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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
6FY2017 Stopgap 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 2017 stopgap budget recommendations.
 
10
ARTICLE 5. AMENDATORY PROVISIONS

 
11    Section 5-5. The Illinois Lottery Law is amended by
12changing Section 7.12 as follows:
 
13    (20 ILCS 1605/7.12)
14    Sec. 7.12. Internet pilot program.
15    (a) The General Assembly finds that:
16        (1) the consumer market in Illinois has changed since
17    the creation of the Illinois State Lottery in 1974;
18        (2) the Internet has become an integral part of
19    everyday life for a significant number of Illinois

 

 

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1    residents not only in regards to their professional life,
2    but also in regards to personal business and communication;
3    and
4        (3) the current practices of selling lottery tickets
5    does not appeal to the new form of market participants who
6    prefer to make purchases on the Internet at their own
7    convenience.
8    It is the intent of the General Assembly to create an
9Internet pilot program for the sale of lottery tickets to
10capture this new form of market participant.
11    (b) The Department shall create a pilot program that allows
12an individual 18 years of age or older to purchase lottery
13tickets or shares on the Internet without using a Lottery
14retailer with on-line status, as those terms are defined by
15rule. The Department shall restrict the sale of lottery tickets
16on the Internet to transactions initiated and received or
17otherwise made exclusively within the State of Illinois. The
18Department shall adopt rules necessary for the administration
19of this program. These rules shall include, among other things,
20requirements for marketing of the Lottery to infrequent
21players, as well as limitations on the purchases that may be
22made through any one individual's lottery account. The
23provisions of this Act and the rules adopted under this Act
24shall apply to the sale of lottery tickets or shares under this
25program.
26    Before beginning the pilot program, the Department of the

 

 

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1Lottery must submit a request to the United States Department
2of Justice for review of the State's plan to implement a pilot
3program for the sale of lottery tickets on the Internet and its
4propriety under federal law. The Department shall implement the
5Internet pilot program only if the Department of Justice does
6not object to the implementation of the program within a
7reasonable period of time after its review.
8    The Department is obligated to implement the pilot program
9set forth in this Section and Sections 7.15 and 7.16 only at
10such time, and to such extent, that the Department of Justice
11does not object to the implementation of the program within a
12reasonable period of time after its review. While the Illinois
13Lottery may only offer Lotto, Mega Millions, and Powerball
14games through the pilot program, the Department shall request
15review from the federal Department of Justice for the Illinois
16Lottery to sell lottery tickets on the Internet on behalf of
17the State of Illinois that are not limited to just these games.
18    The Department shall authorize the private manager to
19implement and administer the program pursuant to the management
20agreement entered into under Section 9.1 and in a manner
21consistent with the provisions of this Section. If a private
22manager has not been selected pursuant to Section 9.1 at the
23time the Department is obligated to implement the pilot
24program, then the Department shall not proceed with the pilot
25program until after the selection of the private manager, at
26which time the Department shall authorize the private manager

 

 

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1to implement and administer the program pursuant to the
2management agreement entered into under Section 9.1 and in a
3manner consistent with the provisions of this Section.
4    The pilot program shall last for not less than 36 months,
5but not more than 48 months from the date of its initial
6operation.
7    Nothing in this Section shall be construed as prohibiting
8the Department from implementing and operating a website portal
9whereby individuals who are 18 years of age or older with an
10Illinois mailing address may apply to purchase lottery tickets
11via subscription. Nothing in this Section shall also be
12construed as prohibiting the sale of Lotto, Mega Millions, and
13Powerball games by a lottery licensee pursuant to the
14Department's rules.
15    (c) (Blank). There is created the Internet Lottery Study
16Committee as an advisory body within the Department. The
17Department shall conduct a study to determine the impact of the
18Internet pilot program on lottery licensees. The Department
19shall also determine the feasibility of the sale of stored
20value cards by lottery licensees as a non-exclusive option for
21use by individuals 18 years of age or older who purchase
22tickets for authorized lottery games in the Internet pilot
23program. For the purposes of this study, it is anticipated that
24the stored value cards will have, but need not be limited to,
25the following characteristics: (1) the cards will be available
26only to individuals 18 years of age and older; (2) the cards

 

 

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1will be rechargeable, closed-loop cards that can only be loaded
2with cash; (3) the cards will have unique identifying numbers
3to be used for on-line play; (4) the cards will have on-line
4play subtracted from the card's value; (5) the cards may have
5on-line winnings added to them; (6) the cards will be used at
6Lottery retailers to cash out winnings of up to $600; and (7)
7the cards will meet all technological, programming, and
8security requirements mandated by the Department and the
9governing bodies of both Mega Millions and Powerball.
10    To the fullest extent possible, but subject to available
11resources, the Department shall ensure that the study evaluates
12and analyzes at least the following issues:
13        (1) economic benefits to the State from Internet
14    Lottery sales from stored value cards and from resulting
15    sales taxes;
16        (2) economic benefits to local governments from sales
17    taxes generated from Internet Lottery sales through stored
18    value cards;
19        (3) economic benefits to Lottery retailers from
20    Internet Lottery sales and from ancillary retail product
21    sales in connection with the same;
22        (4) enhanced player age verification from face-to-face
23    interaction;
24        (5) enhanced control of gambling addiction from
25    face-to-face interaction;
26        (6) elimination of credit card overspending through

 

 

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1    the use of stored value cards and resulting reduced debt
2    issues;
3        (7) the feasibility of the utilization of existing
4    Lottery machines to dispense stored value cards;
5        (8) the technological, programming, and security
6    requirements to make stored value cards an appropriate
7    sales alternative; and
8        (9) the cost and project time estimates for
9    implementation, including adaptation of existing Lottery
10    machines, programming, and technology enhancements and
11    impact to operations.
12    The Study Committee shall consist of the Director or his or
13her designee; the chief executive officer of the Lottery's
14private manager or his or her designee; a representative
15appointed by the Governor's Office; 2 representatives of the
16lottery licensee community appointed by the Director; one
17representative of a statewide association representing food
18retailers appointed by the Director; and one representative of
19a statewide association representing retail merchants
20appointed by the Director.
21    Members of the Study Committee shall be appointed within 30
22days after the effective date of this amendatory Act of the
2397th General Assembly. No later than 6 months after the
24effective date of this amendatory Act of the 97th General
25Assembly, the Department shall provide to the members of the
26Study Committee the proposed findings and recommendations of

 

 

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1the study in order to solicit input from the Study Committee.
2Within 30 calendar days thereafter, the Study Committee shall
3convene a meeting of the members to discuss the proposed
4findings and recommendations of the study. No later than 15
5calendar days after meeting, the Study Committee shall submit
6to the Department any written changes, additions, or
7corrections the Study Committee wishes the Department to make
8to the study. The Department shall consider the propriety of
9and respond to each change, addition, or correction offered by
10the Study Committee in the study. The Department shall also set
11forth any such change, addition, or correction offered by
12members of the Study Committee and the Department's responses
13thereto in the appendix to the study. No later than 15 calendar
14days after receiving the changes, additions, or corrections
15offered by the Study Committee, the Department shall deliver
16copies of the final study and appendices, if any, to the
17Governor, President of the Senate, Minority Leader of the
18Senate, Speaker of the House of Representatives, Minority
19Leader of the House of Representatives, and each of the members
20of the Study Committee.
21    (d) This Section is repealed on July 1, 2017.
22(Source: P.A. 97-464, eff. 10-15-11; 97-1121, eff. 8-27-12;
2398-499, eff. 8-16-13.)
 
24    Section 5-7. The General Assembly Compensation Act is
25amended by changing Section 1 as follows:
 

 

 

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1    (25 ILCS 115/1)  (from Ch. 63, par. 14)
2    Sec. 1. Each member of the General Assembly shall receive
3an annual salary of $28,000 or as set by the Compensation
4Review Board, whichever is greater. The following named
5officers, committee chairmen and committee minority spokesmen
6shall receive additional amounts per year for their services as
7such officers, committee chairmen and committee minority
8spokesmen respectively, as set by the Compensation Review Board
9or, as follows, whichever is greater: Beginning the second
10Wednesday in January 1989, the Speaker and the minority leader
11of the House of Representatives and the President and the
12minority leader of the Senate, $16,000 each; the majority
13leader in the House of Representatives $13,500; 6 assistant
14majority leaders and 5 assistant minority leaders in the
15Senate, $12,000 each; 6 assistant majority leaders and 6
16assistant minority leaders in the House of Representatives,
17$10,500 each; 2 Deputy Majority leaders in the House of
18Representatives $11,500 each; and 2 Deputy Minority leaders in
19the House of Representatives, $11,500 each; the majority caucus
20chairman and minority caucus chairman in the Senate, $12,000
21each; and beginning the second Wednesday in January, 1989, the
22majority conference chairman and the minority conference
23chairman in the House of Representatives, $10,500 each;
24beginning the second Wednesday in January, 1989, the chairman
25and minority spokesman of each standing committee of the

 

 

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1Senate, except the Rules Committee, the Committee on
2Committees, and the Committee on Assignment of Bills, $6,000
3each; and beginning the second Wednesday in January, 1989, the
4chairman and minority spokesman of each standing and select
5committee of the House of Representatives, $6,000 each. A
6member who serves in more than one position as an officer,
7committee chairman, or committee minority spokesman shall
8receive only one additional amount based on the position paying
9the highest additional amount. The compensation provided for in
10this Section to be paid per year to members of the General
11Assembly, including the additional sums payable per year to
12officers of the General Assembly shall be paid in 12 equal
13monthly installments. The first such installment is payable on
14January 31, 1977. All subsequent equal monthly installments are
15payable on the last working day of the month. A member who has
16held office any part of a month is entitled to compensation for
17an entire month.
18    Mileage shall be paid at the rate of 20 cents per mile
19before January 9, 1985, and at the mileage allowance rate in
20effect under regulations promulgated pursuant to 5 U.S.C.
215707(b)(2) beginning January 9, 1985, for the number of actual
22highway miles necessarily and conveniently traveled by the most
23feasible route to be present upon convening of the sessions of
24the General Assembly by such member in each and every trip
25during each session in going to and returning from the seat of
26government, to be computed by the Comptroller. A member

 

 

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1traveling by public transportation for such purposes, however,
2shall be paid his actual cost of that transportation instead of
3on the mileage rate if his cost of public transportation
4exceeds the amount to which he would be entitled on a mileage
5basis. No member may be paid, whether on a mileage basis or for
6actual costs of public transportation, for more than one such
7trip for each week the General Assembly is actually in session.
8Each member shall also receive an allowance of $36 per day for
9lodging and meals while in attendance at sessions of the
10General Assembly before January 9, 1985; beginning January 9,
111985, such food and lodging allowance shall be equal to the
12amount per day permitted to be deducted for such expenses under
13the Internal Revenue Code; however, beginning May 31, 1995, no
14allowance for food and lodging while in attendance at sessions
15is authorized for periods of time after the last day in May of
16each calendar year, except (i) if the General Assembly is
17convened in special session by either the Governor or the
18presiding officers of both houses, as provided by subsection
19(b) of Section 5 of Article IV of the Illinois Constitution or
20(ii) if the General Assembly is convened to consider bills
21vetoed, item vetoed, reduced, or returned with specific
22recommendations for change by the Governor as provided in
23Section 9 of Article IV of the Illinois Constitution. For
24fiscal year 2011 and for session days in fiscal years 2012,
252013, 2014, 2015, and 2016, and 2017 only (i) the allowance for
26lodging and meals is $111 per day and (ii) mileage for

 

 

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1automobile travel shall be reimbursed at a rate of $0.39 per
2mile.
3    Notwithstanding any other provision of law to the contrary,
4beginning in fiscal year 2012, travel reimbursement for General
5Assembly members on non-session days shall be calculated using
6the guidelines set forth by the Legislative Travel Control
7Board, except that fiscal year 2012, 2013, 2014, 2015, and
82016, and 2017 mileage reimbursement is set at a rate of $0.39
9per mile.
10    If a member dies having received only a portion of the
11amount payable as compensation, the unpaid balance shall be
12paid to the surviving spouse of such member, or, if there be
13none, to the estate of such member.
14(Source: P.A. 98-30, eff. 6-24-13; 98-682, eff. 6-30-14;
1599-355, eff. 8-13-15.)
 
16    Section 5-8. The Compensation Review Act is amended by
17adding Section 6.4 as follows:
 
18    (25 ILCS 120/6.4 new)
19    Sec. 6.4. FY17 COLAs prohibited. Notwithstanding any
20former or current provision of this Act, any other law, any
21report of the Compensation Review Board, or any resolution of
22the General Assembly to the contrary, members of the General
23Assembly, State's attorneys, other than the county supplement,
24elected executive branch constitutional officers of State

 

 

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1government, and persons in certain appointed offices of State
2government, including the membership of State departments,
3agencies, boards, and commissions, whose annual compensation
4previously was recommended or determined by the Compensation
5Review Board, are prohibited from receiving and shall not
6receive any increase in compensation that would otherwise apply
7based on a cost of living adjustment, as authorized by Senate
8Joint Resolution 192 of the 86th General Assembly, for or
9during the fiscal year beginning July 1, 2016.
 
10    Section 5-10. The State Finance Act is amended by changing
11Sections 5k, 6z-27, 6z-51, and 8.3 as follows:
 
12    (30 ILCS 105/5k)
13    Sec. 5k. Cash flow borrowing and general funds liquidity;
14FY15.
15    (a) In order to meet cash flow deficits and to maintain
16liquidity in the General Revenue Fund and the Health Insurance
17Reserve Fund, on and after July 1, 2014 and through June 30,
182015, the State Treasurer and the State Comptroller shall make
19transfers to the General Revenue Fund and the Health Insurance
20Reserve Fund, as directed by the Governor, out of special funds
21of the State, to the extent allowed by federal law. No such
22transfer may reduce the cumulative balance of all of the
23special funds of the State to an amount less than the total
24debt service payable during the 12 months immediately following

 

 

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1the date of the transfer on any bonded indebtedness of the
2State and any certificates issued under the Short Term
3Borrowing Act. At no time shall the outstanding total transfers
4made from the special funds of the State to the General Revenue
5Fund and the Health Insurance Reserve Fund under this Section
6exceed $650,000,000; once the amount of $650,000,000 has been
7transferred from the special funds of the State to the General
8Revenue Fund and the Health Insurance Reserve Fund, additional
9transfers may be made from the special funds of the State to
10the General Revenue Fund and the Health Insurance Reserve Fund
11under this Section only to the extent that moneys have first
12been re-transferred from the General Revenue Fund and the
13Health Insurance Reserve Fund to those special funds of the
14State. Notwithstanding any other provision of this Section, no
15such transfer may be made from any special fund that is
16exclusively collected by or appropriated to any other
17constitutional officer without the written approval of that
18constitutional officer.
19    (b) If moneys have been transferred to the General Revenue
20Fund and the Health Insurance Reserve Fund pursuant to
21subsection (a) of this Section, this amendatory Act of the 98th
22General Assembly shall constitute the continuing authority for
23and direction to the State Treasurer and State Comptroller to
24reimburse the funds of origin from the General Revenue Fund by
25transferring to the funds of origin, at such times and in such
26amounts as directed by the Governor when necessary to support

 

 

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1appropriated expenditures from the funds, an amount equal to
2that transferred from them plus any interest that would have
3accrued thereon had the transfer not occurred, except that any
4moneys transferred pursuant to subsection (a) of this Section
5shall be repaid to the fund of origin within 18 months after
6the date on which they were borrowed. When any of the funds
7from which moneys have been transferred pursuant to subsection
8(a) have insufficient cash from which the State Comptroller may
9make expenditures properly supported by appropriations from
10the fund, then the State Treasurer and State Comptroller shall
11transfer from the General Revenue Fund to the fund only such
12amount as is immediately necessary to satisfy outstanding
13expenditure obligations on a timely basis.
14    (c) On the first day of each quarterly period in each
15fiscal year, until such time as a report indicates that all
16moneys borrowed and interest pursuant to this Section have been
17repaid, the Governor's Office of Management and Budget shall
18provide to the President and the Minority Leader of the Senate,
19the Speaker and the Minority Leader of the House of
20Representatives, and the Commission on Government Forecasting
21and Accountability a report on all transfers made pursuant to
22this Section in the prior quarterly period. The report must be
23provided in electronic format. The report must include all of
24the following:
25        (1) The date each transfer was made.
26        (2) The amount of each transfer.

 

 

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1        (3) In the case of a transfer from the General Revenue
2    Fund to a fund of origin pursuant to subsection (b) of this
3    Section, the amount of interest being paid to the fund of
4    origin.
5        (4) The end of day balance of the fund of origin, the
6    General Revenue Fund and the Health Insurance Reserve Fund
7    on the date the transfer was made.
8(Source: P.A. 98-682, eff. 6-30-14.)
 
9    (30 ILCS 105/6z-27)
10    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
11transferred, appropriated and used only for the purposes
12authorized by, and subject to the limitations and conditions
13prescribed by, the State Auditing Act.
14    Within 30 days after the effective date of this amendatory
15Act of the 99th General Assembly, the State Comptroller shall
16order transferred and the State Treasurer shall transfer from
17the following funds moneys in the specified amounts for deposit
18into the Audit Expense Fund:
19Agricultural Premium Fund..............................19,395
20Anna Veterans Home Fund................................12,842
21Appraisal Administration Fund...........................3,740
22Athletics Supervision and Regulation Fund.................599
23Attorney General Court Ordered and Voluntary
24    Compliance Payment Projects Fund...................16,998
25Attorney General Whistleblower Reward and

 

 

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1    Protection Fund....................................12,417
2Bank and Trust Company Fund............................91,273
3Capital Development Board Revolving Fund................2,655
4Care Provider Fund for Persons with a
5    Developmental Disability............................4,576
6Cemetery Oversight Licensing and Disciplinary Fund......5,060
7Chicago State University Education Improvement Fund.....4,717
8Child Support Administrative Fund.......................2,833
9Coal Technology Development Assistance Fund.............7,891
10Commitment to Human Services Fund......................23,860
11Common School Fund....................................428,811
12The Communications Revolving Fund.......................7,163
13The Community Association Manager
14    Licensing and Disciplinary Fund.......................817
15Community Mental Health Medicaid Trust Fund............10,761
16Credit Union Fund......................................17,533
17Cycle Rider Safety Training Fund..........................589
18DCFS Children's Services Fund.........................249,796
19Department of Business Services Special Operations Fund.3,354
20Department of Corrections Reimbursement
21    and Education Fund.................................16,949
22Department of Human Services Community Services Fund......821
23Design Professionals Administration
24    and Investigation Fund..............................3,768
25Digital Divide Elimination Fund.........................2,087
26The Downstate Public Transportation Fund...............23,216

 

 

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1Driver Services Administration Fund.......................820
2Drivers Education Fund..................................1,221
3Drug Rebate Fund.......................................10,020
4Education Assistance Fund...........................1,594,645
5Electronic Health Record Incentive Fund.................1,090
6Energy Efficiency Portfolio Standards Fund.............37,275
7Estate Tax Refund Fund..................................1,242
8Facilities Management Revolving Fund...................13,526
9Fair and Exposition Fund..................................826
10Federal Asset Forfeiture Fund...........................1,094
11Federal High Speed Rail Trust Fund.....................29,251
12Federal Workforce Training Fund........................86,488
13Feed Control Fund.......................................1,479
14Fertilizer Control Fund...................................929
15The Fire Prevention Fund..............................114,348
16Fund for the Advancement of Education..................13,642
17General Professions Dedicated Fund.....................24,725
18General Revenue Fund...............................17,051,839
19Grade Crossing Protection Fund..........................6,588
20Health and Human Services Medicaid Trust Fund...........4,153
21Healthcare Provider Relief Fund.......................106,645
22Hospital Provider Fund.................................36,223
23Illinois Affordable Housing Trust Fund..................5,592
24Illinois Capital Revolving Loan Fund......................627
25Illinois Charity Bureau Fund............................3,403
26Illinois Gaming Law Enforcement Fund....................1,885

 

 

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1Illinois Standardbred Breeders Fund.......................946
2Illinois State Dental Disciplinary Fund.................4,382
3Illinois State Fair Fund................................6,727
4Illinois State Medical Disciplinary Fund...............15,709
5Illinois State Pharmacy Disciplinary Fund...............5,619
6Illinois Thoroughbred Breeders Fund.....................1,172
7Illinois Veterans Assistance Fund.......................8,519
8Illinois Veterans' Rehabilitation Fund....................658
9Illinois Workers' Compensation Commission
10    Operations Fund.....................................2,849
11IMSA Income Fund.......................................11,085
12Income Tax Refund Fund................................170,345
13Insurance Financial Regulation Fund....................94,108
14Insurance Premium Tax Refund Fund......................13,251
15Insurance Producer Administration Fund.................86,750
16International Tourism Fund..............................2,578
17LaSalle Veterans Home Fund.............................42,416
18LEADS Maintenance Fund..................................1,223
19Live and Learn Fund.....................................6,473
20The Local Government Distributive Fund................106,860
21Local Tourism Fund......................................9,144
22Long-Term Care Provider Fund............................5,951
23Manteno Veterans Home Fund.............................73,818
24Medical Interagency Program Fund..........................811
25Medical Special Purposes Trust Fund.......................521
26Mental Health Fund......................................4,704

 

 

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1Motor Carrier Safety Inspection Fund....................2,188
2The Motor Fuel Tax Fund................................73,255
3Motor Vehicle License Plate Fund........................3,976
4Nursing Dedicated and Professional Fund.................9,858
5Optometric Licensing and Disciplinary Board Fund........1,382
6Partners for Conservation Fund..........................8,083
7Pawnbroker Regulation Fund................................853
8The Personal Property Tax Replacement Fund............105,572
9Pesticide Control Fund..................................5,634
10Professional Services Fund................................726
11Professions Indirect Cost Fund........................140,237
12Public Pension Regulation Fund.........................10,026
13The Public Transportation Fund.........................61,189
14Quincy Veterans Home Fund..............................88,224
15Real Estate License Administration Fund................23,587
16Registered Certified Public Accountants'
17    Administration and Disciplinary Fund................1,370
18Renewable Energy Resources Trust Fund...................1,689
19Residential Finance Regulatory Fund....................12,638
20The Road Fund.........................................332,667
21Regional Transportation Authority
22    Occupation and Use Tax Replacement Fund.............2,526
23Savings Bank Regulatory Fund..............................851
24School Infrastructure Fund..............................4,852
25Secretary of State DUI Administration Fund................544
26Secretary of State Identification Security

 

 

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1    and Theft Prevention Fund...........................1,645
2Secretary of State Special License Plate Fund...........1,203
3Secretary of State Special Services Fund................6,197
4Securities Audit and Enforcement Fund...................2,793
5Solid Waste Management Fund.............................1,262
6Special Education Medicaid Matching Fund................2,217
7State and Local Sales Tax Reform Fund...................5,177
8State Asset Forfeiture Fund.............................1,945
9State Construction Account Fund........................67,375
10State Crime Laboratory Fund...............................566
11State Gaming Fund.....................................246,099
12The State Garage Revolving Fund.........................3,606
13The State Lottery Fund................................201,779
14State Offender DNA Identification System Fund...........2,246
15State Pensions Fund...................................500,000
16State Police DUI Fund...................................1,560
17State Police Firearm Services Fund......................6,152
18State Police Services Fund.............................19,425
19State Police Vehicle Fund...............................6,991
20State Police Whistleblower Reward and Protection Fund...4,430
21State Police Wireless Service Emergency Fund..............894
22The Statistical Services Revolving Fund................10,266
23Supplemental Low-Income Energy Assistance Fund.........67,729
24Tax Compliance and Administration Fund..................1,145
25Tobacco Settlement Recovery Fund........................3,199
26Tourism Promotion Fund.................................42,906

 

 

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1Traffic and Criminal Conviction Surcharge Fund..........4,885
2Underground Storage Tank Fund..........................19,316
3University of Illinois Hospital Services Fund...........2,862
4The Vehicle Inspection Fund...............................909
5Violent Crime Victims Assistance Fund..................13,828
6Weights and Measures Fund...............................4,826
7The Working Capital Revolving Fund.....................30,401
8    Within 30 days after July 14, 2015 (the effective date of
9Public Act 99-38) this amendatory Act of the 99th General
10Assembly, the State Comptroller shall order transferred and the
11State Treasurer shall transfer from the following funds moneys
12in the specified amounts for deposit into the Audit Expense
13Fund:
14African-American HIV/AIDS Response Fund.................2,333
15Agricultural Premium Fund.............................141,245
16Assisted Living and Shared Housing Regulatory Fund......1,146
17Capital Development Board Revolving Fund................1,473
18Care Provider Fund for Persons with
19    a Developmental Disability........................13,520
20Carolyn Adams Ticket For The Cure Grant Fund..............632
21CD LIS/ AAMV Anet/NMVTIS Trust Fund.......................587
22Chicago State University Education Improvement Fund.....9,881
23Child Support Administrative Fund.......................5,192
24Common School Fund....................................255,306
25The Communications Revolving Fund......................14,823
26Community Mental Health Medicaid Trust Fund............43,141

 

 

SB1810 Enrolled- 22 -LRB099 00139 KTG 20139 b

1Death Certificate Surcharge Fund........................2,596
2Death Penalty Abolition Fund..............................864
3Department of Business Services Special Operations Fund.9,484
4Department of Human Services Community Services Fund....6,131
5The Downstate Public Transportation Fund................7,975
6Drug Rebate Fund.......................................16,022
7Drug Treatment Fund.....................................1,392
8Drunk and Drugged Driving Prevention Fund.................772
9The Education Assistance Fund.......................1,587,191
10Electronic Health Record Incentive Fund.................4,196
11Emergency Public Health Fund............................8,501
12EMS Assistance Fund.......................................796
13Estate Tax Refund Fund..................................1,792
14Facilities Management Revolving Fund...................22,122
15Facility Licensing Fund.................................4,655
16Fair and Exposition Fund................................5,440
17Federal High Speed Rail Trust Fund......................6,789
18Feed Control Fund.......................................5,082
19Fertilizer Control Fund.................................6,041
20The Fire Prevention Fund................................4,653
21Food and Drug Safety Fund...............................1,636
22General Professions Dedicated Fund......................3,296
23The General Revenue Fund...........................17,190,905
24Grade Crossing Protection Fund..........................1,134
25Health and Human Services Medicaid Trust Fund..........14,252
26Health Facility Plan Review Fund........................3,355

 

 

SB1810 Enrolled- 23 -LRB099 00139 KTG 20139 b

1Healthcare Provider Relief Fund.......................220,261
2Healthy Smiles Fund.......................................694
3Home Care Services Agency Licensure Fund................1,383
4Hospital Provider Fund.................................77,300
5ICJIA Violence Prevention Fund..........................2,370
6Illinois Affordable Housing Trust Fund..................6,609
7Illinois Department of Agriculture
8    Laboratory Services Revolving Fund.................3,386
9Illinois Health Facilities Planning Fund................3,582
10Illinois School Asbestos Abatement Fund.................1,742
11Illinois Standardbred Breeders Fund.....................7,697
12Illinois State Fair Fund...............................40,283
13Illinois Thoroughbred Breeders Fund....................11,711
14Illinois Veterans' Rehabilitation Fund..................2,084
15Illinois Workers' Compensation Commission
16    Operations Fund..................................182,586
17IMSA Income Fund........................................7,840
18Income Tax Refund Fund.................................62,221
19Lead Poisoning Screening, Prevention, and Abatement Fund.4,507
20Live and Learn Fund....................................18,652
21Lobbyist Registration Administration Fund.................623
22The Local Government Distributive Fund.................35,569
23Long Term Care Monitor/Receiver Fund...................24,533
24Long-Term Care Provider Fund...........................15,559
25Low-Level Radioactive Waste Facility
26    Development and Operation Fund.....................1,286

 

 

SB1810 Enrolled- 24 -LRB099 00139 KTG 20139 b

1Mandatory Arbitration Fund..............................2,978
2Medical Interagency Program Fund........................2,120
3Medical Special Purposes Trust Fund.....................1,829
4Mental Health Fund.....................................10,964
5Metabolic Screening and Treatment Fund.................28,495
6Monitoring Device Driving Permit Administration Fee Fund.1,021
7The Motor Fuel Tax Fund................................27,802
8Motor Vehicle License Plate Fund.......................10,715
9Motor Vehicle Theft Prevention Trust Fund..............10,219
10Multiple Sclerosis Research Fund........................2,552
11Nuclear Safety Emergency Preparedness Fund.............31,006
12Nursing Dedicated and Professional Fund.................2,350
13Partners for Conservation Fund.........................69,830
14The Personal Property Tax Replacement Fund.............36,349
15Pesticide Control Fund.................................32,100
16Plumbing Licensure and Program Fund.....................2,237
17Professional Services Fund..............................1,177
18Public Health Laboratory Services Revolving Fund........5,556
19The Public Transportation Fund.........................20,547
20Radiation Protection Fund..............................12,033
21The Road Fund.........................................153,257
22Regional Transportation Authority
23    Occupation and Use Tax Replacement Fund..............799
24School Infrastructure Fund..............................5,976
25Secretary of State DUI Administration Fund..............1,767
26Secretary of State Identification

 

 

SB1810 Enrolled- 25 -LRB099 00139 KTG 20139 b

1    Security and Theft Prevention Fund.................2,551
2Secretary of State Special License Plate Fund...........3,483
3Secretary of State Special Services Fund...............21,708
4Securities Audit and Enforcement Fund...................5,637
5Securities Investors Education Fund.......................894
6Special Education Medicaid Matching Fund................4,648
7State and Local Sales Tax Reform Fund...................1,651
8State Construction Account Fund........................27,868
9The State Garage Revolving Fund.........................7,320
10The State Lottery Fund................................398,712
11State Pensions Fund...................................500,000
12The Statistical Services Revolving Fund................17,481
13Supreme Court Historic Preservation Fund...............28,000
14Tanning Facility Permit Fund..............................549
15Tobacco Settlement Recovery Fund.......................30,438
16Trauma Center Fund.....................................10,050
17University of Illinois Hospital Services Fund...........9,247
18The Vehicle Inspection Fund.............................2,810
19Weights and Measures Fund..............................31,534
20The Working Capital Revolving Fund....................15,960
21    Notwithstanding any provision of the law to the contrary,
22the General Assembly hereby authorizes the use of such funds
23for the purposes set forth in this Section.
24    These provisions do not apply to funds classified by the
25Comptroller as federal trust funds or State trust funds. The
26Audit Expense Fund may receive transfers from those trust funds

 

 

SB1810 Enrolled- 26 -LRB099 00139 KTG 20139 b

1only as directed herein, except where prohibited by the terms
2of the trust fund agreement. The Auditor General shall notify
3the trustees of those funds of the estimated cost of the audit
4to be incurred under the Illinois State Auditing Act for the
5fund. The trustees of those funds shall direct the State
6Comptroller and Treasurer to transfer the estimated amount to
7the Audit Expense Fund.
8    The Auditor General may bill entities that are not subject
9to the above transfer provisions, including private entities,
10related organizations and entities whose funds are
11locally-held, for the cost of audits, studies, and
12investigations incurred on their behalf. Any revenues received
13under this provision shall be deposited into the Audit Expense
14Fund.
15    In the event that moneys on deposit in any fund are
16unavailable, by reason of deficiency or any other reason
17preventing their lawful transfer, the State Comptroller shall
18order transferred and the State Treasurer shall transfer the
19amount deficient or otherwise unavailable from the General
20Revenue Fund for deposit into the Audit Expense Fund.
21    On or before December 1, 1992, and each December 1
22thereafter, the Auditor General shall notify the Governor's
23Office of Management and Budget (formerly Bureau of the Budget)
24of the amount estimated to be necessary to pay for audits,
25studies, and investigations in accordance with the Illinois
26State Auditing Act during the next succeeding fiscal year for

 

 

SB1810 Enrolled- 27 -LRB099 00139 KTG 20139 b

1each State fund for which a transfer or reimbursement is
2anticipated.
3    Beginning with fiscal year 1994 and during each fiscal year
4thereafter, the Auditor General may direct the State
5Comptroller and Treasurer to transfer moneys from funds
6authorized by the General Assembly for that fund. In the event
7funds, including federal and State trust funds but excluding
8the General Revenue Fund, are transferred, during fiscal year
91994 and during each fiscal year thereafter, in excess of the
10amount to pay actual costs attributable to audits, studies, and
11investigations as permitted or required by the Illinois State
12Auditing Act or specific action of the General Assembly, the
13Auditor General shall, on September 30, or as soon thereafter
14as is practicable, direct the State Comptroller and Treasurer
15to transfer the excess amount back to the fund from which it
16was originally transferred.
17(Source: P.A. 98-270, eff. 8-9-13; 98-676, eff. 6-30-14; 99-38,
18eff. 7-14-15.)
 
19    (30 ILCS 105/6z-51)
20    Sec. 6z-51. Budget Stabilization Fund.
21    (a) The Budget Stabilization Fund, a special fund in the
22State Treasury, shall consist of moneys appropriated or
23transferred to that Fund, as provided in Section 6z-43 and as
24otherwise provided by law. All earnings on Budget Stabilization
25Fund investments shall be deposited into that Fund.

 

 

SB1810 Enrolled- 28 -LRB099 00139 KTG 20139 b

1    (b) The State Comptroller may direct the State Treasurer to
2transfer moneys from the Budget Stabilization Fund to the
3General Revenue Fund in order to meet cash flow deficits
4resulting from timing variations between disbursements and the
5receipt of funds within a fiscal year. Any moneys so borrowed
6in any fiscal year other than Fiscal Year 2011 shall be repaid
7by June 30 of the fiscal year in which they were borrowed. Any
8moneys so borrowed in Fiscal Year 2011 shall be repaid no later
9than July 15, 2011.
10    (c) During Fiscal Year 2017 only, amounts may be expended
11from the Budget Stabilization Fund only pursuant to specific
12authorization by appropriation. Any moneys expended pursuant
13to appropriation shall not be subject to repayment.
14(Source: P.A. 97-44, eff. 6-28-11.)
 
15    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
16    Sec. 8.3. Money in the Road Fund shall, if and when the
17State of Illinois incurs any bonded indebtedness for the
18construction of permanent highways, be set aside and used for
19the purpose of paying and discharging annually the principal
20and interest on that bonded indebtedness then due and payable,
21and for no other purpose. The surplus, if any, in the Road Fund
22after the payment of principal and interest on that bonded
23indebtedness then annually due shall be used as follows:
24        first -- to pay the cost of administration of Chapters
25    2 through 10 of the Illinois Vehicle Code, except the cost

 

 

SB1810 Enrolled- 29 -LRB099 00139 KTG 20139 b

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

 

 

SB1810 Enrolled- 30 -LRB099 00139 KTG 20139 b

1    the purchase of right-of-way, except that the State shall
2    be reimbursed in full for any expense incurred in building
3    the flight strips; or for the operating and maintaining of
4    highway garages; or for patrolling and policing the public
5    highways and conserving the peace; or for the operating
6    expenses of the Department relating to the administration
7    of public transportation programs; or, during fiscal year
8    2012 only, for the purposes of a grant not to exceed
9    $8,500,000 to the Regional Transportation Authority on
10    behalf of PACE for the purpose of ADA/Para-transit
11    expenses; or, during fiscal year 2013 only, for the
12    purposes of a grant not to exceed $3,825,000 to the
13    Regional Transportation Authority on behalf of PACE for the
14    purpose of ADA/Para-transit expenses; or, during fiscal
15    year 2014 only, for the purposes of a grant not to exceed
16    $3,825,000 to the Regional Transportation Authority on
17    behalf of PACE for the purpose of ADA/Para-transit
18    expenses; or, during fiscal year 2015 only, for the
19    purposes of a grant not to exceed $3,825,000 to the
20    Regional Transportation Authority on behalf of PACE for the
21    purpose of ADA/Para-transit expenses; or, during fiscal
22    year 2016 only, for the purposes of a grant not to exceed
23    $3,825,000 to the Regional Transportation Authority on
24    behalf of PACE for the purpose of ADA/Para-transit
25    expenses; or, during fiscal year 2017 only, for the
26    purposes of a grant not to exceed $3,825,000 to the

 

 

SB1810 Enrolled- 31 -LRB099 00139 KTG 20139 b

1    Regional Transportation Authority on behalf of PACE for the
2    purpose of ADA/Para-transit expenses; or for any of those
3    purposes or any other purpose that may be provided by law.
4    Appropriations for any of those purposes are payable from
5the Road Fund. Appropriations may also be made from the Road
6Fund for the administrative expenses of any State agency that
7are related to motor vehicles or arise from the use of motor
8vehicles.
9    Beginning with fiscal year 1980 and thereafter, no Road
10Fund monies shall be appropriated to the following Departments
11or agencies of State government for administration, grants, or
12operations; but this limitation is not a restriction upon
13appropriating for those purposes any Road Fund monies that are
14eligible for federal reimbursement;
15        1. Department of Public Health;
16        2. Department of Transportation, only with respect to
17    subsidies for one-half fare Student Transportation and
18    Reduced Fare for Elderly, except during fiscal year 2012
19    only when no more than $40,000,000 may be expended and
20    except during fiscal year 2013 only when no more than
21    $17,570,300 may be expended and except during fiscal year
22    2014 only when no more than $17,570,000 may be expended and
23    except during fiscal year 2015 only when no more than
24    $17,570,000 may be expended and except during fiscal year
25    2016 only when no more than $17,570,000 may be expended and
26    except during fiscal year 2017 only when no more than

 

 

SB1810 Enrolled- 32 -LRB099 00139 KTG 20139 b

1    $17,570,000 may be expended;
2        3. Department of Central Management Services, except
3    for expenditures incurred for group insurance premiums of
4    appropriate personnel;
5        4. Judicial Systems and Agencies.
6    Beginning with fiscal year 1981 and thereafter, no Road
7Fund monies shall be appropriated to the following Departments
8or agencies of State government for administration, grants, or
9operations; but this limitation is not a restriction upon
10appropriating for those purposes any Road Fund monies that are
11eligible for federal reimbursement:
12        1. Department of State Police, except for expenditures
13    with respect to the Division of Operations;
14        2. Department of Transportation, only with respect to
15    Intercity Rail Subsidies, except during fiscal year 2012
16    only when no more than $40,000,000 may be expended and
17    except during fiscal year 2013 only when no more than
18    $26,000,000 may be expended and except during fiscal year
19    2014 only when no more than $38,000,000 may be expended and
20    except during fiscal year 2015 only when no more than
21    $42,000,000 may be expended and except during fiscal year
22    2016 only when no more than $38,300,000 may be expended and
23    except during fiscal year 2017 only when no more than
24    $50,000,000 may be expended, and Rail Freight Services.
25    Beginning with fiscal year 1982 and thereafter, no Road
26Fund monies shall be appropriated to the following Departments

 

 

SB1810 Enrolled- 33 -LRB099 00139 KTG 20139 b

1or agencies of State government for administration, grants, or
2operations; but this limitation is not a restriction upon
3appropriating for those purposes any Road Fund monies that are
4eligible for federal reimbursement: Department of Central
5Management Services, except for awards made by the Illinois
6Workers' Compensation Commission under the terms of the
7Workers' Compensation Act or Workers' Occupational Diseases
8Act for injury or death of an employee of the Division of
9Highways in the Department of Transportation.
10    Beginning with fiscal year 1984 and thereafter, no Road
11Fund monies shall be appropriated to the following Departments
12or agencies of State government for administration, grants, or
13operations; but this limitation is not a restriction upon
14appropriating for those purposes any Road Fund monies that are
15eligible for federal reimbursement:
16        1. Department of State Police, except not more than 40%
17    of the funds appropriated for the Division of Operations;
18        2. State Officers.
19    Beginning with fiscal year 1984 and thereafter, no Road
20Fund monies shall be appropriated to any Department or agency
21of State government for administration, grants, or operations
22except as provided hereafter; but this limitation is not a
23restriction upon appropriating for those purposes any Road Fund
24monies that are eligible for federal reimbursement. It shall
25not be lawful to circumvent the above appropriation limitations
26by governmental reorganization or other methods.

 

 

SB1810 Enrolled- 34 -LRB099 00139 KTG 20139 b

1Appropriations shall be made from the Road Fund only in
2accordance with the provisions of this Section.
3    Money in the Road Fund shall, if and when the State of
4Illinois incurs any bonded indebtedness for the construction of
5permanent highways, be set aside and used for the purpose of
6paying and discharging during each fiscal year the principal
7and interest on that bonded indebtedness as it becomes due and
8payable as provided in the Transportation Bond Act, and for no
9other purpose. The surplus, if any, in the Road Fund after the
10payment of principal and interest on that bonded indebtedness
11then annually due shall be used as follows:
12        first -- to pay the cost of administration of Chapters
13    2 through 10 of the Illinois Vehicle Code; and
14        secondly -- no Road Fund monies derived from fees,
15    excises, or license taxes relating to registration,
16    operation and use of vehicles on public highways or to
17    fuels used for the propulsion of those vehicles, shall be
18    appropriated or expended other than for costs of
19    administering the laws imposing those fees, excises, and
20    license taxes, statutory refunds and adjustments allowed
21    thereunder, administrative costs of the Department of
22    Transportation, including, but not limited to, the
23    operating expenses of the Department relating to the
24    administration of public transportation programs, payment
25    of debts and liabilities incurred in construction and
26    reconstruction of public highways and bridges, acquisition

 

 

SB1810 Enrolled- 35 -LRB099 00139 KTG 20139 b

1    of rights-of-way for and the cost of construction,
2    reconstruction, maintenance, repair, and operation of
3    public highways and bridges under the direction and
4    supervision of the State, political subdivision, or
5    municipality collecting those monies, or during fiscal
6    year 2012 only for the purposes of a grant not to exceed
7    $8,500,000 to the Regional Transportation Authority on
8    behalf of PACE for the purpose of ADA/Para-transit
9    expenses, or during fiscal year 2013 only for the purposes
10    of a grant not to exceed $3,825,000 to the Regional
11    Transportation Authority on behalf of PACE for the purpose
12    of ADA/Para-transit expenses, or during fiscal year 2014
13    only for the purposes of a grant not to exceed $3,825,000
14    to the Regional Transportation Authority on behalf of PACE
15    for the purpose of ADA/Para-transit expenses, or during
16    fiscal year 2015 only for the purposes of a grant not to
17    exceed $3,825,000 to the Regional Transportation Authority
18    on behalf of PACE for the purpose of ADA/Para-transit
19    expenses, or during fiscal year 2016 only for the purposes
20    of a grant not to exceed $3,825,000 to the Regional
21    Transportation Authority on behalf of PACE for the purpose
22    of ADA/Para-transit expenses, or during fiscal year 2017
23    only for the purposes of a grant not to exceed $3,825,000
24    to the Regional Transportation Authority on behalf of PACE
25    for the purpose of ADA/Para-transit expenses, and the costs
26    for patrolling and policing the public highways (by State,

 

 

SB1810 Enrolled- 36 -LRB099 00139 KTG 20139 b

1    political subdivision, or municipality collecting that
2    money) for enforcement of traffic laws. The separation of
3    grades of such highways with railroads and costs associated
4    with protection of at-grade highway and railroad crossing
5    shall also be permissible.
6    Appropriations for any of such purposes are payable from
7the Road Fund or the Grade Crossing Protection Fund as provided
8in Section 8 of the Motor Fuel Tax Law.
9    Except as provided in this paragraph, beginning with fiscal
10year 1991 and thereafter, no Road Fund monies shall be
11appropriated to the Department of State Police for the purposes
12of this Section in excess of its total fiscal year 1990 Road
13Fund appropriations for those purposes unless otherwise
14provided in Section 5g of this Act. For fiscal years 2003,
152004, 2005, 2006, and 2007 only, no Road Fund monies shall be
16appropriated to the Department of State Police for the purposes
17of this Section in excess of $97,310,000. For fiscal year 2008
18only, no Road Fund monies shall be appropriated to the
19Department of State Police for the purposes of this Section in
20excess of $106,100,000. For fiscal year 2009 only, no Road Fund
21monies shall be appropriated to the Department of State Police
22for the purposes of this Section in excess of $114,700,000.
23Beginning in fiscal year 2010, no road fund moneys shall be
24appropriated to the Department of State Police. It shall not be
25lawful to circumvent this limitation on appropriations by
26governmental reorganization or other methods unless otherwise

 

 

SB1810 Enrolled- 37 -LRB099 00139 KTG 20139 b

1provided in Section 5g of this Act.
2    In fiscal year 1994, no Road Fund monies shall be
3appropriated to the Secretary of State for the purposes of this
4Section in excess of the total fiscal year 1991 Road Fund
5appropriations to the Secretary of State for those purposes,
6plus $9,800,000. It shall not be lawful to circumvent this
7limitation on appropriations by governmental reorganization or
8other method.
9    Beginning with fiscal year 1995 and thereafter, no Road
10Fund monies shall be appropriated to the Secretary of State for
11the purposes of this Section in excess of the total fiscal year
121994 Road Fund appropriations to the Secretary of State for
13those purposes. It shall not be lawful to circumvent this
14limitation on appropriations by governmental reorganization or
15other methods.
16    Beginning with fiscal year 2000, total Road Fund
17appropriations to the Secretary of State for the purposes of
18this Section shall not exceed the amounts specified for the
19following fiscal years:
20    Fiscal Year 2000$80,500,000;
21    Fiscal Year 2001$80,500,000;
22    Fiscal Year 2002$80,500,000;
23    Fiscal Year 2003$130,500,000;
24    Fiscal Year 2004$130,500,000;
25    Fiscal Year 2005$130,500,000;
26    Fiscal Year 2006 $130,500,000;

 

 

SB1810 Enrolled- 38 -LRB099 00139 KTG 20139 b

1    Fiscal Year 2007 $130,500,000;
2    Fiscal Year 2008$130,500,000;
3    Fiscal Year 2009 $130,500,000.
4    For fiscal year 2010, no road fund moneys shall be
5appropriated to the Secretary of State.
6    Beginning in fiscal year 2011, moneys in the Road Fund
7shall be appropriated to the Secretary of State for the
8exclusive purpose of paying refunds due to overpayment of fees
9related to Chapter 3 of the Illinois Vehicle Code unless
10otherwise provided for by law.
11    It shall not be lawful to circumvent this limitation on
12appropriations by governmental reorganization or other
13methods.
14    No new program may be initiated in fiscal year 1991 and
15thereafter that is not consistent with the limitations imposed
16by this Section for fiscal year 1984 and thereafter, insofar as
17appropriation of Road Fund monies is concerned.
18    Nothing in this Section prohibits transfers from the Road
19Fund to the State Construction Account Fund under Section 5e of
20this Act; nor to the General Revenue Fund, as authorized by
21this amendatory Act of the 93rd General Assembly.
22    The additional amounts authorized for expenditure in this
23Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
24shall be repaid to the Road Fund from the General Revenue Fund
25in the next succeeding fiscal year that the General Revenue
26Fund has a positive budgetary balance, as determined by

 

 

SB1810 Enrolled- 39 -LRB099 00139 KTG 20139 b

1generally accepted accounting principles applicable to
2government.
3    The additional amounts authorized for expenditure by the
4Secretary of State and the Department of State Police in this
5Section by this amendatory Act of the 94th General Assembly
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(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
12eff. 6-19-13; 98-674, eff. 6-30-14.)
 
13    Section 5-15. The State Revenue Sharing Act is amended by
14adding Section 11.1 as follows:
 
15    (30 ILCS 115/11.1 new)
16    Sec. 11.1. Funding of certain school districts.
17    (a) On July 1, 2016, or as soon as practical thereafter,
18the State Board of Education shall identify to the Department
19of Revenue school districts having Personal Property Tax
20Replacement Fund receipts totaling 15% or more of their total
21revenues in fiscal year 2015.
22    (b) In fiscal year 2017, any school district identified
23under subsection (a) shall receive, in addition to its annual
24distributions from the Personal Property Tax Replacement Fund,

 

 

SB1810 Enrolled- 40 -LRB099 00139 KTG 20139 b

17% of the total amount distributed to the school district from
2the Personal Property Tax Replacement Fund during fiscal year
32015, provided that the total amount of additional
4distributions under this Section shall not exceed $2,900,000.
5If the total additional distributions exceed $2,900,000, such
6distributions shall be calculated on a pro rata basis, based on
7the percentage of each district's total fiscal year 2015
8revenues to the total fiscal year 2015 revenues of all
9districts qualifying for an additional distribution under this
10Section.
 
11    Section 5-20. The Illinois Coal Technology Development
12Assistance Act is amended by changing Section 4 as follows:
 
13    (30 ILCS 730/4)  (from Ch. 96 1/2, par. 8204)
14    Sec. 4. Expenditures from Coal Technology Development
15Assistance Fund.
16    (a) The contents of the Coal Technology Development
17Assistance Fund may be expended, subject to appropriation by
18the General Assembly, in such amounts and at such times as the
19Department, with the advice and recommendation of the Board,
20may deem necessary or desirable for the purposes of this Act.
21    (b) The Department shall develop a written plan containing
22measurable 3-year and 10-year goals and objectives in regard to
23the funding of coal research and coal demonstration and
24commercialization projects, and programs designed to preserve

 

 

SB1810 Enrolled- 41 -LRB099 00139 KTG 20139 b

1and enhance markets for Illinois coal. In developing these
2goals and objectives, the Department shall consider and
3determine the appropriate balance for the achievement of
4near-term and long-term goals and objectives and of ensuring
5the timely commercial application of cost-effective
6technologies or energy and chemical production processes or
7systems utilizing coal. The Department shall develop the
8initial goals and objectives no later than December 1, 1993,
9and develop revised goals and objectives no later than July 1
10annually thereafter.
11    (c) (Blank).
12    (d) Subject to appropriation, the Department of Natural
13Resources may use moneys in the Coal Technology Development
14Assistance Fund to administer its responsibilities under the
15Surface Coal Mining Land Conservation and Reclamation Act.
16(Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98;
1790-372, eff. 7-1-98; 90-655, eff. 7-30-98.)
 
18    Section 5-25. The Illinois Police Training Act is amended
19by changing Section 9 as follows:
 
20    (50 ILCS 705/9)  (from Ch. 85, par. 509)
21    Sec. 9. A special fund is hereby established in the State
22Treasury to be known as the Traffic and Criminal Conviction
23Surcharge Fund and shall be financed as provided in Section 9.1
24of this Act and Section 5-9-1 of the Unified Code of

 

 

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1Corrections, unless the fines, costs, or additional amounts
2imposed are subject to disbursement by the circuit clerk under
3Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
4shall be expended as follows:
5        (1) a portion of the total amount deposited in the Fund
6    may be used, as appropriated by the General Assembly, for
7    the ordinary and contingent expenses of the Illinois Law
8    Enforcement Training Standards Board;
9        (2) a portion of the total amount deposited in the Fund
10    shall be appropriated for the reimbursement of local
11    governmental agencies participating in training programs
12    certified by the Board, in an amount equaling 1/2 of the
13    total sum paid by such agencies during the State's previous
14    fiscal year for mandated training for probationary police
15    officers or probationary county corrections officers and
16    for optional advanced and specialized law enforcement or
17    county corrections training; these reimbursements may
18    include the costs for tuition at training schools, the
19    salaries of trainees while in schools, and the necessary
20    travel and room and board expenses for each trainee; if the
21    appropriations under this paragraph (2) are not sufficient
22    to fully reimburse the participating local governmental
23    agencies, the available funds shall be apportioned among
24    such agencies, with priority first given to repayment of
25    the costs of mandatory training given to law enforcement
26    officer or county corrections officer recruits, then to

 

 

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1    repayment of costs of advanced or specialized training for
2    permanent police officers or permanent county corrections
3    officers;
4        (3) a portion of the total amount deposited in the Fund
5    may be used to fund the Intergovernmental Law Enforcement
6    Officer's In-Service Training Act, veto overridden October
7    29, 1981, as now or hereafter amended, at a rate and method
8    to be determined by the board;
9        (4) a portion of the Fund also may be used by the
10    Illinois Department of State Police for expenses incurred
11    in the training of employees from any State, county or
12    municipal agency whose function includes enforcement of
13    criminal or traffic law;
14        (5) a portion of the Fund may be used by the Board to
15    fund grant-in-aid programs and services for the training of
16    employees from any county or municipal agency whose
17    functions include corrections or the enforcement of
18    criminal or traffic law;
19        (6) for fiscal years 2013 through 2017 , 2014, and 2015
20    only, a portion of the Fund also may be used by the
21    Department of State Police to finance any of its lawful
22    purposes or functions; and
23        (7) a portion of the Fund may be used by the Board,
24    subject to appropriation, to administer grants to local law
25    enforcement agencies for the purpose of purchasing
26    bulletproof vests under the Law Enforcement Officer

 

 

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1    Bulletproof Vest Act.
2    All payments from the Traffic and Criminal Conviction
3Surcharge Fund shall be made each year from moneys appropriated
4for the purposes specified in this Section. No more than 50% of
5any appropriation under this Act shall be spent in any city
6having a population of more than 500,000. The State Comptroller
7and the State Treasurer shall from time to time, at the
8direction of the Governor, transfer from the Traffic and
9Criminal Conviction Surcharge Fund to the General Revenue Fund
10in the State Treasury such amounts as the Governor determines
11are in excess of the amounts required to meet the obligations
12of the Traffic and Criminal Conviction Surcharge Fund.
13(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
1498-743, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
15    Section 5-30. The Law Enforcement Camera Grant Act is
16amended by changing Section 25 as follows:
 
17    (50 ILCS 707/25)
18    Sec. 25. No fund sweep. Notwithstanding any other provision
19of law, moneys in the Law Enforcement Camera Grant Fund may not
20be appropriated, assigned, or transferred to another State
21fund, except that, notwithstanding any other provision of law,
22in addition to any other transfers that may be provided by law,
23on the effective date of this amendatory Act of the 99th
24General Assembly, or as soon thereafter as practical, the State

 

 

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1Comptroller shall direct and the State Treasurer shall transfer
2the sum of $2,000,000 from the Law Enforcement Camera Grant
3Fund to the Traffic and Criminal Conviction Surcharge Fund.
4(Source: P.A. 99-352, eff. 1-1-16.)
 
5    Section 5-35. The School Code is amended by changing
6Section 18-8.05 as follows:
 
7    (105 ILCS 5/18-8.05)
8    Sec. 18-8.05. Basis for apportionment of general State
9financial aid and supplemental general State aid to the common
10schools for the 1998-1999 and subsequent school years.
 
11(A) General Provisions.
12    (1) The provisions of this Section apply to the 1998-1999
13and subsequent school years. The system of general State
14financial aid provided for in this Section is designed to
15assure that, through a combination of State financial aid and
16required local resources, the financial support provided each
17pupil in Average Daily Attendance equals or exceeds a
18prescribed per pupil Foundation Level. This formula approach
19imputes a level of per pupil Available Local Resources and
20provides for the basis to calculate a per pupil level of
21general State financial aid that, when added to Available Local
22Resources, equals or exceeds the Foundation Level. The amount
23of per pupil general State financial aid for school districts,

 

 

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1in general, varies in inverse relation to Available Local
2Resources. Per pupil amounts are based upon each school
3district's Average Daily Attendance as that term is defined in
4this Section.
5    (2) In addition to general State financial aid, school
6districts with specified levels or concentrations of pupils
7from low income households are eligible to receive supplemental
8general State financial aid grants as provided pursuant to
9subsection (H). The supplemental State aid grants provided for
10school districts under subsection (H) shall be appropriated for
11distribution to school districts as part of the same line item
12in which the general State financial aid of school districts is
13appropriated under this Section.
14    (3) To receive financial assistance under this Section,
15school districts are required to file claims with the State
16Board of Education, subject to the following requirements:
17        (a) Any school district which fails for any given
18    school year to maintain school as required by law, or to
19    maintain a recognized school is not eligible to file for
20    such school year any claim upon the Common School Fund. In
21    case of nonrecognition of one or more attendance centers in
22    a school district otherwise operating recognized schools,
23    the claim of the district shall be reduced in the
24    proportion which the Average Daily Attendance in the
25    attendance center or centers bear to the Average Daily
26    Attendance in the school district. A "recognized school"

 

 

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1    means any public school which meets the standards as
2    established for recognition by the State Board of
3    Education. A school district or attendance center not
4    having recognition status at the end of a school term is
5    entitled to receive State aid payments due upon a legal
6    claim which was filed while it was recognized.
7        (b) School district claims filed under this Section are
8    subject to Sections 18-9 and 18-12, except as otherwise
9    provided in this Section.
10        (c) If a school district operates a full year school
11    under Section 10-19.1, the general State aid to the school
12    district shall be determined by the State Board of
13    Education in accordance with this Section as near as may be
14    applicable.
15        (d) (Blank).
16    (4) Except as provided in subsections (H) and (L), the
17board of any district receiving any of the grants provided for
18in this Section may apply those funds to any fund so received
19for which that board is authorized to make expenditures by law.
20    School districts are not required to exert a minimum
21Operating Tax Rate in order to qualify for assistance under
22this Section.
23    (5) As used in this Section the following terms, when
24capitalized, shall have the meaning ascribed herein:
25        (a) "Average Daily Attendance": A count of pupil
26    attendance in school, averaged as provided for in

 

 

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1    subsection (C) and utilized in deriving per pupil financial
2    support levels.
3        (b) "Available Local Resources": A computation of
4    local financial support, calculated on the basis of Average
5    Daily Attendance and derived as provided pursuant to
6    subsection (D).
7        (c) "Corporate Personal Property Replacement Taxes":
8    Funds paid to local school districts pursuant to "An Act in
9    relation to the abolition of ad valorem personal property
10    tax and the replacement of revenues lost thereby, and
11    amending and repealing certain Acts and parts of Acts in
12    connection therewith", certified August 14, 1979, as
13    amended (Public Act 81-1st S.S.-1).
14        (d) "Foundation Level": A prescribed level of per pupil
15    financial support as provided for in subsection (B).
16        (e) "Operating Tax Rate": All school district property
17    taxes extended for all purposes, except Bond and Interest,
18    Summer School, Rent, Capital Improvement, and Vocational
19    Education Building purposes.
 
20(B) Foundation Level.
21    (1) The Foundation Level is a figure established by the
22State representing the minimum level of per pupil financial
23support that should be available to provide for the basic
24education of each pupil in Average Daily Attendance. As set
25forth in this Section, each school district is assumed to exert

 

 

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1a sufficient local taxing effort such that, in combination with
2the aggregate of general State financial aid provided the
3district, an aggregate of State and local resources are
4available to meet the basic education needs of pupils in the
5district.
6    (2) For the 1998-1999 school year, the Foundation Level of
7support is $4,225. For the 1999-2000 school year, the
8Foundation Level of support is $4,325. For the 2000-2001 school
9year, the Foundation Level of support is $4,425. For the
102001-2002 school year and 2002-2003 school year, the Foundation
11Level of support is $4,560. For the 2003-2004 school year, the
12Foundation Level of support is $4,810. For the 2004-2005 school
13year, the Foundation Level of support is $4,964. For the
142005-2006 school year, the Foundation Level of support is
15$5,164. For the 2006-2007 school year, the Foundation Level of
16support is $5,334. For the 2007-2008 school year, the
17Foundation Level of support is $5,734. For the 2008-2009 school
18year, the Foundation Level of support is $5,959.
19    (3) For the 2009-2010 school year and each school year
20thereafter, the Foundation Level of support is $6,119 or such
21greater amount as may be established by law by the General
22Assembly.
 
23(C) Average Daily Attendance.
24    (1) For purposes of calculating general State aid pursuant
25to subsection (E), an Average Daily Attendance figure shall be

 

 

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1utilized. The Average Daily Attendance figure for formula
2calculation purposes shall be the monthly average of the actual
3number of pupils in attendance of each school district, as
4further averaged for the best 3 months of pupil attendance for
5each school district. In compiling the figures for the number
6of pupils in attendance, school districts and the State Board
7of Education shall, for purposes of general State aid funding,
8conform attendance figures to the requirements of subsection
9(F).
10    (2) The Average Daily Attendance figures utilized in
11subsection (E) shall be the requisite attendance data for the
12school year immediately preceding the school year for which
13general State aid is being calculated or the average of the
14attendance data for the 3 preceding school years, whichever is
15greater. The Average Daily Attendance figures utilized in
16subsection (H) shall be the requisite attendance data for the
17school year immediately preceding the school year for which
18general State aid is being calculated.
 
19(D) Available Local Resources.
20    (1) For purposes of calculating general State aid pursuant
21to subsection (E), a representation of Available Local
22Resources per pupil, as that term is defined and determined in
23this subsection, shall be utilized. Available Local Resources
24per pupil shall include a calculated dollar amount representing
25local school district revenues from local property taxes and

 

 

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1from Corporate Personal Property Replacement Taxes, expressed
2on the basis of pupils in Average Daily Attendance. Calculation
3of Available Local Resources shall exclude any tax amnesty
4funds received as a result of Public Act 93-26.
5    (2) In determining a school district's revenue from local
6property taxes, the State Board of Education shall utilize the
7equalized assessed valuation of all taxable property of each
8school district as of September 30 of the previous year. The
9equalized assessed valuation utilized shall be obtained and
10determined as provided in subsection (G).
11    (3) For school districts maintaining grades kindergarten
12through 12, local property tax revenues per pupil shall be
13calculated as the product of the applicable equalized assessed
14valuation for the district multiplied by 3.00%, and divided by
15the district's Average Daily Attendance figure. For school
16districts maintaining grades kindergarten through 8, local
17property tax revenues per pupil shall be calculated as the
18product of the applicable equalized assessed valuation for the
19district multiplied by 2.30%, and divided by the district's
20Average Daily Attendance figure. For school districts
21maintaining grades 9 through 12, local property tax revenues
22per pupil shall be the applicable equalized assessed valuation
23of the district multiplied by 1.05%, and divided by the
24district's Average Daily Attendance figure.
25    For partial elementary unit districts created pursuant to
26Article 11E of this Code, local property tax revenues per pupil

 

 

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1shall be calculated as the product of the equalized assessed
2valuation for property within the partial elementary unit
3district for elementary purposes, as defined in Article 11E of
4this Code, multiplied by 2.06% and divided by the district's
5Average Daily Attendance figure, plus the product of the
6equalized assessed valuation for property within the partial
7elementary unit district for high school purposes, as defined
8in Article 11E of this Code, multiplied by 0.94% and divided by
9the district's Average Daily Attendance figure.
10    (4) The Corporate Personal Property Replacement Taxes paid
11to each school district during the calendar year one year
12before the calendar year in which a school year begins, divided
13by the Average Daily Attendance figure for that district, shall
14be added to the local property tax revenues per pupil as
15derived by the application of the immediately preceding
16paragraph (3). The sum of these per pupil figures for each
17school district shall constitute Available Local Resources as
18that term is utilized in subsection (E) in the calculation of
19general State aid.
 
20(E) Computation of General State Aid.
21    (1) For each school year, the amount of general State aid
22allotted to a school district shall be computed by the State
23Board of Education as provided in this subsection.
24    (2) For any school district for which Available Local
25Resources per pupil is less than the product of 0.93 times the

 

 

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1Foundation Level, general State aid for that district shall be
2calculated as an amount equal to the Foundation Level minus
3Available Local Resources, multiplied by the Average Daily
4Attendance of the school district.
5    (3) For any school district for which Available Local
6Resources per pupil is equal to or greater than the product of
70.93 times the Foundation Level and less than the product of
81.75 times the Foundation Level, the general State aid per
9pupil shall be a decimal proportion of the Foundation Level
10derived using a linear algorithm. Under this linear algorithm,
11the calculated general State aid per pupil shall decline in
12direct linear fashion from 0.07 times the Foundation Level for
13a school district with Available Local Resources equal to the
14product of 0.93 times the Foundation Level, to 0.05 times the
15Foundation Level for a school district with Available Local
16Resources equal to the product of 1.75 times the Foundation
17Level. The allocation of general State aid for school districts
18subject to this paragraph 3 shall be the calculated general
19State aid per pupil figure multiplied by the Average Daily
20Attendance of the school district.
21    (4) For any school district for which Available Local
22Resources per pupil equals or exceeds the product of 1.75 times
23the Foundation Level, the general State aid for the school
24district shall be calculated as the product of $218 multiplied
25by the Average Daily Attendance of the school district.
26    (5) The amount of general State aid allocated to a school

 

 

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1district for the 1999-2000 school year meeting the requirements
2set forth in paragraph (4) of subsection (G) shall be increased
3by an amount equal to the general State aid that would have
4been received by the district for the 1998-1999 school year by
5utilizing the Extension Limitation Equalized Assessed
6Valuation as calculated in paragraph (4) of subsection (G) less
7the general State aid allotted for the 1998-1999 school year.
8This amount shall be deemed a one time increase, and shall not
9affect any future general State aid allocations.
 
10(F) Compilation of Average Daily Attendance.
11    (1) Each school district shall, by July 1 of each year,
12submit to the State Board of Education, on forms prescribed by
13the State Board of Education, attendance figures for the school
14year that began in the preceding calendar year. The attendance
15information so transmitted shall identify the average daily
16attendance figures for each month of the school year. Beginning
17with the general State aid claim form for the 2002-2003 school
18year, districts shall calculate Average Daily Attendance as
19provided in subdivisions (a), (b), and (c) of this paragraph
20(1).
21        (a) In districts that do not hold year-round classes,
22    days of attendance in August shall be added to the month of
23    September and any days of attendance in June shall be added
24    to the month of May.
25        (b) In districts in which all buildings hold year-round

 

 

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1    classes, days of attendance in July and August shall be
2    added to the month of September and any days of attendance
3    in June shall be added to the month of May.
4        (c) In districts in which some buildings, but not all,
5    hold year-round classes, for the non-year-round buildings,
6    days of attendance in August shall be added to the month of
7    September and any days of attendance in June shall be added
8    to the month of May. The average daily attendance for the
9    year-round buildings shall be computed as provided in
10    subdivision (b) of this paragraph (1). To calculate the
11    Average Daily Attendance for the district, the average
12    daily attendance for the year-round buildings shall be
13    multiplied by the days in session for the non-year-round
14    buildings for each month and added to the monthly
15    attendance of the non-year-round buildings.
16    Except as otherwise provided in this Section, days of
17attendance by pupils shall be counted only for sessions of not
18less than 5 clock hours of school work per day under direct
19supervision of: (i) teachers, or (ii) non-teaching personnel or
20volunteer personnel when engaging in non-teaching duties and
21supervising in those instances specified in subsection (a) of
22Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
23of legal school age and in kindergarten and grades 1 through
2412. Days of attendance by pupils through verified participation
25in an e-learning program approved by the State Board of
26Education under Section 10-20.56 of the Code shall be

 

 

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1considered as full days of attendance for purposes of this
2Section.
3    Days of attendance by tuition pupils shall be accredited
4only to the districts that pay the tuition to a recognized
5school.
6    (2) Days of attendance by pupils of less than 5 clock hours
7of school shall be subject to the following provisions in the
8compilation of Average Daily Attendance.
9        (a) Pupils regularly enrolled in a public school for
10    only a part of the school day may be counted on the basis
11    of 1/6 day for every class hour of instruction of 40
12    minutes or more attended pursuant to such enrollment,
13    unless a pupil is enrolled in a block-schedule format of 80
14    minutes or more of instruction, in which case the pupil may
15    be counted on the basis of the proportion of minutes of
16    school work completed each day to the minimum number of
17    minutes that school work is required to be held that day.
18        (b) (Blank).
19        (c) A session of 4 or more clock hours may be counted
20    as a day of attendance upon certification by the regional
21    superintendent, and approved by the State Superintendent
22    of Education to the extent that the district has been
23    forced to use daily multiple sessions.
24        (d) A session of 3 or more clock hours may be counted
25    as a day of attendance (1) when the remainder of the school
26    day or at least 2 hours in the evening of that day is

 

 

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1    utilized for an in-service training program for teachers,
2    up to a maximum of 5 days per school year, provided a
3    district conducts an in-service training program for
4    teachers in accordance with Section 10-22.39 of this Code;
5    or, in lieu of 4 such days, 2 full days may be used, in
6    which event each such day may be counted as a day required
7    for a legal school calendar pursuant to Section 10-19 of
8    this Code; (1.5) when, of the 5 days allowed under item
9    (1), a maximum of 4 days are used for parent-teacher
10    conferences, or, in lieu of 4 such days, 2 full days are
11    used, in which case each such day may be counted as a
12    calendar day required under Section 10-19 of this Code,
13    provided that the full-day, parent-teacher conference
14    consists of (i) a minimum of 5 clock hours of
15    parent-teacher conferences, (ii) both a minimum of 2 clock
16    hours of parent-teacher conferences held in the evening
17    following a full day of student attendance, as specified in
18    subsection (F)(1)(c), and a minimum of 3 clock hours of
19    parent-teacher conferences held on the day immediately
20    following evening parent-teacher conferences, or (iii)
21    multiple parent-teacher conferences held in the evenings
22    following full days of student attendance, as specified in
23    subsection (F)(1)(c), in which the time used for the
24    parent-teacher conferences is equivalent to a minimum of 5
25    clock hours; and (2) when days in addition to those
26    provided in items (1) and (1.5) are scheduled by a school

 

 

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1    pursuant to its school improvement plan adopted under
2    Article 34 or its revised or amended school improvement
3    plan adopted under Article 2, provided that (i) such
4    sessions of 3 or more clock hours are scheduled to occur at
5    regular intervals, (ii) the remainder of the school days in
6    which such sessions occur are utilized for in-service
7    training programs or other staff development activities
8    for teachers, and (iii) a sufficient number of minutes of
9    school work under the direct supervision of teachers are
10    added to the school days between such regularly scheduled
11    sessions to accumulate not less than the number of minutes
12    by which such sessions of 3 or more clock hours fall short
13    of 5 clock hours. Any full days used for the purposes of
14    this paragraph shall not be considered for computing
15    average daily attendance. Days scheduled for in-service
16    training programs, staff development activities, or
17    parent-teacher conferences may be scheduled separately for
18    different grade levels and different attendance centers of
19    the district.
20        (e) A session of not less than one clock hour of
21    teaching hospitalized or homebound pupils on-site or by
22    telephone to the classroom may be counted as 1/2 day of
23    attendance, however these pupils must receive 4 or more
24    clock hours of instruction to be counted for a full day of
25    attendance.
26        (f) A session of at least 4 clock hours may be counted

 

 

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1    as a day of attendance for first grade pupils, and pupils
2    in full day kindergartens, and a session of 2 or more hours
3    may be counted as 1/2 day of attendance by pupils in
4    kindergartens which provide only 1/2 day of attendance.
5        (g) For children with disabilities who are below the
6    age of 6 years and who cannot attend 2 or more clock hours
7    because of their disability or immaturity, a session of not
8    less than one clock hour may be counted as 1/2 day of
9    attendance; however for such children whose educational
10    needs so require a session of 4 or more clock hours may be
11    counted as a full day of attendance.
12        (h) A recognized kindergarten which provides for only
13    1/2 day of attendance by each pupil shall not have more
14    than 1/2 day of attendance counted in any one day. However,
15    kindergartens may count 2 1/2 days of attendance in any 5
16    consecutive school days. When a pupil attends such a
17    kindergarten for 2 half days on any one school day, the
18    pupil shall have the following day as a day absent from
19    school, unless the school district obtains permission in
20    writing from the State Superintendent of Education.
21    Attendance at kindergartens which provide for a full day of
22    attendance by each pupil shall be counted the same as
23    attendance by first grade pupils. Only the first year of
24    attendance in one kindergarten shall be counted, except in
25    case of children who entered the kindergarten in their
26    fifth year whose educational development requires a second

 

 

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1    year of kindergarten as determined under the rules and
2    regulations of the State Board of Education.
3        (i) On the days when the assessment that includes a
4    college and career ready determination is administered
5    under subsection (c) of Section 2-3.64a-5 of this Code, the
6    day of attendance for a pupil whose school day must be
7    shortened to accommodate required testing procedures may
8    be less than 5 clock hours and shall be counted towards the
9    176 days of actual pupil attendance required under Section
10    10-19 of this Code, provided that a sufficient number of
11    minutes of school work in excess of 5 clock hours are first
12    completed on other school days to compensate for the loss
13    of school work on the examination days.
14        (j) Pupils enrolled in a remote educational program
15    established under Section 10-29 of this Code may be counted
16    on the basis of one-fifth day of attendance for every clock
17    hour of instruction attended in the remote educational
18    program, provided that, in any month, the school district
19    may not claim for a student enrolled in a remote
20    educational program more days of attendance than the
21    maximum number of days of attendance the district can claim
22    (i) for students enrolled in a building holding year-round
23    classes if the student is classified as participating in
24    the remote educational program on a year-round schedule or
25    (ii) for students enrolled in a building not holding
26    year-round classes if the student is not classified as

 

 

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1    participating in the remote educational program on a
2    year-round schedule.
 
3(G) Equalized Assessed Valuation Data.
4    (1) For purposes of the calculation of Available Local
5Resources required pursuant to subsection (D), the State Board
6of Education shall secure from the Department of Revenue the
7value as equalized or assessed by the Department of Revenue of
8all taxable property of every school district, together with
9(i) the applicable tax rate used in extending taxes for the
10funds of the district as of September 30 of the previous year
11and (ii) the limiting rate for all school districts subject to
12property tax extension limitations as imposed under the
13Property Tax Extension Limitation Law.
14    The Department of Revenue shall add to the equalized
15assessed value of all taxable property of each school district
16situated entirely or partially within a county that is or was
17subject to the provisions of Section 15-176 or 15-177 of the
18Property Tax Code (a) an amount equal to the total amount by
19which the homestead exemption allowed under Section 15-176 or
2015-177 of the Property Tax Code for real property situated in
21that school district exceeds the total amount that would have
22been allowed in that school district if the maximum reduction
23under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
24all other counties in tax year 2003 or (ii) $5,000 in all
25counties in tax year 2004 and thereafter and (b) an amount

 

 

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1equal to the aggregate amount for the taxable year of all
2additional exemptions under Section 15-175 of the Property Tax
3Code for owners with a household income of $30,000 or less. The
4county clerk of any county that is or was subject to the
5provisions of Section 15-176 or 15-177 of the Property Tax Code
6shall annually calculate and certify to the Department of
7Revenue for each school district all homestead exemption
8amounts under Section 15-176 or 15-177 of the Property Tax Code
9and all amounts of additional exemptions under Section 15-175
10of the Property Tax Code for owners with a household income of
11$30,000 or less. It is the intent of this paragraph that if the
12general homestead exemption for a parcel of property is
13determined under Section 15-176 or 15-177 of the Property Tax
14Code rather than Section 15-175, then the calculation of
15Available Local Resources shall not be affected by the
16difference, if any, between the amount of the general homestead
17exemption allowed for that parcel of property under Section
1815-176 or 15-177 of the Property Tax Code and the amount that
19would have been allowed had the general homestead exemption for
20that parcel of property been determined under Section 15-175 of
21the Property Tax Code. It is further the intent of this
22paragraph that if additional exemptions are allowed under
23Section 15-175 of the Property Tax Code for owners with a
24household income of less than $30,000, then the calculation of
25Available Local Resources shall not be affected by the
26difference, if any, because of those additional exemptions.

 

 

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1    This equalized assessed valuation, as adjusted further by
2the requirements of this subsection, shall be utilized in the
3calculation of Available Local Resources.
4    (2) The equalized assessed valuation in paragraph (1) shall
5be adjusted, as applicable, in the following manner:
6        (a) For the purposes of calculating State aid under
7    this Section, with respect to any part of a school district
8    within a redevelopment project area in respect to which a
9    municipality has adopted tax increment allocation
10    financing pursuant to the Tax Increment Allocation
11    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
12    of the Illinois Municipal Code or the Industrial Jobs
13    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
14    Illinois Municipal Code, no part of the current equalized
15    assessed valuation of real property located in any such
16    project area which is attributable to an increase above the
17    total initial equalized assessed valuation of such
18    property shall be used as part of the equalized assessed
19    valuation of the district, until such time as all
20    redevelopment project costs have been paid, as provided in
21    Section 11-74.4-8 of the Tax Increment Allocation
22    Redevelopment Act or in Section 11-74.6-35 of the
23    Industrial Jobs Recovery Law. For the purpose of the
24    equalized assessed valuation of the district, the total
25    initial equalized assessed valuation or the current
26    equalized assessed valuation, whichever is lower, shall be

 

 

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1    used until such time as all redevelopment project costs
2    have been paid.
3        (b) The real property equalized assessed valuation for
4    a school district shall be adjusted by subtracting from the
5    real property value as equalized or assessed by the
6    Department of Revenue for the district an amount computed
7    by dividing the amount of any abatement of taxes under
8    Section 18-170 of the Property Tax Code by 3.00% for a
9    district maintaining grades kindergarten through 12, by
10    2.30% for a district maintaining grades kindergarten
11    through 8, or by 1.05% for a district maintaining grades 9
12    through 12 and adjusted by an amount computed by dividing
13    the amount of any abatement of taxes under subsection (a)
14    of Section 18-165 of the Property Tax Code by the same
15    percentage rates for district type as specified in this
16    subparagraph (b).
17    (3) For the 1999-2000 school year and each school year
18thereafter, if a school district meets all of the criteria of
19this subsection (G)(3), the school district's Available Local
20Resources shall be calculated under subsection (D) using the
21district's Extension Limitation Equalized Assessed Valuation
22as calculated under this subsection (G)(3).
23    For purposes of this subsection (G)(3) the following terms
24shall have the following meanings:
25        "Budget Year": The school year for which general State
26    aid is calculated and awarded under subsection (E).

 

 

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1        "Base Tax Year": The property tax levy year used to
2    calculate the Budget Year allocation of general State aid.
3        "Preceding Tax Year": The property tax levy year
4    immediately preceding the Base Tax Year.
5        "Base Tax Year's Tax Extension": The product of the
6    equalized assessed valuation utilized by the County Clerk
7    in the Base Tax Year multiplied by the limiting rate as
8    calculated by the County Clerk and defined in the Property
9    Tax Extension Limitation Law.
10        "Preceding Tax Year's Tax Extension": The product of
11    the equalized assessed valuation utilized by the County
12    Clerk in the Preceding Tax Year multiplied by the Operating
13    Tax Rate as defined in subsection (A).
14        "Extension Limitation Ratio": A numerical ratio,
15    certified by the County Clerk, in which the numerator is
16    the Base Tax Year's Tax Extension and the denominator is
17    the Preceding Tax Year's Tax Extension.
18        "Operating Tax Rate": The operating tax rate as defined
19    in subsection (A).
20    If a school district is subject to property tax extension
21limitations as imposed under the Property Tax Extension
22Limitation Law, the State Board of Education shall calculate
23the Extension Limitation Equalized Assessed Valuation of that
24district. For the 1999-2000 school year, the Extension
25Limitation Equalized Assessed Valuation of a school district as
26calculated by the State Board of Education shall be equal to

 

 

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1the product of the district's 1996 Equalized Assessed Valuation
2and the district's Extension Limitation Ratio. Except as
3otherwise provided in this paragraph for a school district that
4has approved or does approve an increase in its limiting rate,
5for the 2000-2001 school year and each school year thereafter,
6the Extension Limitation Equalized Assessed Valuation of a
7school district as calculated by the State Board of Education
8shall be equal to the product of the Equalized Assessed
9Valuation last used in the calculation of general State aid and
10the district's Extension Limitation Ratio. If the Extension
11Limitation Equalized Assessed Valuation of a school district as
12calculated under this subsection (G)(3) is less than the
13district's equalized assessed valuation as calculated pursuant
14to subsections (G)(1) and (G)(2), then for purposes of
15calculating the district's general State aid for the Budget
16Year pursuant to subsection (E), that Extension Limitation
17Equalized Assessed Valuation shall be utilized to calculate the
18district's Available Local Resources under subsection (D). For
19the 2009-2010 school year and each school year thereafter, if a
20school district has approved or does approve an increase in its
21limiting rate, pursuant to Section 18-190 of the Property Tax
22Code, affecting the Base Tax Year, the Extension Limitation
23Equalized Assessed Valuation of the school district, as
24calculated by the State Board of Education, shall be equal to
25the product of the Equalized Assessed Valuation last used in
26the calculation of general State aid times an amount equal to

 

 

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1one plus the percentage increase, if any, in the Consumer Price
2Index for all Urban Consumers for all items published by the
3United States Department of Labor for the 12-month calendar
4year preceding the Base Tax Year, plus the Equalized Assessed
5Valuation of new property, annexed property, and recovered tax
6increment value and minus the Equalized Assessed Valuation of
7disconnected property. New property and recovered tax
8increment value shall have the meanings set forth in the
9Property Tax Extension Limitation Law.
10    Partial elementary unit districts created in accordance
11with Article 11E of this Code shall not be eligible for the
12adjustment in this subsection (G)(3) until the fifth year
13following the effective date of the reorganization.
14    (3.5) For the 2010-2011 school year and each school year
15thereafter, if a school district's boundaries span multiple
16counties, then the Department of Revenue shall send to the
17State Board of Education, for the purpose of calculating
18general State aid, the limiting rate and individual rates by
19purpose for the county that contains the majority of the school
20district's Equalized Assessed Valuation.
21    (4) For the purposes of calculating general State aid for
22the 1999-2000 school year only, if a school district
23experienced a triennial reassessment on the equalized assessed
24valuation used in calculating its general State financial aid
25apportionment for the 1998-1999 school year, the State Board of
26Education shall calculate the Extension Limitation Equalized

 

 

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1Assessed Valuation that would have been used to calculate the
2district's 1998-1999 general State aid. This amount shall equal
3the product of the equalized assessed valuation used to
4calculate general State aid for the 1997-1998 school year and
5the district's Extension Limitation Ratio. If the Extension
6Limitation Equalized Assessed Valuation of the school district
7as calculated under this paragraph (4) is less than the
8district's equalized assessed valuation utilized in
9calculating the district's 1998-1999 general State aid
10allocation, then for purposes of calculating the district's
11general State aid pursuant to paragraph (5) of subsection (E),
12that Extension Limitation Equalized Assessed Valuation shall
13be utilized to calculate the district's Available Local
14Resources.
15    (5) For school districts having a majority of their
16equalized assessed valuation in any county except Cook, DuPage,
17Kane, Lake, McHenry, or Will, if the amount of general State
18aid allocated to the school district for the 1999-2000 school
19year under the provisions of subsection (E), (H), and (J) of
20this Section is less than the amount of general State aid
21allocated to the district for the 1998-1999 school year under
22these subsections, then the general State aid of the district
23for the 1999-2000 school year only shall be increased by the
24difference between these amounts. The total payments made under
25this paragraph (5) shall not exceed $14,000,000. Claims shall
26be prorated if they exceed $14,000,000.
 

 

 

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1(H) Supplemental General State Aid.
2    (1) In addition to the general State aid a school district
3is allotted pursuant to subsection (E), qualifying school
4districts shall receive a grant, paid in conjunction with a
5district's payments of general State aid, for supplemental
6general State aid based upon the concentration level of
7children from low-income households within the school
8district. Supplemental State aid grants provided for school
9districts under this subsection shall be appropriated for
10distribution to school districts as part of the same line item
11in which the general State financial aid of school districts is
12appropriated under this Section.
13    (1.5) This paragraph (1.5) applies only to those school
14years preceding the 2003-2004 school year. For purposes of this
15subsection (H), the term "Low-Income Concentration Level"
16shall be the low-income eligible pupil count from the most
17recently available federal census divided by the Average Daily
18Attendance of the school district. If, however, (i) the
19percentage decrease from the 2 most recent federal censuses in
20the low-income eligible pupil count of a high school district
21with fewer than 400 students exceeds by 75% or more the
22percentage change in the total low-income eligible pupil count
23of contiguous elementary school districts, whose boundaries
24are coterminous with the high school district, or (ii) a high
25school district within 2 counties and serving 5 elementary

 

 

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1school districts, whose boundaries are coterminous with the
2high school district, has a percentage decrease from the 2 most
3recent federal censuses in the low-income eligible pupil count
4and there is a percentage increase in the total low-income
5eligible pupil count of a majority of the elementary school
6districts in excess of 50% from the 2 most recent federal
7censuses, then the high school district's low-income eligible
8pupil count from the earlier federal census shall be the number
9used as the low-income eligible pupil count for the high school
10district, for purposes of this subsection (H). The changes made
11to this paragraph (1) by Public Act 92-28 shall apply to
12supplemental general State aid grants for school years
13preceding the 2003-2004 school year that are paid in fiscal
14year 1999 or thereafter and to any State aid payments made in
15fiscal year 1994 through fiscal year 1998 pursuant to
16subsection 1(n) of Section 18-8 of this Code (which was
17repealed on July 1, 1998), and any high school district that is
18affected by Public Act 92-28 is entitled to a recomputation of
19its supplemental general State aid grant or State aid paid in
20any of those fiscal years. This recomputation shall not be
21affected by any other funding.
22    (1.10) This paragraph (1.10) applies to the 2003-2004
23school year and each school year thereafter. For purposes of
24this subsection (H), the term "Low-Income Concentration Level"
25shall, for each fiscal year, be the low-income eligible pupil
26count as of July 1 of the immediately preceding fiscal year (as

 

 

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1determined by the Department of Human Services based on the
2number of pupils who are eligible for at least one of the
3following low income programs: Medicaid, the Children's Health
4Insurance Program, TANF, or Food Stamps, excluding pupils who
5are eligible for services provided by the Department of
6Children and Family Services, averaged over the 2 immediately
7preceding fiscal years for fiscal year 2004 and over the 3
8immediately preceding fiscal years for each fiscal year
9thereafter) divided by the Average Daily Attendance of the
10school district.
11    (2) Supplemental general State aid pursuant to this
12subsection (H) shall be provided as follows for the 1998-1999,
131999-2000, and 2000-2001 school years only:
14        (a) For any school district with a Low Income
15    Concentration Level of at least 20% and less than 35%, the
16    grant for any school year shall be $800 multiplied by the
17    low income eligible pupil count.
18        (b) For any school district with a Low Income
19    Concentration Level of at least 35% and less than 50%, the
20    grant for the 1998-1999 school year shall be $1,100
21    multiplied by the low income eligible pupil count.
22        (c) For any school district with a Low Income
23    Concentration Level of at least 50% and less than 60%, the
24    grant for the 1998-99 school year shall be $1,500
25    multiplied by the low income eligible pupil count.
26        (d) For any school district with a Low Income

 

 

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1    Concentration Level of 60% or more, the grant for the
2    1998-99 school year shall be $1,900 multiplied by the low
3    income eligible pupil count.
4        (e) For the 1999-2000 school year, the per pupil amount
5    specified in subparagraphs (b), (c), and (d) immediately
6    above shall be increased to $1,243, $1,600, and $2,000,
7    respectively.
8        (f) For the 2000-2001 school year, the per pupil
9    amounts specified in subparagraphs (b), (c), and (d)
10    immediately above shall be $1,273, $1,640, and $2,050,
11    respectively.
12    (2.5) Supplemental general State aid pursuant to this
13subsection (H) shall be provided as follows for the 2002-2003
14school year:
15        (a) For any school district with a Low Income
16    Concentration Level of less than 10%, the grant for each
17    school year shall be $355 multiplied by the low income
18    eligible pupil count.
19        (b) For any school district with a Low Income
20    Concentration Level of at least 10% and less than 20%, the
21    grant for each school year shall be $675 multiplied by the
22    low income eligible pupil count.
23        (c) For any school district with a Low Income
24    Concentration Level of at least 20% and less than 35%, the
25    grant for each school year shall be $1,330 multiplied by
26    the low income eligible pupil count.

 

 

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1        (d) For any school district with a Low Income
2    Concentration Level of at least 35% and less than 50%, the
3    grant for each school year shall be $1,362 multiplied by
4    the low income eligible pupil count.
5        (e) For any school district with a Low Income
6    Concentration Level of at least 50% and less than 60%, the
7    grant for each school year shall be $1,680 multiplied by
8    the low income eligible pupil count.
9        (f) For any school district with a Low Income
10    Concentration Level of 60% or more, the grant for each
11    school year shall be $2,080 multiplied by the low income
12    eligible pupil count.
13    (2.10) Except as otherwise provided, supplemental general
14State aid pursuant to this subsection (H) shall be provided as
15follows for the 2003-2004 school year and each school year
16thereafter:
17        (a) For any school district with a Low Income
18    Concentration Level of 15% or less, the grant for each
19    school year shall be $355 multiplied by the low income
20    eligible pupil count.
21        (b) For any school district with a Low Income
22    Concentration Level greater than 15%, the grant for each
23    school year shall be $294.25 added to the product of $2,700
24    and the square of the Low Income Concentration Level, all
25    multiplied by the low income eligible pupil count.
26    For the 2003-2004 school year and each school year

 

 

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1thereafter through the 2008-2009 school year only, the grant
2shall be no less than the grant for the 2002-2003 school year.
3For the 2009-2010 school year only, the grant shall be no less
4than the grant for the 2002-2003 school year multiplied by
50.66. For the 2010-2011 school year only, the grant shall be no
6less than the grant for the 2002-2003 school year multiplied by
70.33. Notwithstanding the provisions of this paragraph to the
8contrary, if for any school year supplemental general State aid
9grants are prorated as provided in paragraph (1) of this
10subsection (H), then the grants under this paragraph shall be
11prorated.
12    For the 2003-2004 school year only, the grant shall be no
13greater than the grant received during the 2002-2003 school
14year added to the product of 0.25 multiplied by the difference
15between the grant amount calculated under subsection (a) or (b)
16of this paragraph (2.10), whichever is applicable, and the
17grant received during the 2002-2003 school year. For the
182004-2005 school year only, the grant shall be no greater than
19the grant received during the 2002-2003 school year added to
20the product of 0.50 multiplied by the difference between the
21grant amount calculated under subsection (a) or (b) of this
22paragraph (2.10), whichever is applicable, and the grant
23received during the 2002-2003 school year. For the 2005-2006
24school year only, the grant shall be no greater than the grant
25received during the 2002-2003 school year added to the product
26of 0.75 multiplied by the difference between the grant amount

 

 

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1calculated under subsection (a) or (b) of this paragraph
2(2.10), whichever is applicable, and the grant received during
3the 2002-2003 school year.
4    (3) School districts with an Average Daily Attendance of
5more than 1,000 and less than 50,000 that qualify for
6supplemental general State aid pursuant to this subsection
7shall submit a plan to the State Board of Education prior to
8October 30 of each year for the use of the funds resulting from
9this grant of supplemental general State aid for the
10improvement of instruction in which priority is given to
11meeting the education needs of disadvantaged children. Such
12plan shall be submitted in accordance with rules and
13regulations promulgated by the State Board of Education.
14    (4) School districts with an Average Daily Attendance of
1550,000 or more that qualify for supplemental general State aid
16pursuant to this subsection shall be required to distribute
17from funds available pursuant to this Section, no less than
18$261,000,000 in accordance with the following requirements:
19        (a) The required amounts shall be distributed to the
20    attendance centers within the district in proportion to the
21    number of pupils enrolled at each attendance center who are
22    eligible to receive free or reduced-price lunches or
23    breakfasts under the federal Child Nutrition Act of 1966
24    and under the National School Lunch Act during the
25    immediately preceding school year.
26        (b) The distribution of these portions of supplemental

 

 

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1    and general State aid among attendance centers according to
2    these requirements shall not be compensated for or
3    contravened by adjustments of the total of other funds
4    appropriated to any attendance centers, and the Board of
5    Education shall utilize funding from one or several sources
6    in order to fully implement this provision annually prior
7    to the opening of school.
8        (c) Each attendance center shall be provided by the
9    school district a distribution of noncategorical funds and
10    other categorical funds to which an attendance center is
11    entitled under law in order that the general State aid and
12    supplemental general State aid provided by application of
13    this subsection supplements rather than supplants the
14    noncategorical funds and other categorical funds provided
15    by the school district to the attendance centers.
16        (d) Any funds made available under this subsection that
17    by reason of the provisions of this subsection are not
18    required to be allocated and provided to attendance centers
19    may be used and appropriated by the board of the district
20    for any lawful school purpose.
21        (e) Funds received by an attendance center pursuant to
22    this subsection shall be used by the attendance center at
23    the discretion of the principal and local school council
24    for programs to improve educational opportunities at
25    qualifying schools through the following programs and
26    services: early childhood education, reduced class size or

 

 

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1    improved adult to student classroom ratio, enrichment
2    programs, remedial assistance, attendance improvement, and
3    other educationally beneficial expenditures which
4    supplement the regular and basic programs as determined by
5    the State Board of Education. Funds provided shall not be
6    expended for any political or lobbying purposes as defined
7    by board rule.
8        (f) Each district subject to the provisions of this
9    subdivision (H)(4) shall submit an acceptable plan to meet
10    the educational needs of disadvantaged children, in
11    compliance with the requirements of this paragraph, to the
12    State Board of Education prior to July 15 of each year.
13    This plan shall be consistent with the decisions of local
14    school councils concerning the school expenditure plans
15    developed in accordance with part 4 of Section 34-2.3. The
16    State Board shall approve or reject the plan within 60 days
17    after its submission. If the plan is rejected, the district
18    shall give written notice of intent to modify the plan
19    within 15 days of the notification of rejection and then
20    submit a modified plan within 30 days after the date of the
21    written notice of intent to modify. Districts may amend
22    approved plans pursuant to rules promulgated by the State
23    Board of Education.
24        Upon notification by the State Board of Education that
25    the district has not submitted a plan prior to July 15 or a
26    modified plan within the time period specified herein, the

 

 

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1    State aid funds affected by that plan or modified plan
2    shall be withheld by the State Board of Education until a
3    plan or modified plan is submitted.
4        If the district fails to distribute State aid to
5    attendance centers in accordance with an approved plan, the
6    plan for the following year shall allocate funds, in
7    addition to the funds otherwise required by this
8    subsection, to those attendance centers which were
9    underfunded during the previous year in amounts equal to
10    such underfunding.
11        For purposes of determining compliance with this
12    subsection in relation to the requirements of attendance
13    center funding, each district subject to the provisions of
14    this subsection shall submit as a separate document by
15    December 1 of each year a report of expenditure data for
16    the prior year in addition to any modification of its
17    current plan. If it is determined that there has been a
18    failure to comply with the expenditure provisions of this
19    subsection regarding contravention or supplanting, the
20    State Superintendent of Education shall, within 60 days of
21    receipt of the report, notify the district and any affected
22    local school council. The district shall within 45 days of
23    receipt of that notification inform the State
24    Superintendent of Education of the remedial or corrective
25    action to be taken, whether by amendment of the current
26    plan, if feasible, or by adjustment in the plan for the

 

 

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1    following year. Failure to provide the expenditure report
2    or the notification of remedial or corrective action in a
3    timely manner shall result in a withholding of the affected
4    funds.
5        The State Board of Education shall promulgate rules and
6    regulations to implement the provisions of this
7    subsection. No funds shall be released under this
8    subdivision (H)(4) to any district that has not submitted a
9    plan that has been approved by the State Board of
10    Education.
 
11(I) (Blank).
 
12(J) (Blank).
 
13(K) Grants to Laboratory and Alternative Schools.
14    In calculating the amount to be paid to the governing board
15of a public university that operates a laboratory school under
16this Section or to any alternative school that is operated by a
17regional superintendent of schools, the State Board of
18Education shall require by rule such reporting requirements as
19it deems necessary.
20    As used in this Section, "laboratory school" means a public
21school which is created and operated by a public university and
22approved by the State Board of Education. The governing board
23of a public university which receives funds from the State

 

 

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1Board under this subsection (K) may not increase the number of
2students enrolled in its laboratory school from a single
3district, if that district is already sending 50 or more
4students, except under a mutual agreement between the school
5board of a student's district of residence and the university
6which operates the laboratory school. A laboratory school may
7not have more than 1,000 students, excluding students with
8disabilities in a special education program.
9    As used in this Section, "alternative school" means a
10public school which is created and operated by a Regional
11Superintendent of Schools and approved by the State Board of
12Education. Such alternative schools may offer courses of
13instruction for which credit is given in regular school
14programs, courses to prepare students for the high school
15equivalency testing program or vocational and occupational
16training. A regional superintendent of schools may contract
17with a school district or a public community college district
18to operate an alternative school. An alternative school serving
19more than one educational service region may be established by
20the regional superintendents of schools of the affected
21educational service regions. An alternative school serving
22more than one educational service region may be operated under
23such terms as the regional superintendents of schools of those
24educational service regions may agree.
25    Each laboratory and alternative school shall file, on forms
26provided by the State Superintendent of Education, an annual

 

 

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1State aid claim which states the Average Daily Attendance of
2the school's students by month. The best 3 months' Average
3Daily Attendance shall be computed for each school. The general
4State aid entitlement shall be computed by multiplying the
5applicable Average Daily Attendance by the Foundation Level as
6determined under this Section.
 
7(L) Payments, Additional Grants in Aid and Other Requirements.
8    (1) For a school district operating under the financial
9supervision of an Authority created under Article 34A, the
10general State aid otherwise payable to that district under this
11Section, but not the supplemental general State aid, shall be
12reduced by an amount equal to the budget for the operations of
13the Authority as certified by the Authority to the State Board
14of Education, and an amount equal to such reduction shall be
15paid to the Authority created for such district for its
16operating expenses in the manner provided in Section 18-11. The
17remainder of general State school aid for any such district
18shall be paid in accordance with Article 34A when that Article
19provides for a disposition other than that provided by this
20Article.
21    (2) (Blank).
22    (3) Summer school. Summer school payments shall be made as
23provided in Section 18-4.3.
 
24(M) Education Funding Advisory Board.

 

 

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1    The Education Funding Advisory Board, hereinafter in this
2subsection (M) referred to as the "Board", is hereby created.
3The Board shall consist of 5 members who are appointed by the
4Governor, by and with the advice and consent of the Senate. The
5members appointed shall include representatives of education,
6business, and the general public. One of the members so
7appointed shall be designated by the Governor at the time the
8appointment is made as the chairperson of the Board. The
9initial members of the Board may be appointed any time after
10the effective date of this amendatory Act of 1997. The regular
11term of each member of the Board shall be for 4 years from the
12third Monday of January of the year in which the term of the
13member's appointment is to commence, except that of the 5
14initial members appointed to serve on the Board, the member who
15is appointed as the chairperson shall serve for a term that
16commences on the date of his or her appointment and expires on
17the third Monday of January, 2002, and the remaining 4 members,
18by lots drawn at the first meeting of the Board that is held
19after all 5 members are appointed, shall determine 2 of their
20number to serve for terms that commence on the date of their
21respective appointments and expire on the third Monday of
22January, 2001, and 2 of their number to serve for terms that
23commence on the date of their respective appointments and
24expire on the third Monday of January, 2000. All members
25appointed to serve on the Board shall serve until their
26respective successors are appointed and confirmed. Vacancies

 

 

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1shall be filled in the same manner as original appointments. If
2a vacancy in membership occurs at a time when the Senate is not
3in session, the Governor shall make a temporary appointment
4until the next meeting of the Senate, when he or she shall
5appoint, by and with the advice and consent of the Senate, a
6person to fill that membership for the unexpired term. If the
7Senate is not in session when the initial appointments are
8made, those appointments shall be made as in the case of
9vacancies.
10    The Education Funding Advisory Board shall be deemed
11established, and the initial members appointed by the Governor
12to serve as members of the Board shall take office, on the date
13that the Governor makes his or her appointment of the fifth
14initial member of the Board, whether those initial members are
15then serving pursuant to appointment and confirmation or
16pursuant to temporary appointments that are made by the
17Governor as in the case of vacancies.
18    The State Board of Education shall provide such staff
19assistance to the Education Funding Advisory Board as is
20reasonably required for the proper performance by the Board of
21its responsibilities.
22    For school years after the 2000-2001 school year, the
23Education Funding Advisory Board, in consultation with the
24State Board of Education, shall make recommendations as
25provided in this subsection (M) to the General Assembly for the
26foundation level under subdivision (B)(3) of this Section and

 

 

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1for the supplemental general State aid grant level under
2subsection (H) of this Section for districts with high
3concentrations of children from poverty. The recommended
4foundation level shall be determined based on a methodology
5which incorporates the basic education expenditures of
6low-spending schools exhibiting high academic performance. The
7Education Funding Advisory Board shall make such
8recommendations to the General Assembly on January 1 of odd
9numbered years, beginning January 1, 2001.
 
10(N) (Blank).
 
11(O) References.
12    (1) References in other laws to the various subdivisions of
13Section 18-8 as that Section existed before its repeal and
14replacement by this Section 18-8.05 shall be deemed to refer to
15the corresponding provisions of this Section 18-8.05, to the
16extent that those references remain applicable.
17    (2) References in other laws to State Chapter 1 funds shall
18be deemed to refer to the supplemental general State aid
19provided under subsection (H) of this Section.
 
20(P) Public Act 93-838 and Public Act 93-808 make inconsistent
21changes to this Section. Under Section 6 of the Statute on
22Statutes there is an irreconcilable conflict between Public Act
2393-808 and Public Act 93-838. Public Act 93-838, being the last

 

 

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1acted upon, is controlling. The text of Public Act 93-838 is
2the law regardless of the text of Public Act 93-808.
 
3(Q) State Fiscal Year 2015 Payments.
4    For payments made for State fiscal year 2015, the State
5Board of Education shall, for each school district, calculate
6that district's pro-rata share of a minimum sum of $13,600,000
7or additional amounts as needed from the total net General
8State Aid funding as calculated under this Section that shall
9be deemed attributable to the provision of special educational
10facilities and services, as defined in Section 14-1.08 of this
11Code, in a manner that ensures compliance with maintenance of
12State financial support requirements under the federal
13Individuals with Disabilities Education Act. Each school
14district must use such funds only for the provision of special
15educational facilities and services, as defined in Section
1614-1.08 of this Code, and must comply with any expenditure
17verification procedures adopted by the State Board of
18Education.
 
19(R) State Fiscal Year 2016 Payments.
20    For payments made for State fiscal year 2016, the State
21Board of Education shall, for each school district, calculate
22that district's pro rata share of a minimum sum of $1 or
23additional amounts as needed from the total net General State
24Aid funding as calculated under this Section that shall be

 

 

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1deemed attributable to the provision of special educational
2facilities and services, as defined in Section 14-1.08 of this
3Code, in a manner that ensures compliance with maintenance of
4State financial support requirements under the federal
5Individuals with Disabilities Education Act. Each school
6district must use such funds only for the provision of special
7educational facilities and services, as defined in Section
814-1.08 of this Code, and must comply with any expenditure
9verification procedures adopted by the State Board of
10Education.
11(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
12eff. 7-30-15.)
 
13    Section 5-40. The Board of Higher Education Act is amended
14by adding Section 9.35 as follows:
 
15    (110 ILCS 205/9.35 new)
16    Sec. 9.35. Assistance in financial emergencies.
17    (a) In this Section, "financial emergency" means a
18situation that requires a reduction or reallocation of staff
19and expenditures and the consequent reduction, reorganization,
20or termination of programs and activities that cannot be
21achieved through normal academic, administrative, budgetary,
22and personnel processes.
23    (b) In fiscal year 2017 the Board, in consultation with the
24Illinois Community College Board, shall conduct a review to

 

 

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1determine the existence of a financial emergency at a public
2institution of higher education that requires financial
3assistance from the Board, but only after the institution's
4governing board has formally requested the review by adopting a
5resolution stating that the institution is in a state of
6financial emergency that requires financial assistance from
7the Board. To be in a state of financial emergency, the
8institution must demonstrate that it is significantly
9diminishing all available resources and must satisfy any other
10factors determined appropriate by the Board. Subject to
11appropriation, payments shall be made to institutions in a
12state of financial emergency, in such amounts as shall be
13deemed necessary by the Board, in order to minimize, to the
14extent practicable, adverse impacts to students as a
15consequence of emergent staff or programmatic reductions.
 
16
ARTICLE 10. RETIREMENT CONTRIBUTIONS

 
17    Section 10-5. The State Finance Act is amended by changing
18Sections 8.12 and 14.1 as follows:
 
19    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
20    Sec. 8.12. State Pensions Fund.
21    (a) The moneys in the State Pensions Fund shall be used
22exclusively for the administration of the Uniform Disposition
23of Unclaimed Property Act and for the expenses incurred by the

 

 

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1Auditor General for administering the provisions of Section
22-8.1 of the Illinois State Auditing Act and for the funding of
3the unfunded liabilities of the designated retirement systems.
4Beginning in State fiscal year 2018 2017, payments to the
5designated retirement systems under this Section shall be in
6addition to, and not in lieu of, any State contributions
7required under the Illinois Pension Code.
8    "Designated retirement systems" means:
9        (1) the State Employees' Retirement System of
10    Illinois;
11        (2) the Teachers' Retirement System of the State of
12    Illinois;
13        (3) the State Universities Retirement System;
14        (4) the Judges Retirement System of Illinois; and
15        (5) the General Assembly Retirement System.
16    (b) Each year the General Assembly may make appropriations
17from the State Pensions Fund for the administration of the
18Uniform Disposition of Unclaimed Property Act.
19    Each month, the Commissioner of the Office of Banks and
20Real Estate shall certify to the State Treasurer the actual
21expenditures that the Office of Banks and Real Estate incurred
22conducting unclaimed property examinations under the Uniform
23Disposition of Unclaimed Property Act during the immediately
24preceding month. Within a reasonable time following the
25acceptance of such certification by the State Treasurer, the
26State Treasurer shall pay from its appropriation from the State

 

 

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1Pensions Fund to the Bank and Trust Company Fund, the Savings
2Bank Regulatory Fund, and the Residential Finance Regulatory
3Fund an amount equal to the expenditures incurred by each Fund
4for that month.
5    Each month, the Director of Financial Institutions shall
6certify to the State Treasurer the actual expenditures that the
7Department of Financial Institutions incurred conducting
8unclaimed property examinations under the Uniform Disposition
9of Unclaimed Property Act during the immediately preceding
10month. Within a reasonable time following the acceptance of
11such certification by the State Treasurer, the State Treasurer
12shall pay from its appropriation from the State Pensions Fund
13to the Financial Institution Fund and the Credit Union Fund an
14amount equal to the expenditures incurred by each Fund for that
15month.
16    (c) As soon as possible after the effective date of this
17amendatory Act of the 93rd General Assembly, the General
18Assembly shall appropriate from the State Pensions Fund (1) to
19the State Universities Retirement System the amount certified
20under Section 15-165 during the prior year, (2) to the Judges
21Retirement System of Illinois the amount certified under
22Section 18-140 during the prior year, and (3) to the General
23Assembly Retirement System the amount certified under Section
242-134 during the prior year as part of the required State
25contributions to each of those designated retirement systems;
26except that amounts appropriated under this subsection (c) in

 

 

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1State fiscal year 2005 shall not reduce the amount in the State
2Pensions Fund below $5,000,000. If the amount in the State
3Pensions Fund does not exceed the sum of the amounts certified
4in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
5the amount paid to each designated retirement system under this
6subsection shall be reduced in proportion to the amount
7certified by each of those designated retirement systems.
8    (c-5) For fiscal years 2006 through 2017 2016, the General
9Assembly shall appropriate from the State Pensions Fund to the
10State Universities Retirement System the amount estimated to be
11available during the fiscal year in the State Pensions Fund;
12provided, however, that the amounts appropriated under this
13subsection (c-5) shall not reduce the amount in the State
14Pensions Fund below $5,000,000.
15    (c-6) For fiscal year 2018 2017 and each fiscal year
16thereafter, as soon as may be practical after any money is
17deposited into the State Pensions Fund from the Unclaimed
18Property Trust Fund, the State Treasurer shall apportion the
19deposited amount among the designated retirement systems as
20defined in subsection (a) to reduce their actuarial reserve
21deficiencies. The State Comptroller and State Treasurer shall
22pay the apportioned amounts to the designated retirement
23systems to fund the unfunded liabilities of the designated
24retirement systems. The amount apportioned to each designated
25retirement system shall constitute a portion of the amount
26estimated to be available for appropriation from the State

 

 

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1Pensions Fund that is the same as that retirement system's
2portion of the total actual reserve deficiency of the systems,
3as determined annually by the Governor's Office of Management
4and Budget at the request of the State Treasurer. The amounts
5apportioned under this subsection shall not reduce the amount
6in the State Pensions Fund below $5,000,000.
7    (d) The Governor's Office of Management and Budget shall
8determine the individual and total reserve deficiencies of the
9designated retirement systems. For this purpose, the
10Governor's Office of Management and Budget shall utilize the
11latest available audit and actuarial reports of each of the
12retirement systems and the relevant reports and statistics of
13the Public Employee Pension Fund Division of the Department of
14Insurance.
15    (d-1) As soon as practicable after the effective date of
16this amendatory Act of the 93rd General Assembly, the
17Comptroller shall direct and the Treasurer shall transfer from
18the State Pensions Fund to the General Revenue Fund, as funds
19become available, a sum equal to the amounts that would have
20been paid from the State Pensions Fund to the Teachers'
21Retirement System of the State of Illinois, the State
22Universities Retirement System, the Judges Retirement System
23of Illinois, the General Assembly Retirement System, and the
24State Employees' Retirement System of Illinois after the
25effective date of this amendatory Act during the remainder of
26fiscal year 2004 to the designated retirement systems from the

 

 

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1appropriations provided for in this Section if the transfers
2provided in Section 6z-61 had not occurred. The transfers
3described in this subsection (d-1) are to partially repay the
4General Revenue Fund for the costs associated with the bonds
5used to fund the moneys transferred to the designated
6retirement systems under Section 6z-61.
7    (e) The changes to this Section made by this amendatory Act
8of 1994 shall first apply to distributions from the Fund for
9State fiscal year 1996.
10(Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
1198-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15;
1299-78, eff. 7-20-15.)
 
13    (30 ILCS 105/14.1)   (from Ch. 127, par. 150.1)
14    Sec. 14.1. Appropriations for State contributions to the
15State Employees' Retirement System; payroll requirements.
16    (a) Appropriations for State contributions to the State
17Employees' Retirement System of Illinois shall be expended in
18the manner provided in this Section. Except as otherwise
19provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
20time of each payment of salary to an employee under the
21personal services line item, payment shall be made to the State
22Employees' Retirement System, from the amount appropriated for
23State contributions to the State Employees' Retirement System,
24of an amount calculated at the rate certified for the
25applicable fiscal year by the Board of Trustees of the State

 

 

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1Employees' Retirement System under Section 14-135.08 of the
2Illinois Pension Code. If a line item appropriation to an
3employer for this purpose is exhausted or is unavailable due to
4any limitation on appropriations that may apply, (including,
5but not limited to, limitations on appropriations from the Road
6Fund under Section 8.3 of the State Finance Act), the amounts
7shall be paid under the continuing appropriation for this
8purpose contained in the State Pension Funds Continuing
9Appropriation Act.
10    (a-1) Beginning on the effective date of this amendatory
11Act of the 93rd General Assembly through the payment of the
12final payroll from fiscal year 2004 appropriations,
13appropriations for State contributions to the State Employees'
14Retirement System of Illinois shall be expended in the manner
15provided in this subsection (a-1). At the time of each payment
16of salary to an employee under the personal services line item
17from a fund other than the General Revenue Fund, payment shall
18be made for deposit into the General Revenue Fund from the
19amount appropriated for State contributions to the State
20Employees' Retirement System of an amount calculated at the
21rate certified for fiscal year 2004 by the Board of Trustees of
22the State Employees' Retirement System under Section 14-135.08
23of the Illinois Pension Code. This payment shall be made to the
24extent that a line item appropriation to an employer for this
25purpose is available or unexhausted. No payment from
26appropriations for State contributions shall be made in

 

 

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1conjunction with payment of salary to an employee under the
2personal services line item from the General Revenue Fund.
3    (a-2) For fiscal year 2010 only, at the time of each
4payment of salary to an employee under the personal services
5line item from a fund other than the General Revenue Fund,
6payment shall be made for deposit into the State Employees'
7Retirement System of Illinois from the amount appropriated for
8State contributions to the State Employees' Retirement System
9of Illinois of an amount calculated at the rate certified for
10fiscal year 2010 by the Board of Trustees of the State
11Employees' Retirement System of Illinois under Section
1214-135.08 of the Illinois Pension Code. This payment shall be
13made to the extent that a line item appropriation to an
14employer for this purpose is available or unexhausted. For
15fiscal year 2010 only, no payment from appropriations for State
16contributions shall be made in conjunction with payment of
17salary to an employee under the personal services line item
18from the General Revenue Fund.
19    (a-3) For fiscal year 2011 only, at the time of each
20payment of salary to an employee under the personal services
21line item from a fund other than the General Revenue Fund,
22payment shall be made for deposit into the State Employees'
23Retirement System of Illinois from the amount appropriated for
24State contributions to the State Employees' Retirement System
25of Illinois of an amount calculated at the rate certified for
26fiscal year 2011 by the Board of Trustees of the State

 

 

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1Employees' Retirement System of Illinois under Section
214-135.08 of the Illinois Pension Code. This payment shall be
3made to the extent that a line item appropriation to an
4employer for this purpose is available or unexhausted. For
5fiscal year 2011 only, no payment from appropriations for State
6contributions shall be made in conjunction with payment of
7salary to an employee under the personal services line item
8from the General Revenue Fund.
9    (a-4) In fiscal years 2012 through 2017 2016 only, at the
10time of each payment of salary to an employee under the
11personal services line item from a fund other than the General
12Revenue Fund, payment shall be made for deposit into the State
13Employees' Retirement System of Illinois from the amount
14appropriated for State contributions to the State Employees'
15Retirement System of Illinois of an amount calculated at the
16rate certified for the applicable fiscal year by the Board of
17Trustees of the State Employees' Retirement System of Illinois
18under Section 14-135.08 of the Illinois Pension Code. In fiscal
19years 2012 through 2017 2016 only, no payment from
20appropriations for State contributions shall be made in
21conjunction with payment of salary to an employee under the
22personal services line item from the General Revenue Fund.
23    (b) Except during the period beginning on the effective
24date of this amendatory Act of the 93rd General Assembly and
25ending at the time of the payment of the final payroll from
26fiscal year 2004 appropriations, the State Comptroller shall

 

 

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1not approve for payment any payroll voucher that (1) includes
2payments of salary to eligible employees in the State
3Employees' Retirement System of Illinois and (2) does not
4include the corresponding payment of State contributions to
5that retirement system at the full rate certified under Section
614-135.08 for that fiscal year for eligible employees, unless
7the balance in the fund on which the payroll voucher is drawn
8is insufficient to pay the total payroll voucher, or
9unavailable due to any limitation on appropriations that may
10apply, including, but not limited to, limitations on
11appropriations from the Road Fund under Section 8.3 of the
12State Finance Act. If the State Comptroller approves a payroll
13voucher under this Section for which the fund balance is
14insufficient to pay the full amount of the required State
15contribution to the State Employees' Retirement System, the
16Comptroller shall promptly so notify the Retirement System.
17    (b-1) For fiscal year 2010 and fiscal year 2011 only, the
18State Comptroller shall not approve for payment any non-General
19Revenue Fund payroll voucher that (1) includes payments of
20salary to eligible employees in the State Employees' Retirement
21System of Illinois and (2) does not include the corresponding
22payment of State contributions to that retirement system at the
23full rate certified under Section 14-135.08 for that fiscal
24year for eligible employees, unless the balance in the fund on
25which the payroll voucher is drawn is insufficient to pay the
26total payroll voucher, or unavailable due to any limitation on

 

 

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1appropriations that may apply, including, but not limited to,
2limitations on appropriations from the Road Fund under Section
38.3 of the State Finance Act. If the State Comptroller approves
4a payroll voucher under this Section for which the fund balance
5is insufficient to pay the full amount of the required State
6contribution to the State Employees' Retirement System of
7Illinois, the Comptroller shall promptly so notify the
8retirement system.
9    (c) Notwithstanding any other provisions of law, beginning
10July 1, 2007, required State and employee contributions to the
11State Employees' Retirement System of Illinois relating to
12affected legislative staff employees shall be paid out of
13moneys appropriated for that purpose to the Commission on
14Government Forecasting and Accountability, rather than out of
15the lump-sum appropriations otherwise made for the payroll and
16other costs of those employees.
17    These payments must be made pursuant to payroll vouchers
18submitted by the employing entity as part of the regular
19payroll voucher process.
20    For the purpose of this subsection, "affected legislative
21staff employees" means legislative staff employees paid out of
22lump-sum appropriations made to the General Assembly, an
23Officer of the General Assembly, or the Senate Operations
24Commission, but does not include district-office staff or
25employees of legislative support services agencies.
26(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,

 

 

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1eff. 7-9-15.)
 
2    Section 10-10. The Illinois Pension Code is amended by
3changing Section 14-131 as follows:
 
4    (40 ILCS 5/14-131)
5    Sec. 14-131. Contributions by State.
6    (a) The State shall make contributions to the System by
7appropriations of amounts which, together with other employer
8contributions from trust, federal, and other funds, employee
9contributions, investment income, and other income, will be
10sufficient to meet the cost of maintaining and administering
11the System on a 90% funded basis in accordance with actuarial
12recommendations.
13    For the purposes of this Section and Section 14-135.08,
14references to State contributions refer only to employer
15contributions and do not include employee contributions that
16are picked up or otherwise paid by the State or a department on
17behalf of the employee.
18    (b) The Board shall determine the total amount of State
19contributions required for each fiscal year on the basis of the
20actuarial tables and other assumptions adopted by the Board,
21using the formula in subsection (e).
22    The Board shall also determine a State contribution rate
23for each fiscal year, expressed as a percentage of payroll,
24based on the total required State contribution for that fiscal

 

 

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1year (less the amount received by the System from
2appropriations under Section 8.12 of the State Finance Act and
3Section 1 of the State Pension Funds Continuing Appropriation
4Act, if any, for the fiscal year ending on the June 30
5immediately preceding the applicable November 15 certification
6deadline), the estimated payroll (including all forms of
7compensation) for personal services rendered by eligible
8employees, and the recommendations of the actuary.
9    For the purposes of this Section and Section 14.1 of the
10State Finance Act, the term "eligible employees" includes
11employees who participate in the System, persons who may elect
12to participate in the System but have not so elected, persons
13who are serving a qualifying period that is required for
14participation, and annuitants employed by a department as
15described in subdivision (a)(1) or (a)(2) of Section 14-111.
16    (c) Contributions shall be made by the several departments
17for each pay period by warrants drawn by the State Comptroller
18against their respective funds or appropriations based upon
19vouchers stating the amount to be so contributed. These amounts
20shall be based on the full rate certified by the Board under
21Section 14-135.08 for that fiscal year. From the effective date
22of this amendatory Act of the 93rd General Assembly through the
23payment of the final payroll from fiscal year 2004
24appropriations, the several departments shall not make
25contributions for the remainder of fiscal year 2004 but shall
26instead make payments as required under subsection (a-1) of

 

 

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1Section 14.1 of the State Finance Act. The several departments
2shall resume those contributions at the commencement of fiscal
3year 2005.
4    (c-1) Notwithstanding subsection (c) of this Section, for
5fiscal years 2010, 2012, 2013, 2014, 2015, and 2016, and 2017
6only, contributions by the several departments are not required
7to be made for General Revenue Funds payrolls processed by the
8Comptroller. Payrolls paid by the several departments from all
9other State funds must continue to be processed pursuant to
10subsection (c) of this Section.
11    (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
12and 2016, and 2017 only, on or as soon as possible after the
1315th day of each month, the Board shall submit vouchers for
14payment of State contributions to the System, in a total
15monthly amount of one-twelfth of the fiscal year General
16Revenue Fund contribution as certified by the System pursuant
17to Section 14-135.08 of the Illinois Pension Code.
18    (d) If an employee is paid from trust funds or federal
19funds, the department or other employer shall pay employer
20contributions from those funds to the System at the certified
21rate, unless the terms of the trust or the federal-State
22agreement preclude the use of the funds for that purpose, in
23which case the required employer contributions shall be paid by
24the State. From the effective date of this amendatory Act of
25the 93rd General Assembly through the payment of the final
26payroll from fiscal year 2004 appropriations, the department or

 

 

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1other employer shall not pay contributions for the remainder of
2fiscal year 2004 but shall instead make payments as required
3under subsection (a-1) of Section 14.1 of the State Finance
4Act. The department or other employer shall resume payment of
5contributions at the commencement of fiscal year 2005.
6    (e) For State fiscal years 2012 through 2045, the minimum
7contribution to the System to be made by the State for each
8fiscal year shall be an amount determined by the System to be
9sufficient to bring the total assets of the System up to 90% of
10the total actuarial liabilities of the System by the end of
11State fiscal year 2045. In making these determinations, the
12required State contribution shall be calculated each year as a
13level percentage of payroll over the years remaining to and
14including fiscal year 2045 and shall be determined under the
15projected unit credit actuarial cost method.
16    For State fiscal years 1996 through 2005, the State
17contribution to the System, as a percentage of the applicable
18employee payroll, shall be increased in equal annual increments
19so that by State fiscal year 2011, the State is contributing at
20the rate required under this Section; except that (i) for State
21fiscal year 1998, for all purposes of this Code and any other
22law of this State, the certified percentage of the applicable
23employee payroll shall be 5.052% for employees earning eligible
24creditable service under Section 14-110 and 6.500% for all
25other employees, notwithstanding any contrary certification
26made under Section 14-135.08 before the effective date of this

 

 

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1amendatory Act of 1997, and (ii) in the following specified
2State fiscal years, the State contribution to the System shall
3not be less than the following indicated percentages of the
4applicable employee payroll, even if the indicated percentage
5will produce a State contribution in excess of the amount
6otherwise required under this subsection and subsection (a):
79.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
82002; 10.6% in FY 2003; and 10.8% in FY 2004.
9    Notwithstanding any other provision of this Article, the
10total required State contribution to the System for State
11fiscal year 2006 is $203,783,900.
12    Notwithstanding any other provision of this Article, the
13total required State contribution to the System for State
14fiscal year 2007 is $344,164,400.
15    For each of State fiscal years 2008 through 2009, the State
16contribution to the System, as a percentage of the applicable
17employee payroll, shall be increased in equal annual increments
18from the required State contribution for State fiscal year
192007, so that by State fiscal year 2011, the State is
20contributing at the rate otherwise required under this Section.
21    Notwithstanding any other provision of this Article, the
22total required State General Revenue Fund contribution for
23State fiscal year 2010 is $723,703,100 and shall be made from
24the proceeds of bonds sold in fiscal year 2010 pursuant to
25Section 7.2 of the General Obligation Bond Act, less (i) the
26pro rata share of bond sale expenses determined by the System's

 

 

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1share of total bond proceeds, (ii) any amounts received from
2the General Revenue Fund in fiscal year 2010, and (iii) any
3reduction in bond proceeds due to the issuance of discounted
4bonds, if applicable.
5    Notwithstanding any other provision of this Article, the
6total required State General Revenue Fund contribution for
7State fiscal year 2011 is the amount recertified by the System
8on or before April 1, 2011 pursuant to Section 14-135.08 and
9shall be made from the proceeds of bonds sold in fiscal year
102011 pursuant to Section 7.2 of the General Obligation Bond
11Act, less (i) the pro rata share of bond sale expenses
12determined by the System's share of total bond proceeds, (ii)
13any amounts received from the General Revenue Fund in fiscal
14year 2011, and (iii) any reduction in bond proceeds due to the
15issuance of discounted bonds, if applicable.
16    Beginning in State fiscal year 2046, the minimum State
17contribution for each fiscal year shall be the amount needed to
18maintain the total assets of the System at 90% of the total
19actuarial liabilities of the System.
20    Amounts received by the System pursuant to Section 25 of
21the Budget Stabilization Act or Section 8.12 of the State
22Finance Act in any fiscal year do not reduce and do not
23constitute payment of any portion of the minimum State
24contribution required under this Article in that fiscal year.
25Such amounts shall not reduce, and shall not be included in the
26calculation of, the required State contributions under this

 

 

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1Article in any future year until the System has reached a
2funding ratio of at least 90%. A reference in this Article to
3the "required State contribution" or any substantially similar
4term does not include or apply to any amounts payable to the
5System under Section 25 of the Budget Stabilization Act.
6    Notwithstanding any other provision of this Section, the
7required State contribution for State fiscal year 2005 and for
8fiscal year 2008 and each fiscal year thereafter, as calculated
9under this Section and certified under Section 14-135.08, shall
10not exceed an amount equal to (i) the amount of the required
11State contribution that would have been calculated under this
12Section for that fiscal year if the System had not received any
13payments under subsection (d) of Section 7.2 of the General
14Obligation Bond Act, minus (ii) the portion of the State's
15total debt service payments for that fiscal year on the bonds
16issued in fiscal year 2003 for the purposes of that Section
177.2, as determined and certified by the Comptroller, that is
18the same as the System's portion of the total moneys
19distributed under subsection (d) of Section 7.2 of the General
20Obligation Bond Act. In determining this maximum for State
21fiscal years 2008 through 2010, however, the amount referred to
22in item (i) shall be increased, as a percentage of the
23applicable employee payroll, in equal increments calculated
24from the sum of the required State contribution for State
25fiscal year 2007 plus the applicable portion of the State's
26total debt service payments for fiscal year 2007 on the bonds

 

 

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1issued in fiscal year 2003 for the purposes of Section 7.2 of
2the General Obligation Bond Act, so that, by State fiscal year
32011, the State is contributing at the rate otherwise required
4under this Section.
5    (f) After the submission of all payments for eligible
6employees from personal services line items in fiscal year 2004
7have been made, the Comptroller shall provide to the System a
8certification of the sum of all fiscal year 2004 expenditures
9for personal services that would have been covered by payments
10to the System under this Section if the provisions of this
11amendatory Act of the 93rd General Assembly had not been
12enacted. Upon receipt of the certification, the System shall
13determine the amount due to the System based on the full rate
14certified by the Board under Section 14-135.08 for fiscal year
152004 in order to meet the State's obligation under this
16Section. The System shall compare this amount due to the amount
17received by the System in fiscal year 2004 through payments
18under this Section and under Section 6z-61 of the State Finance
19Act. If the amount due is more than the amount received, the
20difference shall be termed the "Fiscal Year 2004 Shortfall" for
21purposes of this Section, and the Fiscal Year 2004 Shortfall
22shall be satisfied under Section 1.2 of the State Pension Funds
23Continuing Appropriation Act. If the amount due is less than
24the amount received, the difference shall be termed the "Fiscal
25Year 2004 Overpayment" for purposes of this Section, and the
26Fiscal Year 2004 Overpayment shall be repaid by the System to

 

 

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1the Pension Contribution Fund as soon as practicable after the
2certification.
3    (g) 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    (h) 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    (i) After the submission of all payments for eligible
19employees from personal services line items paid from the
20General Revenue Fund in fiscal year 2010 have been made, the
21Comptroller shall provide to the System a certification of the
22sum of all fiscal year 2010 expenditures for personal services
23that would have been covered by payments to the System under
24this Section if the provisions of this amendatory Act of the
2596th General Assembly had not been enacted. 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 fiscal year 2010 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 in fiscal
5year 2010 through payments under this Section. If the amount
6due is more than the amount received, the difference shall be
7termed the "Fiscal Year 2010 Shortfall" for purposes of this
8Section, and the Fiscal Year 2010 Shortfall shall be satisfied
9under Section 1.2 of the State Pension Funds Continuing
10Appropriation Act. If the amount due is less than the amount
11received, the difference shall be termed the "Fiscal Year 2010
12Overpayment" for purposes of this Section, and the Fiscal Year
132010 Overpayment shall be repaid by the System to the General
14Revenue Fund as soon as practicable after the certification.
15    (j) After the submission of all payments for eligible
16employees from personal services line items paid from the
17General Revenue Fund in fiscal year 2011 have been made, the
18Comptroller shall provide to the System a certification of the
19sum of all fiscal year 2011 expenditures for personal services
20that would have been covered by payments to the System under
21this Section if the provisions of this amendatory Act of the
2296th General Assembly had not been enacted. Upon receipt of the
23certification, the System shall determine the amount due to the
24System based on the full rate certified by the Board under
25Section 14-135.08 for fiscal year 2011 in order to meet the
26State's obligation under this Section. The System shall compare

 

 

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1this amount due to the amount received by the System in fiscal
2year 2011 through payments under this Section. If the amount
3due is more than the amount received, the difference shall be
4termed the "Fiscal Year 2011 Shortfall" for purposes of this
5Section, and the Fiscal Year 2011 Shortfall shall be satisfied
6under Section 1.2 of the State Pension Funds Continuing
7Appropriation Act. If the amount due is less than the amount
8received, the difference shall be termed the "Fiscal Year 2011
9Overpayment" for purposes of this Section, and the Fiscal Year
102011 Overpayment shall be repaid by the System to the General
11Revenue Fund as soon as practicable after the certification.
12    (k) For fiscal years 2012 through 2017 2016 only, after the
13submission of all payments for eligible employees from personal
14services line items paid from the General Revenue Fund in the
15fiscal year have been made, the Comptroller shall provide to
16the System a certification of the sum of all expenditures in
17the fiscal year for personal services. Upon receipt of the
18certification, the System shall determine the amount due to the
19System based on the full rate certified by the Board under
20Section 14-135.08 for the fiscal year in order to meet the
21State's obligation under this Section. The System shall compare
22this amount due to the amount received by the System for the
23fiscal year. If the amount due is more than the amount
24received, the difference shall be termed the "Prior Fiscal Year
25Shortfall" for purposes of this Section, and the Prior Fiscal
26Year Shortfall shall be satisfied under Section 1.2 of the

 

 

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1State Pension Funds Continuing Appropriation Act. If the amount
2due is less than the amount received, the difference shall be
3termed the "Prior Fiscal Year Overpayment" for purposes of this
4Section, and the Prior Fiscal Year Overpayment shall be repaid
5by the System to the General Revenue Fund as soon as
6practicable after the certification.
7(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
8eff. 7-9-15.)
 
9    Section 10-15. The State Pension Funds Continuing
10Appropriation Act is amended by changing Section 1.2 as
11follows:
 
12    (40 ILCS 15/1.2)
13    Sec. 1.2. Appropriations for the State Employees'
14Retirement System.
15    (a) From each fund from which an amount is appropriated for
16personal services to a department or other employer under
17Article 14 of the Illinois Pension Code, there is hereby
18appropriated to that department or other employer, on a
19continuing annual basis for each State fiscal year, an
20additional amount equal to the amount, if any, by which (1) an
21amount equal to the percentage of the personal services line
22item for that department or employer from that fund for that
23fiscal year that the Board of Trustees of the State Employees'
24Retirement System of Illinois has certified under Section

 

 

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114-135.08 of the Illinois Pension Code to be necessary to meet
2the State's obligation under Section 14-131 of the Illinois
3Pension Code for that fiscal year, exceeds (2) the amounts
4otherwise appropriated to that department or employer from that
5fund for State contributions to the State Employees' Retirement
6System for that fiscal year. From the effective date of this
7amendatory Act of the 93rd General Assembly through the final
8payment from a department or employer's personal services line
9item for fiscal year 2004, payments to the State Employees'
10Retirement System that otherwise would have been made under
11this subsection (a) shall be governed by the provisions in
12subsection (a-1).
13    (a-1) If a Fiscal Year 2004 Shortfall is certified under
14subsection (f) of Section 14-131 of the Illinois Pension Code,
15there is hereby appropriated to the State Employees' Retirement
16System of Illinois on a continuing basis from the General
17Revenue Fund an additional aggregate amount equal to the Fiscal
18Year 2004 Shortfall.
19    (a-2) If a Fiscal Year 2010 Shortfall is certified under
20subsection (i) of Section 14-131 of the Illinois Pension Code,
21there is hereby appropriated to the State Employees' Retirement
22System of Illinois on a continuing basis from the General
23Revenue Fund an additional aggregate amount equal to the Fiscal
24Year 2010 Shortfall.
25    (a-3) If a Fiscal Year 2016 Shortfall is certified under
26subsection (k) of Section 14-131 of the Illinois Pension Code,

 

 

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1there is hereby appropriated to the State Employees' Retirement
2System of Illinois on a continuing basis from the General
3Revenue Fund an additional aggregate amount equal to the Fiscal
4Year 2016 Shortfall.
5    (b) The continuing appropriations provided for by this
6Section shall first be available in State fiscal year 1996.
7    (c) Beginning in Fiscal Year 2005, any continuing
8appropriation under this Section arising out of an
9appropriation for personal services from the Road Fund to the
10Department of State Police or the Secretary of State shall be
11payable from the General Revenue Fund rather than the Road
12Fund.
13    (d) For State fiscal year 2010 only, a continuing
14appropriation is provided to the State Employees' Retirement
15System equal to the amount certified by the System on or before
16December 31, 2008, less the gross proceeds of the bonds sold in
17fiscal year 2010 under the authorization contained in
18subsection (a) of Section 7.2 of the General Obligation Bond
19Act.
20    (e) For State fiscal year 2011 only, the continuing
21appropriation under this Section provided to the State
22Employees' Retirement System is limited to an amount equal to
23the amount certified by the System on or before December 31,
242009, less any amounts received pursuant to subsection (a-3) of
25Section 14.1 of the State Finance Act.
26    (f) For State fiscal year 2011 only, a continuing

 

 

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1appropriation is provided to the State Employees' Retirement
2System equal to the amount certified by the System on or before
3April 1, 2011, less the gross proceeds of the bonds sold in
4fiscal year 2011 under the authorization contained in
5subsection (a) of Section 7.2 of the General Obligation Bond
6Act.
7(Source: P.A. 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
 
8    Section 10-20. The Uniform Disposition of Unclaimed
9Property Act is amended by changing Section 18 as follows:
 
10    (765 ILCS 1025/18)  (from Ch. 141, par. 118)
11    Sec. 18. Deposit of funds received under the Act.
12    (a) The State Treasurer shall retain all funds received
13under this Act, including the proceeds from the sale of
14abandoned property under Section 17, in a trust fund known as
15the Unclaimed Property Trust Fund. The State Treasurer may
16deposit any amount in the Unclaimed Property Trust Fund into
17the State Pensions Fund during the fiscal year at his or her
18discretion; however, he or she shall, on April 15 and October
1915 of each year, deposit any amount in the Unclaimed Property
20Trust Fund trust fund exceeding $2,500,000 into the State
21Pensions Fund. If on either April 15 or October 15, the State
22Treasurer determines that a balance of $2,500,000 is
23insufficient for the prompt payment of unclaimed property
24claims authorized under this Act, the Treasurer may retain more

 

 

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1than $2,500,000 in the Unclaimed Property Trust Fund in order
2to ensure the prompt payment of claims. Beginning in State
3fiscal year 2018 2017, all amounts that are deposited into the
4State Pensions Fund from the Unclaimed Property Trust Fund
5shall be apportioned to the designated retirement systems as
6provided in subsection (c-6) of Section 8.12 of the State
7Finance Act to reduce their actuarial reserve deficiencies. He
8or she shall make prompt payment of claims he or she duly
9allows as provided for in this Act for the Unclaimed Property
10Trust Fund trust fund. Before making the deposit the State
11Treasurer shall record the name and last known address of each
12person appearing from the holders' reports to be entitled to
13the abandoned property. The record shall be available for
14public inspection during reasonable business hours.
15    (b) Before making any deposit to the credit of the State
16Pensions Fund, the State Treasurer may deduct: (1) any costs in
17connection with sale of abandoned property, (2) any costs of
18mailing and publication in connection with any abandoned
19property, and (3) any costs in connection with the maintenance
20of records or disposition of claims made pursuant to this Act.
21The State Treasurer shall semiannually file an itemized report
22of all such expenses with the Legislative Audit Commission.
23(Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674,
24eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15.)
 
25
ARTICLE 20. GRANT ACCOUNTABILITY AND TRANSPARENCY ACT

 

 

 

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1    Section 20-5. The State Finance Act is amended by adding
2Section 6z-101 as follows:
 
3    (30 ILCS 105/6z-101 new)
4    Sec. 6z-101. The Grant Accountability and Transparency
5Fund.
6    (a) The Grant Accountability and Transparency Fund is
7hereby created in the State Treasury. The following moneys
8shall be deposited into the Fund:
9        (1) grants, awards, appropriations, cost sharings,
10    inter-fund transfers, gifts, and bequests from any source,
11    public or private, in support of activities authorized
12    under the Grant Accountability and Transparency Act;
13        (2) federal funds received as a result of cost
14    allocation or indirect cost reimbursements;
15        (3) interest earned on moneys in the Fund; and
16        (4) receipts or inter-fund transfers resulting from
17    billings issued by the Governor's Office of Management and
18    Budget to State agencies for the costs of services rendered
19    pursuant to the Grant Accountability and Transparency Act.
20    (b) State agencies may direct the Comptroller to process
21inter-fund transfers or make payment through the voucher and
22warrant process to the Grant Accountability and Transparency
23Fund in satisfaction of billings issued under subsection (a).
24    (c) Moneys in the Grant Accountability and Transparency

 

 

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1Fund may be used by the Governor's Office of Management and
2Budget for costs in support of the implementation and
3administration of the Grant Accountability and Transparency
4Act and Budgeting for Results.
5    (d) The Governor's Office of Management and Budget may
6require reports from State agencies as deemed necessary to
7perform cost allocation reconciliations in connection with
8services provided and expenses incurred in the administration
9of the Grant Accountability and Transparency Act. In the event
10that, in any fiscal year, the payments or inter-fund transfers
11are in excess of the costs of services provided in that fiscal
12year, the Governor's Office of Management and Budget may use
13one or a combination of the following methods to return excess
14funds:
15        (1) order that the amounts owed by the State agency in
16    the following fiscal year be offset against such excess
17    amount;
18        (2) direct the Comptroller to process an inter-fund
19    transfer; or
20        (3) make a refund payment.
 
21    Section 20-10. The Grant Accountability and Transparency
22Act is amended by changing Sections 20, 25, 55, 85, 90, and 100
23as follows:
 
24    (30 ILCS 708/20)

 

 

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1    (Section scheduled to be repealed on July 16, 2019)
2    Sec. 20. Adoption of federal rules applicable to grants.
3    (a) On or before July 1, 2016 2015, the Governor's Office
4of Management and Budget, with the advice and technical
5assistance of the Illinois Single Audit Commission, shall adopt
6rules which adopt the Uniform Guidance at 2 CFR 200. The rules,
7which shall apply to all State and federal pass-through awards
8effective on and after July 1, 2016 2015, shall include the
9following:
10        (1) Administrative requirements. In accordance with
11    Subparts B through D of 2 CFR 200, the rules shall set
12    forth the uniform administrative requirements for grant
13    and cooperative agreements, including the requirements for
14    the management by State awarding agencies of federal grant
15    programs before State and federal pass-through awards have
16    been made and requirements that State awarding agencies may
17    impose on non-federal entities in State and federal
18    pass-through awards.
19        (2) Cost principles. In accordance with Subpart E of 2
20    CFR 200, the rules shall establish principles for
21    determining the allowable costs incurred by non-federal
22    entities under State and federal pass-through awards. The
23    principles are intended for cost determination, but are not
24    intended to identify the circumstances or dictate the
25    extent of State or federal pass-through participation in
26    financing a particular program or project. The principles

 

 

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1    shall provide that State and federal awards bear their fair
2    share of cost recognized under these principles, except
3    where restricted or prohibited by State or federal law.
4        (3) Audit and single audit requirements and audit
5    follow-up. In accordance with Subpart F of 2 CFR 200 and
6    the federal Single Audit Act Amendments of 1996, the rules
7    shall set forth standards to obtain consistency and
8    uniformity among State and federal pass-through awarding
9    agencies for the audit of non-federal entities expending
10    State and federal awards. These provisions shall also set
11    forth the policies and procedures for State and federal
12    pass-through entities when using the results of these
13    audits.
14        The provisions of this item (3) do not apply to
15    for-profit subrecipients because for-profit subrecipients
16    are not subject to the requirements of OMB Circular A-133,
17    Audits of States, Local and Non-Profit Organizations.
18    Audits of for-profit subrecipients must be conducted
19    pursuant to a Program Audit Guide issued by the Federal
20    awarding agency. If a Program Audit Guide is not available,
21    the State awarding agency must prepare a Program Audit
22    Guide in accordance with the OMB Circular A-133 Compliance
23    Supplement. For-profit entities are subject to all other
24    general administrative requirements and cost principles
25    applicable to grants.
26    (b) This Act addresses only State and federal pass-through

 

 

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1auditing functions and does not address the external audit
2function of the Auditor General.
3    (c) For public institutions of higher education, the
4provisions of this Section apply only to awards funded by State
5appropriations and federal pass-through awards from a State
6agency to public institutions of higher education. Federal
7pass-through awards from a State agency to public institutions
8of higher education are governed by and must comply with
9federal guidelines under 2 CFR 200.
10    (d) The State grant-making agency is responsible for
11establishing requirements, as necessary, to ensure compliance
12by for-profit subrecipients. The agreement with the for-profit
13subrecipient shall describe the applicable compliance
14requirements and the for-profit subrecipient's compliance
15responsibility. Methods to ensure compliance for State and
16federal pass-through awards made to for-profit subrecipients
17shall include pre-award, audits, monitoring during the
18agreement, and post-award audits. The Governor's Office of
19Management and Budget shall provide such advice and technical
20assistance to the State grant-making agency as is necessary or
21indicated.
22(Source: P.A. 98-706, eff. 7-16-14.)
 
23    (30 ILCS 708/25)
24    (Section scheduled to be repealed on July 16, 2019)
25    Sec. 25. Supplemental rules. On or before July 1, 2017

 

 

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12015, the Governor's Office of Management and Budget, with the
2advice and technical assistance of the Illinois Single Audit
3Commission, shall adopt supplemental rules pertaining to the
4following:
5        (1) Criteria to define mandatory formula-based grants
6    and discretionary grants.
7        (2) The award of one-year grants for new applicants.
8        (3) The award of competitive grants in 3-year terms
9    (one-year initial terms with the option to renew for up to
10    2 additional years) to coincide with the federal award.
11        (4) The issuance of grants, including:
12            (A) public notice of announcements of funding
13        opportunities;
14            (B) the development of uniform grant applications;
15            (C) State agency review of merit of proposals and
16        risk posed by applicants;
17            (D) specific conditions for individual recipients
18        (requiring the use of a fiscal agent and additional
19        corrective conditions);
20            (E) certifications and representations;
21            (F) pre-award costs;
22            (G) performance measures and statewide prioritized
23        goals under Section 50-25 of the State Budget Law of
24        the Civil Administrative Code of Illinois, commonly
25        referred to as "Budgeting for Results"; and
26            (H) for mandatory formula grants, the merit of the

 

 

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1        proposal and the risk posed should result in additional
2        reporting, monitoring, or measures such as
3        reimbursement-basis only.
4        (5) The development of uniform budget requirements,
5    which shall include:
6            (A) mandatory submission of budgets as part of the
7        grant application process;
8            (B) mandatory requirements regarding contents of
9        the budget including, at a minimum, common detail line
10        items specified under guidelines issued by the
11        Governor's Office of Management and Budget;
12            (C) a requirement that the budget allow
13        flexibility to add lines describing costs that are
14        common for the services provided as outlined in the
15        grant application;
16            (D) a requirement that the budget include
17        information necessary for analyzing cost and
18        performance for use in the Budgeting for Results
19        initiative; and
20            (E) caps on the amount of salaries that may be
21        charged to grants based on the limitations imposed by
22        federal agencies.
23        (6) The development of pre-qualification requirements
24    for applicants, including the fiscal condition of the
25    organization and the provision of the following
26    information:

 

 

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1            (A) organization name;
2            (B) Federal Employee Identification Number;
3            (C) Data Universal Numbering System (DUNS) number;
4            (D) fiscal condition;
5            (E) whether the applicant is in good standing with
6        the Secretary of State;
7            (F) past performance in administering grants;
8            (G) whether the applicant is or has ever been on
9        the Debarred and Suspended List maintained by the
10        Governor's Office of Management and Budget;
11            (H) whether the applicant is or has ever been on
12        the federal Excluded Parties List; and
13            (I) whether the applicant is or has ever been on
14        the Sanctioned Party List maintained by the Illinois
15        Department of Healthcare and Family Services.
16    Nothing in this Act affects the provisions of the Fiscal
17Control and Internal Auditing Act nor the requirement that the
18management of each State agency is responsible for maintaining
19effective internal controls under that Act.
20    For public institutions of higher education, the
21provisions of this Section apply only to awards funded by State
22appropriations and federal pass-through awards from a State
23agency to public institutions of higher education.
24(Source: P.A. 98-706, eff. 7-16-14.)
 
25    (30 ILCS 708/55)

 

 

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1    (Section scheduled to be repealed on July 16, 2019)
2    Sec. 55. The Governor's Office of Management and Budget
3responsibilities.
4    (a) The Governor's Office of Management and Budget shall:
5        (1) provide technical assistance and interpretations
6    of policy requirements in order to ensure effective and
7    efficient implementation of this Act by State grant-making
8    agencies; and
9        (2) have authority to approve any exceptions to the
10    requirements of this Act and shall adopt rules governing
11    the criteria to be considered when an exception is
12    requested; exceptions shall only be made in particular
13    cases where adequate justification is presented.
14    (b) The Governor's Office of Management and Budget shall,
15on or before July 1, 2016 2014, establish a centralized unit
16within the Governor's Office of Management and Budget. The
17centralized unit shall be known as the Grant Accountability and
18Transparency Unit and shall be funded with a portion of the
19administrative funds provided under existing and future State
20and federal pass-through grants. The amounts charged will be
21allocated based on the actual cost of the services provided to
22State grant-making agencies and public institutions of higher
23education in accordance with the applicable federal cost
24principles contained in 2 CFR 200 and this Act will not cause
25the reduction in the amount of any State or federal grant
26awards that have been or will be directed towards State

 

 

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1agencies or public institutions of higher education.
2(Source: P.A. 98-706, eff. 7-16-14.)
 
3    (30 ILCS 708/85)
4    (Section scheduled to be repealed on July 16, 2019)
5    Sec. 85. Implementation date. The Governor's Office of
6Management and Budget shall adopt all rules required under this
7Act on or before July 1, 2017 2015.
8(Source: P.A. 98-706, eff. 7-16-14.)
 
9    (30 ILCS 708/90)
10    (Section scheduled to be repealed on July 16, 2019)
11    Sec. 90. Agency implementation. All State grant-making
12agencies shall implement the rules issued by the Governor's
13Office of Management and Budget on or before July 1, 2017 2015.
14The standards set forth in this Act, which affect
15administration of State and federal pass-through awards issued
16by State grant-making agencies, become effective once
17implemented by State grant-making agencies. State grant-making
18agencies shall implement the policies and procedures
19applicable to State and federal pass-through awards by adopting
20rules for non-federal entities by December 31, 2017 that shall
21take effect for fiscal years on and after December 26, 2014,
22unless different provisions are required by State or federal
23statute or federal rule.
24(Source: P.A. 98-706, eff. 7-16-14.)
 

 

 

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1    (30 ILCS 708/100)
2    (Section scheduled to be repealed on July 16, 2019)
3    Sec. 100. Repeal. This Act is repealed on July 16, 2020 5
4years after the effective date of this Act.
5(Source: P.A. 98-706, eff. 7-16-14.)
 
6
ARTICLE 25. REFUNDING BONDS

 
7    Section 25-5. The General Obligation Bond Act is amended by
8changing Sections 2.5, 9, 11, and 16 as follows:
 
9    (30 ILCS 330/2.5)
10    Sec. 2.5. Limitation on issuance of Bonds.
11    (a) Except as provided in subsection (b), no Bonds may be
12issued if, after the issuance, in the next State fiscal year
13after the issuance of the Bonds, the amount of debt service
14(including principal, whether payable at maturity or pursuant
15to mandatory sinking fund installments, and interest) on all
16then-outstanding Bonds, other than Bonds authorized by Public
17Act 96-43 and other than Bonds authorized by Public Act 96-1497
18this amendatory Act of the 96th General Assembly, would exceed
197% of the aggregate appropriations from the general funds
20(which consist of the General Revenue Fund, the Common School
21Fund, the General Revenue Common School Special Account Fund,
22and the Education Assistance Fund) and the Road Fund for the

 

 

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1fiscal year immediately prior to the fiscal year of the
2issuance.
3    (b) If the Comptroller and Treasurer each consent in
4writing, Bonds may be issued even if the issuance does not
5comply with subsection (a). In addition, $2,000,000,000 in
6Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
7and $2,000,000,000 in Refunding Bonds under Section 16, may be
8issued during State fiscal year 2017 without complying with
9subsection (a).
10(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11.)
 
11    (30 ILCS 330/9)  (from Ch. 127, par. 659)
12    Sec. 9. Conditions for Issuance and Sale of Bonds -
13Requirements for Bonds.
14    (a) Except as otherwise provided in this subsection, Bonds
15shall be issued and sold from time to time, in one or more
16series, in such amounts and at such prices as may be directed
17by the Governor, upon recommendation by the Director of the
18Governor's Office of Management and Budget. Bonds shall be in
19such form (either coupon, registered or book entry), in such
20denominations, payable within 25 years from their date, subject
21to such terms of redemption with or without premium, bear
22interest payable at such times and at such fixed or variable
23rate or rates, and be dated as shall be fixed and determined by
24the Director of the Governor's Office of Management and Budget
25in the order authorizing the issuance and sale of any series of

 

 

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1Bonds, which order shall be approved by the Governor and is
2herein called a "Bond Sale Order"; provided however, that
3interest payable at fixed or variable rates shall not exceed
4that permitted in the Bond Authorization Act, as now or
5hereafter amended. Bonds shall be payable at such place or
6places, within or without the State of Illinois, and may be
7made registrable as to either principal or as to both principal
8and interest, as shall be specified in the Bond Sale Order.
9Bonds may be callable or subject to purchase and retirement or
10tender and remarketing as fixed and determined in the Bond Sale
11Order. Bonds, other than Bonds issued under Section 3 of this
12Act for the costs associated with the purchase and
13implementation of information technology, (i) except for
14refunding Bonds satisfying the requirements of Section 16 of
15this Act and sold during fiscal year 2009, 2010, or 2011, or
162017 must be issued with principal or mandatory redemption
17amounts in equal amounts, with the first maturity issued
18occurring within the fiscal year in which the Bonds are issued
19or within the next succeeding fiscal year and (ii) must mature
20or be subject to mandatory redemption each fiscal year
21thereafter up to 25 years, except for refunding Bonds
22satisfying the requirements of Section 16 of this Act and sold
23during fiscal year 2009, 2010, or 2011 which must mature or be
24subject to mandatory redemption each fiscal year thereafter up
25to 16 years. Bonds issued under Section 3 of this Act for the
26costs associated with the purchase and implementation of

 

 

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1information technology must be issued with principal or
2mandatory redemption amounts in equal amounts, with the first
3maturity issued occurring with the fiscal year in which the
4respective bonds are issued or with the next succeeding fiscal
5year, with the respective bonds issued maturing or subject to
6mandatory redemption each fiscal year thereafter up to 10
7years. Notwithstanding any provision of this Act to the
8contrary, the Bonds authorized by Public Act 96-43 shall be
9payable within 5 years from their date and must be issued with
10principal or mandatory redemption amounts in equal amounts,
11with payment of principal or mandatory redemption beginning in
12the first fiscal year following the fiscal year in which the
13Bonds are issued.
14    Notwithstanding any provision of this Act to the contrary,
15the Bonds authorized by Public Act 96-1497 shall be payable
16within 8 years from their date and shall be issued with payment
17of maturing principal or scheduled mandatory redemptions in
18accordance with the following schedule, except the following
19amounts shall be prorated if less than the total additional
20amount of Bonds authorized by Public Act 96-1497 are issued:
21    Fiscal Year After Issuance    Amount
22        1-2                        $0 
23        3                          $110,712,120
24        4                          $332,136,360
25        5                          $664,272,720
26        6-8                        $996,409,080

 

 

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1    In the case of any series of Bonds bearing interest at a
2variable interest rate ("Variable Rate Bonds"), in lieu of
3determining the rate or rates at which such series of Variable
4Rate Bonds shall bear interest and the price or prices at which
5such Variable Rate Bonds shall be initially sold or remarketed
6(in the event of purchase and subsequent resale), the Bond Sale
7Order may provide that such interest rates and prices may vary
8from time to time depending on criteria established in such
9Bond Sale Order, which criteria may include, without
10limitation, references to indices or variations in interest
11rates as may, in the judgment of a remarketing agent, be
12necessary to cause Variable Rate Bonds of such series to be
13remarketable from time to time at a price equal to their
14principal amount, and may provide for appointment of a bank,
15trust company, investment bank, or other financial institution
16to serve as remarketing agent in that connection. The Bond Sale
17Order may provide that alternative interest rates or provisions
18for establishing alternative interest rates, different
19security or claim priorities, or different call or amortization
20provisions will apply during such times as Variable Rate Bonds
21of any series are held by a person providing credit or
22liquidity enhancement arrangements for such Bonds as
23authorized in subsection (b) of this Section. The Bond Sale
24Order may also provide for such variable interest rates to be
25established pursuant to a process generally known as an auction
26rate process and may provide for appointment of one or more

 

 

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1financial institutions to serve as auction agents and
2broker-dealers in connection with the establishment of such
3interest rates and the sale and remarketing of such Bonds.
4    (b) In connection with the issuance of any series of Bonds,
5the State may enter into arrangements to provide additional
6security and liquidity for such Bonds, including, without
7limitation, bond or interest rate insurance or letters of
8credit, lines of credit, bond purchase contracts, or other
9arrangements whereby funds are made available to retire or
10purchase Bonds, thereby assuring the ability of owners of the
11Bonds to sell or redeem their Bonds. The State may enter into
12contracts and may agree to pay fees to persons providing such
13arrangements, but only under circumstances where the Director
14of the Governor's Office of Management and Budget certifies
15that he or she reasonably expects the total interest paid or to
16be paid on the Bonds, together with the fees for the
17arrangements (being treated as if interest), would not, taken
18together, cause the Bonds to bear interest, calculated to their
19stated maturity, at a rate in excess of the rate that the Bonds
20would bear in the absence of such arrangements.
21    The State may, with respect to Bonds issued or anticipated
22to be issued, participate in and enter into arrangements with
23respect to interest rate protection or exchange agreements,
24guarantees, or financial futures contracts for the purpose of
25limiting, reducing, or managing interest rate exposure. The
26authority granted under this paragraph, however, shall not

 

 

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1increase the principal amount of Bonds authorized to be issued
2by law. The arrangements may be executed and delivered by the
3Director of the Governor's Office of Management and Budget on
4behalf of the State. Net payments for such arrangements shall
5constitute interest on the Bonds and shall be paid from the
6General Obligation Bond Retirement and Interest Fund. The
7Director of the Governor's Office of Management and Budget
8shall at least annually certify to the Governor and the State
9Comptroller his or her estimate of the amounts of such net
10payments to be included in the calculation of interest required
11to be paid by the State.
12    (c) Prior to the issuance of any Variable Rate Bonds
13pursuant to subsection (a), the Director of the Governor's
14Office of Management and Budget shall adopt an interest rate
15risk management policy providing that the amount of the State's
16variable rate exposure with respect to Bonds shall not exceed
1720%. This policy shall remain in effect while any Bonds are
18outstanding and the issuance of Bonds shall be subject to the
19terms of such policy. The terms of this policy may be amended
20from time to time by the Director of the Governor's Office of
21Management and Budget but in no event shall any amendment cause
22the permitted level of the State's variable rate exposure with
23respect to Bonds to exceed 20%.
24    (d) "Build America Bonds" in this Section means Bonds
25authorized by Section 54AA of the Internal Revenue Code of
261986, as amended ("Internal Revenue Code"), and bonds issued

 

 

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1from time to time to refund or continue to refund "Build
2America Bonds".
3    (e) Notwithstanding any other provision of this Section,
4Qualified School Construction Bonds shall be issued and sold
5from time to time, in one or more series, in such amounts and
6at such prices as may be directed by the Governor, upon
7recommendation by the Director of the Governor's Office of
8Management and Budget. Qualified School Construction Bonds
9shall be in such form (either coupon, registered or book
10entry), in such denominations, payable within 25 years from
11their date, subject to such terms of redemption with or without
12premium, and if the Qualified School Construction Bonds are
13issued with a supplemental coupon, bear interest payable at
14such times and at such fixed or variable rate or rates, and be
15dated as shall be fixed and determined by the Director of the
16Governor's Office of Management and Budget in the order
17authorizing the issuance and sale of any series of Qualified
18School Construction Bonds, which order shall be approved by the
19Governor and is herein called a "Bond Sale Order"; except that
20interest payable at fixed or variable rates, if any, shall not
21exceed that permitted in the Bond Authorization Act, as now or
22hereafter amended. Qualified School Construction Bonds shall
23be payable at such place or places, within or without the State
24of Illinois, and may be made registrable as to either principal
25or as to both principal and interest, as shall be specified in
26the Bond Sale Order. Qualified School Construction Bonds may be

 

 

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1callable or subject to purchase and retirement or tender and
2remarketing as fixed and determined in the Bond Sale Order.
3Qualified School Construction Bonds must be issued with
4principal or mandatory redemption amounts or sinking fund
5payments into the General Obligation Bond Retirement and
6Interest Fund (or subaccount therefor) in equal amounts, with
7the first maturity issued, mandatory redemption payment or
8sinking fund payment occurring within the fiscal year in which
9the Qualified School Construction Bonds are issued or within
10the next succeeding fiscal year, with Qualified School
11Construction Bonds issued maturing or subject to mandatory
12redemption or with sinking fund payments thereof deposited each
13fiscal year thereafter up to 25 years. Sinking fund payments
14set forth in this subsection shall be permitted only to the
15extent authorized in Section 54F of the Internal Revenue Code
16or as otherwise determined by the Director of the Governor's
17Office of Management and Budget. "Qualified School
18Construction Bonds" in this subsection means Bonds authorized
19by Section 54F of the Internal Revenue Code and for bonds
20issued from time to time to refund or continue to refund such
21"Qualified School Construction Bonds".
22    (f) Beginning with the next issuance by the Governor's
23Office of Management and Budget to the Procurement Policy Board
24of a request for quotation for the purpose of formulating a new
25pool of qualified underwriting banks list, all entities
26responding to such a request for quotation for inclusion on

 

 

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1that list shall provide a written report to the Governor's
2Office of Management and Budget and the Illinois Comptroller.
3The written report submitted to the Comptroller shall (i) be
4published on the Comptroller's Internet website and (ii) be
5used by the Governor's Office of Management and Budget for the
6purposes of scoring such a request for quotation. The written
7report, at a minimum, shall:
8        (1) disclose whether, within the past 3 months,
9    pursuant to its credit default swap market-making
10    activities, the firm has entered into any State of Illinois
11    credit default swaps ("CDS");
12        (2) include, in the event of State of Illinois CDS
13    activity, disclosure of the firm's cumulative notional
14    volume of State of Illinois CDS trades and the firm's
15    outstanding gross and net notional amount of State of
16    Illinois CDS, as of the end of the current 3-month period;
17        (3) indicate, pursuant to the firm's proprietary
18    trading activities, disclosure of whether the firm, within
19    the past 3 months, has entered into any proprietary trades
20    for its own account in State of Illinois CDS;
21        (4) include, in the event of State of Illinois
22    proprietary trades, disclosure of the firm's outstanding
23    gross and net notional amount of proprietary State of
24    Illinois CDS and whether the net position is short or long
25    credit protection, as of the end of the current 3-month
26    period;

 

 

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1        (5) list all time periods during the past 3 months
2    during which the firm held net long or net short State of
3    Illinois CDS proprietary credit protection positions, the
4    amount of such positions, and whether those positions were
5    net long or net short credit protection positions; and
6        (6) indicate whether, within the previous 3 months, the
7    firm released any publicly available research or marketing
8    reports that reference State of Illinois CDS and include
9    those research or marketing reports as attachments.
10    (g) All entities included on a Governor's Office of
11Management and Budget's pool of qualified underwriting banks
12list shall, as soon as possible after March 18, 2011 (the
13effective date of Public Act 96-1554), but not later than
14January 21, 2011, and on a quarterly fiscal basis thereafter,
15provide a written report to the Governor's Office of Management
16and Budget and the Illinois Comptroller. The written reports
17submitted to the Comptroller shall be published on the
18Comptroller's Internet website. The written reports, at a
19minimum, shall:
20        (1) disclose whether, within the past 3 months,
21    pursuant to its credit default swap market-making
22    activities, the firm has entered into any State of Illinois
23    credit default swaps ("CDS");
24        (2) include, in the event of State of Illinois CDS
25    activity, disclosure of the firm's cumulative notional
26    volume of State of Illinois CDS trades and the firm's

 

 

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1    outstanding gross and net notional amount of State of
2    Illinois CDS, as of the end of the current 3-month period;
3        (3) indicate, pursuant to the firm's proprietary
4    trading activities, disclosure of whether the firm, within
5    the past 3 months, has entered into any proprietary trades
6    for its own account in State of Illinois CDS;
7        (4) include, in the event of State of Illinois
8    proprietary trades, disclosure of the firm's outstanding
9    gross and net notional amount of proprietary State of
10    Illinois CDS and whether the net position is short or long
11    credit protection, as of the end of the current 3-month
12    period;
13        (5) list all time periods during the past 3 months
14    during which the firm held net long or net short State of
15    Illinois CDS proprietary credit protection positions, the
16    amount of such positions, and whether those positions were
17    net long or net short credit protection positions; and
18        (6) indicate whether, within the previous 3 months, the
19    firm released any publicly available research or marketing
20    reports that reference State of Illinois CDS and include
21    those research or marketing reports as attachments.
22(Source: P.A. 96-18, eff. 6-26-09; 96-37, eff. 7-13-09; 96-43,
23eff. 7-15-09; 96-828, eff. 12-2-09; 96-1497, eff. 1-14-11;
2496-1554, eff. 3-18-11; 97-813, eff. 7-13-12.)
 
25    (30 ILCS 330/11)  (from Ch. 127, par. 661)

 

 

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1    Sec. 11. Sale of Bonds. Except as otherwise provided in
2this Section, Bonds shall be sold from time to time pursuant to
3notice of sale and public bid or by negotiated sale in such
4amounts and at such times as is directed by the Governor, upon
5recommendation by the Director of the Governor's Office of
6Management and Budget. At least 25%, based on total principal
7amount, of all Bonds issued each fiscal year shall be sold
8pursuant to notice of sale and public bid. At all times during
9each fiscal year, no more than 75%, based on total principal
10amount, of the Bonds issued each fiscal year, shall have been
11sold by negotiated sale. Failure to satisfy the requirements in
12the preceding 2 sentences shall not affect the validity of any
13previously issued Bonds; provided that all Bonds authorized by
14Public Act 96-43 and Public Act 96-1497 this amendatory Act of
15the 96th General Assembly shall not be included in determining
16compliance for any fiscal year with the requirements of the
17preceding 2 sentences; and further provided that refunding
18Bonds satisfying the requirements of Section 16 of this Act and
19sold during fiscal year 2009, 2010, or 2011, or 2017 shall not
20be subject to the requirements in the preceding 2 sentences.
21    If any Bonds, including refunding Bonds, are to be sold by
22negotiated sale, the Director of the Governor's Office of
23Management and Budget shall comply with the competitive request
24for proposal process set forth in the Illinois Procurement Code
25and all other applicable requirements of that Code.
26    If Bonds are to be sold pursuant to notice of sale and

 

 

SB1810 Enrolled- 137 -LRB099 00139 KTG 20139 b

1public bid, the Director of the Governor's Office of Management
2and Budget may, from time to time, as Bonds are to be sold,
3advertise the sale of the Bonds in at least 2 daily newspapers,
4one of which is published in the City of Springfield and one in
5the City of Chicago. The sale of the Bonds shall also be
6advertised in the volume of the Illinois Procurement Bulletin
7that is published by the Department of Central Management
8Services, and shall be published once at least 10 days prior to
9the date fixed for the opening of the bids. The Director of the
10Governor's Office of Management and Budget may reschedule the
11date of sale upon the giving of such additional notice as the
12Director deems adequate to inform prospective bidders of such
13change; provided, however, that all other conditions of the
14sale shall continue as originally advertised.
15    Executed Bonds shall, upon payment therefor, be delivered
16to the purchaser, and the proceeds of Bonds shall be paid into
17the State Treasury as directed by Section 12 of this Act.
18(Source: P.A. 98-44, eff. 6-28-13.)
 
19    (30 ILCS 330/16)  (from Ch. 127, par. 666)
20    Sec. 16. Refunding Bonds. The State of Illinois is
21authorized to issue, sell, and provide for the retirement of
22General Obligation Bonds of the State of Illinois in the amount
23of $4,839,025,000, at any time and from time to time
24outstanding, for the purpose of refunding any State of Illinois
25general obligation Bonds then outstanding, including the

 

 

SB1810 Enrolled- 138 -LRB099 00139 KTG 20139 b

1payment of any redemption premium thereon, any reasonable
2expenses of such refunding, any interest accrued or to accrue
3to the earliest or any subsequent date of redemption or
4maturity of such outstanding Bonds and any interest to accrue
5to the first interest payment on the refunding Bonds; provided
6that all non-refunding Bonds in an issue that includes
7refunding Bonds shall mature no later than the final maturity
8date of Bonds being refunded; provided that no refunding Bonds
9shall be offered for sale unless the net present value of debt
10service savings to be achieved by the issuance of the refunding
11Bonds is 3% or more of the principal amount of the refunding
12Bonds to be issued; and further provided that, except for
13refunding Bonds sold in fiscal year 2009, 2010, or 2011, or
142017, the maturities of the refunding Bonds shall not extend
15beyond the maturities of the Bonds they refund, so that for
16each fiscal year in the maturity schedule of a particular issue
17of refunding Bonds, the total amount of refunding principal
18maturing and redemption amounts due in that fiscal year and all
19prior fiscal years in that schedule shall be greater than or
20equal to the total amount of refunded principal and redemption
21amounts that had been due over that year and all prior fiscal
22years prior to the refunding.
23     The Governor shall notify the State Treasurer and
24Comptroller of such refunding. The proceeds received from the
25sale of refunding Bonds shall be used for the retirement at
26maturity or redemption of such outstanding Bonds on any

 

 

SB1810 Enrolled- 139 -LRB099 00139 KTG 20139 b

1maturity or redemption date and, pending such use, shall be
2placed in escrow, subject to such terms and conditions as shall
3be provided for in the Bond Sale Order relating to the
4Refunding Bonds. Proceeds not needed for deposit in an escrow
5account shall be deposited in the General Obligation Bond
6Retirement and Interest Fund. This Act shall constitute an
7irrevocable and continuing appropriation of all amounts
8necessary to establish an escrow account for the purpose of
9refunding outstanding general obligation Bonds and to pay the
10reasonable expenses of such refunding and of the issuance and
11sale of the refunding Bonds. Any such escrowed proceeds may be
12invested and reinvested in direct obligations of the United
13States of America, maturing at such time or times as shall be
14appropriate to assure the prompt payment, when due, of the
15principal of and interest and redemption premium, if any, on
16the refunded Bonds. After the terms of the escrow have been
17fully satisfied, any remaining balance of such proceeds and
18interest, income and profits earned or realized on the
19investments thereof shall be paid into the General Revenue
20Fund. The liability of the State upon the Bonds shall continue,
21provided that the holders thereof shall thereafter be entitled
22to payment only out of the moneys deposited in the escrow
23account.
24    Except as otherwise herein provided in this Section, such
25refunding Bonds shall in all other respects be subject to the
26terms and conditions of this Act.

 

 

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1(Source: P.A. 96-18, eff. 6-26-09.)
 
2    Section 25-10. The Build Illinois Bond Act is amended by
3changing Sections 6, 8, and 15 as follows:
 
4    (30 ILCS 425/6)  (from Ch. 127, par. 2806)
5    Sec. 6. Conditions for Issuance and Sale of Bonds -
6Requirements for Bonds - Master and Supplemental Indentures -
7Credit and Liquidity Enhancement.
8    (a) Bonds shall be issued and sold from time to time, in
9one or more series, in such amounts and at such prices as
10directed by the Governor, upon recommendation by the Director
11of the Governor's Office of Management and Budget. Bonds shall
12be payable only from the specific sources and secured in the
13manner provided in this Act. Bonds shall be in such form, in
14such denominations, mature on such dates within 25 years from
15their date of issuance, be subject to optional or mandatory
16redemption, bear interest payable at such times and at such
17rate or rates, fixed or variable, and be dated as shall be
18fixed and determined by the Director of the Governor's Office
19of Management and Budget in an order authorizing the issuance
20and sale of any series of Bonds, which order shall be approved
21by the Governor and is herein called a "Bond Sale Order";
22provided, however, that interest payable at fixed rates shall
23not exceed that permitted in "An Act to authorize public
24corporations to issue bonds, other evidences of indebtedness

 

 

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1and tax anticipation warrants subject to interest rate
2limitations set forth therein", approved May 26, 1970, as now
3or hereafter amended, and interest payable at variable rates
4shall not exceed the maximum rate permitted in the Bond Sale
5Order. Said Bonds shall be payable at such place or places,
6within or without the State of Illinois, and may be made
7registrable as to either principal only or as to both principal
8and interest, as shall be specified in the Bond Sale Order.
9Bonds may be callable or subject to purchase and retirement or
10remarketing as fixed and determined in the Bond Sale Order.
11Bonds (i) except for refunding Bonds satisfying the
12requirements of Section 15 of this Act and sold during fiscal
13year 2009, 2010, or 2011, or 2017, must be issued with
14principal or mandatory redemption amounts in equal amounts,
15with the first maturity issued occurring within the fiscal year
16in which the Bonds are issued or within the next succeeding
17fiscal year and (ii) must mature or be subject to mandatory
18redemption each fiscal year thereafter up to 25 years, except
19for refunding Bonds satisfying the requirements of Section 15
2016 of this Act and sold during fiscal year 2009, 2010, or 2011
21which must mature or be subject to mandatory redemption each
22fiscal year thereafter up to 16 years.
23    All Bonds authorized under this Act shall be issued
24pursuant to a master trust indenture ("Master Indenture")
25executed and delivered on behalf of the State by the Director
26of the Governor's Office of Management and Budget, such Master

 

 

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1Indenture to be in substantially the form approved in the Bond
2Sale Order authorizing the issuance and sale of the initial
3series of Bonds issued under this Act. Such initial series of
4Bonds may, and each subsequent series of Bonds shall, also be
5issued pursuant to a supplemental trust indenture
6("Supplemental Indenture") executed and delivered on behalf of
7the State by the Director of the Governor's Office of
8Management and Budget, each such Supplemental Indenture to be
9in substantially the form approved in the Bond Sale Order
10relating to such series. The Master Indenture and any
11Supplemental Indenture shall be entered into with a bank or
12trust company in the State of Illinois having trust powers and
13possessing capital and surplus of not less than $100,000,000.
14Such indentures shall set forth the terms and conditions of the
15Bonds and provide for payment of and security for the Bonds,
16including the establishment and maintenance of debt service and
17reserve funds, and for other protections for holders of the
18Bonds. The term "reserve funds" as used in this Act shall
19include funds and accounts established under indentures to
20provide for the payment of principal of and premium and
21interest on Bonds, to provide for the purchase, retirement or
22defeasance of Bonds, to provide for fees of trustees,
23registrars, paying agents and other fiduciaries and to provide
24for payment of costs of and debt service payable in respect of
25credit or liquidity enhancement arrangements, interest rate
26swaps or guarantees or financial futures contracts and indexing

 

 

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1and remarketing agents' services.
2    In the case of any series of Bonds bearing interest at a
3variable interest rate ("Variable Rate Bonds"), in lieu of
4determining the rate or rates at which such series of Variable
5Rate Bonds shall bear interest and the price or prices at which
6such Variable Rate Bonds shall be initially sold or remarketed
7(in the event of purchase and subsequent resale), the Bond Sale
8Order may provide that such interest rates and prices may vary
9from time to time depending on criteria established in such
10Bond Sale Order, which criteria may include, without
11limitation, references to indices or variations in interest
12rates as may, in the judgment of a remarketing agent, be
13necessary to cause Bonds of such series to be remarketable from
14time to time at a price equal to their principal amount (or
15compound accreted value in the case of original issue discount
16Bonds), and may provide for appointment of indexing agents and
17a bank, trust company, investment bank or other financial
18institution to serve as remarketing agent in that connection.
19The Bond Sale Order may provide that alternative interest rates
20or provisions for establishing alternative interest rates,
21different security or claim priorities or different call or
22amortization provisions will apply during such times as Bonds
23of any series are held by a person providing credit or
24liquidity enhancement arrangements for such Bonds as
25authorized in subsection (b) of Section 6 of this Act.
26    (b) In connection with the issuance of any series of Bonds,

 

 

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1the State may enter into arrangements to provide additional
2security and liquidity for such Bonds, including, without
3limitation, bond or interest rate insurance or letters of
4credit, lines of credit, bond purchase contracts or other
5arrangements whereby funds are made available to retire or
6purchase Bonds, thereby assuring the ability of owners of the
7Bonds to sell or redeem their Bonds. The State may enter into
8contracts and may agree to pay fees to persons providing such
9arrangements, but only under circumstances where the Director
10of the Bureau of the Budget (now Governor's Office of
11Management and Budget) certifies that he reasonably expects the
12total interest paid or to be paid on the Bonds, together with
13the fees for the arrangements (being treated as if interest),
14would not, taken together, cause the Bonds to bear interest,
15calculated to their stated maturity, at a rate in excess of the
16rate which the Bonds would bear in the absence of such
17arrangements. Any bonds, notes or other evidences of
18indebtedness issued pursuant to any such arrangements for the
19purpose of retiring and discharging outstanding Bonds shall
20constitute refunding Bonds under Section 15 of this Act. The
21State may participate in and enter into arrangements with
22respect to interest rate swaps or guarantees or financial
23futures contracts for the purpose of limiting or restricting
24interest rate risk; provided that such arrangements shall be
25made with or executed through banks having capital and surplus
26of not less than $100,000,000 or insurance companies holding

 

 

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1the highest policyholder rating accorded insurers by A.M. Best &
2 Co. or any comparable rating service or government bond
3dealers reporting to, trading with, and recognized as primary
4dealers by a Federal Reserve Bank and having capital and
5surplus of not less than $100,000,000, or other persons whose
6debt securities are rated in the highest long-term categories
7by both Moody's Investors' Services, Inc. and Standard & Poor's
8Corporation. Agreements incorporating any of the foregoing
9arrangements may be executed and delivered by the Director of
10the Governor's Office of Management and Budget on behalf of the
11State in substantially the form approved in the Bond Sale Order
12relating to such Bonds.
13    (c) "Build America Bonds" in this Section means Bonds
14authorized by Section 54AA of the Internal Revenue Code of
151986, as amended ("Internal Revenue Code"), and bonds issued
16from time to time to refund or continue to refund "Build
17America Bonds".
18(Source: P.A. 96-18, eff. 6-26-09; 96-828, eff. 12-2-09.)
 
19    (30 ILCS 425/8)  (from Ch. 127, par. 2808)
20    Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
21in this Section, shall be sold from time to time pursuant to
22notice of sale and public bid or by negotiated sale in such
23amounts and at such times as are directed by the Governor, upon
24recommendation by the Director of the Governor's Office of
25Management and Budget. At least 25%, based on total principal

 

 

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1amount, of all Bonds issued each fiscal year shall be sold
2pursuant to notice of sale and public bid. At all times during
3each fiscal year, no more than 75%, based on total principal
4amount, of the Bonds issued each fiscal year shall have been
5sold by negotiated sale. Failure to satisfy the requirements in
6the preceding 2 sentences shall not affect the validity of any
7previously issued Bonds; and further provided that refunding
8Bonds satisfying the requirements of Section 15 of this Act and
9sold during fiscal year 2009, 2010, or 2011, or 2017 shall not
10be subject to the requirements in the preceding 2 sentences.
11    If any Bonds are to be sold pursuant to notice of sale and
12public bid, the Director of the Governor's Office of Management
13and Budget shall comply with the competitive request for
14proposal process set forth in the Illinois Procurement Code and
15all other applicable requirements of that Code.
16    If Bonds are to be sold pursuant to notice of sale and
17public bid, the Director of the Governor's Office of Management
18and Budget may, from time to time, as Bonds are to be sold,
19advertise the sale of the Bonds in at least 2 daily newspapers,
20one of which is published in the City of Springfield and one in
21the City of Chicago. The sale of the Bonds shall also be
22advertised in the volume of the Illinois Procurement Bulletin
23that is published by the Department of Central Management
24Services, and shall be published once at least 10 days prior to
25the date fixed for the opening of the bids. The Director of the
26Governor's Office of Management and Budget may reschedule the

 

 

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1date of sale upon the giving of such additional notice as the
2Director deems adequate to inform prospective bidders of the
3change; provided, however, that all other conditions of the
4sale shall continue as originally advertised. Executed Bonds
5shall, upon payment therefor, be delivered to the purchaser,
6and the proceeds of Bonds shall be paid into the State Treasury
7as directed by Section 9 of this Act. The Governor or the
8Director of the Governor's Office of Management and Budget is
9hereby authorized and directed to execute and deliver contracts
10of sale with underwriters and to execute and deliver such
11certificates, indentures, agreements and documents, including
12any supplements or amendments thereto, and to take such actions
13and do such things as shall be necessary or desirable to carry
14out the purposes of this Act. Any action authorized or
15permitted to be taken by the Director of the Governor's Office
16of Management and Budget pursuant to this Act is hereby
17authorized to be taken by any person specifically designated by
18the Governor to take such action in a certificate signed by the
19Governor and filed with the Secretary of State.
20(Source: P.A. 98-44, eff. 6-28-13.)
 
21    (30 ILCS 425/15)  (from Ch. 127, par. 2815)
22    Sec. 15. Refunding Bonds. Refunding Bonds are hereby
23authorized for the purpose of refunding any outstanding Bonds,
24including the payment of any redemption premium thereon, any
25reasonable expenses of such refunding, and any interest accrued

 

 

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1or to accrue to the earliest or any subsequent date of
2redemption or maturity of outstanding Bonds; provided that all
3non-refunding Bonds in an issue that includes refunding Bonds
4shall mature no later than the final maturity date of Bonds
5being refunded; provided that no refunding Bonds shall be
6offered for sale unless the net present value of debt service
7savings to be achieved by the issuance of the refunding Bonds
8is 3% or more of the principal amount of the refunding Bonds to
9be issued; and further provided that, except for refunding
10Bonds sold in fiscal year 2009, 2010, or 2011, or 2017, the
11maturities of the refunding Bonds shall not extend beyond the
12maturities of the Bonds they refund, so that for each fiscal
13year in the maturity schedule of a particular issue of
14refunding Bonds, the total amount of refunding principal
15maturing and redemption amounts due in that fiscal year and all
16prior fiscal years in that schedule shall be greater than or
17equal to the total amount of refunded principal and redemption
18amounts that had been due over that year and all prior fiscal
19years prior to the refunding.
20    Refunding Bonds may be sold in such amounts and at such
21times, as directed by the Governor upon recommendation by the
22Director of the Governor's Office of Management and Budget. The
23Governor shall notify the State Treasurer and Comptroller of
24such refunding. The proceeds received from the sale of
25refunding Bonds shall be used for the retirement at maturity or
26redemption of such outstanding Bonds on any maturity or

 

 

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1redemption date and, pending such use, shall be placed in
2escrow, subject to such terms and conditions as shall be
3provided for in the Bond Sale Order relating to the refunding
4Bonds. This Act shall constitute an irrevocable and continuing
5appropriation of all amounts necessary to establish an escrow
6account for the purpose of refunding outstanding Bonds and to
7pay the reasonable expenses of such refunding and of the
8issuance and sale of the refunding Bonds. Any such escrowed
9proceeds may be invested and reinvested in direct obligations
10of the United States of America, maturing at such time or times
11as shall be appropriate to assure the prompt payment, when due,
12of the principal of and interest and redemption premium, if
13any, on the refunded Bonds. After the terms of the escrow have
14been fully satisfied, any remaining balance of such proceeds
15and interest, income and profits earned or realized on the
16investments thereof shall be paid into the General Revenue
17Fund. The liability of the State upon the refunded Bonds shall
18continue, provided that the holders thereof shall thereafter be
19entitled to payment only out of the moneys deposited in the
20escrow account and the refunded Bonds shall be deemed paid,
21discharged and no longer to be outstanding.
22    Except as otherwise herein provided in this Section, such
23refunding Bonds shall in all other respects be issued pursuant
24to and subject to the terms and conditions of this Act and
25shall be secured by and payable from only the funds and sources
26which are provided under this Act.

 

 

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1(Source: P.A. 96-18, eff. 6-26-09.)
 
2
ARTICLE 35. CAPITAL DEVELOPMENT BOARD REVOLVING FUND

 
3    Section 35-5. The State Finance Act is amended by changing
4Sections 5.857 and 6z-100 as follows:
 
5    (30 ILCS 105/5.857)
6    (Section scheduled to be repealed on July 1, 2016)
7    Sec. 5.857. The Capital Development Board Revolving Fund.
8This Section is repealed July 1, 2017 2016.
9(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15.)
 
10    (30 ILCS 105/6z-100)
11    (Section scheduled to be repealed on July 1, 2016)
12    Sec. 6z-100. Capital Development Board Revolving Fund;
13payments into and use. All monies received by the Capital
14Development Board for publications or copies issued by the
15Board, and all monies received for contract administration
16fees, charges, or reimbursements owing to the Board shall be
17deposited into a special fund known as the Capital Development
18Board Revolving Fund, which is hereby created in the State
19treasury. The monies in this Fund shall be used by the Capital
20Development Board, as appropriated, for expenditures for
21personal services, retirement, social security, contractual
22services, legal services, travel, commodities, printing,

 

 

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1equipment, electronic data processing, or telecommunications.
2Unexpended moneys in the Fund shall not be transferred or
3allocated by the Comptroller or Treasurer to any other fund,
4nor shall the Governor authorize the transfer or allocation of
5those moneys to any other fund. This Section is repealed July
61, 2017 2016.
7(Source: P.A. 98-674, eff. 6-30-14.)
 
8    Section 35-10. The Capital Development Board Act is amended
9by changing Section 9.02a and adding Section 9.02c as follows:
 
10    (20 ILCS 3105/9.02a)  (from Ch. 127, par. 779.02a)
11    (This Section is scheduled to be repealed on June 30, 2016)
12    Sec. 9.02a. To charge contract administration fees used to
13administer and process the terms of contracts awarded by this
14State. Contract administration fees shall not exceed 3% of the
15contract amount. Contract administration fees used to
16administer contracts associated with the legislative complex,
17as defined in Section 8A-15 of the Legislative Commission
18Reorganization Act of 1984, shall be deposited into the Capitol
19Restoration Trust Fund for the use of the Architect of the
20Capitol in the performance of his or her powers or duties. This
21Section is repealed June 30, 2016.
22(Source: P.A. 97-786, eff. 7-13-12; 97-1162, eff. 2-4-13.)
 
23    (20 ILCS 3105/9.02c new)

 

 

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1    Sec. 9.02c. Continuation of Section 9.02a; validation.
2    (a) The General Assembly finds and declares that:
3        (1) The Statute on Statutes sets forth general rules on
4    the repeal of statutes and the construction of multiple
5    amendments, but Section 1 of that Act also states that
6    these rules will not be observed when the result would be
7    "inconsistent with the manifest intent of the General
8    Assembly or repugnant to the context of the statute".
9        (2) This amendatory Act of the 99th General Assembly
10    manifests the intention of the General Assembly to
11    eliminate the internal repeal of Section 9.02a of the
12    Capital Development Board Act and have Section 9.02a of the
13    Capital Development Board Act continue in effect.
14        (3) Section 9.02a of the Capital Development Board Act
15    was originally enacted to protect, promote, and preserve
16    the general welfare. Any construction of this Act that
17    results in the repeal of this Act on June 30, 2016 would be
18    inconsistent with the manifest intent of the General
19    Assembly and repugnant to the context of the Capital
20    Development Board Act.
21    (b) It is hereby declared to have been the intent of the
22General Assembly that Section 9.02a of the Capital Development
23Board Act not be subject to repeal on June 30, 2016.
24    (c) Section 9.02a of the Capital Development Board Act
25shall be deemed to have been in continuous effect since June
2630, 1988 (the effective date of Public Act 85-1026), and it

 

 

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1shall continue to be in effect henceforward until it is
2otherwise lawfully repealed. All previously enacted amendments
3to the Act taking effect on or after June 30, 2016 are hereby
4validated.
5    (d) All actions taken in reliance on or pursuant to Section
69.02a of the Capital Development Board by the Capital
7Development Board or any other person or entity are hereby
8validated.
9    (e) To ensure the continuing effectiveness of Section 9.02a
10of the Capital Development Board Act, it is set forth in full
11and re-enacted by this amendatory Act of the 99th General
12Assembly. This re-enactment is intended as a continuation of
13the Act. It is not intended to supersede any amendment to the
14Act that is enacted by the 99th General Assembly.
15    (f) Section 9.02a of the Capital Development Board Act
16applies to all claims, civil actions, and proceedings pending
17on or filed on or before the effective date of this amendatory
18Act of the 99th General Assembly.
 
19
ARTICLE 95. SEVERABILITY

 
20    Section 95-95. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.
 
22
ARTICLE 99. EFFECTIVE DATE

 
23    Section 99-99. Effective date. This Act takes effect upon

 

 

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1becoming law.