsections (a), (b), (c) and (d), the remaining amount shall
18be apportioned as follows:
19        (1) Until January 1, 2000, 58.4%, and beginning January
20    1, 2000, 45.6% shall be deposited as follows:
21            (A) 37% into the State Construction Account Fund,
22        and
23            (B) 63% into the Road Fund, $1,250,000 of which
24        shall be reserved each month for the Department of
25        Transportation to be used in accordance with the
26        provisions of Sections 6-901 through 6-906 of the

 

 

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1        Illinois Highway Code;
2        (2) Until January 1, 2000, 41.6%, and beginning January
3    1, 2000, 54.4% shall be transferred to the Department of
4    Transportation to be distributed as follows:
5            (A) 49.10% to the municipalities of the State,
6            (B) 16.74% to the counties of the State having
7        1,000,000 or more inhabitants,
8            (C) 18.27% to the counties of the State having less
9        than 1,000,000 inhabitants,
10            (D) 15.89% to the road districts of the State.
11    As soon as may be after the first day of each month the
12Department of Transportation shall allot to each municipality
13its share of the amount apportioned to the several
14municipalities which shall be in proportion to the population
15of such municipalities as determined by the last preceding
16municipal census if conducted by the Federal Government or
17Federal census. If territory is annexed to any municipality
18subsequent to the time of the last preceding census the
19corporate authorities of such municipality may cause a census
20to be taken of such annexed territory and the population so
21ascertained for such territory shall be added to the population
22of the municipality as determined by the last preceding census
23for the purpose of determining the allotment for that
24municipality. If the population of any municipality was not
25determined by the last Federal census preceding any
26apportionment, the apportionment to such municipality shall be

 

 

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1in accordance with any census taken by such municipality. Any
2municipal census used in accordance with this Section shall be
3certified to the Department of Transportation by the clerk of
4such municipality, and the accuracy thereof shall be subject to
5approval of the Department which may make such corrections as
6it ascertains to be necessary.
7    As soon as may be after the first day of each month the
8Department of Transportation shall allot to each county its
9share of the amount apportioned to the several counties of the
10State as herein provided. Each allotment to the several
11counties having less than 1,000,000 inhabitants shall be in
12proportion to the amount of motor vehicle license fees received
13from the residents of such counties, respectively, during the
14preceding calendar year. The Secretary of State shall, on or
15before April 15 of each year, transmit to the Department of
16Transportation a full and complete report showing the amount of
17motor vehicle license fees received from the residents of each
18county, respectively, during the preceding calendar year. The
19Department of Transportation shall, each month, use for
20allotment purposes the last such report received from the
21Secretary of State.
22    As soon as may be after the first day of each month, the
23Department of Transportation shall allot to the several
24counties their share of the amount apportioned for the use of
25road districts. The allotment shall be apportioned among the
26several counties in the State in the proportion which the total

 

 

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1mileage of township or district roads in the respective
2counties bears to the total mileage of all township and
3district roads in the State. Funds allotted to the respective
4counties for the use of road districts therein shall be
5allocated to the several road districts in the county in the
6proportion which the total mileage of such township or district
7roads in the respective road districts bears to the total
8mileage of all such township or district roads in the county.
9After July 1 of any year prior to 2011, no allocation shall be
10made for any road district unless it levied a tax for road and
11bridge purposes in an amount which will require the extension
12of such tax against the taxable property in any such road
13district at a rate of not less than either .08% of the value
14thereof, based upon the assessment for the year immediately
15prior to the year in which such tax was levied and as equalized
16by the Department of Revenue or, in DuPage County, an amount
17equal to or greater than $12,000 per mile of road under the
18jurisdiction of the road district, whichever is less. Beginning
19July 1, 2011 and each July 1 thereafter, an allocation shall be
20made for any road district if it levied a tax for road and
21bridge purposes. In counties other than DuPage County, if the
22amount of the tax levy requires the extension of the tax
23against the taxable property in the road district at a rate
24that is less than 0.08% of the value thereof, based upon the
25assessment for the year immediately prior to the year in which
26the tax was levied and as equalized by the Department of

 

 

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1Revenue, then the amount of the allocation for that road
2district shall be a percentage of the maximum allocation equal
3to the percentage obtained by dividing the rate extended by the
4district by 0.08%. In DuPage County, if the amount of the tax
5levy requires the extension of the tax against the taxable
6property in the road district at a rate that is less than the
7lesser of (i) 0.08% of the value of the taxable property in the
8road district, based upon the assessment for the year
9immediately prior to the year in which such tax was levied and
10as equalized by the Department of Revenue, or (ii) a rate that
11will yield an amount equal to $12,000 per mile of road under
12the jurisdiction of the road district, then the amount of the
13allocation for the road district shall be a percentage of the
14maximum allocation equal to the percentage obtained by dividing
15the rate extended by the district by the lesser of (i) 0.08% or
16(ii) the rate that will yield an amount equal to $12,000 per
17mile of road under the jurisdiction of the road district.
18    Prior to 2011, if any road district has levied a special
19tax for road purposes pursuant to Sections 6-601, 6-602 and
206-603 of the Illinois Highway Code, and such tax was levied in
21an amount which would require extension at a rate of not less
22than .08% of the value of the taxable property thereof, as
23equalized or assessed by the Department of Revenue, or, in
24DuPage County, an amount equal to or greater than $12,000 per
25mile of road under the jurisdiction of the road district,
26whichever is less, such levy shall, however, be deemed a proper

 

 

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1compliance with this Section and shall qualify such road
2district for an allotment under this Section. Beginning in 2011
3and thereafter, if any road district has levied a special tax
4for road purposes under Sections 6-601, 6-602, and 6-603 of the
5Illinois Highway Code, and the tax was levied in an amount that
6would require extension at a rate of not less than 0.08% of the
7value of the taxable property of that road district, as
8equalized or assessed by the Department of Revenue or, in
9DuPage County, an amount equal to or greater than $12,000 per
10mile of road under the jurisdiction of the road district,
11whichever is less, that levy shall be deemed a proper
12compliance with this Section and shall qualify such road
13district for a full, rather than proportionate, allotment under
14this Section. If the levy for the special tax is less than
150.08% of the value of the taxable property, or, in DuPage
16County if the levy for the special tax is less than the lesser
17of (i) 0.08% or (ii) $12,000 per mile of road under the
18jurisdiction of the road district, and if the levy for the
19special tax is more than any other levy for road and bridge
20purposes, then the levy for the special tax qualifies the road
21district for a proportionate, rather than full, allotment under
22this Section. If the levy for the special tax is equal to or
23less than any other levy for road and bridge purposes, then any
24allotment under this Section shall be determined by the other
25levy for road and bridge purposes.
26    Prior to 2011, if a township has transferred to the road

 

 

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1and bridge fund money which, when added to the amount of any
2tax levy of the road district would be the equivalent of a tax
3levy requiring extension at a rate of at least .08%, or, in
4DuPage County, an amount equal to or greater than $12,000 per
5mile of road under the jurisdiction of the road district,
6whichever is less, such transfer, together with any such tax
7levy, shall be deemed a proper compliance with this Section and
8shall qualify the road district for an allotment under this
9Section.
10    In counties in which a property tax extension limitation is
11imposed under the Property Tax Extension Limitation Law, road
12districts may retain their entitlement to a motor fuel tax
13allotment or, beginning in 2011, their entitlement to a full
14allotment if, at the time the property tax extension limitation
15was imposed, the road district was levying a road and bridge
16tax at a rate sufficient to entitle it to a motor fuel tax
17allotment and continues to levy the maximum allowable amount
18after the imposition of the property tax extension limitation.
19Any road district may in all circumstances retain its
20entitlement to a motor fuel tax allotment or, beginning in
212011, its entitlement to a full allotment if it levied a road
22and bridge tax in an amount that will require the extension of
23the tax against the taxable property in the road district at a
24rate of not less than 0.08% of the assessed value of the
25property, based upon the assessment for the year immediately
26preceding the year in which the tax was levied and as equalized

 

 

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1by the Department of Revenue or, in DuPage County, an amount
2equal to or greater than $12,000 per mile of road under the
3jurisdiction of the road district, whichever is less.
4    As used in this Section the term "road district" means any
5road district, including a county unit road district, provided
6for by the Illinois Highway Code; and the term "township or
7district road" means any road in the township and district road
8system as defined in the Illinois Highway Code. For the
9purposes of this Section, "township or district road" also
10includes such roads as are maintained by park districts, forest
11preserve districts and conservation districts. The Department
12of Transportation shall determine the mileage of all township
13and district roads for the purposes of making allotments and
14allocations of motor fuel tax funds for use in road districts.
15    Payment of motor fuel tax moneys to municipalities and
16counties shall be made as soon as possible after the allotment
17is made. The treasurer of the municipality or county may invest
18these funds until their use is required and the interest earned
19by these investments shall be limited to the same uses as the
20principal funds.
21(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
22eff. 6-19-13.)
 
23    Section 20-50. The Illinois Pension Code is amended by
24changing Section 16-158 as follows:
 

 

 

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1    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
2    (Text of Section before amendment by P.A. 98-599)
3    Sec. 16-158. Contributions by State and other employing
4units.
5    (a) The State shall make contributions to the System by
6means of appropriations from the Common School Fund and other
7State funds of amounts which, together with other employer
8contributions, employee contributions, investment income, and
9other income, will be sufficient to meet the cost of
10maintaining and administering the System on a 90% funded basis
11in accordance with actuarial recommendations.
12    The Board shall determine the amount of State contributions
13required for each fiscal year on the basis of the actuarial
14tables and other assumptions adopted by the Board and the
15recommendations of the actuary, using the formula in subsection
16(b-3).
17    (a-1) Annually, on or before November 15 until November 15,
182011, the Board shall certify to the Governor the amount of the
19required State contribution for the coming fiscal year. The
20certification under this subsection (a-1) shall include a copy
21of the actuarial recommendations upon which it is based and
22shall specifically identify the System's projected State
23normal cost for that fiscal year.
24    On or before May 1, 2004, the Board shall recalculate and
25recertify to the Governor the amount of the required State
26contribution to the System for State fiscal year 2005, taking

 

 

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1into account the amounts appropriated to and received by the
2System under subsection (d) of Section 7.2 of the General
3Obligation Bond Act.
4    On or before July 1, 2005, the Board shall recalculate and
5recertify to the Governor the amount of the required State
6contribution to the System for State fiscal year 2006, taking
7into account the changes in required State contributions made
8by this amendatory Act of the 94th General Assembly.
9    On or before April 1, 2011, the Board shall recalculate and
10recertify to the Governor the amount of the required State
11contribution to the System for State fiscal year 2011, applying
12the changes made by Public Act 96-889 to the System's assets
13and liabilities as of June 30, 2009 as though Public Act 96-889
14was approved on that date.
15    (a-5) On or before November 1 of each year, beginning
16November 1, 2012, the Board shall submit to the State Actuary,
17the Governor, and the General Assembly a proposed certification
18of the amount of the required State contribution to the System
19for the next fiscal year, along with all of the actuarial
20assumptions, calculations, and data upon which that proposed
21certification is based. On or before January 1 of each year,
22beginning January 1, 2013, the State Actuary shall issue a
23preliminary report concerning the proposed certification and
24identifying, if necessary, recommended changes in actuarial
25assumptions that the Board must consider before finalizing its
26certification of the required State contributions. On or before

 

 

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1January 15, 2013 and each January 15 thereafter, the Board
2shall certify to the Governor and the General Assembly the
3amount of the required State contribution for the next fiscal
4year. The Board's certification must note any deviations from
5the State Actuary's recommended changes, the reason or reasons
6for not following the State Actuary's recommended changes, and
7the fiscal impact of not following the State Actuary's
8recommended changes on the required State contribution.
9    (b) Through State fiscal year 1995, the State contributions
10shall be paid to the System in accordance with Section 18-7 of
11the School Code.
12    (b-1) Beginning in State fiscal year 1996, on the 15th day
13of each month, or as soon thereafter as may be practicable, the
14Board shall submit vouchers for payment of State contributions
15to the System, in a total monthly amount of one-twelfth of the
16required annual State contribution certified under subsection
17(a-1). From the effective date of this amendatory Act of the
1893rd General Assembly through June 30, 2004, the Board shall
19not submit vouchers for the remainder of fiscal year 2004 in
20excess of the fiscal year 2004 certified contribution amount
21determined under this Section after taking into consideration
22the transfer to the System under subsection (a) of Section
236z-61 of the State Finance Act. These vouchers shall be paid by
24the State Comptroller and Treasurer by warrants drawn on the
25funds appropriated to the System for that fiscal year.
26    If in any month the amount remaining unexpended from all

 

 

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1other appropriations to the System for the applicable fiscal
2year (including the appropriations to the System under Section
38.12 of the State Finance Act and Section 1 of the State
4Pension Funds Continuing Appropriation Act) is less than the
5amount lawfully vouchered under this subsection, the
6difference shall be paid from the Common School Fund under the
7continuing appropriation authority provided in Section 1.1 of
8the State Pension Funds Continuing Appropriation Act.
9    (b-2) Allocations from the Common School Fund apportioned
10to school districts not coming under this System shall not be
11diminished or affected by the provisions of this Article.
12    (b-3) For State fiscal years 2012 through 2045, the minimum
13contribution to the System to be made by the State for each
14fiscal year shall be an amount determined by the System to be
15sufficient to bring the total assets of the System up to 90% of
16the total actuarial liabilities of the System by the end of
17State fiscal year 2045. In making these determinations, the
18required State contribution shall be calculated each year as a
19level percentage of payroll over the years remaining to and
20including fiscal year 2045 and shall be determined under the
21projected unit credit actuarial cost method.
22    For State fiscal years 1996 through 2005, the State
23contribution to the System, as a percentage of the applicable
24employee payroll, shall be increased in equal annual increments
25so that by State fiscal year 2011, the State is contributing at
26the rate required under this Section; except that in the

 

 

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1following specified State fiscal years, the State contribution
2to the System shall not be less than the following indicated
3percentages of the applicable employee payroll, even if the
4indicated percentage will produce a State contribution in
5excess of the amount otherwise required under this subsection
6and subsection (a), and notwithstanding any contrary
7certification made under subsection (a-1) before the effective
8date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
9in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
102003; and 13.56% in FY 2004.
11    Notwithstanding any other provision of this Article, the
12total required State contribution for State fiscal year 2006 is
13$534,627,700.
14    Notwithstanding any other provision of this Article, the
15total required State contribution for State fiscal year 2007 is
16$738,014,500.
17    For each of State fiscal years 2008 through 2009, the State
18contribution to the System, as a percentage of the applicable
19employee payroll, shall be increased in equal annual increments
20from the required State contribution for State fiscal year
212007, so that by State fiscal year 2011, the State is
22contributing at the rate otherwise required under this Section.
23    Notwithstanding any other provision of this Article, the
24total required State contribution for State fiscal year 2010 is
25$2,089,268,000 and shall be made from the proceeds of bonds
26sold in fiscal year 2010 pursuant to Section 7.2 of the General

 

 

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1Obligation Bond Act, less (i) the pro rata share of bond sale
2expenses determined by the System's share of total bond
3proceeds, (ii) any amounts received from the Common School Fund
4in fiscal year 2010, and (iii) any reduction in bond proceeds
5due to the issuance of discounted bonds, if applicable.
6    Notwithstanding any other provision of this Article, the
7total required State contribution for State fiscal year 2011 is
8the amount recertified by the System on or before April 1, 2011
9pursuant to subsection (a-1) of this Section and shall be made
10from the proceeds of bonds sold in fiscal year 2011 pursuant to
11Section 7.2 of the General Obligation Bond Act, less (i) the
12pro rata share of bond sale expenses determined by the System's
13share of total bond proceeds, (ii) any amounts received from
14the Common School Fund in fiscal year 2011, and (iii) any
15reduction in bond proceeds due to the issuance of discounted
16bonds, if applicable. This amount shall include, in addition to
17the amount certified by the System, an amount necessary to meet
18employer contributions required by the State as an employer
19under paragraph (e) of this Section, which may also be used by
20the System for contributions required by paragraph (a) of
21Section 16-127.
22    Beginning in State fiscal year 2046, the minimum State
23contribution for each fiscal year shall be the amount needed to
24maintain the total assets of the System at 90% of the total
25actuarial liabilities of the System.
26    Amounts received by the System pursuant to Section 25 of

 

 

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1the Budget Stabilization Act or Section 8.12 of the State
2Finance Act in any fiscal year do not reduce and do not
3constitute payment of any portion of the minimum State
4contribution required under this Article in that fiscal year.
5Such amounts shall not reduce, and shall not be included in the
6calculation of, the required State contributions under this
7Article in any future year until the System has reached a
8funding ratio of at least 90%. A reference in this Article to
9the "required State contribution" or any substantially similar
10term does not include or apply to any amounts payable to the
11System under Section 25 of the Budget Stabilization Act.
12    Notwithstanding any other provision of this Section, the
13required State contribution for State fiscal year 2005 and for
14fiscal year 2008 and each fiscal year thereafter, as calculated
15under this Section and certified under subsection (a-1), shall
16not exceed an amount equal to (i) the amount of the required
17State contribution that would have been calculated under this
18Section for that fiscal year if the System had not received any
19payments under subsection (d) of Section 7.2 of the General
20Obligation Bond Act, minus (ii) the portion of the State's
21total debt service payments for that fiscal year on the bonds
22issued in fiscal year 2003 for the purposes of that Section
237.2, as determined and certified by the Comptroller, that is
24the same as the System's portion of the total moneys
25distributed under subsection (d) of Section 7.2 of the General
26Obligation Bond Act. In determining this maximum for State

 

 

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1fiscal years 2008 through 2010, however, the amount referred to
2in item (i) shall be increased, as a percentage of the
3applicable employee payroll, in equal increments calculated
4from the sum of the required State contribution for State
5fiscal year 2007 plus the applicable portion of the State's
6total debt service payments for fiscal year 2007 on the bonds
7issued in fiscal year 2003 for the purposes of Section 7.2 of
8the General Obligation Bond Act, so that, by State fiscal year
92011, the State is contributing at the rate otherwise required
10under this Section.
11    (c) Payment of the required State contributions and of all
12pensions, retirement annuities, death benefits, refunds, and
13other benefits granted under or assumed by this System, and all
14expenses in connection with the administration and operation
15thereof, are obligations of the State.
16    If members are paid from special trust or federal funds
17which are administered by the employing unit, whether school
18district or other unit, the employing unit shall pay to the
19System from such funds the full accruing retirement costs based
20upon that service, which, beginning July 1, 2014, shall be at a
21rate, expressed as a percentage of salary, equal to the total
22minimum contribution to the System to be made by the State for
23that fiscal year, including both normal cost and unfunded
24liability components, expressed as a percentage of payroll, as
25determined by the System under subsection (b-3) of this
26Section. Employer contributions, based on salary paid to

 

 

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1members from federal funds, may be forwarded by the
2distributing agency of the State of Illinois to the System
3prior to allocation, in an amount determined in accordance with
4guidelines established by such agency and the System. Any
5contribution for fiscal year 2015 collected as a result of the
6change made by this amendatory Act of the 98th General Assembly
7shall be considered a State contribution under subsection (b-3)
8of this Section.
9    (d) Effective July 1, 1986, any employer of a teacher as
10defined in paragraph (8) of Section 16-106 shall pay the
11employer's normal cost of benefits based upon the teacher's
12service, in addition to employee contributions, as determined
13by the System. Such employer contributions shall be forwarded
14monthly in accordance with guidelines established by the
15System.
16    However, with respect to benefits granted under Section
1716-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
18of Section 16-106, the employer's contribution shall be 12%
19(rather than 20%) of the member's highest annual salary rate
20for each year of creditable service granted, and the employer
21shall also pay the required employee contribution on behalf of
22the teacher. For the purposes of Sections 16-133.4 and
2316-133.5, a teacher as defined in paragraph (8) of Section
2416-106 who is serving in that capacity while on leave of
25absence from another employer under this Article shall not be
26considered an employee of the employer from which the teacher

 

 

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1is on leave.
2    (e) Beginning July 1, 1998, every employer of a teacher
3shall pay to the System an employer contribution computed as
4follows:
5        (1) Beginning July 1, 1998 through June 30, 1999, the
6    employer contribution shall be equal to 0.3% of each
7    teacher's salary.
8        (2) Beginning July 1, 1999 and thereafter, the employer
9    contribution shall be equal to 0.58% of each teacher's
10    salary.
11The school district or other employing unit may pay these
12employer contributions out of any source of funding available
13for that purpose and shall forward the contributions to the
14System on the schedule established for the payment of member
15contributions.
16    These employer contributions are intended to offset a
17portion of the cost to the System of the increases in
18retirement benefits resulting from this amendatory Act of 1998.
19    Each employer of teachers is entitled to a credit against
20the contributions required under this subsection (e) with
21respect to salaries paid to teachers for the period January 1,
222002 through June 30, 2003, equal to the amount paid by that
23employer under subsection (a-5) of Section 6.6 of the State
24Employees Group Insurance Act of 1971 with respect to salaries
25paid to teachers for that period.
26    The additional 1% employee contribution required under

 

 

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1Section 16-152 by this amendatory Act of 1998 is the
2responsibility of the teacher and not the teacher's employer,
3unless the employer agrees, through collective bargaining or
4otherwise, to make the contribution on behalf of the teacher.
5    If an employer is required by a contract in effect on May
61, 1998 between the employer and an employee organization to
7pay, on behalf of all its full-time employees covered by this
8Article, all mandatory employee contributions required under
9this Article, then the employer shall be excused from paying
10the employer contribution required under this subsection (e)
11for the balance of the term of that contract. The employer and
12the employee organization shall jointly certify to the System
13the existence of the contractual requirement, in such form as
14the System may prescribe. This exclusion shall cease upon the
15termination, extension, or renewal of the contract at any time
16after May 1, 1998.
17    (f) If the amount of a teacher's salary for any school year
18used to determine final average salary exceeds the member's
19annual full-time salary rate with the same employer for the
20previous school year by more than 6%, the teacher's employer
21shall pay to the System, in addition to all other payments
22required under this Section and in accordance with guidelines
23established by the System, the present value of the increase in
24benefits resulting from the portion of the increase in salary
25that is in excess of 6%. This present value shall be computed
26by the System on the basis of the actuarial assumptions and

 

 

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1tables used in the most recent actuarial valuation of the
2System that is available at the time of the computation. If a
3teacher's salary for the 2005-2006 school year is used to
4determine final average salary under this subsection (f), then
5the changes made to this subsection (f) by Public Act 94-1057
6shall apply in calculating whether the increase in his or her
7salary is in excess of 6%. For the purposes of this Section,
8change in employment under Section 10-21.12 of the School Code
9on or after June 1, 2005 shall constitute a change in employer.
10The System may require the employer to provide any pertinent
11information or documentation. The changes made to this
12subsection (f) by this amendatory Act of the 94th General
13Assembly apply without regard to whether the teacher was in
14service on or after its effective date.
15    Whenever it determines that a payment is or may be required
16under this subsection, the System shall calculate the amount of
17the payment and bill the employer for that amount. The bill
18shall specify the calculations used to determine the amount
19due. If the employer disputes the amount of the bill, it may,
20within 30 days after receipt of the bill, apply to the System
21in writing for a recalculation. The application must specify in
22detail the grounds of the dispute and, if the employer asserts
23that the calculation is subject to subsection (g) or (h) of
24this Section, must include an affidavit setting forth and
25attesting to all facts within the employer's knowledge that are
26pertinent to the applicability of that subsection. Upon

 

 

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1receiving a timely application for recalculation, the System
2shall review the application and, if appropriate, recalculate
3the amount due.
4    The employer contributions required under this subsection
5(f) may be paid in the form of a lump sum within 90 days after
6receipt of the bill. If the employer contributions are not paid
7within 90 days after receipt of the bill, then interest will be
8charged at a rate equal to the System's annual actuarially
9assumed rate of return on investment compounded annually from
10the 91st day after receipt of the bill. Payments must be
11concluded within 3 years after the employer's receipt of the
12bill.
13    (g) This subsection (g) applies only to payments made or
14salary increases given on or after June 1, 2005 but before July
151, 2011. The changes made by Public Act 94-1057 shall not
16require the System to refund any payments received before July
1731, 2006 (the effective date of Public Act 94-1057).
18    When assessing payment for any amount due under subsection
19(f), the System shall exclude salary increases paid to teachers
20under contracts or collective bargaining agreements entered
21into, amended, or renewed before June 1, 2005.
22    When assessing payment for any amount due under subsection
23(f), the System shall exclude salary increases paid to a
24teacher at a time when the teacher is 10 or more years from
25retirement eligibility under Section 16-132 or 16-133.2.
26    When assessing payment for any amount due under subsection

 

 

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1(f), the System shall exclude salary increases resulting from
2overload work, including summer school, when the school
3district has certified to the System, and the System has
4approved the certification, that (i) the overload work is for
5the sole purpose of classroom instruction in excess of the
6standard number of classes for a full-time teacher in a school
7district during a school year and (ii) the salary increases are
8equal to or less than the rate of pay for classroom instruction
9computed on the teacher's current salary and work schedule.
10    When assessing payment for any amount due under subsection
11(f), the System shall exclude a salary increase resulting from
12a promotion (i) for which the employee is required to hold a
13certificate or supervisory endorsement issued by the State
14Teacher Certification Board that is a different certification
15or supervisory endorsement than is required for the teacher's
16previous position and (ii) to a position that has existed and
17been filled by a member for no less than one complete academic
18year and the salary increase from the promotion is an increase
19that results in an amount no greater than the lesser of the
20average salary paid for other similar positions in the district
21requiring the same certification or the amount stipulated in
22the collective bargaining agreement for a similar position
23requiring the same certification.
24    When assessing payment for any amount due under subsection
25(f), the System shall exclude any payment to the teacher from
26the State of Illinois or the State Board of Education over

 

 

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1which the employer does not have discretion, notwithstanding
2that the payment is included in the computation of final
3average salary.
4    (h) When assessing payment for any amount due under
5subsection (f), the System shall exclude any salary increase
6described in subsection (g) of this Section given on or after
7July 1, 2011 but before July 1, 2014 under a contract or
8collective bargaining agreement entered into, amended, or
9renewed on or after June 1, 2005 but before July 1, 2011.
10Notwithstanding any other provision of this Section, any
11payments made or salary increases given after June 30, 2014
12shall be used in assessing payment for any amount due under
13subsection (f) of this Section.
14    (i) The System shall prepare a report and file copies of
15the report with the Governor and the General Assembly by
16January 1, 2007 that contains all of the following information:
17        (1) The number of recalculations required by the
18    changes made to this Section by Public Act 94-1057 for each
19    employer.
20        (2) The dollar amount by which each employer's
21    contribution to the System was changed due to
22    recalculations required by Public Act 94-1057.
23        (3) The total amount the System received from each
24    employer as a result of the changes made to this Section by
25    Public Act 94-4.
26        (4) The increase in the required State contribution

 

 

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1    resulting from the changes made to this Section by Public
2    Act 94-1057.
3    (j) For purposes of determining the required State
4contribution to the System, the value of the System's assets
5shall be equal to the actuarial value of the System's assets,
6which shall be calculated as follows:
7    As of June 30, 2008, the actuarial value of the System's
8assets shall be equal to the market value of the assets as of
9that date. In determining the actuarial value of the System's
10assets for fiscal years after June 30, 2008, any actuarial
11gains or losses from investment return incurred in a fiscal
12year shall be recognized in equal annual amounts over the
135-year period following that fiscal year.
14    (k) For purposes of determining the required State
15contribution to the system for a particular year, the actuarial
16value of assets shall be assumed to earn a rate of return equal
17to the system's actuarially assumed rate of return.
18(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
1996-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff.
206-18-12; 97-813, eff. 7-13-12.)
 
21    (Text of Section after amendment by P.A. 98-599)
22    Sec. 16-158. Contributions by State and other employing
23units.
24    (a) The State shall make contributions to the System by
25means of appropriations from the Common School Fund and other

 

 

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1State funds of amounts which, together with other employer
2contributions, employee contributions, investment income, and
3other income, will be sufficient to meet the cost of
4maintaining and administering the System on a 100% funded basis
5in accordance with actuarial recommendations by the end of
6State fiscal year 2044.
7    The Board shall determine the amount of State contributions
8required for each fiscal year on the basis of the actuarial
9tables and other assumptions adopted by the Board and the
10recommendations of the actuary, using the formula in subsection
11(b-3).
12    (a-1) Annually, on or before November 15 through November
1315, 2011, the Board shall certify to the Governor the amount of
14the required State contribution for the coming fiscal year. The
15certification under this subsection (a-1) shall include a copy
16of the actuarial recommendations upon which it is based.
17    On or before May 1, 2004, the Board shall recalculate and
18recertify to the Governor the amount of the required State
19contribution to the System for State fiscal year 2005, taking
20into account the amounts appropriated to and received by the
21System under subsection (d) of Section 7.2 of the General
22Obligation Bond Act.
23    On or before July 1, 2005, the Board shall recalculate and
24recertify to the Governor the amount of the required State
25contribution to the System for State fiscal year 2006, taking
26into account the changes in required State contributions made

 

 

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1by this amendatory Act of the 94th General Assembly.
2    On or before April 1, 2011, the Board shall recalculate and
3recertify to the Governor the amount of the required State
4contribution to the System for State fiscal year 2011, applying
5the changes made by Public Act 96-889 to the System's assets
6and liabilities as of June 30, 2009 as though Public Act 96-889
7was approved on that date.
8    (a-5) On or before November 1 of each year, beginning
9November 1, 2012, the Board shall submit to the State Actuary,
10the Governor, and the General Assembly a proposed certification
11of the amount of the required State contribution to the System
12for the next fiscal year, along with all of the actuarial
13assumptions, calculations, and data upon which that proposed
14certification is based. On or before January 1 of each year,
15beginning January 1, 2013, the State Actuary shall issue a
16preliminary report concerning the proposed certification and
17identifying, if necessary, recommended changes in actuarial
18assumptions that the Board must consider before finalizing its
19certification of the required State contributions.
20    On or before January 15, 2013 and each January 15
21thereafter, the Board shall certify to the Governor and the
22General Assembly the amount of the required State contribution
23for the next fiscal year. The certification shall include a
24copy of the actuarial recommendations upon which it is based
25and shall specifically identify the System's projected State
26normal cost for that fiscal year. The Board's certification

 

 

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1must note any deviations from the State Actuary's recommended
2changes, the reason or reasons for not following the State
3Actuary's recommended changes, and the fiscal impact of not
4following the State Actuary's recommended changes on the
5required State contribution.
6    (a-10) For purposes of Section (c-5) of Section 20 of the
7Budget Stabilization Act, on or before November 1 of each year
8beginning November 1, 2014, the Board shall determine the
9amount of the State contribution to the System that would have
10been required for the next fiscal year if this amendatory Act
11of the 98th General Assembly had not taken effect, using the
12best and most recent available data but based on the law in
13effect on May 31, 2014. The Board shall submit to the State
14Actuary, the Governor, and the General Assembly a proposed
15certification, along with the relevant law, actuarial
16assumptions, calculations, and data upon which that
17certification is based. On or before January 1, 2015 and every
18January 1 thereafter, the State Actuary shall issue a
19preliminary report concerning the proposed certification and
20identifying, if necessary, recommended changes in actuarial
21assumptions that the Board must consider before finalizing its
22certification. On or before January 15, 2015 and every January
231 thereafter, the Board shall certify to the Governor and the
24General Assembly the amount of the State contribution to the
25System that would have been required for the next fiscal year
26if this amendatory Act of the 98th General Assembly had not

 

 

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1taken effect, using the best and most recent available data but
2based on the law in effect on May 31, 2014. The Board's
3certification must note any deviations from the State Actuary's
4recommended changes, the reason or reasons for not following
5the State Actuary's recommended changes, and the impact of not
6following the State Actuary's recommended changes.
7    (b) Through State fiscal year 1995, the State contributions
8shall be paid to the System in accordance with Section 18-7 of
9the School Code.
10    (b-1) Beginning in State fiscal year 1996, on the 15th day
11of each month, or as soon thereafter as may be practicable, the
12Board shall submit vouchers for payment of State contributions
13to the System, in a total monthly amount of one-twelfth of the
14required annual State contribution certified under subsection
15(a-1). From the effective date of this amendatory Act of the
1693rd General Assembly through June 30, 2004, the Board shall
17not submit vouchers for the remainder of fiscal year 2004 in
18excess of the fiscal year 2004 certified contribution amount
19determined under this Section after taking into consideration
20the transfer to the System under subsection (a) of Section
216z-61 of the State Finance Act. These vouchers shall be paid by
22the State Comptroller and Treasurer by warrants drawn on the
23funds appropriated to the System for that fiscal year.
24    If in any month the amount remaining unexpended from all
25other appropriations to the System for the applicable fiscal
26year (including the appropriations to the System under Section

 

 

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18.12 of the State Finance Act and Section 1 of the State
2Pension Funds Continuing Appropriation Act) is less than the
3amount lawfully vouchered under this subsection, the
4difference shall be paid from the Common School Fund under the
5continuing appropriation authority provided in Section 1.1 of
6the State Pension Funds Continuing Appropriation Act.
7    (b-2) Allocations from the Common School Fund apportioned
8to school districts not coming under this System shall not be
9diminished or affected by the provisions of this Article.
10    (b-3) For State fiscal years 2015 through 2044, the minimum
11contribution to the System to be made by the State for each
12fiscal year shall be an amount determined by the System to be
13equal to the sum of (1) the State's portion of the projected
14normal cost for that fiscal year, plus (2) an amount sufficient
15to bring the total assets of the System up to 100% of the total
16actuarial liabilities of the System by the end of State fiscal
17year 2044. In making these determinations, the required State
18contribution shall be calculated each year as a level
19percentage of payroll over the years remaining to and including
20fiscal year 2044 and shall be determined under the projected
21unit cost method for fiscal year 2015 and under the entry age
22normal actuarial cost method for fiscal years 2016 through
232044.
24    For State fiscal years 2012 through 2014, the minimum
25contribution to the System to be made by the State for each
26fiscal year shall be an amount determined by the System to be

 

 

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1sufficient to bring the total assets of the System up to 90% of
2the total actuarial liabilities of the System by the end of
3State fiscal year 2045. In making these determinations, the
4required State contribution shall be calculated each year as a
5level percentage of payroll over the years remaining to and
6including fiscal year 2045 and shall be determined under the
7projected unit credit actuarial cost method.
8    For State fiscal years 1996 through 2005, the State
9contribution to the System, as a percentage of the applicable
10employee payroll, shall be increased in equal annual increments
11so that by State fiscal year 2011, the State is contributing at
12the rate required under this Section; except that in the
13following specified State fiscal years, the State contribution
14to the System shall not be less than the following indicated
15percentages of the applicable employee payroll, even if the
16indicated percentage will produce a State contribution in
17excess of the amount otherwise required under this subsection
18and subsection (a), and notwithstanding any contrary
19certification made under subsection (a-1) before the effective
20date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
21in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
222003; and 13.56% in FY 2004.
23    Notwithstanding any other provision of this Article, the
24total required State contribution for State fiscal year 2006 is
25$534,627,700.
26    Notwithstanding any other provision of this Article, the

 

 

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1total required State contribution for State fiscal year 2007 is
2$738,014,500.
3    For each of State fiscal years 2008 through 2009, the State
4contribution to the System, as a percentage of the applicable
5employee payroll, shall be increased in equal annual increments
6from the required State contribution for State fiscal year
72007, so that by State fiscal year 2011, the State is
8contributing at the rate otherwise required under this Section.
9    Notwithstanding any other provision of this Article, the
10total required State contribution for State fiscal year 2010 is
11$2,089,268,000 and shall be made from the proceeds of bonds
12sold in fiscal year 2010 pursuant to Section 7.2 of the General
13Obligation Bond Act, less (i) the pro rata share of bond sale
14expenses determined by the System's share of total bond
15proceeds, (ii) any amounts received from the Common School Fund
16in fiscal year 2010, and (iii) any reduction in bond proceeds
17due to the issuance of discounted bonds, if applicable.
18    Notwithstanding any other provision of this Article, the
19total required State contribution for State fiscal year 2011 is
20the amount recertified by the System on or before April 1, 2011
21pursuant to subsection (a-1) of this Section and shall be made
22from the proceeds of bonds sold in fiscal year 2011 pursuant to
23Section 7.2 of the General Obligation Bond Act, less (i) the
24pro rata share of bond sale expenses determined by the System's
25share of total bond proceeds, (ii) any amounts received from
26the Common School Fund in fiscal year 2011, and (iii) any

 

 

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1reduction in bond proceeds due to the issuance of discounted
2bonds, if applicable. This amount shall include, in addition to
3the amount certified by the System, an amount necessary to meet
4employer contributions required by the State as an employer
5under paragraph (e) of this Section, which may also be used by
6the System for contributions required by paragraph (a) of
7Section 16-127.
8    Beginning in State fiscal year 2045, the minimum State
9contribution for each fiscal year shall be the amount needed to
10maintain the total assets of the System at 100% of the total
11actuarial liabilities of the System.
12    Amounts received by the System pursuant to Section 25 of
13the Budget Stabilization Act or Section 8.12 of the State
14Finance Act in any fiscal year do not reduce and do not
15constitute payment of any portion of the minimum State
16contribution required under this Article in that fiscal year.
17Such amounts shall not reduce, and shall not be included in the
18calculation of, the required State contributions under this
19Article in any future year until the System has reached a
20funding ratio of at least 100%. A reference in this Article to
21the "required State contribution" or any substantially similar
22term does not include or apply to any amounts payable to the
23System under Section 25 of the Budget Stabilization Act.
24    Notwithstanding any other provision of this Section, the
25required State contribution for State fiscal year 2005 and for
26fiscal year 2008 and each fiscal year thereafter through State

 

 

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1fiscal year 2014, as calculated under this Section and
2certified under subsection (a-1), shall not exceed an amount
3equal to (i) the amount of the required State contribution that
4would have been calculated under this Section for that fiscal
5year if the System had not received any payments under
6subsection (d) of Section 7.2 of the General Obligation Bond
7Act, minus (ii) the portion of the State's total debt service
8payments for that fiscal year on the bonds issued in fiscal
9year 2003 for the purposes of that Section 7.2, as determined
10and certified by the Comptroller, that is the same as the
11System's portion of the total moneys distributed under
12subsection (d) of Section 7.2 of the General Obligation Bond
13Act. In determining this maximum for State fiscal years 2008
14through 2010, however, the amount referred to in item (i) shall
15be increased, as a percentage of the applicable employee
16payroll, in equal increments calculated from the sum of the
17required State contribution for State fiscal year 2007 plus the
18applicable portion of the State's total debt service payments
19for fiscal year 2007 on the bonds issued in fiscal year 2003
20for the purposes of Section 7.2 of the General Obligation Bond
21Act, so that, by State fiscal year 2011, the State is
22contributing at the rate otherwise required under this Section.
23    (c) Payment of the required State contributions and of all
24pensions, retirement annuities, death benefits, refunds, and
25other benefits granted under or assumed by this System, and all
26expenses in connection with the administration and operation

 

 

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1thereof, are obligations of the State.
2    If members are paid from special trust or federal funds
3which are administered by the employing unit, whether school
4district or other unit, the employing unit shall pay to the
5System from such funds the full accruing retirement costs based
6upon that service, which, beginning July 1, 2014, shall be at a
7rate, expressed as a percentage of salary, equal to the total
8minimum contribution to the System to be made by the State for
9that fiscal year, including both normal cost and unfunded
10liability components, expressed as a percentage of payroll, as
11determined by the System under subsection (b-3) of this
12Section. Employer contributions, based on salary paid to
13members from federal funds, may be forwarded by the
14distributing agency of the State of Illinois to the System
15prior to allocation, in an amount determined in accordance with
16guidelines established by such agency and the System. Any
17contribution for fiscal year 2015 collected as a result of the
18change made by this amendatory Act of the 98th General Assembly
19shall be considered a State contribution under subsection (b-3)
20of this Section.
21    (d) Effective July 1, 1986, any employer of a teacher as
22defined in paragraph (8) of Section 16-106 shall pay the
23employer's normal cost of benefits based upon the teacher's
24service, in addition to employee contributions, as determined
25by the System. Such employer contributions shall be forwarded
26monthly in accordance with guidelines established by the

 

 

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1System.
2    However, with respect to benefits granted under Section
316-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
4of Section 16-106, the employer's contribution shall be 12%
5(rather than 20%) of the member's highest annual salary rate
6for each year of creditable service granted, and the employer
7shall also pay the required employee contribution on behalf of
8the teacher. For the purposes of Sections 16-133.4 and
916-133.5, a teacher as defined in paragraph (8) of Section
1016-106 who is serving in that capacity while on leave of
11absence from another employer under this Article shall not be
12considered an employee of the employer from which the teacher
13is on leave.
14    (e) Beginning July 1, 1998, every employer of a teacher
15shall pay to the System an employer contribution computed as
16follows:
17        (1) Beginning July 1, 1998 through June 30, 1999, the
18    employer contribution shall be equal to 0.3% of each
19    teacher's salary.
20        (2) Beginning July 1, 1999 and thereafter, the employer
21    contribution shall be equal to 0.58% of each teacher's
22    salary.
23The school district or other employing unit may pay these
24employer contributions out of any source of funding available
25for that purpose and shall forward the contributions to the
26System on the schedule established for the payment of member

 

 

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1contributions.
2    These employer contributions are intended to offset a
3portion of the cost to the System of the increases in
4retirement benefits resulting from this amendatory Act of 1998.
5    Each employer of teachers is entitled to a credit against
6the contributions required under this subsection (e) with
7respect to salaries paid to teachers for the period January 1,
82002 through June 30, 2003, equal to the amount paid by that
9employer under subsection (a-5) of Section 6.6 of the State
10Employees Group Insurance Act of 1971 with respect to salaries
11paid to teachers for that period.
12    The additional 1% employee contribution required under
13Section 16-152 by this amendatory Act of 1998 is the
14responsibility of the teacher and not the teacher's employer,
15unless the employer agrees, through collective bargaining or
16otherwise, to make the contribution on behalf of the teacher.
17    If an employer is required by a contract in effect on May
181, 1998 between the employer and an employee organization to
19pay, on behalf of all its full-time employees covered by this
20Article, all mandatory employee contributions required under
21this Article, then the employer shall be excused from paying
22the employer contribution required under this subsection (e)
23for the balance of the term of that contract. The employer and
24the employee organization shall jointly certify to the System
25the existence of the contractual requirement, in such form as
26the System may prescribe. This exclusion shall cease upon the

 

 

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1termination, extension, or renewal of the contract at any time
2after May 1, 1998.
3    (f) If the amount of a teacher's salary for any school year
4used to determine final average salary exceeds the member's
5annual full-time salary rate with the same employer for the
6previous school year by more than 6%, the teacher's employer
7shall pay to the System, in addition to all other payments
8required under this Section and in accordance with guidelines
9established by the System, the present value of the increase in
10benefits resulting from the portion of the increase in salary
11that is in excess of 6%. This present value shall be computed
12by the System on the basis of the actuarial assumptions and
13tables used in the most recent actuarial valuation of the
14System that is available at the time of the computation. If a
15teacher's salary for the 2005-2006 school year is used to
16determine final average salary under this subsection (f), then
17the changes made to this subsection (f) by Public Act 94-1057
18shall apply in calculating whether the increase in his or her
19salary is in excess of 6%. For the purposes of this Section,
20change in employment under Section 10-21.12 of the School Code
21on or after June 1, 2005 shall constitute a change in employer.
22The System may require the employer to provide any pertinent
23information or documentation. The changes made to this
24subsection (f) by this amendatory Act of the 94th General
25Assembly apply without regard to whether the teacher was in
26service on or after its effective date.

 

 

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1    Whenever it determines that a payment is or may be required
2under this subsection, the System shall calculate the amount of
3the payment and bill the employer for that amount. The bill
4shall specify the calculations used to determine the amount
5due. If the employer disputes the amount of the bill, it may,
6within 30 days after receipt of the bill, apply to the System
7in writing for a recalculation. The application must specify in
8detail the grounds of the dispute and, if the employer asserts
9that the calculation is subject to subsection (g) or (h) of
10this Section, must include an affidavit setting forth and
11attesting to all facts within the employer's knowledge that are
12pertinent to the applicability of that subsection. Upon
13receiving a timely application for recalculation, the System
14shall review the application and, if appropriate, recalculate
15the amount due.
16    The employer contributions required under this subsection
17(f) may be paid in the form of a lump sum within 90 days after
18receipt of the bill. If the employer contributions are not paid
19within 90 days after receipt of the bill, then interest will be
20charged at a rate equal to the System's annual actuarially
21assumed rate of return on investment compounded annually from
22the 91st day after receipt of the bill. Payments must be
23concluded within 3 years after the employer's receipt of the
24bill.
25    (g) This subsection (g) applies only to payments made or
26salary increases given on or after June 1, 2005 but before July

 

 

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11, 2011. The changes made by Public Act 94-1057 shall not
2require the System to refund any payments received before July
331, 2006 (the effective date of Public Act 94-1057).
4    When assessing payment for any amount due under subsection
5(f), the System shall exclude salary increases paid to teachers
6under contracts or collective bargaining agreements entered
7into, amended, or renewed before June 1, 2005.
8    When assessing payment for any amount due under subsection
9(f), the System shall exclude salary increases paid to a
10teacher at a time when the teacher is 10 or more years from
11retirement eligibility under Section 16-132 or 16-133.2.
12    When assessing payment for any amount due under subsection
13(f), the System shall exclude salary increases resulting from
14overload work, including summer school, when the school
15district has certified to the System, and the System has
16approved the certification, that (i) the overload work is for
17the sole purpose of classroom instruction in excess of the
18standard number of classes for a full-time teacher in a school
19district during a school year and (ii) the salary increases are
20equal to or less than the rate of pay for classroom instruction
21computed on the teacher's current salary and work schedule.
22    When assessing payment for any amount due under subsection
23(f), the System shall exclude a salary increase resulting from
24a promotion (i) for which the employee is required to hold a
25certificate or supervisory endorsement issued by the State
26Teacher Certification Board that is a different certification

 

 

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1or supervisory endorsement than is required for the teacher's
2previous position and (ii) to a position that has existed and
3been filled by a member for no less than one complete academic
4year and the salary increase from the promotion is an increase
5that results in an amount no greater than the lesser of the
6average salary paid for other similar positions in the district
7requiring the same certification or the amount stipulated in
8the collective bargaining agreement for a similar position
9requiring the same certification.
10    When assessing payment for any amount due under subsection
11(f), the System shall exclude any payment to the teacher from
12the State of Illinois or the State Board of Education over
13which the employer does not have discretion, notwithstanding
14that the payment is included in the computation of final
15average salary.
16    (h) When assessing payment for any amount due under
17subsection (f), the System shall exclude any salary increase
18described in subsection (g) of this Section given on or after
19July 1, 2011 but before July 1, 2014 under a contract or
20collective bargaining agreement entered into, amended, or
21renewed on or after June 1, 2005 but before July 1, 2011.
22Notwithstanding any other provision of this Section, any
23payments made or salary increases given after June 30, 2014
24shall be used in assessing payment for any amount due under
25subsection (f) of this Section.
26    (i) The System shall prepare a report and file copies of

 

 

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1the report with the Governor and the General Assembly by
2January 1, 2007 that contains all of the following information:
3        (1) The number of recalculations required by the
4    changes made to this Section by Public Act 94-1057 for each
5    employer.
6        (2) The dollar amount by which each employer's
7    contribution to the System was changed due to
8    recalculations required by Public Act 94-1057.
9        (3) The total amount the System received from each
10    employer as a result of the changes made to this Section by
11    Public Act 94-4.
12        (4) The increase in the required State contribution
13    resulting from the changes made to this Section by Public
14    Act 94-1057.
15    (j) For purposes of determining the required State
16contribution to the System, the value of the System's assets
17shall be equal to the actuarial value of the System's assets,
18which shall be calculated as follows:
19    As of June 30, 2008, the actuarial value of the System's
20assets shall be equal to the market value of the assets as of
21that date. In determining the actuarial value of the System's
22assets for fiscal years after June 30, 2008, any actuarial
23gains or losses from investment return incurred in a fiscal
24year shall be recognized in equal annual amounts over the
255-year period following that fiscal year.
26    (k) For purposes of determining the required State

 

 

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1contribution to the system for a particular year, the actuarial
2value of assets shall be assumed to earn a rate of return equal
3to the system's actuarially assumed rate of return.
4(Source: P.A. 97-694, eff. 6-18-12; 97-813, eff. 7-13-12;
598-599, eff. 6-1-14.)
 
6    Section 20-55. The Illinois Police Training Act is amended
7by changing Section 9 as follows:
 
8    (50 ILCS 705/9)  (from Ch. 85, par. 509)
9    Sec. 9. A special fund is hereby established in the State
10Treasury to be known as "The Traffic and Criminal Conviction
11Surcharge Fund" and shall be financed as provided in Section
129.1 of this Act and Section 5-9-1 of the "Unified Code of
13Corrections", unless the fines, costs or additional amounts
14imposed are subject to disbursement by the circuit clerk under
15Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
16shall be expended as follows:
17        (1) A portion of the total amount deposited in the Fund
18    may be used, as appropriated by the General Assembly, for
19    the ordinary and contingent expenses of the Illinois Law
20    Enforcement Training Standards Board;
21        (2) A portion of the total amount deposited in the Fund
22    shall be appropriated for the reimbursement of local
23    governmental agencies participating in training programs
24    certified by the Board, in an amount equaling 1/2 of the

 

 

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1    total sum paid by such agencies during the State's previous
2    fiscal year for mandated training for probationary police
3    officers or probationary county corrections officers and
4    for optional advanced and specialized law enforcement or
5    county corrections training. These reimbursements may
6    include the costs for tuition at training schools, the
7    salaries of trainees while in schools, and the necessary
8    travel and room and board expenses for each trainee. If the
9    appropriations under this paragraph (2) are not sufficient
10    to fully reimburse the participating local governmental
11    agencies, the available funds shall be apportioned among
12    such agencies, with priority first given to repayment of
13    the costs of mandatory training given to law enforcement
14    officer or county corrections officer recruits, then to
15    repayment of costs of advanced or specialized training for
16    permanent police officers or permanent county corrections
17    officers;
18        (3) A portion of the total amount deposited in the Fund
19    may be used to fund the "Intergovernmental Law Enforcement
20    Officer's In-Service Training Act", veto overridden
21    October 29, 1981, as now or hereafter amended, at a rate
22    and method to be determined by the board;
23        (4) A portion of the Fund also may be used by the
24    Illinois Department of State Police for expenses incurred
25    in the training of employees from any State, county or
26    municipal agency whose function includes enforcement of

 

 

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1    criminal or traffic law;
2        (5) A portion of the Fund may be used by the Board to
3    fund grant-in-aid programs and services for the training of
4    employees from any county or municipal agency whose
5    functions include corrections or the enforcement of
6    criminal or traffic law; and
7        (6) For fiscal years 2013, 2014, and 2015 2014 only, a
8    portion of the Fund also may be used by the Department of
9    State Police to finance any of its lawful purposes or
10    functions.
11    All payments from the Traffic and Criminal Conviction
12Surcharge Fund shall be made each year from moneys appropriated
13for the purposes specified in this Section. No more than 50% of
14any appropriation under this Act shall be spent in any city
15having a population of more than 500,000. The State Comptroller
16and the State Treasurer shall from time to time, at the
17direction of the Governor, transfer from the Traffic and
18Criminal Conviction Surcharge Fund to the General Revenue Fund
19in the State Treasury such amounts as the Governor determines
20are in excess of the amounts required to meet the obligations
21of the Traffic and Criminal Conviction Surcharge Fund.
22(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 
23    Section 20-60. The Law Enforcement Camera Grant Act is
24amended by changing Section 10 as follows:
 

 

 

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1    (50 ILCS 707/10)
2    Sec. 10. Law Enforcement Camera Grant Fund; creation,
3rules.
4    (a) The Law Enforcement Camera Grant Fund is created as a
5special fund in the State treasury. From appropriations to the
6Board from the Fund, the Board must make grants to units of
7local government in Illinois for the purpose of installing
8video cameras in law enforcement vehicles and training law
9enforcement officers in the operation of the cameras.
10    Moneys received for the purposes of this Section,
11including, without limitation, fee receipts and gifts, grants,
12and awards from any public or private entity, must be deposited
13into the Fund. Any interest earned on moneys in the Fund must
14be deposited into the Fund.
15    (b) The Board may set requirements for the distribution of
16grant moneys and determine which law enforcement agencies are
17eligible.
18    (c) The Board shall develop model rules to be adopted by
19law enforcement agencies that receive grants under this
20Section. The rules shall include the following requirements:
21        (1) Cameras must be installed in the law enforcement
22    vehicles.
23        (2) Videotaping must provide audio of the officer when
24    the officer is outside of the vehicle.
25        (3) Camera access must be restricted to the supervisors
26    of the officer in the vehicle.

 

 

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1        (4) Cameras must be turned on continuously throughout
2    the officer's shift.
3        (5) A copy of the videotape must be made available upon
4    request to personnel of the law enforcement agency, the
5    local State's Attorney, and any persons depicted in the
6    video. Procedures for distribution of the videotape must
7    include safeguards to protect the identities of
8    individuals who are not a party to the requested stop.
9        (6) Law enforcement agencies that receive moneys under
10    this grant shall provide for storage of the tapes for a
11    period of not less than 2 years.
12    (d) Any law enforcement agency receiving moneys under this
13Section must provide an annual report to the Board, the
14Governor, and the General Assembly, which will be due on May 1
15of the year following the receipt of the grant and each May 1
16thereafter during the period of the grant. The report shall
17include (i) the number of cameras received by the law
18enforcement agency, (ii) the number of cameras actually
19installed in law enforcement vehicles, (iii) a brief
20description of the review process used by supervisors within
21the law enforcement agency, (iv) a list of any criminal,
22traffic, ordinance, and civil cases where video recordings were
23used, including party names, case numbers, offenses charged,
24and disposition of the matter, (this item applies, but is not
25limited to, court proceedings, coroner's inquests, grand jury
26proceedings, and plea bargains), and (v) any other information

 

 

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1relevant to the administration of the program.
2    (e) No applications for grant money under this Section
3shall be accepted before January 1, 2007 or after January 1,
42011.
5    (f) Notwithstanding any other provision of law, in addition
6to any other transfers that may be provided by law, on July 1,
72012 only, or as soon thereafter as practical, the State
8Comptroller shall direct and the State Treasurer shall transfer
9any funds in excess of $1,000,000 held in the Law Enforcement
10Camera Grant Fund to the State Police Operations Assistance
11Fund.
12    (g) Notwithstanding any other provision of law, in addition
13to any other transfers that may be provided by law, on July 1,
142013 only, or as soon thereafter as practical, the State
15Comptroller shall direct and the State Treasurer shall transfer
16the sum of $2,000,000 from the Law Enforcement Camera Grant
17Fund to the Traffic and Criminal Conviction Surcharge Fund.
18    (h) Notwithstanding any other provision of law, in addition
19to any other transfers that may be provided by law, the State
20Comptroller shall direct and the State Treasurer shall transfer
21the sum of $2,000,000 from the Law Enforcement Camera Grant
22Fund to the Traffic and Criminal Conviction Surcharge Fund
23according to the schedule specified as follows: one-half of the
24specified amount shall be transferred on July 1, 2014, or as
25soon thereafter as practical, and one-half of the specified
26amount shall be transferred on June 1, 2015, or as soon

 

 

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1thereafter as practical.
2(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 
3    Section 20-65. The Family Practice Residency Act is amended
4by changing Sections 2, 3, and 4.10 and by adding Section 3.09
5as follows:
 
6    (110 ILCS 935/2)  (from Ch. 144, par. 1452)
7    Sec. 2. The purpose of this Act is to establish programs a
8program in the Illinois Department of Public Health to upgrade
9primary health care services for all citizens of the State, to
10increase access, and to reduce health care disparities by
11providing grants to family practice and preventive medicine
12residency programs, scholarships to medical students, and a
13loan repayment program for physicians and other eligible
14primary care providers who will agree to practice in areas of
15the State demonstrating the greatest need for more professional
16medical care. The programs program shall encourage family
17practice physicians and other eligible primary care providers
18to locate in areas where health manpower shortages exist and to
19increase the total number of family practice physicians and
20other eligible primary care providers in the State.
21(Source: P.A. 86-926.)
 
22    (110 ILCS 935/3)  (from Ch. 144, par. 1453)
23    Sec. 3. The terms specified in the following Sections 3.01

 

 

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1through 3.08 have the meanings ascribed to them in those
2Sections unless the context of this Act otherwise requires.
3(Source: P.A. 80-478.)
 
4    (110 ILCS 935/3.09 new)
5    Sec. 3.09. Eligible primary care providers. "Eligible
6primary care providers" means health care providers within
7specialties determined to be eligible by the U.S. Health
8Resources and Services Administration for the National Health
9Service Corps Loan Repayment Program.
 
10    (110 ILCS 935/4.10)  (from Ch. 144, par. 1454.10)
11    Sec. 4.10. To establish programs a program, and the
12criteria for such programs program, for the repayment of the
13educational loans of primary care physicians and other eligible
14primary care providers who agree to serve in Designated
15Shortage Areas for a specified period of time, no less than 2
16years. Payments under this program may be made for the
17principal, interest and related expenses of government and
18commercial loans received by the individual for tuition
19expenses, and all other reasonable educational expenses
20incurred by the individual. The maximum annual payment which
21may be made to an individual under this law is $20,000, or 25%
22of the total covered educational indebtedness as provided in
23this Section, whichever is less. Payments made under this
24provision shall be exempt from Illinois State Income Tax. The

 

 

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1Department may use tobacco settlement recovery funding or other
2available funding to implement this Section.
3(Source: P.A. 92-16, eff. 6-28-01.)
 
4    Section 20-70. The Illinois Public Aid Code is amended by
5changing Sections 3-5, 5-33, and 5-34 as follows:
 
6    (305 ILCS 5/3-5)  (from Ch. 23, par. 3-5)
7    Sec. 3-5. Amount of aid. The amount and nature of financial
8aid granted to or in behalf of aged, blind, or disabled persons
9shall be determined in accordance with the standards, grant
10amounts, rules and regulations of the Illinois Department. Due
11regard shall be given to the requirements and conditions
12existing in each case, and to the amount of property owned and
13the income, money contributions, and other support, and
14resources received or obtainable by the person, from whatever
15source. However, the amount and nature of any financial aid is
16not affected by the payment of any grant under the "Senior
17Citizens and Disabled Persons Property Tax Relief Act" or any
18distributions or items of income described under subparagraph
19(X) of paragraph (2) of subsection (a) of Section 203 of the
20Illinois Income Tax Act. The aid shall be sufficient, when
21added to all other income, money contributions and support, to
22provide the person with a grant in the amount established by
23Department regulation for such a person, based upon standards
24providing a livelihood compatible with health and well-being.

 

 

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1Financial aid under this Article granted to persons who have
2been found ineligible for Supplemental Security Income (SSI)
3due to expiration of the period of eligibility for refugees and
4asylees pursuant to 8 U.S.C. 1612(a)(2) shall equal 90% of the
5current maximum SSI payment amount per month not exceed $500
6per month.
7(Source: P.A. 97-689, eff. 6-14-12.)
 
8    (305 ILCS 5/5-33 new)
9    Sec. 5-33. Personal needs allowance; ID/DD facility.
10During State fiscal year 2015 only and no later than January 1,
112015, the monthly personal needs allowance required under
12Section 1902(g) of Title XIX of the Social Security Act (42
13U.S.C. 1396(g)) for any person residing in a facility licensed
14under the ID/DD Community Care Act and who has been determined
15eligible for medical assistance under this Code shall be no
16less than $60.
17    This Section is repealed on January 1, 2016.
 
18    (305 ILCS 5/5-34 new)
19    Sec. 5-34. Personal needs allowance; CILA. During State
20fiscal year 2015 only and no later than January 1, 2015, the
21monthly personal needs allowance required under Section
221902(g) of Title XIX of the Social Security Act (42 U.S.C.
231396(g)) for any person residing in a facility licensed under
24the Community-Integrated Living Arrangements Licensure and

 

 

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1Certification Act, who is determined to be eligible for medical
2assistance under this Code and who is enrolled in the Illinois
3Home and Community Based Services Medicaid Waiver program for
4adults with developmental disabilities, shall be no less than
5$60.
6    This Section is repealed on January 1, 2016.
 
7
ARTICLE 25. RETIREMENT CONTRIBUTIONS

 
8    Section 25-5. The State Finance Act is amended by changing
9Sections 8.12 and 14.1 as follows:
 
10    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
11    Sec. 8.12. State Pensions Fund.
12    (a) The moneys in the State Pensions Fund shall be used
13exclusively for the administration of the Uniform Disposition
14of Unclaimed Property Act and for the expenses incurred by the
15Auditor General for administering the provisions of Section
162-8.1 of the Illinois State Auditing Act and for the funding of
17the unfunded liabilities of the designated retirement systems.
18Beginning in State fiscal year 2016 2015, payments to the
19designated retirement systems under this Section shall be in
20addition to, and not in lieu of, any State contributions
21required under the Illinois Pension Code.
22    "Designated retirement systems" means:
23        (1) the State Employees' Retirement System of

 

 

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1    Illinois;
2        (2) the Teachers' Retirement System of the State of
3    Illinois;
4        (3) the State Universities Retirement System;
5        (4) the Judges Retirement System of Illinois; and
6        (5) the General Assembly Retirement System.
7    (b) Each year the General Assembly may make appropriations
8from the State Pensions Fund for the administration of the
9Uniform Disposition of Unclaimed Property Act.
10    Each month, the Commissioner of the Office of Banks and
11Real Estate shall certify to the State Treasurer the actual
12expenditures that the Office of Banks and Real Estate incurred
13conducting unclaimed property examinations under the Uniform
14Disposition of Unclaimed Property Act during the immediately
15preceding month. Within a reasonable time following the
16acceptance of such certification by the State Treasurer, the
17State Treasurer shall pay from its appropriation from the State
18Pensions Fund to the Bank and Trust Company Fund and the
19Savings and Residential Finance Regulatory Fund an amount equal
20to the expenditures incurred by each Fund for that month.
21    Each month, the Director of Financial Institutions shall
22certify to the State Treasurer the actual expenditures that the
23Department of Financial Institutions incurred conducting
24unclaimed property examinations under the Uniform Disposition
25of Unclaimed Property Act during the immediately preceding
26month. Within a reasonable time following the acceptance of

 

 

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1such certification by the State Treasurer, the State Treasurer
2shall pay from its appropriation from the State Pensions Fund
3to the Financial Institution Fund and the Credit Union Fund an
4amount equal to the expenditures incurred by each Fund for that
5month.
6    (c) As soon as possible after the effective date of this
7amendatory Act of the 93rd General Assembly, the General
8Assembly shall appropriate from the State Pensions Fund (1) to
9the State Universities Retirement System the amount certified
10under Section 15-165 during the prior year, (2) to the Judges
11Retirement System of Illinois the amount certified under
12Section 18-140 during the prior year, and (3) to the General
13Assembly Retirement System the amount certified under Section
142-134 during the prior year as part of the required State
15contributions to each of those designated retirement systems;
16except that amounts appropriated under this subsection (c) in
17State fiscal year 2005 shall not reduce the amount in the State
18Pensions Fund below $5,000,000. If the amount in the State
19Pensions Fund does not exceed the sum of the amounts certified
20in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
21the amount paid to each designated retirement system under this
22subsection shall be reduced in proportion to the amount
23certified by each of those designated retirement systems.
24    (c-5) For fiscal years 2006 through 2015 2014, the General
25Assembly shall appropriate from the State Pensions Fund to the
26State Universities Retirement System the amount estimated to be

 

 

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1available during the fiscal year in the State Pensions Fund;
2provided, however, that the amounts appropriated under this
3subsection (c-5) shall not reduce the amount in the State
4Pensions Fund below $5,000,000.
5    (c-6) For fiscal year 2016 2015 and each fiscal year
6thereafter, as soon as may be practical after any money is
7deposited into the State Pensions Fund from the Unclaimed
8Property Trust Fund, the State Treasurer shall apportion the
9deposited amount among the designated retirement systems as
10defined in subsection (a) to reduce their actuarial reserve
11deficiencies. The State Comptroller and State Treasurer shall
12pay the apportioned amounts to the designated retirement
13systems to fund the unfunded liabilities of the designated
14retirement systems. The amount apportioned to each designated
15retirement system shall constitute a portion of the amount
16estimated to be available for appropriation from the State
17Pensions Fund that is the same as that retirement system's
18portion of the total actual reserve deficiency of the systems,
19as determined annually by the Governor's Office of Management
20and Budget at the request of the State Treasurer. The amounts
21apportioned under this subsection shall not reduce the amount
22in the State Pensions Fund below $5,000,000.
23    (d) The Governor's Office of Management and Budget shall
24determine the individual and total reserve deficiencies of the
25designated retirement systems. For this purpose, the
26Governor's Office of Management and Budget shall utilize the

 

 

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1latest available audit and actuarial reports of each of the
2retirement systems and the relevant reports and statistics of
3the Public Employee Pension Fund Division of the Department of
4Insurance.
5    (d-1) As soon as practicable after the effective date of
6this amendatory Act of the 93rd General Assembly, the
7Comptroller shall direct and the Treasurer shall transfer from
8the State Pensions Fund to the General Revenue Fund, as funds
9become available, a sum equal to the amounts that would have
10been paid from the State Pensions Fund to the Teachers'
11Retirement System of the State of Illinois, the State
12Universities Retirement System, the Judges Retirement System
13of Illinois, the General Assembly Retirement System, and the
14State Employees' Retirement System of Illinois after the
15effective date of this amendatory Act during the remainder of
16fiscal year 2004 to the designated retirement systems from the
17appropriations provided for in this Section if the transfers
18provided in Section 6z-61 had not occurred. The transfers
19described in this subsection (d-1) are to partially repay the
20General Revenue Fund for the costs associated with the bonds
21used to fund the moneys transferred to the designated
22retirement systems under Section 6z-61.
23    (e) The changes to this Section made by this amendatory Act
24of 1994 shall first apply to distributions from the Fund for
25State fiscal year 1996.
26(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,

 

 

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1eff. 6-19-13; 98-463, eff. 8-16-13.)
 
2    (30 ILCS 105/14.1)   (from Ch. 127, par. 150.1)
3    Sec. 14.1. Appropriations for State contributions to the
4State Employees' Retirement System; payroll requirements.
5    (a) Appropriations for State contributions to the State
6Employees' Retirement System of Illinois shall be expended in
7the manner provided in this Section. Except as otherwise
8provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
9time of each payment of salary to an employee under the
10personal services line item, payment shall be made to the State
11Employees' Retirement System, from the amount appropriated for
12State contributions to the State Employees' Retirement System,
13of an amount calculated at the rate certified for the
14applicable fiscal year by the Board of Trustees of the State
15Employees' Retirement System under Section 14-135.08 of the
16Illinois Pension Code. If a line item appropriation to an
17employer for this purpose is exhausted or is unavailable due to
18any limitation on appropriations that may apply, (including,
19but not limited to, limitations on appropriations from the Road
20Fund under Section 8.3 of the State Finance Act), the amounts
21shall be paid under the continuing appropriation for this
22purpose contained in the State Pension Funds Continuing
23Appropriation Act.
24    (a-1) Beginning on the effective date of this amendatory
25Act of the 93rd General Assembly through the payment of the

 

 

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1final payroll from fiscal year 2004 appropriations,
2appropriations for State contributions to the State Employees'
3Retirement System of Illinois shall be expended in the manner
4provided in this subsection (a-1). At the time of each payment
5of salary to an employee under the personal services line item
6from a fund other than the General Revenue Fund, payment shall
7be made for deposit into the General Revenue Fund from the
8amount appropriated for State contributions to the State
9Employees' Retirement System of an amount calculated at the
10rate certified for fiscal year 2004 by the Board of Trustees of
11the State Employees' Retirement System under Section 14-135.08
12of the Illinois Pension Code. This payment shall be made to the
13extent that a line item appropriation to an employer for this
14purpose is available or unexhausted. No payment from
15appropriations for State contributions shall be made in
16conjunction with payment of salary to an employee under the
17personal services line item from the General Revenue Fund.
18    (a-2) For fiscal year 2010 only, at the time of each
19payment of salary to an employee under the personal services
20line item from a fund other than the General Revenue Fund,
21payment shall be made for deposit into the State Employees'
22Retirement System of Illinois from the amount appropriated for
23State contributions to the State Employees' Retirement System
24of Illinois of an amount calculated at the rate certified for
25fiscal year 2010 by the Board of Trustees of the State
26Employees' Retirement System of Illinois under Section

 

 

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114-135.08 of the Illinois Pension Code. This payment shall be
2made to the extent that a line item appropriation to an
3employer for this purpose is available or unexhausted. For
4fiscal year 2010 only, no payment from appropriations for State
5contributions shall be made in conjunction with payment of
6salary to an employee under the personal services line item
7from the General Revenue Fund.
8    (a-3) For fiscal year 2011 only, at the time of each
9payment of salary to an employee under the personal services
10line item from a fund other than the General Revenue Fund,
11payment shall be made for deposit into the State Employees'
12Retirement System of Illinois from the amount appropriated for
13State contributions to the State Employees' Retirement System
14of Illinois of an amount calculated at the rate certified for
15fiscal year 2011 by the Board of Trustees of the State
16Employees' Retirement System of Illinois under Section
1714-135.08 of the Illinois Pension Code. This payment shall be
18made to the extent that a line item appropriation to an
19employer for this purpose is available or unexhausted. For
20fiscal year 2011 only, no payment from appropriations for State
21contributions shall be made in conjunction with payment of
22salary to an employee under the personal services line item
23from the General Revenue Fund.
24    (a-4) In fiscal years 2012 through 2015 2014 only, at the
25time of each payment of salary to an employee under the
26personal services line item from a fund other than the General

 

 

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1Revenue Fund, payment shall be made for deposit into the State
2Employees' Retirement System of Illinois from the amount
3appropriated for State contributions to the State Employees'
4Retirement System of Illinois of an amount calculated at the
5rate certified for the applicable fiscal year by the Board of
6Trustees of the State Employees' Retirement System of Illinois
7under Section 14-135.08 of the Illinois Pension Code. In fiscal
8years 2012 through 2015 2014 only, no payment from
9appropriations for State contributions shall be made in
10conjunction with payment of salary to an employee under the
11personal services line item from the General Revenue Fund.
12    (b) Except during the period beginning on the effective
13date of this amendatory Act of the 93rd General Assembly and
14ending at the time of the payment of the final payroll from
15fiscal year 2004 appropriations, the State Comptroller shall
16not approve for payment any payroll voucher that (1) includes
17payments of salary to eligible employees in the State
18Employees' Retirement System of Illinois and (2) does not
19include the corresponding payment of State contributions to
20that retirement system at the full rate certified under Section
2114-135.08 for that fiscal year for eligible employees, unless
22the balance in the fund on which the payroll voucher is drawn
23is insufficient to pay the total payroll voucher, or
24unavailable due to any limitation on appropriations that may
25apply, including, but not limited to, limitations on
26appropriations from the Road Fund under Section 8.3 of the

 

 

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1State Finance Act. If the State Comptroller approves a payroll
2voucher under this Section for which the fund balance is
3insufficient to pay the full amount of the required State
4contribution to the State Employees' Retirement System, the
5Comptroller shall promptly so notify the Retirement System.
6    (b-1) For fiscal year 2010 and fiscal year 2011 only, the
7State Comptroller shall not approve for payment any non-General
8Revenue Fund payroll voucher that (1) includes payments of
9salary to eligible employees in the State Employees' Retirement
10System of Illinois and (2) does not include the corresponding
11payment of State contributions to that retirement system at the
12full rate certified under Section 14-135.08 for that fiscal
13year for eligible employees, unless the balance in the fund on
14which the payroll voucher is drawn is insufficient to pay the
15total payroll voucher, or unavailable due to any limitation on
16appropriations that may apply, including, but not limited to,
17limitations on appropriations from the Road Fund under Section
188.3 of the State Finance Act. If the State Comptroller approves
19a payroll voucher under this Section for which the fund balance
20is insufficient to pay the full amount of the required State
21contribution to the State Employees' Retirement System of
22Illinois, the Comptroller shall promptly so notify the
23retirement system.
24    (c) Notwithstanding any other provisions of law, beginning
25July 1, 2007, required State and employee contributions to the
26State Employees' Retirement System of Illinois relating to

 

 

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1affected legislative staff employees shall be paid out of
2moneys appropriated for that purpose to the Commission on
3Government Forecasting and Accountability, rather than out of
4the lump-sum appropriations otherwise made for the payroll and
5other costs of those employees.
6    These payments must be made pursuant to payroll vouchers
7submitted by the employing entity as part of the regular
8payroll voucher process.
9    For the purpose of this subsection, "affected legislative
10staff employees" means legislative staff employees paid out of
11lump-sum appropriations made to the General Assembly, an
12Officer of the General Assembly, or the Senate Operations
13Commission, but does not include district-office staff or
14employees of legislative support services agencies.
15(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
16eff. 6-19-13.)
 
17    Section 25-10. The Illinois Pension Code is amended by
18changing Section 14-131 as follows:
 
19    (40 ILCS 5/14-131)
20    (Text of Section before amendment by P.A. 98-599)
21    Sec. 14-131. Contributions by State.
22    (a) The State shall make contributions to the System by
23appropriations of amounts which, together with other employer
24contributions from trust, federal, and other funds, employee

 

 

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1contributions, investment income, and other income, will be
2sufficient to meet the cost of maintaining and administering
3the System on a 90% funded basis in accordance with actuarial
4recommendations.
5    For the purposes of this Section and Section 14-135.08,
6references to State contributions refer only to employer
7contributions and do not include employee contributions that
8are picked up or otherwise paid by the State or a department on
9behalf of the employee.
10    (b) The Board shall determine the total amount of State
11contributions required for each fiscal year on the basis of the
12actuarial tables and other assumptions adopted by the Board,
13using the formula in subsection (e).
14    The Board shall also determine a State contribution rate
15for each fiscal year, expressed as a percentage of payroll,
16based on the total required State contribution for that fiscal
17year (less the amount received by the System from
18appropriations under Section 8.12 of the State Finance Act and
19Section 1 of the State Pension Funds Continuing Appropriation
20Act, if any, for the fiscal year ending on the June 30
21immediately preceding the applicable November 15 certification
22deadline), the estimated payroll (including all forms of
23compensation) for personal services rendered by eligible
24employees, and the recommendations of the actuary.
25    For the purposes of this Section and Section 14.1 of the
26State Finance Act, the term "eligible employees" includes

 

 

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1employees who participate in the System, persons who may elect
2to participate in the System but have not so elected, persons
3who are serving a qualifying period that is required for
4participation, and annuitants employed by a department as
5described in subdivision (a)(1) or (a)(2) of Section 14-111.
6    (c) Contributions shall be made by the several departments
7for each pay period by warrants drawn by the State Comptroller
8against their respective funds or appropriations based upon
9vouchers stating the amount to be so contributed. These amounts
10shall be based on the full rate certified by the Board under
11Section 14-135.08 for that fiscal year. From the effective date
12of this amendatory Act of the 93rd General Assembly through the
13payment of the final payroll from fiscal year 2004
14appropriations, the several departments shall not make
15contributions for the remainder of fiscal year 2004 but shall
16instead make payments as required under subsection (a-1) of
17Section 14.1 of the State Finance Act. The several departments
18shall resume those contributions at the commencement of fiscal
19year 2005.
20    (c-1) Notwithstanding subsection (c) of this Section, for
21fiscal years 2010, 2012, 2013, and 2014, and 2015 only,
22contributions by the several departments are not required to be
23made for General Revenue Funds payrolls processed by the
24Comptroller. Payrolls paid by the several departments from all
25other State funds must continue to be processed pursuant to
26subsection (c) of this Section.

 

 

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1    (c-2) For State fiscal years 2010, 2012, 2013, and 2014,
2and 2015 only, on or as soon as possible after the 15th day of
3each month, the Board shall submit vouchers for payment of
4State contributions to the System, in a total monthly amount of
5one-twelfth of the fiscal year General Revenue Fund
6contribution as certified by the System pursuant to Section
714-135.08 of the Illinois Pension Code.
8    (d) If an employee is paid from trust funds or federal
9funds, the department or other employer shall pay employer
10contributions from those funds to the System at the certified
11rate, unless the terms of the trust or the federal-State
12agreement preclude the use of the funds for that purpose, in
13which case the required employer contributions shall be paid by
14the State. From the effective date of this amendatory Act of
15the 93rd General Assembly through the payment of the final
16payroll from fiscal year 2004 appropriations, the department or
17other employer shall not pay contributions for the remainder of
18fiscal year 2004 but shall instead make payments as required
19under subsection (a-1) of Section 14.1 of the State Finance
20Act. The department or other employer shall resume payment of
21contributions at the commencement of fiscal year 2005.
22    (e) For State fiscal years 2012 through 2045, the minimum
23contribution to the System to be made by the State for each
24fiscal year shall be an amount determined by the System to be
25sufficient to bring the total assets of the System up to 90% of
26the total actuarial liabilities of the System by the end of

 

 

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1State fiscal year 2045. In making these determinations, the
2required State contribution shall be calculated each year as a
3level percentage of payroll over the years remaining to and
4including fiscal year 2045 and shall be determined under the
5projected unit credit actuarial cost method.
6    For State fiscal years 1996 through 2005, the State
7contribution to the System, as a percentage of the applicable
8employee payroll, shall be increased in equal annual increments
9so that by State fiscal year 2011, the State is contributing at
10the rate required under this Section; except that (i) for State
11fiscal year 1998, for all purposes of this Code and any other
12law of this State, the certified percentage of the applicable
13employee payroll shall be 5.052% for employees earning eligible
14creditable service under Section 14-110 and 6.500% for all
15other employees, notwithstanding any contrary certification
16made under Section 14-135.08 before the effective date of this
17amendatory Act of 1997, and (ii) in the following specified
18State fiscal years, the State contribution to the System shall
19not be less than the following indicated percentages of the
20applicable employee payroll, even if the indicated percentage
21will produce a State contribution in excess of the amount
22otherwise required under this subsection and subsection (a):
239.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
242002; 10.6% in FY 2003; and 10.8% in FY 2004.
25    Notwithstanding any other provision of this Article, the
26total required State contribution to the System for State

 

 

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1fiscal year 2006 is $203,783,900.
2    Notwithstanding any other provision of this Article, the
3total required State contribution to the System for State
4fiscal year 2007 is $344,164,400.
5    For each of State fiscal years 2008 through 2009, the State
6contribution to the System, as a percentage of the applicable
7employee payroll, shall be increased in equal annual increments
8from the required State contribution for State fiscal year
92007, so that by State fiscal year 2011, the State is
10contributing at the rate otherwise required under this Section.
11    Notwithstanding any other provision of this Article, the
12total required State General Revenue Fund contribution for
13State fiscal year 2010 is $723,703,100 and shall be made from
14the proceeds of bonds sold in fiscal year 2010 pursuant to
15Section 7.2 of the General Obligation Bond Act, less (i) the
16pro rata share of bond sale expenses determined by the System's
17share of total bond proceeds, (ii) any amounts received from
18the General Revenue Fund in fiscal year 2010, and (iii) any
19reduction in bond proceeds due to the issuance of discounted
20bonds, if applicable.
21    Notwithstanding any other provision of this Article, the
22total required State General Revenue Fund contribution for
23State fiscal year 2011 is the amount recertified by the System
24on or before April 1, 2011 pursuant to Section 14-135.08 and
25shall be made from the proceeds of bonds sold in fiscal year
262011 pursuant to Section 7.2 of the General Obligation Bond

 

 

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1Act, less (i) the pro rata share of bond sale expenses
2determined by the System's share of total bond proceeds, (ii)
3any amounts received from the General Revenue Fund in fiscal
4year 2011, and (iii) any reduction in bond proceeds due to the
5issuance of discounted bonds, if applicable.
6    Beginning in State fiscal year 2046, the minimum State
7contribution for each fiscal year shall be the amount needed to
8maintain the total assets of the System at 90% of the total
9actuarial liabilities of the System.
10    Amounts received by the System pursuant to Section 25 of
11the Budget Stabilization Act or Section 8.12 of the State
12Finance Act in any fiscal year do not reduce and do not
13constitute payment of any portion of the minimum State
14contribution required under this Article in that fiscal year.
15Such amounts shall not reduce, and shall not be included in the
16calculation of, the required State contributions under this
17Article in any future year until the System has reached a
18funding ratio of at least 90%. A reference in this Article to
19the "required State contribution" or any substantially similar
20term does not include or apply to any amounts payable to the
21System under Section 25 of the Budget Stabilization Act.
22    Notwithstanding any other provision of this Section, the
23required State contribution for State fiscal year 2005 and for
24fiscal year 2008 and each fiscal year thereafter, as calculated
25under this Section and certified under Section 14-135.08, shall
26not exceed an amount equal to (i) the amount of the required

 

 

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1State contribution that would have been calculated under this
2Section for that fiscal year if the System had not received any
3payments under subsection (d) of Section 7.2 of the General
4Obligation Bond Act, minus (ii) the portion of the State's
5total debt service payments for that fiscal year on the bonds
6issued in fiscal year 2003 for the purposes of that Section
77.2, as determined and certified by the Comptroller, that is
8the same as the System's portion of the total moneys
9distributed under subsection (d) of Section 7.2 of the General
10Obligation Bond Act. In determining this maximum for State
11fiscal years 2008 through 2010, however, the amount referred to
12in item (i) shall be increased, as a percentage of the
13applicable employee payroll, in equal increments calculated
14from the sum of the required State contribution for State
15fiscal year 2007 plus the applicable portion of the State's
16total debt service payments for fiscal year 2007 on the bonds
17issued in fiscal year 2003 for the purposes of Section 7.2 of
18the General Obligation Bond Act, so that, by State fiscal year
192011, the State is contributing at the rate otherwise required
20under this Section.
21    (f) After the submission of all payments for eligible
22employees from personal services line items in fiscal year 2004
23have been made, the Comptroller shall provide to the System a
24certification of the sum of all fiscal year 2004 expenditures
25for personal services that would have been covered by payments
26to the System under this Section if the provisions of this

 

 

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1amendatory Act of the 93rd General Assembly had not been
2enacted. Upon receipt of the certification, the System shall
3determine the amount due to the System based on the full rate
4certified by the Board under Section 14-135.08 for fiscal year
52004 in order to meet the State's obligation under this
6Section. The System shall compare this amount due to the amount
7received by the System in fiscal year 2004 through payments
8under this Section and under Section 6z-61 of the State Finance
9Act. If the amount due is more than the amount received, the
10difference shall be termed the "Fiscal Year 2004 Shortfall" for
11purposes of this Section, and the Fiscal Year 2004 Shortfall
12shall be satisfied under Section 1.2 of the State Pension Funds
13Continuing Appropriation Act. If the amount due is less than
14the amount received, the difference shall be termed the "Fiscal
15Year 2004 Overpayment" for purposes of this Section, and the
16Fiscal Year 2004 Overpayment shall be repaid by the System to
17the Pension Contribution Fund as soon as practicable after the
18certification.
19    (g) For purposes of determining the required State
20contribution to the System, the value of the System's assets
21shall be equal to the actuarial value of the System's assets,
22which shall be calculated as follows:
23    As of June 30, 2008, the actuarial value of the System's
24assets shall be equal to the market value of the assets as of
25that date. In determining the actuarial value of the System's
26assets for fiscal years after June 30, 2008, any actuarial

 

 

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1gains or losses from investment return incurred in a fiscal
2year shall be recognized in equal annual amounts over the
35-year period following that fiscal year.
4    (h) For purposes of determining the required State
5contribution to the System for a particular year, the actuarial
6value of assets shall be assumed to earn a rate of return equal
7to the System's actuarially assumed rate of return.
8    (i) After the submission of all payments for eligible
9employees from personal services line items paid from the
10General Revenue Fund in fiscal year 2010 have been made, the
11Comptroller shall provide to the System a certification of the
12sum of all fiscal year 2010 expenditures for personal services
13that would have been covered by payments to the System under
14this Section if the provisions of this amendatory Act of the
1596th General Assembly had not been enacted. Upon receipt of the
16certification, the System shall determine the amount due to the
17System based on the full rate certified by the Board under
18Section 14-135.08 for fiscal year 2010 in order to meet the
19State's obligation under this Section. The System shall compare
20this amount due to the amount received by the System in fiscal
21year 2010 through payments under this Section. If the amount
22due is more than the amount received, the difference shall be
23termed the "Fiscal Year 2010 Shortfall" for purposes of this
24Section, and the Fiscal Year 2010 Shortfall shall be satisfied
25under Section 1.2 of the State Pension Funds Continuing
26Appropriation Act. If the amount due is less than the amount

 

 

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1received, the difference shall be termed the "Fiscal Year 2010
2Overpayment" for purposes of this Section, and the Fiscal Year
32010 Overpayment shall be repaid by the System to the General
4Revenue Fund as soon as practicable after the certification.
5    (j) After the submission of all payments for eligible
6employees from personal services line items paid from the
7General Revenue Fund in fiscal year 2011 have been made, the
8Comptroller shall provide to the System a certification of the
9sum of all fiscal year 2011 expenditures for personal services
10that would have been covered by payments to the System under
11this Section if the provisions of this amendatory Act of the
1296th General Assembly had not been enacted. Upon receipt of the
13certification, the System shall determine the amount due to the
14System based on the full rate certified by the Board under
15Section 14-135.08 for fiscal year 2011 in order to meet the
16State's obligation under this Section. The System shall compare
17this amount due to the amount received by the System in fiscal
18year 2011 through payments under this Section. If the amount
19due is more than the amount received, the difference shall be
20termed the "Fiscal Year 2011 Shortfall" for purposes of this
21Section, and the Fiscal Year 2011 Shortfall shall be satisfied
22under Section 1.2 of the State Pension Funds Continuing
23Appropriation Act. If the amount due is less than the amount
24received, the difference shall be termed the "Fiscal Year 2011
25Overpayment" for purposes of this Section, and the Fiscal Year
262011 Overpayment shall be repaid by the System to the General

 

 

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1Revenue Fund as soon as practicable after the certification.
2    (k) For fiscal years 2012 through 2015 2014 only, after the
3submission of all payments for eligible employees from personal
4services line items paid from the General Revenue Fund in the
5fiscal year have been made, the Comptroller shall provide to
6the System a certification of the sum of all expenditures in
7the fiscal year for personal services. Upon receipt of the
8certification, the System shall determine the amount due to the
9System based on the full rate certified by the Board under
10Section 14-135.08 for the fiscal year in order to meet the
11State's obligation under this Section. The System shall compare
12this amount due to the amount received by the System for the
13fiscal year. If the amount due is more than the amount
14received, the difference shall be termed the "Prior Fiscal Year
15Shortfall" for purposes of this Section, and the Prior Fiscal
16Year Shortfall shall be satisfied under Section 1.2 of the
17State Pension Funds Continuing Appropriation Act. If the amount
18due is less than the amount received, the difference shall be
19termed the "Prior Fiscal Year Overpayment" for purposes of this
20Section, and the Prior Fiscal Year Overpayment shall be repaid
21by the System to the General Revenue Fund as soon as
22practicable after the certification.
23(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
24eff. 6-19-13.)
 
25    (Text of Section after amendment by P.A. 98-599)

 

 

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1    Sec. 14-131. Contributions by State.
2    (a) The State shall make contributions to the System by
3appropriations of amounts which, together with other employer
4contributions from trust, federal, and other funds, employee
5contributions, investment income, and other income, will be
6sufficient to meet the cost of maintaining and administering
7the System on a 100% funded basis in accordance with actuarial
8recommendations by the end of State fiscal year 2044.
9    For the purposes of this Section and Section 14-135.08,
10references to State contributions refer only to employer
11contributions and do not include employee contributions that
12are picked up or otherwise paid by the State or a department on
13behalf of the employee.
14    (b) The Board shall determine the total amount of State
15contributions required for each fiscal year on the basis of the
16actuarial tables and other assumptions adopted by the Board,
17using the formula in subsection (e).
18    The Board shall also determine a State contribution rate
19for each fiscal year, expressed as a percentage of payroll,
20based on the total required State contribution for that fiscal
21year (less the amount received by the System from
22appropriations under Section 8.12 of the State Finance Act and
23Section 1 of the State Pension Funds Continuing Appropriation
24Act, if any, for the fiscal year ending on the June 30
25immediately preceding the applicable November 15 certification
26deadline), the estimated payroll (including all forms of

 

 

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1compensation) for personal services rendered by eligible
2employees, and the recommendations of the actuary.
3    For the purposes of this Section and Section 14.1 of the
4State Finance Act, the term "eligible employees" includes
5employees who participate in the System, persons who may elect
6to participate in the System but have not so elected, persons
7who are serving a qualifying period that is required for
8participation, and annuitants employed by a department as
9described in subdivision (a)(1) or (a)(2) of Section 14-111.
10    (c) Contributions shall be made by the several departments
11for each pay period by warrants drawn by the State Comptroller
12against their respective funds or appropriations based upon
13vouchers stating the amount to be so contributed. These amounts
14shall be based on the full rate certified by the Board under
15Section 14-135.08 for that fiscal year. From the effective date
16of this amendatory Act of the 93rd General Assembly through the
17payment of the final payroll from fiscal year 2004
18appropriations, the several departments shall not make
19contributions for the remainder of fiscal year 2004 but shall
20instead make payments as required under subsection (a-1) of
21Section 14.1 of the State Finance Act. The several departments
22shall resume those contributions at the commencement of fiscal
23year 2005.
24    (c-1) Notwithstanding subsection (c) of this Section, for
25fiscal years 2010, 2012, 2013, and 2014, and 2015 only,
26contributions by the several departments are not required to be

 

 

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1made for General Revenue Funds payrolls processed by the
2Comptroller. Payrolls paid by the several departments from all
3other State funds must continue to be processed pursuant to
4subsection (c) of this Section.
5    (c-2) For State fiscal years 2010, 2012, 2013, and 2014,
6and 2015 only, on or as soon as possible after the 15th day of
7each month, the Board shall submit vouchers for payment of
8State contributions to the System, in a total monthly amount of
9one-twelfth of the fiscal year General Revenue Fund
10contribution as certified by the System pursuant to Section
1114-135.08 of the Illinois Pension Code.
12    (d) If an employee is paid from trust funds or federal
13funds, the department or other employer shall pay employer
14contributions from those funds to the System at the certified
15rate, unless the terms of the trust or the federal-State
16agreement preclude the use of the funds for that purpose, in
17which case the required employer contributions shall be paid by
18the State. From the effective date of this amendatory Act of
19the 93rd General Assembly through the payment of the final
20payroll from fiscal year 2004 appropriations, the department or
21other employer shall not pay contributions for the remainder of
22fiscal year 2004 but shall instead make payments as required
23under subsection (a-1) of Section 14.1 of the State Finance
24Act. The department or other employer shall resume payment of
25contributions at the commencement of fiscal year 2005.
26    (e) For State fiscal years 2015 through 2044, the minimum

 

 

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1contribution to the System to be made by the State for each
2fiscal year shall be an amount determined by the System to be
3equal to the sum of (1) the State's portion of the projected
4normal cost for that fiscal year, plus (2) an amount sufficient
5to bring the total assets of the System up to 100% of the total
6actuarial liabilities of the System by the end of State fiscal
7year 2044. In making these determinations, the required State
8contribution shall be calculated each year as a level
9percentage of payroll over the years remaining to and including
10fiscal year 2044 and shall be determined under the projected
11unit cost method for fiscal year 2015 and under the entry age
12normal actuarial cost method for fiscal years 2016 through
132044.
14    For State fiscal years 2012 through 2014, the minimum
15contribution to the System to be made by the State for each
16fiscal year shall be an amount determined by the System to be
17sufficient to bring the total assets of the System up to 90% of
18the total actuarial liabilities of the System by the end of
19State fiscal year 2045. In making these determinations, the
20required State contribution shall be calculated each year as a
21level percentage of payroll over the years remaining to and
22including fiscal year 2045 and shall be determined under the
23projected unit credit actuarial cost method.
24    For State fiscal years 1996 through 2005, the State
25contribution to the System, as a percentage of the applicable
26employee payroll, shall be increased in equal annual increments

 

 

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1so that by State fiscal year 2011, the State is contributing at
2the rate required under this Section; except that (i) for State
3fiscal year 1998, for all purposes of this Code and any other
4law of this State, the certified percentage of the applicable
5employee payroll shall be 5.052% for employees earning eligible
6creditable service under Section 14-110 and 6.500% for all
7other employees, notwithstanding any contrary certification
8made under Section 14-135.08 before the effective date of this
9amendatory Act of 1997, and (ii) in the following specified
10State fiscal years, the State contribution to the System shall
11not be less than the following indicated percentages of the
12applicable employee payroll, even if the indicated percentage
13will produce a State contribution in excess of the amount
14otherwise required under this subsection and subsection (a):
159.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
162002; 10.6% in FY 2003; and 10.8% in FY 2004.
17    Notwithstanding any other provision of this Article, the
18total required State contribution to the System for State
19fiscal year 2006 is $203,783,900.
20    Notwithstanding any other provision of this Article, the
21total required State contribution to the System for State
22fiscal year 2007 is $344,164,400.
23    For each of State fiscal years 2008 through 2009, the State
24contribution to the System, as a percentage of the applicable
25employee payroll, shall be increased in equal annual increments
26from the required State contribution for State fiscal year

 

 

SB0220 Enrolled- 194 -LRB098 04693 OMW 34721 b

12007, so that by State fiscal year 2011, the State is
2contributing at the rate otherwise required under this Section.
3    Notwithstanding any other provision of this Article, the
4total required State General Revenue Fund contribution for
5State fiscal year 2010 is $723,703,100 and shall be made from
6the proceeds of bonds sold in fiscal year 2010 pursuant to
7Section 7.2 of the General Obligation Bond Act, less (i) the
8pro rata share of bond sale expenses determined by the System's
9share of total bond proceeds, (ii) any amounts received from
10the General Revenue Fund in fiscal year 2010, and (iii) any
11reduction in bond proceeds due to the issuance of discounted
12bonds, if applicable.
13    Notwithstanding any other provision of this Article, the
14total required State General Revenue Fund contribution for
15State fiscal year 2011 is the amount recertified by the System
16on or before April 1, 2011 pursuant to Section 14-135.08 and
17shall be made from the proceeds of bonds sold in fiscal year
182011 pursuant to Section 7.2 of the General Obligation Bond
19Act, less (i) the pro rata share of bond sale expenses
20determined by the System's share of total bond proceeds, (ii)
21any amounts received from the General Revenue Fund in fiscal
22year 2011, and (iii) any reduction in bond proceeds due to the
23issuance of discounted bonds, if applicable.
24    Beginning in State fiscal year 2045, the minimum State
25contribution for each fiscal year shall be the amount needed to
26maintain the total assets of the System at 100% of the total

 

 

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1actuarial liabilities of the System.
2    Amounts received by the System pursuant to Section 25 of
3the Budget Stabilization Act or Section 8.12 of the State
4Finance Act in any fiscal year do not reduce and do not
5constitute payment of any portion of the minimum State
6contribution required under this Article in that fiscal year.
7Such amounts shall not reduce, and shall not be included in the
8calculation of, the required State contributions under this
9Article in any future year until the System has reached a
10funding ratio of at least 100%. A reference in this Article to
11the "required State contribution" or any substantially similar
12term does not include or apply to any amounts payable to the
13System under Section 25 of the Budget Stabilization Act.
14    Notwithstanding any other provision of this Section, the
15required State contribution for State fiscal year 2005 and for
16fiscal year 2008 and each fiscal year thereafter through State
17fiscal year 2014, as calculated under this Section and
18certified under Section 14-135.08, shall not exceed an amount
19equal to (i) the amount of the required State contribution that
20would have been calculated under this Section for that fiscal
21year if the System had not received any payments under
22subsection (d) of Section 7.2 of the General Obligation Bond
23Act, minus (ii) the portion of the State's total debt service
24payments for that fiscal year on the bonds issued in fiscal
25year 2003 for the purposes of that Section 7.2, as determined
26and certified by the Comptroller, that is the same as the

 

 

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1System's portion of the total moneys distributed under
2subsection (d) of Section 7.2 of the General Obligation Bond
3Act. In determining this maximum for State fiscal years 2008
4through 2010, however, the amount referred to in item (i) shall
5be increased, as a percentage of the applicable employee
6payroll, in equal increments calculated from the sum of the
7required State contribution for State fiscal year 2007 plus the
8applicable portion of the State's total debt service payments
9for fiscal year 2007 on the bonds issued in fiscal year 2003
10for the purposes of Section 7.2 of the General Obligation Bond
11Act, so that, by State fiscal year 2011, the State is
12contributing at the rate otherwise required under this Section.
13    (f) After the submission of all payments for eligible
14employees from personal services line items in fiscal year 2004
15have been made, the Comptroller shall provide to the System a
16certification of the sum of all fiscal year 2004 expenditures
17for personal services that would have been covered by payments
18to the System under this Section if the provisions of this
19amendatory Act of the 93rd General Assembly had not been
20enacted. Upon receipt of the certification, the System shall
21determine the amount due to the System based on the full rate
22certified by the Board under Section 14-135.08 for fiscal year
232004 in order to meet the State's obligation under this
24Section. The System shall compare this amount due to the amount
25received by the System in fiscal year 2004 through payments
26under this Section and under Section 6z-61 of the State Finance

 

 

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1Act. If the amount due is more than the amount received, the
2difference shall be termed the "Fiscal Year 2004 Shortfall" for
3purposes of this Section, and the Fiscal Year 2004 Shortfall
4shall be satisfied under Section 1.2 of the State Pension Funds
5Continuing Appropriation Act. If the amount due is less than
6the amount received, the difference shall be termed the "Fiscal
7Year 2004 Overpayment" for purposes of this Section, and the
8Fiscal Year 2004 Overpayment shall be repaid by the System to
9the Pension Contribution Fund as soon as practicable after the
10certification.
11    (g) For purposes of determining the required State
12contribution to the System, the value of the System's assets
13shall be equal to the actuarial value of the System's assets,
14which shall be calculated as follows:
15    As of June 30, 2008, the actuarial value of the System's
16assets shall be equal to the market value of the assets as of
17that date. In determining the actuarial value of the System's
18assets for fiscal years after June 30, 2008, any actuarial
19gains or losses from investment return incurred in a fiscal
20year shall be recognized in equal annual amounts over the
215-year period following that fiscal year.
22    (h) For purposes of determining the required State
23contribution to the System for a particular year, the actuarial
24value of assets shall be assumed to earn a rate of return equal
25to the System's actuarially assumed rate of return.
26    (i) After the submission of all payments for eligible

 

 

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1employees from personal services line items paid from the
2General Revenue Fund in fiscal year 2010 have been made, the
3Comptroller shall provide to the System a certification of the
4sum of all fiscal year 2010 expenditures for personal services
5that would have been covered by payments to the System under
6this Section if the provisions of this amendatory Act of the
796th General Assembly had not been enacted. Upon receipt of the
8certification, the System shall determine the amount due to the
9System based on the full rate certified by the Board under
10Section 14-135.08 for fiscal year 2010 in order to meet the
11State's obligation under this Section. The System shall compare
12this amount due to the amount received by the System in fiscal
13year 2010 through payments under this Section. If the amount
14due is more than the amount received, the difference shall be
15termed the "Fiscal Year 2010 Shortfall" for purposes of this
16Section, and the Fiscal Year 2010 Shortfall shall be satisfied
17under Section 1.2 of the State Pension Funds Continuing
18Appropriation Act. If the amount due is less than the amount
19received, the difference shall be termed the "Fiscal Year 2010
20Overpayment" for purposes of this Section, and the Fiscal Year
212010 Overpayment shall be repaid by the System to the General
22Revenue Fund as soon as practicable after the certification.
23    (j) After the submission of all payments for eligible
24employees from personal services line items paid from the
25General Revenue Fund in fiscal year 2011 have been made, the
26Comptroller shall provide to the System a certification of the

 

 

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1sum of all fiscal year 2011 expenditures for personal services
2that would have been covered by payments to the System under
3this Section if the provisions of this amendatory Act of the
496th General Assembly had not been enacted. Upon receipt of the
5certification, the System shall determine the amount due to the
6System based on the full rate certified by the Board under
7Section 14-135.08 for fiscal year 2011 in order to meet the
8State's obligation under this Section. The System shall compare
9this amount due to the amount received by the System in fiscal
10year 2011 through payments under this Section. If the amount
11due is more than the amount received, the difference shall be
12termed the "Fiscal Year 2011 Shortfall" for purposes of this
13Section, and the Fiscal Year 2011 Shortfall shall be satisfied
14under Section 1.2 of the State Pension Funds Continuing
15Appropriation Act. If the amount due is less than the amount
16received, the difference shall be termed the "Fiscal Year 2011
17Overpayment" for purposes of this Section, and the Fiscal Year
182011 Overpayment shall be repaid by the System to the General
19Revenue Fund as soon as practicable after the certification.
20    (k) For fiscal years 2012 through 2015 2014 only, after the
21submission of all payments for eligible employees from personal
22services line items paid from the General Revenue Fund in the
23fiscal year have been made, the Comptroller shall provide to
24the System a certification of the sum of all expenditures in
25the fiscal year for personal services. Upon receipt of the
26certification, the System shall determine the amount due to the

 

 

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1System based on the full rate certified by the Board under
2Section 14-135.08 for the fiscal year in order to meet the
3State's obligation under this Section. The System shall compare
4this amount due to the amount received by the System for the
5fiscal year. If the amount due is more than the amount
6received, the difference shall be termed the "Prior Fiscal Year
7Shortfall" for purposes of this Section, and the Prior Fiscal
8Year Shortfall shall be satisfied under Section 1.2 of the
9State Pension Funds Continuing Appropriation Act. If the amount
10due is less than the amount received, the difference shall be
11termed the "Prior Fiscal Year Overpayment" for purposes of this
12Section, and the Prior Fiscal Year Overpayment shall be repaid
13by the System to the General Revenue Fund as soon as
14practicable after the certification.
15(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
16eff. 6-19-13; 98-599, eff. 6-1-14.)
 
17    Section 25-15. The State Pension Funds Continuing
18Appropriation Act is amended by changing Section 1.2 as
19follows:
 
20    (40 ILCS 15/1.2)
21    Sec. 1.2. Appropriations for the State Employees'
22Retirement System.
23    (a) From each fund from which an amount is appropriated for
24personal services to a department or other employer under

 

 

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1Article 14 of the Illinois Pension Code, there is hereby
2appropriated to that department or other employer, on a
3continuing annual basis for each State fiscal year, an
4additional amount equal to the amount, if any, by which (1) an
5amount equal to the percentage of the personal services line
6item for that department or employer from that fund for that
7fiscal year that the Board of Trustees of the State Employees'
8Retirement System of Illinois has certified under Section
914-135.08 of the Illinois Pension Code to be necessary to meet
10the State's obligation under Section 14-131 of the Illinois
11Pension Code for that fiscal year, exceeds (2) the amounts
12otherwise appropriated to that department or employer from that
13fund for State contributions to the State Employees' Retirement
14System for that fiscal year. From the effective date of this
15amendatory Act of the 93rd General Assembly through the final
16payment from a department or employer's personal services line
17item for fiscal year 2004, payments to the State Employees'
18Retirement System that otherwise would have been made under
19this subsection (a) shall be governed by the provisions in
20subsection (a-1).
21    (a-1) If a Fiscal Year 2004 Shortfall is certified under
22subsection (f) of Section 14-131 of the Illinois Pension Code,
23there is hereby appropriated to the State Employees' Retirement
24System of Illinois on a continuing basis from the General
25Revenue Fund an additional aggregate amount equal to the Fiscal
26Year 2004 Shortfall.

 

 

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1    (a-2) If a Fiscal Year 2010 Shortfall is certified under
2subsection (i) (g) of Section 14-131 of the Illinois Pension
3Code, there is hereby appropriated to the State Employees'
4Retirement System of Illinois on a continuing basis from the
5General Revenue Fund an additional aggregate amount equal to
6the Fiscal Year 2010 Shortfall.
7    (b) The continuing appropriations provided for by this
8Section shall first be available in State fiscal year 1996.
9    (c) Beginning in Fiscal Year 2005, any continuing
10appropriation under this Section arising out of an
11appropriation for personal services from the Road Fund to the
12Department of State Police or the Secretary of State shall be
13payable from the General Revenue Fund rather than the Road
14Fund.
15    (d) For State fiscal year 2010 only, a continuing
16appropriation is provided to the State Employees' Retirement
17System equal to the amount certified by the System on or before
18December 31, 2008, less the gross proceeds of the bonds sold in
19fiscal year 2010 under the authorization contained in
20subsection (a) of Section 7.2 of the General Obligation Bond
21Act.
22    (e) For State fiscal year 2011 only, the continuing
23appropriation under this Section provided to the State
24Employees' Retirement System is limited to an amount equal to
25the amount certified by the System on or before December 31,
262009, less any amounts received pursuant to subsection (a-3) of

 

 

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1Section 14.1 of the State Finance Act.
2    (f) For State fiscal year 2011 only, a continuing
3appropriation is provided to the State Employees' Retirement
4System equal to the amount certified by the System on or before
5April 1, 2011, less the gross proceeds of the bonds sold in
6fiscal year 2011 under the authorization contained in
7subsection (a) of Section 7.2 of the General Obligation Bond
8Act.
9(Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; 96-958,
10eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11;
1196-1511, eff. 1-27-11; 97-813, eff. 7-13-12.)
 
12    Section 25-20. The Uniform Disposition of Unclaimed
13Property Act is amended by changing Section 18 as follows:
 
14    (765 ILCS 1025/18)  (from Ch. 141, par. 118)
15    Sec. 18. Deposit of funds received under the Act.
16    (a) The State Treasurer shall retain all funds received
17under this Act, including the proceeds from the sale of
18abandoned property under Section 17, in a trust fund. The State
19Treasurer may deposit any amount in the Trust Fund into the
20State Pensions Fund during the fiscal year at his or her
21discretion; however, he or she shall, on April 15 and October
2215 of each year, deposit any amount in the trust fund exceeding
23$2,500,000 into the State Pensions Fund. If on either April 15
24or October 15, the State Treasurer determines that a balance of

 

 

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1$2,500,000 is insufficient for the prompt payment of unclaimed
2property claims authorized under this Act, the Treasurer may
3retain more than $2,500,000 in the Unclaimed Property Trust
4Fund in order to ensure the prompt payment of claims. Beginning
5in State fiscal year 2016 2015, all amounts that are deposited
6into the State Pensions Fund from the Unclaimed Property Trust
7Fund shall be apportioned to the designated retirement systems
8as provided in subsection (c-6) of Section 8.12 of the State
9Finance Act to reduce their actuarial reserve deficiencies. He
10or she shall make prompt payment of claims he or she duly
11allows as provided for in this Act for the trust fund. Before
12making the deposit the State Treasurer shall record the name
13and last known address of each person appearing from the
14holders' reports to be entitled to the abandoned property. The
15record shall be available for public inspection during
16reasonable business hours.
17    (b) Before making any deposit to the credit of the State
18Pensions Fund, the State Treasurer may deduct: (1) any costs in
19connection with sale of abandoned property, (2) any costs of
20mailing and publication in connection with any abandoned
21property, and (3) any costs in connection with the maintenance
22of records or disposition of claims made pursuant to this Act.
23The State Treasurer shall semiannually file an itemized report
24of all such expenses with the Legislative Audit Commission.
25(Source: P.A. 97-732, eff. 6-30-12; 98-19, eff. 6-10-13; 98-24,
26eff. 6-19-13; revised 9-24-13.)
 

 

 

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1
ARTICLE 90. GENERAL PROVISIONS

 
2    Section 90-95. No acceleration or delay. Where this Act
3makes changes in a statute that is represented in this Act by
4text that is not yet or no longer in effect (for example, a
5Section represented by multiple versions), the use of that text
6does not accelerate or delay the taking effect of (i) the
7changes made by this Act or (ii) provisions derived from any
8other Public Act.
 
9    Section 90-97. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
 
11    Section 90-99. Effective date. This Act takes effect upon
12becoming law.