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Public Act 096-0959 |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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ARTICLE 1. SHORT TITLE; PURPOSE | ||||
Section 1-1. Short title. This Act may be cited as the | ||||
FY2011 Budget Implementation (Finance) Act. | ||||
Section 1-5. Purpose. It is the purpose of this Act to make | ||||
changes in State programs that are necessary to implement the | ||||
Governor's Fiscal Year 2011 budget recommendations concerning | ||||
finance. | ||||
Section 1-10. Delegation of appropriations. | ||||
(a) Notwithstanding any other Act to the contrary, if and | ||||
only if House Bill 859 of the 96th General Assembly becomes | ||||
law, then the Office of the Governor is authorized to delegate, | ||||
through written notice to the Comptroller, all or a portion of | ||||
the appropriations included in Sections 10 and 15 of Article 41 | ||||
of House Bill 859 to any State agency, board, or commission. | ||||
All amounts so delegated are limited to the purposes for which | ||||
those moneys were appropriated in those Sections and shall be | ||||
expended in accordance with all relevant laws, administrative | ||||
rules, and audit standards and obligations that would apply had |
the amounts been appropriated directly to the agency, board, or | ||
commission for that purpose. | ||
(b) This Section is repealed on June 30, 2011.
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ARTICLE 5. AMENDATORY PROVISIONS | ||
Section 5-15. The Legislative Commission Reorganization | ||
Act of 1984 is amended by changing Section 1-5 as follows: | ||
(25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) | ||
Sec. 1-5. Composition of agencies; directors.
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(a)(1) Each legislative support services agency listed
in | ||
Section 1-3 is hereafter in this Section referred to as the | ||
Agency.
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(2) (Blank).
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(2.1) (Blank). | ||
(2.5) The Board of the Office of the Architect of the | ||
Capitol shall
consist of
the
Secretary and Assistant Secretary | ||
of the Senate and the Clerk and Assistant
Clerk of the House of | ||
Representatives.
When the Board has cast a tied vote concerning | ||
the design, implementation, or construction of a project within | ||
the legislative complex, as defined in Section 8A-15, the | ||
Architect of the Capitol may cast the tie-breaking vote. | ||
(3) The other legislative support services agencies shall | ||
each
consist of 12 members of the General Assembly, of whom 3 | ||
shall be appointed by
the President of the Senate, 3 shall be |
appointed by the Minority Leader of the
Senate, 3 shall be | ||
appointed by the Speaker of the House of Representatives,
and 3 | ||
shall be appointed by the Minority Leader of the House of
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Representatives. All appointments shall be in writing and filed | ||
with the
Secretary of State as a public record.
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Members shall serve a 2-year term, and must be appointed by
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the Joint
Committee during the month of January in each | ||
odd-numbered year for terms
beginning February 1. Any vacancy | ||
in an Agency shall be filled by appointment
for the balance of | ||
the term in the same manner as the original appointment. A
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vacancy shall exist when a member no longer holds the elected | ||
legislative
office held at the time of the appointment or at | ||
the termination of the
member's legislative service.
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(b) (Blank).
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(c) During the month
of February of each odd-numbered year, | ||
the Joint Committee on
Legislative
Support Services shall | ||
select from the members of each agency, other than the
Office | ||
of the Architect of the Capitol, 2 co-chairmen and such
other | ||
officers as the Joint Committee deems necessary.
The
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co-chairmen of each Agency shall serve for a 2-year term,
| ||
beginning February
1 of the odd-numbered year, and the 2 | ||
co-chairmen shall not be members of or
identified with the same | ||
house or the same political party. The co-chairmen
of the Board | ||
of the Office of the Architect of the Capitol shall be the
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Secretary of the Senate and the Clerk of the House of | ||
Representatives, each ex
officio.
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Each Agency shall meet twice annually or more often upon | ||
the call of the
chair or any 9 members (or any 3 members in the | ||
case of the Office of the
Architect of the Capitol). A quorum | ||
of the Agency shall consist of a
majority of
the appointed | ||
members.
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(d) Members of each Agency shall serve without | ||
compensation, but shall be
reimbursed for expenses incurred in | ||
carrying out the duties of the Agency
pursuant to rules and | ||
regulations adopted by the Joint Committee on
Legislative | ||
Support Services.
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(e) Beginning February 1, 1985, and every 2 years | ||
thereafter,
the Joint
Committee shall select an Executive | ||
Director who shall be the chief
executive officer and staff | ||
director of each Agency. The Executive Director
shall receive a | ||
salary as fixed by the Joint Committee and shall be authorized
| ||
to employ and fix the compensation of necessary professional, | ||
technical
and secretarial staff and prescribe their duties, | ||
sign contracts, and issue
vouchers for the payment of | ||
obligations pursuant to rules and regulations
adopted by the | ||
Joint Committee on Legislative Support Services. The
Executive | ||
Director and other employees of the Agency shall not be subject
| ||
to the Personnel Code.
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The executive director of the Office of the Architect of | ||
the Capitol shall
be known as the Architect of the Capitol.
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(Source: P.A. 93-632, eff. 2-1-04.) |
Section 5-20. The State Finance Act is amended by changing | ||
Sections 6z-30, 6z-63, 6z-64, 6z-70, 8.3, 8.8, 8g, 8o, and 13.2 | ||
and by adding Sections 5.755 and 6p-8 as follows: | ||
(30 ILCS 105/5.755 new) | ||
Sec. 5.755. The Court of Claims Federal Recovery Victim | ||
Compensation Grant Fund. | ||
(30 ILCS 105/6p-8 new) | ||
Sec. 6p-8. Court of Claims Federal Recovery Victim | ||
Compensation Grant Fund. The Court of Claims Federal Recovery | ||
Victim Compensation Grant Fund is created as a special fund in | ||
the State treasury. The Fund shall consist of federal Victims | ||
of Crime Act grant funds awarded to the Court of Claims from | ||
the U.S. Department of Justice, Office of Justice Programs, | ||
Office for Victims of Crime for the payment of claims pursuant | ||
to the Crime Victims Compensation Act (740 ILCS 45/). All | ||
moneys in the Fund shall be used for payment of claims pursuant | ||
to the Crime Victims Compensation Act (740 ILCS 45/). The | ||
General Assembly may appropriate moneys from the Court of | ||
Claims Federal Recovery Victim Compensation Grant Fund to the | ||
Court of Claims for the purpose of payment of claims pursuant | ||
to the Crime Victims Compensation Act (740 ILCS 45/). | ||
(30 ILCS 105/6z-30) | ||
Sec. 6z-30. University of Illinois Hospital Services Fund. |
(a) The University of Illinois Hospital Services Fund is | ||
created as a
special fund in the State Treasury. The following | ||
moneys shall be deposited
into the Fund: | ||
(1) As soon as possible after the beginning of each | ||
fiscal year (starting
in fiscal year 2010 ) , and in no event | ||
later than July 30, the State
Comptroller and the State | ||
Treasurer shall automatically transfer $30,000,000
from | ||
the General Revenue Fund to the University of Illinois | ||
Hospital Services
Fund. | ||
(1.5) Starting in fiscal year 2011, as soon as
possible | ||
after the beginning of each fiscal year, and in no event | ||
later than July 30, the State Comptroller and the State | ||
Treasurer shall automatically transfer $45,000,000 from | ||
the General Revenue Fund to the University of Illinois | ||
Hospital Services Fund. | ||
(2) All intergovernmental transfer payments to the | ||
Department of Healthcare and Family Services by the | ||
University of Illinois made pursuant to an
| ||
intergovernmental agreement under subsection (b) or (c) of | ||
Section 5A-3 of
the Illinois Public Aid Code. | ||
(3) All federal matching funds received by the | ||
Department of Healthcare and Family Services (formerly
| ||
Illinois Department of
Public Aid) as a result of | ||
expenditures made by the Department that are
attributable | ||
to moneys that were deposited in the Fund. | ||
(4) All other moneys received for the Fund from any
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other source, including interest earned thereon. | ||
(b) Moneys in the fund may be used by the Department of | ||
Healthcare and Family Services,
subject to appropriation and to | ||
an interagency agreement between that Department and the Board | ||
of Trustees of the University of Illinois, to reimburse the | ||
University of Illinois Hospital for
hospital and pharmacy | ||
services, to reimburse practitioners who are employed by the | ||
University of Illinois, to reimburse other health care | ||
facilities operated by the University of Illinois, and to pass | ||
through to the University of Illinois federal financial | ||
participation earned by the State as a result of expenditures | ||
made by the University of Illinois. | ||
(c) (Blank). | ||
(Source: P.A. 95-331, eff. 8-21-07; 95-744, eff. 7-18-08; | ||
96-45, eff. 7-15-09.) | ||
(30 ILCS 105/6z-63) | ||
Sec. 6z-63. The Professional Services Fund. | ||
(a) The Professional Services Fund is created as a | ||
revolving fund in the State treasury. The following moneys | ||
shall be deposited into the Fund: | ||
(1) amounts authorized for transfer to the Fund from | ||
the General Revenue Fund and other State funds (except for | ||
funds classified by the Comptroller as federal trust funds | ||
or State trust funds) pursuant to State law or Executive | ||
Order; |
(2) federal funds received by the Department of Central | ||
Management Services (the "Department") as a result of | ||
expenditures from the Fund; | ||
(3) interest earned on moneys in the Fund; and | ||
(4) receipts or inter-fund transfers resulting from | ||
billings issued by the Department to State agencies for the | ||
cost of professional services rendered by the Department | ||
that are not compensated through the specific fund | ||
transfers authorized by this Section. | ||
(b) Moneys in the Fund may be used by the Department for | ||
reimbursement or payment for: | ||
(1) providing professional services to State agencies | ||
or other State entities; | ||
(2) rendering other services to State agencies at the | ||
Governor's direction or to other State entities upon | ||
agreement between the Director of Central Management | ||
Services and the appropriate official or governing body of | ||
the other State entity; or | ||
(3) providing for payment of administrative and other | ||
expenses incurred by the Department in providing | ||
professional services. | ||
(c) State agencies or other State entities may direct the | ||
Comptroller to process inter-fund
transfers or make payment | ||
through the voucher and warrant process to the Professional | ||
Services Fund in satisfaction of billings issued under | ||
subsection (a) of this Section. |
(d) Reconciliation. For the fiscal year beginning on July | ||
1, 2004 only, the Director of Central Management Services (the | ||
"Director") shall order that each State agency's payments and | ||
transfers made to the Fund be reconciled with actual Fund costs | ||
for professional services provided by the Department on no less | ||
than an annual basis. The Director may require reports from | ||
State agencies as deemed necessary to perform this | ||
reconciliation. | ||
(e) The following amounts are authorized for transfer into | ||
the
Professional Services Fund for the fiscal year beginning | ||
July 1, 2004: | ||
General Revenue Fund ...........................$5,440,431 | ||
Road Fund ........................................$814,468 | ||
Motor Fuel Tax Fund ..............................$263,500 | ||
Child Support Administrative Fund ................$234,013 | ||
Professions Indirect Cost Fund ...................$276,800 | ||
Capital Development Board Revolving Fund .........$207,610 | ||
Bank & Trust Company Fund ........................$200,214 | ||
State Lottery Fund ...............................$193,691 | ||
Insurance Producer Administration Fund ...........$174,672 | ||
Insurance Financial Regulation Fund ..............$168,327 | ||
Illinois Clean Water Fund ........................$124,675 | ||
Clean Air Act (CAA) Permit Fund ...................$91,803 | ||
Statistical Services Revolving Fund ...............$90,959 | ||
Financial Institution Fund .......................$109,428 | ||
Horse Racing Fund .................................$71,127 |
Health Insurance Reserve Fund .....................$66,577 | ||
Solid Waste Management Fund .......................$61,081 | ||
Guardianship and Advocacy Fund .....................$1,068 | ||
Agricultural Premium Fund ............................$493 | ||
Wildlife and Fish Fund ...............................$247 | ||
Radiation Protection Fund .........................$33,277 | ||
Nuclear Safety Emergency Preparedness Fund ........$25,652 | ||
Tourism Promotion Fund ............................$6,814
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All of these transfers shall be made on July 1, 2004, or as | ||
soon thereafter as practical. These transfers shall be made | ||
notwithstanding any other provision of State law to the | ||
contrary.
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(e-5) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2005 and through June 30, | ||
2006, in addition to any other transfers that may be provided | ||
for by law, at the direction of and upon notification from the | ||
Director of Central Management Services, the State Comptroller | ||
shall direct and the State Treasurer shall transfer amounts | ||
into the Professional Services Fund from the designated funds | ||
not exceeding the following totals:
| ||
Food and Drug Safety Fund ..........................$3,249 | ||
Financial Institution Fund ........................$12,942 | ||
General Professions Dedicated Fund .................$8,579 | ||
Illinois Department of Agriculture | ||
Laboratory
Services Revolving Fund ...........$1,963 | ||
Illinois Veterans' Rehabilitation Fund ............$11,275 |
State Boating Act Fund ............................$27,000 | ||
State Parks Fund ..................................$22,007 | ||
Agricultural Premium Fund .........................$59,483 | ||
Fire Prevention Fund ..............................$29,862 | ||
Mental Health Fund ................................$78,213 | ||
Illinois State Pharmacy Disciplinary Fund ..........$2,744 | ||
Radiation Protection Fund .........................$16,034 | ||
Solid Waste Management Fund .......................$37,669 | ||
Illinois Gaming Law Enforcement Fund ...............$7,260 | ||
Subtitle D Management Fund .........................$4,659 | ||
Illinois State Medical Disciplinary Fund ...........$8,602 | ||
Department of Children and | ||
Family Services Training Fund .................$29,906 | ||
Facility Licensing Fund ............................$1,083 | ||
Youth Alcoholism and Substance | ||
Abuse Prevention Fund ..........................$2,783 | ||
Plugging and Restoration Fund ......................$1,105 | ||
State Crime Laboratory Fund ........................$1,353 | ||
Motor Vehicle Theft Prevention Trust Fund ..........$9,190 | ||
Weights and Measures Fund ..........................$4,932 | ||
Solid Waste Management Revolving | ||
Loan Fund ......................................$2,735 | ||
Illinois School Asbestos Abatement Fund ............$2,166 | ||
Violence Prevention Fund ...........................$5,176 | ||
Capital Development Board Revolving Fund ..........$14,777 | ||
DCFS Children's Services Fund ..................$1,256,594 |
State Police DUI Fund ..............................$1,434 | ||
Illinois Health Facilities Planning Fund ...........$3,191 | ||
Emergency Public Health Fund .......................$7,996 | ||
Fair and Exposition Fund ...........................$3,732 | ||
Nursing Dedicated and Professional Fund ............$5,792 | ||
Optometric Licensing and Disciplinary Board Fund ...$1,032 | ||
Underground Resources Conservation Enforcement Fund .$1,221 | ||
State Rail Freight Loan Repayment Fund .............$6,434 | ||
Drunk and Drugged Driving Prevention Fund ..........$5,473 | ||
Illinois Affordable Housing Trust Fund ...........$118,222 | ||
Community Water Supply Laboratory Fund ............$10,021 | ||
Used Tire Management Fund .........................$17,524 | ||
Natural Areas Acquisition Fund ....................$15,501 | ||
Open Space Lands Acquisition | ||
and Development Fund ..........................$49,105 | ||
Working Capital Revolving Fund ...................$126,344 | ||
State Garage Revolving Fund .......................$92,513 | ||
Statistical Services Revolving Fund ..............$181,949 | ||
Paper and Printing Revolving Fund ..................$3,632 | ||
Air Transportation Revolving Fund ..................$1,969 | ||
Communications Revolving Fund ....................$304,278 | ||
Environmental Laboratory Certification Fund ........$1,357 | ||
Public Health Laboratory Services Revolving Fund ...$5,892 | ||
Provider Inquiry Trust Fund ........................$1,742 | ||
Lead Poisoning Screening, | ||
Prevention, and Abatement Fund .................$8,200 |
Drug Treatment Fund ...............................$14,028 | ||
Feed Control Fund ..................................$2,472 | ||
Plumbing Licensure and Program Fund ................$3,521 | ||
Insurance Premium Tax Refund Fund ..................$7,872 | ||
Tax Compliance and Administration Fund .............$5,416 | ||
Appraisal Administration Fund ......................$2,924 | ||
Trauma Center Fund ................................$40,139 | ||
Alternate Fuels Fund ...............................$1,467 | ||
Illinois State Fair Fund ..........................$13,844 | ||
State Asset Forfeiture Fund ........................$8,210 | ||
Federal Asset Forfeiture Fund ......................$6,471 | ||
Department of Corrections Reimbursement | ||
and Education Fund ............................$78,965 | ||
Health Facility Plan Review Fund ...................$3,444 | ||
LEADS Maintenance Fund .............................$6,075 | ||
State Offender DNA Identification | ||
System Fund ....................................$1,712 | ||
Illinois Historic Sites Fund .......................$4,511 | ||
Public Pension Regulation Fund .....................$2,313 | ||
Workforce, Technology, and Economic | ||
Development Fund ...............................$5,357 | ||
Renewable Energy Resources Trust Fund .............$29,920 | ||
Energy Efficiency Trust Fund .......................$8,368 | ||
Pesticide Control Fund .............................$6,687 | ||
Conservation 2000 Fund ............................$30,764 | ||
Wireless Carrier Reimbursement Fund ...............$91,024 |
International Tourism Fund ........................$13,057 | ||
Public Transportation Fund .......................$701,837 | ||
Horse Racing Fund .................................$18,589 | ||
Death Certificate Surcharge Fund ...................$1,901 | ||
State Police Wireless Service | ||
Emergency Fund .................................$1,012 | ||
Downstate Public Transportation Fund .............$112,085 | ||
Motor Carrier Safety Inspection Fund ...............$6,543 | ||
State Police Whistleblower Reward | ||
and Protection Fund ............................$1,894 | ||
Illinois Standardbred Breeders Fund ................$4,412 | ||
Illinois Thoroughbred Breeders Fund ................$6,635 | ||
Illinois Clean Water Fund .........................$17,579 | ||
Independent Academic Medical Center Fund ...........$5,611 | ||
Child Support Administrative Fund ................$432,527 | ||
Corporate Headquarters Relocation | ||
Assistance Fund ................................$4,047 | ||
Local Initiative Fund .............................$58,762 | ||
Tourism Promotion Fund ............................$88,072 | ||
Digital Divide Elimination Fund ...................$11,593 | ||
Presidential Library and Museum Operating Fund .....$4,624 | ||
Metro-East Public Transportation Fund .............$47,787 | ||
Medical Special Purposes Trust Fund ...............$11,779 | ||
Dram Shop Fund ....................................$11,317 | ||
Illinois State Dental Disciplinary Fund ............$1,986 | ||
Hazardous Waste Research Fund ......................$1,333 |
Real Estate License Administration Fund ...........$10,886 | ||
Traffic and Criminal Conviction | ||
Surcharge Fund ................................$44,798 | ||
Criminal Justice Information | ||
Systems Trust Fund .............................$5,693 | ||
Design Professionals Administration | ||
and Investigation Fund .........................$2,036 | ||
State Surplus Property Revolving Fund ..............$6,829 | ||
Illinois Forestry Development Fund .................$7,012 | ||
State Police Services Fund ........................$47,072 | ||
Youth Drug Abuse Prevention Fund ...................$1,299 | ||
Metabolic Screening and Treatment Fund ............$15,947 | ||
Insurance Producer Administration Fund ............$30,870 | ||
Coal Technology Development Assistance Fund .......$43,692 | ||
Rail Freight Loan Repayment Fund ...................$1,016 | ||
Low-Level Radioactive Waste | ||
Facility
Development and Operation Fund ......$1,989 | ||
Environmental Protection Permit and Inspection Fund .$32,125 | ||
Park and Conservation Fund ........................$41,038 | ||
Local Tourism Fund ................................$34,492 | ||
Illinois Capital Revolving Loan Fund ..............$10,624 | ||
Illinois Equity Fund ...............................$1,929 | ||
Large Business Attraction Fund .....................$5,554 | ||
Illinois Beach Marina Fund .........................$5,053 | ||
International and Promotional Fund .................$1,466 | ||
Public Infrastructure Construction |
Loan Revolving Fund ............................$3,111 | ||
Insurance Financial Regulation Fund ...............$42,575 | ||
Total
$4,975,487
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(e-7) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2006 and through June 30, | ||
2007, in addition to any other transfers that may be provided | ||
for by law, at the direction of and upon notification from the | ||
Director of Central Management Services, the State Comptroller | ||
shall direct and the State Treasurer shall transfer amounts | ||
into the Professional Services Fund from the designated funds | ||
not exceeding the following totals: | ||
Food and Drug Safety Fund ..........................$3,300 | ||
Financial Institution Fund ........................$13,000 | ||
General Professions Dedicated Fund .................$8,600 | ||
Illinois Department of Agriculture | ||
Laboratory Services Revolving Fund .............$2,000 | ||
Illinois Veterans' Rehabilitation Fund ............$11,300 | ||
State Boating Act Fund ............................$27,200 | ||
State Parks Fund ..................................$22,100 | ||
Agricultural Premium Fund .........................$59,800 | ||
Fire Prevention Fund ..............................$30,000 | ||
Mental Health Fund ................................$78,700 | ||
Illinois State Pharmacy Disciplinary Fund ..........$2,800 | ||
Radiation Protection Fund .........................$16,100 | ||
Solid Waste Management Fund .......................$37,900 | ||
Illinois Gaming Law Enforcement Fund ...............$7,300 |
Subtitle D Management Fund .........................$4,700 | ||
Illinois State Medical Disciplinary Fund ...........$8,700 | ||
Facility Licensing Fund ............................$1,100 | ||
Youth Alcoholism and | ||
Substance Abuse Prevention Fund ................$2,800 | ||
Plugging and Restoration Fund ......................$1,100 | ||
State Crime Laboratory Fund ........................$1,400 | ||
Motor Vehicle Theft Prevention Trust Fund ..........$9,200 | ||
Weights and Measures Fund ..........................$5,000 | ||
Illinois School Asbestos Abatement Fund ............$2,200 | ||
Violence Prevention Fund ...........................$5,200 | ||
Capital Development Board Revolving Fund ..........$14,900 | ||
DCFS Children's Services Fund ..................$1,294,000 | ||
State Police DUI Fund ..............................$1,400 | ||
Illinois Health Facilities Planning Fund ...........$3,200 | ||
Emergency Public Health Fund .......................$8,000 | ||
Fair and Exposition Fund ...........................$3,800 | ||
Nursing Dedicated and Professional Fund ............$5,800 | ||
Optometric Licensing and Disciplinary Board Fund ...$1,000 | ||
Underground Resources Conservation | ||
Enforcement Fund ...............................$1,200 | ||
State Rail Freight Loan Repayment Fund .............$6,500 | ||
Drunk and Drugged Driving Prevention Fund ..........$5,500 | ||
Illinois Affordable Housing Trust Fund ...........$118,900 | ||
Community Water Supply Laboratory Fund ............$10,100 | ||
Used Tire Management Fund .........................$17,600 |
Natural Areas Acquisition Fund ....................$15,600 | ||
Open Space Lands Acquisition | ||
and Development Fund ..........................$49,400 | ||
Working Capital Revolving Fund ...................$127,100 | ||
State Garage Revolving Fund .......................$93,100 | ||
Statistical Services Revolving Fund ..............$183,000 | ||
Paper and Printing Revolving Fund ..................$3,700 | ||
Air Transportation Revolving Fund ..................$2,000 | ||
Communications Revolving Fund ....................$306,100 | ||
Environmental Laboratory Certification Fund ........$1,400 | ||
Public Health Laboratory Services | ||
Revolving Fund .................................$5,900 | ||
Provider Inquiry Trust Fund ........................$1,800 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund .............................$8,200 | ||
Drug Treatment Fund ...............................$14,100 | ||
Feed Control Fund ..................................$2,500 | ||
Plumbing Licensure and Program Fund ................$3,500 | ||
Insurance Premium Tax Refund Fund ..................$7,900 | ||
Tax Compliance and Administration Fund .............$5,400 | ||
Appraisal Administration Fund ......................$2,900 | ||
Trauma Center Fund ................................$40,400 | ||
Alternate Fuels Fund ..............................$1,500
| ||
Illinois State Fair Fund ..........................$13,900 | ||
State Asset Forfeiture Fund ........................$8,300 | ||
Department of Corrections |
Reimbursement and Education Fund ..............$79,400 | ||
Health Facility Plan Review Fund ...................$3,500 | ||
LEADS Maintenance Fund .............................$6,100 | ||
State Offender DNA Identification System Fund ......$1,700 | ||
Illinois Historic Sites Fund .......................$4,500 | ||
Public Pension Regulation Fund .....................$2,300 | ||
Workforce, Technology, and Economic | ||
Development Fund ...............................$5,400 | ||
Renewable Energy Resources Trust Fund .............$30,100 | ||
Energy Efficiency Trust Fund .......................$8,400 | ||
Pesticide Control Fund .............................$6,700 | ||
Conservation 2000 Fund ............................$30,900 | ||
Wireless Carrier Reimbursement Fund ...............$91,600 | ||
International Tourism Fund ........................$13,100 | ||
Public Transportation Fund .......................$705,900 | ||
Horse Racing Fund .................................$18,700 | ||
Death Certificate Surcharge Fund ...................$1,900 | ||
State Police Wireless Service Emergency Fund .......$1,000 | ||
Downstate Public Transportation Fund .............$112,700 | ||
Motor Carrier Safety Inspection Fund ...............$6,600 | ||
State Police Whistleblower | ||
Reward and Protection Fund .....................$1,900 | ||
Illinois Standardbred Breeders Fund ................$4,400 | ||
Illinois Thoroughbred Breeders Fund ................$6,700 | ||
Illinois Clean Water Fund .........................$17,700 | ||
Child Support Administrative Fund ................$435,100 |
Tourism Promotion Fund ............................$88,600 | ||
Digital Divide Elimination Fund ...................$11,700 | ||
Presidential Library and Museum Operating Fund .....$4,700 | ||
Metro-East Public Transportation Fund .............$48,100 | ||
Medical Special Purposes Trust Fund ...............$11,800 | ||
Dram Shop Fund ....................................$11,400 | ||
Illinois State Dental Disciplinary Fund ............$2,000 | ||
Hazardous Waste Research Fund ......................$1,300 | ||
Real Estate License Administration Fund ...........$10,900 | ||
Traffic and Criminal Conviction Surcharge Fund ....$45,100 | ||
Criminal Justice Information Systems Trust Fund ....$5,700 | ||
Design Professionals Administration | ||
and Investigation Fund .........................$2,000 | ||
State Surplus Property Revolving Fund ..............$6,900 | ||
State Police Services Fund ........................$47,300 | ||
Youth Drug Abuse Prevention Fund ...................$1,300 | ||
Metabolic Screening and Treatment Fund ............$16,000 | ||
Insurance Producer Administration Fund ............$31,100 | ||
Coal Technology Development Assistance Fund .......$43,900 | ||
Low-Level Radioactive Waste Facility | ||
Development and Operation Fund .................$2,000 | ||
Environmental Protection Permit | ||
and Inspection Fund ...........................$32,300 | ||
Park and Conservation Fund ........................$41,300 | ||
Local Tourism Fund ................................$34,700 | ||
Illinois Capital Revolving Loan Fund ..............$10,700 |
Illinois Equity Fund ...............................$1,900 | ||
Large Business Attraction Fund .....................$5,600 | ||
Illinois Beach Marina Fund .........................$5,100 | ||
International and Promotional Fund .................$1,500 | ||
Public Infrastructure Construction | ||
Loan Revolving Fund ............................$3,100 | ||
Insurance Financial Regulation Fund ..............$42,800
| ||
Total $4,918,200
| ||
(e-10) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on the first day of each calendar quarter | ||
of the fiscal year beginning July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Professional Services Fund amounts equal to one-fourth | ||
of each of the following totals:
| ||
General Revenue Fund ...........................$4,440,000 | ||
Road Fund ......................................$5,324,411 | ||
Total $9,764,411
| ||
(e-15) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, the State Comptroller shall direct and the | ||
State Treasurer shall transfer from the funds specified into | ||
the Professional Services Fund according to the schedule | ||
specified herein as follows:
| ||
General Revenue Fund ..........................$4,466,000
|
Road Fund .....................................$5,355,500
| ||
Total $9,821,500
| ||
One-fourth of the specified amount shall be transferred on | ||
each of July 1 and October 1, 2006, or as soon as may be | ||
practical thereafter, and one-half of the specified amount | ||
shall be transferred on January 1, 2007, or as soon as may be | ||
practical thereafter.
| ||
(e-20) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2010 and through June 30, | ||
2011, in addition to any other transfers that may be provided | ||
for by law, at the direction of and upon notification from the | ||
Director of Central Management Services, the State Comptroller | ||
shall direct and the State Treasurer shall transfer amounts | ||
into the Professional Services Fund from the designated funds | ||
not exceeding the following totals: | ||
Grade Crossing Protection Fund ...................$55,300 | ||
Financial Institution Fund .......................$10,000 | ||
General Professions Dedicated Fund ...............$11,600 | ||
Illinois Veterans' Rehabilitation Fund ...........$10,800 | ||
State Boating Act Fund ...........................$23,500 | ||
State Parks Fund .................................$21,200 | ||
Agricultural Premium Fund ........................$55,400 | ||
Fire Prevention Fund .............................$46,100 | ||
Mental Health Fund ...............................$45,200 | ||
Illinois State Pharmacy Disciplinary Fund ...........$300 | ||
Radiation Protection Fund ........................$12,900 |
Solid Waste Management Fund ......................$48,100 | ||
Illinois Gaming Law Enforcement Fund ..............$2,900 | ||
Subtitle D Management Fund ........................$6,300 | ||
Illinois State Medical Disciplinary Fund ..........$9,200 | ||
Weights and Measures Fund .........................$6,700 | ||
Violence Prevention Fund ..........................$4,000 | ||
Capital Development Board Revolving Fund ..........$7,900 | ||
DCFS Children's Services Fund ...................$804,800 | ||
Illinois Health Facilities Planning Fund ..........$4,000 | ||
Emergency Public Health Fund ......................$7,600 | ||
Nursing Dedicated and Professional Fund ...........$5,600 | ||
State Rail Freight Loan Repayment Fund ............$1,700 | ||
Drunk and Drugged Driving Prevention Fund .........$4,600 | ||
Community Water Supply Laboratory Fund ............$3,100 | ||
Used Tire Management Fund ........................$15,200 | ||
Natural Areas Acquisition Fund ...................$33,400 | ||
Open Space Lands Acquisition | ||
and Development Fund .........................$62,100 | ||
Working Capital Revolving Fund ...................$91,700 | ||
State Garage Revolving Fund ......................$89,600 | ||
Statistical Services Revolving Fund .............$277,700 | ||
Communications Revolving Fund ...................$248,100 | ||
Facilities Management Revolving Fund ............$472,600 | ||
Public Health Laboratory Services | ||
Revolving Fund ................................$5,900 | ||
Lead Poisoning Screening, Prevention, |
and Abatement Fund ............................$7,900 | ||
Drug Treatment Fund ...............................$8,700 | ||
Tax Compliance and Administration Fund ............$8,300 | ||
Trauma Center Fund ...............................$34,800 | ||
Illinois State Fair Fund .........................$12,700 | ||
Department of Corrections | ||
Reimbursement and Education Fund .............$77,600 | ||
Illinois Historic Sites Fund ......................$4,200 | ||
Pesticide Control Fund ............................$7,000 | ||
Partners for Conservation Fund ...................$25,000 | ||
International Tourism Fund .......................$14,100 | ||
Horse Racing Fund ................................$14,800 | ||
Motor Carrier Safety Inspection Fund ..............$4,500 | ||
Illinois Standardbred Breeders Fund ...............$3,400 | ||
Illinois Thoroughbred Breeders Fund ...............$5,200 | ||
Illinois Clean Water Fund ........................$19,400 | ||
Child Support Administrative Fund ...............$398,000 | ||
Tourism Promotion Fund ...........................$75,300 | ||
Digital Divide Elimination Fund ..................$11,800 | ||
Presidential Library and Museum Operating Fund ...$25,900 | ||
Medical Special Purposes Trust Fund ..............$10,800 | ||
Dram Shop Fund ...................................$12,700 | ||
Cycle Rider Safety Training Fund ..................$7,100 | ||
State Police Services Fund .......................$43,600 | ||
Metabolic Screening and Treatment Fund ...........$23,900 | ||
Insurance Producer Administration Fund ...........$16,800 |
Coal Technology Development Assistance Fund ......$43,700 | ||
Environmental Protection Permit | ||
and Inspection Fund ..........................$21,600 | ||
Park and Conservation Fund .......................$38,100 | ||
Local Tourism Fund ...............................$31,800 | ||
Illinois Capital Revolving Loan Fund ..............$5,800 | ||
Large Business Attraction Fund ......................$300 | ||
Adeline Jay Geo-Karis Illinois | ||
Beach Marina Fund .............................$5,000 | ||
Insurance Financial Regulation Fund ..............$23,000 | ||
Total $3,547,900 | ||
(e-25) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, the State Comptroller shall direct and the | ||
State Treasurer shall transfer from the funds specified into | ||
the Professional Services Fund according to the schedule | ||
specified as follows: | ||
General Revenue Fund ..........................$4,600,000 | ||
Road Fund .....................................$4,852,500 | ||
Total $9,452,500 | ||
One fourth of the specified amount shall be transferred on | ||
each of July 1 and October 1, 2010, or as soon as may be | ||
practical thereafter, and one half of the specified amount | ||
shall be transferred on January 1, 2011, or as soon as may be | ||
practical thereafter. | ||
(f) The term "professional services" means services |
rendered on behalf of State agencies and other State entities
| ||
pursuant to Section 405-293 of the Department of Central | ||
Management Services Law of the Civil Administrative Code of | ||
Illinois.
| ||
(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05; 94-839, | ||
eff. 6-6-06.) | ||
(30 ILCS 105/6z-64) | ||
Sec. 6z-64. The Workers' Compensation Revolving Fund. | ||
(a) The Workers' Compensation Revolving Fund is created as | ||
a revolving fund, not subject to fiscal year limitations, in | ||
the State treasury. The following moneys shall be deposited | ||
into the Fund: | ||
(1) amounts authorized for transfer to the Fund from | ||
the General Revenue Fund and other State funds (except for | ||
funds classified by the Comptroller as federal trust funds | ||
or State trust funds) pursuant to State law or Executive | ||
Order; | ||
(2) federal funds received by the Department of Central | ||
Management Services (the "Department") as a result of | ||
expenditures from the Fund; | ||
(3) interest earned on moneys in the Fund; | ||
(4) receipts or inter-fund transfers resulting from | ||
billings issued by the Department to State agencies and | ||
universities for the cost of workers' compensation | ||
services rendered by the Department that are not |
compensated through the specific fund transfers authorized | ||
by this Section, if any; | ||
(5) amounts received from a State agency or university | ||
for workers' compensation payments for temporary total | ||
disability, as provided in Section 405-105 of the | ||
Department of Central Management Services Law of the Civil | ||
Administrative Code of Illinois; and | ||
(6) amounts recovered through subrogation in workers' | ||
compensation and workers' occupational disease cases. | ||
(b) Moneys in the Fund may be used by the Department for | ||
reimbursement or payment for: | ||
(1) providing workers' compensation services to State | ||
agencies and State universities; or | ||
(2) providing for payment of administrative and other | ||
expenses incurred by the Department in providing workers' | ||
compensation services. | ||
(c) State agencies may direct the Comptroller to process | ||
inter-fund
transfers or make payment through the voucher and | ||
warrant process to the Workers' Compensation Revolving Fund in | ||
satisfaction of billings issued under subsection (a) of this | ||
Section. | ||
(d) Reconciliation. For the fiscal year beginning on July | ||
1, 2004 only, the Director of Central Management Services (the | ||
"Director") shall order that each State agency's payments and | ||
transfers made to the Fund be reconciled with actual Fund costs | ||
for workers' compensation services provided by the Department |
and attributable to the State agency and relevant fund on no | ||
less than an annual basis. The Director may require reports | ||
from State agencies as deemed necessary to perform this | ||
reconciliation. | ||
(d-5) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2005 and until June 30, 2006, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the | ||
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Mental Health Fund ............................$17,694,000 | ||
Statistical Services Revolving Fund ............$1,252,600 | ||
Department of Corrections Reimbursement | ||
and Education Fund .........................$1,198,600 | ||
Communications Revolving Fund ....................$535,400 | ||
Child Support Administrative Fund ................$441,900 | ||
Health Insurance Reserve Fund ....................$238,900 | ||
Fire Prevention Fund .............................$234,100 | ||
Park and Conservation Fund .......................$142,000 | ||
Motor Fuel Tax Fund ..............................$132,800 | ||
Illinois Workers' Compensation | ||
Commission Operations Fund ...................$123,900 | ||
State Boating Act Fund ...........................$112,300 | ||
Public Utility Fund ..............................$106,500 |
State Lottery Fund ...............................$101,300 | ||
Traffic and Criminal Conviction | ||
Surcharge Fund ................................$88,500 | ||
State Surplus Property Revolving Fund .............$82,700 | ||
Natural Areas Acquisition Fund ....................$65,600 | ||
Securities Audit and Enforcement Fund .............$65,200 | ||
Agricultural Premium Fund .........................$63,400 | ||
Capital Development Fund ..........................$57,500 | ||
State Gaming Fund .................................$54,300 | ||
Underground Storage Tank Fund .....................$53,700 | ||
Illinois State Medical Disciplinary Fund ..........$53,000 | ||
Personal Property Tax Replacement Fund ............$53,000 | ||
General Professions Dedicated Fund ...............$51,900
| ||
Total $23,003,100
| ||
(d-10) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on the first day of each calendar quarter | ||
of the fiscal year beginning July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund amounts equal to | ||
one-fourth of each of the following totals: | ||
General Revenue Fund ......................... $34,000,000 | ||
Road Fund .................................... $25,987,000 | ||
Total $59,987,000
| ||
(d-12) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be | ||
provided for by law, on the effective date of this amendatory | ||
Act of the 94th General Assembly, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
General Revenue Fund ..........................$10,000,000 | ||
Road Fund ......................................$5,000,000 | ||
Total $15,000,000
| ||
(d-15) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
General Revenue Fund .........................$44,028,200
| ||
Road Fund ....................................$28,084,000
| ||
Total $72,112,200
| ||
(d-20) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2006 and until June 30, 2007, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Mental Health Fund ............................$19,121,800 | ||
Statistical Services Revolving Fund ............$1,353,700 | ||
Department of Corrections Reimbursement | ||
and Education Fund .........................$1,295,300 | ||
Communications Revolving Fund ....................$578,600 | ||
Child Support Administrative Fund ................$477,600 | ||
Health Insurance Reserve Fund ....................$258,200 | ||
Fire Prevention Fund .............................$253,000 | ||
Park and Conservation Fund .......................$153,500 | ||
Motor Fuel Tax Fund ..............................$143,500 | ||
Illinois Workers' Compensation | ||
Commission Operations Fund ...................$133,900 | ||
State Boating Act Fund ...........................$121,400 | ||
Public Utility Fund ..............................$115,100 | ||
State Lottery Fund ...............................$109,500 | ||
Traffic and Criminal Conviction Surcharge Fund ....$95,700 | ||
State Surplus Property Revolving Fund .............$89,400 | ||
Natural Areas Acquisition Fund ....................$70,800 | ||
Securities Audit and Enforcement Fund .............$70,400 | ||
Agricultural Premium Fund .........................$68,500 | ||
State Gaming Fund .................................$58,600 | ||
Underground Storage Tank Fund .....................$58,000 | ||
Illinois State Medical Disciplinary Fund ..........$57,200 | ||
Personal Property Tax Replacement Fund ............$57,200 |
General Professions Dedicated Fund ...............$56,100
| ||
Total $24,797,000
| ||
(d-25) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
General Revenue Fund .........................$55,000,000 | ||
Road Fund ....................................$34,803,000 | ||
Total $89,803,000 | ||
(d-30) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2009 and until June 30, 2010, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the | ||
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Food and Drug Safety Fund .........................$13,900 | ||
Teacher Certificate Fee Revolving Fund .............$6,500 | ||
Transportation Regulatory Fund ....................$14,500 | ||
Financial Institution Fund ........................$25,200 | ||
General Professions Dedicated Fund ................$25,300 | ||
Illinois Veterans' Rehabilitation Fund ............$64,600 |
State Boating Act Fund ...........................$177,100 | ||
State Parks Fund .................................$104,300 | ||
Lobbyist Registration Administration Fund .........$14,400 | ||
Agricultural Premium Fund .........................$79,100 | ||
Fire Prevention Fund .............................$360,200 | ||
Mental Health Fund .............................$9,725,200 | ||
Illinois State Pharmacy Disciplinary Fund ..........$5,600 | ||
Public Utility Fund ...............................$40,900 | ||
Radiation Protection Fund .........................$14,200 | ||
Firearm Owner's Notification Fund ..................$1,300 | ||
Solid Waste Management Fund .......................$74,100 | ||
Illinois Gaming Law Enforcement Fund ..............$17,800 | ||
Subtitle D Management Fund ........................$14,100 | ||
Illinois State Medical Disciplinary Fund ..........$26,500 | ||
Facility Licensing Fund ...........................$11,700 | ||
Plugging and Restoration Fund ......................$9,100 | ||
Explosives Regulatory Fund .........................$2,300 | ||
Aggregate Operations Regulatory Fund ...............$5,000 | ||
Coal Mining Regulatory Fund ........................$1,900 | ||
Registered Certified Public Accountants' | ||
Administration and Disciplinary Fund ...........$1,500 | ||
Weights and Measures Fund .........................$56,100 | ||
Division of Corporations Registered | ||
Limited Liability Partnership Fund .............$3,900 | ||
Illinois School Asbestos Abatement Fund ...........$14,000 | ||
Secretary of State Special License Plate Fund .....$30,700 |
Capital Development Board Revolving Fund ..........$27,000 | ||
DCFS Children's Services Fund .....................$69,300 | ||
Asbestos Abatement Fund ...........................$17,200 | ||
Illinois Health Facilities Planning Fund ..........$26,800 | ||
Emergency Public Health Fund .......................$5,600 | ||
Nursing Dedicated and Professional Fund ...........$10,000 | ||
Optometric Licensing and Disciplinary | ||
Board Fund .....................................$1,600 | ||
Underground Resources Conservation | ||
Enforcement Fund ..............................$11,500 | ||
Drunk and Drugged Driving Prevention Fund .........$18,200 | ||
Long Term Care Monitor/Receiver Fund ..............$35,400 | ||
Community Water Supply Laboratory Fund .............$5,600 | ||
Securities Investors Education Fund ................$2,000 | ||
Used Tire Management Fund .........................$32,400 | ||
Natural Areas Acquisition Fund ...................$101,200 | ||
Open Space Lands Acquisition | ||
and
Development Fund ..................$28,400 | ||
Working Capital Revolving Fund ...................$489,100 | ||
State Garage Revolving Fund ......................$791,900 | ||
Statistical Services Revolving Fund ............$3,984,700 | ||
Communications Revolving Fund ..................$1,432,800 | ||
Facilities Management Revolving Fund ...........$1,911,600 | ||
Professional Services Fund .......................$483,600 | ||
Motor Vehicle Review Board Fund ...................$15,000 | ||
Environmental Laboratory Certification Fund ........$3,000 |
Public Health Laboratory Services | ||
Revolving Fund .................................$2,500 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund ............................$28,200 | ||
Securities Audit and Enforcement Fund ............$258,400 | ||
Department of Business Services | ||
Special Operations Fund ......................$111,900 | ||
Feed Control Fund .................................$20,800 | ||
Tanning Facility Permit Fund .......................$5,400 | ||
Plumbing Licensure and Program Fund ...............$24,400 | ||
Tax Compliance and Administration Fund ............$27,200 | ||
Appraisal Administration Fund ......................$2,400 | ||
Small Business Environmental Assistance Fund .......$2,200 | ||
Illinois State Fair Fund ..........................$31,400 | ||
Secretary of State Special Services Fund .........$317,600 | ||
Department of Corrections Reimbursement | ||
and Education Fund ...........................$324,500 | ||
Health Facility Plan Review Fund ..................$31,200 | ||
Illinois Historic Sites Fund ......................$11,500 | ||
Attorney General Court Ordered and Voluntary | ||
Compliance Payment Projects Fund ..............$18,500 | ||
Public Pension Regulation Fund .....................$5,600 | ||
Illinois Charity Bureau Fund ......................$11,400 | ||
Renewable Energy Resources Trust Fund ..............$6,700 | ||
Energy Efficiency Trust Fund .......................$3,600 | ||
Pesticide Control Fund ............................$56,800 |
Attorney General Whistleblower Reward | ||
and Protection Fund ...........................$14,200 | ||
Partners for Conservation Fund ....................$36,900 | ||
Capital Litigation Trust Fund ........................$800 | ||
Motor Vehicle License Plate Fund ..................$99,700 | ||
Horse Racing Fund .................................$18,900 | ||
Death Certificate Surcharge Fund ..................$12,800 | ||
Auction Regulation Administration Fund ...............$500 | ||
Motor Carrier Safety Inspection Fund ..............$55,800 | ||
Assisted Living and Shared Housing | ||
Regulatory Fund ..................................$900 | ||
Illinois Thoroughbred Breeders Fund ................$9,200 | ||
Illinois Clean Water Fund .........................$42,300 | ||
Secretary of State DUI Administration Fund ........$16,100 | ||
Child Support Administrative Fund ..............$1,037,900 | ||
Secretary of State Police Services Fund ............$1,200 | ||
Tourism Promotion Fund ............................$34,400 | ||
IMSA Income Fund ..................................$12,700 | ||
Presidential Library and Museum Operating Fund ....$83,000 | ||
Dram Shop Fund ....................................$44,500 | ||
Illinois State Dental Disciplinary Fund ............$5,700 | ||
Cycle Rider Safety Training Fund ...................$8,700 | ||
Traffic and Criminal Conviction Surcharge Fund ...$106,100 | ||
Design Professionals Administration | ||
and Investigation Fund .........................$4,500 | ||
State Police Services Fund .......................$276,100 |
Metabolic Screening and Treatment Fund ............$90,800 | ||
Insurance Producer Administration Fund ............$45,600 | ||
Coal Technology Development Assistance Fund .......$11,700 | ||
Hearing Instrument Dispenser Examining | ||
and Disciplinary Fund ..........................$1,900 | ||
Low-Level Radioactive Waste Facility | ||
Development and Operation Fund .................$1,000 | ||
Environmental Protection Permit and | ||
Inspection Fund ...............................$66,900 | ||
Park and Conservation Fund .......................$199,300 | ||
Local Tourism Fund .................................$2,400 | ||
Illinois Capital Revolving Loan Fund ..............$10,000 | ||
Large Business Attraction Fund .......................$100 | ||
Adeline Jay Geo-Karis Illinois Beach | ||
Marina Fund ...................................$27,200 | ||
Public Infrastructure Construction | ||
Loan Revolving Fund ............................$1,700 | ||
Insurance Financial Regulation Fund ...............$69,200 | ||
Total $24,197,800 | ||
(d-35) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: |
General Revenue Fund .........................$55,000,000 | ||
Road Fund ....................................$50,955,300 | ||
Total $105,955,300 | ||
(d-40) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2010 and until June 30, 2011, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the | ||
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Food and Drug Safety Fund .........................$8,700 | ||
Financial Institution Fund .......................$44,500 | ||
General Professions Dedicated Fund ...............$51,400 | ||
Live and Learn Fund ..............................$10,900 | ||
Illinois Veterans' Rehabilitation Fund ..........$106,000 | ||
State Boating Act Fund ..........................$288,200 | ||
State Parks Fund ................................$185,900 | ||
Wildlife and Fish Fund ........................$1,550,300 | ||
Lobbyist Registration Administration Fund ........$18,100 | ||
Agricultural Premium Fund .......................$176,100 | ||
Mental Health Fund ..............................$291,900 | ||
Firearm Owner's Notification Fund .................$2,300 | ||
Illinois Gaming Law Enforcement Fund .............$11,300 | ||
Illinois State Medical Disciplinary Fund .........$42,300 | ||
Facility Licensing Fund ..........................$14,200 |
Plugging and Restoration Fund ....................$15,600 | ||
Explosives Regulatory Fund ........................$4,800 | ||
Aggregate Operations Regulatory Fund ..............$6,000 | ||
Coal Mining Regulatory Fund .......................$7,200 | ||
Registered Certified Public Accountants' | ||
Administration and Disciplinary Fund ..........$1,900 | ||
Weights and Measures Fund .......................$105,200 | ||
Division of Corporations Registered | ||
Limited Liability Partnership Fund ............$5,300 | ||
Illinois School Asbestos Abatement Fund ..........$19,900 | ||
Secretary of State Special License Plate Fund ....$38,700 | ||
DCFS Children's Services Fund ...................$123,100 | ||
Illinois Health Facilities Planning Fund .........$29,700 | ||
Emergency Public Health Fund ......................$6,800 | ||
Nursing Dedicated and Professional Fund ..........$13,500 | ||
Optometric Licensing and Disciplinary | ||
Board Fund ....................................$1,800 | ||
Underground Resources Conservation | ||
Enforcement Fund .............................$16,500 | ||
Mandatory Arbitration Fund ........................$5,400 | ||
Drunk and Drugged Driving Prevention Fund ........$26,400 | ||
Long Term Care Monitor/Receiver Fund .............$43,800 | ||
Securities Investors Education Fund ..............$28,500 | ||
Used Tire Management Fund .........................$6,300 | ||
Natural Areas Acquisition Fund ..................$185,000 | ||
Open Space Lands Acquisition and |
Development Fund .............................$46,800 | ||
Working Capital Revolving Fund ..................$741,500 | ||
State Garage Revolving Fund .....................$356,200 | ||
Statistical Services Revolving Fund ...........$1,775,900 | ||
Communications Revolving Fund ...................$630,600 | ||
Facilities Management Revolving Fund ............$870,800 | ||
Professional Services Fund ......................$275,500 | ||
Motor Vehicle Review Board Fund ..................$12,900 | ||
Public Health Laboratory Services | ||
Revolving Fund ................................$5,300 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund ...........................$42,100 | ||
Securities Audit and Enforcement Fund ...........$162,700 | ||
Department of Business Services | ||
Special Operations Fund .....................$143,700 | ||
Feed Control Fund ................................$32,300 | ||
Tanning Facility Permit Fund ......................$3,900 | ||
Plumbing Licensure and Program Fund ..............$32,600 | ||
Tax Compliance and Administration Fund ...........$48,400 | ||
Appraisal Administration Fund .....................$3,600 | ||
Illinois State Fair Fund .........................$30,200 | ||
Secretary of State Special Services Fund ........$214,400 | ||
Department of Corrections Reimbursement | ||
and Education Fund ..........................$438,300 | ||
Health Facility Plan Review Fund .................$29,900 | ||
Public Pension Regulation Fund ....................$9,900 |
Pesticide Control Fund ..........................$107,500 | ||
Partners for Conservation Fund ..................$189,300 | ||
Motor Vehicle License Plate Fund ................$143,800 | ||
Horse Racing Fund ................................$20,900 | ||
Death Certificate Surcharge Fund .................$16,800 | ||
Auction Regulation Administration Fund ............$1,000 | ||
Motor Carrier Safety Inspection Fund .............$56,800 | ||
Assisted Living and Shared Housing | ||
Regulatory Fund ...............................$2,200 | ||
Illinois Thoroughbred Breeders Fund ..............$18,100 | ||
Secretary of State DUI Administration Fund .......$19,800 | ||
Child Support Administrative Fund .............$1,809,500 | ||
Secretary of State Police Services Fund ...........$2,500 | ||
Medical Special Purposes Trust Fund ..............$20,400 | ||
Dram Shop Fund ...................................$57,200 | ||
Illinois State Dental Disciplinary Fund ...........$9,500 | ||
Cycle Rider Safety Training Fund .................$12,200 | ||
Traffic and Criminal Conviction Surcharge Fund ..$128,900 | ||
Design Professionals Administration | ||
and Investigation Fund ........................$7,300 | ||
State Police Services Fund ......................$335,700 | ||
Metabolic Screening and Treatment Fund ...........$81,600 | ||
Insurance Producer Administration Fund ...........$77,000 | ||
Hearing Instrument Dispenser Examining | ||
and Disciplinary Fund .........................$1,900 | ||
Park and Conservation Fund ......................$361,500 |
Adeline Jay Geo-Karis Illinois Beach | ||
Marina Fund ..................................$42,800 | ||
Insurance Financial Regulation Fund .............$108,000 | ||
Total $13,033,200 | ||
(e) The term "workers' compensation services" means | ||
services, claims expenses, and related administrative costs | ||
incurred in performing the duties under
Sections 405-105 and | ||
405-411 of the Department of Central Management Services Law of | ||
the Civil Administrative Code of Illinois.
| ||
(Source: P.A. 95-744, eff. 7-18-08; 96-45, eff. 7-15-09.) | ||
(30 ILCS 105/6z-70) | ||
Sec. 6z-70. The Secretary of State Identification Security | ||
and Theft Prevention Fund. | ||
(a) The Secretary of State Identification Security and | ||
Theft Prevention Fund is created as a special fund in the State | ||
treasury. The Fund shall consist of any fund transfers, grants, | ||
fees, or moneys from other sources received for the purpose of | ||
funding identification security and theft prevention measures. | ||
(b) All moneys in the Secretary of State Identification | ||
Security and Theft Prevention Fund shall be used, subject to | ||
appropriation, for any costs related to implementing | ||
identification security and theft prevention measures. | ||
(c) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2007, and until June 30, 2008, in | ||
addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Lobbyist Registration Administration Fund .......$100,000 | ||
Registered Limited Liability Partnership Fund ....$75,000 | ||
Securities Investors Education Fund .............$500,000 | ||
Securities Audit and Enforcement Fund .........$5,725,000 | ||
Department of Business Services | ||
Special Operations Fund .......................$3,000,000 | ||
Corporate Franchise Tax Refund Fund .........$3,000,000.
| ||
(d) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2008, and until June 30, 2009, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Lobbyist Registration Administration Fund ........$100,000 | ||
Registered Limited Liability Partnership Fund .....$75,000 | ||
Securities Investors Education Fund ..............$500,000 | ||
Securities Audit and Enforcement Fund ..........$5,725,000 | ||
Department of Business Services | ||
Special Operations Fund ...................$3,000,000 |
Corporate Franchise Tax Refund Fund ............$3,000,000 | ||
State Parking Facility Maintenance Fund .........$100,000 | ||
(e) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2009, and until June 30, 2010, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Lobbyist Registration Administration Fund .......$100,000 | ||
Registered Limited Liability Partnership Fund ...$175,000 | ||
Securities Investors Education Fund .............$750,000 | ||
Securities Audit and Enforcement Fund ...........$750,000 | ||
Department of Business Services | ||
Special Operations Fund ...................$3,000,000 | ||
Corporate Franchise Tax Refund Fund ...........$3,000,000 | ||
State Parking Facility Maintenance Fund .........$100,000 | ||
(f) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2010, and until June 30, 2011, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: |
Registered Limited Liability Partnership Fund ...$287,000 | ||
Securities Investors Education Board ............$750,000 | ||
Securities Audit and Enforcement Fund ...........$750,000 | ||
Department of Business Services Special | ||
Operations Fund ...........................$3,000,000 | ||
Corporate Franchise Tax Refund Fund ...........$3,000,000 | ||
(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; | ||
96-45, eff. 7-15-09.) | ||
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3) | ||
Sec. 8.3. Money in the Road Fund shall, if and when the | ||
State of
Illinois incurs any bonded indebtedness for the | ||
construction of
permanent highways, be set aside and used for | ||
the purpose of paying and
discharging annually the principal | ||
and interest on that bonded
indebtedness then due and payable, | ||
and for no other purpose. The
surplus, if any, in the Road Fund | ||
after the payment of principal and
interest on that bonded | ||
indebtedness then annually due shall be used as
follows: | ||
first -- to pay the cost of administration of Chapters | ||
2 through 10 of
the Illinois Vehicle Code, except the cost | ||
of administration of Articles I and
II of Chapter 3 of that | ||
Code; and | ||
secondly -- for expenses of the Department of | ||
Transportation for
construction, reconstruction, | ||
improvement, repair, maintenance,
operation, and | ||
administration of highways in accordance with the
|
provisions of laws relating thereto, or for any purpose | ||
related or
incident to and connected therewith, including | ||
the separation of grades
of those highways with railroads | ||
and with highways and including the
payment of awards made | ||
by the Illinois Workers' Compensation Commission under the | ||
terms of
the Workers' Compensation Act or Workers' | ||
Occupational Diseases Act for
injury or death of an | ||
employee of the Division of Highways in the
Department of | ||
Transportation; or for the acquisition of land and the
| ||
erection of buildings for highway purposes, including the | ||
acquisition of
highway right-of-way or for investigations | ||
to determine the reasonably
anticipated future highway | ||
needs; or for making of surveys, plans,
specifications and | ||
estimates for and in the construction and maintenance
of | ||
flight strips and of highways necessary to provide access | ||
to military
and naval reservations, to defense industries | ||
and defense-industry
sites, and to the sources of raw | ||
materials and for replacing existing
highways and highway | ||
connections shut off from general public use at
military | ||
and naval reservations and defense-industry sites, or for | ||
the
purchase of right-of-way, except that the State shall | ||
be reimbursed in
full for any expense incurred in building | ||
the flight strips; or for the
operating and maintaining of | ||
highway garages; or for patrolling and
policing the public | ||
highways and conserving the peace; or for the operating | ||
expenses of the Department relating to the administration |
of public transportation programs; or for any of
those | ||
purposes or any other purpose that may be provided by law. | ||
Appropriations for any of those purposes are payable from | ||
the Road
Fund. Appropriations may also be made from the Road | ||
Fund for the
administrative expenses of any State agency that | ||
are related to motor
vehicles or arise from the use of motor | ||
vehicles. | ||
Beginning with fiscal year 1980 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement; | ||
1. Department of Public Health; | ||
2. Department of Transportation, only with respect to | ||
subsidies for
one-half fare Student Transportation and | ||
Reduced Fare for Elderly; | ||
3. Department of Central Management
Services, except | ||
for expenditures
incurred for group insurance premiums of | ||
appropriate personnel; | ||
4. Judicial Systems and Agencies. | ||
Beginning with fiscal year 1981 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: | ||
1. Department of State Police, except for expenditures | ||
with
respect to the Division of Operations; | ||
2. Department of Transportation, only with respect to | ||
Intercity Rail
Subsidies and Rail Freight Services. | ||
Beginning with fiscal year 1982 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement: Department
of Central | ||
Management Services, except for awards made by
the Illinois | ||
Workers' Compensation Commission under the terms of the | ||
Workers' Compensation Act
or Workers' Occupational Diseases | ||
Act for injury or death of an employee of
the Division of | ||
Highways in the Department of Transportation. | ||
Beginning with fiscal year 1984 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement: | ||
1. Department of State Police, except not more than 40% | ||
of the
funds appropriated for the Division of Operations; | ||
2. State Officers. | ||
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to any Department or agency | ||
of State government
for administration, grants, or operations | ||
except as provided hereafter;
but this limitation is not a | ||
restriction upon appropriating for those
purposes any Road Fund | ||
monies that are eligible for federal
reimbursement. It shall | ||
not be lawful to circumvent the above
appropriation limitations | ||
by governmental reorganization or other
methods. | ||
Appropriations shall be made from the Road Fund only in
| ||
accordance with the provisions of this Section. | ||
Money in the Road Fund shall, if and when the State of | ||
Illinois
incurs any bonded indebtedness for the construction of | ||
permanent
highways, be set aside and used for the purpose of | ||
paying and
discharging during each fiscal year the principal | ||
and interest on that
bonded indebtedness as it becomes due and | ||
payable as provided in the
Transportation Bond Act, and for no | ||
other
purpose. The surplus, if any, in the Road Fund after the | ||
payment of
principal and interest on that bonded indebtedness | ||
then annually due
shall be used as follows: | ||
first -- to pay the cost of administration of Chapters | ||
2 through 10
of the Illinois Vehicle Code; and | ||
secondly -- no Road Fund monies derived from fees, | ||
excises, or
license taxes relating to registration, | ||
operation and use of vehicles on
public highways or to | ||
fuels used for the propulsion of those vehicles,
shall be | ||
appropriated or expended other than for costs of | ||
administering
the laws imposing those fees, excises, and |
license taxes, statutory
refunds and adjustments allowed | ||
thereunder, administrative costs of the
Department of | ||
Transportation, including, but not limited to, the | ||
operating expenses of the Department relating to the | ||
administration of public transportation programs, payment | ||
of debts and liabilities incurred
in construction and | ||
reconstruction of public highways and bridges,
acquisition | ||
of rights-of-way for and the cost of construction,
| ||
reconstruction, maintenance, repair, and operation of | ||
public highways and
bridges under the direction and | ||
supervision of the State, political
subdivision, or | ||
municipality collecting those monies, and the costs for
| ||
patrolling and policing the public highways (by State, | ||
political
subdivision, or municipality collecting that | ||
money) for enforcement of
traffic laws. The separation of | ||
grades of such highways with railroads
and costs associated | ||
with protection of at-grade highway and railroad
crossing | ||
shall also be permissible. | ||
Appropriations for any of such purposes are payable from | ||
the Road
Fund or the Grade Crossing Protection Fund as provided | ||
in Section 8 of
the Motor Fuel Tax Law. | ||
Except as provided in this paragraph, beginning with fiscal | ||
year 1991 and
thereafter, no Road Fund monies
shall be | ||
appropriated to the Department of State Police for the purposes | ||
of
this Section in excess of its total fiscal year 1990 Road | ||
Fund
appropriations for those purposes unless otherwise |
provided in Section 5g of
this Act.
For fiscal years 2003,
| ||
2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | ||
appropriated to the
Department of State Police for the purposes | ||
of this Section in excess of
$97,310,000.
For fiscal year 2008 | ||
only, no Road
Fund monies shall be appropriated to the | ||
Department of State Police for the purposes of
this Section in | ||
excess of $106,100,000. For fiscal year 2009 only, no Road Fund | ||
monies shall be appropriated to the Department of State Police | ||
for the purposes of this Section in excess of $114,700,000. | ||
Beginning in fiscal year 2010, no road fund moneys shall be | ||
appropriated to the Department of State Police. It shall not be | ||
lawful to circumvent this limitation on
appropriations by | ||
governmental reorganization or other methods unless
otherwise | ||
provided in Section 5g of this Act. | ||
In fiscal year 1994, no Road Fund monies shall be | ||
appropriated
to the
Secretary of State for the purposes of this | ||
Section in excess of the total
fiscal year 1991 Road Fund | ||
appropriations to the Secretary of State for
those purposes, | ||
plus $9,800,000. It
shall not be
lawful to circumvent
this | ||
limitation on appropriations by governmental reorganization or | ||
other
method. | ||
Beginning with fiscal year 1995 and thereafter, no Road | ||
Fund
monies
shall be appropriated to the Secretary of State for | ||
the purposes of this
Section in excess of the total fiscal year | ||
1994 Road Fund
appropriations to
the Secretary of State for | ||
those purposes. It shall not be lawful to
circumvent this |
limitation on appropriations by governmental reorganization
or | ||||||||||||||||||||||
other methods. | ||||||||||||||||||||||
Beginning with fiscal year 2000, total Road Fund | ||||||||||||||||||||||
appropriations to the
Secretary of State for the purposes of | ||||||||||||||||||||||
this Section shall not exceed the
amounts specified for the | ||||||||||||||||||||||
following fiscal years: | ||||||||||||||||||||||
| ||||||||||||||||||||||
For Beginning in fiscal year 2010, no road fund moneys | ||||||||||||||||||||||
shall be appropriated to the Secretary of State. | ||||||||||||||||||||||
Beginning in fiscal year 2011, moneys in the Road Fund | ||||||||||||||||||||||
shall be appropriated to the Secretary of State for the | ||||||||||||||||||||||
exclusive purpose of paying refunds due to overpayment of fees | ||||||||||||||||||||||
related to Chapter 3 of the Illinois Vehicle Code unless | ||||||||||||||||||||||
otherwise provided for by law. | ||||||||||||||||||||||
It shall not be lawful to circumvent this limitation on | ||||||||||||||||||||||
appropriations by
governmental reorganization or other | ||||||||||||||||||||||
methods. |
No new program may be initiated in fiscal year 1991 and
| ||
thereafter that is not consistent with the limitations imposed | ||
by this
Section for fiscal year 1984 and thereafter, insofar as | ||
appropriation of
Road Fund monies is concerned. | ||
Nothing in this Section prohibits transfers from the Road | ||
Fund to the
State Construction Account Fund under Section 5e of | ||
this Act; nor to the
General Revenue Fund, as authorized by | ||
this amendatory Act of
the 93rd
General Assembly. | ||
The additional amounts authorized for expenditure in this | ||
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| ||
shall be repaid to the Road Fund
from the General Revenue Fund | ||
in the next succeeding fiscal year that the
General Revenue | ||
Fund has a positive budgetary balance, as determined by
| ||
generally accepted accounting principles applicable to | ||
government. | ||
The additional amounts authorized for expenditure by the | ||
Secretary of State
and
the Department of State Police in this | ||
Section by this amendatory Act of the
94th General Assembly | ||
shall be repaid to the Road Fund from the General Revenue Fund | ||
in the
next
succeeding fiscal year that the General Revenue | ||
Fund has a positive budgetary
balance,
as determined by | ||
generally accepted accounting principles applicable to
| ||
government. | ||
(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; | ||
96-34, eff. 7-13-09.) |
(30 ILCS 105/8.8) (from Ch. 127, par. 144.8) | ||
Sec. 8.8. Appropriations for the improvement, development, | ||
addition or
expansion of services for the care, treatment, and | ||
training of persons who
are mentally retarded or subject to | ||
involuntary admission under the Mental
Health and | ||
Developmental Disabilities Code or for the financing of any
| ||
program designed to provide such improvement, development, | ||
addition or
expansion of services or for expenses incurred in | ||
administering the
provisions of Sections 5-105 to 5-115, | ||
inclusive, of the Mental Health and
Developmental Disabilities | ||
Code, or other ordinary and contingent expenses
of the | ||
Department of Human Services relating to mental health and
| ||
developmental disabilities, are payable from the Mental Health | ||
Fund.
However, no expenditures shall be made for the purchase, | ||
construction,
lease, or rental of buildings for use as | ||
State-operated mental health or
developmental disability | ||
facilities or for renovating or rehabilitating those
| ||
buildings . | ||
(Source: P.A. 89-507, eff. 7-1-97.) | ||
(30 ILCS 105/8g) | ||
Sec. 8g. Fund transfers. | ||
(a) In addition to any other transfers that may be provided | ||
for by law, as
soon as may be practical after the effective | ||
date of this amendatory Act of
the 91st General Assembly, the | ||
State Comptroller shall direct and the State
Treasurer shall |
transfer the sum of $10,000,000 from the General Revenue Fund
| ||
to the Motor Vehicle License Plate Fund created by Senate Bill | ||
1028 of the 91st
General Assembly. | ||
(b) In addition to any other transfers that may be provided | ||
for by law, as
soon as may be practical after the effective | ||
date of this amendatory Act of
the 91st General Assembly, the | ||
State Comptroller shall direct and the State
Treasurer shall | ||
transfer the sum of $25,000,000 from the General Revenue Fund
| ||
to the Fund for Illinois' Future created by Senate Bill 1066 of | ||
the 91st
General Assembly. | ||
(c) In addition to any other transfers that may be provided | ||
for by law,
on August 30 of each fiscal year's license period, | ||
the Illinois Liquor Control
Commission shall direct and the | ||
State Comptroller and State Treasurer shall
transfer from the | ||
General Revenue Fund to the Youth Alcoholism and Substance
| ||
Abuse Prevention Fund an amount equal to the number of retail | ||
liquor licenses
issued for that fiscal year multiplied by $50. | ||
(d) The payments to programs required under subsection (d) | ||
of Section 28.1
of the Horse Racing Act of 1975 shall be made, | ||
pursuant to appropriation, from
the special funds referred to | ||
in the statutes cited in that subsection, rather
than directly | ||
from the General Revenue Fund. | ||
Beginning January 1, 2000, on the first day of each month, | ||
or as soon
as may be practical thereafter, the State | ||
Comptroller shall direct and the
State Treasurer shall transfer | ||
from the General Revenue Fund to each of the
special funds from |
which payments are to be made under Section 28.1(d) of the
| ||
Horse Racing Act of 1975 an amount equal to 1/12 of the annual | ||
amount required
for those payments from that special fund, | ||
which annual amount shall not exceed
the annual amount for | ||
those payments from that special fund for the calendar
year | ||
1998. The special funds to which transfers shall be made under | ||
this
subsection (d) include, but are not necessarily limited | ||
to, the Agricultural
Premium Fund; the Metropolitan Exposition | ||
Auditorium and Office Building Fund;
the Fair and Exposition | ||
Fund; the Standardbred Breeders Fund; the Thoroughbred
| ||
Breeders Fund; and the Illinois Veterans' Rehabilitation Fund. | ||
(e) In addition to any other transfers that may be provided | ||
for by law,
as soon as may be practical after the effective | ||
date of this amendatory Act of
the 91st General Assembly, but | ||
in no event later than June 30, 2000, the State
Comptroller | ||
shall direct and the State Treasurer shall transfer the sum of
| ||
$15,000,000 from the General Revenue Fund to the Fund for | ||
Illinois' Future. | ||
(f) In addition to any other transfers that may be provided | ||
for by law,
as soon as may be practical after the effective | ||
date of this amendatory Act of
the 91st General Assembly, but | ||
in no event later than June 30, 2000, the State
Comptroller | ||
shall direct and the State Treasurer shall transfer the sum of
| ||
$70,000,000 from the General Revenue Fund to the Long-Term Care | ||
Provider
Fund. | ||
(f-1) In fiscal year 2002, in addition to any other |
transfers that may
be provided for by law, at the direction of | ||
and upon notification from the
Governor, the State Comptroller | ||
shall direct and the State Treasurer shall
transfer amounts not | ||
exceeding a total of $160,000,000 from the General
Revenue Fund | ||
to the Long-Term Care Provider Fund. | ||
(g) In addition to any other transfers that may be provided | ||
for by law,
on July 1, 2001, or as soon thereafter as may be | ||
practical, the State
Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of
$1,200,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(h) In each of fiscal years 2002 through 2004, but not
| ||
thereafter, in
addition to any other transfers that may be | ||
provided for by law, the State
Comptroller shall direct and the | ||
State Treasurer shall transfer $5,000,000
from the General | ||
Revenue Fund to the Tourism Promotion Fund. | ||
(i) On or after July 1, 2001 and until May 1, 2002, in | ||
addition to any
other transfers that may be provided for by | ||
law, at the direction of and upon
notification from the | ||
Governor, the State Comptroller shall direct and the
State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000
from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund.
Any amounts so transferred shall be | ||
re-transferred by the State Comptroller
and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the
General | ||
Revenue Fund at the direction of and upon notification from the
| ||
Governor, but in any event on or before June 30, 2002. |
(i-1) On or after July 1, 2002 and until May 1, 2003, in | ||||||||||||||||||||
addition to any
other transfers that may be provided for by | ||||||||||||||||||||
law, at the direction of and upon
notification from the | ||||||||||||||||||||
Governor, the State Comptroller shall direct and the
State | ||||||||||||||||||||
Treasurer shall transfer amounts not exceeding a total of | ||||||||||||||||||||
$80,000,000
from the General Revenue Fund to the Tobacco | ||||||||||||||||||||
Settlement Recovery Fund.
Any amounts so transferred shall be | ||||||||||||||||||||
re-transferred by the State Comptroller
and the State Treasurer | ||||||||||||||||||||
from the Tobacco Settlement Recovery Fund to the
General | ||||||||||||||||||||
Revenue Fund at the direction of and upon notification from the
| ||||||||||||||||||||
Governor, but in any event on or before June 30, 2003. | ||||||||||||||||||||
(j) On or after July 1, 2001 and no later than June 30, | ||||||||||||||||||||
2002, in addition to
any other transfers that may be provided | ||||||||||||||||||||
for by law, at the direction of and
upon notification from the | ||||||||||||||||||||
Governor, the State Comptroller shall direct and the
State | ||||||||||||||||||||
Treasurer shall transfer amounts not to exceed the following | ||||||||||||||||||||
sums into
the Statistical Services Revolving Fund: | ||||||||||||||||||||
|
| ||||||||||||||||||||||||||
(k) In addition to any other transfers that may be provided | ||||||||||||||||||||||||||
for by law,
as soon as may be practical after the effective | ||||||||||||||||||||||||||
date of this amendatory Act of
the 92nd General Assembly, the | ||||||||||||||||||||||||||
State Comptroller shall direct and the State
Treasurer shall | ||||||||||||||||||||||||||
transfer the sum of $2,000,000 from the General Revenue Fund
to | ||||||||||||||||||||||||||
the Teachers Health Insurance Security Fund. | ||||||||||||||||||||||||||
(k-1) In addition to any other transfers that may be | ||||||||||||||||||||||||||
provided for by
law, on July 1, 2002, or as soon as may be | ||||||||||||||||||||||||||
practical thereafter, the State
Comptroller shall direct and | ||||||||||||||||||||||||||
the State Treasurer shall transfer the sum of
$2,000,000 from | ||||||||||||||||||||||||||
the General Revenue Fund to the Teachers Health Insurance
| ||||||||||||||||||||||||||
Security Fund. | ||||||||||||||||||||||||||
(k-2) In addition to any other transfers that may be | ||||||||||||||||||||||||||
provided for by
law, on July 1, 2003, or as soon as may be |
practical thereafter, the State
Comptroller shall direct and | ||||||||||||||||||||||||||||
the State Treasurer shall transfer the sum of
$2,000,000 from | ||||||||||||||||||||||||||||
the General Revenue Fund to the Teachers Health Insurance
| ||||||||||||||||||||||||||||
Security Fund. | ||||||||||||||||||||||||||||
(k-3) On or after July 1, 2002 and no later than June 30, | ||||||||||||||||||||||||||||
2003, in
addition to any other transfers that may be provided | ||||||||||||||||||||||||||||
for by law, at the
direction of and upon notification from the | ||||||||||||||||||||||||||||
Governor, the State Comptroller
shall direct and the State | ||||||||||||||||||||||||||||
Treasurer shall transfer amounts not to exceed the
following | ||||||||||||||||||||||||||||
sums into the Statistical Services Revolving Fund: | ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
(l) In addition to any other transfers that may be provided | ||||||||||||||||||||||||||||
for by law, on
July 1, 2002, or as soon as may be practical | ||||||||||||||||||||||||||||
thereafter, the State Comptroller
shall direct and the State |
Treasurer shall transfer the sum of $3,000,000 from
the General | ||||
Revenue Fund to the Presidential Library and Museum Operating
| ||||
Fund. | ||||
(m) In addition to any other transfers that may be provided | ||||
for by law, on
July 1, 2002 and on the effective date of this | ||||
amendatory Act of the 93rd
General Assembly, or as soon | ||||
thereafter as may be practical, the State Comptroller
shall | ||||
direct and the State Treasurer shall transfer the sum of | ||||
$1,200,000 from
the General Revenue Fund to the Violence | ||||
Prevention Fund. | ||||
(n) In addition to any other transfers that may be provided | ||||
for by law,
on July 1,
2003, or as soon thereafter as may be | ||||
practical, the State Comptroller shall
direct and the
State | ||||
Treasurer shall transfer the sum of $6,800,000 from the General | ||||
Revenue
Fund to
the DHS Recoveries Trust Fund. | ||||
(o) On or after July 1, 2003, and no later than June 30, | ||||
2004, in
addition to any
other transfers that may be provided | ||||
for by law, at the direction of and upon
notification
from the | ||||
Governor, the State Comptroller shall direct and the State | ||||
Treasurer
shall
transfer amounts not to exceed the following | ||||
sums into the Vehicle Inspection
Fund: | ||||
| ||||
(p) On or after July 1, 2003 and until May 1, 2004, in | ||||
addition to any
other
transfers that may be provided for by | ||||
law, at the direction of and upon
notification from
the | ||||
Governor, the State Comptroller shall direct and the State |
Treasurer shall
transfer
amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to
the
Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be
| ||
re-transferred
from the Tobacco Settlement Recovery Fund to the | ||
General Revenue Fund at the
direction of and upon notification | ||
from the Governor, but in any event on or
before June
30, 2004. | ||
(q) In addition to any other transfers that may be provided | ||
for by law, on
July 1,
2003, or as soon as may be practical | ||
thereafter, the State Comptroller shall
direct and the
State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue
Fund to
the Illinois Military Family Relief Fund. | ||
(r) In addition to any other transfers that may be provided | ||
for by law, on
July 1,
2003, or as soon as may be practical | ||
thereafter, the State Comptroller shall
direct and the
State | ||
Treasurer shall transfer the sum of $1,922,000 from the General | ||
Revenue
Fund to
the Presidential Library and Museum Operating | ||
Fund. | ||
(s) In addition to any other transfers that may be provided | ||
for by law, on
or after
July 1, 2003, the State Comptroller | ||
shall direct and the State Treasurer shall
transfer the
sum of | ||
$4,800,000 from the Statewide Economic Development Fund to the | ||
General
Revenue Fund. | ||
(t) In addition to any other transfers that may be provided | ||
for by law, on
or after
July 1, 2003, the State Comptroller | ||
shall direct and the State Treasurer shall
transfer the
sum of | ||
$50,000,000 from the General Revenue Fund to the Budget |
Stabilization
Fund. | ||
(u) On or after July 1, 2004 and until May 1, 2005, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2005.
| ||
(v) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2004, or as soon thereafter as may be | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,200,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(w) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2004, or as soon thereafter as may be | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $6,445,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund.
| ||
(x) In addition to any other transfers that may be provided | ||
for by law, on January 15, 2005, or as soon thereafter as may | ||
be practical, the State Comptroller shall direct and the State |
Treasurer shall transfer to the General Revenue Fund the | ||
following sums: | ||
From the State Crime Laboratory Fund, $200,000; | ||
From the State Police Wireless Service Emergency Fund, | ||
$200,000; | ||
From the State Offender DNA Identification System | ||
Fund, $800,000; and | ||
From the State Police Whistleblower Reward and | ||
Protection Fund, $500,000.
| ||
(y) Notwithstanding any other provision of law to the | ||
contrary, in addition to any other transfers that may be | ||
provided for by law on June 30, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the remaining balance from | ||
the designated funds into the General Revenue Fund and any | ||
future deposits that would otherwise be made into these funds | ||
must instead be made into the General Revenue Fund:
| ||
(1) the Keep Illinois Beautiful Fund;
| ||
(2) the
Metropolitan Fair and Exposition Authority | ||
Reconstruction Fund; | ||
(3) the
New Technology Recovery Fund; | ||
(4) the Illinois Rural Bond Bank Trust Fund; | ||
(5) the ISBE School Bus Driver Permit Fund; | ||
(6) the
Solid Waste Management Revolving Loan Fund; | ||
(7)
the State Postsecondary Review Program Fund; | ||
(8) the
Tourism Attraction Development Matching Grant |
Fund; | ||
(9) the
Patent and Copyright Fund; | ||
(10) the
Credit Enhancement Development Fund; | ||
(11) the
Community Mental Health and Developmental | ||
Disabilities Services Provider Participation Fee Trust | ||
Fund; | ||
(12) the
Nursing Home Grant Assistance Fund; | ||
(13) the
By-product Material Safety Fund; | ||
(14) the
Illinois Student Assistance Commission Higher | ||
EdNet Fund; | ||
(15) the
DORS State Project Fund; | ||
(16) the School Technology Revolving Fund; | ||
(17) the
Energy Assistance Contribution Fund; | ||
(18) the
Illinois Building Commission Revolving Fund; | ||
(19) the
Illinois Aquaculture Development Fund; | ||
(20) the
Homelessness Prevention Fund; | ||
(21) the
DCFS Refugee Assistance Fund; | ||
(22) the
Illinois Century Network Special Purposes | ||
Fund; and | ||
(23) the
Build Illinois Purposes Fund.
| ||
(z) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2005, or as soon as may be practical | ||
thereafter, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,200,000 from the General | ||
Revenue Fund to the Violence Prevention Fund.
| ||
(aa) In addition to any other transfers that may be |
provided for by law, on July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the sum of $9,000,000 from | ||
the General Revenue Fund to the Presidential Library and Museum | ||
Operating Fund.
| ||
(bb) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the sum of $6,803,600 from | ||
the General Revenue Fund to the Securities Audit and | ||
Enforcement Fund.
| ||
(cc) In addition to any other transfers that may be | ||
provided for by law, on or after July 1, 2005 and until May 1, | ||
2006, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
re-transferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2006.
| ||
(dd) In addition to any other transfers that may be | ||
provided for by law, on April 1, 2005, or as soon thereafter as | ||
may be practical, at the direction of the Director of Public | ||
Aid (now Director of Healthcare and Family Services), the State |
Comptroller shall direct and the State Treasurer shall transfer | ||
from the Public Aid Recoveries Trust Fund amounts not to exceed | ||
$14,000,000 to the Community Mental Health Medicaid Trust Fund. | ||
(ee) Notwithstanding any other provision of law, on July 1, | ||
2006, or as soon thereafter as practical, the State Comptroller | ||
shall direct and the State Treasurer shall transfer the | ||
remaining balance from the Illinois Civic Center Bond Fund to | ||
the Illinois Civic Center Bond Retirement and Interest Fund. | ||
(ff) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until June | ||
30, 2007, at the direction of and upon notification from the | ||
Director of the Governor's Office of Management and Budget, the | ||
State Comptroller shall direct and the State Treasurer shall | ||
transfer amounts not exceeding a total of $1,900,000 from the | ||
General Revenue Fund to the Illinois Capital Revolving Loan | ||
Fund. | ||
(gg) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until May 1, | ||
2007, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the |
Governor, but in any event on or before June 30, 2007. | ||
(hh) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until June | ||
30, 2007, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts from the Illinois Affordable | ||
Housing Trust Fund to the designated funds not exceeding the | ||
following amounts: | ||
DCFS Children's Services Fund .................$2,200,000
| ||
Department of Corrections Reimbursement | ||
and Education Fund ........................$1,500,000
| ||
Supplemental Low-Income Energy | ||
Assistance Fund ..............................$75,000
| ||
(ii) In addition to any other transfers that may be | ||
provided for by law, on or before August 31, 2006, the Governor | ||
and the State Comptroller may agree to transfer the surplus | ||
cash balance from the General Revenue Fund to the Budget | ||
Stabilization Fund and the Pension Stabilization Fund in equal | ||
proportions. The determination of the amount of the surplus | ||
cash balance shall be made by the Governor, with the | ||
concurrence of the State Comptroller, after taking into account | ||
the June 30, 2006 balances in the general funds and the actual | ||
or estimated spending from the general funds during the lapse | ||
period. Notwithstanding the foregoing, the maximum amount that | ||
may be transferred under this subsection (ii) is $50,000,000. | ||
(jj) In addition to any other transfers that may be |
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $8,250,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(kk) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund.
| ||
(ll) In addition to any other transfers that may be | ||
provided for by law, on the first day of each calendar quarter | ||
of the fiscal year beginning July 1, 2006, or as soon | ||
thereafter as practical, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from the General Revenue | ||
Fund amounts equal to one-fourth of $20,000,000 to the | ||
Renewable Energy Resources Trust Fund. | ||
(mm) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,320,000 from the General | ||
Revenue Fund to the I-FLY Fund. | ||
(nn) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,000,000 from the General |
Revenue Fund to the African-American HIV/AIDS Response Fund. | ||
(oo) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until June | ||
30, 2007, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts identified as net receipts | ||
from the sale of all or part of the Illinois Student Assistance | ||
Commission loan portfolio from the Student Loan Operating Fund | ||
to the General Revenue Fund. The maximum amount that may be | ||
transferred pursuant to this Section is $38,800,000. In | ||
addition, no transfer may be made pursuant to this Section that | ||
would have the effect of reducing the available balance in the | ||
Student Loan Operating Fund to an amount less than the amount | ||
remaining unexpended and unreserved from the total | ||
appropriations from the Fund estimated to be expended for the | ||
fiscal year. The State Treasurer and Comptroller shall transfer | ||
the amounts designated under this Section as soon as may be | ||
practical after receiving the direction to transfer from the | ||
Governor.
| ||
(pp)
In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $2,000,000 from the General | ||
Revenue Fund to the Illinois Veterans Assistance Fund. | ||
(qq) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2007 and until May 1, |
2008, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2008. | ||
(rr) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2007 and until June | ||
30, 2008, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts from the Illinois Affordable | ||
Housing Trust Fund to the designated funds not exceeding the | ||
following amounts: | ||
DCFS Children's Services Fund .................$2,200,000
| ||
Department of Corrections Reimbursement | ||
and Education Fund ........................$1,500,000
| ||
Supplemental Low-Income Energy | ||
Assistance Fund ..............................$75,000
| ||
(ss) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $8,250,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating |
Fund. | ||
(tt) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund.
| ||
(uu) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,320,000 from the General | ||
Revenue Fund to the I-FLY Fund. | ||
(vv) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,000,000 from the General | ||
Revenue Fund to the African-American HIV/AIDS Response Fund. | ||
(ww) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,500,000 from the General | ||
Revenue Fund to the Predatory Lending Database Program Fund. | ||
(xx) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. |
(yy) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $4,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Infrastructure | ||
Fund. | ||
(zz) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(aaa) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2008 and until May 1, | ||
2009, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2009. | ||
(bbb) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2008 and until June | ||
30, 2009, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts from the Illinois Affordable | ||
Housing Trust Fund to the designated funds not exceeding the | ||
following amounts: | ||
DCFS Children's Services Fund .............$2,200,000 | ||
Department of Corrections Reimbursement | ||
and Education Fund ........................$1,500,000 | ||
Supplemental Low-Income Energy | ||
Assistance Fund ..............................$75,000 | ||
(ccc) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $7,450,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(ddd) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(eee) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(fff) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2009 and until May 1, |
2010, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2010. | ||
(ggg) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $7,450,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(hhh) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(iii) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $100,000 from the General | ||
Revenue Fund to the Heartsaver AED Fund. | ||
(jjj) In addition to any other transfers that may be |
provided for by law, on and after July 1, 2009 and until June | ||
30, 2010, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$17,000,000 from the General Revenue Fund to the DCFS | ||
Children's Services Fund. | ||
(lll) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Communications Revolving Fund. | ||
(mmm) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $9,700,000 from the General | ||
Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||
Revolving Fund. | ||
(nnn) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $565,000 from the FY09 | ||
Budget Relief Fund to the Horse Racing Fund. | ||
(ooo) In addition to any other transfers that may be | ||
provided by law, on July 1, 2009, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $600,000 from the General |
Revenue Fund to the Temporary Relocation Expenses Revolving | ||
Fund. | ||
(ppp) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(qqq) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2010 and until May 1, | ||
2011, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2011. | ||
(rrr) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $6,675,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(sss) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as |
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(ttt) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $100,000 from the General | ||
Revenue Fund to the Heartsaver AED Fund. | ||
(uuu) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Communications Revolving Fund. | ||
(vvv) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,000,000 from the General | ||
Revenue Fund to the Illinois Capital Revolving Loan Fund. | ||
(www) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $17,000,000 from the | ||
General Revenue Fund to the DCFS Children's Services Fund. | ||
(xxx) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $2,000,000 from the Digital | ||
Divide Elimination Infrastructure Fund, of which $1,000,000 | ||
shall go to the Workforce, Technology, and Economic Development | ||
Fund and $1,000,000 to the Public Utility Fund. | ||
(Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08; | ||
95-744, eff. 7-18-08; 96-45, eff. 7-15-09; 96-820, eff. | ||
11-18-09.) | ||
(30 ILCS 105/8o) | ||
Sec. 8o. Transfer to the University of Illinois Income | ||
Fund. | ||
(a) Immediately upon the effective date of this Section, | ||
the State Comptroller shall direct and the State Treasurer | ||
shall transfer $15,826,499 from the General Revenue Fund to the | ||
University of Illinois Income Fund. | ||
(b) In addition to any other transfers that may be provided | ||
for by law, on the first day of each calendar quarter of the | ||
fiscal year beginning July 1, 2009, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer an amount equal to | ||
one-fourth of $15,826,499 from the General Revenue Fund to the | ||
University of Illinois Income Fund. | ||
(c) In addition to any other transfers that may be provided | ||
for by law, on the first day of each calendar quarter of the | ||
fiscal year beginning July 1, 2010, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer an amount equal to one | ||
fourth of $15,826,499 from the General Revenue Fund to the | ||
University of Illinois Income Fund. | ||
(Source: P.A. 95-728, eff. 7-1-08; 96-45, eff. 7-15-09.) | ||
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2) | ||
Sec. 13.2. Transfers among line item appropriations. | ||
(a) Transfers among line item appropriations from the same
| ||
treasury fund for the objects specified in this Section may be | ||
made in
the manner provided in this Section when the balance | ||
remaining in one or
more such line item appropriations is | ||
insufficient for the purpose for
which the appropriation was | ||
made. | ||
(a-1) No transfers may be made from one
agency to another | ||
agency, nor may transfers be made from one institution
of | ||
higher education to another institution of higher education.
| ||
(a-2) Except as otherwise provided in this Section, | ||
transfers may be made only among the objects of expenditure | ||
enumerated
in this Section, except that no funds may be | ||
transferred from any
appropriation for personal services, from | ||
any appropriation for State
contributions to the State | ||
Employees' Retirement System, from any
separate appropriation | ||
for employee retirement contributions paid by the
employer, nor | ||
from any appropriation for State contribution for
employee | ||
group insurance. During State fiscal year 2005, an agency may | ||
transfer amounts among its appropriations within the same |
treasury fund for personal services, employee retirement | ||
contributions paid by employer, and State Contributions to | ||
retirement systems; notwithstanding and in addition to the | ||
transfers authorized in subsection (c) of this Section, the | ||
fiscal year 2005 transfers authorized in this sentence may be | ||
made in an amount not to exceed 2% of the aggregate amount | ||
appropriated to an agency within the same treasury fund. During | ||
State fiscal year 2007, the Departments of Children and Family | ||
Services, Corrections, Human Services, and Juvenile Justice | ||
may transfer amounts among their respective appropriations | ||
within the same treasury fund for personal services, employee | ||
retirement contributions paid by employer, and State | ||
contributions to retirement systems. During State fiscal year | ||
2010, the Department of Transportation may transfer amounts | ||
among their respective appropriations within the same treasury | ||
fund for personal services, employee retirement contributions | ||
paid by employer, and State contributions to retirement | ||
systems. During State fiscal year 2010 only, an agency may | ||
transfer amounts among its respective appropriations within | ||
the same treasury fund for personal services, employee | ||
retirement contributions paid by employer, and State | ||
contributions to retirement systems. Notwithstanding, and in | ||
addition to, the transfers authorized in subsection (c) of this | ||
Section, these transfers may be made in an amount not to exceed | ||
2% of the aggregate amount appropriated to an agency within the | ||
same treasury fund.
|
(a-3) Further, if an agency receives a separate
| ||
appropriation for employee retirement contributions paid by | ||
the employer,
any transfer by that agency into an appropriation | ||
for personal services
must be accompanied by a corresponding | ||
transfer into the appropriation for
employee retirement | ||
contributions paid by the employer, in an amount
sufficient to | ||
meet the employer share of the employee contributions
required | ||
to be remitted to the retirement system. | ||
(b) In addition to the general transfer authority provided | ||
under
subsection (c), the following agencies have the specific | ||
transfer authority
granted in this subsection: | ||
The Department of Healthcare and Family Services is | ||
authorized to make transfers
representing savings attributable | ||
to not increasing grants due to the
births of additional | ||
children from line items for payments of cash grants to
line | ||
items for payments for employment and social services for the | ||
purposes
outlined in subsection (f) of Section 4-2 of the | ||
Illinois Public Aid Code. | ||
The Department of Children and Family Services is | ||
authorized to make
transfers not exceeding 2% of the aggregate | ||
amount appropriated to it within
the same treasury fund for the | ||
following line items among these same line
items: Foster Home | ||
and Specialized Foster Care and Prevention, Institutions
and | ||
Group Homes and Prevention, and Purchase of Adoption and | ||
Guardianship
Services. | ||
The Department on Aging is authorized to make transfers not
|
exceeding 2% of the aggregate amount appropriated to it within | ||
the same
treasury fund for the following Community Care Program | ||
line items among these
same line items: Homemaker and Senior | ||
Companion Services, Alternative Senior Services, Case | ||
Coordination
Units, and Adult Day Care Services. | ||
The State Treasurer is authorized to make transfers among | ||
line item
appropriations
from the Capital Litigation Trust | ||
Fund, with respect to costs incurred in
fiscal years 2002 and | ||
2003 only, when the balance remaining in one or
more such
line | ||
item appropriations is insufficient for the purpose for which | ||
the
appropriation was
made, provided that no such transfer may | ||
be made unless the amount transferred
is no
longer required for | ||
the purpose for which that appropriation was made. | ||
The State Board of Education is authorized to make | ||
transfers from line item appropriations within the same | ||
treasury fund for General State Aid and General State Aid - | ||
Hold Harmless, provided that no such transfer may be made | ||
unless the amount transferred is no longer required for the | ||
purpose for which that appropriation was made, to the line item | ||
appropriation for Transitional Assistance when the balance | ||
remaining in such line item appropriation is insufficient for | ||
the purpose for which the appropriation was made. | ||
The State Board of Education is authorized to make | ||
transfers between the following line item appropriations | ||
within the same treasury fund: Disabled Student | ||
Services/Materials (Section 14-13.01 of the School Code), |
Disabled Student Transportation Reimbursement (Section | ||
14-13.01 of the School Code), Disabled Student Tuition - | ||
Private Tuition (Section 14-7.02 of the School Code), | ||
Extraordinary Special Education (Section 14-7.02b of the | ||
School Code), Reimbursement for Free Lunch/Breakfast Program, | ||
Summer School Payments (Section 18-4.3 of the School Code), and | ||
Transportation - Regular/Vocational Reimbursement (Section | ||
29-5 of the School Code). Such transfers shall be made only | ||
when the balance remaining in one or more such line item | ||
appropriations is insufficient for the purpose for which the | ||
appropriation was made and provided that no such transfer may | ||
be made unless the amount transferred is no longer required for | ||
the purpose for which that appropriation was made. | ||
During State fiscal years year 2010 and 2011 only, the | ||
Department of Healthcare and Family Services is authorized to | ||
make transfers not exceeding 4% of the aggregate amount | ||
appropriated to it, within the same treasury fund, among the | ||
various line items appropriated for Medical Assistance. | ||
(c) The sum of such transfers for an agency in a fiscal | ||
year shall not
exceed 2% of the aggregate amount appropriated | ||
to it within the same treasury
fund for the following objects: | ||
Personal Services; Extra Help; Student and
Inmate | ||
Compensation; State Contributions to Retirement Systems; State
| ||
Contributions to Social Security; State Contribution for | ||
Employee Group
Insurance; Contractual Services; Travel; | ||
Commodities; Printing; Equipment;
Electronic Data Processing; |
Operation of Automotive Equipment;
Telecommunications | ||
Services; Travel and Allowance for Committed, Paroled
and | ||
Discharged Prisoners; Library Books; Federal Matching Grants | ||
for
Student Loans; Refunds; Workers' Compensation, | ||
Occupational Disease, and
Tort Claims; and, in appropriations | ||
to institutions of higher education,
Awards and Grants. | ||
Notwithstanding the above, any amounts appropriated for
| ||
payment of workers' compensation claims to an agency to which | ||
the authority
to evaluate, administer and pay such claims has | ||
been delegated by the
Department of Central Management Services | ||
may be transferred to any other
expenditure object where such | ||
amounts exceed the amount necessary for the
payment of such | ||
claims. | ||
(c-1) Special provisions for State fiscal year 2003. | ||
Notwithstanding any
other provision of this Section to the | ||
contrary, for State fiscal year 2003
only, transfers among line | ||
item appropriations to an agency from the same
treasury fund | ||
may be made provided that the sum of such transfers for an | ||
agency
in State fiscal year 2003 shall not exceed 3% of the | ||
aggregate amount
appropriated to that State agency for State | ||
fiscal year 2003 for the following
objects: personal services, | ||
except that no transfer may be approved which
reduces the | ||
aggregate appropriations for personal services within an | ||
agency;
extra help; student and inmate compensation; State
| ||
contributions to retirement systems; State contributions to | ||
social security;
State contributions for employee group |
insurance; contractual services; travel;
commodities; | ||
printing; equipment; electronic data processing; operation of
| ||
automotive equipment; telecommunications services; travel and | ||
allowance for
committed, paroled, and discharged prisoners; | ||
library books; federal matching
grants for student loans; | ||
refunds; workers' compensation, occupational disease,
and tort | ||
claims; and, in appropriations to institutions of higher | ||
education,
awards and grants. | ||
(c-2) Special provisions for State fiscal year 2005. | ||
Notwithstanding subsections (a), (a-2), and (c), for State | ||
fiscal year 2005 only, transfers may be made among any line | ||
item appropriations from the same or any other treasury fund | ||
for any objects or purposes, without limitation, when the | ||
balance remaining in one or more such line item appropriations | ||
is insufficient for the purpose for which the appropriation was | ||
made, provided that the sum of those transfers by a State | ||
agency shall not exceed 4% of the aggregate amount appropriated | ||
to that State agency for fiscal year 2005.
| ||
(d) Transfers among appropriations made to agencies of the | ||
Legislative
and Judicial departments and to the | ||
constitutionally elected officers in the
Executive branch | ||
require the approval of the officer authorized in Section 10
of | ||
this Act to approve and certify vouchers. Transfers among | ||
appropriations
made to the University of Illinois, Southern | ||
Illinois University, Chicago State
University, Eastern | ||
Illinois University, Governors State University, Illinois
|
State University, Northeastern Illinois University, Northern | ||
Illinois
University, Western Illinois University, the Illinois | ||
Mathematics and Science
Academy and the Board of Higher | ||
Education require the approval of the Board of
Higher Education | ||
and the Governor. Transfers among appropriations to all other
| ||
agencies require the approval of the Governor. | ||
The officer responsible for approval shall certify that the
| ||
transfer is necessary to carry out the programs and purposes | ||
for which
the appropriations were made by the General Assembly | ||
and shall transmit
to the State Comptroller a certified copy of | ||
the approval which shall
set forth the specific amounts | ||
transferred so that the Comptroller may
change his records | ||
accordingly. The Comptroller shall furnish the
Governor with | ||
information copies of all transfers approved for agencies
of | ||
the Legislative and Judicial departments and transfers | ||
approved by
the constitutionally elected officials of the | ||
Executive branch other
than the Governor, showing the amounts | ||
transferred and indicating the
dates such changes were entered | ||
on the Comptroller's records. | ||
(e) The State Board of Education, in consultation with the | ||
State Comptroller, may transfer line item appropriations for | ||
General State Aid between from the Common School Fund and to | ||
the Education Assistance Fund. With the advice and consent of | ||
the Governor's Office of Management and Budget, the State Board | ||
of Education, in consultation with the State Comptroller, may | ||
transfer line item appropriations between the General Revenue |
Fund and the Education Assistance Fund for the following | ||
programs: | ||
(1) Disabled Student Personnel Reimbursement (Section | ||
14-13.01 of the School Code); | ||
(2) Disabled Student Transportation Reimbursement | ||
(subsection (b) of Section 14-13.01 of the School Code); | ||
(3) Disabled Student Tuition - Private Tuition | ||
(Section 14-7.02 of the School Code); | ||
(4) Extraordinary Special Education (Section 14-7.02b | ||
of the School Code); | ||
(5) Reimbursement for Free Lunch/Breakfast Programs; | ||
(6) Summer School Payments (Section 18-4.3 of the | ||
School Code); | ||
(7) Transportation - Regular/Vocational Reimbursement | ||
(Section 29-5 of the School Code); | ||
(8) Regular Education Reimbursement (Section 18-3 of | ||
the School Code); and | ||
(9) Special Education Reimbursement (Section 14-7.03 | ||
of the School Code). | ||
(Source: P.A. 95-707, eff. 1-11-08; 96-37, eff. 7-13-09; | ||
96-820, eff. 11-18-09.) | ||
Section 5-32. The State Prompt Payment Act is amended by | ||
changing Section 3-2 and by adding Section 3-2.1 as follows:
| ||
(30 ILCS 540/3-2)
|
Sec. 3-2. Beginning July 1, 1993, in any instance where a | ||
State official or
agency is late in payment of a vendor's bill | ||
or invoice for goods or services
furnished to the State, as | ||
defined in Section 1, properly approved in
accordance with | ||
rules promulgated under Section 3-3, the State official or
| ||
agency shall pay interest to the vendor in accordance with the | ||
following:
| ||
(1) Any bill, except a bill submitted under Article V | ||
of the Illinois Public Aid Code, approved for payment under | ||
this Section must be paid
or the payment issued to the | ||
payee within 60 days of receipt
of a proper bill or | ||
invoice.
If payment is not issued to the payee within this | ||
60 day
period, an
interest penalty of 1.0% of any amount | ||
approved and unpaid shall be added
for each month or | ||
fraction thereof after the end of this 60 day period,
until | ||
final payment is made. Any bill submitted under Article V | ||
of the Illinois Public Aid Code approved for payment under | ||
this Section must be paid
or the payment issued to the | ||
payee within 60 days after receipt
of a proper bill or | ||
invoice, and,
if payment is not issued to the payee within | ||
this 60-day
period, an
interest penalty of 2.0% of any | ||
amount approved and unpaid shall be added
for each month or | ||
fraction thereof after the end of this 60-day period,
until | ||
final payment is made.
| ||
(1.1) A State agency shall review in a timely manner | ||
each bill or
invoice after its receipt. If the
State agency |
determines that the bill or invoice contains a defect | ||
making it
unable to process the payment request, the agency
| ||
shall notify the vendor requesting payment as soon as | ||
possible after
discovering the
defect pursuant to rules | ||
promulgated under Section 3-3; provided, however, that the | ||
notice for construction related bills or invoices must be | ||
given not later than 30 days after the bill or invoice was | ||
first submitted. The notice shall
identify the defect and | ||
any additional information
necessary to correct the | ||
defect. If one or more items on a construction related bill | ||
or invoice are disapproved, but not the entire bill or | ||
invoice, then the portion that is not disapproved shall be | ||
paid.
| ||
(2) Where a State official or agency is late in payment | ||
of a
vendor's bill or invoice properly approved in | ||
accordance with this Act, and
different late payment terms | ||
are not reduced to writing as a contractual
agreement, the | ||
State official or agency shall automatically pay interest
| ||
penalties required by this Section amounting to $50 or more | ||
to the appropriate
vendor. Each agency shall be responsible | ||
for determining whether an interest
penalty
is
owed and
for | ||
paying the interest to the vendor.
Interest due to a vendor | ||
that amounts to less than $50 shall not be paid but shall | ||
be accrued until all interest due the vendor for all | ||
similar warrants exceeds $50, at which time the accrued | ||
interest shall be payable and interest will begin accruing |
again, except that interest accrued as of the end of the | ||
fiscal year that does not exceed $50 shall be payable at | ||
that time. In the event an
individual has paid a vendor for | ||
services in advance, the provisions of this
Section shall | ||
apply until payment is made to that individual.
| ||
(Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10; | ||
revised 11-25-09.)
| ||
(30 ILCS 540/3-2.1 new) | ||
Sec. 3-2.1. Interest penalty report. The State | ||
Comptroller, in conjunction with the Department of Central | ||
Management Services, shall submit a report to the General | ||
Assembly no later than January 31, 2011. The report shall | ||
include the following information, which shall be broken down | ||
by State agency and vendor: | ||
(1) the number and total dollar amount of interest | ||
penalty payment vouchers submitted to the Comptroller's | ||
office on or after August 18, 2009 and before January 1, | ||
2011 for interest payments of less than $5; | ||
(2) the number and total dollar amount of interest | ||
penalty payment vouchers submitted to the Comptroller's | ||
office on or after August 18, 2009 and before January 1, | ||
2011 for interest payments of at least $5 but less than | ||
$50; the report shall indicate the number and total dollar | ||
amount of (i) those paid automatically and (ii) those | ||
initiated by written request of the vendor; and |
(3) the aggregate cost of processing the interest | ||
penalty payment vouchers referenced in items (1) and (2). | ||
The report shall also include recommendations regarding | ||
establishing a minimum threshold for payment of interest | ||
penalties to vendors and increased efficiencies, including, | ||
but not limited to, consolidation of multiple payments to the | ||
same vendor. | ||
Section 5-35. The Illinois Income Tax Act is amended by | ||
changing Section 901 as follows: | ||
(35 ILCS 5/901) (from Ch. 120, par. 9-901) | ||
Sec. 901. Collection Authority. | ||
(a) In general. | ||
The Department shall collect the taxes imposed by this Act. | ||
The Department
shall collect certified past due child support | ||
amounts under Section 2505-650
of the Department of Revenue Law | ||
(20 ILCS 2505/2505-650). Except as
provided in subsections (c) | ||
and (e) of this Section, money collected
pursuant to | ||
subsections (a) and (b) of Section 201 of this Act shall be
| ||
paid into the General Revenue Fund in the State treasury; money
| ||
collected pursuant to subsections (c) and (d) of Section 201 of | ||
this Act
shall be paid into the Personal Property Tax | ||
Replacement Fund, a special
fund in the State Treasury; and | ||
money collected under Section 2505-650 of the
Department of | ||
Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
|
Child Support Enforcement Trust Fund, a special fund outside | ||
the State
Treasury, or
to the State
Disbursement Unit | ||
established under Section 10-26 of the Illinois Public Aid
| ||
Code, as directed by the Department of Healthcare and Family | ||
Services. | ||
(b) Local Government Distributive Fund. | ||
Beginning August 1, 1969, and continuing through June 30, | ||
1994, the Treasurer
shall transfer each month from the General | ||
Revenue Fund to a special fund in
the State treasury, to be | ||
known as the "Local Government Distributive Fund", an
amount | ||
equal to 1/12 of the net revenue realized from the tax imposed | ||
by
subsections (a) and (b) of Section 201 of this Act during | ||
the preceding month.
Beginning July 1, 1994, and continuing | ||
through June 30, 1995, the Treasurer
shall transfer each month | ||
from the General Revenue Fund to the Local Government
| ||
Distributive Fund an amount equal to 1/11 of the net revenue | ||
realized from the
tax imposed by subsections (a) and (b) of | ||
Section 201 of this Act during the
preceding month. Beginning | ||
July 1, 1995, the Treasurer shall transfer each
month from the | ||
General Revenue Fund to the Local Government Distributive Fund
| ||
an amount equal to the net of (i) 1/10 of the net revenue | ||
realized from the
tax imposed by
subsections (a) and (b) of | ||
Section 201 of the Illinois Income Tax Act during
the preceding | ||
month
(ii) minus, beginning July 1, 2003 and ending June 30, | ||
2004, $6,666,666, and
beginning July 1,
2004,
zero. Net revenue | ||
realized for a month shall be defined as the
revenue from the |
tax imposed by subsections (a) and (b) of Section 201 of this
| ||
Act which is deposited in the General Revenue Fund, the | ||
Educational Assistance
Fund and the Income Tax Surcharge Local | ||
Government Distributive Fund during the
month minus the amount | ||
paid out of the General Revenue Fund in State warrants
during | ||
that same month as refunds to taxpayers for overpayment of | ||
liability
under the tax imposed by subsections (a) and (b) of | ||
Section 201 of this Act. | ||
(c) Deposits Into Income Tax Refund Fund. | ||
(1) Beginning on January 1, 1989 and thereafter, the | ||
Department shall
deposit a percentage of the amounts | ||
collected pursuant to subsections (a)
and (b)(1), (2), and | ||
(3), of Section 201 of this Act into a fund in the State
| ||
treasury known as the Income Tax Refund Fund. The | ||
Department shall deposit 6%
of such amounts during the | ||
period beginning January 1, 1989 and ending on June
30, | ||
1989. Beginning with State fiscal year 1990 and for each | ||
fiscal year
thereafter, the percentage deposited into the | ||
Income Tax Refund Fund during a
fiscal year shall be the | ||
Annual Percentage. For fiscal years 1999 through
2001, the | ||
Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||
Annual Percentage shall be 8%.
For fiscal year 2004, the | ||
Annual Percentage shall be 11.7%. Upon the effective date | ||
of this amendatory Act of the 93rd General Assembly, the | ||
Annual Percentage shall be 10% for fiscal year 2005. For | ||
fiscal year 2006, the Annual Percentage shall be 9.75%. For |
fiscal
year 2007, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2008, the Annual Percentage shall be 7.75%. For | ||
fiscal year 2009, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2010, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2011, the Annual Percentage shall be 8.75%. For | ||
all other
fiscal years, the
Annual Percentage shall be | ||
calculated as a fraction, the numerator of which
shall be | ||
the amount of refunds approved for payment by the | ||
Department during
the preceding fiscal year as a result of | ||
overpayment of tax liability under
subsections (a) and | ||
(b)(1), (2), and (3) of Section 201 of this Act plus the
| ||
amount of such refunds remaining approved but unpaid at the | ||
end of the
preceding fiscal year, minus the amounts | ||
transferred into the Income Tax
Refund Fund from the | ||
Tobacco Settlement Recovery Fund, and
the denominator of | ||
which shall be the amounts which will be collected pursuant
| ||
to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||
of this Act during
the preceding fiscal year; except that | ||
in State fiscal year 2002, the Annual
Percentage shall in | ||
no event exceed 7.6%. The Director of Revenue shall
certify | ||
the Annual Percentage to the Comptroller on the last | ||
business day of
the fiscal year immediately preceding the | ||
fiscal year for which it is to be
effective. | ||
(2) Beginning on January 1, 1989 and thereafter, the | ||
Department shall
deposit a percentage of the amounts | ||
collected pursuant to subsections (a)
and (b)(6), (7), and |
(8), (c) and (d) of Section 201
of this Act into a fund in | ||
the State treasury known as the Income Tax
Refund Fund. The | ||
Department shall deposit 18% of such amounts during the
| ||
period beginning January 1, 1989 and ending on June 30, | ||
1989. Beginning
with State fiscal year 1990 and for each | ||
fiscal year thereafter, the
percentage deposited into the | ||
Income Tax Refund Fund during a fiscal year
shall be the | ||
Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||
the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||
the Annual Percentage shall be 27%. For fiscal year
2004, | ||
the Annual Percentage shall be 32%.
Upon the effective date | ||
of this amendatory Act of the 93rd General Assembly, the | ||
Annual Percentage shall be 24% for fiscal year 2005.
For | ||
fiscal year 2006, the Annual Percentage shall be 20%. For | ||
fiscal
year 2007, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2008, the Annual Percentage shall be 15.5%. For | ||
fiscal year 2009, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2010, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2011, the Annual Percentage shall be 17.5%. For | ||
all other fiscal years, the Annual
Percentage shall be | ||
calculated
as a fraction, the numerator of which shall be | ||
the amount of refunds
approved for payment by the | ||
Department during the preceding fiscal year as
a result of | ||
overpayment of tax liability under subsections (a) and | ||
(b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||
Act plus the
amount of such refunds remaining approved but |
unpaid at the end of the
preceding fiscal year, and the | ||
denominator of
which shall be the amounts which will be | ||
collected pursuant to subsections (a)
and (b)(6), (7), and | ||
(8), (c) and (d) of Section 201 of this Act during the
| ||
preceding fiscal year; except that in State fiscal year | ||
2002, the Annual
Percentage shall in no event exceed 23%. | ||
The Director of Revenue shall
certify the Annual Percentage | ||
to the Comptroller on the last business day of
the fiscal | ||
year immediately preceding the fiscal year for which it is | ||
to be
effective. | ||
(3) The Comptroller shall order transferred and the | ||
Treasurer shall
transfer from the Tobacco Settlement | ||
Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||
in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||
(iii) $35,000,000 in January, 2003. | ||
(d) Expenditures from Income Tax Refund Fund. | ||
(1) Beginning January 1, 1989, money in the Income Tax | ||
Refund Fund
shall be expended exclusively for the purpose | ||
of paying refunds resulting
from overpayment of tax | ||
liability under Section 201 of this Act, for paying
rebates | ||
under Section 208.1 in the event that the amounts in the | ||
Homeowners'
Tax Relief Fund are insufficient for that | ||
purpose,
and for
making transfers pursuant to this | ||
subsection (d). | ||
(2) The Director shall order payment of refunds | ||
resulting from
overpayment of tax liability under Section |
201 of this Act from the
Income Tax Refund Fund only to the | ||
extent that amounts collected pursuant
to Section 201 of | ||
this Act and transfers pursuant to this subsection (d)
and | ||
item (3) of subsection (c) have been deposited and retained | ||
in the
Fund. | ||
(3) As soon as possible after the end of each fiscal | ||
year, the Director
shall
order transferred and the State | ||
Treasurer and State Comptroller shall
transfer from the | ||
Income Tax Refund Fund to the Personal Property Tax
| ||
Replacement Fund an amount, certified by the Director to | ||
the Comptroller,
equal to the excess of the amount | ||
collected pursuant to subsections (c) and
(d) of Section | ||
201 of this Act deposited into the Income Tax Refund Fund
| ||
during the fiscal year over the amount of refunds resulting | ||
from
overpayment of tax liability under subsections (c) and | ||
(d) of Section 201
of this Act paid from the Income Tax | ||
Refund Fund during the fiscal year. | ||
(4) As soon as possible after the end of each fiscal | ||
year, the Director shall
order transferred and the State | ||
Treasurer and State Comptroller shall
transfer from the | ||
Personal Property Tax Replacement Fund to the Income Tax
| ||
Refund Fund an amount, certified by the Director to the | ||
Comptroller, equal
to the excess of the amount of refunds | ||
resulting from overpayment of tax
liability under | ||
subsections (c) and (d) of Section 201 of this Act paid
| ||
from the Income Tax Refund Fund during the fiscal year over |
the amount
collected pursuant to subsections (c) and (d) of | ||
Section 201 of this Act
deposited into the Income Tax | ||
Refund Fund during the fiscal year. | ||
(4.5) As soon as possible after the end of fiscal year | ||
1999 and of each
fiscal year
thereafter, the Director shall | ||
order transferred and the State Treasurer and
State | ||
Comptroller shall transfer from the Income Tax Refund Fund | ||
to the General
Revenue Fund any surplus remaining in the | ||
Income Tax Refund Fund as of the end
of such fiscal year; | ||
excluding for fiscal years 2000, 2001, and 2002
amounts | ||
attributable to transfers under item (3) of subsection (c) | ||
less refunds
resulting from the earned income tax credit. | ||
(5) This Act shall constitute an irrevocable and | ||
continuing
appropriation from the Income Tax Refund Fund | ||
for the purpose of paying
refunds upon the order of the | ||
Director in accordance with the provisions of
this Section. | ||
(e) Deposits into the Education Assistance Fund and the | ||
Income Tax
Surcharge Local Government Distributive Fund. | ||
On July 1, 1991, and thereafter, of the amounts collected | ||
pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||
minus deposits into the
Income Tax Refund Fund, the Department | ||
shall deposit 7.3% into the
Education Assistance Fund in the | ||
State Treasury. Beginning July 1, 1991,
and continuing through | ||
January 31, 1993, of the amounts collected pursuant to
| ||
subsections (a) and (b) of Section 201 of the Illinois Income | ||
Tax Act, minus
deposits into the Income Tax Refund Fund, the |
Department shall deposit 3.0%
into the Income Tax Surcharge | ||
Local Government Distributive Fund in the State
Treasury. | ||
Beginning February 1, 1993 and continuing through June 30, | ||
1993, of
the amounts collected pursuant to subsections (a) and | ||
(b) of Section 201 of the
Illinois Income Tax Act, minus | ||
deposits into the Income Tax Refund Fund, the
Department shall | ||
deposit 4.4% into the Income Tax Surcharge Local Government
| ||
Distributive Fund in the State Treasury. Beginning July 1, | ||
1993, and
continuing through June 30, 1994, of the amounts | ||
collected under subsections
(a) and (b) of Section 201 of this | ||
Act, minus deposits into the Income Tax
Refund Fund, the | ||
Department shall deposit 1.475% into the Income Tax Surcharge
| ||
Local Government Distributive Fund in the State Treasury. | ||
(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; | ||
96-45, eff. 7-15-09; 96-328, eff. 8-11-09.) | ||
Section 5-40. The Motor Fuel Tax Law is amended by changing | ||
Section 8 as follows: | ||
(35 ILCS 505/8) (from Ch. 120, par. 424) | ||
Sec. 8. Except as provided in Section 8a, subdivision
| ||
(h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | ||
16 of Section 15, all money received by the Department under
| ||
this Act, including payments made to the Department by
member | ||
jurisdictions participating in the International Fuel Tax | ||
Agreement,
shall be deposited in a special fund in the State |
treasury, to be known as the
"Motor Fuel Tax Fund", and shall | ||
be used as follows: | ||
(a) 2 1/2 cents per gallon of the tax collected on special | ||
fuel under
paragraph (b) of Section 2 and Section 13a of this | ||
Act shall be transferred
to the State Construction Account Fund | ||
in the State Treasury; | ||
(b) $420,000 shall be transferred each month to the State | ||
Boating Act
Fund to be used by the Department of Natural | ||
Resources for the purposes
specified in Article X of the Boat | ||
Registration and Safety Act; | ||
(c) $3,500,000 shall be transferred each month to the Grade | ||
Crossing
Protection Fund to be used as follows: not less than | ||
$12,000,000 each fiscal
year shall be used for the construction | ||
or reconstruction of rail highway grade
separation structures; | ||
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in | ||
fiscal year 2010 and each fiscal
year
thereafter shall be | ||
transferred to the Transportation
Regulatory Fund and shall be | ||
accounted for as part of the rail carrier
portion of such funds | ||
and shall be used to pay the cost of administration
of the | ||
Illinois Commerce Commission's railroad safety program in | ||
connection
with its duties under subsection (3) of Section | ||
18c-7401 of the Illinois
Vehicle Code, with the remainder to be | ||
used by the Department of Transportation
upon order of the | ||
Illinois Commerce Commission, to pay that part of the
cost | ||
apportioned by such Commission to the State to cover the | ||
interest
of the public in the use of highways, roads, streets, |
or
pedestrian walkways in the
county highway system, township | ||
and district road system, or municipal
street system as defined | ||
in the Illinois Highway Code, as the same may
from time to time | ||
be amended, for separation of grades, for installation,
| ||
construction or reconstruction of crossing protection or | ||
reconstruction,
alteration, relocation including construction | ||
or improvement of any
existing highway necessary for access to | ||
property or improvement of any
grade crossing and grade | ||
crossing surface including the necessary highway approaches | ||
thereto of any
railroad across the highway or public road, or | ||
for the installation,
construction, reconstruction, or | ||
maintenance of a pedestrian walkway over or
under a railroad | ||
right-of-way, as provided for in and in
accordance with Section | ||
18c-7401 of the Illinois Vehicle Code.
The Commission may order | ||
up to $2,000,000 per year in Grade Crossing Protection Fund | ||
moneys for the improvement of grade crossing surfaces and up to | ||
$300,000 per year for the maintenance and renewal of 4-quadrant | ||
gate vehicle detection systems located at non-high speed rail | ||
grade crossings. The Commission shall not order more than | ||
$2,000,000 per year in Grade
Crossing Protection Fund moneys | ||
for pedestrian walkways.
In entering orders for projects for | ||
which payments from the Grade Crossing
Protection Fund will be | ||
made, the Commission shall account for expenditures
authorized | ||
by the orders on a cash rather than an accrual basis. For | ||
purposes
of this requirement an "accrual basis" assumes that | ||
the total cost of the
project is expended in the fiscal year in |
which the order is entered, while a
"cash basis" allocates the | ||
cost of the project among fiscal years as
expenditures are | ||
actually made. To meet the requirements of this subsection,
the | ||
Illinois Commerce Commission shall develop annual and 5-year | ||
project plans
of rail crossing capital improvements that will | ||
be paid for with moneys from
the Grade Crossing Protection | ||
Fund. The annual project plan shall identify
projects for the | ||
succeeding fiscal year and the 5-year project plan shall
| ||
identify projects for the 5 directly succeeding fiscal years. | ||
The Commission
shall submit the annual and 5-year project plans | ||
for this Fund to the Governor,
the President of the Senate, the | ||
Senate Minority Leader, the Speaker of the
House of | ||
Representatives, and the Minority Leader of the House of
| ||
Representatives on
the first Wednesday in April of each year; | ||
(d) of the amount remaining after allocations provided for | ||
in
subsections (a), (b) and (c), a sufficient amount shall be | ||
reserved to
pay all of the following: | ||
(1) the costs of the Department of Revenue in | ||
administering this
Act; | ||
(2) the costs of the Department of Transportation in | ||
performing its
duties imposed by the Illinois Highway Code | ||
for supervising the use of motor
fuel tax funds apportioned | ||
to municipalities, counties and road districts; | ||
(3) refunds provided for in Section 13 of this Act and | ||
under the terms
of the International Fuel Tax Agreement | ||
referenced in Section 14a; |
(4) from October 1, 1985 until June 30, 1994, the | ||
administration of the
Vehicle Emissions Inspection Law, | ||
which amount shall be certified monthly by
the | ||
Environmental Protection Agency to the State Comptroller | ||
and shall promptly
be transferred by the State Comptroller | ||
and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | ||
Inspection Fund, and for the period July 1, 1994 through
| ||
June 30, 2000, one-twelfth of $25,000,000 each month, for | ||
the period July 1, 2000 through June 30, 2003,
one-twelfth | ||
of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | ||
and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| ||
July
1 and October 1, or as soon thereafter as may be | ||
practical, during the period July 1, 2004 through June 30, | ||
2011 2010 ,
for the administration of the Vehicle Emissions | ||
Inspection Law of
2005, to be transferred by the State | ||
Comptroller and Treasurer from the Motor
Fuel Tax Fund into | ||
the Vehicle Inspection Fund; | ||
(5) amounts ordered paid by the Court of Claims; and | ||
(6) payment of motor fuel use taxes due to member | ||
jurisdictions under
the terms of the International Fuel Tax | ||
Agreement. The Department shall
certify these amounts to | ||
the Comptroller by the 15th day of each month; the
| ||
Comptroller shall cause orders to be drawn for such | ||
amounts, and the Treasurer
shall administer those amounts | ||
on or before the last day of each month; | ||
(e) after allocations for the purposes set forth in |
subsections
(a), (b), (c) and (d), the remaining amount shall | ||
be apportioned as follows: | ||
(1) Until January 1, 2000, 58.4%, and beginning January | ||
1, 2000, 45.6%
shall be deposited as follows: | ||
(A) 37% into the State Construction Account Fund, | ||
and | ||
(B) 63% into the Road Fund, $1,250,000 of which | ||
shall be reserved each
month for the Department of | ||
Transportation to be used in accordance with
the | ||
provisions of Sections 6-901 through 6-906 of the | ||
Illinois Highway Code; | ||
(2) Until January 1, 2000, 41.6%, and beginning January | ||
1, 2000, 54.4%
shall be transferred to the Department of | ||
Transportation to be
distributed as follows: | ||
(A) 49.10% to the municipalities of the State, | ||
(B) 16.74% to the counties of the State having | ||
1,000,000 or more inhabitants, | ||
(C) 18.27% to the counties of the State having less | ||
than 1,000,000 inhabitants, | ||
(D) 15.89% to the road districts of the State. | ||
As soon as may be after the first day of each month the | ||
Department of
Transportation shall allot to each municipality | ||
its share of the amount
apportioned to the several | ||
municipalities which shall be in proportion
to the population | ||
of such municipalities as determined by the last
preceding | ||
municipal census if conducted by the Federal Government or
|
Federal census. If territory is annexed to any municipality | ||
subsequent
to the time of the last preceding census the | ||
corporate authorities of
such municipality may cause a census | ||
to be taken of such annexed
territory and the population so | ||
ascertained for such territory shall be
added to the population | ||
of the municipality as determined by the last
preceding census | ||
for the purpose of determining the allotment for that
| ||
municipality. If the population of any municipality was not | ||
determined
by the last Federal census preceding any | ||
apportionment, the
apportionment to such municipality shall be | ||
in accordance with any
census taken by such municipality. Any | ||
municipal census used in
accordance with this Section shall be | ||
certified to the Department of
Transportation by the clerk of | ||
such municipality, and the accuracy
thereof shall be subject to | ||
approval of the Department which may make
such corrections as | ||
it ascertains to be necessary. | ||
As soon as may be after the first day of each month the | ||
Department of
Transportation shall allot to each county its | ||
share of the amount
apportioned to the several counties of the | ||
State as herein provided.
Each allotment to the several | ||
counties having less than 1,000,000
inhabitants shall be in | ||
proportion to the amount of motor vehicle
license fees received | ||
from the residents of such counties, respectively,
during the | ||
preceding calendar year. The Secretary of State shall, on or
| ||
before April 15 of each year, transmit to the Department of
| ||
Transportation a full and complete report showing the amount of |
motor
vehicle license fees received from the residents of each | ||
county,
respectively, during the preceding calendar year. The | ||
Department of
Transportation shall, each month, use for | ||
allotment purposes the last
such report received from the | ||
Secretary of State. | ||
As soon as may be after the first day of each month, the | ||
Department
of Transportation shall allot to the several | ||
counties their share of the
amount apportioned for the use of | ||
road districts. The allotment shall
be apportioned among the | ||
several counties in the State in the proportion
which the total | ||
mileage of township or district roads in the respective
| ||
counties bears to the total mileage of all township and | ||
district roads
in the State. Funds allotted to the respective | ||
counties for the use of
road districts therein shall be | ||
allocated to the several road districts
in the county in the | ||
proportion which the total mileage of such township
or district | ||
roads in the respective road districts bears to the total
| ||
mileage of all such township or district roads in the county. | ||
After
July 1 of any year, no allocation shall be made for any | ||
road district
unless it levied a tax for road and bridge | ||
purposes in an amount which
will require the extension of such | ||
tax against the taxable property in
any such road district at a | ||
rate of not less than either .08% of the value
thereof, based | ||
upon the assessment for the year immediately prior to the year
| ||
in which such tax was levied and as equalized by the Department | ||
of Revenue
or, in DuPage County, an amount equal to or greater |
than $12,000 per mile of
road under the jurisdiction of the | ||
road district, whichever is less. If any
road district has | ||
levied a special tax for road purposes
pursuant to Sections | ||
6-601, 6-602 and 6-603 of the Illinois Highway Code, and
such | ||
tax was levied in an amount which would require extension at a
| ||
rate of not less than .08% of the value of the taxable property | ||
thereof,
as equalized or assessed by the Department of Revenue,
| ||
or, in DuPage County, an amount equal to or greater than | ||
$12,000 per mile of
road under the jurisdiction of the road | ||
district, whichever is less,
such levy shall, however, be | ||
deemed a proper compliance with this
Section and shall qualify | ||
such road district for an allotment under this
Section. If a | ||
township has transferred to the road and bridge fund
money | ||
which, when added to the amount of any tax levy of the road
| ||
district would be the equivalent of a tax levy requiring | ||
extension at a
rate of at least .08%, or, in DuPage County, an | ||
amount equal to or greater
than $12,000 per mile of road under | ||
the jurisdiction of the road district,
whichever is less, such | ||
transfer, together with any such tax levy,
shall be deemed a | ||
proper compliance with this Section and shall qualify
the road | ||
district for an allotment under this Section. | ||
In counties in which a property tax extension limitation is | ||
imposed
under the Property Tax Extension Limitation Law, road | ||
districts may retain
their entitlement to a motor fuel tax | ||
allotment if, at the time the property
tax
extension limitation | ||
was imposed, the road district was levying a road and
bridge |
tax at a rate sufficient to entitle it to a motor fuel tax | ||
allotment
and continues to levy the maximum allowable amount | ||
after the imposition of the
property tax extension limitation. | ||
Any road district may in all circumstances
retain its | ||
entitlement to a motor fuel tax allotment if it levied a road | ||
and
bridge tax in an amount that will require the extension of | ||
the tax against the
taxable property in the road district at a | ||
rate of not less than 0.08% of the
assessed value of the | ||
property, based upon the assessment for the year
immediately | ||
preceding the year in which the tax was levied and as equalized | ||
by
the Department of Revenue or, in DuPage County, an amount | ||
equal to or greater
than $12,000 per mile of road under the | ||
jurisdiction of the road district,
whichever is less. | ||
As used in this Section the term "road district" means any | ||
road
district, including a county unit road district, provided | ||
for by the
Illinois Highway Code; and the term "township or | ||
district road"
means any road in the township and district road | ||
system as defined in the
Illinois Highway Code. For the | ||
purposes of this Section, "road
district" also includes park | ||
districts, forest preserve districts and
conservation | ||
districts organized under Illinois law and "township or
| ||
district road" also includes such roads as are maintained by | ||
park
districts, forest preserve districts and conservation | ||
districts. The
Department of Transportation shall determine | ||
the mileage of all township
and district roads for the purposes | ||
of making allotments and allocations of
motor fuel tax funds |
for use in road districts. | ||
Payment of motor fuel tax moneys to municipalities and | ||
counties shall
be made as soon as possible after the allotment | ||
is made. The treasurer
of the municipality or county may invest | ||
these funds until their use is
required and the interest earned | ||
by these investments shall be limited
to the same uses as the | ||
principal funds. | ||
(Source: P.A. 95-744, eff. 7-18-08; 96-34, eff. 7-13-09; 96-45, | ||
eff. 7-15-09; revised 11-3-09.) | ||
Section 5-47. The School Code is amended by changing | ||
Section 18-8.05 as follows: | ||
(105 ILCS 5/18-8.05) | ||
Sec. 18-8.05. Basis for apportionment of general State | ||
financial aid and
supplemental general State aid to the common | ||
schools for the 1998-1999 and
subsequent school years.
| ||
(A) General Provisions. | ||
(1) The provisions of this Section apply to the 1998-1999 | ||
and subsequent
school years. The system of general State | ||
financial aid provided for in this
Section
is designed to | ||
assure that, through a combination of State financial aid and
| ||
required local resources, the financial support provided each | ||
pupil in Average
Daily Attendance equals or exceeds a
| ||
prescribed per pupil Foundation Level. This formula approach |
imputes a level
of per pupil Available Local Resources and | ||
provides for the basis to calculate
a per pupil level of | ||
general State financial aid that, when added to Available
Local | ||
Resources, equals or exceeds the Foundation Level. The
amount | ||
of per pupil general State financial aid for school districts, | ||
in
general, varies in inverse
relation to Available Local | ||
Resources. Per pupil amounts are based upon
each school | ||
district's Average Daily Attendance as that term is defined in | ||
this
Section. | ||
(2) In addition to general State financial aid, school | ||
districts with
specified levels or concentrations of pupils | ||
from low income households are
eligible to receive supplemental | ||
general State financial aid grants as provided
pursuant to | ||
subsection (H).
The supplemental State aid grants provided for | ||
school districts under
subsection (H) shall be appropriated for | ||
distribution to school districts as
part of the same line item | ||
in which the general State financial aid of school
districts is | ||
appropriated under this Section. | ||
(3) To receive financial assistance under this Section, | ||
school districts
are required to file claims with the State | ||
Board of Education, subject to the
following requirements: | ||
(a) Any school district which fails for any given | ||
school year to maintain
school as required by law, or to | ||
maintain a recognized school is not
eligible to file for | ||
such school year any claim upon the Common School
Fund. In | ||
case of nonrecognition of one or more attendance centers in |
a
school district otherwise operating recognized schools, | ||
the claim of the
district shall be reduced in the | ||
proportion which the Average Daily
Attendance in the | ||
attendance center or centers bear to the Average Daily
| ||
Attendance in the school district. A "recognized school" | ||
means any
public school which meets the standards as | ||
established for recognition
by the State Board of | ||
Education. A school district or attendance center
not | ||
having recognition status at the end of a school term is | ||
entitled to
receive State aid payments due upon a legal | ||
claim which was filed while
it was recognized. | ||
(b) School district claims filed under this Section are | ||
subject to
Sections 18-9 and 18-12, except as otherwise | ||
provided in this
Section. | ||
(c) If a school district operates a full year school | ||
under Section
10-19.1, the general State aid to the school | ||
district shall be determined
by the State Board of | ||
Education in accordance with this Section as near as
may be | ||
applicable. | ||
(d) (Blank). | ||
(4) Except as provided in subsections (H) and (L), the | ||
board of any district
receiving any of the grants provided for | ||
in this Section may apply those funds
to any fund so received | ||
for which that board is authorized to make expenditures
by law. | ||
School districts are not required to exert a minimum | ||
Operating Tax Rate in
order to qualify for assistance under |
this Section. | ||
(5) As used in this Section the following terms, when | ||
capitalized, shall
have the meaning ascribed herein: | ||
(a) "Average Daily Attendance": A count of pupil | ||
attendance in school,
averaged as provided for in | ||
subsection (C) and utilized in deriving per pupil
financial | ||
support levels. | ||
(b) "Available Local Resources": A computation of | ||
local financial
support, calculated on the basis of Average | ||
Daily Attendance and derived as
provided pursuant to | ||
subsection (D). | ||
(c) "Corporate Personal Property Replacement Taxes": | ||
Funds paid to local
school districts pursuant to "An Act in | ||
relation to the abolition of ad valorem
personal property | ||
tax and the replacement of revenues lost thereby, and
| ||
amending and repealing certain Acts and parts of Acts in | ||
connection therewith",
certified August 14, 1979, as | ||
amended (Public Act 81-1st S.S.-1). | ||
(d) "Foundation Level": A prescribed level of per pupil | ||
financial support
as provided for in subsection (B). | ||
(e) "Operating Tax Rate": All school district property | ||
taxes extended for
all purposes, except Bond and
Interest, | ||
Summer School, Rent, Capital Improvement, and Vocational | ||
Education
Building purposes.
| ||
(B) Foundation Level. |
(1) The Foundation Level is a figure established by the | ||
State representing
the minimum level of per pupil financial | ||
support that should be available to
provide for the basic | ||
education of each pupil in
Average Daily Attendance. As set | ||
forth in this Section, each school district
is assumed to exert
| ||
a sufficient local taxing effort such that, in combination with | ||
the aggregate
of general State
financial aid provided the | ||
district, an aggregate of State and local resources
are | ||
available to meet
the basic education needs of pupils in the | ||
district. | ||
(2) For the 1998-1999 school year, the Foundation Level of | ||
support is
$4,225. For the 1999-2000 school year, the | ||
Foundation Level of support is
$4,325. For the 2000-2001 school | ||
year, the Foundation Level of support is
$4,425. For the | ||
2001-2002 school year and 2002-2003 school year, the
Foundation | ||
Level of support is $4,560. For the 2003-2004 school year, the | ||
Foundation Level of support is $4,810. For the 2004-2005 school | ||
year, the Foundation Level of support is $4,964.
For the | ||
2005-2006 school year,
the Foundation Level of support is | ||
$5,164. For the 2006-2007 school year, the Foundation Level of | ||
support is $5,334. For the 2007-2008 school year, the | ||
Foundation Level of support is $5,734. For the 2008-2009 school | ||
year, the Foundation Level of support is $5,959. | ||
(3) For the 2009-2010 school year and each school year | ||
thereafter,
the Foundation Level of support is $6,119 or such | ||
greater amount as
may be established by law by the General |
Assembly.
| ||
(C) Average Daily Attendance. | ||
(1) For purposes of calculating general State aid pursuant | ||
to subsection
(E), an Average Daily Attendance figure shall be | ||
utilized. The Average Daily
Attendance figure for formula
| ||
calculation purposes shall be the monthly average of the actual | ||
number of
pupils in attendance of
each school district, as | ||
further averaged for the best 3 months of pupil
attendance for | ||
each
school district. In compiling the figures for the number | ||
of pupils in
attendance, school districts
and the State Board | ||
of Education shall, for purposes of general State aid
funding, | ||
conform
attendance figures to the requirements of subsection | ||
(F). | ||
(2) The Average Daily Attendance figures utilized in | ||
subsection (E) shall be
the requisite attendance data for the | ||
school year immediately preceding
the
school year for which | ||
general State aid is being calculated
or the average of the | ||
attendance data for the 3 preceding school
years, whichever is | ||
greater. The Average Daily Attendance figures
utilized in | ||
subsection (H) shall be the requisite attendance data for the
| ||
school year immediately preceding the school year for which | ||
general
State aid is being calculated.
| ||
(D) Available Local Resources. | ||
(1) For purposes of calculating general State aid pursuant |
to subsection
(E), a representation of Available Local | ||
Resources per pupil, as that term is
defined and determined in | ||
this subsection, shall be utilized. Available Local
Resources | ||
per pupil shall include a calculated
dollar amount representing | ||
local school district revenues from local property
taxes and | ||
from
Corporate Personal Property Replacement Taxes, expressed | ||
on the basis of pupils
in Average
Daily Attendance. Calculation | ||
of Available Local Resources shall exclude any tax amnesty | ||
funds received as a result of Public Act 93-26. | ||
(2) In determining a school district's revenue from local | ||
property taxes,
the State Board of Education shall utilize the | ||
equalized assessed valuation of
all taxable property of each | ||
school
district as of September 30 of the previous year. The | ||
equalized assessed
valuation utilized shall
be obtained and | ||
determined as provided in subsection (G). | ||
(3) For school districts maintaining grades kindergarten | ||
through 12, local
property tax
revenues per pupil shall be | ||
calculated as the product of the applicable
equalized assessed
| ||
valuation for the district multiplied by 3.00%, and divided by | ||
the district's
Average Daily
Attendance figure. For school | ||
districts maintaining grades kindergarten
through 8, local
| ||
property tax revenues per pupil shall be calculated as the | ||
product of the
applicable equalized
assessed valuation for the | ||
district multiplied by 2.30%, and divided by the
district's | ||
Average
Daily Attendance figure. For school districts | ||
maintaining grades 9 through 12,
local property
tax revenues |
per pupil shall be the applicable equalized assessed valuation | ||
of
the district
multiplied by 1.05%, and divided by the | ||
district's Average Daily
Attendance
figure. | ||
For partial elementary unit districts created pursuant to | ||
Article 11E of this Code, local property tax revenues per pupil | ||
shall be calculated as the product of the equalized assessed | ||
valuation for property within the partial elementary unit | ||
district for elementary purposes, as defined in Article 11E of | ||
this Code, multiplied by 2.06% and divided by the district's | ||
Average Daily Attendance figure, plus the product of the | ||
equalized assessed valuation for property within the partial | ||
elementary unit district for high school purposes, as defined | ||
in Article 11E of this Code, multiplied by 0.94% and divided by | ||
the district's Average Daily Attendance figure.
| ||
(4) The Corporate Personal Property Replacement Taxes paid | ||
to each school
district during the calendar year one year | ||
before the calendar year in which a
school year begins, divided | ||
by the Average Daily Attendance figure for that
district, shall | ||
be added to the local property tax revenues per pupil as
| ||
derived by the application of the immediately preceding | ||
paragraph (3). The sum
of these per pupil figures for each | ||
school district shall constitute Available
Local Resources as | ||
that term is utilized in subsection (E) in the calculation
of | ||
general State aid.
| ||
(E) Computation of General State Aid. |
(1) For each school year, the amount of general State aid | ||
allotted to a
school district shall be computed by the State | ||
Board of Education as provided
in this subsection. | ||
(2) For any school district for which Available Local | ||
Resources per pupil
is less than the product of 0.93 times the | ||
Foundation Level, general State aid
for that district shall be | ||
calculated as an amount equal to the Foundation
Level minus | ||
Available Local Resources, multiplied by the Average Daily
| ||
Attendance of the school district. | ||
(3) For any school district for which Available Local | ||
Resources per pupil
is equal to or greater than the product of | ||
0.93 times the Foundation Level and
less than the product of | ||
1.75 times the Foundation Level, the general State aid
per | ||
pupil shall be a decimal proportion of the Foundation Level | ||
derived using a
linear algorithm. Under this linear algorithm, | ||
the calculated general State
aid per pupil shall decline in | ||
direct linear fashion from 0.07 times the
Foundation Level for | ||
a school district with Available Local Resources equal to
the | ||
product of 0.93 times the Foundation Level, to 0.05 times the | ||
Foundation
Level for a school district with Available Local | ||
Resources equal to the product
of 1.75 times the Foundation | ||
Level. The allocation of general
State aid for school districts | ||
subject to this paragraph 3 shall be the
calculated general | ||
State aid
per pupil figure multiplied by the Average Daily | ||
Attendance of the school
district. | ||
(4) For any school district for which Available Local |
Resources per pupil
equals or exceeds the product of 1.75 times | ||
the Foundation Level, the general
State aid for the school | ||
district shall be calculated as the product of $218
multiplied | ||
by the Average Daily Attendance of the school
district. | ||
(5) The amount of general State aid allocated to a school | ||
district for
the 1999-2000 school year meeting the requirements | ||
set forth in paragraph (4)
of subsection
(G) shall be increased | ||
by an amount equal to the general State aid that
would have | ||
been received by the district for the 1998-1999 school year by
| ||
utilizing the Extension Limitation Equalized Assessed | ||
Valuation as calculated
in paragraph (4) of subsection (G) less | ||
the general State aid allotted for the
1998-1999
school year. | ||
This amount shall be deemed a one time increase, and shall not
| ||
affect any future general State aid allocations.
| ||
(F) Compilation of Average Daily Attendance. | ||
(1) Each school district shall, by July 1 of each year, | ||
submit to the State
Board of Education, on forms prescribed by | ||
the State Board of Education,
attendance figures for the school | ||
year that began in the preceding calendar
year. The attendance | ||
information so transmitted shall identify the average
daily | ||
attendance figures for each month of the school year. Beginning | ||
with
the general State aid claim form for the 2002-2003 school
| ||
year, districts shall calculate Average Daily Attendance as | ||
provided in
subdivisions (a), (b), and (c) of this paragraph | ||
(1). |
(a) In districts that do not hold year-round classes,
| ||
days of attendance in August shall be added to the month of | ||
September and any
days of attendance in June shall be added | ||
to the month of May. | ||
(b) In districts in which all buildings hold year-round | ||
classes,
days of attendance in July and August shall be | ||
added to the month
of September and any days of attendance | ||
in June shall be added to
the month of May. | ||
(c) In districts in which some buildings, but not all, | ||
hold
year-round classes, for the non-year-round buildings, | ||
days of
attendance in August shall be added to the month of | ||
September
and any days of attendance in June shall be added | ||
to the month of
May. The average daily attendance for the | ||
year-round buildings
shall be computed as provided in | ||
subdivision (b) of this paragraph
(1). To calculate the | ||
Average Daily Attendance for the district, the
average | ||
daily attendance for the year-round buildings shall be
| ||
multiplied by the days in session for the non-year-round | ||
buildings
for each month and added to the monthly | ||
attendance of the
non-year-round buildings. | ||
Except as otherwise provided in this Section, days of
| ||
attendance by pupils shall be counted only for sessions of not | ||
less than
5 clock hours of school work per day under direct | ||
supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||
volunteer personnel when engaging
in non-teaching duties and | ||
supervising in those instances specified in
subsection (a) of |
Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||
of legal school age and in kindergarten and grades 1 through | ||
12. | ||
Days of attendance by tuition pupils shall be accredited | ||
only to the
districts that pay the tuition to a recognized | ||
school. | ||
(2) Days of attendance by pupils of less than 5 clock hours | ||
of school
shall be subject to the following provisions in the | ||
compilation of Average
Daily Attendance. | ||
(a) Pupils regularly enrolled in a public school for | ||
only a part of
the school day may be counted on the basis | ||
of 1/6 day for every class hour
of instruction of 40 | ||
minutes or more attended pursuant to such enrollment,
| ||
unless a pupil is
enrolled in a block-schedule format of 80 | ||
minutes or more of instruction,
in which case the pupil may | ||
be counted on the basis of the proportion of
minutes of | ||
school work completed each day to the minimum number of
| ||
minutes that school work is required to be held that day. | ||
(b) Days of attendance may be less than 5 clock hours | ||
on the opening
and closing of the school term, and upon the | ||
first day of pupil
attendance, if preceded by a day or days | ||
utilized as an institute or
teachers' workshop. | ||
(c) A session of 4 or more clock hours may be counted | ||
as a day of
attendance upon certification by the regional | ||
superintendent, and
approved by the State Superintendent | ||
of Education to the extent that the
district has been |
forced to use daily multiple sessions. | ||
(d) A session of 3 or more clock hours may be counted | ||
as a day of
attendance (1) when the remainder of the school | ||
day or at least
2 hours in the evening of that day is | ||
utilized for an
in-service training program for teachers, | ||
up to a maximum of 5 days per
school year, provided a | ||
district conducts an in-service
training program for | ||
teachers in accordance with Section 10-22.39 of this Code; | ||
or, in lieu of 4 such days, 2 full days may
be used, in | ||
which event each such day
may be counted as a day required | ||
for a legal school calendar pursuant to Section 10-19 of | ||
this Code; (1.5) when, of the 5 days allowed under item | ||
(1), a maximum of 4 days are used for parent-teacher | ||
conferences, or, in lieu of 4 such days, 2 full days are | ||
used, in which case each such day may be counted as a | ||
calendar day required under Section 10-19 of this Code, | ||
provided that the full-day, parent-teacher conference | ||
consists of (i) a minimum of 5 clock hours of | ||
parent-teacher conferences, (ii) both a minimum of 2 clock | ||
hours of parent-teacher conferences held in the evening | ||
following a full day of student attendance, as specified in | ||
subsection (F)(1)(c), and a minimum of 3 clock hours of | ||
parent-teacher conferences held on the day immediately | ||
following evening parent-teacher conferences, or (iii) | ||
multiple parent-teacher conferences held in the evenings | ||
following full days of student attendance, as specified in |
subsection (F)(1)(c), in which the time used for the | ||
parent-teacher conferences is equivalent to a minimum of 5 | ||
clock hours; and (2) when days in
addition to
those | ||
provided in items (1) and (1.5) are scheduled by a school | ||
pursuant to its school
improvement plan adopted under | ||
Article 34 or its revised or amended school
improvement | ||
plan adopted under Article 2, provided that (i) such | ||
sessions of
3 or more clock hours are scheduled to occur at | ||
regular intervals, (ii) the
remainder of the school days in | ||
which such sessions occur are utilized
for in-service | ||
training programs or other staff development activities | ||
for
teachers, and (iii) a sufficient number of minutes of | ||
school work under the
direct supervision of teachers are | ||
added to the school days between such
regularly scheduled | ||
sessions to accumulate not less than the number of minutes
| ||
by which such sessions of 3 or more clock hours fall short | ||
of 5 clock hours.
Any full days used for the purposes of | ||
this paragraph shall not be considered
for
computing | ||
average daily attendance. Days scheduled for in-service | ||
training
programs, staff development activities, or | ||
parent-teacher conferences may be
scheduled separately for | ||
different
grade levels and different attendance centers of | ||
the district. | ||
(e) A session of not less than one clock hour of | ||
teaching
hospitalized or homebound pupils on-site or by | ||
telephone to the classroom may
be counted as 1/2 day of |
attendance, however these pupils must receive 4 or
more | ||
clock hours of instruction to be counted for a full day of | ||
attendance. | ||
(f) A session of at least 4 clock hours may be counted | ||
as a day of
attendance for first grade pupils, and pupils | ||
in full day kindergartens,
and a session of 2 or more hours | ||
may be counted as 1/2 day of attendance by
pupils in | ||
kindergartens which provide only 1/2 day of attendance. | ||
(g) For children with disabilities who are below the | ||
age of 6 years and
who
cannot attend 2 or more clock hours | ||
because of their disability or
immaturity, a session of not | ||
less than one clock hour may be counted as 1/2 day
of | ||
attendance; however for such children whose educational | ||
needs so require
a session of 4 or more clock hours may be | ||
counted as a full day of attendance. | ||
(h) A recognized kindergarten which provides for only | ||
1/2 day of
attendance by each pupil shall not have more | ||
than 1/2 day of attendance
counted in any one day. However, | ||
kindergartens may count 2 1/2 days
of
attendance in any 5 | ||
consecutive school days. When a pupil attends such a
| ||
kindergarten for 2 half days on any one school day, the | ||
pupil shall have
the following day as a day absent from | ||
school, unless the school district
obtains permission in | ||
writing from the State Superintendent of Education.
| ||
Attendance at kindergartens which provide for a full day of | ||
attendance by
each pupil shall be counted the same as |
attendance by first grade pupils.
Only the first year of | ||
attendance in one kindergarten shall be counted,
except in | ||
case of children who entered the kindergarten in their | ||
fifth year
whose educational development requires a second | ||
year of kindergarten as
determined under the rules and | ||
regulations of the State Board of Education. | ||
(i) On the days when the Prairie State Achievement | ||
Examination is
administered under subsection (c) of | ||
Section 2-3.64 of this Code, the day
of attendance for a | ||
pupil whose school
day must be shortened to accommodate | ||
required testing procedures may
be less than 5 clock hours | ||
and shall be counted towards the 176 days of actual pupil | ||
attendance required under Section 10-19 of this Code, | ||
provided that a sufficient number of minutes
of school work | ||
in excess of 5 clock hours are first completed on other | ||
school
days to compensate for the loss of school work on | ||
the examination days.
| ||
(G) Equalized Assessed Valuation Data. | ||
(1) For purposes of the calculation of Available Local | ||
Resources required
pursuant to subsection (D), the
State Board | ||
of Education shall secure from the Department of
Revenue the | ||
value as equalized or assessed by the Department of Revenue of
| ||
all taxable property of every school district, together with | ||
(i) the applicable
tax rate used in extending taxes for the | ||
funds of the district as of
September 30 of the previous year
|
and (ii) the limiting rate for all school
districts subject to | ||
property tax extension limitations as imposed under the
| ||
Property Tax Extension Limitation Law.
| ||
The Department of Revenue shall add to the equalized | ||
assessed value of all
taxable
property of each school district | ||
situated entirely or partially within a county
that is or was | ||
subject to the
provisions of Section 15-176 or 15-177 of the | ||
Property Tax Code (a)
an amount equal to the total amount by | ||
which the
homestead exemption allowed under Section 15-176 or | ||
15-177 of the Property Tax Code for
real
property situated in | ||
that school district exceeds the total amount that would
have | ||
been
allowed in that school district if the maximum reduction | ||
under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||
all other counties in tax year 2003 or (ii) $5,000 in all | ||
counties in tax year 2004 and thereafter and (b) an amount | ||
equal to the aggregate amount for the taxable year of all | ||
additional exemptions under Section 15-175 of the Property Tax | ||
Code for owners with a household income of $30,000 or less. The | ||
county clerk of any county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property Tax Code | ||
shall
annually calculate and certify to the Department of | ||
Revenue for each school
district all
homestead exemption | ||
amounts under Section 15-176 or 15-177 of the Property Tax Code | ||
and all amounts of additional exemptions under Section 15-175 | ||
of the Property Tax Code for owners with a household income of | ||
$30,000 or less. It is the intent of this paragraph that if the |
general homestead exemption for a parcel of property is | ||
determined under Section 15-176 or 15-177 of the Property Tax | ||
Code rather than Section 15-175, then the calculation of | ||
Available Local Resources shall not be affected by the | ||
difference, if any, between the amount of the general homestead | ||
exemption allowed for that parcel of property under Section | ||
15-176 or 15-177 of the Property Tax Code and the amount that | ||
would have been allowed had the general homestead exemption for | ||
that parcel of property been determined under Section 15-175 of | ||
the Property Tax Code. It is further the intent of this | ||
paragraph that if additional exemptions are allowed under | ||
Section 15-175 of the Property Tax Code for owners with a | ||
household income of less than $30,000, then the calculation of | ||
Available Local Resources shall not be affected by the | ||
difference, if any, because of those additional exemptions. | ||
This equalized assessed valuation, as adjusted further by | ||
the requirements of
this subsection, shall be utilized in the | ||
calculation of Available Local
Resources. | ||
(2) The equalized assessed valuation in paragraph (1) shall | ||
be adjusted, as
applicable, in the following manner: | ||
(a) For the purposes of calculating State aid under | ||
this Section,
with respect to any part of a school district | ||
within a redevelopment
project area in respect to which a | ||
municipality has adopted tax
increment allocation | ||
financing pursuant to the Tax Increment Allocation
| ||
Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
of the Illinois
Municipal Code or the Industrial Jobs | ||
Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||
Illinois Municipal Code, no part of the current equalized
| ||
assessed valuation of real property located in any such | ||
project area which is
attributable to an increase above the | ||
total initial equalized assessed
valuation of such | ||
property shall be used as part of the equalized assessed
| ||
valuation of the district, until such time as all
| ||
redevelopment project costs have been paid, as provided in | ||
Section 11-74.4-8
of the Tax Increment Allocation | ||
Redevelopment Act or in Section 11-74.6-35 of
the | ||
Industrial Jobs Recovery Law. For the purpose of
the | ||
equalized assessed valuation of the
district, the total | ||
initial equalized assessed valuation or the current
| ||
equalized assessed valuation, whichever is lower, shall be | ||
used until
such time as all redevelopment project costs | ||
have been paid. | ||
(b) The real property equalized assessed valuation for | ||
a school district
shall be adjusted by subtracting from the | ||
real property
value as equalized or assessed by the | ||
Department of Revenue for the
district an amount computed | ||
by dividing the amount of any abatement of
taxes under | ||
Section 18-170 of the Property Tax Code by 3.00% for a | ||
district
maintaining grades kindergarten through 12, by | ||
2.30% for a district
maintaining grades kindergarten | ||
through 8, or by 1.05% for a
district
maintaining grades 9 |
through 12 and adjusted by an amount computed by dividing
| ||
the amount of any abatement of taxes under subsection (a) | ||
of Section 18-165 of
the Property Tax Code by the same | ||
percentage rates for district type as
specified in this | ||
subparagraph (b). | ||
(3) For the 1999-2000 school year and each school year | ||
thereafter, if a
school district meets all of the criteria of | ||
this subsection (G)(3), the school
district's Available Local | ||
Resources shall be calculated under subsection (D)
using the | ||
district's Extension Limitation Equalized Assessed Valuation | ||
as
calculated under this
subsection (G)(3). | ||
For purposes of this subsection (G)(3) the following terms | ||
shall have
the following meanings: | ||
"Budget Year": The school year for which general State | ||
aid is calculated
and
awarded under subsection (E). | ||
"Base Tax Year": The property tax levy year used to | ||
calculate the Budget
Year
allocation of general State aid. | ||
"Preceding Tax Year": The property tax levy year | ||
immediately preceding the
Base Tax Year. | ||
"Base Tax Year's Tax Extension": The product of the | ||
equalized assessed
valuation utilized by the County Clerk | ||
in the Base Tax Year multiplied by the
limiting rate as | ||
calculated by the County Clerk and defined in the Property | ||
Tax
Extension Limitation Law. | ||
"Preceding Tax Year's Tax Extension": The product of | ||
the equalized assessed
valuation utilized by the County |
Clerk in the Preceding Tax Year multiplied by
the Operating | ||
Tax Rate as defined in subsection (A). | ||
"Extension Limitation Ratio": A numerical ratio, | ||
certified by the
County Clerk, in which the numerator is | ||
the Base Tax Year's Tax
Extension and the denominator is | ||
the Preceding Tax Year's Tax Extension. | ||
"Operating Tax Rate": The operating tax rate as defined | ||
in subsection (A). | ||
If a school district is subject to property tax extension | ||
limitations as
imposed under
the Property Tax Extension | ||
Limitation Law, the State Board of Education shall
calculate | ||
the Extension
Limitation
Equalized Assessed Valuation of that | ||
district. For the 1999-2000 school
year, the
Extension | ||
Limitation Equalized Assessed Valuation of a school district as
| ||
calculated by the State Board of Education shall be equal to | ||
the product of the
district's 1996 Equalized Assessed Valuation | ||
and the district's Extension
Limitation Ratio. Except as | ||
otherwise provided in this paragraph for a school district that | ||
has approved or does approve an increase in its limiting rate, | ||
for the 2000-2001 school year and each school year
thereafter,
| ||
the Extension Limitation Equalized Assessed Valuation of a | ||
school district as
calculated by the State Board of Education | ||
shall be equal to the product of
the Equalized Assessed | ||
Valuation last used in the calculation of general State
aid and | ||
the
district's Extension Limitation Ratio. If the Extension | ||
Limitation
Equalized
Assessed Valuation of a school district as |
calculated under
this subsection (G)(3) is less than the | ||
district's equalized assessed valuation
as calculated pursuant | ||
to subsections (G)(1) and (G)(2), then for purposes of
| ||
calculating the district's general State aid for the Budget | ||
Year pursuant to
subsection (E), that Extension
Limitation | ||
Equalized Assessed Valuation shall be utilized to calculate the
| ||
district's Available Local Resources
under subsection (D). For | ||
the 2009-2010 school year and each school year thereafter, if a | ||
school district has approved or does approve an increase in its | ||
limiting rate, pursuant to Section 18-190 of the Property Tax | ||
Code, affecting the Base Tax Year, the Extension Limitation | ||
Equalized Assessed Valuation of the school district, as | ||
calculated by the State Board of Education, shall be equal to | ||
the product of the Equalized Assessed Valuation last used in | ||
the calculation of general State aid times an amount equal to | ||
one plus the percentage increase, if any, in the Consumer Price | ||
Index for all Urban Consumers for all items published by the | ||
United States Department of Labor for the 12-month calendar | ||
year preceding the Base Tax Year, plus the Equalized Assessed | ||
Valuation of new property, annexed property, and recovered tax | ||
increment value and minus the Equalized Assessed Valuation of | ||
disconnected property. New property and recovered tax | ||
increment value shall have the meanings set forth in the | ||
Property Tax Extension Limitation Law. | ||
Partial elementary unit districts created in accordance | ||
with Article 11E of this Code shall not be eligible for the |
adjustment in this subsection (G)(3) until the fifth year | ||
following the effective date of the reorganization.
| ||
(4) For the purposes of calculating general State aid for | ||
the 1999-2000
school year only, if a school district | ||
experienced a triennial reassessment on
the equalized assessed | ||
valuation used in calculating its general State
financial aid | ||
apportionment for the 1998-1999 school year, the State Board of
| ||
Education shall calculate the Extension Limitation Equalized | ||
Assessed Valuation
that would have been used to calculate the | ||
district's 1998-1999 general State
aid. This amount shall equal | ||
the product of the equalized assessed valuation
used to
| ||
calculate general State aid for the 1997-1998 school year and | ||
the district's
Extension Limitation Ratio. If the Extension | ||
Limitation Equalized Assessed
Valuation of the school district | ||
as calculated under this paragraph (4) is
less than the | ||
district's equalized assessed valuation utilized in | ||
calculating
the
district's 1998-1999 general State aid | ||
allocation, then for purposes of
calculating the district's | ||
general State aid pursuant to paragraph (5) of
subsection (E),
| ||
that Extension Limitation Equalized Assessed Valuation shall | ||
be utilized to
calculate the district's Available Local | ||
Resources. | ||
(5) For school districts having a majority of their | ||
equalized assessed
valuation in any county except Cook, DuPage, | ||
Kane, Lake, McHenry, or Will, if
the amount of general State | ||
aid allocated to the school district for the
1999-2000 school |
year under the provisions of subsection (E), (H), and (J) of
| ||
this Section is less than the amount of general State aid | ||
allocated to the
district for the 1998-1999 school year under | ||
these subsections, then the
general
State aid of the district | ||
for the 1999-2000 school year only shall be increased
by the | ||
difference between these amounts. The total payments made under | ||
this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||
be prorated if they
exceed $14,000,000.
| ||
(H) Supplemental General State Aid. | ||
(1) In addition to the general State aid a school district | ||
is allotted
pursuant to subsection (E), qualifying school | ||
districts shall receive a grant,
paid in conjunction with a | ||
district's payments of general State aid, for
supplemental | ||
general State aid based upon the concentration level of | ||
children
from low-income households within the school | ||
district.
Supplemental State aid grants provided for school | ||
districts under this
subsection shall be appropriated for | ||
distribution to school districts as part
of the same line item | ||
in which the general State financial aid of school
districts is | ||
appropriated under this Section.
If the appropriation in any | ||
fiscal year for general State aid and
supplemental general | ||
State aid is insufficient to pay the amounts required
under the | ||
general State aid and supplemental general State aid | ||
calculations,
then the
State Board of Education shall ensure | ||
that
each school district receives the full amount due for |
general State aid
and the remainder of the appropriation shall | ||
be used
for supplemental general State aid, which the State | ||
Board of Education shall
calculate and pay to eligible | ||
districts on a prorated basis. | ||
(1.5) This paragraph (1.5) applies only to those school | ||
years
preceding the 2003-2004 school year.
For purposes of this
| ||
subsection (H), the term "Low-Income Concentration Level" | ||
shall be the
low-income
eligible pupil count from the most | ||
recently available federal census divided by
the Average Daily | ||
Attendance of the school district.
If, however, (i) the | ||
percentage decrease from the 2 most recent federal
censuses
in | ||
the low-income eligible pupil count of a high school district | ||
with fewer
than 400 students exceeds by 75% or more the | ||
percentage change in the total
low-income eligible pupil count | ||
of contiguous elementary school districts,
whose boundaries | ||
are coterminous with the high school district,
or (ii) a high | ||
school district within 2 counties and serving 5 elementary
| ||
school
districts, whose boundaries are coterminous with the | ||
high school
district, has a percentage decrease from the 2 most | ||
recent federal
censuses in the low-income eligible pupil count | ||
and there is a percentage
increase in the total low-income | ||
eligible pupil count of a majority of the
elementary school | ||
districts in excess of 50% from the 2 most recent
federal | ||
censuses, then
the
high school district's low-income eligible | ||
pupil count from the earlier federal
census
shall be the number | ||
used as the low-income eligible pupil count for the high
school |
district, for purposes of this subsection (H).
The changes made | ||
to this paragraph (1) by Public Act 92-28 shall apply to
| ||
supplemental general State aid
grants for school years | ||
preceding the 2003-2004 school year that are paid
in fiscal | ||
year 1999 or thereafter
and to
any State aid payments made in | ||
fiscal year 1994 through fiscal year
1998 pursuant to | ||
subsection 1(n) of Section 18-8 of this Code (which was
| ||
repealed on July 1, 1998), and any high school district that is | ||
affected by
Public Act 92-28 is
entitled to a
recomputation of | ||
its supplemental general State aid grant or State aid
paid in | ||
any of those fiscal years. This recomputation shall not be
| ||
affected by any other funding. | ||
(1.10) This paragraph (1.10) applies to the 2003-2004 | ||
school year
and each school year thereafter. For purposes of | ||
this subsection (H), the
term "Low-Income Concentration Level" | ||
shall, for each fiscal year, be the
low-income eligible
pupil | ||
count
as of July 1 of the immediately preceding fiscal year
(as | ||
determined by the Department of Human Services based
on the | ||
number of pupils
who are eligible for at least one of the | ||
following
low income programs: Medicaid, the Children's Health | ||
Insurance Program, TANF, or Food Stamps,
excluding pupils who | ||
are eligible for services provided by the Department
of | ||
Children and Family Services,
averaged over
the 2 immediately | ||
preceding fiscal years for fiscal year 2004 and over the 3
| ||
immediately preceding fiscal years for each fiscal year | ||
thereafter)
divided by the Average Daily Attendance of the |
school district. | ||
(2) Supplemental general State aid pursuant to this | ||
subsection (H) shall
be
provided as follows for the 1998-1999, | ||
1999-2000, and 2000-2001 school years
only: | ||
(a) For any school district with a Low Income | ||
Concentration Level of at
least 20% and less than 35%, the | ||
grant for any school year
shall be $800
multiplied by the | ||
low income eligible pupil count. | ||
(b) For any school district with a Low Income | ||
Concentration Level of at
least 35% and less than 50%, the | ||
grant for the 1998-1999 school year shall be
$1,100 | ||
multiplied by the low income eligible pupil count. | ||
(c) For any school district with a Low Income | ||
Concentration Level of at
least 50% and less than 60%, the | ||
grant for the 1998-99 school year shall be
$1,500 | ||
multiplied by the low income eligible pupil count. | ||
(d) For any school district with a Low Income | ||
Concentration Level of 60%
or more, the grant for the | ||
1998-99 school year shall be $1,900 multiplied by
the low | ||
income eligible pupil count. | ||
(e) For the 1999-2000 school year, the per pupil amount | ||
specified in
subparagraphs (b), (c), and (d) immediately | ||
above shall be increased to $1,243,
$1,600, and $2,000, | ||
respectively. | ||
(f) For the 2000-2001 school year, the per pupil | ||
amounts specified in
subparagraphs (b), (c), and (d) |
immediately above shall be
$1,273, $1,640, and $2,050, | ||
respectively. | ||
(2.5) Supplemental general State aid pursuant to this | ||
subsection (H)
shall be provided as follows for the 2002-2003 | ||
school year: | ||
(a) For any school district with a Low Income | ||
Concentration Level of less
than 10%, the grant for each | ||
school year shall be $355 multiplied by the low
income | ||
eligible pupil count. | ||
(b) For any school district with a Low Income | ||
Concentration
Level of at least 10% and less than 20%, the | ||
grant for each school year shall
be $675
multiplied by the | ||
low income eligible pupil
count. | ||
(c) For any school district with a Low Income | ||
Concentration
Level of at least 20% and less than 35%, the | ||
grant for each school year shall
be $1,330
multiplied by | ||
the low income eligible pupil
count. | ||
(d) For any school district with a Low Income | ||
Concentration
Level of at least 35% and less than 50%, the | ||
grant for each school year shall
be $1,362
multiplied by | ||
the low income eligible pupil
count. | ||
(e) For any school district with a Low Income | ||
Concentration
Level of at least 50% and less than 60%, the | ||
grant for each school year shall
be $1,680
multiplied by | ||
the low income eligible pupil
count. | ||
(f) For any school district with a Low Income |
Concentration
Level of 60% or more, the grant for each | ||
school year shall be $2,080
multiplied by the low income | ||
eligible pupil count. | ||
(2.10) Except as otherwise provided, supplemental general | ||
State aid
pursuant to this subsection
(H) shall be provided as | ||
follows for the 2003-2004 school year and each
school year | ||
thereafter: | ||
(a) For any school district with a Low Income | ||
Concentration
Level of 15% or less, the grant for each | ||
school year
shall be $355 multiplied by the low income | ||
eligible pupil count. | ||
(b) For any school district with a Low Income | ||
Concentration
Level greater than 15%, the grant for each | ||
school year shall be
$294.25 added to the product of $2,700 | ||
and the square of the Low
Income Concentration Level, all | ||
multiplied by the low income
eligible pupil count. | ||
For the 2003-2004 school year and each school year | ||
thereafter through the 2008-2009 school year only, the grant | ||
shall be no less than the
grant
for
the 2002-2003 school year. | ||
For the 2009-2010 school year only, the grant shall
be no
less | ||
than the grant for the 2002-2003 school year multiplied by | ||
0.66. For the 2010-2011
school year only, the grant shall be no | ||
less than the grant for the 2002-2003
school year
multiplied by | ||
0.33. Notwithstanding the provisions of this paragraph to the | ||
contrary, if for any school year supplemental general State aid | ||
grants are prorated as provided in paragraph (1) of this |
subsection (H), then the grants under this paragraph shall be | ||
prorated.
| ||
For the 2003-2004 school year only, the grant shall be no | ||
greater
than the grant received during the 2002-2003 school | ||
year added to the
product of 0.25 multiplied by the difference | ||
between the grant amount
calculated under subsection (a) or (b) | ||
of this paragraph (2.10), whichever
is applicable, and the | ||
grant received during the 2002-2003 school year.
For the | ||
2004-2005 school year only, the grant shall be no greater than
| ||
the grant received during the 2002-2003 school year added to | ||
the
product of 0.50 multiplied by the difference between the | ||
grant amount
calculated under subsection (a) or (b) of this | ||
paragraph (2.10), whichever
is applicable, and the grant | ||
received during the 2002-2003 school year.
For the 2005-2006 | ||
school year only, the grant shall be no greater than
the grant | ||
received during the 2002-2003 school year added to the
product | ||
of 0.75 multiplied by the difference between the grant amount
| ||
calculated under subsection (a) or (b) of this paragraph | ||
(2.10), whichever
is applicable, and the grant received during | ||
the 2002-2003
school year. | ||
(3) School districts with an Average Daily Attendance of | ||
more than 1,000
and less than 50,000 that qualify for | ||
supplemental general State aid pursuant
to this subsection | ||
shall submit a plan to the State Board of Education prior to
| ||
October 30 of each year for the use of the funds resulting from | ||
this grant of
supplemental general State aid for the |
improvement of
instruction in which priority is given to | ||
meeting the education needs of
disadvantaged children. Such | ||
plan shall be submitted in accordance with
rules and | ||
regulations promulgated by the State Board of Education. | ||
(4) School districts with an Average Daily Attendance of | ||
50,000 or more
that qualify for supplemental general State aid | ||
pursuant to this subsection
shall be required to distribute | ||
from funds available pursuant to this Section,
no less than | ||
$261,000,000 in accordance with the following requirements: | ||
(a) The required amounts shall be distributed to the | ||
attendance centers
within the district in proportion to the | ||
number of pupils enrolled at each
attendance center who are | ||
eligible to receive free or reduced-price lunches or
| ||
breakfasts under the federal Child Nutrition Act of 1966 | ||
and under the National
School Lunch Act during the | ||
immediately preceding school year. | ||
(b) The distribution of these portions of supplemental | ||
and general State
aid among attendance centers according to | ||
these requirements shall not be
compensated for or | ||
contravened by adjustments of the total of other funds
| ||
appropriated to any attendance centers, and the Board of | ||
Education shall
utilize funding from one or several sources | ||
in order to fully implement this
provision annually prior | ||
to the opening of school. | ||
(c) Each attendance center shall be provided by the
| ||
school district a distribution of noncategorical funds and |
other
categorical funds to which an attendance center is | ||
entitled under law in
order that the general State aid and | ||
supplemental general State aid provided
by application of | ||
this subsection supplements rather than supplants the
| ||
noncategorical funds and other categorical funds provided | ||
by the school
district to the attendance centers. | ||
(d) Any funds made available under this subsection that | ||
by reason of the
provisions of this subsection are not
| ||
required to be allocated and provided to attendance centers | ||
may be used and
appropriated by the board of the district | ||
for any lawful school purpose. | ||
(e) Funds received by an attendance center
pursuant to | ||
this
subsection shall be used
by the attendance center at | ||
the discretion
of the principal and local school council | ||
for programs to improve educational
opportunities at | ||
qualifying schools through the following programs and
| ||
services: early childhood education, reduced class size or | ||
improved adult to
student classroom ratio, enrichment | ||
programs, remedial assistance, attendance
improvement, and | ||
other educationally beneficial expenditures which
| ||
supplement
the regular and basic programs as determined by | ||
the State Board of Education.
Funds provided shall not be | ||
expended for any political or lobbying purposes
as defined | ||
by board rule. | ||
(f) Each district subject to the provisions of this | ||
subdivision (H)(4)
shall submit an
acceptable plan to meet |
the educational needs of disadvantaged children, in
| ||
compliance with the requirements of this paragraph, to the | ||
State Board of
Education prior to July 15 of each year. | ||
This plan shall be consistent with the
decisions of local | ||
school councils concerning the school expenditure plans
| ||
developed in accordance with part 4 of Section 34-2.3. The | ||
State Board shall
approve or reject the plan within 60 days | ||
after its submission. If the plan is
rejected, the district | ||
shall give written notice of intent to modify the plan
| ||
within 15 days of the notification of rejection and then | ||
submit a modified plan
within 30 days after the date of the | ||
written notice of intent to modify.
Districts may amend | ||
approved plans pursuant to rules promulgated by the State
| ||
Board of Education. | ||
Upon notification by the State Board of Education that | ||
the district has
not submitted a plan prior to July 15 or a | ||
modified plan within the time
period specified herein, the
| ||
State aid funds affected by that plan or modified plan | ||
shall be withheld by the
State Board of Education until a | ||
plan or modified plan is submitted. | ||
If the district fails to distribute State aid to | ||
attendance centers in
accordance with an approved plan, the | ||
plan for the following year shall
allocate funds, in | ||
addition to the funds otherwise required by this
| ||
subsection, to those attendance centers which were | ||
underfunded during the
previous year in amounts equal to |
such underfunding. | ||
For purposes of determining compliance with this | ||
subsection in relation
to the requirements of attendance | ||
center funding, each district subject to the
provisions of | ||
this
subsection shall submit as a separate document by | ||
December 1 of each year a
report of expenditure data for | ||
the prior year in addition to any
modification of its | ||
current plan. If it is determined that there has been
a | ||
failure to comply with the expenditure provisions of this | ||
subsection
regarding contravention or supplanting, the | ||
State Superintendent of
Education shall, within 60 days of | ||
receipt of the report, notify the
district and any affected | ||
local school council. The district shall within
45 days of | ||
receipt of that notification inform the State | ||
Superintendent of
Education of the remedial or corrective | ||
action to be taken, whether by
amendment of the current | ||
plan, if feasible, or by adjustment in the plan
for the | ||
following year. Failure to provide the expenditure report | ||
or the
notification of remedial or corrective action in a | ||
timely manner shall
result in a withholding of the affected | ||
funds. | ||
The State Board of Education shall promulgate rules and | ||
regulations
to implement the provisions of this | ||
subsection. No funds shall be released
under this | ||
subdivision (H)(4) to any district that has not submitted a | ||
plan
that has been approved by the State Board of |
Education.
| ||
(I) (Blank).
| ||
(J) Supplementary Grants in Aid. | ||
(1) Notwithstanding any other provisions of this Section, | ||
the amount of the
aggregate general State aid in combination | ||
with supplemental general State aid
under this Section for | ||
which
each school district is eligible shall be no
less than | ||
the amount of the aggregate general State aid entitlement that | ||
was
received by the district under Section
18-8 (exclusive of | ||
amounts received
under subsections 5(p) and 5(p-5) of that | ||
Section)
for the 1997-98 school year,
pursuant to the | ||
provisions of that Section as it was then in effect.
If a | ||
school district qualifies to receive a supplementary payment | ||
made under
this subsection (J), the amount
of the aggregate | ||
general State aid in combination with supplemental general
| ||
State aid under this Section
which that district is eligible to | ||
receive for each school year shall be no less than the amount | ||
of the aggregate
general State aid entitlement that was | ||
received by the district under
Section 18-8 (exclusive of | ||
amounts received
under subsections 5(p) and 5(p-5) of that | ||
Section)
for the 1997-1998 school year, pursuant to the | ||
provisions of that
Section as it was then in effect. | ||
(2) If, as provided in paragraph (1) of this subsection | ||
(J), a school
district is to receive aggregate general State |
aid in
combination with supplemental general State aid under | ||
this Section for the 1998-99 school year and any subsequent | ||
school
year that in any such school year is less than the | ||
amount of the aggregate
general
State
aid entitlement that the | ||
district received for the 1997-98 school year, the
school | ||
district shall also receive, from a separate appropriation made | ||
for
purposes of this subsection (J), a supplementary payment | ||
that is equal to the
amount of the difference in the aggregate | ||
State aid figures as described in
paragraph (1). | ||
(3) (Blank).
| ||
(K) Grants to Laboratory and Alternative Schools. | ||
In calculating the amount to be paid to the governing board | ||
of a public
university that operates a laboratory school under | ||
this Section or to any
alternative school that is operated by a | ||
regional superintendent of schools,
the State
Board of | ||
Education shall require by rule such reporting requirements as | ||
it
deems necessary. | ||
As used in this Section, "laboratory school" means a public | ||
school which is
created and operated by a public university and | ||
approved by the State Board of
Education. The governing board | ||
of a public university which receives funds
from the State | ||
Board under this subsection (K) may not increase the number of
| ||
students enrolled in its laboratory
school from a single | ||
district, if that district is already sending 50 or more
| ||
students, except under a mutual agreement between the school |
board of a
student's district of residence and the university | ||
which operates the
laboratory school. A laboratory school may | ||
not have more than 1,000 students,
excluding students with | ||
disabilities in a special education program. | ||
As used in this Section, "alternative school" means a | ||
public school which is
created and operated by a Regional | ||
Superintendent of Schools and approved by
the State Board of | ||
Education. Such alternative schools may offer courses of
| ||
instruction for which credit is given in regular school | ||
programs, courses to
prepare students for the high school | ||
equivalency testing program or vocational
and occupational | ||
training. A regional superintendent of schools may contract
| ||
with a school district or a public community college district | ||
to operate an
alternative school. An alternative school serving | ||
more than one educational
service region may be established by | ||
the regional superintendents of schools
of the affected | ||
educational service regions. An alternative school
serving | ||
more than one educational service region may be operated under | ||
such
terms as the regional superintendents of schools of those | ||
educational service
regions may agree. | ||
Each laboratory and alternative school shall file, on forms | ||
provided by the
State Superintendent of Education, an annual | ||
State aid claim which states the
Average Daily Attendance of | ||
the school's students by month. The best 3 months'
Average | ||
Daily Attendance shall be computed for each school.
The general | ||
State aid entitlement shall be computed by multiplying the
|
applicable Average Daily Attendance by the Foundation Level as | ||
determined under
this Section.
| ||
(L) Payments, Additional Grants in Aid and Other Requirements. | ||
(1) For a school district operating under the financial | ||
supervision
of an Authority created under Article 34A, the | ||
general State aid otherwise
payable to that district under this | ||
Section, but not the supplemental general
State aid, shall be | ||
reduced by an amount equal to the budget for
the operations of | ||
the Authority as certified by the Authority to the State
Board | ||
of Education, and an amount equal to such reduction shall be | ||
paid
to the Authority created for such district for its | ||
operating expenses in
the manner provided in Section 18-11. The | ||
remainder
of general State school aid for any such district | ||
shall be paid in accordance
with Article 34A when that Article | ||
provides for a disposition other than that
provided by this | ||
Article. | ||
(2) (Blank). | ||
(3) Summer school. Summer school payments shall be made as | ||
provided in
Section 18-4.3.
| ||
(M) Education Funding Advisory Board. | ||
The Education Funding Advisory
Board, hereinafter in this | ||
subsection (M) referred to as the "Board", is hereby
created. | ||
The Board
shall consist of 5 members who are appointed by the | ||
Governor, by and with the
advice and consent of the Senate. The |
members appointed shall include
representatives of education, | ||
business, and the general public. One of the
members so | ||
appointed shall be
designated by the Governor at the time the | ||
appointment is made as the
chairperson of the
Board.
The | ||
initial members of the Board may
be appointed any time after | ||
the effective date of this amendatory Act of
1997. The regular | ||
term of each member of the
Board shall be for 4 years from the | ||
third Monday of January of the
year in which the term of the | ||
member's appointment is to commence, except that
of the 5 | ||
initial members appointed to serve on the
Board, the member who | ||
is appointed as the chairperson shall serve for
a term that | ||
commences on the date of his or her appointment and expires on | ||
the
third Monday of January, 2002, and the remaining 4 members, | ||
by lots drawn at
the first meeting of the Board that is
held
| ||
after all 5 members are appointed, shall determine 2 of their | ||
number to serve
for terms that commence on the date of their
| ||
respective appointments and expire on the third
Monday of | ||
January, 2001,
and 2 of their number to serve for terms that | ||
commence
on the date of their respective appointments and | ||
expire on the third Monday
of January, 2000. All members | ||
appointed to serve on the
Board shall serve until their | ||
respective successors are
appointed and confirmed. Vacancies | ||
shall be filled in the same manner as
original appointments. If | ||
a vacancy in membership occurs at a time when the
Senate is not | ||
in session, the Governor shall make a temporary appointment | ||
until
the next meeting of the Senate, when he or she shall |
appoint, by and with the
advice and consent of the Senate, a | ||
person to fill that membership for the
unexpired term. If the | ||
Senate is not in session when the initial appointments
are | ||
made, those appointments shall
be made as in the case of | ||
vacancies. | ||
The Education Funding Advisory Board shall be deemed | ||
established,
and the initial
members appointed by the Governor | ||
to serve as members of the
Board shall take office,
on the date | ||
that the
Governor makes his or her appointment of the fifth | ||
initial member of the
Board, whether those initial members are | ||
then serving
pursuant to appointment and confirmation or | ||
pursuant to temporary appointments
that are made by the | ||
Governor as in the case of vacancies. | ||
The State Board of Education shall provide such staff | ||
assistance to the
Education Funding Advisory Board as is | ||
reasonably required for the proper
performance by the Board of | ||
its responsibilities. | ||
For school years after the 2000-2001 school year, the | ||
Education
Funding Advisory Board, in consultation with the | ||
State Board of Education,
shall make recommendations as | ||
provided in this subsection (M) to the General
Assembly for the | ||
foundation level under subdivision (B)(3) of this Section and
| ||
for the
supplemental general State aid grant level under | ||
subsection (H) of this Section
for districts with high | ||
concentrations of children from poverty. The
recommended | ||
foundation level shall be determined based on a methodology |
which
incorporates the basic education expenditures of | ||
low-spending schools
exhibiting high academic performance. The | ||
Education Funding Advisory Board
shall make such | ||
recommendations to the General Assembly on January 1 of odd
| ||
numbered years, beginning January 1, 2001.
| ||
(N) (Blank).
| ||
(O) References. | ||
(1) References in other laws to the various subdivisions of
| ||
Section 18-8 as that Section existed before its repeal and | ||
replacement by this
Section 18-8.05 shall be deemed to refer to | ||
the corresponding provisions of
this Section 18-8.05, to the | ||
extent that those references remain applicable. | ||
(2) References in other laws to State Chapter 1 funds shall | ||
be deemed to
refer to the supplemental general State aid | ||
provided under subsection (H) of
this Section. | ||
(P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||
changes to this Section. Under Section 6 of the Statute on | ||
Statutes there is an irreconcilable conflict between Public Act | ||
93-808 and Public Act 93-838. Public Act 93-838, being the last | ||
acted upon, is controlling. The text of Public Act 93-838 is | ||
the law regardless of the text of Public Act 93-808. | ||
(Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07; | ||
95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff. |
8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff. | ||
8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised | ||
10-23-09.) | ||
Section 5-48. The Illinois Public Aid Code is amended by | ||
changing Sections 5-5.4 and 5-5.4d as follows: | ||
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) | ||
(Text of Section after amendment by P.A. 96-339 ) | ||
Sec. 5-5.4. Standards of Payment - Department of Healthcare | ||
and Family Services.
The Department of Healthcare and Family | ||
Services shall develop standards of payment of skilled
nursing | ||
and intermediate care services in facilities providing such | ||
services
under this Article which:
| ||
(1) Provide for the determination of a facility's payment
| ||
for skilled nursing and intermediate care services on a | ||
prospective basis.
The amount of the payment rate for all | ||
nursing facilities certified by the
Department of Public Health | ||
under the MR/DD Community Care Act or the Nursing Home Care Act | ||
as Intermediate
Care for the Developmentally Disabled | ||
facilities, Long Term Care for Under Age
22 facilities, Skilled | ||
Nursing facilities, or Intermediate Care facilities
under the
| ||
medical assistance program shall be prospectively established | ||
annually on the
basis of historical, financial, and statistical | ||
data reflecting actual costs
from prior years, which shall be | ||
applied to the current rate year and updated
for inflation, |
except that the capital cost element for newly constructed
| ||
facilities shall be based upon projected budgets. The annually | ||
established
payment rate shall take effect on July 1 in 1984 | ||
and subsequent years. No rate
increase and no
update for | ||
inflation shall be provided on or after July 1, 1994 and before
| ||
July 1, 2011 2010 , unless specifically provided for in this
| ||
Section.
The changes made by Public Act 93-841
extending the | ||
duration of the prohibition against a rate increase or update | ||
for inflation are effective retroactive to July 1, 2004.
| ||
For facilities licensed by the Department of Public Health | ||
under the Nursing
Home Care Act as Intermediate Care for the | ||
Developmentally Disabled facilities
or Long Term Care for Under | ||
Age 22 facilities, the rates taking effect on July
1, 1998 | ||
shall include an increase of 3%. For facilities licensed by the
| ||
Department of Public Health under the Nursing Home Care Act as | ||
Skilled Nursing
facilities or Intermediate Care facilities, | ||
the rates taking effect on July 1,
1998 shall include an | ||
increase of 3% plus $1.10 per resident-day, as defined by
the | ||
Department. For facilities licensed by the Department of Public | ||
Health under the Nursing Home Care Act as Intermediate Care | ||
Facilities for the Developmentally Disabled or Long Term Care | ||
for Under Age 22 facilities, the rates taking effect on January | ||
1, 2006 shall include an increase of 3%.
For facilities | ||
licensed by the Department of Public Health under the Nursing | ||
Home Care Act as Intermediate Care Facilities for the | ||
Developmentally Disabled or Long Term Care for Under Age 22 |
facilities, the rates taking effect on January 1, 2009 shall | ||
include an increase sufficient to provide a $0.50 per hour wage | ||
increase for non-executive staff. | ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on July 1, 1999 | ||
shall include an increase of 1.6% plus $3.00 per
resident-day, | ||
as defined by the Department. For facilities licensed by the
| ||
Department of Public Health under the Nursing Home Care Act as | ||
Skilled Nursing
facilities or Intermediate Care facilities, | ||
the rates taking effect on July 1,
1999 shall include an | ||
increase of 1.6% and, for services provided on or after
October | ||
1, 1999, shall be increased by $4.00 per resident-day, as | ||
defined by
the Department.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on July 1, 2000 | ||
shall include an increase of 2.5% per resident-day,
as defined | ||
by the Department. For facilities licensed by the Department of
| ||
Public Health under the Nursing Home Care Act as Skilled | ||
Nursing facilities or
Intermediate Care facilities, the rates | ||
taking effect on July 1, 2000 shall
include an increase of 2.5% | ||
per resident-day, as defined by the Department.
| ||
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as skilled nursing facilities | ||
or intermediate care
facilities, a new payment methodology must | ||
be implemented for the nursing
component of the rate effective | ||
July 1, 2003. The Department of Public Aid
(now Healthcare and | ||
Family Services) shall develop the new payment methodology | ||
using the Minimum Data Set
(MDS) as the instrument to collect | ||
information concerning nursing home
resident condition | ||
necessary to compute the rate. The Department
shall develop the | ||
new payment methodology to meet the unique needs of
Illinois | ||
nursing home residents while remaining subject to the | ||
appropriations
provided by the General Assembly.
A transition | ||
period from the payment methodology in effect on June 30, 2003
| ||
to the payment methodology in effect on July 1, 2003 shall be | ||
provided for a
period not exceeding 3 years and 184 days after | ||
implementation of the new payment
methodology as follows:
| ||
(A) For a facility that would receive a lower
nursing | ||
component rate per patient day under the new system than | ||
the facility
received
effective on the date immediately | ||
preceding the date that the Department
implements the new | ||
payment methodology, the nursing component rate per | ||
patient
day for the facility
shall be held at
the level in | ||
effect on the date immediately preceding the date that the
| ||
Department implements the new payment methodology until a | ||
higher nursing
component rate of
reimbursement is achieved | ||
by that
facility.
| ||
(B) For a facility that would receive a higher nursing |
component rate per
patient day under the payment | ||
methodology in effect on July 1, 2003 than the
facility | ||
received effective on the date immediately preceding the | ||
date that the
Department implements the new payment | ||
methodology, the nursing component rate
per patient day for | ||
the facility shall be adjusted.
| ||
(C) Notwithstanding paragraphs (A) and (B), the | ||
nursing component rate per
patient day for the facility | ||
shall be adjusted subject to appropriations
provided by the | ||
General Assembly.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on March 1, 2001 | ||
shall include a statewide increase of 7.85%, as
defined by the | ||
Department.
| ||
Notwithstanding any other provision of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the
Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care
facilities, the numerator of the ratio used | ||
by the Department of Healthcare and Family Services to compute | ||
the rate payable under this Section using the Minimum Data Set | ||
(MDS) methodology shall incorporate the following annual | ||
amounts as the additional funds appropriated to the Department | ||
specifically to pay for rates based on the MDS nursing | ||
component methodology in excess of the funding in effect on |
December 31, 2006: | ||
(i) For rates taking effect January 1, 2007, | ||
$60,000,000. | ||
(ii) For rates taking effect January 1, 2008, | ||
$110,000,000. | ||
(iii) For rates taking effect January 1, 2009, | ||
$194,000,000. | ||
Notwithstanding any other provision of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care facilities, the support component of the | ||
rates taking effect on January 1, 2008 shall be computed using | ||
the most recent cost reports on file with the Department of | ||
Healthcare and Family Services no later than April 1, 2005, | ||
updated for inflation to January 1, 2006. | ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on April 1, 2002 | ||
shall include a statewide increase of 2.0%, as
defined by the | ||
Department.
This increase terminates on July 1, 2002;
beginning | ||
July 1, 2002 these rates are reduced to the level of the rates
| ||
in effect on March 31, 2002, as defined by the Department.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as skilled nursing facilities | ||
or intermediate care
facilities, the rates taking effect on |
July 1, 2001 shall be computed using the most recent cost | ||
reports
on file with the Department of Public Aid no later than | ||
April 1, 2000,
updated for inflation to January 1, 2001. For | ||
rates effective July 1, 2001
only, rates shall be the greater | ||
of the rate computed for July 1, 2001
or the rate effective on | ||
June 30, 2001.
| ||
Notwithstanding any other provision of this Section, for | ||
facilities
licensed by the Department of Public Health under | ||
the Nursing Home Care Act
as skilled nursing facilities or | ||
intermediate care facilities, the Illinois
Department shall | ||
determine by rule the rates taking effect on July 1, 2002,
| ||
which shall be 5.9% less than the rates in effect on June 30, | ||
2002.
| ||
Notwithstanding any other provision of this Section, for | ||
facilities
licensed by the Department of Public Health under | ||
the Nursing Home Care Act as
skilled nursing
facilities or | ||
intermediate care facilities, if the payment methodologies | ||
required under Section 5A-12 and the waiver granted under 42 | ||
CFR 433.68 are approved by the United States Centers for | ||
Medicare and Medicaid Services, the rates taking effect on July | ||
1, 2004 shall be 3.0% greater than the rates in effect on June | ||
30, 2004. These rates shall take
effect only upon approval and
| ||
implementation of the payment methodologies required under | ||
Section 5A-12.
| ||
Notwithstanding any other provisions of this Section, for | ||
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care facilities, the rates taking effect on | ||
January 1, 2005 shall be 3% more than the rates in effect on | ||
December 31, 2004.
| ||
Notwithstanding any other provision of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care facilities, effective January 1, 2009, the | ||
per diem support component of the rates effective on January 1, | ||
2008, computed using the most recent cost reports on file with | ||
the Department of Healthcare and Family Services no later than | ||
April 1, 2005, updated for inflation to January 1, 2006, shall | ||
be increased to the amount that would have been derived using | ||
standard Department of Healthcare and Family Services methods, | ||
procedures, and inflators. | ||
Notwithstanding any other provisions of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the Nursing Home Care Act as intermediate care facilities that | ||
are federally defined as Institutions for Mental Disease, a | ||
socio-development component rate equal to 6.6% of the | ||
facility's nursing component rate as of January 1, 2006 shall | ||
be established and paid effective July 1, 2006. The | ||
socio-development component of the rate shall be increased by a | ||
factor of 2.53 on the first day of the month that begins at | ||
least 45 days after January 11, 2008 (the effective date of | ||
Public Act 95-707). As of August 1, 2008, the socio-development |
component rate shall be equal to 6.6% of the facility's nursing | ||
component rate as of January 1, 2006, multiplied by a factor of | ||
3.53. The Illinois Department may by rule adjust these | ||
socio-development component rates, but in no case may such | ||
rates be diminished.
| ||
For facilities
licensed
by the
Department of Public Health | ||
under the Nursing Home Care Act as Intermediate
Care for
the | ||
Developmentally Disabled facilities or as long-term care | ||
facilities for
residents under 22 years of age, the rates | ||
taking effect on July 1,
2003 shall
include a statewide | ||
increase of 4%, as defined by the Department.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on the first day of | ||
the month that begins at least 45 days after the effective date | ||
of this amendatory Act of the 95th General Assembly shall | ||
include a statewide increase of 2.5%, as
defined by the | ||
Department. | ||
Notwithstanding any other provision of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care facilities, effective January 1, 2005, | ||
facility rates shall be increased by the difference between (i) | ||
a facility's per diem property, liability, and malpractice | ||
insurance costs as reported in the cost report filed with the |
Department of Public Aid and used to establish rates effective | ||
July 1, 2001 and (ii) those same costs as reported in the | ||
facility's 2002 cost report. These costs shall be passed | ||
through to the facility without caps or limitations, except for | ||
adjustments required under normal auditing procedures.
| ||
Rates established effective each July 1 shall govern | ||
payment
for services rendered throughout that fiscal year, | ||
except that rates
established on July 1, 1996 shall be | ||
increased by 6.8% for services
provided on or after January 1, | ||
1997. Such rates will be based
upon the rates calculated for | ||
the year beginning July 1, 1990, and for
subsequent years | ||
thereafter until June 30, 2001 shall be based on the
facility | ||
cost reports
for the facility fiscal year ending at any point | ||
in time during the previous
calendar year, updated to the | ||
midpoint of the rate year. The cost report
shall be on file | ||
with the Department no later than April 1 of the current
rate | ||
year. Should the cost report not be on file by April 1, the | ||
Department
shall base the rate on the latest cost report filed | ||
by each skilled care
facility and intermediate care facility, | ||
updated to the midpoint of the
current rate year. In | ||
determining rates for services rendered on and after
July 1, | ||
1985, fixed time shall not be computed at less than zero. The
| ||
Department shall not make any alterations of regulations which | ||
would reduce
any component of the Medicaid rate to a level | ||
below what that component would
have been utilizing in the rate | ||
effective on July 1, 1984.
|
(2) Shall take into account the actual costs incurred by | ||
facilities
in providing services for recipients of skilled | ||
nursing and intermediate
care services under the medical | ||
assistance program.
| ||
(3) Shall take into account the medical and psycho-social
| ||
characteristics and needs of the patients.
| ||
(4) Shall take into account the actual costs incurred by | ||
facilities in
meeting licensing and certification standards | ||
imposed and prescribed by the
State of Illinois, any of its | ||
political subdivisions or municipalities and by
the U.S. | ||
Department of Health and Human Services pursuant to Title XIX | ||
of the
Social Security Act.
| ||
The Department of Healthcare and Family Services
shall | ||
develop precise standards for
payments to reimburse nursing | ||
facilities for any utilization of
appropriate rehabilitative | ||
personnel for the provision of rehabilitative
services which is | ||
authorized by federal regulations, including
reimbursement for | ||
services provided by qualified therapists or qualified
| ||
assistants, and which is in accordance with accepted | ||
professional
practices. Reimbursement also may be made for | ||
utilization of other
supportive personnel under appropriate | ||
supervision.
| ||
(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707, | ||
eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09; | ||
96-339, eff. 7-1-10; revised 10-23-09.) |
(305 ILCS 5/5-5.4d) | ||
Sec. 5-5.4d. MDS payment methodology; quarterly rate | ||
adjustments. | ||
(a) On and after July 1, 2009, and until April 1, 2011, the | ||
nursing component of the nursing facility medical assistance | ||
rate computed under the Minimum Data Set (MDS) payment | ||
methodology shall be calculated and adjusted quarterly. The | ||
Department of Healthcare and Family Services may adopt rules | ||
necessary to implement this amendatory Act of the 96th General | ||
Assembly through the use of emergency rulemaking in accordance | ||
with Section 5-45 of the Illinois Administrative Procedure Act, | ||
except that the 24-month limitation on the adoption of | ||
emergency rules under Section 5-45 and the provisions of | ||
Sections 5-115 and 5-125 of that Act do not apply to rules | ||
adopted under this Section. For purposes of that Act, the | ||
General Assembly finds that the adoption of rules to implement | ||
this amendatory Act of the 96th General Assembly is deemed an | ||
emergency and necessary for the public interest, safety, and | ||
welfare. | ||
(b) On April 1, 2011, the nursing component of the nursing | ||
facility medical assistance rate computed under the Minimum | ||
Data Set (MDS) payment methodology shall be frozen to allow the | ||
Department of Healthcare and Family Services to develop a rate | ||
methodology based on a federally mandated long term care data | ||
collection system. The rates in effect prior to and through the | ||
quarter ending March 31, 2011, shall continue to be subject to |
follow-up audits and retroactive rate adjustments pursuant to | ||
administrative rules of the Department for reviews of accuracy | ||
and resident assessment information. The reimbursement | ||
methodology for a Class I Institution for Mental Diseases shall | ||
also be frozen pending review of a federally mandated long term | ||
care data collection system. | ||
(Source: P.A. 96-743, eff. 8-25-09.) | ||
Section 5-49. The Comprehensive Lead Education, Reduction, | ||
and Window Replacement Program Act is amended by changing | ||
Section 15 as follows: | ||
(410 ILCS 43/15)
| ||
Sec. 15. Grant and loan program. | ||
(a) Subject to appropriation, the Department, in | ||
consultation with the Advisory Council, shall establish and | ||
operate the CLEAR-WIN Program in two pilot area communities | ||
selected by the Department with advice from the Advisory | ||
Council. Pilot area communities shall be selected based upon | ||
the prevalence of low-income families whose children are lead | ||
poisoned, the age of the housing stock, and other sources of | ||
funding available to the communities to address lead-based | ||
paint hazards. | ||
(b) The Department shall be responsible for administering | ||
the CLEAR-WIN grant program. The grant shall be used to correct | ||
lead-based paint hazards in residential buildings. Conditions |
for receiving a grant shall be developed by the Department | ||
based on criteria established by the Advisory Council. | ||
Criteria, including but not limited to the following program | ||
components, shall include (i) income eligibility for receipt of | ||
the grants, with priority given to low-income tenants or owners | ||
who rent to low-income tenants; (ii) properties to be covered | ||
under CLEAR-WIN; and (iii) the number of units to be covered in | ||
a property. Prior to making a grant, the Department must | ||
provide the grant recipient with a copy of the Lead Safe | ||
Housing Maintenance Standards generated by the Advisory | ||
Council. The property owner must certify that he or she has | ||
received the Standards and intends to comply with them; has | ||
provided a copy of the Standards to all tenants in the | ||
building; will continue to rent to the same tenant or other | ||
low-income tenant for a period of not less than 5 years | ||
following completion of the work; and will continue to maintain | ||
the property as lead-safe. Failure to comply with the grant | ||
conditions may result in repayment of grant funds. | ||
(c) The Advisory Council shall also consider development of | ||
a loan program to assist property owners not eligible for | ||
grants. | ||
(d) All lead-based paint hazard control work performed with | ||
these grant or loan funds shall be conducted in conformance | ||
with the Lead Poisoning Prevention Act and the Illinois Lead | ||
Poisoning Prevention Code. Before contractors are paid for | ||
repair work conducted under the CLEAR-WIN Program, each |
dwelling unit assisted must be inspected by a lead risk | ||
assessor or lead inspector licensed in Illinois, and an | ||
appropriate number of dust samples must be collected from in | ||
and around the work areas for lead analysis, with results in | ||
compliance with levels set by the Lead Poisoning Prevention Act | ||
and the Illinois Lead Poisoning Prevention Code. All costs of | ||
evaluation shall be the responsibility of the property owner | ||
who received the grant or loan, but will be provided for by the | ||
Department for grant recipients and may be included in the | ||
amount of the loan. Additional repairs and clean-up costs | ||
associated with a failed clearance test, including follow-up | ||
tests, shall be the responsibility of the contractor. | ||
(e) Within 6 months after the effective date of this Act, | ||
the Advisory Council shall recommend to the Department Lead | ||
Safe Housing Maintenance Standards for purposes of the | ||
CLEAR-WIN Program. Except for properties where all lead-based | ||
paint has been removed, the standards shall describe the | ||
responsibilities of property owners and tenants in maintaining | ||
lead-safe housing, including but not limited to, prescribing | ||
special cleaning, repair, and maintenance necessary to reduce | ||
the chance that properties will cause lead poisoning in child | ||
occupants. Recipients of CLEAR-WIN grants and loans shall be | ||
required to continue to maintain their properties in compliance | ||
with these Lead Safe Housing Maintenance Standards. Failure to | ||
maintain properties in accordance with these Standards may | ||
result in repayment of grant funds or termination of the loan.
|
(f) From funds appropriated, the Department may pay grants | ||
and reasonable administrative costs. | ||
(Source: P.A. 95-492, eff. 1-1-08.) | ||
ARTICLE 10. PENSION CONTRIBUTIONS | ||
Section 10-5. The State Finance Act is amended by changing | ||
Section 8.12 as follows:
| ||
(30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||
Sec. 8.12. State Pensions Fund.
| ||
(a) The moneys in the State Pensions Fund shall be used | ||
exclusively
for the administration of the Uniform Disposition | ||
of Unclaimed Property Act and
for the funding of the unfunded | ||
liabilities of the designated retirement systems. Payments to | ||
the designated retirement systems under this Section shall be | ||
in addition to, and not in lieu of, any State contributions | ||
required under the Illinois Pension Code.
| ||
"Designated retirement systems" means:
| ||
(1) the State Employees' Retirement System of | ||
Illinois;
| ||
(2) the Teachers' Retirement System of the State of | ||
Illinois;
| ||
(3) the State Universities Retirement System;
| ||
(4) the Judges Retirement System of Illinois; and
| ||
(5) the General Assembly Retirement System.
|
(b) Each year the General Assembly may make appropriations | ||
from
the State Pensions Fund for the administration of the | ||
Uniform Disposition of
Unclaimed Property Act.
| ||
Each month, the Commissioner of the Office of Banks and | ||
Real Estate shall
certify to the State Treasurer the actual | ||
expenditures that the Office of
Banks and Real Estate incurred | ||
conducting unclaimed property examinations under
the Uniform | ||
Disposition of Unclaimed Property Act during the immediately
| ||
preceding month. Within a reasonable
time following the | ||
acceptance of such certification by the State Treasurer, the
| ||
State Treasurer shall pay from its appropriation from the State | ||
Pensions Fund
to the Bank and Trust Company Fund and the | ||
Savings and Residential Finance
Regulatory Fund an amount equal | ||
to the expenditures incurred by each Fund for
that month.
| ||
Each month, the Director of Financial Institutions shall
| ||
certify to the State Treasurer the actual expenditures that the | ||
Department of
Financial Institutions incurred conducting | ||
unclaimed property examinations
under the Uniform Disposition | ||
of Unclaimed Property Act during the immediately
preceding | ||
month. Within a reasonable time following the acceptance of | ||
such
certification by the State Treasurer, the State Treasurer | ||
shall pay from its
appropriation from the State Pensions Fund
| ||
to the Financial Institutions Fund and the Credit Union Fund
an | ||
amount equal to the expenditures incurred by each Fund for
that | ||
month.
| ||
(c) As soon as possible after the effective date of this |
amendatory Act of the 93rd General Assembly, the General | ||
Assembly shall appropriate from the State Pensions Fund (1) to | ||
the State Universities Retirement System the amount certified | ||
under Section 15-165 during the prior year, (2) to the Judges | ||
Retirement System of Illinois the amount certified under | ||
Section 18-140 during the prior year, and (3) to the General | ||
Assembly Retirement System the amount certified under Section | ||
2-134 during the prior year as part of the required
State | ||
contributions to each of those designated retirement systems; | ||
except that amounts appropriated under this subsection (c) in | ||
State fiscal year 2005 shall not reduce the amount in the State | ||
Pensions Fund below $5,000,000. If the amount in the State | ||
Pensions Fund does not exceed the sum of the amounts certified | ||
in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, | ||
the amount paid to each designated retirement system under this | ||
subsection shall be reduced in proportion to the amount | ||
certified by each of those designated retirement systems.
| ||
(c-5) For fiscal years 2006, 2007, 2008, 2009, and 2010 , | ||
and 2011 the General Assembly shall appropriate from the State | ||
Pensions Fund to the State Universities Retirement System the | ||
amount estimated to be available during the fiscal year in the | ||
State Pensions Fund; provided, however, that the amounts | ||
appropriated under this subsection (c-5) shall not reduce the | ||
amount in the State Pensions Fund below $5,000,000.
| ||
(c-6) For fiscal year 2012 2011 and each fiscal year | ||
thereafter, as soon as may be practical after any money is |
deposited into the State Pensions Fund from the Unclaimed | ||
Property Trust Fund, the State Treasurer shall apportion the | ||
deposited amount among the designated retirement systems as | ||
defined in subsection (a) to reduce their actuarial reserve | ||
deficiencies. The State Comptroller and State Treasurer shall | ||
pay the apportioned amounts to the designated retirement | ||
systems to fund the unfunded liabilities of the designated | ||
retirement systems. The amount apportioned to each designated | ||
retirement system shall constitute a portion of the amount | ||
estimated to be available for appropriation from the State | ||
Pensions Fund that is the same as that retirement system's | ||
portion of the total actual reserve deficiency of the systems, | ||
as determined annually by the Governor's Office of Management | ||
and Budget at the request of the State Treasurer. The amounts | ||
apportioned under this subsection shall not reduce the amount | ||
in the State Pensions Fund below $5,000,000. | ||
(d) The
Governor's Office of Management and Budget shall | ||
determine the individual and total
reserve deficiencies of the | ||
designated retirement systems. For this purpose,
the
| ||
Governor's Office of Management and Budget shall utilize the | ||
latest available audit and actuarial
reports of each of the | ||
retirement systems and the relevant reports and
statistics of | ||
the Public Employee Pension Fund Division of the Department of
| ||
Insurance.
| ||
(d-1) As soon as practicable after the effective date of | ||
this
amendatory Act of the 93rd General Assembly, the |
Comptroller shall
direct and the Treasurer shall transfer from | ||
the State Pensions Fund to
the General Revenue Fund, as funds | ||
become available, a sum equal to the
amounts that would have | ||
been paid
from the State Pensions Fund to the Teachers' | ||
Retirement System of the State
of Illinois,
the State | ||
Universities Retirement System, the Judges Retirement
System | ||
of Illinois, the
General Assembly Retirement System, and the | ||
State Employees'
Retirement System
of Illinois
after the | ||
effective date of this
amendatory Act during the remainder of | ||
fiscal year 2004 to the
designated retirement systems from the | ||
appropriations provided for in
this Section if the transfers | ||
provided in Section 6z-61 had not
occurred. The transfers | ||
described in this subsection (d-1) are to
partially repay the | ||
General Revenue Fund for the costs associated with
the bonds | ||
used to fund the moneys transferred to the designated
| ||
retirement systems under Section 6z-61.
| ||
(e) The changes to this Section made by this amendatory Act | ||
of 1994 shall
first apply to distributions from the Fund for | ||
State fiscal year 1996.
| ||
(Source: P.A. 94-91, eff. 7-1-05; 95-950, eff. 8-29-08.)
| ||
Section 10-10. The State Pension Funds Continuing | ||
Appropriation Act is amended by changing Section 1 as follows:
| ||
(40 ILCS 15/1)
| ||
Sec. 1. Appropriations from State Pensions Fund. |
(a) For the purpose of making
up any deficiency in the | ||
appropriations to the designated retirement systems
that are | ||
required to be made under Section 8.12 of the State Finance | ||
Act, there
is hereby appropriated, on a continuing annual basis | ||
in each fiscal year, from
the State Pensions Fund to each | ||
designated retirement system, the amount, if
any, by which the | ||
total appropriation to that system from the State Pensions
Fund | ||
for that fiscal year is less than the amount required to be | ||
appropriated
to that retirement system under Section 8.12 of | ||
the State Finance Act.
| ||
The annual appropriation under this Section to each | ||
designated retirement
system shall take effect on July 1 for | ||
the State fiscal year beginning on that
date.
| ||
The amount of any continuing appropriation used by a | ||
retirement system
under this Section for a given fiscal year | ||
shall be charged against the
unexpended amount of any | ||
appropriation to that retirement system for
that fiscal year | ||
under Section 8.12 of the State Finance Act that subsequently
| ||
becomes available, subject to Section 8.3 of the State Finance | ||
Act.
| ||
"Designated retirement systems" means the State Employees' | ||
Retirement
System of Illinois, the Teachers' Retirement System | ||
of the State of
Illinois, the State Universities Retirement | ||
System, the Judges Retirement
System of Illinois, and the | ||
General Assembly Retirement System.
| ||
The appropriations made in this Section are appropriated to |
the designated
retirement systems for the funding of the | ||
unfunded liabilities of the designated retirement systems and | ||
are in addition to, and not in lieu of, any State contributions | ||
required under the Illinois Pension Code.
| ||
(b) For State fiscal year 2011 only, a continuing | ||
appropriation is provided to the State Universities' | ||
Retirement System that shall not exceed the amount certified by | ||
the System on or before December 31, 2009; however, the | ||
continuing appropriation shall not reduce the amount in the | ||
State Pensions Fund below $5,000,000. | ||
(Source: P.A. 95-950, eff. 8-29-08.)
| ||
ARTICLE 95. SEVERABILITY | ||
Section 95-95. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
ARTICLE 99. EFFECTIVE DATE
| ||
Section 99-99. Effective date. This Act takes effect July | ||
1, 2010.
|