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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 |
9 | | Internet pilot program for the sale of lottery tickets to |
10 | | capture this new form of market participant. |
11 | | (b) The Department shall create a pilot program that allows |
12 | | an individual 18 years of age or older to purchase lottery |
13 | | tickets or shares on the Internet without using a Lottery |
14 | | retailer with on-line status, as those terms are defined by |
15 | | rule. The Department shall restrict the sale of lottery tickets |
16 | | on the Internet to transactions initiated and received or |
17 | | otherwise made exclusively within the State of Illinois. The |
18 | | Department shall adopt rules necessary for the administration |
19 | | of this program. These rules shall include, among other things, |
20 | | requirements for marketing of the Lottery to infrequent |
21 | | players, as well as limitations on the purchases that may be |
22 | | made through any one individual's lottery account. The |
23 | | provisions of this Act and the rules adopted under this Act |
24 | | shall apply to the sale of lottery tickets or shares under this |
25 | | program. |
26 | | Before beginning the pilot program, the Department of the |
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1 | | Lottery must submit a request to the United States Department |
2 | | of Justice for review of the State's plan to implement a pilot |
3 | | program for the sale of lottery tickets on the Internet and its |
4 | | propriety under federal law. The Department shall implement the |
5 | | Internet pilot program only if the Department of Justice does |
6 | | not object to the implementation of the program within a |
7 | | reasonable period of time after its review. |
8 | | The Department is obligated to implement the pilot program |
9 | | set forth in this Section and Sections 7.15 and 7.16 only at |
10 | | such time, and to such extent, that the Department of Justice |
11 | | does not object to the implementation of the program within a |
12 | | reasonable period of time after its review. While the Illinois |
13 | | Lottery may only offer Lotto, Mega Millions, and Powerball |
14 | | games through the pilot program, the Department shall request |
15 | | review from the federal Department of Justice for the Illinois |
16 | | Lottery to sell lottery tickets on the Internet on behalf of |
17 | | the State of Illinois that are not limited to just these games. |
18 | | The Department shall authorize the private manager to |
19 | | implement and administer the program pursuant to the management |
20 | | agreement entered into under Section 9.1 and in a manner |
21 | | consistent with the provisions of this Section. If a private |
22 | | manager has not been selected pursuant to Section 9.1 at the |
23 | | time the Department is obligated to implement the pilot |
24 | | program, then the Department shall not proceed with the pilot |
25 | | program until after the selection of the private manager, at |
26 | | which time the Department shall authorize the private manager |
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1 | | to implement and administer the program pursuant to the |
2 | | management agreement entered into under Section 9.1 and in a |
3 | | manner consistent with the provisions of this Section. |
4 | | The pilot program shall last for not less than 36 months, |
5 | | but not more than 48 months from the date of its initial |
6 | | operation. |
7 | | Nothing in this Section shall be construed as prohibiting |
8 | | the Department from implementing and operating a website portal |
9 | | whereby individuals who are 18 years of age or older with an |
10 | | Illinois mailing address may apply to purchase lottery tickets |
11 | | via subscription. Nothing in this Section shall also be |
12 | | construed as prohibiting the sale of Lotto, Mega Millions, and |
13 | | Powerball games by a lottery licensee pursuant to the |
14 | | Department's rules. |
15 | | (c) (Blank). There is created the Internet Lottery Study |
16 | | Committee as an advisory body within the Department. The |
17 | | Department shall conduct a study to determine the impact of the |
18 | | Internet pilot program on lottery licensees. The Department |
19 | | shall also determine the feasibility of the sale of stored |
20 | | value cards by lottery licensees as a non-exclusive option for |
21 | | use by individuals 18 years of age or older who purchase |
22 | | tickets for authorized lottery games in the Internet pilot |
23 | | program. For the purposes of this study, it is anticipated that |
24 | | the stored value cards will have, but need not be limited to, |
25 | | the following characteristics: (1) the cards will be available |
26 | | only to individuals 18 years of age and older; (2) the cards |
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1 | | will be rechargeable, closed-loop cards that can only be loaded |
2 | | with cash; (3) the cards will have unique identifying numbers |
3 | | to be used for on-line play; (4) the cards will have on-line |
4 | | play subtracted from the card's value; (5) the cards may have |
5 | | on-line winnings added to them; (6) the cards will be used at |
6 | | Lottery retailers to cash out winnings of up to $600; and (7) |
7 | | the cards will meet all technological, programming, and |
8 | | security requirements mandated by the Department and the |
9 | | governing bodies of both Mega Millions and Powerball. |
10 | | To the fullest extent possible, but subject to available |
11 | | resources, the Department shall ensure that the study evaluates |
12 | | and 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 |
13 | | her designee; the chief executive officer of the Lottery's |
14 | | private manager or his or her designee; a representative |
15 | | appointed by the Governor's Office; 2 representatives of the |
16 | | lottery licensee community appointed by the Director; one |
17 | | representative of a statewide association representing food |
18 | | retailers appointed by the Director; and one representative of |
19 | | a statewide association representing retail merchants |
20 | | appointed by the Director. |
21 | | Members of the Study Committee shall be appointed within 30 |
22 | | days after the effective date of this amendatory Act of the |
23 | | 97th General Assembly. No later than 6 months after the |
24 | | effective date of this amendatory Act of the 97th General |
25 | | Assembly, the Department shall provide to the members of the |
26 | | Study Committee the proposed findings and recommendations of |
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1 | | the study in order to solicit input from the Study Committee. |
2 | | Within 30 calendar days thereafter, the Study Committee shall |
3 | | convene a meeting of the members to discuss the proposed |
4 | | findings and recommendations of the study. No later than 15 |
5 | | calendar days after meeting, the Study Committee shall submit |
6 | | to the Department any written changes, additions, or |
7 | | corrections the Study Committee wishes the Department to make |
8 | | to the study. The Department shall consider the propriety of |
9 | | and respond to each change, addition, or correction offered by |
10 | | the Study Committee in the study. The Department shall also set |
11 | | forth any such change, addition, or correction offered by |
12 | | members of the Study Committee and the Department's responses |
13 | | thereto in the appendix to the study. No later than 15 calendar |
14 | | days after receiving the changes, additions, or corrections |
15 | | offered by the Study Committee, the Department shall deliver |
16 | | copies of the final study and appendices, if any, to the |
17 | | Governor, President of the Senate, Minority Leader of the |
18 | | Senate, Speaker of the House of Representatives, Minority |
19 | | Leader of the House of Representatives, and each of the members |
20 | | of 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; |
23 | | 98-499, eff. 8-16-13.) |
24 | | Section 5-7. The General Assembly Compensation Act is |
25 | | amended
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 |
3 | | an annual salary
of $28,000 or as set by the Compensation |
4 | | Review Board, whichever is
greater. The
following named |
5 | | officers, committee chairmen and committee minority spokesmen
|
6 | | shall receive additional amounts per year for
their services as |
7 | | such officers, committee chairmen and committee
minority |
8 | | spokesmen respectively, as set by the Compensation
Review Board |
9 | | or, as follows, whichever is greater: Beginning the second
|
10 | | Wednesday in January 1989, the Speaker and the minority leader |
11 | | of the
House of Representatives and the
President and the |
12 | | minority leader of the Senate, $16,000 each; the
majority |
13 | | leader in the House of Representatives $13,500;
6 assistant
|
14 | | majority leaders and 5 assistant minority leaders in the |
15 | | Senate,
$12,000
each; 6 assistant majority leaders and 6 |
16 | | assistant minority leaders in
the House of Representatives, |
17 | | $10,500 each; 2 Deputy
Majority leaders in the House of |
18 | | Representatives $11,500 each; and 2 Deputy
Minority leaders in |
19 | | the House of Representatives, $11,500 each; the majority
caucus |
20 | | chairman and minority caucus chairman in the Senate, $12,000 |
21 | | each;
and beginning the second Wednesday in January, 1989, the |
22 | | majority
conference chairman and the minority conference |
23 | | chairman
in the House of Representatives, $10,500 each; |
24 | | beginning
the second Wednesday in January, 1989, the chairman |
25 | | and minority spokesman
of each standing committee of the |
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1 | | Senate, except the Rules Committee, the
Committee on |
2 | | Committees, and the Committee on Assignment of Bills, $6,000
|
3 | | each; and beginning the second Wednesday in January, 1989, the |
4 | | chairman and
minority spokesman of each standing and select |
5 | | committee of the House of
Representatives, $6,000 each. A |
6 | | member who serves in more than one
position as an officer, |
7 | | committee chairman, or committee minority spokesman
shall |
8 | | receive only one additional amount based on the position paying |
9 | | the
highest additional amount. The
compensation provided for in |
10 | | this Section to be paid per year to members
of the General |
11 | | Assembly, including the additional sums payable per year
to |
12 | | officers of the General Assembly shall be paid in 12 equal |
13 | | monthly
installments. The first such installment is payable on |
14 | | January 31,
1977. All subsequent equal monthly installments are |
15 | | payable on the last
working day of the month. A member who has |
16 | | held office any part of a
month is entitled to compensation for |
17 | | an entire month. |
18 | | Mileage shall be paid at the rate of 20 cents per mile |
19 | | before January
9, 1985, and at the mileage allowance rate in |
20 | | effect under regulations
promulgated pursuant to 5 U.S.C. |
21 | | 5707(b)(2) beginning January 9, 1985, for the number
of actual |
22 | | highway miles necessarily and conveniently traveled by the
most |
23 | | feasible route to be present upon convening of the sessions of |
24 | | the
General Assembly by such member in each and every trip |
25 | | during each
session in going to and returning from the seat of |
26 | | government, to be
computed by the Comptroller. A member |
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1 | | traveling by public
transportation for such purposes, however, |
2 | | shall be paid his actual cost
of that transportation instead of |
3 | | on the mileage rate if his cost of
public transportation |
4 | | exceeds the amount to which he would be entitled
on a mileage |
5 | | basis. No member may be paid, whether on a mileage basis
or for |
6 | | actual costs of public transportation, for more than one such
|
7 | | trip for each week the General Assembly is actually in session. |
8 | | Each
member shall also receive an allowance of $36 per day for |
9 | | lodging and
meals while in attendance at sessions
of the |
10 | | General Assembly before January 9, 1985; beginning January 9,
|
11 | | 1985, such food and lodging allowance shall be equal to the |
12 | | amount per day
permitted to be deducted for such expenses under |
13 | | the Internal Revenue Code;
however, beginning May 31, 1995, no |
14 | | allowance for food and lodging while in
attendance at sessions |
15 | | is authorized for periods of time after the last day in
May of |
16 | | each calendar year, except (i) if the General Assembly is |
17 | | convened in
special session by either the Governor or the |
18 | | presiding 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 |
21 | | vetoed, item vetoed, reduced, or
returned with specific |
22 | | recommendations for change by the Governor as provided
in |
23 | | Section 9 of Article IV of the Illinois Constitution. For |
24 | | fiscal year 2011 and for session days in fiscal years 2012, |
25 | | 2013, 2014, 2015, and 2016 , and 2017 only (i) the allowance for |
26 | | lodging and meals is $111 per day and (ii) mileage for |
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1 | | automobile travel shall be reimbursed at a rate of $0.39 per |
2 | | mile. |
3 | | Notwithstanding any other provision of law to the contrary, |
4 | | beginning in fiscal year 2012, travel reimbursement for
General |
5 | | Assembly members on non-session days shall be
calculated using |
6 | | the guidelines set forth by the Legislative
Travel Control |
7 | | Board, except that fiscal year 2012, 2013, 2014, 2015, and |
8 | | 2016 , and 2017 mileage reimbursement is set at a rate of $0.39 |
9 | | per mile. |
10 | | If a member dies having received only a portion of the |
11 | | amount payable
as compensation, the unpaid balance shall be |
12 | | paid to the surviving
spouse of such member, or, if there be |
13 | | none, to the estate of such member. |
14 | | (Source: P.A. 98-30, eff. 6-24-13; 98-682, eff. 6-30-14; |
15 | | 99-355, eff. 8-13-15.) |
16 | | Section 5-8. The Compensation Review Act is amended by
|
17 | | adding Section 6.4 as follows: |
18 | | (25 ILCS 120/6.4 new) |
19 | | Sec. 6.4. FY17 COLAs prohibited. Notwithstanding any |
20 | | former or current provision of this Act, any other law, any |
21 | | report of the Compensation Review Board, or any resolution of |
22 | | the General Assembly to the contrary, members of the General |
23 | | Assembly, State's attorneys, other than the county supplement, |
24 | | elected executive branch constitutional officers of State |
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1 | | government, and persons in certain appointed offices of State |
2 | | government, including the membership of State departments, |
3 | | agencies, boards, and commissions, whose annual compensation |
4 | | previously was recommended or determined by the Compensation |
5 | | Review Board, are prohibited from receiving and shall not |
6 | | receive any increase in compensation that would otherwise apply |
7 | | based on a cost of living adjustment, as authorized by Senate |
8 | | Joint Resolution 192 of the 86th General Assembly, for or |
9 | | during the fiscal year beginning July 1, 2016. |
10 | | Section 5-10. The State Finance Act is amended by changing |
11 | | Sections 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; |
14 | | FY15. |
15 | | (a) In order to meet cash flow deficits and to maintain |
16 | | liquidity in the General Revenue Fund and the Health Insurance |
17 | | Reserve Fund, on and after July 1, 2014 and through June 30, |
18 | | 2015, the State Treasurer and the State Comptroller shall make |
19 | | transfers to the General Revenue Fund and the Health Insurance |
20 | | Reserve Fund, as directed by the Governor, out of special funds |
21 | | of the State, to the extent allowed by federal law. No such |
22 | | transfer may reduce the cumulative balance of all of the |
23 | | special funds of the State to an amount less than the total |
24 | | debt service payable during the 12 months immediately following |
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1 | | the date of the transfer on any bonded indebtedness of the |
2 | | State and any certificates issued under the Short Term |
3 | | Borrowing Act. At no time shall the outstanding total transfers |
4 | | made from the special funds of the State to the General Revenue |
5 | | Fund and the Health Insurance Reserve Fund under this Section |
6 | | exceed $650,000,000; once the amount of $650,000,000 has been |
7 | | transferred from the special funds of the State to the General |
8 | | Revenue Fund and the Health Insurance Reserve Fund, additional |
9 | | transfers may be made from the special funds of the State to |
10 | | the General Revenue Fund and the Health Insurance Reserve Fund |
11 | | under this Section only to the extent that moneys have first |
12 | | been re-transferred from the General Revenue Fund and the |
13 | | Health Insurance Reserve Fund to those special funds of the |
14 | | State. Notwithstanding any other provision of this Section, no |
15 | | such transfer may be made from any special fund that is |
16 | | exclusively collected by or appropriated to any other |
17 | | constitutional officer without the written approval of that |
18 | | constitutional officer. |
19 | | (b) If moneys have been transferred to the General Revenue |
20 | | Fund and the Health Insurance Reserve Fund pursuant to |
21 | | subsection (a) of this Section, this amendatory Act of the 98th |
22 | | General Assembly shall constitute the continuing authority for |
23 | | and direction to the State Treasurer and State Comptroller to |
24 | | reimburse the funds of origin from the General Revenue Fund by |
25 | | transferring to the funds of origin, at such times and in such |
26 | | amounts as directed by the Governor when necessary to support |
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1 | | appropriated expenditures from the funds, an amount equal to |
2 | | that transferred from them plus any interest that would have |
3 | | accrued thereon had the transfer not occurred , except that any |
4 | | moneys transferred pursuant to subsection (a) of this Section |
5 | | shall be repaid to the fund of origin within 18 months after |
6 | | the date on which they were borrowed . When any of the funds |
7 | | from which moneys have been transferred pursuant to subsection |
8 | | (a) have insufficient cash from which the State Comptroller may |
9 | | make expenditures properly supported by appropriations from |
10 | | the fund, then the State Treasurer and State Comptroller shall |
11 | | transfer from the General Revenue Fund to the fund only such |
12 | | amount as is immediately necessary to satisfy outstanding |
13 | | expenditure obligations on a timely basis. |
14 | | (c) On the first day of each quarterly period in each |
15 | | fiscal year, until such time as a report indicates that all |
16 | | moneys borrowed and interest pursuant to this Section have been |
17 | | repaid, the Governor's Office of Management and Budget shall |
18 | | provide to the President and the Minority Leader of the Senate, |
19 | | the Speaker and the Minority Leader of the House of |
20 | | Representatives, and the Commission on Government Forecasting |
21 | | and Accountability a report on all transfers made pursuant to |
22 | | this Section in the prior quarterly period. The report must be |
23 | | provided in electronic format. The report must include all of |
24 | | the 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
|
11 | | transferred, appropriated and used only for the purposes |
12 | | authorized by, and
subject to the limitations and conditions |
13 | | prescribed by, the State Auditing
Act. |
14 | | Within 30 days after the effective date of this amendatory |
15 | | Act of the 99th General Assembly,
the State Comptroller shall |
16 | | order transferred and the State Treasurer shall transfer from |
17 | | the
following funds moneys in the specified amounts for deposit |
18 | | into the Audit Expense Fund: |
19 | | Agricultural Premium Fund ..............................19,395 |
20 | | Anna Veterans Home Fund ................................12,842 |
21 | | Appraisal Administration Fund ...........................3,740 |
22 | | Athletics Supervision and Regulation Fund .................599 |
23 | | Attorney General Court Ordered and Voluntary |
24 | | Compliance Payment Projects Fund ...................16,998 |
25 | | Attorney General Whistleblower Reward and |
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1 | | Protection Fund ....................................12,417 |
2 | | Bank and Trust Company Fund ............................91,273 |
3 | | Capital Development Board Revolving Fund ................2,655 |
4 | | Care Provider Fund for Persons with a |
5 | | Developmental Disability ............................4,576 |
6 | | Cemetery Oversight Licensing and Disciplinary Fund ......5,060 |
7 | | Chicago State University Education Improvement Fund .....4,717 |
8 | | Child Support Administrative Fund .......................2,833 |
9 | | Coal Technology Development Assistance Fund .............7,891 |
10 | | Commitment to Human Services Fund ......................23,860 |
11 | | Common School Fund ....................................428,811 |
12 | | The Communications Revolving Fund .......................7,163 |
13 | | The Community Association Manager |
14 | | Licensing and Disciplinary Fund .......................817 |
15 | | Community Mental Health Medicaid Trust Fund ............10,761 |
16 | | Credit Union Fund ......................................17,533 |
17 | | Cycle Rider Safety Training Fund ..........................589 |
18 | | DCFS Children's Services Fund .........................249,796 |
19 | | Department of Business Services
Special Operations Fund .3,354 |
20 | | Department of Corrections Reimbursement |
21 | | and Education
Fund .................................16,949 |
22 | | Department of Human Services Community Services Fund ......821 |
23 | | Design Professionals Administration |
24 | | and Investigation Fund ..............................3,768 |
25 | | Digital Divide Elimination Fund .........................2,087 |
26 | | The Downstate Public Transportation Fund ...............23,216 |
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1 | | Driver Services Administration Fund .......................820 |
2 | | Drivers Education Fund ..................................1,221 |
3 | | Drug Rebate Fund .......................................10,020 |
4 | | Education Assistance Fund ...........................1,594,645 |
5 | | Electronic Health Record Incentive Fund .................1,090 |
6 | | Energy Efficiency Portfolio Standards Fund .............37,275 |
7 | | Estate Tax Refund Fund ..................................1,242 |
8 | | Facilities Management Revolving Fund ...................13,526 |
9 | | Fair and Exposition Fund ..................................826 |
10 | | Federal Asset Forfeiture Fund ...........................1,094 |
11 | | Federal High Speed Rail Trust Fund .....................29,251 |
12 | | Federal Workforce Training Fund ........................86,488 |
13 | | Feed Control Fund .......................................1,479 |
14 | | Fertilizer Control Fund ...................................929 |
15 | | The Fire Prevention Fund ..............................114,348 |
16 | | Fund for the Advancement of Education ..................13,642 |
17 | | General Professions Dedicated Fund .....................24,725 |
18 | | General Revenue Fund ...............................17,051,839 |
19 | | Grade Crossing Protection Fund ..........................6,588 |
20 | | Health and Human Services
Medicaid Trust Fund ...........4,153 |
21 | | Healthcare Provider Relief Fund .......................106,645 |
22 | | Hospital Provider Fund .................................36,223 |
23 | | Illinois Affordable Housing Trust Fund ..................5,592 |
24 | | Illinois Capital Revolving Loan Fund ......................627 |
25 | | Illinois Charity Bureau Fund ............................3,403 |
26 | | Illinois Gaming Law Enforcement Fund ....................1,885 |
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1 | | Illinois Standardbred Breeders Fund .......................946 |
2 | | Illinois State Dental Disciplinary Fund .................4,382 |
3 | | Illinois State Fair Fund ................................6,727 |
4 | | Illinois State Medical Disciplinary Fund ...............15,709 |
5 | | Illinois State Pharmacy Disciplinary Fund ...............5,619 |
6 | | Illinois Thoroughbred Breeders Fund .....................1,172 |
7 | | Illinois Veterans Assistance Fund .......................8,519 |
8 | | Illinois Veterans' Rehabilitation Fund ....................658 |
9 | | Illinois Workers' Compensation
Commission |
10 | | Operations Fund .....................................2,849 |
11 | | IMSA Income Fund .......................................11,085 |
12 | | Income Tax Refund Fund ................................170,345 |
13 | | Insurance Financial Regulation Fund ....................94,108 |
14 | | Insurance Premium Tax Refund Fund ......................13,251 |
15 | | Insurance Producer Administration Fund .................86,750 |
16 | | International Tourism Fund ..............................2,578 |
17 | | LaSalle Veterans Home Fund .............................42,416 |
18 | | LEADS Maintenance Fund ..................................1,223 |
19 | | Live and Learn Fund .....................................6,473 |
20 | | The Local Government Distributive Fund ................106,860 |
21 | | Local Tourism Fund ......................................9,144 |
22 | | Long-Term Care Provider Fund ............................5,951 |
23 | | Manteno Veterans Home Fund .............................73,818 |
24 | | Medical Interagency Program Fund ..........................811 |
25 | | Medical Special Purposes Trust Fund .......................521 |
26 | | Mental Health Fund ......................................4,704 |
|
| | SB1810 Enrolled | - 19 - | LRB099 00139 KTG 20139 b |
|
|
1 | | Motor Carrier Safety Inspection Fund ....................2,188 |
2 | | The Motor Fuel Tax Fund ................................73,255 |
3 | | Motor Vehicle License Plate Fund ........................3,976 |
4 | | Nursing Dedicated and Professional Fund .................9,858 |
5 | | Optometric Licensing and Disciplinary Board Fund ........1,382 |
6 | | Partners for Conservation Fund ..........................8,083 |
7 | | Pawnbroker Regulation Fund ................................853 |
8 | | The Personal Property Tax Replacement Fund ............105,572 |
9 | | Pesticide Control Fund ..................................5,634 |
10 | | Professional Services Fund ................................726 |
11 | | Professions Indirect Cost Fund ........................140,237 |
12 | | Public Pension Regulation Fund .........................10,026 |
13 | | The Public Transportation Fund .........................61,189 |
14 | | Quincy Veterans Home Fund ..............................88,224 |
15 | | Real Estate License Administration Fund ................23,587 |
16 | | Registered Certified Public Accountants' |
17 | | Administration and Disciplinary Fund ................1,370 |
18 | | Renewable Energy Resources Trust Fund ...................1,689 |
19 | | Residential Finance Regulatory Fund ....................12,638 |
20 | | The Road Fund .........................................332,667 |
21 | | Regional Transportation Authority |
22 | | Occupation and Use Tax
Replacement Fund .............2,526 |
23 | | Savings Bank Regulatory Fund ..............................851 |
24 | | School Infrastructure Fund ..............................4,852 |
25 | | Secretary of State DUI Administration Fund ................544 |
26 | | Secretary of State Identification Security |
|
| | SB1810 Enrolled | - 20 - | LRB099 00139 KTG 20139 b |
|
|
1 | | and Theft Prevention Fund ...........................1,645 |
2 | | Secretary of State
Special License Plate Fund ...........1,203 |
3 | | Secretary of State
Special Services Fund ................6,197 |
4 | | Securities Audit and Enforcement Fund ...................2,793 |
5 | | Solid Waste Management Fund .............................1,262 |
6 | | Special Education Medicaid Matching Fund ................2,217 |
7 | | State and Local Sales Tax Reform Fund ...................5,177 |
8 | | State Asset Forfeiture Fund .............................1,945 |
9 | | State Construction Account Fund ........................67,375 |
10 | | State Crime Laboratory Fund ...............................566 |
11 | | State Gaming Fund .....................................246,099 |
12 | | The State Garage Revolving Fund .........................3,606 |
13 | | The State Lottery Fund ................................201,779 |
14 | | State Offender DNA Identification System
Fund ...........2,246 |
15 | | State Pensions Fund ...................................500,000 |
16 | | State Police DUI Fund ...................................1,560 |
17 | | State Police Firearm Services Fund ......................6,152 |
18 | | State Police Services Fund .............................19,425 |
19 | | State Police Vehicle Fund ...............................6,991 |
20 | | State Police Whistleblower Reward and Protection Fund ...4,430 |
21 | | State Police Wireless
Service Emergency Fund ..............894 |
22 | | The Statistical Services Revolving Fund ................10,266 |
23 | | Supplemental Low-Income Energy Assistance
Fund .........67,729 |
24 | | Tax Compliance and Administration Fund ..................1,145 |
25 | | Tobacco Settlement Recovery Fund ........................3,199 |
26 | | Tourism Promotion Fund .................................42,906 |
|
| | SB1810 Enrolled | - 21 - | LRB099 00139 KTG 20139 b |
|
|
1 | | Traffic and Criminal Conviction Surcharge Fund ..........4,885 |
2 | | Underground Storage Tank Fund ..........................19,316 |
3 | | University of Illinois Hospital Services Fund ...........2,862 |
4 | | The Vehicle Inspection Fund ...............................909 |
5 | | Violent Crime Victims Assistance Fund ..................13,828 |
6 | | Weights and Measures Fund ...............................4,826 |
7 | | The Working Capital Revolving Fund .....................30,401 |
8 | | Within 30 days after July 14, 2015 ( the effective date of |
9 | | Public Act 99-38) this amendatory Act of the 99th General |
10 | | Assembly ,
the State Comptroller shall order transferred and the |
11 | | State Treasurer shall transfer from the
following funds moneys |
12 | | in the specified amounts for deposit into the Audit Expense |
13 | | Fund: |
14 | | African-American HIV/AIDS Response Fund .................2,333 |
15 | | Agricultural Premium Fund .............................141,245 |
16 | | Assisted Living and Shared Housing Regulatory Fund ......1,146 |
17 | | Capital Development Board Revolving Fund ................1,473 |
18 | | Care Provider Fund for Persons with |
19 | | a Developmental Disability ........................13,520 |
20 | | Carolyn Adams Ticket For The Cure Grant Fund ..............632 |
21 | | CD LIS/ AAMV Anet/NMVTIS Trust Fund .......................587 |
22 | | Chicago State University Education Improvement Fund .....9,881 |
23 | | Child Support Administrative Fund .......................5,192 |
24 | | Common School Fund ....................................255,306 |
25 | | The Communications Revolving Fund ......................14,823 |
26 | | Community Mental Health Medicaid Trust Fund ............43,141 |
|
| | SB1810 Enrolled | - 22 - | LRB099 00139 KTG 20139 b |
|
|
1 | | Death Certificate Surcharge Fund ........................2,596 |
2 | | Death Penalty Abolition Fund ..............................864 |
3 | | Department of Business Services Special Operations Fund .9,484 |
4 | | Department of Human Services Community Services Fund ....6,131 |
5 | | The Downstate Public Transportation Fund ................7,975 |
6 | | Drug Rebate Fund .......................................16,022 |
7 | | Drug Treatment Fund .....................................1,392 |
8 | | Drunk and Drugged Driving Prevention Fund .................772 |
9 | | The Education Assistance Fund .......................1,587,191 |
10 | | Electronic Health Record Incentive Fund .................4,196 |
11 | | Emergency Public Health Fund ............................8,501 |
12 | | EMS Assistance Fund .......................................796 |
13 | | Estate Tax Refund Fund ..................................1,792 |
14 | | Facilities Management Revolving Fund ...................22,122 |
15 | | Facility Licensing Fund .................................4,655 |
16 | | Fair and Exposition Fund ................................5,440 |
17 | | Federal High Speed Rail Trust Fund ......................6,789 |
18 | | Feed Control Fund .......................................5,082 |
19 | | Fertilizer Control Fund .................................6,041 |
20 | | The Fire Prevention Fund ................................4,653 |
21 | | Food and Drug Safety Fund ...............................1,636 |
22 | | General Professions Dedicated Fund ......................3,296 |
23 | | The General Revenue Fund ...........................17,190,905 |
24 | | Grade Crossing Protection Fund ..........................1,134 |
25 | | Health and Human Services Medicaid Trust Fund ..........14,252 |
26 | | Health Facility Plan Review Fund ........................3,355 |
|
| | SB1810 Enrolled | - 23 - | LRB099 00139 KTG 20139 b |
|
|
1 | | Healthcare Provider Relief Fund .......................220,261 |
2 | | Healthy Smiles Fund .......................................694 |
3 | | Home Care Services Agency Licensure Fund ................1,383 |
4 | | Hospital Provider Fund .................................77,300 |
5 | | ICJIA Violence Prevention Fund ..........................2,370 |
6 | | Illinois Affordable Housing Trust Fund ..................6,609 |
7 | | Illinois Department of Agriculture |
8 | | Laboratory Services
Revolving Fund .................3,386 |
9 | | Illinois Health Facilities Planning Fund ................3,582 |
10 | | Illinois School Asbestos Abatement Fund .................1,742 |
11 | | Illinois Standardbred Breeders Fund .....................7,697 |
12 | | Illinois State Fair Fund ...............................40,283 |
13 | | Illinois Thoroughbred Breeders Fund ....................11,711 |
14 | | Illinois Veterans' Rehabilitation Fund ..................2,084 |
15 | | Illinois Workers' Compensation Commission |
16 | | Operations Fund ..................................182,586 |
17 | | IMSA Income Fund ........................................7,840 |
18 | | Income Tax Refund Fund .................................62,221 |
19 | | Lead Poisoning Screening, Prevention, and Abatement Fund .4,507 |
20 | | Live and Learn Fund ....................................18,652 |
21 | | Lobbyist Registration Administration Fund .................623 |
22 | | The Local Government Distributive Fund .................35,569 |
23 | | Long Term Care Monitor/Receiver Fund ...................24,533 |
24 | | Long-Term Care Provider Fund ...........................15,559 |
25 | | Low-Level Radioactive Waste Facility |
26 | | Development and
Operation Fund .....................1,286 |
|
| | SB1810 Enrolled | - 24 - | LRB099 00139 KTG 20139 b |
|
|
1 | | Mandatory Arbitration Fund ..............................2,978 |
2 | | Medical Interagency Program Fund ........................2,120 |
3 | | Medical Special Purposes Trust Fund .....................1,829 |
4 | | Mental Health Fund .....................................10,964 |
5 | | Metabolic Screening and Treatment Fund .................28,495 |
6 | | Monitoring Device Driving Permit Administration Fee Fund .1,021 |
7 | | The Motor Fuel Tax Fund ................................27,802 |
8 | | Motor Vehicle License Plate Fund .......................10,715 |
9 | | Motor Vehicle Theft Prevention Trust Fund ..............10,219 |
10 | | Multiple Sclerosis Research Fund ........................2,552 |
11 | | Nuclear Safety Emergency Preparedness Fund .............31,006 |
12 | | Nursing Dedicated and Professional Fund .................2,350 |
13 | | Partners for Conservation Fund .........................69,830 |
14 | | The Personal Property Tax Replacement Fund .............36,349 |
15 | | Pesticide Control Fund .................................32,100 |
16 | | Plumbing Licensure and Program Fund .....................2,237 |
17 | | Professional Services Fund ..............................1,177 |
18 | | Public Health Laboratory Services Revolving Fund ........5,556 |
19 | | The Public Transportation Fund .........................20,547 |
20 | | Radiation Protection Fund ..............................12,033 |
21 | | The Road Fund .........................................153,257 |
22 | | Regional Transportation Authority |
23 | | Occupation and Use Tax
Replacement Fund ..............799 |
24 | | School Infrastructure Fund ..............................5,976 |
25 | | Secretary of State DUI Administration Fund ..............1,767 |
26 | | Secretary of State Identification |
|
| | SB1810 Enrolled | - 25 - | LRB099 00139 KTG 20139 b |
|
|
1 | | Security and Theft
Prevention Fund .................2,551 |
2 | | Secretary of State Special License Plate Fund ...........3,483 |
3 | | Secretary of State Special Services Fund ...............21,708 |
4 | | Securities Audit and Enforcement Fund ...................5,637 |
5 | | Securities Investors Education Fund .......................894 |
6 | | Special Education Medicaid Matching Fund ................4,648 |
7 | | State and Local Sales Tax Reform Fund ...................1,651 |
8 | | State Construction Account Fund ........................27,868 |
9 | | The State Garage Revolving Fund .........................7,320 |
10 | | The State Lottery Fund ................................398,712 |
11 | | State Pensions Fund ...................................500,000 |
12 | | The Statistical Services Revolving Fund ................17,481 |
13 | | Supreme Court Historic Preservation Fund ...............28,000 |
14 | | Tanning Facility Permit Fund ..............................549 |
15 | | Tobacco Settlement Recovery Fund .......................30,438 |
16 | | Trauma Center Fund .....................................10,050 |
17 | | University of Illinois Hospital Services Fund ...........9,247 |
18 | | The Vehicle Inspection Fund .............................2,810 |
19 | | Weights and Measures Fund ..............................31,534 |
20 | | The Working Capital Revolving Fund ....................15,960
|
21 | | Notwithstanding any provision of the law to the contrary, |
22 | | the General
Assembly hereby authorizes the use of such funds |
23 | | for the purposes set forth
in this Section.
|
24 | | These provisions do not apply to funds classified by the |
25 | | Comptroller
as federal trust funds or State trust funds. The |
26 | | Audit Expense Fund may
receive transfers from those trust funds |
|
| | SB1810 Enrolled | - 26 - | LRB099 00139 KTG 20139 b |
|
|
1 | | only as directed herein, except
where prohibited by the terms |
2 | | of the trust fund agreement. The Auditor
General shall notify |
3 | | the trustees of those funds of the estimated cost of
the audit |
4 | | to be incurred under the Illinois State Auditing Act for the
|
5 | | fund. The trustees of those funds shall direct the State |
6 | | Comptroller and
Treasurer to transfer the estimated amount to |
7 | | the Audit Expense Fund.
|
8 | | The Auditor General may bill entities that are not subject |
9 | | to the above
transfer provisions, including private entities, |
10 | | related organizations and
entities whose funds are |
11 | | locally-held, for the cost of audits, studies, and
|
12 | | investigations incurred on their behalf. Any revenues received |
13 | | under this
provision shall be deposited into the Audit Expense |
14 | | Fund.
|
15 | | In the event that moneys on deposit in any fund are |
16 | | unavailable, by
reason of deficiency or any other reason |
17 | | preventing their lawful
transfer, the State Comptroller shall |
18 | | order transferred
and the State Treasurer shall transfer the |
19 | | amount deficient or otherwise
unavailable from the General |
20 | | Revenue Fund for deposit into the Audit Expense
Fund.
|
21 | | On or before December 1, 1992, and each December 1 |
22 | | thereafter, the
Auditor General shall notify the Governor's |
23 | | Office of Management
and Budget (formerly Bureau of the Budget)
|
24 | | of the amount
estimated to be necessary to pay for audits, |
25 | | studies, and investigations in
accordance with the Illinois |
26 | | State Auditing Act during the next succeeding
fiscal year for |
|
| | SB1810 Enrolled | - 27 - | LRB099 00139 KTG 20139 b |
|
|
1 | | each State fund for which a transfer or reimbursement is
|
2 | | anticipated.
|
3 | | Beginning with fiscal year 1994 and during each fiscal year |
4 | | thereafter,
the Auditor General may direct the State |
5 | | Comptroller and Treasurer to
transfer moneys from funds |
6 | | authorized by the General Assembly for that
fund. In the event |
7 | | funds, including federal and State trust funds but
excluding |
8 | | the General Revenue Fund, are transferred, during fiscal year |
9 | | 1994
and during each fiscal year thereafter, in excess of the |
10 | | amount to pay actual
costs attributable to audits, studies, and |
11 | | investigations as permitted or
required by the Illinois State |
12 | | Auditing Act or specific action of the General
Assembly, the |
13 | | Auditor General shall, on September 30, or as soon thereafter |
14 | | as
is practicable, direct the State Comptroller and Treasurer |
15 | | to transfer the
excess amount back to the fund from which it |
16 | | was originally transferred.
|
17 | | (Source: P.A. 98-270, eff. 8-9-13; 98-676, eff. 6-30-14; 99-38, |
18 | | eff. 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 |
22 | | State Treasury,
shall consist of moneys appropriated or |
23 | | transferred to that Fund, as provided
in Section 6z-43 and as |
24 | | otherwise provided by law.
All earnings on Budget Stabilization |
25 | | Fund 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 |
2 | | transfer moneys
from the Budget Stabilization Fund to the |
3 | | General Revenue Fund in order to meet
cash flow deficits |
4 | | resulting from timing variations between disbursements
and the |
5 | | receipt
of funds within a fiscal year. Any moneys so borrowed |
6 | | in any fiscal year other than Fiscal Year 2011 shall be repaid |
7 | | by June
30 of the fiscal year in which they were borrowed.
Any |
8 | | moneys so borrowed in Fiscal Year 2011 shall be repaid no later |
9 | | than July 15, 2011.
|
10 | | (c) During Fiscal Year 2017 only, amounts may be expended |
11 | | from the Budget Stabilization Fund only pursuant to specific |
12 | | authorization by appropriation. Any moneys expended pursuant |
13 | | to 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 |
17 | | State of
Illinois incurs any bonded indebtedness for the |
18 | | construction of
permanent highways, be set aside and used for |
19 | | the purpose of paying and
discharging annually the principal |
20 | | and interest on that bonded
indebtedness then due and payable, |
21 | | and for no other purpose. The
surplus, if any, in the Road Fund |
22 | | after the payment of principal and
interest on that bonded |
23 | | indebtedness 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 |
5 | | the Road
Fund. Appropriations may also be made from the Road |
6 | | Fund for the
administrative expenses of any State agency that |
7 | | are related to motor
vehicles or arise from the use of motor |
8 | | vehicles. |
9 | | Beginning with fiscal year 1980 and thereafter, no Road |
10 | | Fund monies
shall be appropriated to the following Departments |
11 | | or agencies of State
government for administration, grants, or |
12 | | operations; but this
limitation is not a restriction upon |
13 | | appropriating for those purposes any
Road Fund monies that are |
14 | | eligible for federal reimbursement; |
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 |
7 | | Fund monies
shall be appropriated to the following Departments |
8 | | or agencies of State
government for administration, grants, or |
9 | | operations; but this
limitation is not a restriction upon |
10 | | appropriating for those purposes any
Road Fund monies that are |
11 | | eligible 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 |
26 | | Fund monies
shall be appropriated to the following Departments |
|
| | SB1810 Enrolled | - 33 - | LRB099 00139 KTG 20139 b |
|
|
1 | | or agencies of State
government for administration, grants, or |
2 | | operations; but this
limitation is not a restriction upon |
3 | | appropriating for those purposes any
Road Fund monies that are |
4 | | eligible for federal reimbursement: Department
of Central |
5 | | Management Services, except for awards made by
the Illinois |
6 | | Workers' Compensation Commission under the terms of the |
7 | | Workers' Compensation Act
or Workers' Occupational Diseases |
8 | | Act for injury or death of an employee of
the Division of |
9 | | Highways in the Department of Transportation. |
10 | | Beginning with fiscal year 1984 and thereafter, no Road |
11 | | Fund monies
shall be appropriated to the following Departments |
12 | | or agencies of State
government for administration, grants, or |
13 | | operations; but this
limitation is not a restriction upon |
14 | | appropriating for those purposes any
Road Fund monies that are |
15 | | eligible 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 |
20 | | Fund monies
shall be appropriated to any Department or agency |
21 | | of State government
for administration, grants, or operations |
22 | | except as provided hereafter;
but this limitation is not a |
23 | | restriction upon appropriating for those
purposes any Road Fund |
24 | | monies that are eligible for federal
reimbursement. It shall |
25 | | not be lawful to circumvent the above
appropriation limitations |
26 | | by governmental reorganization or other
methods. |
|
| | SB1810 Enrolled | - 34 - | LRB099 00139 KTG 20139 b |
|
|
1 | | Appropriations shall be made from the Road Fund only in
|
2 | | accordance with the provisions of this Section. |
3 | | Money in the Road Fund shall, if and when the State of |
4 | | Illinois
incurs any bonded indebtedness for the construction of |
5 | | permanent
highways, be set aside and used for the purpose of |
6 | | paying and
discharging during each fiscal year the principal |
7 | | and interest on that
bonded indebtedness as it becomes due and |
8 | | payable as provided in the
Transportation Bond Act, and for no |
9 | | other
purpose. The surplus, if any, in the Road Fund after the |
10 | | payment of
principal and interest on that bonded indebtedness |
11 | | then 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, |
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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 |
7 | | the Road
Fund or the Grade Crossing Protection Fund as provided |
8 | | in Section 8 of
the Motor Fuel Tax Law. |
9 | | Except as provided in this paragraph, beginning with fiscal |
10 | | year 1991 and
thereafter, no Road Fund monies
shall be |
11 | | appropriated to the Department of State Police for the purposes |
12 | | of
this Section in excess of its total fiscal year 1990 Road |
13 | | Fund
appropriations for those purposes unless otherwise |
14 | | provided in Section 5g of
this Act.
For fiscal years 2003,
|
15 | | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be |
16 | | appropriated to the
Department of State Police for the purposes |
17 | | of this Section in excess of
$97,310,000.
For fiscal year 2008 |
18 | | only, no Road
Fund monies shall be appropriated to the |
19 | | Department of State Police for the purposes of
this Section in |
20 | | excess of $106,100,000. For fiscal year 2009 only, no Road Fund |
21 | | monies shall be appropriated to the Department of State Police |
22 | | for the purposes of this Section in excess of $114,700,000. |
23 | | Beginning in fiscal year 2010, no road fund moneys shall be |
24 | | appropriated to the Department of State Police. It shall not be |
25 | | lawful to circumvent this limitation on
appropriations by |
26 | | governmental reorganization or other methods unless
otherwise |
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1 | | provided in Section 5g of this Act. |
2 | | In fiscal year 1994, no Road Fund monies shall be |
3 | | appropriated
to the
Secretary of State for the purposes of this |
4 | | Section in excess of the total
fiscal year 1991 Road Fund |
5 | | appropriations to the Secretary of State for
those purposes, |
6 | | plus $9,800,000. It
shall not be
lawful to circumvent
this |
7 | | limitation on appropriations by governmental reorganization or |
8 | | other
method. |
9 | | Beginning with fiscal year 1995 and thereafter, no Road |
10 | | Fund
monies
shall be appropriated to the Secretary of State for |
11 | | the purposes of this
Section in excess of the total fiscal year |
12 | | 1994 Road Fund
appropriations to
the Secretary of State for |
13 | | those purposes. It shall not be lawful to
circumvent this |
14 | | limitation on appropriations by governmental reorganization
or |
15 | | other methods. |
16 | | Beginning with fiscal year 2000, total Road Fund |
17 | | appropriations to the
Secretary of State for the purposes of |
18 | | this Section shall not exceed the
amounts specified for the |
19 | | following 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;
| |
|
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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 |
5 | | appropriated to the Secretary of State. |
6 | | Beginning in fiscal year 2011, moneys in the Road Fund |
7 | | shall be appropriated to the Secretary of State for the |
8 | | exclusive purpose of paying refunds due to overpayment of fees |
9 | | related to Chapter 3 of the Illinois Vehicle Code unless |
10 | | otherwise provided for by law. |
11 | | It shall not be lawful to circumvent this limitation on |
12 | | appropriations by
governmental reorganization or other |
13 | | methods. |
14 | | No new program may be initiated in fiscal year 1991 and
|
15 | | thereafter that is not consistent with the limitations imposed |
16 | | by this
Section for fiscal year 1984 and thereafter, insofar as |
17 | | appropriation of
Road Fund monies is concerned. |
18 | | Nothing in this Section prohibits transfers from the Road |
19 | | Fund to the
State Construction Account Fund under Section 5e of |
20 | | this Act; nor to the
General Revenue Fund, as authorized by |
21 | | this amendatory Act of
the 93rd
General Assembly. |
22 | | The additional amounts authorized for expenditure in this |
23 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
24 | | shall be repaid to the Road Fund
from the General Revenue Fund |
25 | | in the next succeeding fiscal year that the
General Revenue |
26 | | Fund has a positive budgetary balance, as determined by
|
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1 | | generally accepted accounting principles applicable to |
2 | | government. |
3 | | The additional amounts authorized for expenditure by the |
4 | | Secretary of State
and
the Department of State Police in this |
5 | | Section by this amendatory Act of the
94th General Assembly |
6 | | shall be repaid to the Road Fund from the General Revenue Fund |
7 | | in the
next
succeeding fiscal year that the General Revenue |
8 | | Fund has a positive budgetary
balance,
as determined by |
9 | | generally accepted accounting principles applicable to
|
10 | | government. |
11 | | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
12 | | eff. 6-19-13; 98-674, eff. 6-30-14.) |
13 | | Section 5-15. The State Revenue Sharing Act is amended by |
14 | | adding 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, |
18 | | the State Board of Education shall identify to the Department |
19 | | of Revenue school districts having Personal Property Tax |
20 | | Replacement Fund receipts totaling 15% or more of their total |
21 | | revenues in fiscal year 2015. |
22 | | (b) In fiscal year 2017, any school district identified |
23 | | under subsection (a) shall receive, in addition to its annual |
24 | | distributions from the Personal Property Tax Replacement Fund, |
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1 | | 7% of the total amount distributed to the school district from |
2 | | the Personal Property Tax Replacement Fund during fiscal year |
3 | | 2015, provided that the total amount of additional |
4 | | distributions under this Section shall not exceed $2,900,000. |
5 | | If the total additional distributions exceed $2,900,000, such |
6 | | distributions shall be calculated on a pro rata basis, based on |
7 | | the percentage of each district's total fiscal year 2015 |
8 | | revenues to the total fiscal year 2015 revenues of all |
9 | | districts qualifying for an additional distribution under this |
10 | | Section. |
11 | | Section 5-20. The Illinois Coal Technology Development |
12 | | Assistance 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 |
15 | | Assistance Fund.
|
16 | | (a) The contents of the Coal Technology Development |
17 | | Assistance Fund may be
expended, subject to appropriation by |
18 | | the General Assembly, in such amounts and
at such times as the |
19 | | Department, with the advice and recommendation of the
Board, |
20 | | may deem necessary or desirable for the purposes of this Act.
|
21 | | (b) The Department shall develop a written plan containing |
22 | | measurable 3-year
and 10-year goals and objectives in regard to |
23 | | the funding of coal research and
coal demonstration and |
24 | | commercialization projects, and programs designed to
preserve |
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1 | | and enhance markets for Illinois coal. In developing these |
2 | | goals and
objectives, the Department shall consider and |
3 | | determine the appropriate balance
for the achievement of |
4 | | near-term and long-term goals and objectives and of
ensuring |
5 | | the timely commercial application of cost-effective |
6 | | technologies or
energy and chemical production processes or |
7 | | systems utilizing coal. The
Department shall develop the |
8 | | initial goals and objectives no later than
December 1, 1993, |
9 | | and develop revised goals and objectives no later than
July 1 |
10 | | annually thereafter.
|
11 | | (c) (Blank).
|
12 | | (d) Subject to appropriation, the Department of Natural |
13 | | Resources may use moneys in the Coal Technology Development |
14 | | Assistance Fund to administer its responsibilities under the |
15 | | Surface Coal Mining Land Conservation and Reclamation Act. |
16 | | (Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98; |
17 | | 90-372, eff. 7-1-98;
90-655, eff. 7-30-98.)
|
18 | | Section 5-25. The Illinois Police Training Act is amended |
19 | | by 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 |
22 | | Treasury to
be known as the Traffic and Criminal Conviction |
23 | | Surcharge Fund and shall
be financed as provided in Section 9.1 |
24 | | of this Act and Section 5-9-1 of the
Unified Code of |
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1 | | Corrections, unless the fines, costs, or additional
amounts |
2 | | imposed are subject to disbursement by the circuit clerk under
|
3 | | Section 27.5 of the Clerks of Courts Act. Moneys in this Fund |
4 | | shall 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 |
3 | | Surcharge Fund shall
be made each year from moneys appropriated |
4 | | for the purposes specified in
this Section. No more than 50% of |
5 | | any appropriation under this Act shall be
spent in any city |
6 | | having a population of more than 500,000. The State
Comptroller |
7 | | and the State Treasurer shall from time to time, at the
|
8 | | direction of the Governor, transfer from the Traffic and |
9 | | Criminal
Conviction Surcharge Fund to the General Revenue Fund |
10 | | in the State Treasury
such amounts as the Governor determines |
11 | | are in excess of the amounts
required to meet the obligations |
12 | | of the Traffic and Criminal Conviction
Surcharge Fund.
|
13 | | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; |
14 | | 98-743, eff. 1-1-15; 99-78, eff. 7-20-15.)
|
15 | | Section 5-30. The Law Enforcement Camera Grant Act is |
16 | | amended by changing Section 25 as follows: |
17 | | (50 ILCS 707/25) |
18 | | Sec. 25. No fund sweep. Notwithstanding any other provision |
19 | | of law, moneys in the Law Enforcement Camera Grant Fund may not |
20 | | be appropriated, assigned, or transferred to another State |
21 | | fund , except that, notwithstanding any other provision of law, |
22 | | in addition to any other transfers that may be provided by law, |
23 | | on the effective date of this amendatory Act of the 99th |
24 | | General Assembly, or as soon thereafter as practical, the State |
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1 | | Comptroller shall direct and the State Treasurer shall transfer |
2 | | the sum of $2,000,000 from the Law Enforcement Camera Grant |
3 | | Fund 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 |
6 | | Section 18-8.05 as follows:
|
7 | | (105 ILCS 5/18-8.05)
|
8 | | Sec. 18-8.05. Basis for apportionment of general State |
9 | | financial aid and
supplemental general State aid to the common |
10 | | schools for the 1998-1999 and
subsequent school years.
|
11 | | (A) General Provisions. |
12 | | (1) The provisions of this Section apply to the 1998-1999 |
13 | | and subsequent
school years. The system of general State |
14 | | financial aid provided for in this
Section
is designed to |
15 | | assure that, through a combination of State financial aid and
|
16 | | required local resources, the financial support provided each |
17 | | pupil in Average
Daily Attendance equals or exceeds a
|
18 | | prescribed per pupil Foundation Level. This formula approach |
19 | | imputes a level
of per pupil Available Local Resources and |
20 | | provides for the basis to calculate
a per pupil level of |
21 | | general State financial aid that, when added to Available
Local |
22 | | Resources, equals or exceeds the Foundation Level. The
amount |
23 | | of per pupil general State financial aid for school districts, |
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1 | | in
general, varies in inverse
relation to Available Local |
2 | | Resources. Per pupil amounts are based upon
each school |
3 | | district's Average Daily Attendance as that term is defined in |
4 | | this
Section. |
5 | | (2) In addition to general State financial aid, school |
6 | | districts with
specified levels or concentrations of pupils |
7 | | from low income households are
eligible to receive supplemental |
8 | | general State financial aid grants as provided
pursuant to |
9 | | subsection (H).
The supplemental State aid grants provided for |
10 | | school districts under
subsection (H) shall be appropriated for |
11 | | distribution to school districts as
part of the same line item |
12 | | in which the general State financial aid of school
districts is |
13 | | appropriated under this Section. |
14 | | (3) To receive financial assistance under this Section, |
15 | | school districts
are required to file claims with the State |
16 | | Board 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 |
17 | | board of any district
receiving any of the grants provided for |
18 | | in this Section may apply those funds
to any fund so received |
19 | | for which that board is authorized to make expenditures
by law. |
20 | | School districts are not required to exert a minimum |
21 | | Operating Tax Rate in
order to qualify for assistance under |
22 | | this Section. |
23 | | (5) As used in this Section the following terms, when |
24 | | capitalized, 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 |
22 | | State representing
the minimum level of per pupil financial |
23 | | support that should be available to
provide for the basic |
24 | | education of each pupil in
Average Daily Attendance. As set |
25 | | forth in this Section, each school district
is assumed to exert
|
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1 | | a sufficient local taxing effort such that, in combination with |
2 | | the aggregate
of general State
financial aid provided the |
3 | | district, an aggregate of State and local resources
are |
4 | | available to meet
the basic education needs of pupils in the |
5 | | district. |
6 | | (2) For the 1998-1999 school year, the Foundation Level of |
7 | | support is
$4,225. For the 1999-2000 school year, the |
8 | | Foundation Level of support is
$4,325. For the 2000-2001 school |
9 | | year, the Foundation Level of support is
$4,425. For the |
10 | | 2001-2002 school year and 2002-2003 school year, the
Foundation |
11 | | Level of support is $4,560. For the 2003-2004 school year, the |
12 | | Foundation Level of support is $4,810. For the 2004-2005 school |
13 | | year, the Foundation Level of support is $4,964.
For the |
14 | | 2005-2006 school year,
the Foundation Level of support is |
15 | | $5,164. For the 2006-2007 school year, the Foundation Level of |
16 | | support is $5,334. For the 2007-2008 school year, the |
17 | | Foundation Level of support is $5,734. For the 2008-2009 school |
18 | | year, the Foundation Level of support is $5,959. |
19 | | (3) For the 2009-2010 school year and each school year |
20 | | thereafter,
the Foundation Level of support is $6,119 or such |
21 | | greater amount as
may be established by law by the General |
22 | | Assembly.
|
23 | | (C) Average Daily Attendance. |
24 | | (1) For purposes of calculating general State aid pursuant |
25 | | to subsection
(E), an Average Daily Attendance figure shall be |
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| | SB1810 Enrolled | - 50 - | LRB099 00139 KTG 20139 b |
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|
1 | | utilized. The Average Daily
Attendance figure for formula
|
2 | | calculation purposes shall be the monthly average of the actual |
3 | | number of
pupils in attendance of
each school district, as |
4 | | further averaged for the best 3 months of pupil
attendance for |
5 | | each
school district. In compiling the figures for the number |
6 | | of pupils in
attendance, school districts
and the State Board |
7 | | of Education shall, for purposes of general State aid
funding, |
8 | | conform
attendance figures to the requirements of subsection |
9 | | (F). |
10 | | (2) The Average Daily Attendance figures utilized in |
11 | | subsection (E) shall be
the requisite attendance data for the |
12 | | school year immediately preceding
the
school year for which |
13 | | general State aid is being calculated
or the average of the |
14 | | attendance data for the 3 preceding school
years, whichever is |
15 | | greater. The Average Daily Attendance figures
utilized in |
16 | | subsection (H) shall be the requisite attendance data for the
|
17 | | school year immediately preceding the school year for which |
18 | | general
State aid is being calculated.
|
19 | | (D) Available Local Resources. |
20 | | (1) For purposes of calculating general State aid pursuant |
21 | | to subsection
(E), a representation of Available Local |
22 | | Resources per pupil, as that term is
defined and determined in |
23 | | this subsection, shall be utilized. Available Local
Resources |
24 | | per pupil shall include a calculated
dollar amount representing |
25 | | local school district revenues from local property
taxes and |
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|
1 | | from
Corporate Personal Property Replacement Taxes, expressed |
2 | | on the basis of pupils
in Average
Daily Attendance. Calculation |
3 | | of Available Local Resources shall exclude any tax amnesty |
4 | | funds received as a result of Public Act 93-26. |
5 | | (2) In determining a school district's revenue from local |
6 | | property taxes,
the State Board of Education shall utilize the |
7 | | equalized assessed valuation of
all taxable property of each |
8 | | school
district as of September 30 of the previous year. The |
9 | | equalized assessed
valuation utilized shall
be obtained and |
10 | | determined as provided in subsection (G). |
11 | | (3) For school districts maintaining grades kindergarten |
12 | | through 12, local
property tax
revenues per pupil shall be |
13 | | calculated as the product of the applicable
equalized assessed
|
14 | | valuation for the district multiplied by 3.00%, and divided by |
15 | | the district's
Average Daily
Attendance figure. For school |
16 | | districts maintaining grades kindergarten
through 8, local
|
17 | | property tax revenues per pupil shall be calculated as the |
18 | | product of the
applicable equalized
assessed valuation for the |
19 | | district multiplied by 2.30%, and divided by the
district's |
20 | | Average
Daily Attendance figure. For school districts |
21 | | maintaining grades 9 through 12,
local property
tax revenues |
22 | | per pupil shall be the applicable equalized assessed valuation |
23 | | of
the district
multiplied by 1.05%, and divided by the |
24 | | district's Average Daily
Attendance
figure. |
25 | | For partial elementary unit districts created pursuant to |
26 | | Article 11E of this Code, local property tax revenues per pupil |
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1 | | shall be calculated as the product of the equalized assessed |
2 | | valuation for property within the partial elementary unit |
3 | | district for elementary purposes, as defined in Article 11E of |
4 | | this Code, multiplied by 2.06% and divided by the district's |
5 | | Average Daily Attendance figure, plus the product of the |
6 | | equalized assessed valuation for property within the partial |
7 | | elementary unit district for high school purposes, as defined |
8 | | in Article 11E of this Code, multiplied by 0.94% and divided by |
9 | | the district's Average Daily Attendance figure.
|
10 | | (4) The Corporate Personal Property Replacement Taxes paid |
11 | | to each school
district during the calendar year one year |
12 | | before the calendar year in which a
school year begins, divided |
13 | | by the Average Daily Attendance figure for that
district, shall |
14 | | be added to the local property tax revenues per pupil as
|
15 | | derived by the application of the immediately preceding |
16 | | paragraph (3). The sum
of these per pupil figures for each |
17 | | school district shall constitute Available
Local Resources as |
18 | | that term is utilized in subsection (E) in the calculation
of |
19 | | general State aid.
|
20 | | (E) Computation of General State Aid. |
21 | | (1) For each school year, the amount of general State aid |
22 | | allotted to a
school district shall be computed by the State |
23 | | Board of Education as provided
in this subsection. |
24 | | (2) For any school district for which Available Local |
25 | | Resources per pupil
is less than the product of 0.93 times the |
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1 | | Foundation Level, general State aid
for that district shall be |
2 | | calculated as an amount equal to the Foundation
Level minus |
3 | | Available Local Resources, multiplied by the Average Daily
|
4 | | Attendance of the school district. |
5 | | (3) For any school district for which Available Local |
6 | | Resources per pupil
is equal to or greater than the product of |
7 | | 0.93 times the Foundation Level and
less than the product of |
8 | | 1.75 times the Foundation Level, the general State aid
per |
9 | | pupil shall be a decimal proportion of the Foundation Level |
10 | | derived using a
linear algorithm. Under this linear algorithm, |
11 | | the calculated general State
aid per pupil shall decline in |
12 | | direct linear fashion from 0.07 times the
Foundation Level for |
13 | | a school district with Available Local Resources equal to
the |
14 | | product of 0.93 times the Foundation Level, to 0.05 times the |
15 | | Foundation
Level for a school district with Available Local |
16 | | Resources equal to the product
of 1.75 times the Foundation |
17 | | Level. The allocation of general
State aid for school districts |
18 | | subject to this paragraph 3 shall be the
calculated general |
19 | | State aid
per pupil figure multiplied by the Average Daily |
20 | | Attendance of the school
district. |
21 | | (4) For any school district for which Available Local |
22 | | Resources per pupil
equals or exceeds the product of 1.75 times |
23 | | the Foundation Level, the general
State aid for the school |
24 | | district shall be calculated as the product of $218
multiplied |
25 | | by the Average Daily Attendance of the school
district. |
26 | | (5) The amount of general State aid allocated to a school |
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1 | | district for
the 1999-2000 school year meeting the requirements |
2 | | set forth in paragraph (4)
of subsection
(G) shall be increased |
3 | | by an amount equal to the general State aid that
would have |
4 | | been received by the district for the 1998-1999 school year by
|
5 | | utilizing the Extension Limitation Equalized Assessed |
6 | | Valuation as calculated
in paragraph (4) of subsection (G) less |
7 | | the general State aid allotted for the
1998-1999
school year. |
8 | | This amount shall be deemed a one time increase, and shall not
|
9 | | affect 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, |
12 | | submit to the State
Board of Education, on forms prescribed by |
13 | | the State Board of Education,
attendance figures for the school |
14 | | year that began in the preceding calendar
year. The attendance |
15 | | information so transmitted shall identify the average
daily |
16 | | attendance figures for each month of the school year. Beginning |
17 | | with
the general State aid claim form for the 2002-2003 school
|
18 | | year, districts shall calculate Average Daily Attendance as |
19 | | provided 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
|
17 | | attendance by pupils shall be counted only for sessions of not |
18 | | less than
5 clock hours of school work per day under direct |
19 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or |
20 | | volunteer personnel when engaging
in non-teaching duties and |
21 | | supervising in those instances specified in
subsection (a) of |
22 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
23 | | of legal school age and in kindergarten and grades 1 through |
24 | | 12. Days of attendance by pupils through verified participation |
25 | | in an e-learning program approved by the State Board of |
26 | | Education under Section 10-20.56 of the Code shall be |
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1 | | considered as full days of attendance for purposes of this |
2 | | Section. |
3 | | Days of attendance by tuition pupils shall be accredited |
4 | | only to the
districts that pay the tuition to a recognized |
5 | | school. |
6 | | (2) Days of attendance by pupils of less than 5 clock hours |
7 | | of school
shall be subject to the following provisions in the |
8 | | compilation 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 |
5 | | Resources required
pursuant to subsection (D), the
State Board |
6 | | of Education shall secure from the Department of
Revenue the |
7 | | value as equalized or assessed by the Department of Revenue of
|
8 | | all taxable property of every school district, together with |
9 | | (i) the applicable
tax rate used in extending taxes for the |
10 | | funds of the district as of
September 30 of the previous year
|
11 | | and (ii) the limiting rate for all school
districts subject to |
12 | | property tax extension limitations as imposed under the
|
13 | | Property Tax Extension Limitation Law.
|
14 | | The Department of Revenue shall add to the equalized |
15 | | assessed value of all
taxable
property of each school district |
16 | | situated entirely or partially within a county
that is or was |
17 | | subject to the
provisions of Section 15-176 or 15-177 of the |
18 | | Property Tax Code (a)
an amount equal to the total amount by |
19 | | which the
homestead exemption allowed under Section 15-176 or |
20 | | 15-177 of the Property Tax Code for
real
property situated in |
21 | | that school district exceeds the total amount that would
have |
22 | | been
allowed in that school district if the maximum reduction |
23 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in |
24 | | all other counties in tax year 2003 or (ii) $5,000 in all |
25 | | counties in tax year 2004 and thereafter and (b) an amount |
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1 | | equal to the aggregate amount for the taxable year of all |
2 | | additional exemptions under Section 15-175 of the Property Tax |
3 | | Code for owners with a household income of $30,000 or less. The |
4 | | county clerk of any county that is or was subject to the |
5 | | provisions of Section 15-176 or 15-177 of the Property Tax Code |
6 | | shall
annually calculate and certify to the Department of |
7 | | Revenue for each school
district all
homestead exemption |
8 | | amounts under Section 15-176 or 15-177 of the Property Tax Code |
9 | | and all amounts of additional exemptions under Section 15-175 |
10 | | of 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 |
12 | | general homestead exemption for a parcel of property is |
13 | | determined under Section 15-176 or 15-177 of the Property Tax |
14 | | Code rather than Section 15-175, then the calculation of |
15 | | Available Local Resources shall not be affected by the |
16 | | difference, if any, between the amount of the general homestead |
17 | | exemption allowed for that parcel of property under Section |
18 | | 15-176 or 15-177 of the Property Tax Code and the amount that |
19 | | would have been allowed had the general homestead exemption for |
20 | | that parcel of property been determined under Section 15-175 of |
21 | | the Property Tax Code. It is further the intent of this |
22 | | paragraph that if additional exemptions are allowed under |
23 | | Section 15-175 of the Property Tax Code for owners with a |
24 | | household income of less than $30,000, then the calculation of |
25 | | Available Local Resources shall not be affected by the |
26 | | difference, if any, because of those additional exemptions. |
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1 | | This equalized assessed valuation, as adjusted further by |
2 | | the requirements of
this subsection, shall be utilized in the |
3 | | calculation of Available Local
Resources. |
4 | | (2) The equalized assessed valuation in paragraph (1) shall |
5 | | be 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 |
18 | | thereafter, if a
school district meets all of the criteria of |
19 | | this subsection (G)(3), the school
district's Available Local |
20 | | Resources shall be calculated under subsection (D)
using the |
21 | | district's Extension Limitation Equalized Assessed Valuation |
22 | | as
calculated under this
subsection (G)(3). |
23 | | For purposes of this subsection (G)(3) the following terms |
24 | | shall 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 |
21 | | limitations as
imposed under
the Property Tax Extension |
22 | | Limitation Law, the State Board of Education shall
calculate |
23 | | the Extension
Limitation
Equalized Assessed Valuation of that |
24 | | district. For the 1999-2000 school
year, the
Extension |
25 | | Limitation Equalized Assessed Valuation of a school district as
|
26 | | calculated by the State Board of Education shall be equal to |
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1 | | the product of the
district's 1996 Equalized Assessed Valuation |
2 | | and the district's Extension
Limitation Ratio. Except as |
3 | | otherwise provided in this paragraph for a school district that |
4 | | has approved or does approve an increase in its limiting rate, |
5 | | for the 2000-2001 school year and each school year
thereafter,
|
6 | | the Extension Limitation Equalized Assessed Valuation of a |
7 | | school district as
calculated by the State Board of Education |
8 | | shall be equal to the product of
the Equalized Assessed |
9 | | Valuation last used in the calculation of general State
aid and |
10 | | the
district's Extension Limitation Ratio. If the Extension |
11 | | Limitation
Equalized
Assessed Valuation of a school district as |
12 | | calculated under
this subsection (G)(3) is less than the |
13 | | district's equalized assessed valuation
as calculated pursuant |
14 | | to subsections (G)(1) and (G)(2), then for purposes of
|
15 | | calculating the district's general State aid for the Budget |
16 | | Year pursuant to
subsection (E), that Extension
Limitation |
17 | | Equalized Assessed Valuation shall be utilized to calculate the
|
18 | | district's Available Local Resources
under subsection (D). For |
19 | | the 2009-2010 school year and each school year thereafter, if a |
20 | | school district has approved or does approve an increase in its |
21 | | limiting rate, pursuant to Section 18-190 of the Property Tax |
22 | | Code, affecting the Base Tax Year, the Extension Limitation |
23 | | Equalized Assessed Valuation of the school district, as |
24 | | calculated by the State Board of Education, shall be equal to |
25 | | the product of the Equalized Assessed Valuation last used in |
26 | | the calculation of general State aid times an amount equal to |
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1 | | one plus the percentage increase, if any, in the Consumer Price |
2 | | Index for all Urban Consumers for all items published by the |
3 | | United States Department of Labor for the 12-month calendar |
4 | | year preceding the Base Tax Year, plus the Equalized Assessed |
5 | | Valuation of new property, annexed property, and recovered tax |
6 | | increment value and minus the Equalized Assessed Valuation of |
7 | | disconnected property. New property and recovered tax |
8 | | increment value shall have the meanings set forth in the |
9 | | Property Tax Extension Limitation Law. |
10 | | Partial elementary unit districts created in accordance |
11 | | with Article 11E of this Code shall not be eligible for the |
12 | | adjustment in this subsection (G)(3) until the fifth year |
13 | | following the effective date of the reorganization.
|
14 | | (3.5) For the 2010-2011 school year and each school year |
15 | | thereafter, if a school district's boundaries span multiple |
16 | | counties, then the Department of Revenue shall send to the |
17 | | State Board of Education, for the purpose of calculating |
18 | | general State aid, the limiting rate and individual rates by |
19 | | purpose for the county that contains the majority of the school |
20 | | district's Equalized Assessed Valuation. |
21 | | (4) For the purposes of calculating general State aid for |
22 | | the 1999-2000
school year only, if a school district |
23 | | experienced a triennial reassessment on
the equalized assessed |
24 | | valuation used in calculating its general State
financial aid |
25 | | apportionment for the 1998-1999 school year, the State Board of
|
26 | | Education shall calculate the Extension Limitation Equalized |
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1 | | Assessed Valuation
that would have been used to calculate the |
2 | | district's 1998-1999 general State
aid. This amount shall equal |
3 | | the product of the equalized assessed valuation
used to
|
4 | | calculate general State aid for the 1997-1998 school year and |
5 | | the district's
Extension Limitation Ratio. If the Extension |
6 | | Limitation Equalized Assessed
Valuation of the school district |
7 | | as calculated under this paragraph (4) is
less than the |
8 | | district's equalized assessed valuation utilized in |
9 | | calculating
the
district's 1998-1999 general State aid |
10 | | allocation, then for purposes of
calculating the district's |
11 | | general State aid pursuant to paragraph (5) of
subsection (E),
|
12 | | that Extension Limitation Equalized Assessed Valuation shall |
13 | | be utilized to
calculate the district's Available Local |
14 | | Resources. |
15 | | (5) For school districts having a majority of their |
16 | | equalized assessed
valuation in any county except Cook, DuPage, |
17 | | Kane, Lake, McHenry, or Will, if
the amount of general State |
18 | | aid allocated to the school district for the
1999-2000 school |
19 | | year under the provisions of subsection (E), (H), and (J) of
|
20 | | this Section is less than the amount of general State aid |
21 | | allocated to the
district for the 1998-1999 school year under |
22 | | these subsections, then the
general
State aid of the district |
23 | | for the 1999-2000 school year only shall be increased
by the |
24 | | difference between these amounts. The total payments made under |
25 | | this
paragraph (5) shall not exceed $14,000,000. Claims shall |
26 | | be 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 |
3 | | is allotted
pursuant to subsection (E), qualifying school |
4 | | districts shall receive a grant,
paid in conjunction with a |
5 | | district's payments of general State aid, for
supplemental |
6 | | general State aid based upon the concentration level of |
7 | | children
from low-income households within the school |
8 | | district.
Supplemental State aid grants provided for school |
9 | | districts under this
subsection shall be appropriated for |
10 | | distribution to school districts as part
of the same line item |
11 | | in which the general State financial aid of school
districts is |
12 | | appropriated under this Section.
|
13 | | (1.5) This paragraph (1.5) applies only to those school |
14 | | years
preceding the 2003-2004 school year.
For purposes of this
|
15 | | subsection (H), the term "Low-Income Concentration Level" |
16 | | shall be the
low-income
eligible pupil count from the most |
17 | | recently available federal census divided by
the Average Daily |
18 | | Attendance of the school district.
If, however, (i) the |
19 | | percentage decrease from the 2 most recent federal
censuses
in |
20 | | the low-income eligible pupil count of a high school district |
21 | | with fewer
than 400 students exceeds by 75% or more the |
22 | | percentage change in the total
low-income eligible pupil count |
23 | | of contiguous elementary school districts,
whose boundaries |
24 | | are coterminous with the high school district,
or (ii) a high |
25 | | school district within 2 counties and serving 5 elementary
|
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1 | | school
districts, whose boundaries are coterminous with the |
2 | | high school
district, has a percentage decrease from the 2 most |
3 | | recent federal
censuses in the low-income eligible pupil count |
4 | | and there is a percentage
increase in the total low-income |
5 | | eligible pupil count of a majority of the
elementary school |
6 | | districts in excess of 50% from the 2 most recent
federal |
7 | | censuses, then
the
high school district's low-income eligible |
8 | | pupil count from the earlier federal
census
shall be the number |
9 | | used as the low-income eligible pupil count for the high
school |
10 | | district, for purposes of this subsection (H).
The changes made |
11 | | to this paragraph (1) by Public Act 92-28 shall apply to
|
12 | | supplemental general State aid
grants for school years |
13 | | preceding the 2003-2004 school year that are paid
in fiscal |
14 | | year 1999 or thereafter
and to
any State aid payments made in |
15 | | fiscal year 1994 through fiscal year
1998 pursuant to |
16 | | subsection 1(n) of Section 18-8 of this Code (which was
|
17 | | repealed on July 1, 1998), and any high school district that is |
18 | | affected by
Public Act 92-28 is
entitled to a
recomputation of |
19 | | its supplemental general State aid grant or State aid
paid in |
20 | | any of those fiscal years. This recomputation shall not be
|
21 | | affected by any other funding. |
22 | | (1.10) This paragraph (1.10) applies to the 2003-2004 |
23 | | school year
and each school year thereafter. For purposes of |
24 | | this subsection (H), the
term "Low-Income Concentration Level" |
25 | | shall, for each fiscal year, be the
low-income eligible
pupil |
26 | | count
as of July 1 of the immediately preceding fiscal year
(as |
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1 | | determined by the Department of Human Services based
on the |
2 | | number of pupils
who are eligible for at least one of the |
3 | | following
low income programs: Medicaid, the Children's Health |
4 | | Insurance Program, TANF, or Food Stamps,
excluding pupils who |
5 | | are eligible for services provided by the Department
of |
6 | | Children and Family Services,
averaged over
the 2 immediately |
7 | | preceding fiscal years for fiscal year 2004 and over the 3
|
8 | | immediately preceding fiscal years for each fiscal year |
9 | | thereafter)
divided by the Average Daily Attendance of the |
10 | | school district. |
11 | | (2) Supplemental general State aid pursuant to this |
12 | | subsection (H) shall
be
provided as follows for the 1998-1999, |
13 | | 1999-2000, 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 |
13 | | subsection (H)
shall be provided as follows for the 2002-2003 |
14 | | school 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 |
14 | | State aid
pursuant to this subsection
(H) shall be provided as |
15 | | follows for the 2003-2004 school year and each
school year |
16 | | thereafter: |
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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1 | | thereafter through the 2008-2009 school year only, the grant |
2 | | shall be no less than the
grant
for
the 2002-2003 school year. |
3 | | For the 2009-2010 school year only, the grant shall
be no
less |
4 | | than the grant for the 2002-2003 school year multiplied by |
5 | | 0.66. For the 2010-2011
school year only, the grant shall be no |
6 | | less than the grant for the 2002-2003
school year
multiplied by |
7 | | 0.33. Notwithstanding the provisions of this paragraph to the |
8 | | contrary, if for any school year supplemental general State aid |
9 | | grants are prorated as provided in paragraph (1) of this |
10 | | subsection (H), then the grants under this paragraph shall be |
11 | | prorated.
|
12 | | For the 2003-2004 school year only, the grant shall be no |
13 | | greater
than the grant received during the 2002-2003 school |
14 | | year added to the
product of 0.25 multiplied by the difference |
15 | | between the grant amount
calculated under subsection (a) or (b) |
16 | | of this paragraph (2.10), whichever
is applicable, and the |
17 | | grant received during the 2002-2003 school year.
For the |
18 | | 2004-2005 school year only, the grant shall be no greater than
|
19 | | the grant received during the 2002-2003 school year added to |
20 | | the
product of 0.50 multiplied by the difference between the |
21 | | grant amount
calculated under subsection (a) or (b) of this |
22 | | paragraph (2.10), whichever
is applicable, and the grant |
23 | | received during the 2002-2003 school year.
For the 2005-2006 |
24 | | school year only, the grant shall be no greater than
the grant |
25 | | received during the 2002-2003 school year added to the
product |
26 | | of 0.75 multiplied by the difference between the grant amount
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1 | | calculated under subsection (a) or (b) of this paragraph |
2 | | (2.10), whichever
is applicable, and the grant received during |
3 | | the 2002-2003
school year. |
4 | | (3) School districts with an Average Daily Attendance of |
5 | | more than 1,000
and less than 50,000 that qualify for |
6 | | supplemental general State aid pursuant
to this subsection |
7 | | shall submit a plan to the State Board of Education prior to
|
8 | | October 30 of each year for the use of the funds resulting from |
9 | | this grant of
supplemental general State aid for the |
10 | | improvement of
instruction in which priority is given to |
11 | | meeting the education needs of
disadvantaged children. Such |
12 | | plan shall be submitted in accordance with
rules and |
13 | | regulations promulgated by the State Board of Education. |
14 | | (4) School districts with an Average Daily Attendance of |
15 | | 50,000 or more
that qualify for supplemental general State aid |
16 | | pursuant to this subsection
shall be required to distribute |
17 | | from 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 |
15 | | of a public
university that operates a laboratory school under |
16 | | this Section or to any
alternative school that is operated by a |
17 | | regional superintendent of schools,
the State
Board of |
18 | | Education shall require by rule such reporting requirements as |
19 | | it
deems necessary. |
20 | | As used in this Section, "laboratory school" means a public |
21 | | school which is
created and operated by a public university and |
22 | | approved by the State Board of
Education. The governing board |
23 | | of a public university which receives funds
from the State |
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1 | | Board under this subsection (K) may not increase the number of
|
2 | | students enrolled in its laboratory
school from a single |
3 | | district, if that district is already sending 50 or more
|
4 | | students, except under a mutual agreement between the school |
5 | | board of a
student's district of residence and the university |
6 | | which operates the
laboratory school. A laboratory school may |
7 | | not have more than 1,000 students,
excluding students with |
8 | | disabilities in a special education program. |
9 | | As used in this Section, "alternative school" means a |
10 | | public school which is
created and operated by a Regional |
11 | | Superintendent of Schools and approved by
the State Board of |
12 | | Education. Such alternative schools may offer courses of
|
13 | | instruction for which credit is given in regular school |
14 | | programs, courses to
prepare students for the high school |
15 | | equivalency testing program or vocational
and occupational |
16 | | training. A regional superintendent of schools may contract
|
17 | | with a school district or a public community college district |
18 | | to operate an
alternative school. An alternative school serving |
19 | | more than one educational
service region may be established by |
20 | | the regional superintendents of schools
of the affected |
21 | | educational service regions. An alternative school
serving |
22 | | more than one educational service region may be operated under |
23 | | such
terms as the regional superintendents of schools of those |
24 | | educational service
regions may agree. |
25 | | Each laboratory and alternative school shall file, on forms |
26 | | provided by the
State Superintendent of Education, an annual |
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1 | | State aid claim which states the
Average Daily Attendance of |
2 | | the school's students by month. The best 3 months'
Average |
3 | | Daily Attendance shall be computed for each school.
The general |
4 | | State aid entitlement shall be computed by multiplying the
|
5 | | applicable Average Daily Attendance by the Foundation Level as |
6 | | determined under
this Section.
|
7 | | (L) Payments, Additional Grants in Aid and Other Requirements. |
8 | | (1) For a school district operating under the financial |
9 | | supervision
of an Authority created under Article 34A, the |
10 | | general State aid otherwise
payable to that district under this |
11 | | Section, but not the supplemental general
State aid, shall be |
12 | | reduced by an amount equal to the budget for
the operations of |
13 | | the Authority as certified by the Authority to the State
Board |
14 | | of Education, and an amount equal to such reduction shall be |
15 | | paid
to the Authority created for such district for its |
16 | | operating expenses in
the manner provided in Section 18-11. The |
17 | | remainder
of general State school aid for any such district |
18 | | shall be paid in accordance
with Article 34A when that Article |
19 | | provides for a disposition other than that
provided by this |
20 | | Article. |
21 | | (2) (Blank). |
22 | | (3) Summer school. Summer school payments shall be made as |
23 | | provided in
Section 18-4.3.
|
24 | | (M) Education Funding Advisory Board. |
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1 | | The Education Funding Advisory
Board, hereinafter in this |
2 | | subsection (M) referred to as the "Board", is hereby
created. |
3 | | The Board
shall consist of 5 members who are appointed by the |
4 | | Governor, by and with the
advice and consent of the Senate. The |
5 | | members appointed shall include
representatives of education, |
6 | | business, and the general public. One of the
members so |
7 | | appointed shall be
designated by the Governor at the time the |
8 | | appointment is made as the
chairperson of the
Board.
The |
9 | | initial members of the Board may
be appointed any time after |
10 | | the effective date of this amendatory Act of
1997. The regular |
11 | | term of each member of the
Board shall be for 4 years from the |
12 | | third Monday of January of the
year in which the term of the |
13 | | member's appointment is to commence, except that
of the 5 |
14 | | initial members appointed to serve on the
Board, the member who |
15 | | is appointed as the chairperson shall serve for
a term that |
16 | | commences on the date of his or her appointment and expires on |
17 | | the
third Monday of January, 2002, and the remaining 4 members, |
18 | | by lots drawn at
the first meeting of the Board that is
held
|
19 | | after all 5 members are appointed, shall determine 2 of their |
20 | | number to serve
for terms that commence on the date of their
|
21 | | respective appointments and expire on the third
Monday of |
22 | | January, 2001,
and 2 of their number to serve for terms that |
23 | | commence
on the date of their respective appointments and |
24 | | expire on the third Monday
of January, 2000. All members |
25 | | appointed to serve on the
Board shall serve until their |
26 | | respective successors are
appointed and confirmed. Vacancies |
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1 | | shall be filled in the same manner as
original appointments. If |
2 | | a vacancy in membership occurs at a time when the
Senate is not |
3 | | in session, the Governor shall make a temporary appointment |
4 | | until
the next meeting of the Senate, when he or she shall |
5 | | appoint, by and with the
advice and consent of the Senate, a |
6 | | person to fill that membership for the
unexpired term. If the |
7 | | Senate is not in session when the initial appointments
are |
8 | | made, those appointments shall
be made as in the case of |
9 | | vacancies. |
10 | | The Education Funding Advisory Board shall be deemed |
11 | | established,
and the initial
members appointed by the Governor |
12 | | to serve as members of the
Board shall take office,
on the date |
13 | | that the
Governor makes his or her appointment of the fifth |
14 | | initial member of the
Board, whether those initial members are |
15 | | then serving
pursuant to appointment and confirmation or |
16 | | pursuant to temporary appointments
that are made by the |
17 | | Governor as in the case of vacancies. |
18 | | The State Board of Education shall provide such staff |
19 | | assistance to the
Education Funding Advisory Board as is |
20 | | reasonably required for the proper
performance by the Board of |
21 | | its responsibilities. |
22 | | For school years after the 2000-2001 school year, the |
23 | | Education
Funding Advisory Board, in consultation with the |
24 | | State Board of Education,
shall make recommendations as |
25 | | provided in this subsection (M) to the General
Assembly for the |
26 | | foundation level under subdivision (B)(3) of this Section and
|
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1 | | for the
supplemental general State aid grant level under |
2 | | subsection (H) of this Section
for districts with high |
3 | | concentrations of children from poverty. The
recommended |
4 | | foundation level shall be determined based on a methodology |
5 | | which
incorporates the basic education expenditures of |
6 | | low-spending schools
exhibiting high academic performance. The |
7 | | Education Funding Advisory Board
shall make such |
8 | | recommendations to the General Assembly on January 1 of odd
|
9 | | numbered years, beginning January 1, 2001.
|
10 | | (N) (Blank).
|
11 | | (O) References. |
12 | | (1) References in other laws to the various subdivisions of
|
13 | | Section 18-8 as that Section existed before its repeal and |
14 | | replacement by this
Section 18-8.05 shall be deemed to refer to |
15 | | the corresponding provisions of
this Section 18-8.05, to the |
16 | | extent that those references remain applicable. |
17 | | (2) References in other laws to State Chapter 1 funds shall |
18 | | be deemed to
refer to the supplemental general State aid |
19 | | provided under subsection (H) of
this Section. |
20 | | (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
21 | | changes to this Section. Under Section 6 of the Statute on |
22 | | Statutes there is an irreconcilable conflict between Public Act |
23 | | 93-808 and Public Act 93-838. Public Act 93-838, being the last |
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1 | | acted upon, is controlling. The text of Public Act 93-838 is |
2 | | the 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 |
5 | | Board of Education shall, for each school district, calculate |
6 | | that district's pro-rata share of a minimum sum of $13,600,000 |
7 | | or additional amounts as needed from the total net General |
8 | | State Aid funding as calculated under this Section that shall |
9 | | be deemed attributable to the provision of special educational |
10 | | facilities and services, as defined in Section 14-1.08 of this |
11 | | Code, in a manner that ensures compliance with maintenance of |
12 | | State financial support requirements under the federal |
13 | | Individuals with Disabilities Education Act. Each school |
14 | | district must use such funds only for the provision of special |
15 | | educational facilities and services, as defined in Section |
16 | | 14-1.08 of this Code, and must comply with any expenditure |
17 | | verification procedures adopted by the State Board of |
18 | | Education. |
19 | | (R) State Fiscal Year 2016 Payments. |
20 | | For payments made for State fiscal year 2016, the State |
21 | | Board of Education shall, for each school district, calculate |
22 | | that district's pro rata share of a minimum sum of $1 or |
23 | | additional amounts as needed from the total net General State |
24 | | Aid funding as calculated under this Section that shall be |
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1 | | deemed attributable to the provision of special educational |
2 | | facilities and services, as defined in Section 14-1.08 of this |
3 | | Code, in a manner that ensures compliance with maintenance of |
4 | | State financial support requirements under the federal |
5 | | Individuals with Disabilities Education Act. Each school |
6 | | district must use such funds only for the provision of special |
7 | | educational facilities and services, as defined in Section |
8 | | 14-1.08 of this Code, and must comply with any expenditure |
9 | | verification procedures adopted by the State Board of |
10 | | Education. |
11 | | (Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194, |
12 | | eff. 7-30-15.) |
13 | | Section 5-40. The Board of Higher Education Act is amended |
14 | | by 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 |
18 | | situation that requires a reduction or reallocation of staff |
19 | | and expenditures and the consequent reduction, reorganization, |
20 | | or termination of programs and activities that cannot be |
21 | | achieved through normal academic, administrative, budgetary, |
22 | | and personnel processes. |
23 | | (b) In fiscal year 2017 the Board, in consultation with the |
24 | | Illinois Community College Board, shall conduct a review to |
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1 | | determine the existence of a financial emergency at a public |
2 | | institution of higher education that requires financial |
3 | | assistance from the Board, but only after the institution's |
4 | | governing board has formally requested the review by adopting a |
5 | | resolution stating that the institution is in a state of |
6 | | financial emergency that requires financial assistance from |
7 | | the Board. To be in a state of financial emergency, the
|
8 | | institution must demonstrate that it is significantly |
9 | | diminishing all available resources and must satisfy any other |
10 | | factors determined appropriate by the Board. Subject to |
11 | | appropriation, payments shall be made to institutions in a |
12 | | state of financial emergency, in such amounts as shall be |
13 | | deemed necessary by the Board, in order to minimize, to the |
14 | | extent practicable, adverse impacts to students as a |
15 | | consequence of emergent staff or programmatic reductions. |
16 | | ARTICLE 10. RETIREMENT CONTRIBUTIONS |
17 | | Section 10-5. The State Finance Act is amended by changing |
18 | | Sections 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 |
22 | | exclusively
for the administration of the Uniform Disposition |
23 | | of Unclaimed Property Act and
for the expenses incurred by the |
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1 | | Auditor General for administering the provisions of Section |
2 | | 2-8.1 of the Illinois State Auditing Act and for the funding of |
3 | | the unfunded liabilities of the designated retirement systems. |
4 | | Beginning in State fiscal year 2018 2017 , payments to the |
5 | | designated retirement systems under this Section shall be in |
6 | | addition to, and not in lieu of, any State contributions |
7 | | required 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 |
17 | | from
the State Pensions Fund for the administration of the |
18 | | Uniform Disposition of
Unclaimed Property Act.
|
19 | | Each month, the Commissioner of the Office of Banks and |
20 | | Real Estate shall
certify to the State Treasurer the actual |
21 | | expenditures that the Office of
Banks and Real Estate incurred |
22 | | conducting unclaimed property examinations under
the Uniform |
23 | | Disposition of Unclaimed Property Act during the immediately
|
24 | | preceding month. Within a reasonable
time following the |
25 | | acceptance of such certification by the State Treasurer, the
|
26 | | State Treasurer shall pay from its appropriation from the State |
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1 | | Pensions Fund
to the Bank and Trust Company Fund, the Savings |
2 | | Bank Regulatory Fund, and the Residential Finance
Regulatory |
3 | | Fund an amount equal to the expenditures incurred by each Fund |
4 | | for
that month.
|
5 | | Each month, the Director of Financial Institutions shall
|
6 | | certify to the State Treasurer the actual expenditures that the |
7 | | Department of
Financial Institutions incurred conducting |
8 | | unclaimed property examinations
under the Uniform Disposition |
9 | | of Unclaimed Property Act during the immediately
preceding |
10 | | month. Within a reasonable time following the acceptance of |
11 | | such
certification by the State Treasurer, the State Treasurer |
12 | | shall pay from its
appropriation from the State Pensions Fund
|
13 | | to the Financial Institution Fund and the Credit Union Fund
an |
14 | | amount equal to the expenditures incurred by each Fund for
that |
15 | | month.
|
16 | | (c) As soon as possible after the effective date of this |
17 | | amendatory Act of the 93rd General Assembly, the General |
18 | | Assembly shall appropriate from the State Pensions Fund (1) to |
19 | | the State Universities Retirement System the amount certified |
20 | | under Section 15-165 during the prior year, (2) to the Judges |
21 | | Retirement System of Illinois the amount certified under |
22 | | Section 18-140 during the prior year, and (3) to the General |
23 | | Assembly Retirement System the amount certified under Section |
24 | | 2-134 during the prior year as part of the required
State |
25 | | contributions to each of those designated retirement systems; |
26 | | except that amounts appropriated under this subsection (c) in |
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1 | | State fiscal year 2005 shall not reduce the amount in the State |
2 | | Pensions Fund below $5,000,000. If the amount in the State |
3 | | Pensions Fund does not exceed the sum of the amounts certified |
4 | | in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, |
5 | | the amount paid to each designated retirement system under this |
6 | | subsection shall be reduced in proportion to the amount |
7 | | certified by each of those designated retirement systems.
|
8 | | (c-5) For fiscal years 2006 through 2017 2016 , the General |
9 | | Assembly shall appropriate from the State Pensions Fund to the |
10 | | State Universities Retirement System the amount estimated to be |
11 | | available during the fiscal year in the State Pensions Fund; |
12 | | provided, however, that the amounts appropriated under this |
13 | | subsection (c-5) shall not reduce the amount in the State |
14 | | Pensions Fund below $5,000,000.
|
15 | | (c-6) For fiscal year 2018 2017 and each fiscal year |
16 | | thereafter, as soon as may be practical after any money is |
17 | | deposited into the State Pensions Fund from the Unclaimed |
18 | | Property Trust Fund, the State Treasurer shall apportion the |
19 | | deposited amount among the designated retirement systems as |
20 | | defined in subsection (a) to reduce their actuarial reserve |
21 | | deficiencies. The State Comptroller and State Treasurer shall |
22 | | pay the apportioned amounts to the designated retirement |
23 | | systems to fund the unfunded liabilities of the designated |
24 | | retirement systems. The amount apportioned to each designated |
25 | | retirement system shall constitute a portion of the amount |
26 | | estimated to be available for appropriation from the State |
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1 | | Pensions Fund that is the same as that retirement system's |
2 | | portion of the total actual reserve deficiency of the systems, |
3 | | as determined annually by the Governor's Office of Management |
4 | | and Budget at the request of the State Treasurer. The amounts |
5 | | apportioned under this subsection shall not reduce the amount |
6 | | in the State Pensions Fund below $5,000,000. |
7 | | (d) The
Governor's Office of Management and Budget shall |
8 | | determine the individual and total
reserve deficiencies of the |
9 | | designated retirement systems. For this purpose,
the
|
10 | | Governor's Office of Management and Budget shall utilize the |
11 | | latest available audit and actuarial
reports of each of the |
12 | | retirement systems and the relevant reports and
statistics of |
13 | | the Public Employee Pension Fund Division of the Department of
|
14 | | Insurance.
|
15 | | (d-1) As soon as practicable after the effective date of |
16 | | this
amendatory Act of the 93rd General Assembly, the |
17 | | Comptroller shall
direct and the Treasurer shall transfer from |
18 | | the State Pensions Fund to
the General Revenue Fund, as funds |
19 | | become available, a sum equal to the
amounts that would have |
20 | | been paid
from the State Pensions Fund to the Teachers' |
21 | | Retirement System of the State
of Illinois,
the State |
22 | | Universities Retirement System, the Judges Retirement
System |
23 | | of Illinois, the
General Assembly Retirement System, and the |
24 | | State Employees'
Retirement System
of Illinois
after the |
25 | | effective date of this
amendatory Act during the remainder of |
26 | | fiscal year 2004 to the
designated retirement systems from the |
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1 | | appropriations provided for in
this Section if the transfers |
2 | | provided in Section 6z-61 had not
occurred. The transfers |
3 | | described in this subsection (d-1) are to
partially repay the |
4 | | General Revenue Fund for the costs associated with
the bonds |
5 | | used to fund the moneys transferred to the designated
|
6 | | retirement systems under Section 6z-61.
|
7 | | (e) The changes to this Section made by this amendatory Act |
8 | | of 1994 shall
first apply to distributions from the Fund for |
9 | | State fiscal year 1996.
|
10 | | (Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13; |
11 | | 98-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15; |
12 | | 99-78, 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 |
15 | | State
Employees' Retirement System; payroll requirements. |
16 | | (a) Appropriations for State contributions to the State
|
17 | | Employees' Retirement System of Illinois shall be expended in |
18 | | the manner
provided in this Section.
Except as otherwise |
19 | | provided in subsections (a-1), (a-2), (a-3), and (a-4)
at the |
20 | | time of each payment of salary to an
employee under the |
21 | | personal services line item, payment shall be made to
the State |
22 | | Employees' Retirement System, from the amount appropriated for
|
23 | | State contributions to the State Employees' Retirement System, |
24 | | of an amount
calculated at the rate certified for the |
25 | | applicable fiscal year by the
Board of Trustees of the State |
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1 | | Employees' Retirement System under Section
14-135.08 of the |
2 | | Illinois Pension Code. If a line item appropriation to an
|
3 | | employer for this purpose is exhausted or is unavailable due to |
4 | | any limitation on appropriations that may apply, (including, |
5 | | but not limited to, limitations on appropriations from the Road |
6 | | Fund under Section 8.3 of the State Finance Act), the amounts |
7 | | shall be
paid under the continuing appropriation for this |
8 | | purpose contained in the State
Pension Funds Continuing |
9 | | Appropriation Act.
|
10 | | (a-1) Beginning on the effective date of this amendatory |
11 | | Act of the 93rd
General Assembly through the payment of the |
12 | | final payroll from fiscal
year 2004 appropriations, |
13 | | appropriations for State contributions to the
State Employees' |
14 | | Retirement System of Illinois shall be expended in the
manner |
15 | | provided in this subsection (a-1). At the time of each payment |
16 | | of
salary to an employee under the personal services line item |
17 | | from a fund
other than the General Revenue Fund, payment shall |
18 | | be made for deposit
into the General Revenue Fund from the |
19 | | amount appropriated for State
contributions to the State |
20 | | Employees' Retirement System of an amount
calculated at the |
21 | | rate certified for fiscal year 2004 by the Board of
Trustees of |
22 | | the State Employees' Retirement System under Section
14-135.08 |
23 | | of the Illinois Pension Code. This payment shall be made to
the |
24 | | extent that a line item appropriation to an employer for this |
25 | | purpose is
available or unexhausted. No payment from |
26 | | appropriations for State
contributions shall be made in |
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1 | | conjunction with payment of salary to an
employee under the |
2 | | personal services line item from the General Revenue
Fund.
|
3 | | (a-2) For fiscal year 2010 only, at the time of each |
4 | | payment of salary to an employee under the personal services |
5 | | line item from a fund other than the General Revenue Fund, |
6 | | payment shall be made for deposit into the State Employees' |
7 | | Retirement System of Illinois from the amount appropriated for |
8 | | State contributions to the State Employees' Retirement System |
9 | | of Illinois of an amount calculated at the rate certified for |
10 | | fiscal year 2010 by the Board of Trustees of the State |
11 | | Employees' Retirement System of Illinois under Section |
12 | | 14-135.08 of the Illinois Pension Code. This payment shall be |
13 | | made to the extent that a line item appropriation to an |
14 | | employer for this purpose is available or unexhausted. For |
15 | | fiscal year 2010 only, no payment from appropriations for State |
16 | | contributions shall be made in conjunction with payment of |
17 | | salary to an employee under the personal services line item |
18 | | from the General Revenue Fund. |
19 | | (a-3) For fiscal year 2011 only, at the time of each |
20 | | payment of salary to an employee under the personal services |
21 | | line item from a fund other than the General Revenue Fund, |
22 | | payment shall be made for deposit into the State Employees' |
23 | | Retirement System of Illinois from the amount appropriated for |
24 | | State contributions to the State Employees' Retirement System |
25 | | of Illinois of an amount calculated at the rate certified for |
26 | | fiscal year 2011 by the Board of Trustees of the State |
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1 | | Employees' Retirement System of Illinois under Section |
2 | | 14-135.08 of the Illinois Pension Code. This payment shall be |
3 | | made to the extent that a line item appropriation to an |
4 | | employer for this purpose is available or unexhausted. For |
5 | | fiscal year 2011 only, no payment from appropriations for State |
6 | | contributions shall be made in conjunction with payment of |
7 | | salary to an employee under the personal services line item |
8 | | from the General Revenue Fund. |
9 | | (a-4) In fiscal years 2012 through 2017 2016 only, at the |
10 | | time of each payment of salary to an employee under the |
11 | | personal services line item from a fund other than the General |
12 | | Revenue Fund, payment shall be made for deposit into the State |
13 | | Employees' Retirement System of Illinois from the amount |
14 | | appropriated for State contributions to the State Employees' |
15 | | Retirement System of Illinois of an amount calculated at the |
16 | | rate certified for the applicable fiscal year by the Board of |
17 | | Trustees of the State Employees' Retirement System of Illinois |
18 | | under Section 14-135.08 of the Illinois Pension Code. In fiscal |
19 | | years 2012 through 2017 2016 only, no payment from |
20 | | appropriations for State contributions shall be made in |
21 | | conjunction with payment of salary to an employee under the |
22 | | personal services line item from the General Revenue Fund. |
23 | | (b) Except during the period beginning on the effective |
24 | | date of this
amendatory
Act of the 93rd General Assembly and |
25 | | ending at the time of the payment of the
final payroll from |
26 | | fiscal year 2004 appropriations, the State Comptroller
shall |
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1 | | not approve for payment any payroll
voucher that (1) includes |
2 | | payments of salary to eligible employees in the
State |
3 | | Employees' Retirement System of Illinois and (2) does not |
4 | | include the
corresponding payment of State contributions to |
5 | | that retirement system at the
full rate certified under Section |
6 | | 14-135.08 for that fiscal year for eligible
employees, unless |
7 | | the balance in the fund on which the payroll voucher is drawn
|
8 | | is insufficient to pay the total payroll voucher, or |
9 | | unavailable due to any limitation on appropriations that may |
10 | | apply, including, but not limited to, limitations on |
11 | | appropriations from the Road Fund under Section 8.3 of the |
12 | | State Finance Act. If the State Comptroller
approves a payroll |
13 | | voucher under this Section for which the fund balance is
|
14 | | insufficient to pay the full amount of the required State |
15 | | contribution to the
State Employees' Retirement System, the |
16 | | Comptroller shall promptly so notify
the Retirement System.
|
17 | | (b-1) For fiscal year 2010 and fiscal year 2011 only, the |
18 | | State Comptroller shall not approve for payment any non-General |
19 | | Revenue Fund payroll voucher that (1) includes payments of |
20 | | salary to eligible employees in the State Employees' Retirement |
21 | | System of Illinois and (2) does not include the corresponding |
22 | | payment of State contributions to that retirement system at the |
23 | | full rate certified under Section 14-135.08 for that fiscal |
24 | | year for eligible employees, unless the balance in the fund on |
25 | | which the payroll voucher is drawn is insufficient to pay the |
26 | | total payroll voucher, or unavailable due to any limitation on |
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1 | | appropriations that may apply, including, but not limited to, |
2 | | limitations on appropriations from the Road Fund under Section |
3 | | 8.3 of the State Finance Act. If the State Comptroller approves |
4 | | a payroll voucher under this Section for which the fund balance |
5 | | is insufficient to pay the full amount of the required State |
6 | | contribution to the State Employees' Retirement System of |
7 | | Illinois, the Comptroller shall promptly so notify the |
8 | | retirement system. |
9 | | (c) Notwithstanding any other provisions of law, beginning |
10 | | July 1, 2007, required State and employee contributions to the |
11 | | State Employees' Retirement System of Illinois relating to |
12 | | affected legislative staff employees shall be paid out of |
13 | | moneys appropriated for that purpose to the Commission on |
14 | | Government Forecasting and Accountability, rather than out of |
15 | | the lump-sum appropriations otherwise made for the payroll and |
16 | | other costs of those employees. |
17 | | These payments must be made pursuant to payroll vouchers |
18 | | submitted by the employing entity as part of the regular |
19 | | payroll voucher process. |
20 | | For the purpose of this subsection, "affected legislative |
21 | | staff employees" means legislative staff employees paid out of |
22 | | lump-sum appropriations made to the General Assembly, an |
23 | | Officer of the General Assembly, or the Senate Operations |
24 | | Commission, but does not include district-office staff or |
25 | | employees 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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1 | | eff. 7-9-15.)
|
2 | | Section 10-10. The Illinois Pension Code is amended by |
3 | | changing 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 |
7 | | appropriations of
amounts which, together with other employer |
8 | | contributions from trust, federal,
and other funds, employee |
9 | | contributions, investment income, and other income,
will be |
10 | | sufficient to meet the cost of maintaining and administering |
11 | | the System
on a 90% funded basis in accordance with actuarial |
12 | | recommendations.
|
13 | | For the purposes of this Section and Section 14-135.08, |
14 | | references to State
contributions refer only to employer |
15 | | contributions and do not include employee
contributions that |
16 | | are picked up or otherwise paid by the State or a
department on |
17 | | behalf of the employee.
|
18 | | (b) The Board shall determine the total amount of State |
19 | | contributions
required for each fiscal year on the basis of the |
20 | | actuarial tables and other
assumptions adopted by the Board, |
21 | | using the formula in subsection (e).
|
22 | | The Board shall also determine a State contribution rate |
23 | | for each fiscal
year, expressed as a percentage of payroll, |
24 | | based on the total required State
contribution for that fiscal |
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1 | | year (less the amount received by the System from
|
2 | | appropriations under Section 8.12 of the State Finance Act and |
3 | | Section 1 of the
State Pension Funds Continuing Appropriation |
4 | | Act, if any, for the fiscal year
ending on the June 30 |
5 | | immediately preceding the applicable November 15
certification |
6 | | deadline), the estimated payroll (including all forms of
|
7 | | compensation) for personal services rendered by eligible |
8 | | employees, and the
recommendations of the actuary.
|
9 | | For the purposes of this Section and Section 14.1 of the |
10 | | State Finance Act,
the term "eligible employees" includes |
11 | | employees who participate in the System,
persons who may elect |
12 | | to participate in the System but have not so elected,
persons |
13 | | who are serving a qualifying period that is required for |
14 | | participation,
and annuitants employed by a department as |
15 | | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
|
16 | | (c) Contributions shall be made by the several departments |
17 | | for each pay
period by warrants drawn by the State Comptroller |
18 | | against their respective
funds or appropriations based upon |
19 | | vouchers stating the amount to be so
contributed. These amounts |
20 | | shall be based on the full rate certified by the
Board under |
21 | | Section 14-135.08 for that fiscal year.
From the effective date |
22 | | of this amendatory Act of the 93rd General
Assembly through the |
23 | | payment of the final payroll from fiscal year 2004
|
24 | | appropriations, the several departments shall not make |
25 | | contributions
for the remainder of fiscal year 2004 but shall |
26 | | instead make payments
as required under subsection (a-1) of |
|
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1 | | Section 14.1 of the State Finance Act.
The several departments |
2 | | shall resume those contributions at the commencement of
fiscal |
3 | | year 2005.
|
4 | | (c-1) Notwithstanding subsection (c) of this Section, for |
5 | | fiscal years 2010, 2012, 2013, 2014, 2015, and 2016 , and 2017 |
6 | | only, contributions by the several departments are not required |
7 | | to be made for General Revenue Funds payrolls processed by the |
8 | | Comptroller. Payrolls paid by the several departments from all |
9 | | other State funds must continue to be processed pursuant to |
10 | | subsection (c) of this Section. |
11 | | (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015, |
12 | | and 2016 , and 2017 only, on or as soon as possible after the |
13 | | 15th day of each month, the Board shall submit vouchers for |
14 | | payment of State contributions to the System, in a total |
15 | | monthly amount of one-twelfth of the fiscal year General |
16 | | Revenue Fund contribution as certified by the System pursuant |
17 | | to Section 14-135.08 of the Illinois Pension Code. |
18 | | (d) If an employee is paid from trust funds or federal |
19 | | funds, the
department or other employer shall pay employer |
20 | | contributions from those funds
to the System at the certified |
21 | | rate, unless the terms of the trust or the
federal-State |
22 | | agreement preclude the use of the funds for that purpose, in
|
23 | | which case the required employer contributions shall be paid by |
24 | | the State.
From the effective date of this amendatory
Act of |
25 | | the 93rd General Assembly through the payment of the final
|
26 | | payroll from fiscal year 2004 appropriations, the department or |
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1 | | other
employer shall not pay contributions for the remainder of |
2 | | fiscal year
2004 but shall instead make payments as required |
3 | | under subsection (a-1) of
Section 14.1 of the State Finance |
4 | | Act. The department or other employer shall
resume payment of
|
5 | | contributions at the commencement of fiscal year 2005.
|
6 | | (e) For State fiscal years 2012 through 2045, the minimum |
7 | | contribution
to the System to be made by the State for each |
8 | | fiscal year shall be an amount
determined by the System to be |
9 | | sufficient to bring the total assets of the
System up to 90% of |
10 | | the total actuarial liabilities of the System by the end
of |
11 | | State fiscal year 2045. In making these determinations, the |
12 | | required State
contribution shall be calculated each year as a |
13 | | level percentage of payroll
over the years remaining to and |
14 | | including fiscal year 2045 and shall be
determined under the |
15 | | projected unit credit actuarial cost method.
|
16 | | For State fiscal years 1996 through 2005, the State |
17 | | contribution to
the System, as a percentage of the applicable |
18 | | employee payroll, shall be
increased in equal annual increments |
19 | | so that by State fiscal year 2011, the
State is contributing at |
20 | | the rate required under this Section; except that
(i) for State |
21 | | fiscal year 1998, for all purposes of this Code and any other
|
22 | | law of this State, the certified percentage of the applicable |
23 | | employee payroll
shall be 5.052% for employees earning eligible |
24 | | creditable service under Section
14-110 and 6.500% for all |
25 | | other employees, notwithstanding any contrary
certification |
26 | | made under Section 14-135.08 before the effective date of this
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1 | | amendatory Act of 1997, and (ii)
in the following specified |
2 | | State fiscal years, the State contribution to
the System shall |
3 | | not be less than the following indicated percentages of the
|
4 | | applicable employee payroll, even if the indicated percentage |
5 | | will produce a
State contribution in excess of the amount |
6 | | otherwise required under this
subsection and subsection (a):
|
7 | | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY |
8 | | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
|
9 | | Notwithstanding any other provision of this Article, the |
10 | | total required State
contribution to the System for State |
11 | | fiscal year 2006 is $203,783,900.
|
12 | | Notwithstanding any other provision of this Article, the |
13 | | total required State
contribution to the System for State |
14 | | fiscal year 2007 is $344,164,400.
|
15 | | For each of State fiscal years 2008 through 2009, the State |
16 | | contribution to
the System, as a percentage of the applicable |
17 | | employee payroll, shall be
increased in equal annual increments |
18 | | from the required State contribution for State fiscal year |
19 | | 2007, so that by State fiscal year 2011, the
State is |
20 | | contributing at the rate otherwise required under this Section.
|
21 | | Notwithstanding any other provision of this Article, the |
22 | | total required State General Revenue Fund contribution for |
23 | | State fiscal year 2010 is $723,703,100 and shall be made from |
24 | | the proceeds of bonds sold in fiscal year 2010 pursuant to |
25 | | Section 7.2 of the General Obligation Bond Act, less (i) the |
26 | | pro rata share of bond sale expenses determined by the System's |
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1 | | share of total bond proceeds, (ii) any amounts received from |
2 | | the General Revenue Fund in fiscal year 2010, and (iii) any |
3 | | reduction in bond proceeds due to the issuance of discounted |
4 | | bonds, if applicable. |
5 | | Notwithstanding any other provision of this Article, the
|
6 | | total required State General Revenue Fund contribution for
|
7 | | State fiscal year 2011 is the amount recertified by the System |
8 | | on or before April 1, 2011 pursuant to Section 14-135.08 and |
9 | | shall be made from
the proceeds of bonds sold in fiscal year |
10 | | 2011 pursuant to
Section 7.2 of the General Obligation Bond |
11 | | Act, less (i) the
pro rata share of bond sale expenses |
12 | | determined by the System's
share of total bond proceeds, (ii) |
13 | | any amounts received from
the General Revenue Fund in fiscal |
14 | | year 2011, and (iii) any
reduction in bond proceeds due to the |
15 | | issuance of discounted
bonds, if applicable. |
16 | | Beginning in State fiscal year 2046, the minimum State |
17 | | contribution for
each fiscal year shall be the amount needed to |
18 | | maintain the total assets of
the System at 90% of the total |
19 | | actuarial liabilities of the System.
|
20 | | Amounts received by the System pursuant to Section 25 of |
21 | | the Budget Stabilization Act or Section 8.12 of the State |
22 | | Finance Act in any fiscal year do not reduce and do not |
23 | | constitute payment of any portion of the minimum State |
24 | | contribution required under this Article in that fiscal year. |
25 | | Such amounts shall not reduce, and shall not be included in the |
26 | | calculation of, the required State contributions under this |
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1 | | Article in any future year until the System has reached a |
2 | | funding ratio of at least 90%. A reference in this Article to |
3 | | the "required State contribution" or any substantially similar |
4 | | term does not include or apply to any amounts payable to the |
5 | | System under Section 25 of the Budget Stabilization Act.
|
6 | | Notwithstanding any other provision of this Section, the |
7 | | required State
contribution for State fiscal year 2005 and for |
8 | | fiscal year 2008 and each fiscal year thereafter, as
calculated |
9 | | under this Section and
certified under Section 14-135.08, shall |
10 | | not exceed an amount equal to (i) the
amount of the required |
11 | | State contribution that would have been calculated under
this |
12 | | Section for that fiscal year if the System had not received any |
13 | | payments
under subsection (d) of Section 7.2 of the General |
14 | | Obligation Bond Act, minus
(ii) the portion of the State's |
15 | | total debt service payments for that fiscal
year on the bonds |
16 | | issued in fiscal year 2003 for the purposes of that Section |
17 | | 7.2, as determined
and certified by the Comptroller, that is |
18 | | the same as the System's portion of
the total moneys |
19 | | distributed under subsection (d) of Section 7.2 of the General
|
20 | | Obligation Bond Act. In determining this maximum for State |
21 | | fiscal years 2008 through 2010, however, the amount referred to |
22 | | in item (i) shall be increased, as a percentage of the |
23 | | applicable employee payroll, in equal increments calculated |
24 | | from the sum of the required State contribution for State |
25 | | fiscal year 2007 plus the applicable portion of the State's |
26 | | total debt service payments for fiscal year 2007 on the bonds |
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1 | | issued in fiscal year 2003 for the purposes of Section 7.2 of |
2 | | the General
Obligation Bond Act, so that, by State fiscal year |
3 | | 2011, the
State is contributing at the rate otherwise required |
4 | | under this Section.
|
5 | | (f) After the submission of all payments for eligible |
6 | | employees
from personal services line items in fiscal year 2004 |
7 | | have been made,
the Comptroller shall provide to the System a |
8 | | certification of the sum
of all fiscal year 2004 expenditures |
9 | | for personal services that would
have been covered by payments |
10 | | to the System under this Section if the
provisions of this |
11 | | amendatory Act of the 93rd General Assembly had not been
|
12 | | enacted. Upon
receipt of the certification, the System shall |
13 | | determine the amount
due to the System based on the full rate |
14 | | certified by the Board under
Section 14-135.08 for fiscal year |
15 | | 2004 in order to meet the State's
obligation under this |
16 | | Section. The System shall compare this amount
due to the amount |
17 | | received by the System in fiscal year 2004 through
payments |
18 | | under this Section and under Section 6z-61 of the State Finance |
19 | | Act.
If the amount
due is more than the amount received, the |
20 | | difference shall be termed the
"Fiscal Year 2004 Shortfall" for |
21 | | purposes of this Section, and the
Fiscal Year 2004 Shortfall |
22 | | shall be satisfied under Section 1.2 of the State
Pension Funds |
23 | | Continuing Appropriation Act. If the amount due is less than |
24 | | the
amount received, the
difference shall be termed the "Fiscal |
25 | | Year 2004 Overpayment" for purposes of
this Section, and the |
26 | | Fiscal Year 2004 Overpayment shall be repaid by
the System to |
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1 | | the Pension Contribution Fund as soon as practicable
after the |
2 | | certification.
|
3 | | (g) For purposes of determining the required State |
4 | | contribution to the System, the value of the System's assets |
5 | | shall be equal to the actuarial value of the System's assets, |
6 | | which shall be calculated as follows: |
7 | | As of June 30, 2008, the actuarial value of the System's |
8 | | assets shall be equal to the market value of the assets as of |
9 | | that date. In determining the actuarial value of the System's |
10 | | assets for fiscal years after June 30, 2008, any actuarial |
11 | | gains or losses from investment return incurred in a fiscal |
12 | | year shall be recognized in equal annual amounts over the |
13 | | 5-year period following that fiscal year. |
14 | | (h) For purposes of determining the required State |
15 | | contribution to the System for a particular year, the actuarial |
16 | | value of assets shall be assumed to earn a rate of return equal |
17 | | to the System's actuarially assumed rate of return. |
18 | | (i) After the submission of all payments for eligible |
19 | | employees from personal services line items paid from the |
20 | | General Revenue Fund in fiscal year 2010 have been made, the |
21 | | Comptroller shall provide to the System a certification of the |
22 | | sum of all fiscal year 2010 expenditures for personal services |
23 | | that would have been covered by payments to the System under |
24 | | this Section if the provisions of this amendatory Act of the |
25 | | 96th General Assembly had not been enacted. Upon receipt of the |
26 | | certification, the System shall determine the amount due to the |
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1 | | System based on the full rate certified by the Board under |
2 | | Section 14-135.08 for fiscal year 2010 in order to meet the |
3 | | State's obligation under this Section. The System shall compare |
4 | | this amount due to the amount received by the System in fiscal |
5 | | year 2010 through payments under this Section. If the amount |
6 | | due is more than the amount received, the difference shall be |
7 | | termed the "Fiscal Year 2010 Shortfall" for purposes of this |
8 | | Section, and the Fiscal Year 2010 Shortfall shall be satisfied |
9 | | under Section 1.2 of the State Pension Funds Continuing |
10 | | Appropriation Act. If the amount due is less than the amount |
11 | | received, the difference shall be termed the "Fiscal Year 2010 |
12 | | Overpayment" for purposes of this Section, and the Fiscal Year |
13 | | 2010 Overpayment shall be repaid by the System to the General |
14 | | Revenue Fund as soon as practicable after the certification. |
15 | | (j) After the submission of all payments for eligible |
16 | | employees from personal services line items paid from the |
17 | | General Revenue Fund in fiscal year 2011 have been made, the |
18 | | Comptroller shall provide to the System a certification of the |
19 | | sum of all fiscal year 2011 expenditures for personal services |
20 | | that would have been covered by payments to the System under |
21 | | this Section if the provisions of this amendatory Act of the |
22 | | 96th General Assembly had not been enacted. Upon receipt of the |
23 | | certification, the System shall determine the amount due to the |
24 | | System based on the full rate certified by the Board under |
25 | | Section 14-135.08 for fiscal year 2011 in order to meet the |
26 | | State's obligation under this Section. The System shall compare |
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1 | | this amount due to the amount received by the System in fiscal |
2 | | year 2011 through payments under this Section. If the amount |
3 | | due is more than the amount received, the difference shall be |
4 | | termed the "Fiscal Year 2011 Shortfall" for purposes of this |
5 | | Section, and the Fiscal Year 2011 Shortfall shall be satisfied |
6 | | under Section 1.2 of the State Pension Funds Continuing |
7 | | Appropriation Act. If the amount due is less than the amount |
8 | | received, the difference shall be termed the "Fiscal Year 2011 |
9 | | Overpayment" for purposes of this Section, and the Fiscal Year |
10 | | 2011 Overpayment shall be repaid by the System to the General |
11 | | Revenue Fund as soon as practicable after the certification. |
12 | | (k) For fiscal years 2012 through 2017 2016 only, after the |
13 | | submission of all payments for eligible employees from personal |
14 | | services line items paid from the General Revenue Fund in the |
15 | | fiscal year have been made, the Comptroller shall provide to |
16 | | the System a certification of the sum of all expenditures in |
17 | | the fiscal year for personal services. Upon receipt of the |
18 | | certification, the System shall determine the amount due to the |
19 | | System based on the full rate certified by the Board under |
20 | | Section 14-135.08 for the fiscal year in order to meet the |
21 | | State's obligation under this Section. The System shall compare |
22 | | this amount due to the amount received by the System for the |
23 | | fiscal year. If the amount due is more than the amount |
24 | | received, the difference shall be termed the "Prior Fiscal Year |
25 | | Shortfall" for purposes of this Section, and the Prior Fiscal |
26 | | Year Shortfall shall be satisfied under Section 1.2 of the |
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1 | | State Pension Funds Continuing Appropriation Act. If the amount |
2 | | due is less than the amount received, the difference shall be |
3 | | termed the "Prior Fiscal Year Overpayment" for purposes of this |
4 | | Section, and the Prior Fiscal Year Overpayment shall be repaid |
5 | | by the System to the General Revenue Fund as soon as |
6 | | practicable after the certification. |
7 | | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8, |
8 | | eff. 7-9-15.)
|
9 | | Section 10-15. The State Pension Funds Continuing |
10 | | Appropriation Act is amended by changing Section 1.2 as |
11 | | follows:
|
12 | | (40 ILCS 15/1.2)
|
13 | | Sec. 1.2. Appropriations for the State Employees' |
14 | | Retirement System.
|
15 | | (a) From each fund from which an amount is appropriated for |
16 | | personal
services to a department or other employer under |
17 | | Article 14 of the Illinois
Pension Code, there is hereby |
18 | | appropriated to that department or other
employer, on a |
19 | | continuing annual basis for each State fiscal year, an
|
20 | | additional amount equal to the amount, if any, by which (1) an |
21 | | amount equal
to the percentage of the personal services line |
22 | | item for that department or
employer from that fund for that |
23 | | fiscal year that the Board of Trustees of
the State Employees' |
24 | | Retirement System of Illinois has certified under Section
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1 | | 14-135.08 of the Illinois Pension Code to be necessary to meet |
2 | | the State's
obligation under Section 14-131 of the Illinois |
3 | | Pension Code for that fiscal
year, exceeds (2) the amounts |
4 | | otherwise appropriated to that department or
employer from that |
5 | | fund for State contributions to the State Employees'
Retirement |
6 | | System for that fiscal year.
From the effective
date of this |
7 | | amendatory Act of the 93rd General Assembly
through the final |
8 | | payment from a department or employer's
personal services line |
9 | | item for fiscal year 2004, payments to
the State Employees' |
10 | | Retirement System that otherwise would
have been made under |
11 | | this subsection (a) shall be governed by
the provisions in |
12 | | subsection (a-1).
|
13 | | (a-1) If a Fiscal Year 2004 Shortfall is certified under |
14 | | subsection (f) of
Section 14-131 of the Illinois Pension Code, |
15 | | there is hereby appropriated
to the State Employees' Retirement |
16 | | System of Illinois on a
continuing basis from the General |
17 | | Revenue Fund an additional
aggregate amount equal to the Fiscal |
18 | | Year 2004 Shortfall.
|
19 | | (a-2) If a Fiscal Year 2010 Shortfall is certified under |
20 | | subsection (i) of Section 14-131 of the Illinois Pension Code, |
21 | | there is hereby appropriated to the State Employees' Retirement |
22 | | System of Illinois on a continuing basis from the General |
23 | | Revenue Fund an additional aggregate amount equal to the Fiscal |
24 | | Year 2010 Shortfall. |
25 | | (a-3) If a Fiscal Year 2016 Shortfall is certified under |
26 | | subsection (k) of Section 14-131 of the Illinois Pension Code, |
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1 | | there is hereby appropriated to the State Employees' Retirement |
2 | | System of Illinois on a continuing basis from the General |
3 | | Revenue Fund an additional aggregate amount equal to the Fiscal |
4 | | Year 2016 Shortfall. |
5 | | (b) The continuing appropriations provided for by this |
6 | | Section shall first
be available in State fiscal year 1996.
|
7 | | (c) Beginning in Fiscal Year 2005, any continuing |
8 | | appropriation under this Section arising out of an |
9 | | appropriation for personal services from the Road Fund to the |
10 | | Department of State Police or the Secretary of State shall be |
11 | | payable from the General Revenue Fund rather than the Road |
12 | | Fund.
|
13 | | (d) For State fiscal year 2010 only, a continuing |
14 | | appropriation is provided to the State Employees' Retirement |
15 | | System equal to the amount certified by the System on or before |
16 | | December 31, 2008, less the gross proceeds of the bonds sold in |
17 | | fiscal year 2010 under the authorization contained in |
18 | | subsection (a) of Section 7.2 of the General Obligation Bond |
19 | | Act. |
20 | | (e) For State fiscal year 2011 only, the continuing |
21 | | appropriation under this Section provided to the State |
22 | | Employees' Retirement System is limited to an amount equal to |
23 | | the amount certified by the System on or before December 31, |
24 | | 2009, less any amounts received pursuant to subsection (a-3) of |
25 | | Section 14.1 of the State Finance Act. |
26 | | (f) For State fiscal year 2011 only, a continuing
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1 | | appropriation is provided to the State Employees' Retirement
|
2 | | System equal to the amount certified by the System on or before
|
3 | | April 1, 2011, less the gross proceeds of the bonds sold in
|
4 | | fiscal year 2011 under the authorization contained in
|
5 | | subsection (a) of Section 7.2 of the General Obligation Bond
|
6 | | Act. |
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 |
9 | | Property 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 |
13 | | under this Act,
including the proceeds from
the sale of |
14 | | abandoned property under Section 17, in a trust fund known as |
15 | | the Unclaimed Property Trust Fund . The State Treasurer may |
16 | | deposit any amount in the Unclaimed Property Trust Fund into |
17 | | the State Pensions Fund during the fiscal year at his or her |
18 | | discretion; however, he or she shall,
on April 15 and October |
19 | | 15 of each year, deposit any amount in the Unclaimed Property |
20 | | Trust Fund trust fund
exceeding $2,500,000 into the State |
21 | | Pensions Fund. If on either April 15 or October 15, the State |
22 | | Treasurer determines that a balance of $2,500,000 is |
23 | | insufficient for the prompt payment of unclaimed property |
24 | | claims authorized under this Act, the Treasurer may retain more |
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1 | | than $2,500,000 in the Unclaimed Property Trust Fund in order |
2 | | to ensure the prompt payment of claims. Beginning in State |
3 | | fiscal year 2018 2017 , all amounts that are deposited into the |
4 | | State Pensions Fund from the Unclaimed Property Trust Fund |
5 | | shall be apportioned to the designated retirement systems as |
6 | | provided in subsection (c-6) of Section 8.12 of the State |
7 | | Finance Act to reduce their actuarial reserve deficiencies. He |
8 | | or she shall make prompt payment of claims he or she
duly |
9 | | allows as provided for in this Act for the Unclaimed Property |
10 | | Trust Fund trust fund .
Before making the deposit the State |
11 | | Treasurer
shall record the name and last known address of each |
12 | | person appearing from the
holders' reports to be entitled to |
13 | | the abandoned property. The record shall be
available for |
14 | | public inspection during reasonable business
hours.
|
15 | | (b) Before making any deposit to the credit of the State |
16 | | Pensions Fund,
the State Treasurer may deduct: (1) any costs in |
17 | | connection with sale of
abandoned property, (2) any costs of |
18 | | mailing and publication in connection with
any abandoned |
19 | | property, and (3) any costs in connection with the maintenance |
20 | | of
records or disposition of claims made pursuant to this Act. |
21 | | The State
Treasurer shall semiannually file an itemized report |
22 | | of 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, |
24 | | eff. 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 |
2 | | Section 6z-101 as follows: |
3 | | (30 ILCS 105/6z-101 new) |
4 | | Sec. 6z-101. The Grant Accountability and Transparency |
5 | | Fund. |
6 | | (a) The Grant Accountability and Transparency Fund is |
7 | | hereby created in the State Treasury. The following moneys |
8 | | shall 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 |
21 | | inter-fund transfers or make payment through the voucher and |
22 | | warrant process to the Grant Accountability and Transparency |
23 | | Fund in satisfaction of billings issued under subsection (a). |
24 | | (c) Moneys in the Grant Accountability and Transparency |
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1 | | Fund may be used by the Governor's Office of Management and |
2 | | Budget for costs in support of the implementation and |
3 | | administration of the Grant Accountability and Transparency |
4 | | Act and Budgeting for Results. |
5 | | (d) The Governor's Office of Management and Budget may |
6 | | require reports from State agencies as deemed necessary to |
7 | | perform cost allocation reconciliations in connection with |
8 | | services provided and expenses incurred in the administration |
9 | | of the Grant Accountability and Transparency Act. In the event |
10 | | that, in any fiscal year, the payments or inter-fund transfers |
11 | | are in excess of the costs of services provided in that fiscal |
12 | | year, the Governor's Office of Management and Budget may use |
13 | | one or a combination of the following methods to return excess |
14 | | funds: |
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 |
22 | | Act is amended by changing Sections 20, 25, 55, 85, 90, and 100 |
23 | | as follows: |
24 | | (30 ILCS 708/20) |
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1 | | (Section scheduled to be repealed on July 16, 2019)
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2 | | Sec. 20. Adoption of federal rules applicable to grants. |
3 | | (a) On or before July 1, 2016 2015 , the Governor's Office |
4 | | of Management and Budget, with the advice and technical |
5 | | assistance of the Illinois Single Audit Commission, shall adopt |
6 | | rules which adopt the Uniform Guidance at 2 CFR 200. The rules, |
7 | | which shall apply to all State and federal pass-through awards |
8 | | effective on and after July 1, 2016 2015 , shall include the |
9 | | following:
|
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.
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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.
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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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1 | | auditing functions and does not address the external audit |
2 | | function of the Auditor General. |
3 | | (c) For public institutions of higher education, the |
4 | | provisions of this Section apply only to awards funded by State |
5 | | appropriations and federal pass-through awards from a State |
6 | | agency to public institutions of higher education. Federal |
7 | | pass-through awards from a State agency to public institutions |
8 | | of higher education are governed by and must comply with |
9 | | federal guidelines under 2 CFR 200. |
10 | | (d) The State grant-making agency is responsible for |
11 | | establishing requirements, as necessary, to ensure compliance |
12 | | by for-profit subrecipients. The agreement with the for-profit |
13 | | subrecipient shall describe the applicable compliance |
14 | | requirements and the for-profit subrecipient's compliance |
15 | | responsibility. Methods to ensure compliance for State and |
16 | | federal pass-through awards made to for-profit subrecipients |
17 | | shall include pre-award, audits, monitoring during the |
18 | | agreement, and post-award audits. The Governor's Office of |
19 | | Management and Budget shall provide such advice and technical |
20 | | assistance to the State grant-making agency as is necessary or |
21 | | indicated.
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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)
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25 | | Sec. 25. Supplemental rules. On or before July 1, 2017 |
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1 | | 2015 , the Governor's Office of Management and Budget, with the |
2 | | advice and technical assistance of the Illinois Single Audit |
3 | | Commission, shall adopt supplemental rules pertaining to the |
4 | | following: |
5 | | (1) Criteria to define mandatory formula-based grants |
6 | | and discretionary grants.
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7 | | (2) The award of one-year grants for new applicants.
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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.
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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;
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15 | | (C) State agency review of merit of proposals and |
16 | | risk posed by applicants;
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17 | | (D) specific conditions for individual recipients |
18 | | (requiring the use of a fiscal agent and additional |
19 | | corrective conditions);
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20 | | (E) certifications and representations;
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21 | | (F) pre-award costs;
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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
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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.
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4 | | (5) The development of uniform budget requirements, |
5 | | which shall include:
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6 | | (A) mandatory submission of budgets as part of the |
7 | | grant application process;
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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;
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2 | | (B) Federal Employee Identification Number;
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3 | | (C) Data Universal Numbering System (DUNS) number;
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4 | | (D) fiscal condition;
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5 | | (E) whether the applicant is in good standing with |
6 | | the Secretary of State;
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7 | | (F) past performance in administering grants;
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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 |
17 | | Control and Internal Auditing Act nor the requirement that the |
18 | | management of each State agency is responsible for maintaining |
19 | | effective internal controls under that Act. |
20 | | For public institutions of higher education, the |
21 | | provisions of this Section apply only to awards funded by State |
22 | | appropriations and federal pass-through awards from a State |
23 | | agency to public institutions of higher education.
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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)
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2 | | Sec. 55. The Governor's Office of Management and Budget |
3 | | responsibilities.
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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, |
15 | | on or before July 1, 2016 2014 , establish a centralized unit |
16 | | within the Governor's Office of Management and Budget. The |
17 | | centralized unit shall be known as the Grant Accountability and |
18 | | Transparency Unit and shall be funded with a portion of the |
19 | | administrative funds provided under existing and future State |
20 | | and federal pass-through grants.
The amounts charged will be |
21 | | allocated based on the actual cost of the services provided to |
22 | | State grant-making agencies and public institutions of higher |
23 | | education in accordance with the applicable federal cost |
24 | | principles contained in 2 CFR 200 and this Act will not cause |
25 | | the reduction in the amount of any State or federal grant |
26 | | awards that have been or will be directed towards State |
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1 | | agencies or public institutions of higher education.
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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)
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5 | | Sec. 85. Implementation date. The Governor's Office of |
6 | | Management and Budget shall adopt all rules required under this |
7 | | Act on or before July 1, 2017 2015 .
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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)
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11 | | Sec. 90. Agency implementation. All State grant-making |
12 | | agencies shall implement the rules issued by the Governor's |
13 | | Office of Management and Budget on or before July 1, 2017 2015 . |
14 | | The standards set forth in this Act, which affect |
15 | | administration of State and federal pass-through awards issued |
16 | | by State grant-making agencies, become effective once |
17 | | implemented by State grant-making agencies. State grant-making |
18 | | agencies shall implement the policies and procedures |
19 | | applicable to State and federal pass-through awards by adopting |
20 | | rules for non-federal entities by December 31, 2017 that shall |
21 | | take effect for fiscal years on and after December 26, 2014, |
22 | | unless different provisions are required by State or federal |
23 | | statute or federal rule.
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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)
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3 | | Sec. 100. Repeal. This Act is repealed on July 16, 2020 5 |
4 | | years after the effective date of this Act .
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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 |
8 | | changing 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 |
12 | | issued if, after the issuance, in the next State fiscal year |
13 | | after the issuance of the Bonds, the amount of debt service |
14 | | (including principal, whether payable at maturity or pursuant |
15 | | to mandatory sinking fund installments, and interest) on all |
16 | | then-outstanding Bonds, other than Bonds authorized by Public |
17 | | Act 96-43 and other than Bonds authorized by Public Act 96-1497 |
18 | | this amendatory Act of the 96th General Assembly , would exceed |
19 | | 7% of the aggregate appropriations from the general funds |
20 | | (which consist of the General Revenue Fund, the Common School |
21 | | Fund, the General Revenue Common School Special Account Fund, |
22 | | and the Education Assistance Fund) and the Road Fund for the |
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1 | | fiscal year immediately prior to the fiscal year of the |
2 | | issuance. |
3 | | (b) If the Comptroller and Treasurer each consent in |
4 | | writing, Bonds may be issued even if the issuance does not |
5 | | comply with subsection (a). In addition, $2,000,000,000 in |
6 | | Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, |
7 | | and $2,000,000,000 in Refunding Bonds under Section 16, may be |
8 | | issued during State fiscal year 2017 without complying with |
9 | | subsection (a).
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10 | | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11.)
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11 | | (30 ILCS 330/9) (from Ch. 127, par. 659)
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12 | | Sec. 9. Conditions for Issuance and Sale of Bonds - |
13 | | Requirements for
Bonds. |
14 | | (a) Except as otherwise provided in this subsection, Bonds |
15 | | shall be issued and sold from time to time, in one or
more |
16 | | series, in such amounts and at such prices as may be directed |
17 | | by the
Governor, upon recommendation by the Director of the
|
18 | | Governor's Office of Management and Budget.
Bonds shall be in |
19 | | such form (either coupon, registered or book entry), in
such |
20 | | denominations, payable within 25 years from their date, subject |
21 | | to such
terms of redemption with or without premium, bear |
22 | | interest payable at
such times and at such fixed or variable |
23 | | rate or rates, and be dated
as shall be fixed and determined by |
24 | | the Director of
the
Governor's Office of Management and Budget
|
25 | | in the order authorizing the issuance and sale
of any series of |
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1 | | Bonds, which order shall be approved by the Governor
and is |
2 | | herein called a "Bond Sale Order"; provided however, that |
3 | | interest
payable at fixed or variable rates shall not exceed |
4 | | that permitted in the
Bond Authorization Act, as now or |
5 | | hereafter amended. Bonds shall be
payable at such place or |
6 | | places, within or without the State of Illinois, and
may be |
7 | | made registrable as to either principal or as to both principal |
8 | | and
interest, as shall be specified in the Bond Sale Order. |
9 | | Bonds may be callable
or subject to purchase and retirement or |
10 | | tender and remarketing as fixed
and determined in the Bond Sale |
11 | | Order. Bonds, other than Bonds issued under Section 3 of this |
12 | | Act for the costs associated with the purchase and |
13 | | implementation of information technology, (i) except for |
14 | | refunding Bonds satisfying the requirements of Section 16 of |
15 | | this Act and sold during fiscal year 2009, 2010, or 2011, or |
16 | | 2017 must be issued with principal or mandatory redemption |
17 | | amounts in equal amounts, with the first maturity issued |
18 | | occurring within the fiscal year in which the Bonds are issued |
19 | | or within the next succeeding fiscal year and (ii) must mature |
20 | | or be subject to mandatory redemption each fiscal year |
21 | | thereafter up to 25 years, except for refunding Bonds |
22 | | satisfying the requirements of Section 16 of this Act and sold |
23 | | during fiscal year 2009, 2010, or 2011 which must mature or be |
24 | | subject to mandatory redemption each fiscal year thereafter up |
25 | | to 16 years. Bonds issued under Section 3 of this Act for the |
26 | | costs associated with the purchase and implementation of |
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1 | | information technology must be issued with principal or |
2 | | mandatory redemption amounts in equal amounts, with the first |
3 | | maturity issued occurring with the fiscal year in which the |
4 | | respective bonds are issued or with the next succeeding fiscal |
5 | | year, with the respective bonds issued maturing or subject to |
6 | | mandatory redemption each fiscal year thereafter up to 10 |
7 | | years. Notwithstanding any provision of this Act to the |
8 | | contrary, the Bonds authorized by Public Act 96-43 shall be |
9 | | payable within 5 years from their date and must be issued with |
10 | | principal or mandatory redemption amounts in equal amounts, |
11 | | with payment of principal or mandatory redemption beginning in |
12 | | the first fiscal year following the fiscal year in which the |
13 | | Bonds are issued.
|
14 | | Notwithstanding any provision of this Act to the contrary, |
15 | | the Bonds authorized by Public Act 96-1497 shall be payable |
16 | | within 8 years from their date and shall be issued with payment |
17 | | of maturing principal or scheduled mandatory redemptions in |
18 | | accordance with the following schedule, except the following |
19 | | amounts shall be prorated if less than the total additional |
20 | | amount 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 |
2 | | variable interest
rate ("Variable Rate Bonds"), in lieu of |
3 | | determining the rate or rates at which
such series of Variable |
4 | | Rate Bonds shall bear interest and the price or prices
at which |
5 | | such Variable Rate Bonds shall be initially sold or remarketed |
6 | | (in the
event of purchase and subsequent resale), the Bond Sale |
7 | | Order may provide that
such interest rates and prices may vary |
8 | | from time to time depending on criteria
established in such |
9 | | Bond Sale Order, which criteria may include, without
|
10 | | limitation, references to indices or variations in interest |
11 | | rates as may, in
the judgment of a remarketing agent, be |
12 | | necessary to cause Variable Rate Bonds
of such series to be |
13 | | remarketable from time to time at a price equal to their
|
14 | | principal amount, and may provide for appointment of a bank, |
15 | | trust company,
investment bank, or other financial institution |
16 | | to serve as remarketing agent
in that connection.
The Bond Sale |
17 | | Order may provide that alternative interest rates or provisions
|
18 | | for establishing alternative interest rates, different |
19 | | security or claim
priorities, or different call or amortization |
20 | | provisions will apply during
such times as Variable Rate Bonds |
21 | | of any series are held by a person providing
credit or |
22 | | liquidity enhancement arrangements for such Bonds as |
23 | | authorized in
subsection (b) of this Section.
The Bond Sale |
24 | | Order may also provide for such variable interest rates to be
|
25 | | established pursuant to a process generally known as an auction |
26 | | rate process
and may provide for appointment of one or more |
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1 | | financial institutions to serve
as auction agents and |
2 | | broker-dealers in connection with the establishment of
such |
3 | | interest rates and the sale and remarketing of such Bonds.
|
4 | | (b) In connection with the issuance of any series of Bonds, |
5 | | the State may
enter into arrangements to provide additional |
6 | | security and liquidity for such
Bonds, including, without |
7 | | limitation, bond or interest rate insurance or
letters of |
8 | | credit, lines of credit, bond purchase contracts, or other
|
9 | | arrangements whereby funds are made available to retire or |
10 | | purchase Bonds,
thereby assuring the ability of owners of the |
11 | | Bonds to sell or redeem their
Bonds. The State may enter into |
12 | | contracts and may agree to pay fees to persons
providing such |
13 | | arrangements, but only under circumstances where the Director |
14 | | of
the
Governor's Office of Management and Budget certifies |
15 | | that he or she reasonably expects the total
interest paid or to |
16 | | be paid on the Bonds, together with the fees for the
|
17 | | arrangements (being treated as if interest), would not, taken |
18 | | together, cause
the Bonds to bear interest, calculated to their |
19 | | stated maturity, at a rate in
excess of the rate that the Bonds |
20 | | would bear in the absence of such
arrangements.
|
21 | | The State may, with respect to Bonds issued or anticipated |
22 | | to be issued,
participate in and enter into arrangements with |
23 | | respect to interest rate
protection or exchange agreements, |
24 | | guarantees, or financial futures contracts
for the purpose of |
25 | | limiting, reducing, or managing interest rate exposure.
The |
26 | | authority granted under this paragraph, however, shall not |
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1 | | increase the principal amount of Bonds authorized to be issued |
2 | | by law. The arrangements may be executed and delivered by the |
3 | | Director
of the
Governor's Office of Management and Budget on |
4 | | behalf of the State. Net payments for such
arrangements shall |
5 | | constitute interest on the Bonds and shall be paid from the
|
6 | | General Obligation Bond Retirement and Interest Fund. The |
7 | | Director of the
Governor's Office of Management and Budget |
8 | | shall at least annually certify to the Governor and
the
State |
9 | | Comptroller his or her estimate of the amounts of such net |
10 | | payments to
be included in the calculation of interest required |
11 | | to be paid by the State.
|
12 | | (c) Prior to the issuance of any Variable Rate Bonds |
13 | | pursuant to
subsection (a), the Director of the
Governor's |
14 | | Office of Management and Budget shall adopt an
interest rate |
15 | | risk management policy providing that the amount of the State's
|
16 | | variable rate exposure with respect to Bonds shall not exceed |
17 | | 20%. This policy
shall remain in effect while any Bonds are |
18 | | outstanding and the issuance of
Bonds
shall be subject to the |
19 | | terms of such policy. The terms of this policy may be
amended |
20 | | from time to time by the Director of the
Governor's Office of |
21 | | Management and Budget but in no
event shall any amendment cause |
22 | | the permitted level of the State's variable
rate exposure with |
23 | | respect to Bonds to exceed 20%.
|
24 | | (d) "Build America Bonds" in this Section means Bonds |
25 | | authorized by Section 54AA of the Internal Revenue Code of |
26 | | 1986, as amended ("Internal Revenue Code"), and bonds issued |
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1 | | from time to time to refund or continue to refund "Build |
2 | | America Bonds". |
3 | | (e) Notwithstanding any other provision of this Section, |
4 | | Qualified School Construction Bonds shall be issued and sold |
5 | | from time to time, in one or more series, in such amounts and |
6 | | at such prices as may be directed by the Governor, upon |
7 | | recommendation by the Director of the Governor's Office of |
8 | | Management and Budget. Qualified School Construction Bonds |
9 | | shall be in such form (either coupon, registered or book |
10 | | entry), in such denominations, payable within 25 years from |
11 | | their date, subject to such terms of redemption with or without |
12 | | premium, and if the Qualified School Construction Bonds are |
13 | | issued with a supplemental coupon, bear interest payable at |
14 | | such times and at such fixed or variable rate or rates, and be |
15 | | dated as shall be fixed and determined by the Director of the |
16 | | Governor's Office of Management and Budget in the order |
17 | | authorizing the issuance and sale of any series of Qualified |
18 | | School Construction Bonds, which order shall be approved by the |
19 | | Governor and is herein called a "Bond Sale Order"; except that |
20 | | interest payable at fixed or variable rates, if any, shall not |
21 | | exceed that permitted in the Bond Authorization Act, as now or |
22 | | hereafter amended. Qualified School Construction Bonds shall |
23 | | be payable at such place or places, within or without the State |
24 | | of Illinois, and may be made registrable as to either principal |
25 | | or as to both principal and interest, as shall be specified in |
26 | | the Bond Sale Order. Qualified School Construction Bonds may be |
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1 | | callable or subject to purchase and retirement or tender and |
2 | | remarketing as fixed and determined in the Bond Sale Order. |
3 | | Qualified School Construction Bonds must be issued with |
4 | | principal or mandatory redemption amounts or sinking fund |
5 | | payments into the General Obligation Bond Retirement and |
6 | | Interest Fund (or subaccount therefor) in equal amounts, with |
7 | | the first maturity issued, mandatory redemption payment or |
8 | | sinking fund payment occurring within the fiscal year in which |
9 | | the Qualified School Construction Bonds are issued or within |
10 | | the next succeeding fiscal year, with Qualified School |
11 | | Construction Bonds issued maturing or subject to mandatory |
12 | | redemption or with sinking fund payments thereof deposited each |
13 | | fiscal year thereafter up to 25 years. Sinking fund payments |
14 | | set forth in this subsection shall be permitted only to the |
15 | | extent authorized in Section 54F of the Internal Revenue Code |
16 | | or as otherwise determined by the Director of the Governor's |
17 | | Office of Management and Budget. "Qualified School |
18 | | Construction Bonds" in this subsection means Bonds authorized |
19 | | by Section 54F of the Internal Revenue Code and for bonds |
20 | | issued 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 |
23 | | Office of Management and Budget to the Procurement Policy Board |
24 | | of a request for quotation for the purpose of formulating a new |
25 | | pool of qualified underwriting banks list, all entities |
26 | | responding to such a request for quotation for inclusion on |
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1 | | that list shall provide a written report to the Governor's |
2 | | Office of Management and Budget and the Illinois Comptroller. |
3 | | The written report submitted to the Comptroller shall (i) be |
4 | | published on the Comptroller's Internet website and (ii) be |
5 | | used by the Governor's Office of Management and Budget for the |
6 | | purposes of scoring such a request for quotation. The written |
7 | | report, 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 |
11 | | Management and Budget's pool of qualified underwriting banks |
12 | | list shall, as soon as possible after March 18, 2011 (the |
13 | | effective date of Public Act 96-1554), but not later than |
14 | | January 21, 2011, and on a quarterly fiscal basis thereafter, |
15 | | provide a written report to the Governor's Office of Management |
16 | | and Budget and the Illinois Comptroller. The written reports |
17 | | submitted to the Comptroller shall be published on the |
18 | | Comptroller's Internet website. The written reports, at a |
19 | | minimum, 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, |
23 | | eff. 7-15-09; 96-828, eff. 12-2-09; 96-1497, eff. 1-14-11; |
24 | | 96-1554, 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 |
2 | | this Section,
Bonds shall be sold from time to time pursuant to
|
3 | | notice of sale and public bid or by negotiated sale
in such |
4 | | amounts and at such
times as is directed by the Governor, upon |
5 | | recommendation by the Director of
the
Governor's Office of |
6 | | Management and Budget. At least 25%, based on total principal |
7 | | amount, of all Bonds issued each fiscal year shall be sold |
8 | | pursuant to notice of sale and public bid. At all times during |
9 | | each fiscal year, no more than 75%, based on total principal |
10 | | amount, of the Bonds issued each fiscal year, shall have been |
11 | | sold by negotiated sale. Failure to satisfy the requirements in |
12 | | the preceding 2 sentences shall not affect the validity of any |
13 | | previously issued Bonds; provided that all Bonds authorized by |
14 | | Public Act 96-43 and Public Act 96-1497 this amendatory Act of |
15 | | the 96th General Assembly shall not be included in determining |
16 | | compliance for any fiscal year with the requirements of the |
17 | | preceding 2 sentences; and further provided that refunding |
18 | | Bonds satisfying the requirements of Section 16 of this Act and |
19 | | sold during fiscal year 2009, 2010, or 2011 , or 2017 shall not |
20 | | be subject to the requirements in the preceding 2 sentences.
|
21 | | If
any Bonds, including refunding Bonds, are to be sold by |
22 | | negotiated
sale, the
Director of the
Governor's Office of |
23 | | Management and Budget
shall comply with the
competitive request |
24 | | for proposal process set forth in the Illinois
Procurement Code |
25 | | and all other applicable requirements of that Code.
|
26 | | If Bonds are to be sold pursuant to notice of sale and |
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1 | | public bid, the
Director of the
Governor's Office of Management |
2 | | and Budget may, from time to time, as Bonds are to be sold, |
3 | | advertise
the sale of the Bonds in at least 2 daily newspapers, |
4 | | one of which is
published in the City of Springfield and one in |
5 | | the City of Chicago. The sale
of the Bonds shall also be
|
6 | | advertised in the volume of the Illinois Procurement Bulletin |
7 | | that is
published by the Department of Central Management |
8 | | Services, and shall be published once at least
10 days prior to |
9 | | the date fixed
for the opening of the bids. The Director of the
|
10 | | Governor's Office of Management and Budget may
reschedule the |
11 | | date of sale upon the giving of such additional notice as the
|
12 | | Director deems adequate to inform prospective bidders of
such |
13 | | change; provided, however, that all other conditions of the |
14 | | sale shall
continue as originally advertised.
|
15 | | Executed Bonds shall, upon payment therefor, be delivered |
16 | | to the purchaser,
and the proceeds of Bonds shall be paid into |
17 | | the 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 |
21 | | authorized to issue,
sell, and provide for the retirement of |
22 | | General Obligation Bonds of the State
of Illinois in the amount |
23 | | of $4,839,025,000, at any time and
from time to time |
24 | | outstanding, for the purpose of refunding
any State of Illinois |
25 | | general obligation Bonds then outstanding, including
the |
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1 | | payment of any redemption premium thereon, any reasonable |
2 | | expenses of
such refunding, any interest accrued or to accrue |
3 | | to the earliest
or any subsequent date of redemption or |
4 | | maturity of such outstanding
Bonds and any interest to accrue |
5 | | to the first interest payment on the
refunding Bonds; provided |
6 | | that all non-refunding Bonds in an issue that includes
|
7 | | refunding Bonds shall mature no later
than the final maturity |
8 | | date of Bonds being refunded; provided that no refunding Bonds |
9 | | shall be offered for sale unless the net present value of debt |
10 | | service savings to be achieved by the issuance of the refunding |
11 | | Bonds is 3% or more of the principal amount of the refunding |
12 | | Bonds to be issued; and further provided that, except for |
13 | | refunding Bonds sold in fiscal year 2009, 2010, or 2011 , or |
14 | | 2017 , the maturities of the refunding Bonds shall not extend |
15 | | beyond the maturities of the Bonds they refund, so that for |
16 | | each fiscal year in the maturity schedule of a particular issue |
17 | | of refunding Bonds, the total amount of refunding principal |
18 | | maturing and redemption amounts due in that fiscal year and all |
19 | | prior fiscal years in that schedule shall be greater than or |
20 | | equal to the total amount of refunded principal and redemption |
21 | | amounts that had been due over that year and all prior fiscal |
22 | | years prior to the refunding.
|
23 | | The Governor shall notify the State Treasurer and
|
24 | | Comptroller of such refunding. The proceeds received from the |
25 | | sale
of refunding Bonds shall be used for the retirement at |
26 | | maturity or
redemption of such outstanding Bonds on any |
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1 | | maturity or redemption date
and, pending such use, shall be |
2 | | placed in escrow, subject to such terms and
conditions as shall |
3 | | be provided for in the Bond Sale Order relating to the
|
4 | | Refunding Bonds. Proceeds not needed for deposit in an escrow |
5 | | account shall
be deposited in the General Obligation Bond |
6 | | Retirement and Interest Fund.
This Act shall constitute an |
7 | | irrevocable and continuing appropriation of all
amounts |
8 | | necessary to establish an escrow account for the purpose of |
9 | | refunding
outstanding general obligation Bonds and to pay the |
10 | | reasonable expenses of such
refunding and of the issuance and |
11 | | sale of the refunding Bonds. Any such
escrowed proceeds may be |
12 | | invested and reinvested
in direct obligations of the United |
13 | | States of America, maturing at such
time or times as shall be |
14 | | appropriate to assure the
prompt payment, when due, of the |
15 | | principal of and interest and redemption
premium, if any,
on |
16 | | the refunded Bonds. After the terms of the escrow have been |
17 | | fully
satisfied, any remaining balance of such proceeds and |
18 | | interest, income and
profits earned or realized on the |
19 | | investments thereof shall be paid into
the General Revenue |
20 | | Fund. The liability of the State upon the Bonds shall
continue, |
21 | | provided that the holders thereof shall thereafter be entitled |
22 | | to
payment only out of the moneys deposited in the escrow |
23 | | account.
|
24 | | Except as otherwise herein provided in this Section, such |
25 | | refunding Bonds
shall in all other respects be subject to the |
26 | | terms 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 |
3 | | changing 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 - |
6 | | Requirements for
Bonds - Master and Supplemental Indentures - |
7 | | Credit and Liquidity
Enhancement. |
8 | | (a) Bonds shall be issued and sold from time to time, in |
9 | | one
or more series, in such amounts and at such prices as |
10 | | directed by the
Governor, upon recommendation by the Director |
11 | | of the
Governor's Office of Management and Budget.
Bonds shall |
12 | | be payable only from the specific sources and secured in the
|
13 | | manner provided in this Act. Bonds shall be in such form, in |
14 | | such
denominations, mature on such dates within 25 years from |
15 | | their date of
issuance, be subject to optional or mandatory |
16 | | redemption, bear interest
payable at such times and at such |
17 | | rate or rates, fixed or variable, and be
dated as shall be |
18 | | fixed and determined by the Director of the
Governor's Office |
19 | | of Management and Budget
in an order authorizing the
issuance |
20 | | and sale of any series of
Bonds, which order shall be approved |
21 | | by the Governor and is herein called a
"Bond Sale Order"; |
22 | | provided, however, that interest payable at fixed rates
shall |
23 | | not exceed that permitted in "An Act to authorize public |
24 | | corporations
to issue bonds, other evidences of indebtedness |
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1 | | and tax anticipation
warrants subject to interest rate |
2 | | limitations set forth therein", approved
May 26, 1970, as now |
3 | | or hereafter amended, and interest payable at variable
rates |
4 | | shall not exceed the maximum rate permitted in the Bond Sale |
5 | | Order.
Said Bonds shall be payable at such place or places, |
6 | | within or without the
State of Illinois,
and may be made |
7 | | registrable
as to either principal only or as to both principal |
8 | | and interest, as shall
be specified in the Bond Sale
Order. |
9 | | Bonds may be callable or subject to purchase and retirement or
|
10 | | remarketing as fixed and determined in the Bond Sale Order. |
11 | | Bonds (i) except for refunding Bonds satisfying the |
12 | | requirements of Section 15 of this Act and sold during fiscal |
13 | | year 2009, 2010, or 2011 , or 2017 , must be issued with |
14 | | principal or mandatory redemption amounts in equal amounts, |
15 | | with the first maturity issued occurring within the fiscal year |
16 | | in which the Bonds are issued or within the next succeeding |
17 | | fiscal year and (ii) must mature or be subject to mandatory |
18 | | redemption each fiscal year thereafter up to 25 years, except |
19 | | for refunding Bonds satisfying the requirements of Section 15 |
20 | | 16 of this Act and sold during fiscal year 2009, 2010, or 2011 |
21 | | which must mature or be subject to mandatory redemption each |
22 | | fiscal year thereafter up to 16 years.
|
23 | | All Bonds authorized under this Act shall be issued |
24 | | pursuant
to a master trust indenture ("Master Indenture") |
25 | | executed and delivered on
behalf of the State by the Director |
26 | | of the
Governor's Office of Management and Budget, such
Master |
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1 | | Indenture to be in substantially the form approved in the Bond |
2 | | Sale
Order authorizing the issuance and sale of the initial |
3 | | series of Bonds
issued under this Act. Such initial series of |
4 | | Bonds may, and each
subsequent series of Bonds shall, also be |
5 | | issued pursuant to a supplemental
trust indenture |
6 | | ("Supplemental Indenture") executed and delivered on behalf
of |
7 | | the State by the Director of the
Governor's Office of |
8 | | Management and Budget, each such
Supplemental
Indenture to be |
9 | | in substantially the form approved in the Bond Sale Order
|
10 | | relating to such series. The Master Indenture and any |
11 | | Supplemental
Indenture shall be entered into with a bank or |
12 | | trust company in the State
of Illinois having trust powers and |
13 | | possessing capital and surplus of not
less than $100,000,000. |
14 | | Such indentures shall set forth the terms and
conditions of the |
15 | | Bonds and provide for payment of and security for the
Bonds, |
16 | | including the establishment and maintenance of debt service and
|
17 | | reserve funds, and for other protections for holders of the |
18 | | Bonds.
The term "reserve funds" as used in this Act shall |
19 | | include funds and
accounts established under indentures to |
20 | | provide for the payment of
principal of and premium and |
21 | | interest on Bonds, to provide for the purchase,
retirement or |
22 | | defeasance of Bonds, to provide for fees of
trustees, |
23 | | registrars, paying agents and other fiduciaries and to provide
|
24 | | for payment of costs of and debt service payable in respect of |
25 | | credit or
liquidity enhancement arrangements, interest rate |
26 | | swaps or guarantees or
financial futures contracts and
indexing |
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1 | | and remarketing agents' services.
|
2 | | In the case of any series of Bonds bearing interest at a |
3 | | variable
interest rate ("Variable Rate Bonds"), in lieu of |
4 | | determining the rate or
rates at which such series of Variable |
5 | | Rate Bonds shall bear interest and
the price or prices
at which |
6 | | such Variable Rate Bonds shall be initially sold or remarketed |
7 | | (in
the event of purchase and subsequent resale), the Bond
Sale |
8 | | Order may provide that such interest rates and prices may vary |
9 | | from time to time
depending on criteria established in such |
10 | | Bond Sale Order, which criteria
may include, without |
11 | | limitation, references to indices or variations in
interest |
12 | | rates as may, in the judgment of a remarketing agent, be
|
13 | | necessary to cause Bonds of such series to be remarketable from |
14 | | time to
time at a price equal to their principal amount (or |
15 | | compound accreted
value in the case of original issue discount |
16 | | Bonds), and may provide for
appointment of indexing agents and |
17 | | a bank, trust company,
investment bank or other financial |
18 | | institution to serve as remarketing
agent in that connection. |
19 | | The Bond Sale Order may provide that alternative
interest rates |
20 | | or provisions for establishing alternative interest rates,
|
21 | | different security or claim priorities or different call or |
22 | | amortization provisions
will apply during such times as Bonds |
23 | | of any series are held by a person
providing credit or |
24 | | liquidity enhancement arrangements for such Bonds as
|
25 | | authorized 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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1 | | the State
may enter into arrangements to provide additional |
2 | | security and liquidity
for such Bonds, including, without |
3 | | limitation, bond or interest rate
insurance or letters of |
4 | | credit, lines of credit, bond purchase contracts or
other |
5 | | arrangements whereby funds are made
available to retire or |
6 | | purchase Bonds, thereby assuring the ability of
owners of the |
7 | | Bonds to sell or redeem their Bonds.
The State may enter into |
8 | | contracts and may agree to pay fees to persons
providing such |
9 | | arrangements, but only under circumstances where the
Director |
10 | | of the Bureau of the Budget
(now Governor's Office of |
11 | | Management and Budget)
certifies that he reasonably expects
the |
12 | | total interest paid or to be paid on the Bonds, together with |
13 | | the fees
for the arrangements (being treated as if interest), |
14 | | would not, taken
together, cause the Bonds to bear interest, |
15 | | calculated to their stated
maturity, at a rate in excess of the |
16 | | rate which the Bonds would bear in the
absence of such |
17 | | arrangements. Any bonds, notes or other evidences of
|
18 | | indebtedness issued pursuant to any such arrangements for the |
19 | | purpose of
retiring and discharging outstanding Bonds
shall |
20 | | constitute refunding Bonds
under Section 15 of this Act. The |
21 | | State may participate in and enter
into arrangements with |
22 | | respect to interest rate swaps or guarantees or
financial |
23 | | futures contracts for the
purpose of limiting or restricting |
24 | | interest rate risk; provided
that such arrangements shall be |
25 | | made with or executed through banks
having capital and surplus |
26 | | of not less than $100,000,000 or insurance
companies holding |
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1 | | the
highest policyholder rating accorded insurers by A.M. Best & |
2 | | Co. or any
comparable rating service or government bond |
3 | | dealers reporting to, trading
with, and recognized as primary |
4 | | dealers by a Federal Reserve Bank and
having capital and |
5 | | surplus of not less than $100,000,000,
or other persons whose
|
6 | | debt securities are rated in the highest long-term categories |
7 | | by both
Moody's Investors' Services, Inc. and Standard & Poor's |
8 | | Corporation.
Agreements incorporating any of the foregoing |
9 | | arrangements may be executed
and delivered by the Director of |
10 | | the
Governor's Office of Management and Budget on behalf of the
|
11 | | State in substantially the form approved in the Bond Sale Order |
12 | | relating to
such Bonds.
|
13 | | (c) "Build America Bonds" in this Section means Bonds |
14 | | authorized by Section 54AA of the Internal Revenue Code of |
15 | | 1986, as amended ("Internal Revenue Code"), and bonds issued |
16 | | from time to time to refund or continue to refund "Build |
17 | | America 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 |
21 | | in this Section, shall be sold from time to time pursuant to
|
22 | | notice of sale and public bid or by negotiated sale in such |
23 | | amounts and at such
times as are directed by the Governor, upon |
24 | | recommendation by the Director of
the Governor's Office of |
25 | | Management and Budget. At least 25%, based on total principal |
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1 | | amount, of all Bonds issued each fiscal year shall be sold |
2 | | pursuant to notice of sale and public bid. At all times during |
3 | | each fiscal year, no more than 75%, based on total principal |
4 | | amount, of the Bonds issued each fiscal year shall have been |
5 | | sold by negotiated sale. Failure to satisfy the requirements in |
6 | | the preceding 2 sentences shall not affect the validity of any |
7 | | previously issued Bonds; and further provided that refunding |
8 | | Bonds satisfying the requirements of Section 15 of this Act and |
9 | | sold during fiscal year 2009, 2010, or 2011 , or 2017 shall not |
10 | | be subject to the requirements in the preceding 2 sentences. |
11 | | If any Bonds are to be sold pursuant to notice of sale and |
12 | | public bid, the Director of the
Governor's Office of Management |
13 | | and Budget shall comply with the
competitive request for |
14 | | proposal process set forth in the Illinois
Procurement Code and |
15 | | all other applicable requirements of that Code. |
16 | | If Bonds are to be sold pursuant to notice of sale and |
17 | | public bid, the
Director of the
Governor's Office of Management |
18 | | and Budget may, from time to time, as Bonds are to be sold, |
19 | | advertise
the sale of the Bonds in at least 2 daily newspapers, |
20 | | one of which is
published in the City of Springfield and one in |
21 | | the City of Chicago. The sale
of the Bonds shall also be
|
22 | | advertised in the volume of the Illinois Procurement Bulletin |
23 | | that is
published by the Department of Central Management |
24 | | Services, and shall be published once at least 10 days prior to |
25 | | the date fixed
for the opening of the bids. The Director of the
|
26 | | Governor's Office of Management and Budget may
reschedule the |
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1 | | date of sale upon the giving of such additional notice as the
|
2 | | Director deems adequate to inform prospective bidders of
the |
3 | | change; provided, however, that all other conditions of the |
4 | | sale shall
continue as originally advertised.
Executed Bonds |
5 | | shall, upon payment
therefor, be delivered to the purchaser, |
6 | | and the proceeds of Bonds shall be
paid into the State Treasury |
7 | | as
directed by Section 9 of this Act.
The
Governor or the |
8 | | Director of the
Governor's Office of Management and Budget is |
9 | | hereby authorized
and directed to execute and
deliver contracts |
10 | | of sale with underwriters and to execute and deliver such
|
11 | | certificates, indentures, agreements and documents, including |
12 | | any
supplements or amendments thereto, and to take such actions |
13 | | and do such
things as shall be necessary or desirable to carry |
14 | | out the purposes of this
Act.
Any action authorized or |
15 | | permitted to be taken by the Director of the
Governor's Office |
16 | | of Management and Budget
pursuant to this Act is hereby |
17 | | authorized to be taken
by any person specifically designated by |
18 | | the Governor to take such action
in a certificate signed by the |
19 | | Governor 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 |
23 | | authorized for
the purpose of refunding any outstanding Bonds, |
24 | | including the payment of
any redemption premium thereon, any |
25 | | reasonable expenses of such refunding,
and any interest accrued |
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1 | | or to accrue to the earliest or any subsequent
date of |
2 | | redemption or maturity of outstanding Bonds; provided that all |
3 | | non-refunding Bonds in an issue that includes
refunding Bonds |
4 | | shall mature no later than the final maturity date of Bonds
|
5 | | being refunded; provided that no refunding Bonds shall be |
6 | | offered for sale unless the net present value of debt service |
7 | | savings to be achieved by the issuance of the refunding Bonds |
8 | | is 3% or more of the principal amount of the refunding Bonds to |
9 | | be issued; and further provided that, except for refunding |
10 | | Bonds sold in fiscal year 2009, 2010, or 2011 , or 2017 , the |
11 | | maturities of the refunding Bonds shall not extend beyond the |
12 | | maturities of the Bonds they refund, so that for each fiscal |
13 | | year in the maturity schedule of a particular issue of |
14 | | refunding Bonds, the total amount of refunding principal |
15 | | maturing and redemption amounts due in that fiscal year and all |
16 | | prior fiscal years in that schedule shall be greater than or |
17 | | equal to the total amount of refunded principal and redemption |
18 | | amounts that had been due over that year and all prior fiscal |
19 | | years prior to the refunding.
|
20 | | Refunding Bonds may be sold in such amounts and at such |
21 | | times, as
directed by the Governor upon
recommendation by the |
22 | | Director of the
Governor's Office of Management and Budget. The |
23 | | Governor
shall notify the State Treasurer and
Comptroller of |
24 | | such refunding. The proceeds received from the sale of
|
25 | | refunding Bonds shall be used
for the retirement at maturity or |
26 | | redemption of such outstanding Bonds on
any maturity or |
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1 | | redemption date and, pending such use, shall be placed in
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2 | | escrow, subject to such terms and conditions as shall be |
3 | | provided for in
the Bond Sale Order relating to the refunding |
4 | | Bonds. This Act shall
constitute an irrevocable and continuing
|
5 | | appropriation of all amounts necessary to establish an escrow |
6 | | account for
the purpose of refunding outstanding Bonds and to |
7 | | pay the reasonable
expenses of such refunding and of the |
8 | | issuance and sale of the refunding
Bonds. Any such escrowed |
9 | | proceeds may be invested and
reinvested in direct obligations |
10 | | of the United States of America, maturing
at such time or times |
11 | | as shall be appropriate to assure the prompt payment,
when due,
|
12 | | of the principal of and interest and redemption premium, if |
13 | | any, on the
refunded Bonds. After the terms of the escrow have |
14 | | been fully satisfied,
any remaining balance of such proceeds |
15 | | and interest, income and profits
earned or realized on the |
16 | | investments thereof shall be paid into the
General Revenue |
17 | | Fund. The liability of the State upon the refunded Bonds
shall |
18 | | continue, provided that the holders thereof shall thereafter be
|
19 | | entitled to payment only out of the moneys deposited in the |
20 | | escrow account
and the refunded Bonds shall be deemed paid, |
21 | | discharged and no longer to be
outstanding.
|
22 | | Except as otherwise herein provided in this Section, such |
23 | | refunding Bonds
shall in all other respects be issued pursuant |
24 | | to and subject to the terms
and conditions of this Act and |
25 | | shall be secured by and payable from only the
funds and sources |
26 | | which are provided under this Act.
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1 | | (Source: P.A. 96-18, eff. 6-26-09.)
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2 | | ARTICLE 35. CAPITAL DEVELOPMENT BOARD REVOLVING FUND |
3 | | Section 35-5. The State Finance Act is amended by changing |
4 | | Sections 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. |
8 | | This 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; |
13 | | payments into and use. All monies received by the Capital |
14 | | Development Board for publications or copies issued by the |
15 | | Board, and all monies received for contract administration |
16 | | fees, charges, or reimbursements owing to the Board shall be |
17 | | deposited into a special fund known as the Capital Development |
18 | | Board Revolving Fund, which is hereby created in the State |
19 | | treasury. The monies in this Fund shall be used by the Capital |
20 | | Development Board, as appropriated, for expenditures for |
21 | | personal services, retirement, social security, contractual |
22 | | services, legal services, travel, commodities, printing, |
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1 | | equipment, electronic data processing, or telecommunications. |
2 | | Unexpended moneys in the Fund shall not be transferred or |
3 | | allocated by the Comptroller or Treasurer to any other fund, |
4 | | nor shall the Governor authorize the transfer or allocation of |
5 | | those moneys to any other fund. This Section is repealed July |
6 | | 1, 2017 2016 .
|
7 | | (Source: P.A. 98-674, eff. 6-30-14.) |
8 | | Section 35-10. The Capital Development Board Act is amended |
9 | | by 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 |
13 | | administer and process the terms of contracts awarded by this
|
14 | | State. Contract administration fees shall not exceed
3% of the |
15 | | contract amount. Contract administration fees used to |
16 | | administer contracts associated with the legislative complex, |
17 | | as defined in Section 8A-15 of the Legislative Commission |
18 | | Reorganization Act of 1984, shall be deposited into the Capitol |
19 | | Restoration Trust Fund for the use of the Architect of the |
20 | | Capitol in the performance of his or her powers or duties. This |
21 | | Section is repealed June 30, 2016.
|
22 | | (Source: P.A. 97-786, eff. 7-13-12; 97-1162, eff. 2-4-13.)
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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
|
22 | | General Assembly that Section 9.02a of the Capital Development |
23 | | Board Act not be subject to repeal on June 30, 2016. |
24 | | (c) Section 9.02a of the Capital Development Board Act |
25 | | shall be
deemed to have been in continuous effect since June |
26 | | 30, 1988
(the effective date of Public Act 85-1026), and it |
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1 | | shall
continue to be in effect henceforward until it is |
2 | | otherwise
lawfully repealed. All previously enacted amendments |
3 | | to the Act
taking effect on or after June 30, 2016 are hereby
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4 | | validated. |
5 | | (d) All actions taken in reliance on or pursuant to Section |
6 | | 9.02a of the Capital Development Board by the Capital |
7 | | Development Board
or any other person or entity are hereby |
8 | | validated. |
9 | | (e) To ensure the continuing effectiveness of Section 9.02a |
10 | | of the Capital Development Board Act, it is set forth in
full |
11 | | and re-enacted by this amendatory Act of the 99th General
|
12 | | Assembly. This re-enactment is intended as a continuation of
|
13 | | the Act. It is not intended to supersede any amendment to the
|
14 | | Act that is enacted by the 99th General Assembly. |
15 | | (f) Section 9.02a of the Capital Development Board Act |
16 | | applies
to all claims, civil actions, and proceedings pending |
17 | | on or
filed on or before the effective date of this amendatory |
18 | | Act of the 99th General Assembly. |
19 | | ARTICLE 95. SEVERABILITY |
20 | | Section 95-95. Severability. The provisions of this Act are |
21 | | severable 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 |