100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2217

 

Introduced 6/15/2017, by Sen. William E. Brady

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the FY2017 and FY2018 Budget Implementation Act. Amends various Acts to make the changes in State programs necessary to implement the FY2017 and FY2018 budgets. Provides that certain provisions in Article 55 are dependent on the enactment of Senate Bill 9. Effective immediately.


LRB100 13147 JWD 27539 b

 

 

A BILL FOR

 

SB2217LRB100 13147 JWD 27539 b

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

 
5    Section 1-1. Short title. This Act may be cited as the
6FY2017 and FY2018 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9budget for Fiscal Years 2017 and 2018.
 
10
ARTICLE 5. AMENDATORY PROVISIONS

 
11    Section 5-2. The State Budget Law of the Civil
12Administrative Code of Illinois is amended by adding Section
1350-40 as follows:
 
14    (15 ILCS 20/50-40 new)
15    Sec. 50-40. General funds defined. "General funds" or
16"State general funds" means the General Revenue Fund, the
17Common School Fund, the General Revenue Common School Special
18Account Fund, the Education Assistance Fund, the Fund for the
19Advancement of Education, the Commitment to Human Services

 

 

SB2217- 2 -LRB100 13147 JWD 27539 b

1Fund, and the Budget Stabilization Fund.
 
2    Section 5-3. The Renewable Energy, Energy Efficiency, and
3Coal Resources Development Law of 1997 is amended by changing
4Section 6-5 as follows:
 
5    (20 ILCS 687/6-5)
6    (Section scheduled to be repealed on December 31, 2020)
7    Sec. 6-5. Infrastructure Development Renewable Energy
8Resources and Coal Technology Development Assistance Charge.
9    (a) Notwithstanding the provisions of Section 16-111 of the
10Public Utilities Act but subject to subsection (e) of this
11Section, each public utility, electric cooperative, as defined
12in Section 3.4 of the Electric Supplier Act, and municipal
13utility, as referenced in Section 3-105 of the Public Utilities
14Act, that is engaged in the delivery of electricity or the
15distribution of natural gas within the State of Illinois shall,
16effective January 1, 1998, assess each of its customer accounts
17a monthly Infrastructure Development Renewable Energy
18Resources and Coal Technology Development Assistance Charge.
19The delivering public utility, municipal electric or gas
20utility, or electric or gas cooperative for a self-assessing
21purchaser remains subject to the collection of the fee imposed
22by this Section. The monthly charge shall be as follows:
23        (1) $0.05 per month on each account for residential
24    electric service as defined in Section 13 of the Energy

 

 

SB2217- 3 -LRB100 13147 JWD 27539 b

1    Assistance Act;
2        (2) $0.05 per month on each account for residential gas
3    service as defined in Section 13 of the Energy Assistance
4    Act;
5        (3) $0.50 per month on each account for nonresidential
6    electric service, as defined in Section 13 of the Energy
7    Assistance Act, which had less than 10 megawatts of peak
8    demand during the previous calendar year;
9        (4) $0.50 per month on each account for nonresidential
10    gas service, as defined in Section 13 of the Energy
11    Assistance Act, which had distributed to it less than
12    4,000,000 therms of gas during the previous calendar year;
13        (5) $37.50 per month on each account for nonresidential
14    electric service, as defined in Section 13 of the Energy
15    Assistance Act, which had 10 megawatts or greater of peak
16    demand during the previous calendar year; and
17        (6) $37.50 per month on each account for nonresidential
18    gas service, as defined in Section 13 of the Energy
19    Assistance Act, which had 4,000,000 or more therms of gas
20    distributed to it during the previous calendar year.
21    (b) The Infrastructure Development Renewable Energy
22Resources and Coal Technology Development Assistance Charge
23assessed by electric and gas public utilities shall be
24considered a charge for public utility service.
25    (c) Fifty percent of the moneys collected pursuant to this
26Section shall be deposited in the Lead Poisoning Screening,

 

 

SB2217- 4 -LRB100 13147 JWD 27539 b

1Prevention, and Abatement Renewable Energy Resources Trust
2Fund by the Department of Revenue. The remaining 50 percent of
3the moneys collected pursuant to this Section shall be
4deposited in the Coal Technology Development Assistance Fund by
5the Department of Revenue for the exclusive purposes of (1)
6capturing or sequestering carbon emissions produced by coal
7combustion; (2) supporting research on the capture and
8sequestration of carbon emissions produced by coal combustion;
9and (3) improving coal miner safety.
10    (d) By the 20th day of the month following the month in
11which the charges imposed by this Section were collected, each
12utility and alternative retail electric supplier collecting
13charges pursuant to this Section shall remit to the Department
14of Revenue for deposit in the Lead Poisoning Screening,
15Prevention, and Abatement Renewable Energy Resources Trust
16Fund and the Coal Technology Development Assistance Fund all
17moneys received as payment of the charge provided for in this
18Section on a return prescribed and furnished by the Department
19of Revenue showing such information as the Department of
20Revenue may reasonably require.
21    (e) The charges imposed by this Section shall only apply to
22customers of municipal electric or gas utilities and electric
23or gas cooperatives if the municipal electric or gas utility or
24electric or gas cooperative makes an affirmative decision to
25impose the charge. If a municipal electric or gas utility or an
26electric or gas cooperative makes an affirmative decision to

 

 

SB2217- 5 -LRB100 13147 JWD 27539 b

1impose the charge provided by this Section, the municipal
2electric or gas utility or electric or gas cooperative shall
3inform the Department of Revenue in writing of such decision
4when it begins to impose the charge. If a municipal electric or
5gas utility or electric or gas cooperative does not assess this
6charge, its customers shall not be eligible for the Renewable
7Energy Resources Program.
8    (f) The Department of Revenue may establish such rules as
9it deems necessary to implement this Section.
10(Source: P.A. 95-481, eff. 8-28-07.)
 
11    Section 5-5. The Military Code of Illinois is amended by
12changing Section 22-3 as follows:
 
13    (20 ILCS 1805/22-3)  (from Ch. 129, par. 220.22-3)
14    Sec. 22-3. All monies received from the sale of Illinois
15National Guard facilities and lands pursuant to authority
16contained in Section 22-2, all monies received from the
17transfer or exchange of any realty under the control of the
18Department pursuant to authority contained in Section 22-5, and
19all funds received from the Federal government under terms of
20the Federal Master Cooperative Agreement related to
21constructing and maintaining real property between the
22Department of Military Affairs and the United States Property
23and Fiscal Officer for Illinois shall be paid into the State
24Treasury without delay and shall be deposited covered into a

 

 

SB2217- 6 -LRB100 13147 JWD 27539 b

1special fund to be known as the Illinois National Guard
2Construction Fund. The monies in this fund shall be used
3exclusively by the Adjutant General for the purpose of
4acquiring building sites, and constructing new facilities,
5rehabilitating existing facilities, and making other capital
6improvements. The provisions directing the distributions from
7the Illinois National Guard Construction Fund provided for in
8this Section shall constitute an irrevocable and continuing
9appropriation of all amounts as provided herein. The State
10Treasurer and State Comptroller are hereby authorized and
11directed to make distributions as provided in this Section.
12Expenditures from this fund shall be subject to appropriation
13by the General Assembly and written release by the Governor.
14(Source: P.A. 97-764, eff. 7-6-12.)
 
15    (20 ILCS 1805/22-6 rep.)
16    Section 5-10. The Military Code of Illinois is amended by
17repealing Section 22-6.
 
18    Section 5-12. The Balanced Budget Note Act is amended by
19changing Section 5 as follows:
 
20    (25 ILCS 80/5)  (from Ch. 63, par. 42.93-5)
21    Sec. 5. Supplemental Appropriation Bill Defined. For
22purposes of this Act, "supplemental appropriation bill" means
23any appropriation bill that is (a) introduced or amended

 

 

SB2217- 7 -LRB100 13147 JWD 27539 b

1(including any changes to legislation by means of the
2submission of a conference committee report) on or after July 1
3of a fiscal year and (b) proposes (as introduced or as amended
4as the case may be) to authorize, increase, decrease, or
5reallocate any general funds appropriation for that same fiscal
6year. For purposes of this Section, "general funds" has the
7meaning provided in Section 50-40 of the State Budget Law. The
8general funds consist of the General Revenue Fund, the Common
9School Fund, the General Revenue Common School Special Account
10Fund, and the Education Assistance Fund.
11(Source: P.A. 87-688.)
 
12    Section 5-13. The General Assembly Compensation Act is
13amended by changing Section 1 as follows:
 
14    (25 ILCS 115/1)  (from Ch. 63, par. 14)
15    Sec. 1. Each member of the General Assembly shall receive
16an annual salary of $28,000 or as set by the Compensation
17Review Board, whichever is greater. The following named
18officers, committee chairmen and committee minority spokesmen
19shall receive additional amounts per year for their services as
20such officers, committee chairmen and committee minority
21spokesmen respectively, as set by the Compensation Review Board
22or, as follows, whichever is greater: Beginning the second
23Wednesday in January 1989, the Speaker and the minority leader
24of the House of Representatives and the President and the

 

 

SB2217- 8 -LRB100 13147 JWD 27539 b

1minority leader of the Senate, $16,000 each; the majority
2leader in the House of Representatives $13,500; 6 assistant
3majority leaders and 5 assistant minority leaders in the
4Senate, $12,000 each; 6 assistant majority leaders and 6
5assistant minority leaders in the House of Representatives,
6$10,500 each; 2 Deputy Majority leaders in the House of
7Representatives $11,500 each; and 2 Deputy Minority leaders in
8the House of Representatives, $11,500 each; the majority caucus
9chairman and minority caucus chairman in the Senate, $12,000
10each; and beginning the second Wednesday in January, 1989, the
11majority conference chairman and the minority conference
12chairman in the House of Representatives, $10,500 each;
13beginning the second Wednesday in January, 1989, the chairman
14and minority spokesman of each standing committee of the
15Senate, except the Rules Committee, the Committee on
16Committees, and the Committee on Assignment of Bills, $6,000
17each; and beginning the second Wednesday in January, 1989, the
18chairman and minority spokesman of each standing and select
19committee of the House of Representatives, $6,000 each. A
20member who serves in more than one position as an officer,
21committee chairman, or committee minority spokesman shall
22receive only one additional amount based on the position paying
23the highest additional amount. The compensation provided for in
24this Section to be paid per year to members of the General
25Assembly, including the additional sums payable per year to
26officers of the General Assembly shall be paid in 12 equal

 

 

SB2217- 9 -LRB100 13147 JWD 27539 b

1monthly installments. The first such installment is payable on
2January 31, 1977. All subsequent equal monthly installments are
3payable on the last working day of the month. A member who has
4held office any part of a month is entitled to compensation for
5an entire month.
6    Mileage shall be paid at the rate of 20 cents per mile
7before January 9, 1985, and at the mileage allowance rate in
8effect under regulations promulgated pursuant to 5 U.S.C.
95707(b)(2) beginning January 9, 1985, for the number of actual
10highway miles necessarily and conveniently traveled by the most
11feasible route to be present upon convening of the sessions of
12the General Assembly by such member in each and every trip
13during each session in going to and returning from the seat of
14government, to be computed by the Comptroller. A member
15traveling by public transportation for such purposes, however,
16shall be paid his actual cost of that transportation instead of
17on the mileage rate if his cost of public transportation
18exceeds the amount to which he would be entitled on a mileage
19basis. No member may be paid, whether on a mileage basis or for
20actual costs of public transportation, for more than one such
21trip for each week the General Assembly is actually in session.
22Each member shall also receive an allowance of $36 per day for
23lodging and meals while in attendance at sessions of the
24General Assembly before January 9, 1985; beginning January 9,
251985, such food and lodging allowance shall be equal to the
26amount per day permitted to be deducted for such expenses under

 

 

SB2217- 10 -LRB100 13147 JWD 27539 b

1the Internal Revenue Code; however, beginning May 31, 1995, no
2allowance for food and lodging while in attendance at sessions
3is authorized for periods of time after the last day in May of
4each calendar year, except (i) if the General Assembly is
5convened in special session by either the Governor or the
6presiding officers of both houses, as provided by subsection
7(b) of Section 5 of Article IV of the Illinois Constitution or
8(ii) if the General Assembly is convened to consider bills
9vetoed, item vetoed, reduced, or returned with specific
10recommendations for change by the Governor as provided in
11Section 9 of Article IV of the Illinois Constitution. For
12fiscal year 2011 and for session days in fiscal years 2012,
132013, 2014, 2015, 2016, and 2017, and 2018 only (i) the
14allowance for lodging and meals is $111 per day and (ii)
15mileage for automobile travel shall be reimbursed at a rate of
16$0.39 per mile.
17    Notwithstanding any other provision of law to the contrary,
18beginning in fiscal year 2012, travel reimbursement for General
19Assembly members on non-session days shall be calculated using
20the guidelines set forth by the Legislative Travel Control
21Board, except that fiscal year 2012, 2013, 2014, 2015, 2016,
22and 2017, and 2018 mileage reimbursement is set at a rate of
23$0.39 per mile.
24    If a member dies having received only a portion of the
25amount payable as compensation, the unpaid balance shall be
26paid to the surviving spouse of such member, or, if there be

 

 

SB2217- 11 -LRB100 13147 JWD 27539 b

1none, to the estate of such member.
2(Source: P.A. 98-30, eff. 6-24-13; 98-682, eff. 6-30-14;
399-355, eff. 8-13-15; 99-523, eff. 6-30-16.)
 
4    Section 5-14. The Compensation Review Act is amended by
5adding Section 6.5 as follows:
 
6    (25 ILCS 120/6.5 new)
7    Sec. 6.5. FY18 COLAs prohibited. Notwithstanding any
8former or current provision of this Act, any other law, any
9report of the Compensation Review Board, or any resolution of
10the General Assembly to the contrary, members of the General
11Assembly, State's attorneys, other than the county supplement,
12elected executive branch constitutional officers of State
13government, and persons in certain appointed offices of State
14government, including the membership of State departments,
15agencies, boards, and commissions, whose annual compensation
16previously was recommended or determined by the Compensation
17Review Board, are prohibited from receiving and shall not
18receive any increase in compensation that would otherwise apply
19based on a cost of living adjustment, as authorized by Senate
20Joint Resolution 192 of the 86th General Assembly, for or
21during the fiscal year beginning July 1, 2017.
 
22    Section 5-15. The State Finance Act is amended by changing
23Sections 5.857, 6t, 6z-30, 6z-32, 6z-45, 6z-51, 6z-52, 6z-100,

 

 

SB2217- 12 -LRB100 13147 JWD 27539 b

18.3, 8.11, 8.25e, 8g, 8g-1, 13.2, and 25 and by adding Sections
28.52, 50, and 51 as follows:
 
3    (30 ILCS 105/5.857)
4    (Section scheduled to be repealed on July 1, 2017)
5    Sec. 5.857. The Capital Development Board Revolving Fund.
6This Section is repealed July 1, 2018 2017.
7(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15;
899-523, eff. 6-30-16.)
 
9    (30 ILCS 105/6t)  (from Ch. 127, par. 142t)
10    Sec. 6t. The Capital Development Board Contributory Trust
11Fund is created and there shall be paid into the Capital
12Development Board Contributory Trust Fund the monies
13contributed by and received from Public Community College
14Districts, Elementary, Secondary, and Unit School Districts,
15and Vocational Education Facilities, provided, however, no
16monies shall be required from a participating Public Community
17College District, Elementary, Secondary, or Unit School
18District, or Vocational Education Facility more than 30 days
19prior to anticipated need under the particular contract for the
20Public Community College District, Elementary, Secondary, or
21Unit School District, or Vocational Education Facility. No
22monies in any fund in the State Treasury, nor any funds under
23the control or beneficial control of any state agency,
24university, college, department, commission, board or any

 

 

SB2217- 13 -LRB100 13147 JWD 27539 b

1other unit of state government shall be deposited, paid into,
2or by any other means caused to be placed into the Capital
3Development Board Contributory Trust Fund, except for federal
4funds, bid bond forfeitures, and insurance proceeds as provided
5for below.
6    Except as provided in Section 22-3 of the Military Code of
7Illinois, there There shall be paid into the Capital
8Development Board Contributory Trust Fund all federal funds to
9be utilized for the construction of capital projects under the
10jurisdiction of the Capital Development Board, and all proceeds
11resulting from such federal funds. All such funds shall be
12remitted to the Capital Development Board within 10 working
13days of their receipt by the receiving authority.
14    There shall also be paid into this Fund all monies
15designated as gifts, donations or charitable contributions
16which may be contributed by an individual or entity, whether
17public or private, for a specific capital improvement project.
18    There shall also be paid into this Fund all proceeds from
19bid bond forfeitures in connection with any project formally
20bid and awarded by the Capital Development Board.
21    There shall also be paid into this Fund all builders risk
22insurance policy proceeds and all other funds recovered from
23contractors, sureties, architects, material suppliers or other
24persons contracting with the Capital Development Board for
25capital improvement projects which are received by way of
26reimbursement for losses resulting from destruction of or

 

 

SB2217- 14 -LRB100 13147 JWD 27539 b

1damage to capital improvement projects while under
2construction by the Capital Development Board or received by
3way of settlement agreement or court order.
4    The monies in the Capital Development Board Contributory
5Trust Fund shall be expended only for actual contracts let, and
6then only for the specific project for which funds were
7received in accordance with the judgment of the Capital
8Development Board, compatible with the duties and obligations
9of the Capital Development Board in furtherance of the specific
10capital improvement for which such funds were received.
11Contributions, insured-loss reimbursements or other funds
12received as damages through settlement or judgement for damage,
13destruction or loss of capital improvement projects shall be
14expended for the repair of such projects; or if the projects
15have been or are being repaired before receipt of the funds,
16the funds may be used to repair other such capital improvement
17projects. Any funds not expended for a project within 36 months
18after the date received shall be paid into the General
19Obligation Bond Retirement and Interest Fund.
20    Contributions or insured-loss reimbursements not expended
21in furtherance of the project for which they were received
22within 36 months of the date received, shall be returned to the
23contributing party. Proceeds from builders risk insurance
24shall be expended only for the amelioration of damage arising
25from the incident for which the proceeds were paid to the State
26or the Capital Development Board Contributory Trust Fund. Any

 

 

SB2217- 15 -LRB100 13147 JWD 27539 b

1residual amounts remaining after the completion of such
2repairs, renovation, reconstruction or other work necessary to
3restore the capital improvement project to acceptable
4condition shall be returned to the proper fund or entity
5financing or contributing towards the cost of the capital
6improvement project. Such returns shall be made in amounts
7proportionate to the contributions made in furtherance of the
8project.
9    Any monies received as a gift, donation or charitable
10contribution for a specific capital improvement which have not
11been expended in furtherance of that project shall be returned
12to the contributing party after completion of the project or if
13the legislature fails to authorize the capital improvement.
14    Except as provided in Section 22-3 of the Military Code of
15Illinois, the The unused portion of any federal funds received
16for a capital improvement project which are not contributed,
17upon its completion, towards the cost of the project, shall
18remain in the Capital Development Board Contributory Trust Fund
19and shall be used for capital projects and for no other
20purpose, subject to appropriation and as directed by the
21Capital Development Board.
22(Source: P.A. 97-792, eff. 1-1-13.)
 
23    (30 ILCS 105/6z-30)
24    Sec. 6z-30. University of Illinois Hospital Services Fund.
25    (a) The University of Illinois Hospital Services Fund is

 

 

SB2217- 16 -LRB100 13147 JWD 27539 b

1created as a special fund in the State Treasury. The following
2moneys shall be deposited into the Fund:
3        (1) As soon as possible after the beginning of fiscal
4    year 2010, and in no event later than July 30, the State
5    Comptroller and the State Treasurer shall automatically
6    transfer $30,000,000 from the General Revenue Fund to the
7    University of Illinois Hospital Services Fund.
8        (1.5) Starting in fiscal year 2011 and continuing
9    through fiscal year 2017, as soon as possible after the
10    beginning of each fiscal year, and in no event later than
11    July 30, the State Comptroller and the State Treasurer
12    shall automatically transfer $45,000,000 from the General
13    Revenue Fund to the University of Illinois Hospital
14    Services Fund; except that, in fiscal year 2012 only, the
15    State Comptroller and the State Treasurer shall transfer
16    $90,000,000 from the General Revenue Fund to the University
17    of Illinois Hospital Services Fund under this paragraph,
18    and, in fiscal year 2013 only, the State Comptroller and
19    the State Treasurer shall transfer no amounts from the
20    General Revenue Fund to the University of Illinois Hospital
21    Services Fund under this paragraph.
22        (1.7) Starting in fiscal year 2018, at the direction of
23    and upon notification from the Director of Healthcare and
24    Family Services, the State Comptroller shall direct and the
25    State Treasurer shall transfer amounts not exceeding a
26    total of $45,000,000 from the General Revenue Fund to the

 

 

SB2217- 17 -LRB100 13147 JWD 27539 b

1    University of Illinois Hospital Services Fund in each
2    fiscal year.
3        (2) All intergovernmental transfer payments to the
4    Department of Healthcare and Family Services by the
5    University of Illinois made pursuant to an
6    intergovernmental agreement under subsection (b) or (c) of
7    Section 5A-3 of the Illinois Public Aid Code.
8        (3) All federal matching funds received by the
9    Department of Healthcare and Family Services (formerly
10    Illinois Department of Public Aid) as a result of
11    expenditures made by the Department that are attributable
12    to moneys that were deposited in the Fund.
13        (4) All other moneys received for the Fund from any
14    other source, including interest earned thereon.
15    (b) Moneys in the fund may be used by the Department of
16Healthcare and Family Services, subject to appropriation and to
17an interagency agreement between that Department and the Board
18of Trustees of the University of Illinois, to reimburse the
19University of Illinois Hospital for hospital and pharmacy
20services, to reimburse practitioners who are employed by the
21University of Illinois, to reimburse other health care
22facilities and health plans operated by the University of
23Illinois, and to pass through to the University of Illinois
24federal financial participation earned by the State as a result
25of expenditures made by the University of Illinois.
26    (c) (Blank).

 

 

SB2217- 18 -LRB100 13147 JWD 27539 b

1(Source: P.A. 97-732, eff. 6-30-12; 98-651, eff. 6-16-14.)
 
2    (30 ILCS 105/6z-32)
3    Sec. 6z-32. Partners for Planning and Conservation.
4    (a) The Partners for Conservation Fund (formerly known as
5the Conservation 2000 Fund) and the Partners for Conservation
6Projects Fund (formerly known as the Conservation 2000 Projects
7Fund) are created as special funds in the State Treasury. These
8funds shall be used to establish a comprehensive program to
9protect Illinois' natural resources through cooperative
10partnerships between State government and public and private
11landowners. Moneys in these Funds may be used, subject to
12appropriation, by the Department of Natural Resources,
13Environmental Protection Agency, and the Department of
14Agriculture for purposes relating to natural resource
15protection, planning, recreation, tourism, and compatible
16agricultural and economic development activities. Without
17limiting these general purposes, moneys in these Funds may be
18used, subject to appropriation, for the following specific
19purposes:
20        (1) To foster sustainable agriculture practices and
21    control soil erosion and sedimentation, including grants
22    to Soil and Water Conservation Districts for conservation
23    practice cost-share grants and for personnel, educational,
24    and administrative expenses.
25        (2) To establish and protect a system of ecosystems in

 

 

SB2217- 19 -LRB100 13147 JWD 27539 b

1    public and private ownership through conservation
2    easements, incentives to public and private landowners,
3    natural resource restoration and preservation, water
4    quality protection and improvement, land use and watershed
5    planning, technical assistance and grants, and land
6    acquisition provided these mechanisms are all voluntary on
7    the part of the landowner and do not involve the use of
8    eminent domain.
9        (3) To develop a systematic and long-term program to
10    effectively measure and monitor natural resources and
11    ecological conditions through investments in technology
12    and involvement of scientific experts.
13        (4) To initiate strategies to enhance, use, and
14    maintain Illinois' inland lakes through education,
15    technical assistance, research, and financial incentives.
16        (5) To partner with private landowners and with units
17    of State, federal, and local government and with
18    not-for-profit organizations in order to integrate State
19    and federal programs with Illinois' natural resource
20    protection and restoration efforts and to meet
21    requirements to obtain federal and other funds for
22    conservation or protection of natural resources.
23    (b) The State Comptroller and State Treasurer shall
24automatically transfer on the last day of each month, beginning
25on September 30, 1995 and ending on June 30, 2021, from the
26General Revenue Fund to the Partners for Conservation Fund, an

 

 

SB2217- 20 -LRB100 13147 JWD 27539 b

1amount equal to 1/10 of the amount set forth below in fiscal
2year 1996 and an amount equal to 1/12 of the amount set forth
3below in each of the other specified fiscal years:
4Fiscal Year Amount
51996$ 3,500,000
61997$ 9,000,000
71998$10,000,000
81999$11,000,000
92000$12,500,000
102001 through 2004$14,000,000
112005 $7,000,000
122006 $11,000,000
132007 $0
142008 through 2011........................ $14,000,000
152012 $12,200,000
162013 through 2017 2021.................... $14,000,000
172018 $1,500,000
182019 through 2021 $14,000,000
19    (c) Notwithstanding any other provision of law to the
20contrary and in addition to any other transfers that may be
21provided for by law, on the last day of each month beginning on
22July 31, 2006 and ending on June 30, 2007, or as soon
23thereafter as may be practical, the State Comptroller shall
24direct and the State Treasurer shall transfer $1,000,000 from
25the Open Space Lands Acquisition and Development Fund to the
26Conservation 2000 Fund.

 

 

SB2217- 21 -LRB100 13147 JWD 27539 b

1    (d) There shall be deposited into the Partners for
2Conservation Projects Fund such bond proceeds and other moneys
3as may, from time to time, be provided by law.
4(Source: P.A. 97-641, eff. 12-19-11.)
 
5    (30 ILCS 105/6z-45)
6    Sec. 6z-45. The School Infrastructure Fund.
7    (a) The School Infrastructure Fund is created as a special
8fund in the State Treasury.
9    In addition to any other deposits authorized by law,
10beginning January 1, 2000, on the first day of each month, or
11as soon thereafter as may be practical, the State Treasurer and
12State Comptroller shall transfer the sum of $5,000,000 from the
13General Revenue Fund to the School Infrastructure Fund, except
14that, notwithstanding any other provision of law, and in
15addition to any other transfers that may be provided for by
16law, before June 30, 2012, the Comptroller and the Treasurer
17shall transfer $45,000,000 from the General Revenue Fund into
18the School Infrastructure Fund, and, for fiscal year 2013 only,
19the Treasurer and the Comptroller shall transfer $1,250,000
20from the General Revenue Fund to the School Infrastructure Fund
21on the first day of each month; provided, however, that no such
22transfers shall be made from July 1, 2001 through June 30,
232003.
24    (a-5) Money in the School Infrastructure Fund may be used
25to pay the expenses of the State Board of Education, the

 

 

SB2217- 22 -LRB100 13147 JWD 27539 b

1Governor's Office of Management and Budget, and the Capital
2Development Board in administering programs under the School
3Construction Law, the total expenses not to exceed $1,315,000
4in any fiscal year.
5    (b) Subject to the transfer provisions set forth below,
6money in the School Infrastructure Fund shall, if and when the
7State of Illinois incurs any bonded indebtedness for the
8construction of school improvements under subsection (e) of
9Section 5 of the General Obligation Bond Act the School
10Construction Law, be set aside and used for the purpose of
11paying and discharging annually the principal and interest on
12that bonded indebtedness then due and payable, and for no other
13purpose.
14    In addition to other transfers to the General Obligation
15Bond Retirement and Interest Fund made pursuant to Section 15
16of the General Obligation Bond Act, upon each delivery of bonds
17issued for construction of school improvements under the School
18Construction Law, the State Comptroller shall compute and
19certify to the State Treasurer the total amount of principal
20of, interest on, and premium, if any, on such bonds during the
21then current and each succeeding fiscal year. With respect to
22the interest payable on variable rate bonds, such
23certifications shall be calculated at the maximum rate of
24interest that may be payable during the fiscal year, after
25taking into account any credits permitted in the related
26indenture or other instrument against the amount of such

 

 

SB2217- 23 -LRB100 13147 JWD 27539 b

1interest required to be appropriated for that period.
2    On or before the last day of each month, the State
3Treasurer and State Comptroller shall transfer from the School
4Infrastructure Fund to the General Obligation Bond Retirement
5and Interest Fund an amount sufficient to pay the aggregate of
6the principal of, interest on, and premium, if any, on the
7bonds payable on their next payment date, divided by the number
8of monthly transfers occurring between the last previous
9payment date (or the delivery date if no payment date has yet
10occurred) and the next succeeding payment date. Interest
11payable on variable rate bonds shall be calculated at the
12maximum rate of interest that may be payable for the relevant
13period, after taking into account any credits permitted in the
14related indenture or other instrument against the amount of
15such interest required to be appropriated for that period.
16Interest for which moneys have already been deposited into the
17capitalized interest account within the General Obligation
18Bond Retirement and Interest Fund shall not be included in the
19calculation of the amounts to be transferred under this
20subsection. Beginning July 1, 2017 through June 30, 2020, no
21transfers shall be required under this subsection (b) from the
22School Infrastructure Fund to the General Obligation Bond
23Retirement and Interest Fund.
24    (b-5) The money deposited into the School Infrastructure
25Fund from transfers pursuant to subsections (c-30) and (c-35)
26of Section 13 of the Riverboat Gambling Act shall be applied,

 

 

SB2217- 24 -LRB100 13147 JWD 27539 b

1without further direction, as provided in subsection (b-3) of
2Section 5-35 of the School Construction Law.
3    (c) The surplus, if any, in the School Infrastructure Fund
4after payments made pursuant to subsections (a-5), (b), and
5(b-5) of this Section shall, subject to appropriation, be used
6as follows:
7    First - to make 3 payments to the School Technology
8Revolving Loan Fund as follows:
9        Transfer of $30,000,000 in fiscal year 1999;
10        Transfer of $20,000,000 in fiscal year 2000; and
11        Transfer of $10,000,000 in fiscal year 2001.
12    Second - to pay the expenses of the State Board of
13Education and the Capital Development Board in administering
14programs under the School Construction Law, the total expenses
15not to exceed $1,200,000 in any fiscal year.
16    Second Third - to pay any amounts due for grants for school
17construction projects and debt service under the School
18Construction Law.
19    Third Fourth - to pay any amounts due for grants for school
20maintenance projects under the School Construction Law.
21(Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
 
22    (30 ILCS 105/6z-51)
23    Sec. 6z-51. Budget Stabilization Fund.
24    (a) The Budget Stabilization Fund, a special fund in the
25State Treasury, shall consist of moneys appropriated or

 

 

SB2217- 25 -LRB100 13147 JWD 27539 b

1transferred to that Fund, as provided in Section 6z-43 and as
2otherwise provided by law. All earnings on Budget Stabilization
3Fund investments shall be deposited into that Fund.
4    (b) The State Comptroller may direct the State Treasurer to
5transfer moneys from the Budget Stabilization Fund to the
6General Revenue Fund in order to meet cash flow deficits
7resulting from timing variations between disbursements and the
8receipt of funds within a fiscal year. Any moneys so borrowed
9in any fiscal year other than Fiscal Year 2011 shall be repaid
10by June 30 of the fiscal year in which they were borrowed. Any
11moneys so borrowed in Fiscal Year 2011 shall be repaid no later
12than July 15, 2011.
13    (c) During Fiscal Years Year 2017 and 2018 only, amounts
14may be expended from the Budget Stabilization Fund only
15pursuant to specific authorization by appropriation. Any
16moneys expended pursuant to appropriation shall not be subject
17to repayment.
18(Source: P.A. 99-523, eff. 6-30-16.)
 
19    (30 ILCS 105/6z-52)
20    Sec. 6z-52. Drug Rebate Fund.
21    (a) There is created in the State Treasury a special fund
22to be known as the Drug Rebate Fund.
23    (b) The Fund is created for the purpose of receiving and
24disbursing moneys in accordance with this Section.
25Disbursements from the Fund shall be made, subject to

 

 

SB2217- 26 -LRB100 13147 JWD 27539 b

1appropriation, only as follows:
2        (1) For payments for reimbursement or coverage for
3    prescription drugs and other pharmacy products provided to
4    a recipient of medical assistance under the Illinois Public
5    Aid Code, the Children's Health Insurance Program Act, the
6    Covering ALL KIDS Health Insurance Act, and the Veterans'
7    Health Insurance Program Act of 2008.
8        (1.5) For payments to managed care organizations as
9    defined in Section 5-30.1 of the Illinois Public Aid Code.
10        (2) For reimbursement of moneys collected by the
11    Department of Healthcare and Family Services (formerly
12    Illinois Department of Public Aid) through error or
13    mistake.
14        (3) For payments of any amounts that are reimbursable
15    to the federal government resulting from a payment into
16    this Fund.
17        (4) For payments of operational and administrative
18    expenses related to providing and managing coverage for
19    prescription drugs and other pharmacy products provided to
20    a recipient of medical assistance under the Illinois Public
21    Aid Code, the Children's Health Insurance Program Act, the
22    Covering ALL KIDS Health Insurance Act, and the Veterans'
23    Health Insurance Program Act of 2008, and the Senior
24    Citizens and Disabled Persons Property Tax Relief and
25    Pharmaceutical Assistance Act.
26    (c) The Fund shall consist of the following:

 

 

SB2217- 27 -LRB100 13147 JWD 27539 b

1        (1) Upon notification from the Director of Healthcare
2    and Family Services, the Comptroller shall direct and the
3    Treasurer shall transfer the net State share (disregarding
4    the reduction in net State share attributable to the
5    American Recovery and Reinvestment Act of 2009 or any other
6    federal economic stimulus program) of all moneys received
7    by the Department of Healthcare and Family Services
8    (formerly Illinois Department of Public Aid) from drug
9    rebate agreements with pharmaceutical manufacturers
10    pursuant to Title XIX of the federal Social Security Act,
11    including any portion of the balance in the Public Aid
12    Recoveries Trust Fund on July 1, 2001 that is attributable
13    to such receipts.
14        (2) All federal matching funds received by the Illinois
15    Department as a result of expenditures made by the
16    Department that are attributable to moneys deposited in the
17    Fund.
18        (3) Any premium collected by the Illinois Department
19    from participants under a waiver approved by the federal
20    government relating to provision of pharmaceutical
21    services.
22        (4) All other moneys received for the Fund from any
23    other source, including interest earned thereon.
24(Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689,
25eff. 7-1-12.)
 

 

 

SB2217- 28 -LRB100 13147 JWD 27539 b

1    (30 ILCS 105/6z-100)
2    (Section scheduled to be repealed on July 1, 2017)
3    Sec. 6z-100. Capital Development Board Revolving Fund;
4payments into and use. All monies received by the Capital
5Development Board for publications or copies issued by the
6Board, and all monies received for contract administration
7fees, charges, or reimbursements owing to the Board shall be
8deposited into a special fund known as the Capital Development
9Board Revolving Fund, which is hereby created in the State
10treasury. The monies in this Fund shall be used by the Capital
11Development Board, as appropriated, for expenditures for
12personal services, retirement, social security, contractual
13services, legal services, travel, commodities, printing,
14equipment, electronic data processing, or telecommunications.
15Unexpended moneys in the Fund shall not be transferred or
16allocated by the Comptroller or Treasurer to any other fund,
17nor shall the Governor authorize the transfer or allocation of
18those moneys to any other fund. This Section is repealed July
191, 2018 2017.
20(Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
 
21    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
22    Sec. 8.3. Money in the Road Fund shall, if and when the
23State of Illinois incurs any bonded indebtedness for the
24construction of permanent highways, be set aside and used for
25the purpose of paying and discharging annually the principal

 

 

SB2217- 29 -LRB100 13147 JWD 27539 b

1and interest on that bonded indebtedness then due and payable,
2and for no other purpose. The surplus, if any, in the Road Fund
3after the payment of principal and interest on that bonded
4indebtedness then annually due shall be used as follows:
5        first -- to pay the cost of administration of Chapters
6    2 through 10 of the Illinois Vehicle Code, except the cost
7    of administration of Articles I and II of Chapter 3 of that
8    Code; and
9        secondly -- for expenses of the Department of
10    Transportation for construction, reconstruction,
11    improvement, repair, maintenance, operation, and
12    administration of highways in accordance with the
13    provisions of laws relating thereto, or for any purpose
14    related or incident to and connected therewith, including
15    the separation of grades of those highways with railroads
16    and with highways and including the payment of awards made
17    by the Illinois Workers' Compensation Commission under the
18    terms of the Workers' Compensation Act or Workers'
19    Occupational Diseases Act for injury or death of an
20    employee of the Division of Highways in the Department of
21    Transportation; or for the acquisition of land and the
22    erection of buildings for highway purposes, including the
23    acquisition of highway right-of-way or for investigations
24    to determine the reasonably anticipated future highway
25    needs; or for making of surveys, plans, specifications and
26    estimates for and in the construction and maintenance of

 

 

SB2217- 30 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 31 -LRB100 13147 JWD 27539 b

1    purpose of ADA/Para-transit expenses; or, during fiscal
2    year 2016 only, for the purposes of a grant not to exceed
3    $3,825,000 to the Regional Transportation Authority on
4    behalf of PACE for the purpose of ADA/Para-transit
5    expenses; or, during fiscal year 2017 only, for the
6    purposes of a grant not to exceed $3,825,000 to the
7    Regional Transportation Authority on behalf of PACE for the
8    purpose of ADA/Para-transit expenses; or for any of those
9    purposes or any other purpose that may be provided by law.
10    Appropriations for any of those purposes are payable from
11the Road Fund. Appropriations may also be made from the Road
12Fund for the administrative expenses of any State agency that
13are related to motor vehicles or arise from the use of motor
14vehicles.
15    Beginning with fiscal year 1980 and thereafter, no Road
16Fund monies shall be appropriated to the following Departments
17or agencies of State government for administration, grants, or
18operations; but this limitation is not a restriction upon
19appropriating for those purposes any Road Fund monies that are
20eligible for federal reimbursement;
21        1. Department of Public Health;
22        2. Department of Transportation, only with respect to
23    subsidies for one-half fare Student Transportation and
24    Reduced Fare for Elderly, except during fiscal year 2012
25    only when no more than $40,000,000 may be expended and
26    except during fiscal year 2013 only when no more than

 

 

SB2217- 32 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 33 -LRB100 13147 JWD 27539 b

1    $42,000,000 may be expended and except during fiscal year
2    2016 only when no more than $38,300,000 may be expended and
3    except during fiscal year 2017 only when no more than
4    $50,000,000 may be expended and except during fiscal year
5    2018 only when no more than $52,000,000 may be expended,
6    and Rail Freight Services.
7    Beginning with fiscal year 1982 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement: Department of Central
13Management Services, except for awards made by the Illinois
14Workers' Compensation Commission under the terms of the
15Workers' Compensation Act or Workers' Occupational Diseases
16Act for injury or death of an employee of the Division of
17Highways in the Department of Transportation.
18    Beginning with fiscal year 1984 and thereafter, no Road
19Fund monies shall be appropriated to the following Departments
20or agencies of State government for administration, grants, or
21operations; but this limitation is not a restriction upon
22appropriating for those purposes any Road Fund monies that are
23eligible for federal reimbursement:
24        1. Department of State Police, except not more than 40%
25    of the funds appropriated for the Division of Operations;
26        2. State Officers.

 

 

SB2217- 34 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 35 -LRB100 13147 JWD 27539 b

1    administering the laws imposing those fees, excises, and
2    license taxes, statutory refunds and adjustments allowed
3    thereunder, administrative costs of the Department of
4    Transportation, including, but not limited to, the
5    operating expenses of the Department relating to the
6    administration of public transportation programs, payment
7    of debts and liabilities incurred in construction and
8    reconstruction of public highways and bridges, acquisition
9    of rights-of-way for and the cost of construction,
10    reconstruction, maintenance, repair, and operation of
11    public highways and bridges under the direction and
12    supervision of the State, political subdivision, or
13    municipality collecting those monies, or during fiscal
14    year 2012 only for the purposes of a grant not to exceed
15    $8,500,000 to the Regional Transportation Authority on
16    behalf of PACE for the purpose of ADA/Para-transit
17    expenses, or during fiscal year 2013 only for the purposes
18    of a grant not to exceed $3,825,000 to the Regional
19    Transportation Authority on behalf of PACE for the purpose
20    of ADA/Para-transit expenses, or during fiscal year 2014
21    only for the purposes of a grant not to exceed $3,825,000
22    to the Regional Transportation Authority on behalf of PACE
23    for the purpose of ADA/Para-transit expenses, or during
24    fiscal year 2015 only for the purposes of a grant not to
25    exceed $3,825,000 to the Regional Transportation Authority
26    on behalf of PACE for the purpose of ADA/Para-transit

 

 

SB2217- 36 -LRB100 13147 JWD 27539 b

1    expenses, or during fiscal year 2016 only for the purposes
2    of a grant not to exceed $3,825,000 to the Regional
3    Transportation Authority on behalf of PACE for the purpose
4    of ADA/Para-transit expenses, or during fiscal year 2017
5    only for the purposes of a grant not to exceed $3,825,000
6    to the Regional Transportation Authority on behalf of PACE
7    for the purpose of ADA/Para-transit expenses, and the costs
8    for patrolling and policing the public highways (by State,
9    political subdivision, or municipality collecting that
10    money) for enforcement of traffic laws. The separation of
11    grades of such highways with railroads and costs associated
12    with protection of at-grade highway and railroad crossing
13    shall also be permissible.
14    Appropriations for any of such purposes are payable from
15the Road Fund or the Grade Crossing Protection Fund as provided
16in Section 8 of the Motor Fuel Tax Law.
17    Except as provided in this paragraph, beginning with fiscal
18year 1991 and thereafter, no Road Fund monies shall be
19appropriated to the Department of State Police for the purposes
20of this Section in excess of its total fiscal year 1990 Road
21Fund appropriations for those purposes unless otherwise
22provided in Section 5g of this Act. For fiscal years 2003,
232004, 2005, 2006, and 2007 only, no Road Fund monies shall be
24appropriated to the Department of State Police for the purposes
25of this Section in excess of $97,310,000. For fiscal year 2008
26only, no Road Fund monies shall be appropriated to the

 

 

SB2217- 37 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 38 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 39 -LRB100 13147 JWD 27539 b

1Fund to the State Construction Account Fund under Section 5e of
2this Act; nor to the General Revenue Fund, as authorized by
3this amendatory Act of the 93rd General Assembly.
4    The additional amounts authorized for expenditure in this
5Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
6shall be repaid to the Road Fund from the General Revenue Fund
7in the next succeeding fiscal year that the General Revenue
8Fund has a positive budgetary balance, as determined by
9generally accepted accounting principles applicable to
10government.
11    The additional amounts authorized for expenditure by the
12Secretary of State and the Department of State Police in this
13Section by this amendatory Act of the 94th General Assembly
14shall be repaid to the Road Fund from the General Revenue Fund
15in the next succeeding fiscal year that the General Revenue
16Fund has a positive budgetary balance, as determined by
17generally accepted accounting principles applicable to
18government.
19(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
2099-523, eff. 6-30-16.)
 
21    (30 ILCS 105/8.11)  (from Ch. 127, par. 144.11)
22    Sec. 8.11. Except as otherwise provided in this Section,
23appropriations from the State Parks Fund shall be made only to
24the Department of Natural Resources and shall, except for the
25additional moneys deposited under Section 805-550 of the

 

 

SB2217- 40 -LRB100 13147 JWD 27539 b

1Department of Natural Resources (Conservation) Law of the Civil
2Administrative Code of Illinois, be used only for the
3maintenance, development, operation, control and acquisition
4of State parks and historic sites.
5    Revenues derived from the Illinois and Michigan Canal from
6the sale of Canal lands, lease of Canal lands, Canal
7concessions, and other Canal activities, which have been placed
8in the State Parks Fund may be appropriated to the Department
9of Natural Resources for that Department to use, either
10independently or in cooperation with any Department or Agency
11of the Federal or State Government or any political subdivision
12thereof for the development and management of the Canal and its
13adjacent lands as outlined in the master plan for such
14development and management.
15(Source: P.A. 96-1160, eff. 1-1-11.)
 
16    (30 ILCS 105/8.25e)  (from Ch. 127, par. 144.25e)
17    Sec. 8.25e. (a) The State Comptroller and the State
18Treasurer shall automatically transfer on the first day of each
19month, beginning on February 1, 1988, from the General Revenue
20Fund to each of the funds then supplemented by the pari-mutuel
21tax pursuant to Section 28 of the Illinois Horse Racing Act of
221975, an amount equal to (i) the amount of pari-mutuel tax
23deposited into such fund during the month in fiscal year 1986
24which corresponds to the month preceding such transfer, minus
25(ii) the amount of pari-mutuel tax (or the replacement transfer

 

 

SB2217- 41 -LRB100 13147 JWD 27539 b

1authorized by subsection (d) of Section 8g Section 8g(d) of
2this Act and subsection (d) of Section 28.1 Section 28.1(d) of
3the Illinois Horse Racing Act of 1975) deposited into such fund
4during the month preceding such transfer; provided, however,
5that no transfer shall be made to a fund if such amount for
6that fund is equal to or less than zero and provided that no
7transfer shall be made to a fund in any fiscal year after the
8amount deposited into such fund exceeds the amount of
9pari-mutuel tax deposited into such fund during fiscal year
101986.
11    (b) The State Comptroller and the State Treasurer shall
12automatically transfer on the last day of each month, beginning
13on October 1, 1989 and ending on June 30, 2017, from the
14General Revenue Fund to the Metropolitan Exposition,
15Auditorium and Office Building Fund, the amount of $2,750,000
16plus any cumulative deficiencies in such transfers for prior
17months, until the sum of $16,500,000 has been transferred for
18the fiscal year beginning July 1, 1989 and until the sum of
19$22,000,000 has been transferred for each fiscal year
20thereafter.
21    (b-5) The State Comptroller and the State Treasurer shall
22automatically transfer on the last day of each month, beginning
23on July 1, 2017, from the General Revenue Fund to the
24Metropolitan Exposition, Auditorium and Office Building Fund,
25the amount of $1,500,000 plus any cumulative deficiencies in
26such transfers for prior months, until the sum of $12,000,000

 

 

SB2217- 42 -LRB100 13147 JWD 27539 b

1has been transferred for each fiscal year thereafter.
2    (c) After the transfer of funds from the Metropolitan
3Exposition, Auditorium and Office Building Fund to the Bond
4Retirement Fund pursuant to subsection (b) of Section 15
5Section 15(b) of the Metropolitan Civic Center Support Act, the
6State Comptroller and the State Treasurer shall automatically
7transfer on the last day of each month, beginning on October 1,
81989 and ending on June 30, 2017, from the Metropolitan
9Exposition, Auditorium and Office Building Fund to the Park and
10Conservation Fund the amount of $1,250,000 plus any cumulative
11deficiencies in such transfers for prior months, until the sum
12of $7,500,000 has been transferred for the fiscal year
13beginning July 1, 1989 and until the sum of $10,000,000 has
14been transferred for each fiscal year thereafter.
15(Source: P.A. 91-25, eff. 6-9-99.)
 
16    (30 ILCS 105/8.52 new)
17    Sec. 8.52. Special fund transfers.
18    (a) In order to maintain the integrity of special funds and
19improve stability in the General Revenue Fund, the Budget
20Stabilization Fund, the Healthcare Provider Relief Fund, and
21the Health Insurance Reserve Fund, the State Treasurer and the
22State Comptroller shall make transfers to the General Revenue
23Fund, the Budget Stabilization Fund, the Healthcare Provider
24Relief Fund, or the Health Insurance Reserve Fund, from time to
25time through June 30, 2021 as directed by the Governor, in each

 

 

SB2217- 43 -LRB100 13147 JWD 27539 b

1of State fiscal years 2018 through 2021 in amounts not to
2exceed per year the total set forth below for each fund:
3Abandoned Residential Property Municipality
4    Relief Fund....................................$6,600,000
5Aggregate Operations Regulatory Fund.................$500,000
6Agricultural Master Fund.............................$900,000
7Alternate Fuels Fund...............................$1,300,000
8Appraisal Administration Fund........................$400,000
9Bank and Trust Company Fund..........................$917,400
10Care Provider Fund for Persons with a
11    Developmental Disability.......................$1,000,000
12Carolyn Adams Ticket For The Cure Grant Fund.........$400,000
13Cemetery Oversight Licensing and Disciplinary Fund.$50,900
14Clean Air Act Permit Fund............................$911,600
15Coal Technology Development Assistance Fund........$9,500,000
16Community Health Center Care Fund....................$800,000
17Compassionate Use of Medical Cannabis Fund.........$5,000,000
18Conservation Police Operations Assistance Fund.....$1,400,000
19Credit Union Fund....................................$176,200
20Criminal Justice Information Projects Fund...........$400,000
21Death Certificate Surcharge Fund......................$70,500
22Death Penalty Abolition Fund.........................$309,800
23Department of Corrections Reimbursement and
24    Education Fund...................................$180,000
25Department of Human Rights Special Fund..............$100,000
26DHS Private Resources Fund.........................$1,000,000

 

 

SB2217- 44 -LRB100 13147 JWD 27539 b

1DHS Recoveries Trust Fund..........................$5,515,000
2DHS Technology Initiative Fund.....................$2,250,000
3Digital Divide Elimination Fund....................$1,347,000
4Distance Learning Fund...............................$180,000
5Dram Shop Fund.......................................$365,000
6Drug Treatment Fund..................................$195,000
7Drunk and Drugged Driving Prevention Fund.............$90,000
8Early Intervention Services Revolving Fund.........$5,000,000
9Economic Research and Information Fund................$11,000
10Electronics Recycling Fund...........................$450,000
11Energy Efficiency Trust Fund.......................$7,600,000
12Environmental Laboratory Certification Fund..........$200,000
13Environmental Protection Permit and Inspection Fund.$461,800
14Environmental Protection Trust Fund..................$265,000
15Explosives Regulatory Fund...........................$280,000
16Fair and Exposition Fund...........................$2,800,000
17Feed Control Fund..................................$6,800,000
18Fertilizer Control Fund............................$4,100,000
19Financial Institution Fund...........................$328,200
20Fire Prevention Fund..............................$10,000,000
21Foreclosure Prevention Program Fund................$2,500,000
22Foreclosure Prevention Program Graduated Fund.....$10,000,000
23General Professions Dedicated Fund...................$612,700
24Good Samaritan Energy Trust Fund......................$29,000
25Hazardous Waste Fund.................................$431,600
26Health Facility Plan Review Fund......................$78,200

 

 

SB2217- 45 -LRB100 13147 JWD 27539 b

1Home Inspector Administration Fund...................$500,000
2Horse Racing Fund....................................$197,900
3Hospital Licensure Fund............................$1,000,000
4Human Services Priority Capital Program Fund...........$3,200
5ICJIA Violence Prevention Special Projects Fund......$100,000
6Illinois Adoption Registry and Medical Information
7    Exchange Fund.....................................$80,000
8Illinois Affordable Housing Trust Fund........$16,295,000
9Illinois Capital Revolving Loan Fund...............$1,263,000
10Illinois Clean Water Fund..........................$4,400,000
11Illinois Equity Fund.................................$535,000
12Illinois Fisheries Management Fund.................$2,000,000
13Illinois Forestry Development Fund...................$264,300
14Illinois Gaming Law Enforcement Fund..................$62,000
15Illinois Health Facilities Planning Fund...........$2,500,000
16Illinois National Guard Billeting Fund...............$100,000
17Illinois Power Agency Renewable Energy
18    Resources Fund...............................$225,000,000
19Illinois Standardbred Breeders Fund................$4,000,000
20Illinois State Dental Disciplinary Fund............$1,500,000
21Illinois State Medical Disciplinary Fund...........$5,000,000
22Illinois State Pharmacy Disciplinary Fund..........$2,000,000
23Illinois State Podiatric Disciplinary Fund...........$200,000
24Illinois Thoroughbred Breeders Fund................$4,000,000
25Illinois Workers' Compensation Commission
26    Operations Fund...............................$11,272,900

 

 

SB2217- 46 -LRB100 13147 JWD 27539 b

1Insurance Financial Regulation Fund...........$10,941,900
2Insurance Producer Administration Fund............$15,000,000
3Intercity Passenger Rail Fund........................$500,000
4International and Promotional Fund....................$37,000
5Large Business Attraction Fund.....................$1,562,000
6Law Enforcement Camera Grant Fund..................$1,500,000
7LEADS Maintenance Fund...............................$118,900
8Low-Level Radioactive Waste Facility Development
9    and Operation Fund.............................$1,300,000
10Medicaid Buy-In Program Revolving Fund...............$300,000
11Mental Health Fund.................................$1,101,300
12Mental Health Reporting Fund.........................$624,100
13Metabolic Screening and Treatment Fund.............$5,000,000
14Money Laundering Asset Recovery Fund..................$63,700
15Motor Carrier Safety Inspection Fund.................$115,000
16Motor Vehicle Theft Prevention Trust Fund.........$13,800,000
17Natural Areas Acquisition Fund.....................$2,000,000
18Natural Resources Restoration Trust Fund...........$2,100,000
19Nuclear Safety Emergency Preparedness Fund.........$6,000,000
20Nursing Dedicated and Professional Fund............$5,000,000
21Partners for Conservation Fund.......................$698,800
22Pesticide Control Fund...............................$400,000
23Plugging and Restoration Fund......................$1,200,000
24Plumbing Licensure and Program Fund...................$89,000
25Pollution Control Board Fund.........................$300,000
26Port Development Revolving Loan Fund.................$410,000

 

 

SB2217- 47 -LRB100 13147 JWD 27539 b

1Prescription Pill and Drug Disposal Fund.............$250,000
2Professions Indirect Cost Fund.....................$1,409,500
3Provider Inquiry Trust Fund..........................$500,000
4Public Health Special State Projects Fund.........$10,000,000
5Public Infrastructure Construction Loan
6    Revolving Fund.................................$1,500,000
7Public Pension Regulation Fund.......................$100,300
8Quality of Life Endowment Fund.......................$337,500
9Radiation Protection Fund..........................$4,500,000
10Rail Freight Loan Repayment Fund...................$1,000,000
11Real Estate License Administration Fund............$3,000,000
12Real Estate Research and Education Fund..............$250,000
13Registered Certified Public Accountants' Administration
14    and Disciplinary Fund..........................$1,500,000
15Regulatory Evaluation and Basic Enforcement Fund.....$150,000
16Regulatory Fund......................................$330,000
17Renewable Energy Resources Trust Fund.............$12,000,000
18Rental Housing Support Program Fund..................$760,000
19Residential Finance Regulatory Fund..................$127,000
20Roadside Memorial Fund...............................$200,000
21Safe Bottled Water Fund..............................$150,000
22School Technology Revolving Loan Fund..........$1,500,000
23Sex Offender Registration Fund.......................$100,000
24Small Business Environmental Assistance Fund.........$294,000
25Snowmobile Trail Establishment Fund..................$150,000
26Solid Waste Management Fund.......................$13,900,000

 

 

SB2217- 48 -LRB100 13147 JWD 27539 b

1Spinal Cord Injury Paralysis Cure Research
2    Trust Fund.......................................$300,000
3State Asset Forfeiture Fund..........................$185,000
4State Charter School Commission Fund.................$100,000
5State Crime Laboratory Fund..........................$150,500
6State Furbearer Fund.................................$200,000
7State Offender DNA Identification System Fund.........$98,200
8State Parks Fund.....................................$662,000
9State Police DUI Fund.................................$57,100
10State Police Firearm Services Fund.................$7,200,000
11State Police Merit Board Public Safety Fund...........$58,200
12State Police Operations Assistance Fund............$1,022,000
13State Police Services Fund.........................$3,500,000
14State Police Whistleblower Reward and
15    Protection Fund..................................$625,700
16State Rail Freight Loan Repayment Fund.........$6,000,000
17Statewide 9-1-1 Fund...............................$5,926,000
18Subtitle D Management Fund.........................$1,000,000
19Tax Compliance and Administration Fund.............$1,400,000
20TOMA Consumer Protection Fund........................$200,000
21Tourism Promotion Fund............................$91,000,000
22Traffic and Criminal Conviction Surcharge Fund.......$638,100
23Trauma Center Fund.................................$3,000,000
24Underground Resources Conservation
25    Enforcement Fund.................................$700,000
26Used Tire Management Fund.........................$17,500,000

 

 

SB2217- 49 -LRB100 13147 JWD 27539 b

1Weights and Measures Fund............................$256,100
2Wireless Carrier Reimbursement Fund..................$327,000
3Workforce, Technology, and Economic
4    Development Fund..................................$65,000
5Youth Alcoholism and Substance Abuse
6    Prevention Fund..................................$500,000
7Total                                            $642,920,100
8    (b) On and after the effective date of this amendatory Act
9of the 100th General Assembly through the end of State fiscal
10year 2021, when any of the funds listed in subsection (a) has
11insufficient cash from which the State Comptroller may make
12expenditures properly supported by appropriations from the
13fund, then, at the direction of the Director of the Governor's
14Office of Management and Budget, the State Treasurer and State
15Comptroller shall transfer from the General Revenue Fund to the
16fund only such amount as is immediately necessary to satisfy
17outstanding expenditure obligations on a timely basis, subject
18to the provisions of the State Prompt Payment Act. All or a
19portion of the amounts transferred from the General Revenue
20Fund to a fund pursuant to this subsection (b) from time to
21time may be re-transferred by the State Comptroller and the
22State Treasurer from the receiving fund into the General
23Revenue Fund as soon as and to the extent that deposits are
24made into or receipts are collected by the receiving fund.
25    (c) The State Treasurer and State Comptroller shall
26transfer the amounts designated under subsection (a) of this

 

 

SB2217- 50 -LRB100 13147 JWD 27539 b

1Section as soon as may be practicable after receiving the
2direction to transfer from the Director of the Governor's
3Office of Management and Budget. If the Director of the
4Governor's Office of Management and Budget determines that any
5transfer authorized by this Section from a special fund under
6subsection (a) either (i) jeopardizes federal funding based on
7a written communication from a federal official or (ii)
8violates an order of a court of competent jurisdiction, then
9the Director may order the State Treasurer and State
10Comptroller, in writing, to transfer from the General Revenue
11Fund to that listed special fund all or part of the amounts
12transferred from that special fund under subsection (a).
13    (d) During State fiscal years 2018 through 2021, the report
14filed under Section 7.2 of the Governor's Office of Management
15and Budget Act shall contain, in addition to the information
16otherwise required, information on all transfers made pursuant
17to this Section, including all of the following:
18        (1) The date each transfer was made.
19        (2) The amount of each transfer.
20        (3) In the case of a transfer from the General Revenue
21    Fund to a fund of origin pursuant to subsection (b) or (c),
22    the amount of such transfer and the date such transfer was
23    made.
24        (4) The end of day balance of both the fund of origin
25    and the receiving fund on the date the transfer was made.
26    (e) Notwithstanding any provision of law to the contrary,

 

 

SB2217- 51 -LRB100 13147 JWD 27539 b

1the transfers in this Section may be made through the end of
2State fiscal year 2021.
 
3    (30 ILCS 105/8g)
4    Sec. 8g. Fund transfers.
5    (a) In addition to any other transfers that may be provided
6for by law, as soon as may be practical after the effective
7date of this amendatory Act of the 91st General Assembly, the
8State Comptroller shall direct and the State Treasurer shall
9transfer the sum of $10,000,000 from the General Revenue Fund
10to the Motor Vehicle License Plate Fund created by Senate Bill
111028 of the 91st General Assembly.
12    (b) In addition to any other transfers that may be provided
13for by law, as soon as may be practical after the effective
14date of this amendatory Act of the 91st General Assembly, the
15State Comptroller shall direct and the State Treasurer shall
16transfer the sum of $25,000,000 from the General Revenue Fund
17to the Fund for Illinois' Future created by Senate Bill 1066 of
18the 91st General Assembly.
19    (c) In addition to any other transfers that may be provided
20for by law, on August 30 of each fiscal year's license period,
21the Illinois Liquor Control Commission shall direct and the
22State Comptroller and State Treasurer shall transfer from the
23General Revenue Fund to the Youth Alcoholism and Substance
24Abuse Prevention Fund an amount equal to the number of retail
25liquor licenses issued for that fiscal year multiplied by $50.

 

 

SB2217- 52 -LRB100 13147 JWD 27539 b

1    (d) The payments to programs required under subsection (d)
2of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
3be made, pursuant to appropriation, from the special funds
4referred to in the statutes cited in that subsection, rather
5than directly from the General Revenue Fund.
6    Beginning January 1, 2000, on the first day of each month,
7or as soon as may be practical thereafter, the State
8Comptroller shall direct and the State Treasurer shall transfer
9from the General Revenue Fund to each of the special funds from
10which payments are to be made under subsection (d) of Section
1128.1 of the Illinois Horse Racing Act of 1975 an amount equal
12to 1/12 of the annual amount required for those payments from
13that special fund, which annual amount shall not exceed the
14annual amount for those payments from that special fund for the
15calendar year 1998. The special funds to which transfers shall
16be made under this subsection (d) include, but are not
17necessarily limited to, the Agricultural Premium Fund; the
18Metropolitan Exposition, Auditorium and Office Building Fund;
19the Fair and Exposition Fund; the Illinois Standardbred
20Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
21Illinois Veterans' Rehabilitation Fund. During State fiscal
22year 2018 only, the State Comptroller shall direct and the
23State Treasurer shall transfer amounts from the General Revenue
24Fund to the designated funds not exceeding the following
25amounts:
26    Agricultural Premium Fund.....................$0

 

 

SB2217- 53 -LRB100 13147 JWD 27539 b

1    Fair and Exposition Fund......................0
2    Illinois Standardbred Breeders Fund...........0
3    Illinois Thoroughbred Breeders Fund...........0
4    (e) In addition to any other transfers that may be provided
5for by law, as soon as may be practical after the effective
6date of this amendatory Act of the 91st General Assembly, but
7in no event later than June 30, 2000, the State Comptroller
8shall direct and the State Treasurer shall transfer the sum of
9$15,000,000 from the General Revenue Fund to the Fund for
10Illinois' Future.
11    (f) In addition to any other transfers that may be provided
12for by law, as soon as may be practical after the effective
13date of this amendatory Act of the 91st General Assembly, but
14in no event later than June 30, 2000, the State Comptroller
15shall direct and the State Treasurer shall transfer the sum of
16$70,000,000 from the General Revenue Fund to the Long-Term Care
17Provider Fund.
18    (f-1) In fiscal year 2002, in addition to any other
19transfers that may be provided for by law, at the direction of
20and upon notification from the Governor, the State Comptroller
21shall direct and the State Treasurer shall transfer amounts not
22exceeding a total of $160,000,000 from the General Revenue Fund
23to the Long-Term Care Provider Fund.
24    (g) In addition to any other transfers that may be provided
25for by law, on July 1, 2001, or as soon thereafter as may be
26practical, the State Comptroller shall direct and the State

 

 

SB2217- 54 -LRB100 13147 JWD 27539 b

1Treasurer shall transfer the sum of $1,200,000 from the General
2Revenue Fund to the Violence Prevention Fund.
3    (h) In each of fiscal years 2002 through 2004, but not
4thereafter, in addition to any other transfers that may be
5provided for by law, the State Comptroller shall direct and the
6State Treasurer shall transfer $5,000,000 from the General
7Revenue Fund to the Tourism Promotion Fund.
8    (i) On or after July 1, 2001 and until May 1, 2002, in
9addition to any other transfers that may be provided for by
10law, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not exceeding a total of
13$80,000,000 from the General Revenue Fund to the Tobacco
14Settlement Recovery Fund. Any amounts so transferred shall be
15re-transferred by the State Comptroller and the State Treasurer
16from the Tobacco Settlement Recovery Fund to the General
17Revenue Fund at the direction of and upon notification from the
18Governor, but in any event on or before June 30, 2002.
19    (i-1) On or after July 1, 2002 and until May 1, 2003, in
20addition to any other transfers that may be provided for by
21law, at the direction of and upon notification from the
22Governor, the State Comptroller shall direct and the State
23Treasurer shall transfer amounts not exceeding a total of
24$80,000,000 from the General Revenue Fund to the Tobacco
25Settlement Recovery Fund. Any amounts so transferred shall be
26re-transferred by the State Comptroller and the State Treasurer

 

 

SB2217- 55 -LRB100 13147 JWD 27539 b

1from the Tobacco Settlement Recovery Fund to the General
2Revenue Fund at the direction of and upon notification from the
3Governor, but in any event on or before June 30, 2003.
4    (j) On or after July 1, 2001 and no later than June 30,
52002, in addition to any other transfers that may be provided
6for by law, at the direction of and upon notification from the
7Governor, the State Comptroller shall direct and the State
8Treasurer shall transfer amounts not to exceed the following
9sums into the Statistical Services Revolving Fund:
10    From the General Revenue Fund.................$8,450,000
11    From the Public Utility Fund..................1,700,000
12    From the Transportation Regulatory Fund.......2,650,000
13    From the Title III Social Security and
14     Employment Fund..............................3,700,000
15    From the Professions Indirect Cost Fund.......4,050,000
16    From the Underground Storage Tank Fund........550,000
17    From the Agricultural Premium Fund............750,000
18    From the State Pensions Fund..................200,000
19    From the Road Fund............................2,000,000
20    From the Health Facilities
21     Planning Fund................................1,000,000
22    From the Savings and Residential Finance
23     Regulatory Fund..............................130,800
24    From the Appraisal Administration Fund........28,600
25    From the Pawnbroker Regulation Fund...........3,600
26    From the Auction Regulation

 

 

SB2217- 56 -LRB100 13147 JWD 27539 b

1     Administration Fund..........................35,800
2    From the Bank and Trust Company Fund..........634,800
3    From the Real Estate License
4     Administration Fund..........................313,600
5    (k) In addition to any other transfers that may be provided
6for by law, as soon as may be practical after the effective
7date of this amendatory Act of the 92nd General Assembly, the
8State Comptroller shall direct and the State Treasurer shall
9transfer the sum of $2,000,000 from the General Revenue Fund to
10the Teachers Health Insurance Security Fund.
11    (k-1) In addition to any other transfers that may be
12provided for by law, on July 1, 2002, or as soon as may be
13practical thereafter, the State Comptroller shall direct and
14the State Treasurer shall transfer the sum of $2,000,000 from
15the General Revenue Fund to the Teachers Health Insurance
16Security Fund.
17    (k-2) In addition to any other transfers that may be
18provided for by law, on July 1, 2003, or as soon as may be
19practical thereafter, the State Comptroller shall direct and
20the State Treasurer shall transfer the sum of $2,000,000 from
21the General Revenue Fund to the Teachers Health Insurance
22Security Fund.
23    (k-3) On or after July 1, 2002 and no later than June 30,
242003, in addition to any other transfers that may be provided
25for by law, at the direction of and upon notification from the
26Governor, the State Comptroller shall direct and the State

 

 

SB2217- 57 -LRB100 13147 JWD 27539 b

1Treasurer shall transfer amounts not to exceed the following
2sums into the Statistical Services Revolving Fund:
3    Appraisal Administration Fund.................$150,000
4    General Revenue Fund..........................10,440,000
5    Savings and Residential Finance
6        Regulatory Fund...........................200,000
7    State Pensions Fund...........................100,000
8    Bank and Trust Company Fund...................100,000
9    Professions Indirect Cost Fund................3,400,000
10    Public Utility Fund...........................2,081,200
11    Real Estate License Administration Fund.......150,000
12    Title III Social Security and
13        Employment Fund...........................1,000,000
14    Transportation Regulatory Fund................3,052,100
15    Underground Storage Tank Fund.................50,000
16    (l) In addition to any other transfers that may be provided
17for by law, on July 1, 2002, or as soon as may be practical
18thereafter, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $3,000,000 from the General
20Revenue Fund to the Presidential Library and Museum Operating
21Fund.
22    (m) In addition to any other transfers that may be provided
23for by law, on July 1, 2002 and on the effective date of this
24amendatory Act of the 93rd General Assembly, or as soon
25thereafter as may be practical, the State Comptroller shall
26direct and the State Treasurer shall transfer the sum of

 

 

SB2217- 58 -LRB100 13147 JWD 27539 b

1$1,200,000 from the General Revenue Fund to the Violence
2Prevention Fund.
3    (n) In addition to any other transfers that may be provided
4for by law, on July 1, 2003, or as soon thereafter as may be
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $6,800,000 from the General
7Revenue Fund to the DHS Recoveries Trust Fund.
8    (o) On or after July 1, 2003, and no later than June 30,
92004, in addition to any other transfers that may be provided
10for by law, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not to exceed the following
13sums into the Vehicle Inspection Fund:
14    From the Underground Storage Tank Fund .......$35,000,000.
15    (p) On or after July 1, 2003 and until May 1, 2004, in
16addition to any other transfers that may be provided for by
17law, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22re-transferred from the Tobacco Settlement Recovery Fund to the
23General Revenue Fund at the direction of and upon notification
24from the Governor, but in any event on or before June 30, 2004.
25    (q) In addition to any other transfers that may be provided
26for by law, on July 1, 2003, or as soon as may be practical

 

 

SB2217- 59 -LRB100 13147 JWD 27539 b

1thereafter, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $5,000,000 from the General
3Revenue Fund to the Illinois Military Family Relief Fund.
4    (r) In addition to any other transfers that may be provided
5for by law, on July 1, 2003, or as soon as may be practical
6thereafter, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $1,922,000 from the General
8Revenue Fund to the Presidential Library and Museum Operating
9Fund.
10    (s) In addition to any other transfers that may be provided
11for by law, on or after July 1, 2003, the State Comptroller
12shall direct and the State Treasurer shall transfer the sum of
13$4,800,000 from the Statewide Economic Development Fund to the
14General Revenue Fund.
15    (t) In addition to any other transfers that may be provided
16for by law, on or after July 1, 2003, the State Comptroller
17shall direct and the State Treasurer shall transfer the sum of
18$50,000,000 from the General Revenue Fund to the Budget
19Stabilization Fund.
20    (u) On or after July 1, 2004 and until May 1, 2005, in
21addition to any other transfers that may be provided for by
22law, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts not exceeding a total of
25$80,000,000 from the General Revenue Fund to the Tobacco
26Settlement Recovery Fund. Any amounts so transferred shall be

 

 

SB2217- 60 -LRB100 13147 JWD 27539 b

1retransferred by the State Comptroller and the State Treasurer
2from the Tobacco Settlement Recovery Fund to the General
3Revenue Fund at the direction of and upon notification from the
4Governor, but in any event on or before June 30, 2005.
5    (v) In addition to any other transfers that may be provided
6for by law, on July 1, 2004, or as soon thereafter as may be
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $1,200,000 from the General
9Revenue Fund to the Violence Prevention Fund.
10    (w) In addition to any other transfers that may be provided
11for by law, on July 1, 2004, or as soon thereafter as may be
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $6,445,000 from the General
14Revenue Fund to the Presidential Library and Museum Operating
15Fund.
16    (x) In addition to any other transfers that may be provided
17for by law, on January 15, 2005, or as soon thereafter as may
18be practical, the State Comptroller shall direct and the State
19Treasurer shall transfer to the General Revenue Fund the
20following sums:
21        From the State Crime Laboratory Fund, $200,000;
22        From the State Police Wireless Service Emergency Fund,
23    $200,000;
24        From the State Offender DNA Identification System
25    Fund, $800,000; and
26        From the State Police Whistleblower Reward and

 

 

SB2217- 61 -LRB100 13147 JWD 27539 b

1    Protection Fund, $500,000.
2    (y) Notwithstanding any other provision of law to the
3contrary, in addition to any other transfers that may be
4provided for by law on June 30, 2005, or as soon as may be
5practical thereafter, the State Comptroller shall direct and
6the State Treasurer shall transfer the remaining balance from
7the designated funds into the General Revenue Fund and any
8future deposits that would otherwise be made into these funds
9must instead be made into the General Revenue Fund:
10        (1) the Keep Illinois Beautiful Fund;
11        (2) the Metropolitan Fair and Exposition Authority
12    Reconstruction Fund;
13        (3) the New Technology Recovery Fund;
14        (4) the Illinois Rural Bond Bank Trust Fund;
15        (5) the ISBE School Bus Driver Permit Fund;
16        (6) the Solid Waste Management Revolving Loan Fund;
17        (7) the State Postsecondary Review Program Fund;
18        (8) the Tourism Attraction Development Matching Grant
19    Fund;
20        (9) the Patent and Copyright Fund;
21        (10) the Credit Enhancement Development Fund;
22        (11) the Community Mental Health and Developmental
23    Disabilities Services Provider Participation Fee Trust
24    Fund;
25        (12) the Nursing Home Grant Assistance Fund;
26        (13) the By-product Material Safety Fund;

 

 

SB2217- 62 -LRB100 13147 JWD 27539 b

1        (14) the Illinois Student Assistance Commission Higher
2    EdNet Fund;
3        (15) the DORS State Project Fund;
4        (16) the School Technology Revolving Fund;
5        (17) the Energy Assistance Contribution Fund;
6        (18) the Illinois Building Commission Revolving Fund;
7        (19) the Illinois Aquaculture Development Fund;
8        (20) the Homelessness Prevention Fund;
9        (21) the DCFS Refugee Assistance Fund;
10        (22) the Illinois Century Network Special Purposes
11    Fund; and
12        (23) the Build Illinois Purposes Fund.
13    (z) In addition to any other transfers that may be provided
14for by law, on July 1, 2005, or as soon as may be practical
15thereafter, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $1,200,000 from the General
17Revenue Fund to the Violence Prevention Fund.
18    (aa) In addition to any other transfers that may be
19provided for by law, on July 1, 2005, or as soon as may be
20practical thereafter, the State Comptroller shall direct and
21the State Treasurer shall transfer the sum of $9,000,000 from
22the General Revenue Fund to the Presidential Library and Museum
23Operating Fund.
24    (bb) In addition to any other transfers that may be
25provided for by law, on July 1, 2005, or as soon as may be
26practical thereafter, the State Comptroller shall direct and

 

 

SB2217- 63 -LRB100 13147 JWD 27539 b

1the State Treasurer shall transfer the sum of $6,803,600 from
2the General Revenue Fund to the Securities Audit and
3Enforcement Fund.
4    (cc) In addition to any other transfers that may be
5provided for by law, on or after July 1, 2005 and until May 1,
62006, at the direction of and upon notification from the
7Governor, the State Comptroller shall direct and the State
8Treasurer shall transfer amounts not exceeding a total of
9$80,000,000 from the General Revenue Fund to the Tobacco
10Settlement Recovery Fund. Any amounts so transferred shall be
11re-transferred by the State Comptroller and the State Treasurer
12from the Tobacco Settlement Recovery Fund to the General
13Revenue Fund at the direction of and upon notification from the
14Governor, but in any event on or before June 30, 2006.
15    (dd) In addition to any other transfers that may be
16provided for by law, on April 1, 2005, or as soon thereafter as
17may be practical, at the direction of the Director of Public
18Aid (now Director of Healthcare and Family Services), the State
19Comptroller shall direct and the State Treasurer shall transfer
20from the Public Aid Recoveries Trust Fund amounts not to exceed
21$14,000,000 to the Community Mental Health Medicaid Trust Fund.
22    (ee) Notwithstanding any other provision of law, on July 1,
232006, or as soon thereafter as practical, the State Comptroller
24shall direct and the State Treasurer shall transfer the
25remaining balance from the Illinois Civic Center Bond Fund to
26the Illinois Civic Center Bond Retirement and Interest Fund.

 

 

SB2217- 64 -LRB100 13147 JWD 27539 b

1    (ff) In addition to any other transfers that may be
2provided for by law, on and after July 1, 2006 and until June
330, 2007, at the direction of and upon notification from the
4Director of the Governor's Office of Management and Budget, the
5State Comptroller shall direct and the State Treasurer shall
6transfer amounts not exceeding a total of $1,900,000 from the
7General Revenue Fund to the Illinois Capital Revolving Loan
8Fund.
9    (gg) In addition to any other transfers that may be
10provided for by law, on and after July 1, 2006 and until May 1,
112007, at the direction of and upon notification from the
12Governor, the State Comptroller shall direct and the State
13Treasurer shall transfer amounts not exceeding a total of
14$80,000,000 from the General Revenue Fund to the Tobacco
15Settlement Recovery Fund. Any amounts so transferred shall be
16retransferred by the State Comptroller and the State Treasurer
17from the Tobacco Settlement Recovery Fund to the General
18Revenue Fund at the direction of and upon notification from the
19Governor, but in any event on or before June 30, 2007.
20    (hh) In addition to any other transfers that may be
21provided for by law, on and after July 1, 2006 and until June
2230, 2007, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts from the Illinois Affordable
25Housing Trust Fund to the designated funds not exceeding the
26following amounts:

 

 

SB2217- 65 -LRB100 13147 JWD 27539 b

1    DCFS Children's Services Fund.................$2,200,000
2    Department of Corrections Reimbursement
3        and Education Fund........................$1,500,000
4    Supplemental Low-Income Energy
5        Assistance Fund..............................$75,000
6    (ii) In addition to any other transfers that may be
7provided for by law, on or before August 31, 2006, the Governor
8and the State Comptroller may agree to transfer the surplus
9cash balance from the General Revenue Fund to the Budget
10Stabilization Fund and the Pension Stabilization Fund in equal
11proportions. The determination of the amount of the surplus
12cash balance shall be made by the Governor, with the
13concurrence of the State Comptroller, after taking into account
14the June 30, 2006 balances in the general funds and the actual
15or estimated spending from the general funds during the lapse
16period. Notwithstanding the foregoing, the maximum amount that
17may be transferred under this subsection (ii) is $50,000,000.
18    (jj) In addition to any other transfers that may be
19provided for by law, on July 1, 2006, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $8,250,000 from the General
22Revenue Fund to the Presidential Library and Museum Operating
23Fund.
24    (kk) In addition to any other transfers that may be
25provided for by law, on July 1, 2006, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

SB2217- 66 -LRB100 13147 JWD 27539 b

1Treasurer shall transfer the sum of $1,400,000 from the General
2Revenue Fund to the Violence Prevention Fund.
3    (ll) In addition to any other transfers that may be
4provided for by law, on the first day of each calendar quarter
5of the fiscal year beginning July 1, 2006, or as soon
6thereafter as practical, the State Comptroller shall direct and
7the State Treasurer shall transfer from the General Revenue
8Fund amounts equal to one-fourth of $20,000,000 to the
9Renewable Energy Resources Trust Fund.
10    (mm) In addition to any other transfers that may be
11provided for by law, on July 1, 2006, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $1,320,000 from the General
14Revenue Fund to the I-FLY Fund.
15    (nn) In addition to any other transfers that may be
16provided for by law, on July 1, 2006, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $3,000,000 from the General
19Revenue Fund to the African-American HIV/AIDS Response Fund.
20    (oo) In addition to any other transfers that may be
21provided for by law, on and after July 1, 2006 and until June
2230, 2007, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts identified as net receipts
25from the sale of all or part of the Illinois Student Assistance
26Commission loan portfolio from the Student Loan Operating Fund

 

 

SB2217- 67 -LRB100 13147 JWD 27539 b

1to the General Revenue Fund. The maximum amount that may be
2transferred pursuant to this Section is $38,800,000. In
3addition, no transfer may be made pursuant to this Section that
4would have the effect of reducing the available balance in the
5Student Loan Operating Fund to an amount less than the amount
6remaining unexpended and unreserved from the total
7appropriations from the Fund estimated to be expended for the
8fiscal year. The State Treasurer and Comptroller shall transfer
9the amounts designated under this Section as soon as may be
10practical after receiving the direction to transfer from the
11Governor.
12    (pp) In addition to any other transfers that may be
13provided for by law, on July 1, 2006, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $2,000,000 from the General
16Revenue Fund to the Illinois Veterans Assistance Fund.
17    (qq) In addition to any other transfers that may be
18provided for by law, on and after July 1, 2007 and until May 1,
192008, at the direction of and upon notification from the
20Governor, the State Comptroller shall direct and the State
21Treasurer shall transfer amounts not exceeding a total of
22$80,000,000 from the General Revenue Fund to the Tobacco
23Settlement Recovery Fund. Any amounts so transferred shall be
24retransferred by the State Comptroller and the State Treasurer
25from the Tobacco Settlement Recovery Fund to the General
26Revenue Fund at the direction of and upon notification from the

 

 

SB2217- 68 -LRB100 13147 JWD 27539 b

1Governor, but in any event on or before June 30, 2008.
2    (rr) In addition to any other transfers that may be
3provided for by law, on and after July 1, 2007 and until June
430, 2008, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts from the Illinois Affordable
7Housing Trust Fund to the designated funds not exceeding the
8following amounts:
9    DCFS Children's Services Fund.................$2,200,000
10    Department of Corrections Reimbursement
11        and Education Fund........................$1,500,000
12    Supplemental Low-Income Energy
13        Assistance Fund..............................$75,000
14    (ss) In addition to any other transfers that may be
15provided for by law, on July 1, 2007, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $8,250,000 from the General
18Revenue Fund to the Presidential Library and Museum Operating
19Fund.
20    (tt) In addition to any other transfers that may be
21provided for by law, on July 1, 2007, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $1,400,000 from the General
24Revenue Fund to the Violence Prevention Fund.
25    (uu) In addition to any other transfers that may be
26provided for by law, on July 1, 2007, or as soon thereafter as

 

 

SB2217- 69 -LRB100 13147 JWD 27539 b

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $1,320,000 from the General
3Revenue Fund to the I-FLY Fund.
4    (vv) In addition to any other transfers that may be
5provided for by law, on July 1, 2007, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $3,000,000 from the General
8Revenue Fund to the African-American HIV/AIDS Response Fund.
9    (ww) In addition to any other transfers that may be
10provided for by law, on July 1, 2007, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $3,500,000 from the General
13Revenue Fund to the Predatory Lending Database Program Fund.
14    (xx) In addition to any other transfers that may be
15provided for by law, on July 1, 2007, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $5,000,000 from the General
18Revenue Fund to the Digital Divide Elimination Fund.
19    (yy) In addition to any other transfers that may be
20provided for by law, on July 1, 2007, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $4,000,000 from the General
23Revenue Fund to the Digital Divide Elimination Infrastructure
24Fund.
25    (zz) In addition to any other transfers that may be
26provided for by law, on July 1, 2008, or as soon thereafter as

 

 

SB2217- 70 -LRB100 13147 JWD 27539 b

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $5,000,000 from the General
3Revenue Fund to the Digital Divide Elimination Fund.
4    (aaa) In addition to any other transfers that may be
5provided for by law, on and after July 1, 2008 and until May 1,
62009, at the direction of and upon notification from the
7Governor, the State Comptroller shall direct and the State
8Treasurer shall transfer amounts not exceeding a total of
9$80,000,000 from the General Revenue Fund to the Tobacco
10Settlement Recovery Fund. Any amounts so transferred shall be
11retransferred by the State Comptroller and the State Treasurer
12from the Tobacco Settlement Recovery Fund to the General
13Revenue Fund at the direction of and upon notification from the
14Governor, but in any event on or before June 30, 2009.
15    (bbb) In addition to any other transfers that may be
16provided for by law, on and after July 1, 2008 and until June
1730, 2009, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts from the Illinois Affordable
20Housing Trust Fund to the designated funds not exceeding the
21following amounts:
22        DCFS Children's Services Fund.............$2,200,000
23        Department of Corrections Reimbursement
24        and Education Fund........................$1,500,000
25        Supplemental Low-Income Energy
26        Assistance Fund..............................$75,000

 

 

SB2217- 71 -LRB100 13147 JWD 27539 b

1    (ccc) In addition to any other transfers that may be
2provided for by law, on July 1, 2008, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $7,450,000 from the General
5Revenue Fund to the Presidential Library and Museum Operating
6Fund.
7    (ddd) In addition to any other transfers that may be
8provided for by law, on July 1, 2008, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $1,400,000 from the General
11Revenue Fund to the Violence Prevention Fund.
12    (eee) In addition to any other transfers that may be
13provided for by law, on July 1, 2009, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $5,000,000 from the General
16Revenue Fund to the Digital Divide Elimination Fund.
17    (fff) In addition to any other transfers that may be
18provided for by law, on and after July 1, 2009 and until May 1,
192010, at the direction of and upon notification from the
20Governor, the State Comptroller shall direct and the State
21Treasurer shall transfer amounts not exceeding a total of
22$80,000,000 from the General Revenue Fund to the Tobacco
23Settlement Recovery Fund. Any amounts so transferred shall be
24retransferred by the State Comptroller and the State Treasurer
25from the Tobacco Settlement Recovery Fund to the General
26Revenue Fund at the direction of and upon notification from the

 

 

SB2217- 72 -LRB100 13147 JWD 27539 b

1Governor, but in any event on or before June 30, 2010.
2    (ggg) In addition to any other transfers that may be
3provided for by law, on July 1, 2009, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $7,450,000 from the General
6Revenue Fund to the Presidential Library and Museum Operating
7Fund.
8    (hhh) In addition to any other transfers that may be
9provided for by law, on July 1, 2009, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $1,400,000 from the General
12Revenue Fund to the Violence Prevention Fund.
13    (iii) In addition to any other transfers that may be
14provided for by law, on July 1, 2009, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $100,000 from the General
17Revenue Fund to the Heartsaver AED Fund.
18    (jjj) In addition to any other transfers that may be
19provided for by law, on and after July 1, 2009 and until June
2030, 2010, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts not exceeding a total of
23$17,000,000 from the General Revenue Fund to the DCFS
24Children's Services Fund.
25    (lll) In addition to any other transfers that may be
26provided for by law, on July 1, 2009, or as soon thereafter as

 

 

SB2217- 73 -LRB100 13147 JWD 27539 b

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $5,000,000 from the General
3Revenue Fund to the Communications Revolving Fund.
4    (mmm) In addition to any other transfers that may be
5provided for by law, on July 1, 2009, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $9,700,000 from the General
8Revenue Fund to the Senior Citizens Real Estate Deferred Tax
9Revolving Fund.
10    (nnn) In addition to any other transfers that may be
11provided for by law, on July 1, 2009, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $565,000 from the FY09
14Budget Relief Fund to the Horse Racing Fund.
15    (ooo) In addition to any other transfers that may be
16provided by law, on July 1, 2009, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $600,000 from the General
19Revenue Fund to the Temporary Relocation Expenses Revolving
20Fund.
21    (ppp) In addition to any other transfers that may be
22provided for by law, on July 1, 2010, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $5,000,000 from the General
25Revenue Fund to the Digital Divide Elimination Fund.
26    (qqq) In addition to any other transfers that may be

 

 

SB2217- 74 -LRB100 13147 JWD 27539 b

1provided for by law, on and after July 1, 2010 and until May 1,
22011, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts not exceeding a total of
5$80,000,000 from the General Revenue Fund to the Tobacco
6Settlement Recovery Fund. Any amounts so transferred shall be
7retransferred by the State Comptroller and the State Treasurer
8from the Tobacco Settlement Recovery Fund to the General
9Revenue Fund at the direction of and upon notification from the
10Governor, but in any event on or before June 30, 2011.
11    (rrr) In addition to any other transfers that may be
12provided for by law, on July 1, 2010, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $6,675,000 from the General
15Revenue Fund to the Presidential Library and Museum Operating
16Fund.
17    (sss) In addition to any other transfers that may be
18provided for by law, on July 1, 2010, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $1,400,000 from the General
21Revenue Fund to the Violence Prevention Fund.
22    (ttt) In addition to any other transfers that may be
23provided for by law, on July 1, 2010, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $100,000 from the General
26Revenue Fund to the Heartsaver AED Fund.

 

 

SB2217- 75 -LRB100 13147 JWD 27539 b

1    (uuu) In addition to any other transfers that may be
2provided for by law, on July 1, 2010, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $5,000,000 from the General
5Revenue Fund to the Communications Revolving Fund.
6    (vvv) In addition to any other transfers that may be
7provided for by law, on July 1, 2010, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $3,000,000 from the General
10Revenue Fund to the Illinois Capital Revolving Loan Fund.
11    (www) In addition to any other transfers that may be
12provided for by law, on July 1, 2010, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $17,000,000 from the
15General Revenue Fund to the DCFS Children's Services Fund.
16    (xxx) In addition to any other transfers that may be
17provided for by law, on July 1, 2010, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $2,000,000 from the Digital
20Divide Elimination Infrastructure Fund, of which $1,000,000
21shall go to the Workforce, Technology, and Economic Development
22Fund and $1,000,000 to the Public Utility Fund.
23    (yyy) In addition to any other transfers that may be
24provided for by law, on and after July 1, 2011 and until May 1,
252012, at the direction of and upon notification from the
26Governor, the State Comptroller shall direct and the State

 

 

SB2217- 76 -LRB100 13147 JWD 27539 b

1Treasurer shall transfer amounts not exceeding a total of
2$80,000,000 from the General Revenue Fund to the Tobacco
3Settlement Recovery Fund. Any amounts so transferred shall be
4retransferred by the State Comptroller and the State Treasurer
5from the Tobacco Settlement Recovery Fund to the General
6Revenue Fund at the direction of and upon notification from the
7Governor, but in any event on or before June 30, 2012.
8    (zzz) In addition to any other transfers that may be
9provided for by law, on July 1, 2011, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $1,000,000 from the General
12Revenue Fund to the Illinois Veterans Assistance Fund.
13    (aaaa) In addition to any other transfers that may be
14provided for by law, on July 1, 2011, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $8,000,000 from the General
17Revenue Fund to the Presidential Library and Museum Operating
18Fund.
19    (bbbb) In addition to any other transfers that may be
20provided for by law, on July 1, 2011, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,400,000 from the General
23Revenue Fund to the Violence Prevention Fund.
24    (cccc) In addition to any other transfers that may be
25provided for by law, on July 1, 2011, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

SB2217- 77 -LRB100 13147 JWD 27539 b

1Treasurer shall transfer the sum of $14,100,000 from the
2General Revenue Fund to the State Garage Revolving Fund.
3    (dddd) In addition to any other transfers that may be
4provided for by law, on July 1, 2011, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $4,000,000 from the General
7Revenue Fund to the Digital Divide Elimination Fund.
8    (eeee) In addition to any other transfers that may be
9provided for by law, on July 1, 2011, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $500,000 from the General
12Revenue Fund to the Senior Citizens Real Estate Deferred Tax
13Revolving Fund.
14(Source: P.A. 99-933, eff. 1-27-17.)
 
15    (30 ILCS 105/8g-1)
16    Sec. 8g-1. Fund transfers.
17    (a) In addition to any other transfers that may be provided
18for by law, on and after July 1, 2012 and until May 1, 2013, at
19the direction of and upon notification from the Governor, the
20State Comptroller shall direct and the State Treasurer shall
21transfer amounts not exceeding a total of $80,000,000 from the
22General Revenue Fund to the Tobacco Settlement Recovery Fund.
23Any amounts so transferred shall be retransferred by the State
24Comptroller and the State Treasurer from the Tobacco Settlement
25Recovery Fund to the General Revenue Fund at the direction of

 

 

SB2217- 78 -LRB100 13147 JWD 27539 b

1and upon notification from the Governor, but in any event on or
2before June 30, 2013.
3    (b) In addition to any other transfers that may be provided
4for by law, on and after July 1, 2013 and until May 1, 2014, at
5the direction of and upon notification from the Governor, the
6State Comptroller shall direct and the State Treasurer shall
7transfer amounts not exceeding a total of $80,000,000 from the
8General Revenue Fund to the Tobacco Settlement Recovery Fund.
9Any amounts so transferred shall be retransferred by the State
10Comptroller and the State Treasurer from the Tobacco Settlement
11Recovery Fund to the General Revenue Fund at the direction of
12and upon notification from the Governor, but in any event on or
13before June 30, 2014.
14    (c) In addition to any other transfers that may be provided
15for by law, on July 1, 2013, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $1,400,000 from the General
18Revenue Fund to the ICJIA Violence Prevention Fund.
19    (d) In addition to any other transfers that may be provided
20for by law, on July 1, 2013, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,500,000 from the General
23Revenue Fund to the Illinois Veterans Assistance Fund.
24    (e) In addition to any other transfers that may be provided
25for by law, on July 1, 2013, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

SB2217- 79 -LRB100 13147 JWD 27539 b

1Treasurer shall transfer the sum of $500,000 from the General
2Revenue Fund to the Senior Citizens Real Estate Deferred Tax
3Revolving Fund.
4    (f) In addition to any other transfers that may be provided
5for by law, on July 1, 2013, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $4,000,000 from the General
8Revenue Fund to the Digital Divide Elimination Fund.
9    (g) In addition to any other transfers that may be provided
10for by law, on July 1, 2013, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $5,000,000 from the General
13Revenue Fund to the Communications Revolving Fund.
14    (h) In addition to any other transfers that may be provided
15for by law, on July 1, 2013, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $9,800,000 from the General
18Revenue Fund to the Presidential Library and Museum Operating
19Fund.
20    (i) In addition to any other transfers that may be provided
21for by law, on and after July 1, 2014 and until May 1, 2015, at
22the direction of and upon notification from the Governor, the
23State Comptroller shall direct and the State Treasurer shall
24transfer amounts not exceeding a total of $80,000,000 from the
25General Revenue Fund to the Tobacco Settlement Recovery Fund.
26Any amounts so transferred shall be retransferred by the State

 

 

SB2217- 80 -LRB100 13147 JWD 27539 b

1Comptroller and the State Treasurer from the Tobacco Settlement
2Recovery Fund to the General Revenue Fund at the direction of
3and upon notification from the Governor, but in any event on or
4before June 30, 2015.
5    (j) In addition to any other transfers that may be provided
6for by law, on July 1, 2014, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $10,000,000 from the
9General Revenue Fund to the Presidential Library and Museum
10Operating Fund.
11    (k) In addition to any other transfers that may be provided
12for by law, as soon as may be practical after the effective
13date of this amendatory Act of the 100th General Assembly, the
14State Comptroller shall direct and the State Treasurer shall
15transfer the sum of $1,000,000 from the General Revenue Fund to
16the Grant Accountability and Transparency Fund.
17    (l) In addition to any other transfers that may be provided
18for by law, on July 1, 2017, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $1,000,000 from the General
21Revenue Fund to the Grant Accountability and Transparency Fund.
22    (m) Notwithstanding any other provision of law, in addition
23to any other transfers that may be provided by law, on July 1,
242017, or as soon thereafter as practical, the State Comptroller
25shall direct and the State Treasurer shall transfer the
26remaining balance from the Performance-enhancing Substance

 

 

SB2217- 81 -LRB100 13147 JWD 27539 b

1Testing Fund into the General Revenue Fund. Upon completion of
2the transfers, the Performance-enhancing Substance Testing
3Fund is dissolved, and any future deposits due to that Fund and
4any outstanding obligations or liabilities of that Fund pass to
5the General Revenue Fund.
6(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
798-674, eff. 6-30-14.)
 
8    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
9    Sec. 13.2. Transfers among line item appropriations.
10    (a) Transfers among line item appropriations from the same
11treasury fund for the objects specified in this Section may be
12made in the manner provided in this Section when the balance
13remaining in one or more such line item appropriations is
14insufficient for the purpose for which the appropriation was
15made.
16    (a-1) No transfers may be made from one agency to another
17agency, nor may transfers be made from one institution of
18higher education to another institution of higher education
19except as provided by subsection (a-4).
20    (a-2) Except as otherwise provided in this Section,
21transfers may be made only among the objects of expenditure
22enumerated in this Section, except that no funds may be
23transferred from any appropriation for personal services, from
24any appropriation for State contributions to the State
25Employees' Retirement System, from any separate appropriation

 

 

SB2217- 82 -LRB100 13147 JWD 27539 b

1for employee retirement contributions paid by the employer, nor
2from any appropriation for State contribution for employee
3group insurance. During State fiscal year 2005, an agency may
4transfer amounts among its appropriations within the same
5treasury fund for personal services, employee retirement
6contributions paid by employer, and State Contributions to
7retirement systems; notwithstanding and in addition to the
8transfers authorized in subsection (c) of this Section, the
9fiscal year 2005 transfers authorized in this sentence may be
10made in an amount not to exceed 2% of the aggregate amount
11appropriated to an agency within the same treasury fund. During
12State fiscal year 2007, the Departments of Children and Family
13Services, Corrections, Human Services, and Juvenile Justice
14may transfer amounts among their respective appropriations
15within the same treasury fund for personal services, employee
16retirement contributions paid by employer, and State
17contributions to retirement systems. During State fiscal year
182010, the Department of Transportation may transfer amounts
19among their respective appropriations within the same treasury
20fund for personal services, employee retirement contributions
21paid by employer, and State contributions to retirement
22systems. During State fiscal years 2010 and 2014 only, an
23agency may transfer amounts among its respective
24appropriations within the same treasury fund for personal
25services, employee retirement contributions paid by employer,
26and State contributions to retirement systems.

 

 

SB2217- 83 -LRB100 13147 JWD 27539 b

1Notwithstanding, and in addition to, the transfers authorized
2in subsection (c) of this Section, these transfers may be made
3in an amount not to exceed 2% of the aggregate amount
4appropriated to an agency within the same treasury fund.
5    (a-2.5) During State fiscal year 2015 only, the State's
6Attorneys Appellate Prosecutor may transfer amounts among its
7respective appropriations contained in operational line items
8within the same treasury fund. Notwithstanding, and in addition
9to, the transfers authorized in subsection (c) of this Section,
10these transfers may be made in an amount not to exceed 4% of
11the aggregate amount appropriated to the State's Attorneys
12Appellate Prosecutor within the same treasury fund.
13    (a-3) Further, if an agency receives a separate
14appropriation for employee retirement contributions paid by
15the employer, any transfer by that agency into an appropriation
16for personal services must be accompanied by a corresponding
17transfer into the appropriation for employee retirement
18contributions paid by the employer, in an amount sufficient to
19meet the employer share of the employee contributions required
20to be remitted to the retirement system.
21    (a-4) Long-Term Care Rebalancing. The Governor may
22designate amounts set aside for institutional services
23appropriated from the General Revenue Fund or any other State
24fund that receives monies for long-term care services to be
25transferred to all State agencies responsible for the
26administration of community-based long-term care programs,

 

 

SB2217- 84 -LRB100 13147 JWD 27539 b

1including, but not limited to, community-based long-term care
2programs administered by the Department of Healthcare and
3Family Services, the Department of Human Services, and the
4Department on Aging, provided that the Director of Healthcare
5and Family Services first certifies that the amounts being
6transferred are necessary for the purpose of assisting persons
7in or at risk of being in institutional care to transition to
8community-based settings, including the financial data needed
9to prove the need for the transfer of funds. The total amounts
10transferred shall not exceed 4% in total of the amounts
11appropriated from the General Revenue Fund or any other State
12fund that receives monies for long-term care services for each
13fiscal year. A notice of the fund transfer must be made to the
14General Assembly and posted at a minimum on the Department of
15Healthcare and Family Services website, the Governor's Office
16of Management and Budget website, and any other website the
17Governor sees fit. These postings shall serve as notice to the
18General Assembly of the amounts to be transferred. Notice shall
19be given at least 30 days prior to transfer.
20    (b) In addition to the general transfer authority provided
21under subsection (c), the following agencies have the specific
22transfer authority granted in this subsection:
23    The Department of Healthcare and Family Services is
24authorized to make transfers representing savings attributable
25to not increasing grants due to the births of additional
26children from line items for payments of cash grants to line

 

 

SB2217- 85 -LRB100 13147 JWD 27539 b

1items for payments for employment and social services for the
2purposes outlined in subsection (f) of Section 4-2 of the
3Illinois Public Aid Code.
4    The Department of Children and Family Services is
5authorized to make transfers not exceeding 2% of the aggregate
6amount appropriated to it within the same treasury fund for the
7following line items among these same line items: Foster Home
8and Specialized Foster Care and Prevention, Institutions and
9Group Homes and Prevention, and Purchase of Adoption and
10Guardianship Services.
11    The Department on Aging is authorized to make transfers not
12exceeding 2% of the aggregate amount appropriated to it within
13the same treasury fund for the following Community Care Program
14line items among these same line items: purchase of services
15covered by the Community Care Program and Comprehensive Case
16Coordination.
17    The State Treasurer is authorized to make transfers among
18line item appropriations from the Capital Litigation Trust
19Fund, with respect to costs incurred in fiscal years 2002 and
202003 only, when the balance remaining in one or more such line
21item appropriations is insufficient for the purpose for which
22the appropriation was made, provided that no such transfer may
23be made unless the amount transferred is no longer required for
24the purpose for which that appropriation was made.
25    The State Board of Education is authorized to make
26transfers from line item appropriations within the same

 

 

SB2217- 86 -LRB100 13147 JWD 27539 b

1treasury fund for General State Aid and General State Aid -
2Hold Harmless, provided that no such transfer may be made
3unless the amount transferred is no longer required for the
4purpose for which that appropriation was made, to the line item
5appropriation for Transitional Assistance when the balance
6remaining in such line item appropriation is insufficient for
7the purpose for which the appropriation was made.
8    The State Board of Education is authorized to make
9transfers between the following line item appropriations
10within the same treasury fund: Disabled Student
11Services/Materials (Section 14-13.01 of the School Code),
12Disabled Student Transportation Reimbursement (Section
1314-13.01 of the School Code), Disabled Student Tuition -
14Private Tuition (Section 14-7.02 of the School Code),
15Extraordinary Special Education (Section 14-7.02b of the
16School Code), Reimbursement for Free Lunch/Breakfast Program,
17Summer School Payments (Section 18-4.3 of the School Code), and
18Transportation - Regular/Vocational Reimbursement (Section
1929-5 of the School Code). Such transfers shall be made only
20when the balance remaining in one or more such line item
21appropriations is insufficient for the purpose for which the
22appropriation was made and provided that no such transfer may
23be made unless the amount transferred is no longer required for
24the purpose for which that appropriation was made.
25    The Department of Healthcare and Family Services is
26authorized to make transfers not exceeding 4% of the aggregate

 

 

SB2217- 87 -LRB100 13147 JWD 27539 b

1amount appropriated to it, within the same treasury fund, among
2the various line items appropriated for Medical Assistance.
3    (c) The sum of such transfers for an agency in a fiscal
4year shall not exceed 2% of the aggregate amount appropriated
5to it within the same treasury fund for the following objects:
6Personal Services; Extra Help; Student and Inmate
7Compensation; State Contributions to Retirement Systems; State
8Contributions to Social Security; State Contribution for
9Employee Group Insurance; Contractual Services; Travel;
10Commodities; Printing; Equipment; Electronic Data Processing;
11Operation of Automotive Equipment; Telecommunications
12Services; Travel and Allowance for Committed, Paroled and
13Discharged Prisoners; Library Books; Federal Matching Grants
14for Student Loans; Refunds; Workers' Compensation,
15Occupational Disease, and Tort Claims; and, in appropriations
16to institutions of higher education, Awards and Grants.
17Notwithstanding the above, any amounts appropriated for
18payment of workers' compensation claims to an agency to which
19the authority to evaluate, administer and pay such claims has
20been delegated by the Department of Central Management Services
21may be transferred to any other expenditure object where such
22amounts exceed the amount necessary for the payment of such
23claims.
24    (c-1) Special provisions for State fiscal year 2003.
25Notwithstanding any other provision of this Section to the
26contrary, for State fiscal year 2003 only, transfers among line

 

 

SB2217- 88 -LRB100 13147 JWD 27539 b

1item appropriations to an agency from the same treasury fund
2may be made provided that the sum of such transfers for an
3agency in State fiscal year 2003 shall not exceed 3% of the
4aggregate amount appropriated to that State agency for State
5fiscal year 2003 for the following objects: personal services,
6except that no transfer may be approved which reduces the
7aggregate appropriations for personal services within an
8agency; extra help; student and inmate compensation; State
9contributions to retirement systems; State contributions to
10social security; State contributions for employee group
11insurance; contractual services; travel; commodities;
12printing; equipment; electronic data processing; operation of
13automotive equipment; telecommunications services; travel and
14allowance for committed, paroled, and discharged prisoners;
15library books; federal matching grants for student loans;
16refunds; workers' compensation, occupational disease, and tort
17claims; and, in appropriations to institutions of higher
18education, awards and grants.
19    (c-2) Special provisions for State fiscal year 2005.
20Notwithstanding subsections (a), (a-2), and (c), for State
21fiscal year 2005 only, transfers may be made among any line
22item appropriations from the same or any other treasury fund
23for any objects or purposes, without limitation, when the
24balance remaining in one or more such line item appropriations
25is insufficient for the purpose for which the appropriation was
26made, provided that the sum of those transfers by a State

 

 

SB2217- 89 -LRB100 13147 JWD 27539 b

1agency shall not exceed 4% of the aggregate amount appropriated
2to that State agency for fiscal year 2005.
3    (c-3) Special provisions for State fiscal year 2015.
4Notwithstanding any other provision of this Section, for State
5fiscal year 2015, transfers among line item appropriations to a
6State agency from the same State treasury fund may be made for
7operational or lump sum expenses only, provided that the sum of
8such transfers for a State agency in State fiscal year 2015
9shall not exceed 4% of the aggregate amount appropriated to
10that State agency for operational or lump sum expenses for
11State fiscal year 2015. For the purpose of this subsection,
12"operational or lump sum expenses" includes the following
13objects: personal services; extra help; student and inmate
14compensation; State contributions to retirement systems; State
15contributions to social security; State contributions for
16employee group insurance; contractual services; travel;
17commodities; printing; equipment; electronic data processing;
18operation of automotive equipment; telecommunications
19services; travel and allowance for committed, paroled, and
20discharged prisoners; library books; federal matching grants
21for student loans; refunds; workers' compensation,
22occupational disease, and tort claims; lump sum and other
23purposes; and lump sum operations. For the purpose of this
24subsection (c-3), "State agency" does not include the Attorney
25General, the Secretary of State, the Comptroller, the
26Treasurer, or the legislative or judicial branches.

 

 

SB2217- 90 -LRB100 13147 JWD 27539 b

1    (c-4) Special provisions for State fiscal year 2018.
2Notwithstanding any other provision of this Section, for State
3fiscal year 2018, transfers among line item appropriations to a
4State agency from the same State treasury fund may be made for
5operational or lump sum expenses only. The sum of such
6transfers for a State agency in State fiscal year 2018 shall
7not exceed 4% of the aggregate amount appropriated to that
8State agency for operational or lump sum expenses for State
9fiscal year 2018. For the purpose of this subsection (c-4),
10"operational or lump sum expenses" includes the following
11objects: personal services; extra help; student and inmate
12compensation; State contributions to retirement systems; State
13contributions to social security; State contributions for
14employee group insurance; contractual services; travel;
15commodities; printing; equipment; electronic data processing;
16operation of automotive equipment; telecommunications
17services; travel and allowance for committed, paroled, and
18discharged prisoners; library books; federal matching grants
19for student loans; refunds; workers' compensation,
20occupational disease, and tort claims; lump sum and other
21purposes; and lump sum operations. For the purpose of this
22subsection (c-4), "State agency" does not include the Attorney
23General, the Secretary of State, the Comptroller, the
24Treasurer, or the legislative or judicial branches.
25    (d) Transfers among appropriations made to agencies of the
26Legislative and Judicial departments and to the

 

 

SB2217- 91 -LRB100 13147 JWD 27539 b

1constitutionally elected officers in the Executive branch
2require the approval of the officer authorized in Section 10 of
3this Act to approve and certify vouchers. Transfers among
4appropriations made to the University of Illinois, Southern
5Illinois University, Chicago State University, Eastern
6Illinois University, Governors State University, Illinois
7State University, Northeastern Illinois University, Northern
8Illinois University, Western Illinois University, the Illinois
9Mathematics and Science Academy and the Board of Higher
10Education require the approval of the Board of Higher Education
11and the Governor. Transfers among appropriations to all other
12agencies require the approval of the Governor.
13    The officer responsible for approval shall certify that the
14transfer is necessary to carry out the programs and purposes
15for which the appropriations were made by the General Assembly
16and shall transmit to the State Comptroller a certified copy of
17the approval which shall set forth the specific amounts
18transferred so that the Comptroller may change his records
19accordingly. The Comptroller shall furnish the Governor with
20information copies of all transfers approved for agencies of
21the Legislative and Judicial departments and transfers
22approved by the constitutionally elected officials of the
23Executive branch other than the Governor, showing the amounts
24transferred and indicating the dates such changes were entered
25on the Comptroller's records.
26    (e) The State Board of Education, in consultation with the

 

 

SB2217- 92 -LRB100 13147 JWD 27539 b

1State Comptroller, may transfer line item appropriations for
2General State Aid between the Common School Fund and the
3Education Assistance Fund. With the advice and consent of the
4Governor's Office of Management and Budget, the State Board of
5Education, in consultation with the State Comptroller, may
6transfer line item appropriations between the General Revenue
7Fund and the Education Assistance Fund for the following
8programs:
9        (1) Disabled Student Personnel Reimbursement (Section
10    14-13.01 of the School Code);
11        (2) Disabled Student Transportation Reimbursement
12    (subsection (b) of Section 14-13.01 of the School Code);
13        (3) Disabled Student Tuition - Private Tuition
14    (Section 14-7.02 of the School Code);
15        (4) Extraordinary Special Education (Section 14-7.02b
16    of the School Code);
17        (5) Reimbursement for Free Lunch/Breakfast Programs;
18        (6) Summer School Payments (Section 18-4.3 of the
19    School Code);
20        (7) Transportation - Regular/Vocational Reimbursement
21    (Section 29-5 of the School Code);
22        (8) Regular Education Reimbursement (Section 18-3 of
23    the School Code); and
24        (9) Special Education Reimbursement (Section 14-7.03
25    of the School Code).
26(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,

 

 

SB2217- 93 -LRB100 13147 JWD 27539 b

1eff. 3-26-15.)
 
2    (30 ILCS 105/25)  (from Ch. 127, par. 161)
3    Sec. 25. Fiscal year limitations.
4    (a) All appropriations shall be available for expenditure
5for the fiscal year or for a lesser period if the Act making
6that appropriation so specifies. A deficiency or emergency
7appropriation shall be available for expenditure only through
8June 30 of the year when the Act making that appropriation is
9enacted unless that Act otherwise provides.
10    (b) Outstanding liabilities as of June 30, payable from
11appropriations which have otherwise expired, may be paid out of
12the expiring appropriations during the 2-month period ending at
13the close of business on August 31. Any service involving
14professional or artistic skills or any personal services by an
15employee whose compensation is subject to income tax
16withholding must be performed as of June 30 of the fiscal year
17in order to be considered an "outstanding liability as of June
1830" that is thereby eligible for payment out of the expiring
19appropriation.
20    (b-1) However, payment of tuition reimbursement claims
21under Section 14-7.03 or 18-3 of the School Code may be made by
22the State Board of Education from its appropriations for those
23respective purposes for any fiscal year, even though the claims
24reimbursed by the payment may be claims attributable to a prior
25fiscal year, and payments may be made at the direction of the

 

 

SB2217- 94 -LRB100 13147 JWD 27539 b

1State Superintendent of Education from the fund from which the
2appropriation is made without regard to any fiscal year
3limitations, except as required by subsection (j) of this
4Section. Beginning on June 30, 2021, payment of tuition
5reimbursement claims under Section 14-7.03 or 18-3 of the
6School Code as of June 30, payable from appropriations that
7have otherwise expired, may be paid out of the expiring
8appropriation during the 4-month period ending at the close of
9business on October 31.
10    (b-2) All outstanding liabilities as of June 30, 2010,
11payable from appropriations that would otherwise expire at the
12conclusion of the lapse period for fiscal year 2010, and
13interest penalties payable on those liabilities under the State
14Prompt Payment Act, may be paid out of the expiring
15appropriations until December 31, 2010, without regard to the
16fiscal year in which the payment is made, as long as vouchers
17for the liabilities are received by the Comptroller no later
18than August 31, 2010.
19    (b-2.5) All outstanding liabilities as of June 30, 2011,
20payable from appropriations that would otherwise expire at the
21conclusion of the lapse period for fiscal year 2011, and
22interest penalties payable on those liabilities under the State
23Prompt Payment Act, may be paid out of the expiring
24appropriations until December 31, 2011, without regard to the
25fiscal year in which the payment is made, as long as vouchers
26for the liabilities are received by the Comptroller no later

 

 

SB2217- 95 -LRB100 13147 JWD 27539 b

1than August 31, 2011.
2    (b-2.6) All outstanding liabilities as of June 30, 2012,
3payable from appropriations that would otherwise expire at the
4conclusion of the lapse period for fiscal year 2012, and
5interest penalties payable on those liabilities under the State
6Prompt Payment Act, may be paid out of the expiring
7appropriations until December 31, 2012, without regard to the
8fiscal year in which the payment is made, as long as vouchers
9for the liabilities are received by the Comptroller no later
10than August 31, 2012.
11    (b-2.6a) All outstanding liabilities as of June 30, 2017,
12payable from appropriations that would otherwise expire at the
13conclusion of the lapse period for fiscal year 2017, and
14interest penalties payable on those liabilities under the State
15Prompt Payment Act, may be paid out of the expiring
16appropriations until December 31, 2017, without regard to the
17fiscal year in which the payment is made, as long as vouchers
18for the liabilities are received by the Comptroller no later
19than September 30, 2017.
20    (b-2.7) For fiscal years 2012, 2013, and 2014, interest
21penalties payable under the State Prompt Payment Act associated
22with a voucher for which payment is issued after June 30 may be
23paid out of the next fiscal year's appropriation. The future
24year appropriation must be for the same purpose and from the
25same fund as the original payment. An interest penalty voucher
26submitted against a future year appropriation must be submitted

 

 

SB2217- 96 -LRB100 13147 JWD 27539 b

1within 60 days after the issuance of the associated voucher,
2and the Comptroller must issue the interest payment within 60
3days after acceptance of the interest voucher.
4    (b-3) Medical payments may be made by the Department of
5Veterans' Affairs from its appropriations for those purposes
6for any fiscal year, without regard to the fact that the
7medical services being compensated for by such payment may have
8been rendered in a prior fiscal year, except as required by
9subsection (j) of this Section. Beginning on June 30, 2021,
10medical payments payable from appropriations that have
11otherwise expired may be paid out of the expiring appropriation
12during the 4-month period ending at the close of business on
13October 31.
14    (b-4) Medical payments and child care payments may be made
15by the Department of Human Services (as successor to the
16Department of Public Aid) from appropriations for those
17purposes for any fiscal year, without regard to the fact that
18the medical or child care services being compensated for by
19such payment may have been rendered in a prior fiscal year; and
20payments may be made at the direction of the Department of
21Healthcare and Family Services (or successor agency) from the
22Health Insurance Reserve Fund without regard to any fiscal year
23limitations, except as required by subsection (j) of this
24Section. Beginning on June 30, 2021, medical and child care
25payments made by the Department of Human Services and payments
26made at the discretion of the Department of Healthcare and

 

 

SB2217- 97 -LRB100 13147 JWD 27539 b

1Family Services (or successor agency) from the Health Insurance
2Reserve Fund and payable from appropriations that have
3otherwise expired may be paid out of the expiring appropriation
4during the 4-month period ending at the close of business on
5October 31.
6    (b-5) Medical payments may be made by the Department of
7Human Services from its appropriations relating to substance
8abuse treatment services for any fiscal year, without regard to
9the fact that the medical services being compensated for by
10such payment may have been rendered in a prior fiscal year,
11provided the payments are made on a fee-for-service basis
12consistent with requirements established for Medicaid
13reimbursement by the Department of Healthcare and Family
14Services, except as required by subsection (j) of this Section.
15Beginning on June 30, 2021, medical payments made by the
16Department of Human Services relating to substance abuse
17treatment services payable from appropriations that have
18otherwise expired may be paid out of the expiring appropriation
19during the 4-month period ending at the close of business on
20October 31.
21    (b-6) Additionally, payments may be made by the Department
22of Human Services from its appropriations, or any other State
23agency from its appropriations with the approval of the
24Department of Human Services, from the Immigration Reform and
25Control Fund for purposes authorized pursuant to the
26Immigration Reform and Control Act of 1986, without regard to

 

 

SB2217- 98 -LRB100 13147 JWD 27539 b

1any fiscal year limitations, except as required by subsection
2(j) of this Section. Beginning on June 30, 2021, payments made
3by the Department of Human Services from the Immigration Reform
4and Control Fund for purposes authorized pursuant to the
5Immigration Reform and Control Act of 1986 payable from
6appropriations that have otherwise expired may be paid out of
7the expiring appropriation during the 4-month period ending at
8the close of business on October 31.
9    (b-7) Payments may be made in accordance with a plan
10authorized by paragraph (11) or (12) of Section 405-105 of the
11Department of Central Management Services Law from
12appropriations for those payments without regard to fiscal year
13limitations.
14    (b-8) Reimbursements to eligible airport sponsors for the
15construction or upgrading of Automated Weather Observation
16Systems may be made by the Department of Transportation from
17appropriations for those purposes for any fiscal year, without
18regard to the fact that the qualification or obligation may
19have occurred in a prior fiscal year, provided that at the time
20the expenditure was made the project had been approved by the
21Department of Transportation prior to June 1, 2012 and, as a
22result of recent changes in federal funding formulas, can no
23longer receive federal reimbursement.
24    (b-9) Medical payments not exceeding $150,000,000 may be
25made by the Department on Aging from its appropriations
26relating to the Community Care Program for fiscal year 2014,

 

 

SB2217- 99 -LRB100 13147 JWD 27539 b

1without regard to the fact that the medical services being
2compensated for by such payment may have been rendered in a
3prior fiscal year, provided the payments are made on a
4fee-for-service basis consistent with requirements established
5for Medicaid reimbursement by the Department of Healthcare and
6Family Services, except as required by subsection (j) of this
7Section.
8    (c) Further, payments may be made by the Department of
9Public Health and the Department of Human Services (acting as
10successor to the Department of Public Health under the
11Department of Human Services Act) from their respective
12appropriations for grants for medical care to or on behalf of
13premature and high-mortality risk infants and their mothers and
14for grants for supplemental food supplies provided under the
15United States Department of Agriculture Women, Infants and
16Children Nutrition Program, for any fiscal year without regard
17to the fact that the services being compensated for by such
18payment may have been rendered in a prior fiscal year, except
19as required by subsection (j) of this Section. Beginning on
20June 30, 2021, payments made by the Department of Public Health
21and the Department of Human Services from their respective
22appropriations for grants for medical care to or on behalf of
23premature and high-mortality risk infants and their mothers and
24for grants for supplemental food supplies provided under the
25United States Department of Agriculture Women, Infants and
26Children Nutrition Program payable from appropriations that

 

 

SB2217- 100 -LRB100 13147 JWD 27539 b

1have otherwise expired may be paid out of the expiring
2appropriations during the 4-month period ending at the close of
3business on October 31.
4    (d) The Department of Public Health and the Department of
5Human Services (acting as successor to the Department of Public
6Health under the Department of Human Services Act) shall each
7annually submit to the State Comptroller, Senate President,
8Senate Minority Leader, Speaker of the House, House Minority
9Leader, and the respective Chairmen and Minority Spokesmen of
10the Appropriations Committees of the Senate and the House, on
11or before December 31, a report of fiscal year funds used to
12pay for services provided in any prior fiscal year. This report
13shall document by program or service category those
14expenditures from the most recently completed fiscal year used
15to pay for services provided in prior fiscal years.
16    (e) The Department of Healthcare and Family Services, the
17Department of Human Services (acting as successor to the
18Department of Public Aid), and the Department of Human Services
19making fee-for-service payments relating to substance abuse
20treatment services provided during a previous fiscal year shall
21each annually submit to the State Comptroller, Senate
22President, Senate Minority Leader, Speaker of the House, House
23Minority Leader, the respective Chairmen and Minority
24Spokesmen of the Appropriations Committees of the Senate and
25the House, on or before November 30, a report that shall
26document by program or service category those expenditures from

 

 

SB2217- 101 -LRB100 13147 JWD 27539 b

1the most recently completed fiscal year used to pay for (i)
2services provided in prior fiscal years and (ii) services for
3which claims were received in prior fiscal years.
4    (f) The Department of Human Services (as successor to the
5Department of Public Aid) shall annually submit to the State
6Comptroller, Senate President, Senate Minority Leader, Speaker
7of the House, House Minority Leader, and the respective
8Chairmen and Minority Spokesmen of the Appropriations
9Committees of the Senate and the House, on or before December
1031, a report of fiscal year funds used to pay for services
11(other than medical care) provided in any prior fiscal year.
12This report shall document by program or service category those
13expenditures from the most recently completed fiscal year used
14to pay for services provided in prior fiscal years.
15    (g) In addition, each annual report required to be
16submitted by the Department of Healthcare and Family Services
17under subsection (e) shall include the following information
18with respect to the State's Medicaid program:
19        (1) Explanations of the exact causes of the variance
20    between the previous year's estimated and actual
21    liabilities.
22        (2) Factors affecting the Department of Healthcare and
23    Family Services' liabilities, including but not limited to
24    numbers of aid recipients, levels of medical service
25    utilization by aid recipients, and inflation in the cost of
26    medical services.

 

 

SB2217- 102 -LRB100 13147 JWD 27539 b

1        (3) The results of the Department's efforts to combat
2    fraud and abuse.
3    (h) As provided in Section 4 of the General Assembly
4Compensation Act, any utility bill for service provided to a
5General Assembly member's district office for a period
6including portions of 2 consecutive fiscal years may be paid
7from funds appropriated for such expenditure in either fiscal
8year.
9    (i) An agency which administers a fund classified by the
10Comptroller as an internal service fund may issue rules for:
11        (1) billing user agencies in advance for payments or
12    authorized inter-fund transfers based on estimated charges
13    for goods or services;
14        (2) issuing credits, refunding through inter-fund
15    transfers, or reducing future inter-fund transfers during
16    the subsequent fiscal year for all user agency payments or
17    authorized inter-fund transfers received during the prior
18    fiscal year which were in excess of the final amounts owed
19    by the user agency for that period; and
20        (3) issuing catch-up billings to user agencies during
21    the subsequent fiscal year for amounts remaining due when
22    payments or authorized inter-fund transfers received from
23    the user agency during the prior fiscal year were less than
24    the total amount owed for that period.
25User agencies are authorized to reimburse internal service
26funds for catch-up billings by vouchers drawn against their

 

 

SB2217- 103 -LRB100 13147 JWD 27539 b

1respective appropriations for the fiscal year in which the
2catch-up billing was issued or by increasing an authorized
3inter-fund transfer during the current fiscal year. For the
4purposes of this Act, "inter-fund transfers" means transfers
5without the use of the voucher-warrant process, as authorized
6by Section 9.01 of the State Comptroller Act.
7    (i-1) Beginning on July 1, 2021, all outstanding
8liabilities, not payable during the 4-month lapse period as
9described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
10(c) of this Section, that are made from appropriations for that
11purpose for any fiscal year, without regard to the fact that
12the services being compensated for by those payments may have
13been rendered in a prior fiscal year, are limited to only those
14claims that have been incurred but for which a proper bill or
15invoice as defined by the State Prompt Payment Act has not been
16received by September 30th following the end of the fiscal year
17in which the service was rendered.
18    (j) Notwithstanding any other provision of this Act, the
19aggregate amount of payments to be made without regard for
20fiscal year limitations as contained in subsections (b-1),
21(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
22determined by using Generally Accepted Accounting Principles,
23shall not exceed the following amounts:
24        (1) $6,000,000,000 for outstanding liabilities related
25    to fiscal year 2012;
26        (2) $5,300,000,000 for outstanding liabilities related

 

 

SB2217- 104 -LRB100 13147 JWD 27539 b

1    to fiscal year 2013;
2        (3) $4,600,000,000 for outstanding liabilities related
3    to fiscal year 2014;
4        (4) $4,000,000,000 for outstanding liabilities related
5    to fiscal year 2015;
6        (5) $3,300,000,000 for outstanding liabilities related
7    to fiscal year 2016;
8        (6) $2,600,000,000 for outstanding liabilities related
9    to fiscal year 2017;
10        (7) $2,000,000,000 for outstanding liabilities related
11    to fiscal year 2018;
12        (8) $1,300,000,000 for outstanding liabilities related
13    to fiscal year 2019;
14        (9) $600,000,000 for outstanding liabilities related
15    to fiscal year 2020; and
16        (10) $0 for outstanding liabilities related to fiscal
17    year 2021 and fiscal years thereafter.
18    (k) Department of Healthcare and Family Services Medical
19Assistance Payments.
20        (1) Definition of Medical Assistance.
21            For purposes of this subsection, the term "Medical
22        Assistance" shall include, but not necessarily be
23        limited to, medical programs and services authorized
24        under Titles XIX and XXI of the Social Security Act,
25        the Illinois Public Aid Code, the Children's Health
26        Insurance Program Act, the Covering ALL KIDS Health

 

 

SB2217- 105 -LRB100 13147 JWD 27539 b

1        Insurance Act, the Long Term Acute Care Hospital
2        Quality Improvement Transfer Program Act, and medical
3        care to or on behalf of persons suffering from chronic
4        renal disease, persons suffering from hemophilia, and
5        victims of sexual assault.
6        (2) Limitations on Medical Assistance payments that
7    may be paid from future fiscal year appropriations.
8            (A) The maximum amounts of annual unpaid Medical
9        Assistance bills received and recorded by the
10        Department of Healthcare and Family Services on or
11        before June 30th of a particular fiscal year
12        attributable in aggregate to the General Revenue Fund,
13        Healthcare Provider Relief Fund, Tobacco Settlement
14        Recovery Fund, Long-Term Care Provider Fund, and the
15        Drug Rebate Fund that may be paid in total by the
16        Department from future fiscal year Medical Assistance
17        appropriations to those funds are: $700,000,000 for
18        fiscal year 2013 and $100,000,000 for fiscal year 2014
19        and each fiscal year thereafter.
20            (B) Bills for Medical Assistance services rendered
21        in a particular fiscal year, but received and recorded
22        by the Department of Healthcare and Family Services
23        after June 30th of that fiscal year, may be paid from
24        either appropriations for that fiscal year or future
25        fiscal year appropriations for Medical Assistance.
26        Such payments shall not be subject to the requirements

 

 

SB2217- 106 -LRB100 13147 JWD 27539 b

1        of subparagraph (A).
2            (C) Medical Assistance bills received by the
3        Department of Healthcare and Family Services in a
4        particular fiscal year, but subject to payment amount
5        adjustments in a future fiscal year may be paid from a
6        future fiscal year's appropriation for Medical
7        Assistance. Such payments shall not be subject to the
8        requirements of subparagraph (A).
9            (D) Medical Assistance payments made by the
10        Department of Healthcare and Family Services from
11        funds other than those specifically referenced in
12        subparagraph (A) may be made from appropriations for
13        those purposes for any fiscal year without regard to
14        the fact that the Medical Assistance services being
15        compensated for by such payment may have been rendered
16        in a prior fiscal year. Such payments shall not be
17        subject to the requirements of subparagraph (A).
18        (3) Extended lapse period for Department of Healthcare
19    and Family Services Medical Assistance payments.
20    Notwithstanding any other State law to the contrary,
21    outstanding Department of Healthcare and Family Services
22    Medical Assistance liabilities, as of June 30th, payable
23    from appropriations which have otherwise expired, may be
24    paid out of the expiring appropriations during the 6-month
25    period ending at the close of business on December 31st.
26    (l) The changes to this Section made by Public Act 97-691

 

 

SB2217- 107 -LRB100 13147 JWD 27539 b

1shall be effective for payment of Medical Assistance bills
2incurred in fiscal year 2013 and future fiscal years. The
3changes to this Section made by Public Act 97-691 shall not be
4applied to Medical Assistance bills incurred in fiscal year
52012 or prior fiscal years.
6    (m) The Comptroller must issue payments against
7outstanding liabilities that were received prior to the lapse
8period deadlines set forth in this Section as soon thereafter
9as practical, but no payment may be issued after the 4 months
10following the lapse period deadline without the signed
11authorization of the Comptroller and the Governor.
12(Source: P.A. 97-75, eff. 6-30-11; 97-333, eff. 8-12-11;
1397-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, eff.
148-10-12; 98-8, eff. 5-3-13; 98-24, eff. 6-19-13; 98-215, eff.
158-9-13; 98-463, eff. 8-16-13; 98-756, eff. 7-16-14.)
 
16    (30 ILCS 105/50 new)
17    Sec. 50. Designation of contingency reserves. For the
18purposes of balancing the State's budget, the Governor may
19designate, by written notice to the Comptroller, a contingency
20reserve from the amounts appropriated from funds held by the
21Treasurer for the State's fiscal years 2018 through 2021 to any
22agency, including without limitation amounts appropriated
23pursuant to a statutory continuing appropriation; provided,
24however, that the Governor may not designate amounts to be set
25aside as a contingency reserve from amounts that have been

 

 

SB2217- 108 -LRB100 13147 JWD 27539 b

1appropriated (i) for payment of debt service, (ii) to the State
2Board of Education for evidence-based funding to the common
3schools pursuant to Section 18-8.15 of the School Code, (iii)
4to the State Board of Education for grants or aid for early
5childhood education, (iv) for contributions to the State
6retirement systems governed by Articles 2, 14, 15, 16, or 18 of
7the Illinois Pension Code, or (v) to the Attorney General,
8Secretary of State, Treasurer, Comptroller, or any legislative
9or judicial branch agency or office.
 
10    (30 ILCS 105/51 new)
11    Sec. 51. Cash flow borrowing and general funds liquidity;
12FY18-FY19.
13    (a) In order to meet cash flow deficits and to maintain
14liquidity in the Healthcare Provider Relief Fund, on and after
15July 1, 2017 and through June 30, 2019, the State Treasurer and
16the State Comptroller shall make transfers to the Healthcare
17Provider Relief Fund, as directed by the Governor from time to
18time, in amounts not to exceed the total set forth below for
19each fund:
20    Open Space Lands Acquisition and
21        Development Fund..........................$55,000,000
22    School Infrastructure Fund...................$101,000,000
23    Supplemental Low-Income Energy Assistance Fund.$86,200,000
24    (b) If moneys have been transferred to Healthcare Provider
25Relief Fund pursuant to subsection (a), this amendatory Act of

 

 

SB2217- 109 -LRB100 13147 JWD 27539 b

1the 100th General Assembly shall constitute the continuing
2authority for and direction to the State Treasurer and State
3Comptroller to reimburse the funds of origin from the
4Healthcare Provider Relief Fund by transferring to the funds of
5origin, at such times and in such amounts as directed by the
6Governor when necessary to support appropriated expenditures
7from the funds, but in any event no later than June 30, 2021,
8an amount equal to 50% of that transferred from them plus any
9interest that would have accrued thereon had the transfer not
10occurred. When any of the funds from which moneys have been
11transferred pursuant to subsection (a) have insufficient cash
12from which the State Comptroller may make expenditures properly
13supported by appropriations from the fund, then the State
14Treasurer and State Comptroller shall transfer from the
15Healthcare Provider Relief Fund to the fund only such amount as
16is immediately necessary to satisfy outstanding expenditure
17obligations on a timely basis.
18    (c) During State fiscal years 2018 through 2021, until such
19time as a report indicates that all moneys borrowed and
20interest pursuant to this Section have been repaid, the report
21filed under Section 7.2 of the Governor's Office of Management
22and Budget Act shall contain, in addition to the information
23otherwise required, information on all transfers made pursuant
24to this Section, including all of the following:
25        (1) The date each transfer was made.
26        (2) The amount of each transfer.

 

 

SB2217- 110 -LRB100 13147 JWD 27539 b

1        (3) In the case of a transfer from the Healthcare
2    Provider Relief Fund to a fund of origin pursuant to
3    subsection (b), the amount of interest being paid to the
4    fund of origin.
5        (4) The end of day balance of both the fund of origin
6    and the Healthcare Provider Relief Fund on the date the
7    transfer was made.
 
8    Section 5-20. The State Revenue Sharing Act is amended by
9changing Sections 11 and 12 as follows:
 
10    (30 ILCS 115/11)  (from Ch. 85, par. 615)
11    Sec. 11. Overpayments.
12    (a) Except as otherwise provided in subsection (b), upon
13Upon determination by the Department of Revenue that an amount
14has been paid pursuant to this Act in excess of the amount to
15which the county, municipality or taxing district receiving
16such payment was entitled, the county, municipality or taxing
17district shall, upon demand by the Department of Revenue, repay
18such amount. If such repayment is not made within a reasonable
19time, the Department of Revenue shall withhold from future
20payments an amount equal to such overpayment. If the
21appropriation from which such payment was originally made has
22not lapsed, the Department of Revenue shall redistribute the
23amount of such payment to the county, municipality, or taxing
24district entitled thereto. If the appropriation has lapsed, the

 

 

SB2217- 111 -LRB100 13147 JWD 27539 b

1repayment shall be deposited in the General Revenue Fund in the
2State Treasury.
3    (b) For any overpayment identified by the Department of
4Revenue during State fiscal year 2016 to have been paid
5pursuant to this Act in excess of the amount to which the
6county, municipality, or taxing district receiving such
7payment was entitled, the amount of which was determined in
8State fiscal year 2017, repayment of the overpayment shall not
9be required to be made to the State.
10(Source: P.A. 77-1753.)
 
11    (30 ILCS 115/12)  (from Ch. 85, par. 616)
12    Sec. 12. Personal Property Tax Replacement Fund. There is
13hereby created the Personal Property Tax Replacement Fund, a
14special fund in the State Treasury into which shall be paid all
15revenue realized:
16    (a) all amounts realized from the additional personal
17property tax replacement income tax imposed by subsections (c)
18and (d) of Section 201 of the Illinois Income Tax Act, except
19for those amounts deposited into the Income Tax Refund Fund
20pursuant to subsection (c) of Section 901 of the Illinois
21Income Tax Act; and
22    (b) all amounts realized from the additional personal
23property replacement invested capital taxes imposed by Section
242a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
25Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and

 

 

SB2217- 112 -LRB100 13147 JWD 27539 b

1Section 3 of the Water Company Invested Capital Tax Act, and
2amounts payable to the Department of Revenue under the
3Telecommunications Infrastructure Maintenance Fee Act.
4    As soon as may be after the end of each month, the
5Department of Revenue shall certify to the Treasurer and the
6Comptroller the amount of all refunds paid out of the General
7Revenue Fund through the preceding month on account of
8overpayment of liability on taxes paid into the Personal
9Property Tax Replacement Fund. Upon receipt of such
10certification, the Treasurer and the Comptroller shall
11transfer the amount so certified from the Personal Property Tax
12Replacement Fund into the General Revenue Fund.
13    The payments of revenue into the Personal Property Tax
14Replacement Fund shall be used exclusively for distribution to
15taxing districts, regional offices and officials, and local
16officials as provided in this Section and in the School Code,
17payment of the ordinary and contingent expenses of the Property
18Tax Appeal Board, payment of the expenses of the Department of
19Revenue incurred in administering the collection and
20distribution of monies paid into the Personal Property Tax
21Replacement Fund and transfers due to refunds to taxpayers for
22overpayment of liability for taxes paid into the Personal
23Property Tax Replacement Fund.
24    In addition, moneys in the Personal Property Tax
25Replacement Fund may be used to pay any of the following: (i)
26salary, stipends, and additional compensation as provided by

 

 

SB2217- 113 -LRB100 13147 JWD 27539 b

1law for chief election clerks, county clerks, and county
2recorders; (ii) costs associated with regional offices of
3education and educational service centers; (iii)
4reimbursements payable by the State Board of Elections under
5Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
6Election Code; (iv) expenses of the Illinois Educational Labor
7Relations Board; and (v) salary, personal services, and
8additional compensation as provided by law for court reporters
9under the Court Reporters Act.
10    As soon as may be after the effective date of this
11amendatory Act of 1980, the Department of Revenue shall certify
12to the Treasurer the amount of net replacement revenue paid
13into the General Revenue Fund prior to that effective date from
14the additional tax imposed by Section 2a.1 of the Messages Tax
15Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
16the Public Utilities Revenue Act; Section 3 of the Water
17Company Invested Capital Tax Act; amounts collected by the
18Department of Revenue under the Telecommunications
19Infrastructure Maintenance Fee Act; and the additional
20personal property tax replacement income tax imposed by the
21Illinois Income Tax Act, as amended by Public Act 81-1st
22Special Session-1. Net replacement revenue shall be defined as
23the total amount paid into and remaining in the General Revenue
24Fund as a result of those Acts minus the amount outstanding and
25obligated from the General Revenue Fund in state vouchers or
26warrants prior to the effective date of this amendatory Act of

 

 

SB2217- 114 -LRB100 13147 JWD 27539 b

11980 as refunds to taxpayers for overpayment of liability under
2those Acts.
3    All interest earned by monies accumulated in the Personal
4Property Tax Replacement Fund shall be deposited in such Fund.
5All amounts allocated pursuant to this Section are appropriated
6on a continuing basis.
7    Prior to December 31, 1980, as soon as may be after the end
8of each quarter beginning with the quarter ending December 31,
91979, and on and after December 31, 1980, as soon as may be
10after January 1, March 1, April 1, May 1, July 1, August 1,
11October 1 and December 1 of each year, the Department of
12Revenue shall allocate to each taxing district as defined in
13Section 1-150 of the Property Tax Code, in accordance with the
14provisions of paragraph (2) of this Section the portion of the
15funds held in the Personal Property Tax Replacement Fund which
16is required to be distributed, as provided in paragraph (1),
17for each quarter. Provided, however, under no circumstances
18shall any taxing district during each of the first two years of
19distribution of the taxes imposed by this amendatory Act of
201979 be entitled to an annual allocation which is less than the
21funds such taxing district collected from the 1978 personal
22property tax. Provided further that under no circumstances
23shall any taxing district during the third year of distribution
24of the taxes imposed by this amendatory Act of 1979 receive
25less than 60% of the funds such taxing district collected from
26the 1978 personal property tax. In the event that the total of

 

 

SB2217- 115 -LRB100 13147 JWD 27539 b

1the allocations made as above provided for all taxing
2districts, during either of such 3 years, exceeds the amount
3available for distribution the allocation of each taxing
4district shall be proportionately reduced. Except as provided
5in Section 13 of this Act, the Department shall then certify,
6pursuant to appropriation, such allocations to the State
7Comptroller who shall pay over to the several taxing districts
8the respective amounts allocated to them.
9    Any township which receives an allocation based in whole or
10in part upon personal property taxes which it levied pursuant
11to Section 6-507 or 6-512 of the Illinois Highway Code and
12which was previously required to be paid over to a municipality
13shall immediately pay over to that municipality a proportionate
14share of the personal property replacement funds which such
15township receives.
16    Any municipality or township, other than a municipality
17with a population in excess of 500,000, which receives an
18allocation based in whole or in part on personal property taxes
19which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
20Illinois Local Library Act and which was previously required to
21be paid over to a public library shall immediately pay over to
22that library a proportionate share of the personal property tax
23replacement funds which such municipality or township
24receives; provided that if such a public library has converted
25to a library organized under The Illinois Public Library
26District Act, regardless of whether such conversion has

 

 

SB2217- 116 -LRB100 13147 JWD 27539 b

1occurred on, after or before January 1, 1988, such
2proportionate share shall be immediately paid over to the
3library district which maintains and operates the library.
4However, any library that has converted prior to January 1,
51988, and which hitherto has not received the personal property
6tax replacement funds, shall receive such funds commencing on
7January 1, 1988.
8    Any township which receives an allocation based in whole or
9in part on personal property taxes which it levied pursuant to
10Section 1c of the Public Graveyards Act and which taxes were
11previously required to be paid over to or used for such public
12cemetery or cemeteries shall immediately pay over to or use for
13such public cemetery or cemeteries a proportionate share of the
14personal property tax replacement funds which the township
15receives.
16    Any taxing district which receives an allocation based in
17whole or in part upon personal property taxes which it levied
18for another governmental body or school district in Cook County
19in 1976 or for another governmental body or school district in
20the remainder of the State in 1977 shall immediately pay over
21to that governmental body or school district the amount of
22personal property replacement funds which such governmental
23body or school district would receive directly under the
24provisions of paragraph (2) of this Section, had it levied its
25own taxes.
26        (1) The portion of the Personal Property Tax

 

 

SB2217- 117 -LRB100 13147 JWD 27539 b

1    Replacement Fund required to be distributed as of the time
2    allocation is required to be made shall be the amount
3    available in such Fund as of the time allocation is
4    required to be made.
5        The amount available for distribution shall be the
6    total amount in the fund at such time minus the necessary
7    administrative and other authorized expenses as limited by
8    the appropriation and the amount determined by: (a) $2.8
9    million for fiscal year 1981; (b) for fiscal year 1982,
10    .54% of the funds distributed from the fund during the
11    preceding fiscal year; (c) for fiscal year 1983 through
12    fiscal year 1988, .54% of the funds distributed from the
13    fund during the preceding fiscal year less .02% of such
14    fund for fiscal year 1983 and less .02% of such funds for
15    each fiscal year thereafter; (d) for fiscal year 1989
16    through fiscal year 2011 no more than 105% of the actual
17    administrative expenses of the prior fiscal year; (e) for
18    fiscal year 2012 and beyond, a sufficient amount to pay (i)
19    stipends, additional compensation, salary reimbursements,
20    and other amounts directed to be paid out of this Fund for
21    local officials as authorized or required by statute and
22    (ii) no more than 105% of the actual administrative
23    expenses of the prior fiscal year, including payment of the
24    ordinary and contingent expenses of the Property Tax Appeal
25    Board and payment of the expenses of the Department of
26    Revenue incurred in administering the collection and

 

 

SB2217- 118 -LRB100 13147 JWD 27539 b

1    distribution of moneys paid into the Fund; or (f) for
2    fiscal years 2012 and 2013 only, a sufficient amount to pay
3    stipends, additional compensation, salary reimbursements,
4    and other amounts directed to be paid out of this Fund for
5    regional offices and officials as authorized or required by
6    statute; or (g) a sufficient amount to pay amounts directed
7    to be paid out of this Fund for public community college
8    base operating grants and local health protection grants to
9    certified local health departments as authorized or
10    required by appropriation or statute. Such portion of the
11    fund shall be determined after the transfer into the
12    General Revenue Fund due to refunds, if any, paid from the
13    General Revenue Fund during the preceding quarter. If at
14    any time, for any reason, there is insufficient amount in
15    the Personal Property Tax Replacement Fund for payments for
16    regional offices and officials or local officials or
17    payment of costs of administration or for transfers due to
18    refunds at the end of any particular month, the amount of
19    such insufficiency shall be carried over for the purposes
20    of payments for regional offices and officials, local
21    officials, transfers into the General Revenue Fund, and
22    costs of administration to the following month or months.
23    Net replacement revenue held, and defined above, shall be
24    transferred by the Treasurer and Comptroller to the
25    Personal Property Tax Replacement Fund within 10 days of
26    such certification.

 

 

SB2217- 119 -LRB100 13147 JWD 27539 b

1        (2) Each quarterly allocation shall first be
2    apportioned in the following manner: 51.65% for taxing
3    districts in Cook County and 48.35% for taxing districts in
4    the remainder of the State.
5    The Personal Property Replacement Ratio of each taxing
6district outside Cook County shall be the ratio which the Tax
7Base of that taxing district bears to the Downstate Tax Base.
8The Tax Base of each taxing district outside of Cook County is
9the personal property tax collections for that taxing district
10for the 1977 tax year. The Downstate Tax Base is the personal
11property tax collections for all taxing districts in the State
12outside of Cook County for the 1977 tax year. The Department of
13Revenue shall have authority to review for accuracy and
14completeness the personal property tax collections for each
15taxing district outside Cook County for the 1977 tax year.
16    The Personal Property Replacement Ratio of each Cook County
17taxing district shall be the ratio which the Tax Base of that
18taxing district bears to the Cook County Tax Base. The Tax Base
19of each Cook County taxing district is the personal property
20tax collections for that taxing district for the 1976 tax year.
21The Cook County Tax Base is the personal property tax
22collections for all taxing districts in Cook County for the
231976 tax year. The Department of Revenue shall have authority
24to review for accuracy and completeness the personal property
25tax collections for each taxing district within Cook County for
26the 1976 tax year.

 

 

SB2217- 120 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 121 -LRB100 13147 JWD 27539 b

11979, or a successor or successors thereto shall consolidate
2into one taxing district, the Tax Base of such consolidated
3taxing district shall be the sum of the Tax Bases of each of
4the taxing districts which have consolidated.
5    If a single taxing district in existence on July 1, 1979,
6or a successor or successors thereto shall be divided into two
7or more separate taxing districts, the tax base of the taxing
8district so divided shall be allocated to each of the resulting
9taxing districts in proportion to the then current equalized
10assessed value of each resulting taxing district.
11    If a portion of the territory of a taxing district is
12disconnected and annexed to another taxing district of the same
13type, the Tax Base of the taxing district from which
14disconnection was made shall be reduced in proportion to the
15then current equalized assessed value of the disconnected
16territory as compared with the then current equalized assessed
17value within the entire territory of the taxing district prior
18to disconnection, and the amount of such reduction shall be
19added to the Tax Base of the taxing district to which
20annexation is made.
21    If a community college district is created after July 1,
221979, beginning on the effective date of this amendatory Act of
231995, its Tax Base shall be 3.5% of the sum of the personal
24property tax collected for the 1977 tax year within the
25territorial jurisdiction of the district.
26    The amounts allocated and paid to taxing districts pursuant

 

 

SB2217- 122 -LRB100 13147 JWD 27539 b

1to the provisions of this amendatory Act of 1979 shall be
2deemed to be substitute revenues for the revenues derived from
3taxes imposed on personal property pursuant to the provisions
4of the "Revenue Act of 1939" or "An Act for the assessment and
5taxation of private car line companies", approved July 22,
61943, as amended, or Section 414 of the Illinois Insurance
7Code, prior to the abolition of such taxes and shall be used
8for the same purposes as the revenues derived from ad valorem
9taxes on real estate.
10    Monies received by any taxing districts from the Personal
11Property Tax Replacement Fund shall be first applied toward
12payment of the proportionate amount of debt service which was
13previously levied and collected from extensions against
14personal property on bonds outstanding as of December 31, 1978
15and next applied toward payment of the proportionate share of
16the pension or retirement obligations of the taxing district
17which were previously levied and collected from extensions
18against personal property. For each such outstanding bond
19issue, the County Clerk shall determine the percentage of the
20debt service which was collected from extensions against real
21estate in the taxing district for 1978 taxes payable in 1979,
22as related to the total amount of such levies and collections
23from extensions against both real and personal property. For
241979 and subsequent years' taxes, the County Clerk shall levy
25and extend taxes against the real estate of each taxing
26district which will yield the said percentage or percentages of

 

 

SB2217- 123 -LRB100 13147 JWD 27539 b

1the debt service on such outstanding bonds. The balance of the
2amount necessary to fully pay such debt service shall
3constitute a first and prior lien upon the monies received by
4each such taxing district through the Personal Property Tax
5Replacement Fund and shall be first applied or set aside for
6such purpose. In counties having fewer than 3,000,000
7inhabitants, the amendments to this paragraph as made by this
8amendatory Act of 1980 shall be first applicable to 1980 taxes
9to be collected in 1981.
10(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
1197-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
126-30-14.)
 
13    Section 5-25. The General Obligation Bond Act is amended by
14changing Sections 2.5, 9, 11, 15, and 16 as follows:
 
15    (30 ILCS 330/2.5)
16    Sec. 2.5. Limitation on issuance of Bonds.
17    (a) Except as provided in subsection (b), no Bonds may be
18issued if, after the issuance, in the next State fiscal year
19after the issuance of the Bonds, the amount of debt service
20(including principal, whether payable at maturity or pursuant
21to mandatory sinking fund installments, and interest) on all
22then-outstanding Bonds, other than Bonds authorized by Public
23Act 96-43 and other than Bonds authorized by Public Act
2496-1497, would exceed 7% of the aggregate appropriations from

 

 

SB2217- 124 -LRB100 13147 JWD 27539 b

1the general funds (which consist of the General Revenue Fund,
2the Common School Fund, the General Revenue Common School
3Special Account Fund, and the Education Assistance Fund) and
4the Road Fund for the fiscal year immediately prior to the
5fiscal year of the issuance. For purposes of this subsection
6(a), "general funds" has the meaning provided in Section 50-40
7of the State Budget Law.
8    (b) If the Comptroller and Treasurer each consent in
9writing, Bonds may be issued even if the issuance does not
10comply with subsection (a). In addition, $2,000,000,000 in
11Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
12and $2,000,000,000 in Refunding Bonds under Section 16, may be
13issued during State fiscal year 2017 without complying with
14subsection (a). In addition, $2,000,000,000 in Bonds for the
15purposes set forth in Sections 3, 4, 5, 6, and 7, and
16$2,000,000,000 in Refunding Bonds under Section 16, may be
17issued during State fiscal year 2018 without complying with
18subsection (a).
19(Source: P.A. 99-523, eff. 6-30-16.)
 
20    (30 ILCS 330/9)  (from Ch. 127, par. 659)
21    Sec. 9. Conditions for Issuance and Sale of Bonds -
22Requirements for Bonds.
23    (a) Except as otherwise provided in this subsection, Bonds
24shall be issued and sold from time to time, in one or more
25series, in such amounts and at such prices as may be directed

 

 

SB2217- 125 -LRB100 13147 JWD 27539 b

1by the Governor, upon recommendation by the Director of the
2Governor's Office of Management and Budget. Bonds shall be in
3such form (either coupon, registered or book entry), in such
4denominations, payable within 25 years from their date, subject
5to such terms of redemption with or without premium, bear
6interest payable at such times and at such fixed or variable
7rate or rates, and be dated as shall be fixed and determined by
8the Director of the Governor's Office of Management and Budget
9in the order authorizing the issuance and sale of any series of
10Bonds, which order shall be approved by the Governor and is
11herein called a "Bond Sale Order"; provided however, that
12interest payable at fixed or variable rates shall not exceed
13that permitted in the Bond Authorization Act, as now or
14hereafter amended. Bonds shall be payable at such place or
15places, within or without the State of Illinois, and may be
16made registrable as to either principal or as to both principal
17and interest, as shall be specified in the Bond Sale Order.
18Bonds may be callable or subject to purchase and retirement or
19tender and remarketing as fixed and determined in the Bond Sale
20Order. Bonds, other than Bonds issued under Section 3 of this
21Act for the costs associated with the purchase and
22implementation of information technology, (i) except for
23refunding Bonds satisfying the requirements of Section 16 of
24this Act and sold during fiscal year 2009, 2010, 2011, or 2017,
25or 2018 must be issued with principal or mandatory redemption
26amounts in equal amounts, with the first maturity issued

 

 

SB2217- 126 -LRB100 13147 JWD 27539 b

1occurring within the fiscal year in which the Bonds are issued
2or within the next succeeding fiscal year and (ii) must mature
3or be subject to mandatory redemption each fiscal year
4thereafter up to 25 years, except for refunding Bonds
5satisfying the requirements of Section 16 of this Act and sold
6during fiscal year 2009, 2010, or 2011 which must mature or be
7subject to mandatory redemption each fiscal year thereafter up
8to 16 years. Bonds issued under Section 3 of this Act for the
9costs associated with the purchase and implementation of
10information technology must be issued with principal or
11mandatory redemption amounts in equal amounts, with the first
12maturity issued occurring with the fiscal year in which the
13respective bonds are issued or with the next succeeding fiscal
14year, with the respective bonds issued maturing or subject to
15mandatory redemption each fiscal year thereafter up to 10
16years. Notwithstanding any provision of this Act to the
17contrary, the Bonds authorized by Public Act 96-43 shall be
18payable within 5 years from their date and must be issued with
19principal or mandatory redemption amounts in equal amounts,
20with payment of principal or mandatory redemption beginning in
21the first fiscal year following the fiscal year in which the
22Bonds are issued.
23    Notwithstanding any provision of this Act to the contrary,
24the Bonds authorized by Public Act 96-1497 shall be payable
25within 8 years from their date and shall be issued with payment
26of maturing principal or scheduled mandatory redemptions in

 

 

SB2217- 127 -LRB100 13147 JWD 27539 b

1accordance with the following schedule, except the following
2amounts shall be prorated if less than the total additional
3amount of Bonds authorized by Public Act 96-1497 are issued:
4    Fiscal Year After Issuance    Amount
5        1-2                        $0 
6        3                          $110,712,120
7        4                          $332,136,360
8        5                          $664,272,720
9        6-8                        $996,409,080
10    In the case of any series of Bonds bearing interest at a
11variable interest rate ("Variable Rate Bonds"), in lieu of
12determining the rate or rates at which such series of Variable
13Rate Bonds shall bear interest and the price or prices at which
14such Variable Rate Bonds shall be initially sold or remarketed
15(in the event of purchase and subsequent resale), the Bond Sale
16Order may provide that such interest rates and prices may vary
17from time to time depending on criteria established in such
18Bond Sale Order, which criteria may include, without
19limitation, references to indices or variations in interest
20rates as may, in the judgment of a remarketing agent, be
21necessary to cause Variable Rate Bonds of such series to be
22remarketable from time to time at a price equal to their
23principal amount, and may provide for appointment of a bank,
24trust company, investment bank, or other financial institution
25to serve as remarketing agent in that connection. The Bond Sale
26Order may provide that alternative interest rates or provisions

 

 

SB2217- 128 -LRB100 13147 JWD 27539 b

1for establishing alternative interest rates, different
2security or claim priorities, or different call or amortization
3provisions will apply during such times as Variable Rate Bonds
4of any series are held by a person providing credit or
5liquidity enhancement arrangements for such Bonds as
6authorized in subsection (b) of this Section. The Bond Sale
7Order may also provide for such variable interest rates to be
8established pursuant to a process generally known as an auction
9rate process and may provide for appointment of one or more
10financial institutions to serve as auction agents and
11broker-dealers in connection with the establishment of such
12interest rates and the sale and remarketing of such Bonds.
13    (b) In connection with the issuance of any series of Bonds,
14the State may enter into arrangements to provide additional
15security and liquidity for such Bonds, including, without
16limitation, bond or interest rate insurance or letters of
17credit, lines of credit, bond purchase contracts, or other
18arrangements whereby funds are made available to retire or
19purchase Bonds, thereby assuring the ability of owners of the
20Bonds to sell or redeem their Bonds. The State may enter into
21contracts and may agree to pay fees to persons providing such
22arrangements, but only under circumstances where the Director
23of the Governor's Office of Management and Budget certifies
24that he or she reasonably expects the total interest paid or to
25be paid on the Bonds, together with the fees for the
26arrangements (being treated as if interest), would not, taken

 

 

SB2217- 129 -LRB100 13147 JWD 27539 b

1together, cause the Bonds to bear interest, calculated to their
2stated maturity, at a rate in excess of the rate that the Bonds
3would bear in the absence of such arrangements.
4    The State may, with respect to Bonds issued or anticipated
5to be issued, participate in and enter into arrangements with
6respect to interest rate protection or exchange agreements,
7guarantees, or financial futures contracts for the purpose of
8limiting, reducing, or managing interest rate exposure. The
9authority granted under this paragraph, however, shall not
10increase the principal amount of Bonds authorized to be issued
11by law. The arrangements may be executed and delivered by the
12Director of the Governor's Office of Management and Budget on
13behalf of the State. Net payments for such arrangements shall
14constitute interest on the Bonds and shall be paid from the
15General Obligation Bond Retirement and Interest Fund. The
16Director of the Governor's Office of Management and Budget
17shall at least annually certify to the Governor and the State
18Comptroller his or her estimate of the amounts of such net
19payments to be included in the calculation of interest required
20to be paid by the State.
21    (c) Prior to the issuance of any Variable Rate Bonds
22pursuant to subsection (a), the Director of the Governor's
23Office of Management and Budget shall adopt an interest rate
24risk management policy providing that the amount of the State's
25variable rate exposure with respect to Bonds shall not exceed
2620%. This policy shall remain in effect while any Bonds are

 

 

SB2217- 130 -LRB100 13147 JWD 27539 b

1outstanding and the issuance of Bonds shall be subject to the
2terms of such policy. The terms of this policy may be amended
3from time to time by the Director of the Governor's Office of
4Management and Budget but in no event shall any amendment cause
5the permitted level of the State's variable rate exposure with
6respect to Bonds to exceed 20%.
7    (d) "Build America Bonds" in this Section means Bonds
8authorized by Section 54AA of the Internal Revenue Code of
91986, as amended ("Internal Revenue Code"), and bonds issued
10from time to time to refund or continue to refund "Build
11America Bonds".
12    (e) Notwithstanding any other provision of this Section,
13Qualified School Construction Bonds shall be issued and sold
14from time to time, in one or more series, in such amounts and
15at such prices as may be directed by the Governor, upon
16recommendation by the Director of the Governor's Office of
17Management and Budget. Qualified School Construction Bonds
18shall be in such form (either coupon, registered or book
19entry), in such denominations, payable within 25 years from
20their date, subject to such terms of redemption with or without
21premium, and if the Qualified School Construction Bonds are
22issued with a supplemental coupon, bear interest payable at
23such times and at such fixed or variable rate or rates, and be
24dated as shall be fixed and determined by the Director of the
25Governor's Office of Management and Budget in the order
26authorizing the issuance and sale of any series of Qualified

 

 

SB2217- 131 -LRB100 13147 JWD 27539 b

1School Construction Bonds, which order shall be approved by the
2Governor and is herein called a "Bond Sale Order"; except that
3interest payable at fixed or variable rates, if any, shall not
4exceed that permitted in the Bond Authorization Act, as now or
5hereafter amended. Qualified School Construction Bonds shall
6be payable at such place or places, within or without the State
7of Illinois, and may be made registrable as to either principal
8or as to both principal and interest, as shall be specified in
9the Bond Sale Order. Qualified School Construction Bonds may be
10callable or subject to purchase and retirement or tender and
11remarketing as fixed and determined in the Bond Sale Order.
12Qualified School Construction Bonds must be issued with
13principal or mandatory redemption amounts or sinking fund
14payments into the General Obligation Bond Retirement and
15Interest Fund (or subaccount therefor) in equal amounts, with
16the first maturity issued, mandatory redemption payment or
17sinking fund payment occurring within the fiscal year in which
18the Qualified School Construction Bonds are issued or within
19the next succeeding fiscal year, with Qualified School
20Construction Bonds issued maturing or subject to mandatory
21redemption or with sinking fund payments thereof deposited each
22fiscal year thereafter up to 25 years. Sinking fund payments
23set forth in this subsection shall be permitted only to the
24extent authorized in Section 54F of the Internal Revenue Code
25or as otherwise determined by the Director of the Governor's
26Office of Management and Budget. "Qualified School

 

 

SB2217- 132 -LRB100 13147 JWD 27539 b

1Construction Bonds" in this subsection means Bonds authorized
2by Section 54F of the Internal Revenue Code and for bonds
3issued from time to time to refund or continue to refund such
4"Qualified School Construction Bonds".
5    (f) Beginning with the next issuance by the Governor's
6Office of Management and Budget to the Procurement Policy Board
7of a request for quotation for the purpose of formulating a new
8pool of qualified underwriting banks list, all entities
9responding to such a request for quotation for inclusion on
10that list shall provide a written report to the Governor's
11Office of Management and Budget and the Illinois Comptroller.
12The written report submitted to the Comptroller shall (i) be
13published on the Comptroller's Internet website and (ii) be
14used by the Governor's Office of Management and Budget for the
15purposes of scoring such a request for quotation. The written
16report, at a minimum, shall:
17        (1) disclose whether, within the past 3 months,
18    pursuant to its credit default swap market-making
19    activities, the firm has entered into any State of Illinois
20    credit default swaps ("CDS");
21        (2) include, in the event of State of Illinois CDS
22    activity, disclosure of the firm's cumulative notional
23    volume of State of Illinois CDS trades and the firm's
24    outstanding gross and net notional amount of State of
25    Illinois CDS, as of the end of the current 3-month period;
26        (3) indicate, pursuant to the firm's proprietary

 

 

SB2217- 133 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 134 -LRB100 13147 JWD 27539 b

1Comptroller's Internet website. The written reports, at a
2minimum, shall:
3        (1) disclose whether, within the past 3 months,
4    pursuant to its credit default swap market-making
5    activities, the firm has entered into any State of Illinois
6    credit default swaps ("CDS");
7        (2) include, in the event of State of Illinois CDS
8    activity, disclosure of the firm's cumulative notional
9    volume of State of Illinois CDS trades and the firm's
10    outstanding gross and net notional amount of State of
11    Illinois CDS, as of the end of the current 3-month period;
12        (3) indicate, pursuant to the firm's proprietary
13    trading activities, disclosure of whether the firm, within
14    the past 3 months, has entered into any proprietary trades
15    for its own account in State of Illinois CDS;
16        (4) include, in the event of State of Illinois
17    proprietary trades, disclosure of the firm's outstanding
18    gross and net notional amount of proprietary State of
19    Illinois CDS and whether the net position is short or long
20    credit protection, as of the end of the current 3-month
21    period;
22        (5) list all time periods during the past 3 months
23    during which the firm held net long or net short State of
24    Illinois CDS proprietary credit protection positions, the
25    amount of such positions, and whether those positions were
26    net long or net short credit protection positions; and

 

 

SB2217- 135 -LRB100 13147 JWD 27539 b

1        (6) indicate whether, within the previous 3 months, the
2    firm released any publicly available research or marketing
3    reports that reference State of Illinois CDS and include
4    those research or marketing reports as attachments.
5(Source: P.A. 99-523, eff. 6-30-16.)
 
6    (30 ILCS 330/11)  (from Ch. 127, par. 661)
7    Sec. 11. Sale of Bonds. Except as otherwise provided in
8this Section, Bonds shall be sold from time to time pursuant to
9notice of sale and public bid or by negotiated sale in such
10amounts and at such times as is directed by the Governor, upon
11recommendation by the Director of the Governor's Office of
12Management and Budget. At least 25%, based on total principal
13amount, of all Bonds issued each fiscal year shall be sold
14pursuant to notice of sale and public bid. At all times during
15each fiscal year, no more than 75%, based on total principal
16amount, of the Bonds issued each fiscal year, shall have been
17sold by negotiated sale. Failure to satisfy the requirements in
18the preceding 2 sentences shall not affect the validity of any
19previously issued Bonds; provided that all Bonds authorized by
20Public Act 96-43 and Public Act 96-1497 shall not be included
21in determining compliance for any fiscal year with the
22requirements of the preceding 2 sentences; and further provided
23that refunding Bonds satisfying the requirements of Section 16
24of this Act and sold during fiscal year 2009, 2010, 2011, or
252017, or 2018 shall not be subject to the requirements in the

 

 

SB2217- 136 -LRB100 13147 JWD 27539 b

1preceding 2 sentences.
2    If any Bonds, including refunding Bonds, are to be sold by
3negotiated sale, the Director of the Governor's Office of
4Management and Budget shall comply with the competitive request
5for proposal process set forth in the Illinois Procurement Code
6and all other applicable requirements of that Code.
7    If Bonds are to be sold pursuant to notice of sale and
8public bid, the Director of the Governor's Office of Management
9and Budget may, from time to time, as Bonds are to be sold,
10advertise the sale of the Bonds in at least 2 daily newspapers,
11one of which is published in the City of Springfield and one in
12the City of Chicago. The sale of the Bonds shall also be
13advertised in the volume of the Illinois Procurement Bulletin
14that is published by the Department of Central Management
15Services, and shall be published once at least 10 days prior to
16the date fixed for the opening of the bids. The Director of the
17Governor's Office of Management and Budget may reschedule the
18date of sale upon the giving of such additional notice as the
19Director deems adequate to inform prospective bidders of such
20change; provided, however, that all other conditions of the
21sale shall continue as originally advertised.
22    Executed Bonds shall, upon payment therefor, be delivered
23to the purchaser, and the proceeds of Bonds shall be paid into
24the State Treasury as directed by Section 12 of this Act.
25(Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)
 

 

 

SB2217- 137 -LRB100 13147 JWD 27539 b

1    (30 ILCS 330/15)  (from Ch. 127, par. 665)
2    Sec. 15. Computation of Principal and Interest; transfers.
3    (a) Upon each delivery of Bonds authorized to be issued
4under this Act, the Comptroller shall compute and certify to
5the Treasurer the total amount of principal of, interest on,
6and premium, if any, on Bonds issued that will be payable in
7order to retire such Bonds, the amount of principal of,
8interest on and premium, if any, on such Bonds that will be
9payable on each payment date according to the tenor of such
10Bonds during the then current and each succeeding fiscal year,
11and the amount of sinking fund payments needed to be deposited
12in connection with Qualified School Construction Bonds
13authorized by subsection (e) of Section 9. With respect to the
14interest payable on variable rate bonds, such certifications
15shall be calculated at the maximum rate of interest that may be
16payable during the fiscal year, after taking into account any
17credits permitted in the related indenture or other instrument
18against the amount of such interest required to be appropriated
19for such period pursuant to subsection (c) of Section 14 of
20this Act. With respect to the interest payable, such
21certifications shall include the amounts certified by the
22Director of the Governor's Office of Management and Budget
23under subsection (b) of Section 9 of this Act.
24    On or before the last day of each month the State Treasurer
25and Comptroller shall transfer from (1) the Road Fund with
26respect to Bonds issued under paragraph (a) of Section 4 of

 

 

SB2217- 138 -LRB100 13147 JWD 27539 b

1this Act, or Bonds issued under authorization in Public Act
298-781, or Bonds issued for the purpose of refunding such
3bonds, and from (2) the General Revenue Fund, with respect to
4all other Bonds issued under this Act, to the General
5Obligation Bond Retirement and Interest Fund an amount
6sufficient to pay the aggregate of the principal of, interest
7on, and premium, if any, on Bonds payable, by their terms on
8the next payment date divided by the number of full calendar
9months between the date of such Bonds and the first such
10payment date, and thereafter, divided by the number of months
11between each succeeding payment date after the first. Such
12computations and transfers shall be made for each series of
13Bonds issued and delivered. Interest payable on variable rate
14bonds shall be calculated at the maximum rate of interest that
15may be payable for the relevant period, after taking into
16account any credits permitted in the related indenture or other
17instrument against the amount of such interest required to be
18appropriated for such period pursuant to subsection (c) of
19Section 14 of this Act. Computations of interest shall include
20the amounts certified by the Director of the Governor's Office
21of Management and Budget under subsection (b) of Section 9 of
22this Act. Interest for which moneys have already been deposited
23into the capitalized interest account within the General
24Obligation Bond Retirement and Interest Fund shall not be
25included in the calculation of the amounts to be transferred
26under this subsection. Notwithstanding any other provision in

 

 

SB2217- 139 -LRB100 13147 JWD 27539 b

1this Section, the transfer provisions provided in this
2paragraph shall not apply to transfers made in fiscal year 2010
3or fiscal year 2011 with respect to Bonds issued in fiscal year
42010 or fiscal year 2011 pursuant to Section 7.2 of this Act.
5In the case of transfers made in fiscal year 2010 or fiscal
6year 2011 with respect to the Bonds issued in fiscal year 2010
7or fiscal year 2011 pursuant to Section 7.2 of this Act, on or
8before the 15th day of the month prior to the required debt
9service payment, the State Treasurer and Comptroller shall
10transfer from the General Revenue Fund to the General
11Obligation Bond Retirement and Interest Fund an amount
12sufficient to pay the aggregate of the principal of, interest
13on, and premium, if any, on the Bonds payable in that next
14month.
15    The transfer of monies herein and above directed is not
16required if monies in the General Obligation Bond Retirement
17and Interest Fund are more than the amount otherwise to be
18transferred as herein above provided, and if the Governor or
19his authorized representative notifies the State Treasurer and
20Comptroller of such fact in writing.
21    (b) After the effective date of this Act, the balance of,
22and monies directed to be included in the Capital Development
23Bond Retirement and Interest Fund, Anti-Pollution Bond
24Retirement and Interest Fund, Transportation Bond, Series A
25Retirement and Interest Fund, Transportation Bond, Series B
26Retirement and Interest Fund, and Coal Development Bond

 

 

SB2217- 140 -LRB100 13147 JWD 27539 b

1Retirement and Interest Fund shall be transferred to and
2deposited in the General Obligation Bond Retirement and
3Interest Fund. This Fund shall be used to make debt service
4payments on the State's general obligation Bonds heretofore
5issued which are now outstanding and payable from the Funds
6herein listed as well as on Bonds issued under this Act.
7    (c) Except as provided in Section 22-3 of the Military Code
8of Illinois, the The unused portion of federal funds received
9for or as reimbursement for a capital facilities project, as
10authorized by Section 3 of this Act, for which monies from the
11Capital Development Fund have been expended shall remain in the
12Capital Development Board Contributory Trust Fund and shall be
13used for capital projects and for no other purpose, subject to
14appropriation and as directed by the Capital Development Board.
15Any federal funds received as reimbursement for the completed
16construction of a capital facilities project, as authorized by
17Section 3 of this Act, for which monies from the Capital
18Development Fund have been expended shall be deposited in the
19General Obligation Bond Retirement and Interest Fund.
20(Source: P.A. 98-245, eff. 1-1-14.)
 
21    (30 ILCS 330/16)  (from Ch. 127, par. 666)
22    Sec. 16. Refunding Bonds. The State of Illinois is
23authorized to issue, sell, and provide for the retirement of
24General Obligation Bonds of the State of Illinois in the amount
25of $4,839,025,000, at any time and from time to time

 

 

SB2217- 141 -LRB100 13147 JWD 27539 b

1outstanding, for the purpose of refunding any State of Illinois
2general obligation Bonds then outstanding, including the
3payment of any redemption premium thereon, any reasonable
4expenses of such refunding, any interest accrued or to accrue
5to the earliest or any subsequent date of redemption or
6maturity of such outstanding Bonds and any interest to accrue
7to the first interest payment on the refunding Bonds; provided
8that all non-refunding Bonds in an issue that includes
9refunding Bonds shall mature no later than the final maturity
10date of Bonds being refunded; provided that no refunding Bonds
11shall be offered for sale unless the net present value of debt
12service savings to be achieved by the issuance of the refunding
13Bonds is 3% or more of the principal amount of the refunding
14Bonds to be issued; and further provided that, except for
15refunding Bonds sold in fiscal year 2009, 2010, 2011, or 2017,
16or 2018, the maturities of the refunding Bonds shall not extend
17beyond the maturities of the Bonds they refund, so that for
18each fiscal year in the maturity schedule of a particular issue
19of refunding Bonds, the total amount of refunding principal
20maturing and redemption amounts due in that fiscal year and all
21prior fiscal years in that schedule shall be greater than or
22equal to the total amount of refunded principal and redemption
23amounts that had been due over that year and all prior fiscal
24years prior to the refunding.
25     The Governor shall notify the State Treasurer and
26Comptroller of such refunding. The proceeds received from the

 

 

SB2217- 142 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 143 -LRB100 13147 JWD 27539 b

1refunding Bonds shall in all other respects be subject to the
2terms and conditions of this Act.
3(Source: P.A. 99-523, eff. 6-30-16.)
 
4    Section 5-30. The Capital Development Bond Act of 1972 is
5amended by changing Section 9a as follows:
 
6    (30 ILCS 420/9a)  (from Ch. 127, par. 759a)
7    Sec. 9a. Except as provided in Section 22-3 of the Military
8Code of Illinois, the The unused portion of federal funds
9received for or as reimbursement for a capital improvement
10project for which moneys from the Capital Development Fund have
11been expended shall remain in the Capital Development Board
12Contributory Trust Fund and shall be used for capital projects
13and for no other purpose, subject to appropriation and as
14directed by the Capital Development Board. Any federal funds
15received as reimbursement for the completed construction of a
16capital improvement project for which moneys from the Capital
17Development Fund have been expended shall be deposited in the
18Capital Development Bond Retirement and Interest Fund.
19(Source: P.A. 98-245, eff. 1-1-14.)
 
20    Section 5-31. The Build Illinois Bond Act is amended by
21changing Sections 6, 8, and 15 as follows:
 
22    (30 ILCS 425/6)  (from Ch. 127, par. 2806)

 

 

SB2217- 144 -LRB100 13147 JWD 27539 b

1    Sec. 6. Conditions for Issuance and Sale of Bonds -
2Requirements for Bonds - Master and Supplemental Indentures -
3Credit and Liquidity Enhancement.
4    (a) Bonds shall be issued and sold from time to time, in
5one or more series, in such amounts and at such prices as
6directed by the Governor, upon recommendation by the Director
7of the Governor's Office of Management and Budget. Bonds shall
8be payable only from the specific sources and secured in the
9manner provided in this Act. Bonds shall be in such form, in
10such denominations, mature on such dates within 25 years from
11their date of issuance, be subject to optional or mandatory
12redemption, bear interest payable at such times and at such
13rate or rates, fixed or variable, and be dated as shall be
14fixed and determined by the Director of the Governor's Office
15of Management and Budget in an order authorizing the issuance
16and sale of any series of Bonds, which order shall be approved
17by the Governor and is herein called a "Bond Sale Order";
18provided, however, that interest payable at fixed rates shall
19not exceed that permitted in "An Act to authorize public
20corporations to issue bonds, other evidences of indebtedness
21and tax anticipation warrants subject to interest rate
22limitations set forth therein", approved May 26, 1970, as now
23or hereafter amended, and interest payable at variable rates
24shall not exceed the maximum rate permitted in the Bond Sale
25Order. Said Bonds shall be payable at such place or places,
26within or without the State of Illinois, and may be made

 

 

SB2217- 145 -LRB100 13147 JWD 27539 b

1registrable as to either principal only or as to both principal
2and interest, as shall be specified in the Bond Sale Order.
3Bonds may be callable or subject to purchase and retirement or
4remarketing as fixed and determined in the Bond Sale Order.
5Bonds (i) except for refunding Bonds satisfying the
6requirements of Section 15 of this Act and sold during fiscal
7year 2009, 2010, 2011, or 2017, or 2018, must be issued with
8principal or mandatory redemption amounts in equal amounts,
9with the first maturity issued occurring within the fiscal year
10in which the Bonds are issued or within the next succeeding
11fiscal year and (ii) must mature or be subject to mandatory
12redemption each fiscal year thereafter up to 25 years, except
13for refunding Bonds satisfying the requirements of Section 15
14of this Act and sold during fiscal year 2009, 2010, or 2011
15which must mature or be subject to mandatory redemption each
16fiscal year thereafter up to 16 years.
17    All Bonds authorized under this Act shall be issued
18pursuant to a master trust indenture ("Master Indenture")
19executed and delivered on behalf of the State by the Director
20of the Governor's Office of Management and Budget, such Master
21Indenture to be in substantially the form approved in the Bond
22Sale Order authorizing the issuance and sale of the initial
23series of Bonds issued under this Act. Such initial series of
24Bonds may, and each subsequent series of Bonds shall, also be
25issued pursuant to a supplemental trust indenture
26("Supplemental Indenture") executed and delivered on behalf of

 

 

SB2217- 146 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 147 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 148 -LRB100 13147 JWD 27539 b

1Bonds to sell or redeem their Bonds. The State may enter into
2contracts and may agree to pay fees to persons providing such
3arrangements, but only under circumstances where the Director
4of the Bureau of the Budget (now Governor's Office of
5Management and Budget) certifies that he reasonably expects the
6total interest paid or to be paid on the Bonds, together with
7the fees for the arrangements (being treated as if interest),
8would not, taken together, cause the Bonds to bear interest,
9calculated to their stated maturity, at a rate in excess of the
10rate which the Bonds would bear in the absence of such
11arrangements. Any bonds, notes or other evidences of
12indebtedness issued pursuant to any such arrangements for the
13purpose of retiring and discharging outstanding Bonds shall
14constitute refunding Bonds under Section 15 of this Act. The
15State may participate in and enter into arrangements with
16respect to interest rate swaps or guarantees or financial
17futures contracts for the purpose of limiting or restricting
18interest rate risk; provided that such arrangements shall be
19made with or executed through banks having capital and surplus
20of not less than $100,000,000 or insurance companies holding
21the highest policyholder rating accorded insurers by A.M. Best &
22 Co. or any comparable rating service or government bond
23dealers reporting to, trading with, and recognized as primary
24dealers by a Federal Reserve Bank and having capital and
25surplus of not less than $100,000,000, or other persons whose
26debt securities are rated in the highest long-term categories

 

 

SB2217- 149 -LRB100 13147 JWD 27539 b

1by both Moody's Investors' Services, Inc. and Standard & Poor's
2Corporation. Agreements incorporating any of the foregoing
3arrangements may be executed and delivered by the Director of
4the Governor's Office of Management and Budget on behalf of the
5State in substantially the form approved in the Bond Sale Order
6relating to such Bonds.
7    (c) "Build America Bonds" in this Section means Bonds
8authorized by Section 54AA of the Internal Revenue Code of
91986, as amended ("Internal Revenue Code"), and bonds issued
10from time to time to refund or continue to refund "Build
11America Bonds".
12(Source: P.A. 99-523, eff. 6-30-16.)
 
13    (30 ILCS 425/8)  (from Ch. 127, par. 2808)
14    Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
15in this Section, shall be sold from time to time pursuant to
16notice of sale and public bid or by negotiated sale in such
17amounts and at such times as are directed by the Governor, upon
18recommendation by the Director of the Governor's Office of
19Management and Budget. At least 25%, based on total principal
20amount, of all Bonds issued each fiscal year shall be sold
21pursuant to notice of sale and public bid. At all times during
22each fiscal year, no more than 75%, based on total principal
23amount, of the Bonds issued each fiscal year shall have been
24sold by negotiated sale. Failure to satisfy the requirements in
25the preceding 2 sentences shall not affect the validity of any

 

 

SB2217- 150 -LRB100 13147 JWD 27539 b

1previously issued Bonds; and further provided that refunding
2Bonds satisfying the requirements of Section 15 of this Act and
3sold during fiscal year 2009, 2010, 2011, or 2017, or 2018
4shall not be subject to the requirements in the preceding 2
5sentences.
6    If any Bonds are to be sold pursuant to notice of sale and
7public bid, the Director of the Governor's Office of Management
8and Budget shall comply with the competitive request for
9proposal process set forth in the Illinois Procurement Code and
10all other applicable requirements of that Code.
11    If Bonds are to be sold pursuant to notice of sale and
12public bid, the Director of the Governor's Office of Management
13and Budget may, from time to time, as Bonds are to be sold,
14advertise the sale of the Bonds in at least 2 daily newspapers,
15one of which is published in the City of Springfield and one in
16the City of Chicago. The sale of the Bonds shall also be
17advertised in the volume of the Illinois Procurement Bulletin
18that is published by the Department of Central Management
19Services, and shall be published once at least 10 days prior to
20the date fixed for the opening of the bids. The Director of the
21Governor's Office of Management and Budget may reschedule the
22date of sale upon the giving of such additional notice as the
23Director deems adequate to inform prospective bidders of the
24change; provided, however, that all other conditions of the
25sale shall continue as originally advertised. Executed Bonds
26shall, upon payment therefor, be delivered to the purchaser,

 

 

SB2217- 151 -LRB100 13147 JWD 27539 b

1and the proceeds of Bonds shall be paid into the State Treasury
2as directed by Section 9 of this Act. The Governor or the
3Director of the Governor's Office of Management and Budget is
4hereby authorized and directed to execute and deliver contracts
5of sale with underwriters and to execute and deliver such
6certificates, indentures, agreements and documents, including
7any supplements or amendments thereto, and to take such actions
8and do such things as shall be necessary or desirable to carry
9out the purposes of this Act. Any action authorized or
10permitted to be taken by the Director of the Governor's Office
11of Management and Budget pursuant to this Act is hereby
12authorized to be taken by any person specifically designated by
13the Governor to take such action in a certificate signed by the
14Governor and filed with the Secretary of State.
15(Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)
 
16    (30 ILCS 425/15)  (from Ch. 127, par. 2815)
17    Sec. 15. Refunding Bonds. Refunding Bonds are hereby
18authorized for the purpose of refunding any outstanding Bonds,
19including the payment of any redemption premium thereon, any
20reasonable expenses of such refunding, and any interest accrued
21or to accrue to the earliest or any subsequent date of
22redemption or maturity of outstanding Bonds; provided that all
23non-refunding Bonds in an issue that includes refunding Bonds
24shall mature no later than the final maturity date of Bonds
25being refunded; provided that no refunding Bonds shall be

 

 

SB2217- 152 -LRB100 13147 JWD 27539 b

1offered for sale unless the net present value of debt service
2savings to be achieved by the issuance of the refunding Bonds
3is 3% or more of the principal amount of the refunding Bonds to
4be issued; and further provided that, except for refunding
5Bonds sold in fiscal year 2009, 2010, 2011, or 2017, or 2018,
6the maturities of the refunding Bonds shall not extend beyond
7the maturities of the Bonds they refund, so that for each
8fiscal year in the maturity schedule of a particular issue of
9refunding Bonds, the total amount of refunding principal
10maturing and redemption amounts due in that fiscal year and all
11prior fiscal years in that schedule shall be greater than or
12equal to the total amount of refunded principal and redemption
13amounts that had been due over that year and all prior fiscal
14years prior to the refunding.
15    Refunding Bonds may be sold in such amounts and at such
16times, as directed by the Governor upon recommendation by the
17Director of the Governor's Office of Management and Budget. The
18Governor shall notify the State Treasurer and Comptroller of
19such refunding. The proceeds received from the sale of
20refunding Bonds shall be used for the retirement at maturity or
21redemption of such outstanding Bonds on any maturity or
22redemption date and, pending such use, shall be placed in
23escrow, subject to such terms and conditions as shall be
24provided for in the Bond Sale Order relating to the refunding
25Bonds. This Act shall constitute an irrevocable and continuing
26appropriation of all amounts necessary to establish an escrow

 

 

SB2217- 153 -LRB100 13147 JWD 27539 b

1account for the purpose of refunding outstanding Bonds and to
2pay the reasonable expenses of such refunding and of the
3issuance and sale of the refunding Bonds. Any such escrowed
4proceeds may be invested and reinvested in direct obligations
5of the United States of America, maturing at such time or times
6as shall be appropriate to assure the prompt payment, when due,
7of the principal of and interest and redemption premium, if
8any, on the refunded Bonds. After the terms of the escrow have
9been fully satisfied, any remaining balance of such proceeds
10and interest, income and profits earned or realized on the
11investments thereof shall be paid into the General Revenue
12Fund. The liability of the State upon the refunded Bonds shall
13continue, provided that the holders thereof shall thereafter be
14entitled to payment only out of the moneys deposited in the
15escrow account and the refunded Bonds shall be deemed paid,
16discharged and no longer to be outstanding.
17    Except as otherwise herein provided in this Section, such
18refunding Bonds shall in all other respects be issued pursuant
19to and subject to the terms and conditions of this Act and
20shall be secured by and payable from only the funds and sources
21which are provided under this Act.
22(Source: P.A. 99-523, eff. 6-30-16.)
 
23    Section 5-32. The State Prompt Payment Act is amended by
24adding Section 3-5 as follows:
 

 

 

SB2217- 154 -LRB100 13147 JWD 27539 b

1    (30 ILCS 540/3-5 new)
2    Sec. 3-5. Budget Stabilization Fund; insufficient
3appropriation. If an agency incurs an interest liability under
4this Act that is ordinarily payable from the Budget
5Stabilization Fund, but the agency has insufficient
6appropriation authority from the Budget Stabilization Fund to
7make the interest payment at the time the interest payment is
8due, the agency is authorized to pay the interest from its
9available appropriations from the General Revenue Fund.
 
10    Section 5-35. The Illinois Coal Technology Development
11Assistance Act is amended by changing Section 3 as follows:
 
12    (30 ILCS 730/3)  (from Ch. 96 1/2, par. 8203)
13    Sec. 3. Transfers to Coal Technology Development
14Assistance Fund.
15    (a) As soon as may be practicable after the first day of
16each month, the Department of Revenue shall certify to the
17Treasurer an amount equal to 1/64 of the revenue realized from
18the tax imposed by the Electricity Excise Tax Law, Section 2 of
19the Public Utilities Revenue Act, Section 2 of the Messages Tax
20Act, and Section 2 of the Gas Revenue Tax Act, during the
21preceding month. Upon receipt of the certification, the
22Treasurer shall transfer the amount shown on such certification
23from the General Revenue Fund to the Coal Technology
24Development Assistance Fund, which is hereby created as a

 

 

SB2217- 155 -LRB100 13147 JWD 27539 b

1special fund in the State treasury, except that no transfer
2shall be made in any month in which the Fund has reached the
3following balance:
4        (1) $7,000,000 during fiscal year 1994.
5        (2) $8,500,000 during fiscal year 1995.
6        (3) $10,000,000 during fiscal years 1996 and 1997.
7        (4) During fiscal year 1998 through fiscal year 2004,
8    an amount equal to the sum of $10,000,000 plus additional
9    moneys deposited into the Coal Technology Development
10    Assistance Fund from the Infrastructure Development
11    Renewable Energy Resources and Coal Technology Development
12    Assistance Charge under Section 6.5 of the Renewable
13    Energy, Energy Efficiency, and Coal Resources Development
14    Law of 1997.
15        (5) During fiscal year 2005, an amount equal to the sum
16    of $7,000,000 plus additional moneys deposited into the
17    Coal Technology Development Assistance Fund from the
18    Infrastructure Development Renewable Energy Resources and
19    Coal Technology Development Assistance Charge under
20    Section 6.5 of the Renewable Energy, Energy Efficiency, and
21    Coal Resources Development Law of 1997.
22        (6) During fiscal year 2006 through fiscal year 2017
23    and each fiscal year thereafter, an amount equal to the sum
24    of $10,000,000 plus additional moneys deposited into the
25    Coal Technology Development Assistance Fund from the
26    Infrastructure Development Renewable Energy Resources and

 

 

SB2217- 156 -LRB100 13147 JWD 27539 b

1    Coal Technology Development Assistance Charge under
2    Section 6.5 of the Renewable Energy, Energy Efficiency, and
3    Coal Resources Development Law of 1997.
4    (b) Beginning in fiscal year 2018 and each fiscal year
5thereafter, the Treasurer shall make no transfers from the
6General Revenue Fund to the Coal Technology Development
7Assistance Fund.
8(Source: P.A. 99-78, eff. 7-20-15.)
 
9    Section 5-37. The Downstate Public Transportation Act is
10amended by changing Sections 2-2.04, 2-3, 2-5.1, 2-7, and 2-15
11as follows:
 
12    (30 ILCS 740/2-2.04)  (from Ch. 111 2/3, par. 662.04)
13    Sec. 2-2.04. "Eligible operating expenses" means all
14expenses required for public transportation, including
15employee wages and benefits, materials, fuels, supplies,
16rental of facilities, taxes other than income taxes, payment
17made for debt service (including principal and interest) on
18publicly owned equipment or facilities, and any other
19expenditure which is an operating expense according to standard
20accounting practices for the providing of public
21transportation. Eligible operating expenses shall not include
22allowances: (a) for depreciation whether funded or unfunded;
23(b) for amortization of any intangible costs; (c) for debt
24service on capital acquired with the assistance of capital

 

 

SB2217- 157 -LRB100 13147 JWD 27539 b

1grant funds provided by the State of Illinois; (d) for profits
2or return on investment; (e) for excessive payment to
3associated entities; (f) for Comprehensive Employment Training
4Act expenses; (g) for costs reimbursed under Sections 6 and 8
5of the "Urban Mass Transportation Act of 1964", as amended; (h)
6for entertainment expenses; (i) for charter expenses; (j) for
7fines and penalties; (k) for charitable donations; (l) for
8interest expense on long term borrowing and debt retirement
9other than on publicly owned equipment or facilities; (m) for
10income taxes; or (n) for such other expenses as the Department
11may determine consistent with federal Department of
12Transportation regulations or requirements. In consultation
13with participants, the Department shall, by October 2008,
14promulgate or update rules, pursuant to the Illinois
15Administrative Procedure Act, concerning eligible expenses to
16ensure consistent application of the Act, and the Department
17shall provide written copies of those rules to all eligible
18recipients. The Department shall review this process in the
19same manner no less frequently than every 5 years.
20    With respect to participants other than any Metro-East
21Transit District participant and those receiving federal
22research development and demonstration funds pursuant to
23Section 6 of the "Urban Mass Transportation Act of 1964", as
24amended, during the fiscal year ending June 30, 1979, the
25maximum eligible operating expenses for any such participant in
26any fiscal year after Fiscal Year 1980 shall be the amount

 

 

SB2217- 158 -LRB100 13147 JWD 27539 b

1appropriated for such participant for the fiscal year ending
2June 30, 1980, plus in each year a 10% increase over the
3maximum established for the preceding fiscal year. For Fiscal
4Year 1980 the maximum eligible operating expenses for any such
5participant shall be the amount of projected operating expenses
6upon which the appropriation for such participant for Fiscal
7Year 1980 is based.
8    With respect to participants receiving federal research
9development and demonstration operating assistance funds for
10operating assistance pursuant to Section 6 of the "Urban Mass
11Transportation Act of 1964", as amended, during the fiscal year
12ending June 30, 1979, the maximum eligible operating expenses
13for any such participant in any fiscal year after Fiscal Year
141980 shall not exceed such participant's eligible operating
15expenses for the fiscal year ending June 30, 1980, plus in each
16year a 10% increase over the maximum established for the
17preceding fiscal year. For Fiscal Year 1980, the maximum
18eligible operating expenses for any such participant shall be
19the eligible operating expenses incurred during such fiscal
20year, or projected operating expenses upon which the
21appropriation for such participant for the Fiscal Year 1980 is
22based; whichever is less.
23    With respect to all participants other than any Metro-East
24Transit District participant, the maximum eligible operating
25expenses for any such participant in any fiscal year after
26Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)

 

 

SB2217- 159 -LRB100 13147 JWD 27539 b

1shall be the amount appropriated for such participant for the
2fiscal year ending June 30, 1985, plus in each year a 10%
3increase over the maximum established for the preceding year.
4For Fiscal Year 1985, the maximum eligible operating expenses
5for any such participant shall be the amount of projected
6operating expenses upon which the appropriation for such
7participant for Fiscal Year 1985 is based.
8    With respect to any mass transit district participant that
9has increased its district boundaries by annexing counties
10since 1998 and is maintaining a level of local financial
11support, including all income and revenues, equal to or greater
12than the level in the State fiscal year ending June 30, 2001,
13the maximum eligible operating expenses for any State fiscal
14year after 2002 (except State fiscal years 2006 through 2009)
15shall be the amount appropriated for that participant for the
16State fiscal year ending June 30, 2002, plus, in each State
17fiscal year, a 10% increase over the preceding State fiscal
18year. For State fiscal year 2002, the maximum eligible
19operating expenses for any such participant shall be the amount
20of projected operating expenses upon which the appropriation
21for that participant for State fiscal year 2002 is based. For
22that participant, eligible operating expenses for State fiscal
23year 2002 in excess of the eligible operating expenses for the
24State fiscal year ending June 30, 2001, plus 10%, must be
25attributed to the provision of services in the newly annexed
26counties. Beginning July 1, 2017 the 10% mandatory

 

 

SB2217- 160 -LRB100 13147 JWD 27539 b

1appropriation increase for each State fiscal year shall no
2longer be applied.
3    With respect to a participant that receives an initial
4appropriation in State fiscal year 2002 or thereafter, the
5maximum eligible operating expenses for any State fiscal year
6after 2003 (except State fiscal years 2006 through 2009) shall
7be the amount appropriated for that participant for the State
8fiscal year in which it received its initial appropriation,
9plus, in each year, a 10% increase over the preceding year. For
10the initial State fiscal year in which a participant received
11an appropriation, the maximum eligible operating expenses for
12any such participant shall be the amount of projected operating
13expenses upon which the appropriation for that participant for
14that State fiscal year is based. Beginning July 1, 2017 the 10%
15mandatory appropriation increase for each State fiscal year
16shall no longer be applied.
17    With respect to the District serving primarily the counties
18of Monroe and St. Clair, beginning July 1, 2005, the St. Clair
19County Transit District shall no longer be included for new
20appropriation funding purposes as part of the Metro-East Public
21Transportation Fund and instead shall be included for new
22appropriation funding purposes as part of the Downstate Public
23Transportation Fund; provided, however, that nothing herein
24shall alter the eligibility of that District for previously
25appropriated funds to which it would otherwise be entitled.
26    With respect to the District serving primarily Madison

 

 

SB2217- 161 -LRB100 13147 JWD 27539 b

1County, beginning July 1, 2008, the Madison County Transit
2District shall no longer be included for new appropriation
3funding purposes as part of the Metro-East Public
4Transportation Fund and instead shall be included for new
5appropriation funding purposes as part of the Downstate Public
6Transportation Fund; provided, however, that nothing herein
7shall alter the eligibility of that District for previously
8appropriated funds to which it would otherwise be entitled.
9    With respect to the fiscal year beginning July 1, 2007, and
10thereafter, the following shall be included for new
11appropriation funding purposes as part of the Downstate Public
12Transportation Fund: Bond County; Bureau County; Coles County;
13Edgar County; Stephenson County and the City of Freeport; Henry
14County; Jo Daviess County; Kankakee and McLean Counties; Peoria
15County; Piatt County; Shelby County; Tazewell and Woodford
16Counties; Vermilion County; Williamson County; and Kendall
17County.
18(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
 
19    (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)
20    Sec. 2-3. (a) As soon as possible after the first day of
21each month, beginning July 1, 1984, upon certification of the
22Department of Revenue, the Comptroller shall order
23transferred, and the Treasurer shall transfer, from the General
24Revenue Fund to a special fund in the State Treasury which is
25hereby created, to be known as the "Downstate Public

 

 

SB2217- 162 -LRB100 13147 JWD 27539 b

1Transportation Fund", an amount equal to 2/32 (beginning July
21, 2005, 3/32) (beginning July 1, 2017, 8.6%) of the net
3revenue realized from the "Retailers' Occupation Tax Act", as
4now or hereafter amended, the "Service Occupation Tax Act", as
5now or hereafter amended, the "Use Tax Act", as now or
6hereafter amended, and the "Service Use Tax Act", as now or
7hereafter amended, from persons incurring municipal or county
8retailers' or service occupation tax liability for the benefit
9of any municipality or county located wholly within the
10boundaries of each participant other than any Metro-East
11Transit District participant certified pursuant to subsection
12(c) of this Section during the preceding month, except that the
13Department shall pay into the Downstate Public Transportation
14Fund 2/32 (beginning July 1, 2005, 3/32) (beginning July 1,
152017, 8.6%) of 80% of the net revenue realized under the State
16tax Acts named above within any municipality or county located
17wholly within the boundaries of each participant, other than
18any Metro-East participant, for tax periods beginning on or
19after January 1, 1990. Net revenue realized for a month shall
20be the revenue collected by the State pursuant to such Acts
21during the previous month from persons incurring municipal or
22county retailers' or service occupation tax liability for the
23benefit of any municipality or county located wholly within the
24boundaries of a participant, less the amount paid out during
25that same month as refunds or credit memoranda to taxpayers for
26overpayment of liability under such Acts for the benefit of any

 

 

SB2217- 163 -LRB100 13147 JWD 27539 b

1municipality or county located wholly within the boundaries of
2a participant.
3    (b) As soon as possible after the first day of each month,
4beginning July 1, 1989, upon certification of the Department of
5Revenue, the Comptroller shall order transferred, and the
6Treasurer shall transfer, from the General Revenue Fund to a
7special fund in the State Treasury which is hereby created, to
8be known as the "Metro-East Public Transportation Fund", an
9amount equal to 2/32 of the net revenue realized, as above,
10from within the boundaries of Madison, Monroe, and St. Clair
11Counties, except that the Department shall pay into the
12Metro-East Public Transportation Fund 2/32 of 80% of the net
13revenue realized under the State tax Acts specified in
14subsection (a) of this Section within the boundaries of
15Madison, Monroe and St. Clair Counties for tax periods
16beginning on or after January 1, 1990. A local match equivalent
17to an amount which could be raised by a tax levy at the rate of
18.05% on the assessed value of property within the boundaries of
19Madison County is required annually to cause a total of 2/32 of
20the net revenue to be deposited in the Metro-East Public
21Transportation Fund. Failure to raise the required local match
22annually shall result in only 1/32 being deposited into the
23Metro-East Public Transportation Fund after July 1, 1989, or
241/32 of 80% of the net revenue realized for tax periods
25beginning on or after January 1, 1990.
26    (b-5) As soon as possible after the first day of each

 

 

SB2217- 164 -LRB100 13147 JWD 27539 b

1month, beginning July 1, 2005, upon certification of the
2Department of Revenue, the Comptroller shall order
3transferred, and the Treasurer shall transfer, from the General
4Revenue Fund to the Downstate Public Transportation Fund, an
5amount equal to 3/32 (beginning July 1, 2017, 8.6%) of 80% of
6the net revenue realized from within the boundaries of Monroe
7and St. Clair Counties under the State Tax Acts specified in
8subsection (a) of this Section and provided further that,
9beginning July 1, 2005, the provisions of subsection (b) shall
10no longer apply with respect to such tax receipts from Monroe
11and St. Clair Counties.
12    (b-6) As soon as possible after the first day of each
13month, beginning July 1, 2008, upon certification by the
14Department of Revenue, the Comptroller shall order transferred
15and the Treasurer shall transfer, from the General Revenue Fund
16to the Downstate Public Transportation Fund, an amount equal to
173/32 (beginning July 1, 2017, 8.6%) of 80% of the net revenue
18realized from within the boundaries of Madison County under the
19State Tax Acts specified in subsection (a) of this Section and
20provided further that, beginning July 1, 2008, the provisions
21of subsection (b) shall no longer apply with respect to such
22tax receipts from Madison County.
23    (c) The Department shall certify to the Department of
24Revenue the eligible participants under this Article and the
25territorial boundaries of such participants for the purposes of
26the Department of Revenue in subsections (a) and (b) of this

 

 

SB2217- 165 -LRB100 13147 JWD 27539 b

1Section.
2    (d) For the purposes of this Article, beginning in fiscal
3year 2009 the General Assembly shall appropriate an amount from
4the Downstate Public Transportation Fund equal to the sum total
5funds projected to be paid to the participants pursuant to
6Section 2-7. If the General Assembly fails to make
7appropriations sufficient to cover the amounts projected to be
8paid pursuant to Section 2-7, this Act shall constitute an
9irrevocable and continuing appropriation from the Downstate
10Public Transportation Fund of all amounts necessary for those
11purposes.
12    (e) Notwithstanding anything in this Section to the
13contrary, amounts transferred from the General Revenue Fund to
14the Downstate Public Transportation Fund pursuant to this
15Section shall not exceed $169,000,000 in State fiscal year
162012.
17(Source: P.A. 97-641, eff. 12-19-11.)
 
18    (30 ILCS 740/2-5.1)
19    Sec. 2-5.1. Additional requirements.
20    (a) Any unit of local government that becomes a participant
21on or after the effective date of this amendatory Act of the
2294th General Assembly shall, in addition to any other
23requirements under this Article, meet all of the following
24requirements when applying for grants under this Article:
25        (1) The grant application must demonstrate the

 

 

SB2217- 166 -LRB100 13147 JWD 27539 b

1    participant's plan to provide general public
2    transportation with an emphasis on persons with
3    disabilities and elderly and economically disadvantaged
4    populations.
5        (2) The grant application must demonstrate the
6    participant's plan for interagency coordination that, at a
7    minimum, allows the participation of all State-funded and
8    federally-funded agencies and programs with transportation
9    needs in the proposed service area in the development of
10    the applicant's public transportation program.
11        (3) Any participant serving a nonurbanized area that is
12    not receiving Federal Section 5311 funding must meet the
13    operating and safety compliance requirements as set forth
14    in that federal program.
15        (4) The participant is required to hold public hearings
16    to allow comment on the proposed service plan in all
17    municipalities with populations of 1,500 inhabitants or
18    more within the proposed service area.
19    (b) Service extensions by any participant after July 1,
202005 by either annexation or intergovernmental agreement must
21meet the 4 requirements of subsection (a).
22    (c) In order to receive funding, the Department shall
23certify that the participant has met the requirements of this
24Section. Funding priority shall be given to service extension,
25multi-county, and multi-jurisdictional projects.
26    (d) The Department shall develop an annual application

 

 

SB2217- 167 -LRB100 13147 JWD 27539 b

1process for existing or potential participants to request an
2initial appropriation or an appropriation exceeding the
3formula amount found in subsection (b-10) of Section 2-7 for
4funding service in new areas in the next fiscal year. The
5application shall include, but not be limited to, a description
6of the new service area, proposed service in the new area, and
7a budget for providing existing and new service. The Department
8shall review the application for reasonableness and compliance
9with the requirements of this Section, and, if it approves the
10application, shall recommend to the Governor an appropriation
11for the next fiscal year in an amount sufficient to provide 55%
1265% of projected eligible operating expenses associated with a
13new participant's service area or the portion of an existing
14participant's service area that has been expanded by annexation
15or intergovernmental agreement. The recommended appropriation
16for the next fiscal year may exceed the formula amount found in
17subsection (b-10) of Section 2-7.
18(Source: P.A. 99-143, eff. 7-27-15.)
 
19    (30 ILCS 740/2-7)  (from Ch. 111 2/3, par. 667)
20    Sec. 2-7. Quarterly reports; annual audit.
21    (a) Any Metro-East Transit District participant shall, no
22later than 60 days following the end of each quarter of any
23fiscal year, file with the Department on forms provided by the
24Department for that purpose, a report of the actual operating
25deficit experienced during that quarter. The Department shall,

 

 

SB2217- 168 -LRB100 13147 JWD 27539 b

1upon receipt of the quarterly report, determine whether the
2operating deficits were incurred in conformity with the program
3of proposed expenditures approved by the Department pursuant to
4Section 2-11. Any Metro-East District may either monthly or
5quarterly for any fiscal year file a request for the
6participant's eligible share, as allocated in accordance with
7Section 2-6, of the amounts transferred into the Metro-East
8Public Transportation Fund.
9    (b) Each participant other than any Metro-East Transit
10District participant shall, 30 days before the end of each
11quarter, file with the Department on forms provided by the
12Department for such purposes a report of the projected eligible
13operating expenses to be incurred in the next quarter and 30
14days before the third and fourth quarters of any fiscal year a
15statement of actual eligible operating expenses incurred in the
16preceding quarters. Except as otherwise provided in subsection
17(b-5), within 45 days of receipt by the Department of such
18quarterly report, the Comptroller shall order paid and the
19Treasurer shall pay from the Downstate Public Transportation
20Fund to each participant an amount equal to one-third of such
21participant's eligible operating expenses; provided, however,
22that in Fiscal Year 1997, the amount paid to each participant
23from the Downstate Public Transportation Fund shall be an
24amount equal to 47% of such participant's eligible operating
25expenses and shall be increased to 49% in Fiscal Year 1998, 51%
26in Fiscal Year 1999, 53% in Fiscal Year 2000, 55% in Fiscal

 

 

SB2217- 169 -LRB100 13147 JWD 27539 b

1Years 2001 through 2007, and 65% in Fiscal Years Year 2008
2through 2017, and 55% in Fiscal Year 2018 and thereafter;
3however, in any year that a participant receives funding under
4subsection (i) of Section 2705-305 of the Department of
5Transportation Law (20 ILCS 2705/2705-305), that participant
6shall be eligible only for assistance equal to the following
7percentage of its eligible operating expenses: 42% in Fiscal
8Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year 1999,
948% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and
10thereafter. Any such payment for the third and fourth quarters
11of any fiscal year shall be adjusted to reflect actual eligible
12operating expenses for preceding quarters of such fiscal year.
13However, no participant shall receive an amount less than that
14which was received in the immediate prior year, provided in the
15event of a shortfall in the fund those participants receiving
16less than their full allocation pursuant to Section 2-6 of this
17Article shall be the first participants to receive an amount
18not less than that received in the immediate prior year.
19    (b-5) (Blank.)
20    (b-10) On July 1, 2008, each participant shall receive an
21appropriation in an amount equal to 65% of its fiscal year 2008
22eligible operating expenses adjusted by the annual 10% increase
23required by Section 2-2.04 of this Act. In no case shall any
24participant receive an appropriation that is less than its
25fiscal year 2008 appropriation. Every fiscal year thereafter,
26each participant's appropriation shall increase by 10% over the

 

 

SB2217- 170 -LRB100 13147 JWD 27539 b

1appropriation established for the preceding fiscal year as
2required by Section 2-2.04 of this Act.
3    (b-15) Beginning on July 1, 2007, and for each fiscal year
4thereafter, each participant shall maintain a minimum local
5share contribution (from farebox and all other local revenues)
6equal to the actual amount provided in Fiscal Year 2006 or, for
7new recipients, an amount equivalent to the local share
8provided in the first year of participation. The local share
9contribution shall be reduced by an amount equal to the total
10amount of lost revenue for services provided under Section
112-15.2 and Section 2-15.3 of this Act.
12    (b-20) Any participant in the Downstate Public
13Transportation Fund may use State operating assistance
14pursuant to this Section to provide transportation services
15within any county that is contiguous to its territorial
16boundaries as defined by the Department and subject to
17Departmental approval. Any such contiguous-area service
18provided by a participant after July 1, 2007 must meet the
19requirements of subsection (a) of Section 2-5.1.
20    (c) No later than 180 days following the last day of the
21Fiscal Year each participant shall provide the Department with
22an audit prepared by a Certified Public Accountant covering
23that Fiscal Year. For those participants other than a
24Metro-East Transit District, any discrepancy between the
25grants paid and the percentage of the eligible operating
26expenses provided for by paragraph (b) of this Section shall be

 

 

SB2217- 171 -LRB100 13147 JWD 27539 b

1reconciled by appropriate payment or credit. In the case of any
2Metro-East Transit District, any amount of payments from the
3Metro-East Public Transportation Fund which exceed the
4eligible deficit of the participant shall be reconciled by
5appropriate payment or credit.
6(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08;
795-906, eff. 8-26-08.)
 
8    (30 ILCS 740/2-15)  (from Ch. 111 2/3, par. 675.1)
9    Sec. 2-15. Residual fund balance.
10    (a) Except as otherwise provided in this Section, all funds
11which remain in the Downstate Public Transportation Fund or the
12Metro-East Public Transportation Fund after the payment of the
13fourth quarterly payment to participants other than Metro-East
14Transit District participants and the last monthly payment to
15Metro-East Transit participants in each fiscal year shall be
16transferred (i) to the General Revenue Fund through fiscal year
172008, and (ii) to the Downstate Transit Improvement Fund for
18fiscal year 2009, and (iii) to the General Revenue Fund for
19fiscal year 2018 and each fiscal year thereafter. Transfers
20shall be made no later than 90 days following the end of such
21fiscal year. Beginning fiscal year 2010, all moneys each year
22in the Downstate Transit Improvement Fund, held solely for the
23benefit of the participants in the Downstate Public
24Transportation Fund and shall be appropriated to the Department
25to make competitive capital grants to the participants of the

 

 

SB2217- 172 -LRB100 13147 JWD 27539 b

1respective funds. However, such amount as the Department
2determines to be necessary for (1) allocation to participants
3for the purposes of Section 2-7 for the first quarter of the
4succeeding fiscal year and (2) an amount equal to 2% of the
5total allocations to participants in the fiscal year just ended
6to be used for the purpose of audit adjustments shall be
7retained in such Funds to be used by the Department for such
8purposes.
9    (b) Notwithstanding any other provision of law, in addition
10to any other transfers that may be provided by law, on July 1,
112011, or as soon thereafter as practical, the State Comptroller
12shall direct and the State Treasurer shall transfer the
13remaining balance from the Metro East Public Transportation
14Fund into the General Revenue Fund. Upon completion of the
15transfers, the Metro East Public Transportation Fund is
16dissolved, and any future deposits due to that Fund and any
17outstanding obligations or liabilities of that Fund pass to the
18General Revenue Fund.
19(Source: P.A. 97-72, eff. 7-1-11.)
 
20    Section 5-40. The Illinois Income Tax Act is amended by
21changing Section 901 as follows:
 
22    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
23    Sec. 901. Collection authority.
24    (a) In general.

 

 

SB2217- 173 -LRB100 13147 JWD 27539 b

1    The Department shall collect the taxes imposed by this Act.
2The Department shall collect certified past due child support
3amounts under Section 2505-650 of the Department of Revenue Law
4(20 ILCS 2505/2505-650). Except as provided in subsections (b),
5(c), (e), (f), (g), and (h) of this Section, money collected
6pursuant to subsections (a) and (b) of Section 201 of this Act
7shall be paid into the General Revenue Fund in the State
8treasury; money collected pursuant to subsections (c) and (d)
9of Section 201 of this Act shall be paid into the Personal
10Property Tax Replacement Fund, a special fund in the State
11Treasury; and money collected under Section 2505-650 of the
12Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
13into the Child Support Enforcement Trust Fund, a special fund
14outside the State Treasury, or to the State Disbursement Unit
15established under Section 10-26 of the Illinois Public Aid
16Code, as directed by the Department of Healthcare and Family
17Services.
18    (b) Local Government Distributive Fund.
19    Beginning August 1, 1969, and continuing through June 30,
201994, the Treasurer shall transfer each month from the General
21Revenue Fund to a special fund in the State treasury, to be
22known as the "Local Government Distributive Fund", an amount
23equal to 1/12 of the net revenue realized from the tax imposed
24by subsections (a) and (b) of Section 201 of this Act during
25the preceding month. Beginning July 1, 1994, and continuing
26through June 30, 1995, the Treasurer shall transfer each month

 

 

SB2217- 174 -LRB100 13147 JWD 27539 b

1from the General Revenue Fund to the Local Government
2Distributive Fund an amount equal to 1/11 of the net revenue
3realized from the tax imposed by subsections (a) and (b) of
4Section 201 of this Act during the preceding month. Beginning
5July 1, 1995 and continuing through January 31, 2011, the
6Treasurer shall transfer each month from the General Revenue
7Fund to the Local Government Distributive Fund an amount equal
8to the net of (i) 1/10 of the net revenue realized from the tax
9imposed by subsections (a) and (b) of Section 201 of the
10Illinois Income Tax Act during the preceding month (ii) minus,
11beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
12and beginning July 1, 2004, zero. Beginning February 1, 2011,
13and continuing through January 31, 2015, the Treasurer shall
14transfer each month from the General Revenue Fund to the Local
15Government Distributive Fund an amount equal to the sum of (i)
166% (10% of the ratio of the 3% individual income tax rate prior
17to 2011 to the 5% individual income tax rate after 2010) of the
18net revenue realized from the tax imposed by subsections (a)
19and (b) of Section 201 of this Act upon individuals, trusts,
20and estates during the preceding month and (ii) 6.86% (10% of
21the ratio of the 4.8% corporate income tax rate prior to 2011
22to the 7% corporate income tax rate after 2010) of the net
23revenue realized from the tax imposed by subsections (a) and
24(b) of Section 201 of this Act upon corporations during the
25preceding month. Beginning February 1, 2015 and continuing
26through June 30, 2017 January 31, 2025, the Treasurer shall

 

 

SB2217- 175 -LRB100 13147 JWD 27539 b

1transfer each month from the General Revenue Fund to the Local
2Government Distributive Fund an amount equal to the sum of (i)
38% (10% of the ratio of the 3% individual income tax rate prior
4to 2011 to the 3.75% individual income tax rate after 2014) of
5the net revenue realized from the tax imposed by subsections
6(a) and (b) of Section 201 of this Act upon individuals,
7trusts, and estates during the preceding month and (ii) 9.14%
8(10% of the ratio of the 4.8% corporate income tax rate prior
9to 2011 to the 5.25% corporate income tax rate after 2014) of
10the net revenue realized from the tax imposed by subsections
11(a) and (b) of Section 201 of this Act upon corporations during
12the preceding month. Beginning February 1, 2025, the Treasurer
13shall transfer each month from the General Revenue Fund to the
14Local Government Distributive Fund an amount equal to the sum
15of (i) 9.23% (10% of the ratio of the 3% individual income tax
16rate prior to 2011 to the 3.25% individual income tax rate
17after 2024) of the net revenue realized from the tax imposed by
18subsections (a) and (b) of Section 201 of this Act upon
19individuals, trusts, and estates during the preceding month and
20(ii) 10% of the net revenue realized from the tax imposed by
21subsections (a) and (b) of Section 201 of this Act upon
22corporations during the preceding month. Net revenue realized
23for a month shall be defined as the revenue from the tax
24imposed by subsections (a) and (b) of Section 201 of this Act
25which is deposited in the General Revenue Fund, the Education
26Assistance Fund, the Income Tax Surcharge Local Government

 

 

SB2217- 176 -LRB100 13147 JWD 27539 b

1Distributive Fund, the Fund for the Advancement of Education,
2and the Commitment to Human Services Fund during the month
3minus the amount paid out of the General Revenue Fund in State
4warrants during that same month as refunds to taxpayers for
5overpayment of liability under the tax imposed by subsections
6(a) and (b) of Section 201 of this Act.
7    Beginning on August 26, 2014 (the effective date of Public
8Act 98-1052), the Comptroller shall perform the transfers
9required by this subsection (b) no later than 60 days after he
10or she receives the certification from the Treasurer as
11provided in Section 1 of the State Revenue Sharing Act.
12    Beginning July 1, 2017 through June 30, 2021, of the
13amounts collected pursuant to subsections (a) and (b) of
14Section 201 of this Act, minus deposits into the Income Tax
15Refund Fund, the Department shall deposit into the Local
16Government Distributive Fund the sum of (i) 5.45% (9.0% of the
17ratio of the 3% income tax rate imposed on individuals, trusts
18and estates prior to 2011 to the 4.95% individual income tax
19rate beginning in 2017) of the amount collected from the tax
20imposed by subsections (a) and (b) of Section 201 of this Act
21upon individuals, trusts and estates plus (ii) 6.17% (9.0% of
22the ratio of the 4.8% corporate income tax rate prior to 2011
23to the 7% corporate income tax rate beginning in 2017) of the
24amount collected from the tax imposed by subsections (a) and
25(b) of Section 201 of this Act upon corporations.
26    Beginning July 1, 2021 and thereafter, of the amounts

 

 

SB2217- 177 -LRB100 13147 JWD 27539 b

1collected pursuant to subsections (a) and (b) of Section 201 of
2this Act, minus deposits into the Income Tax Refund Fund, the
3Department shall deposit into the Local Government
4Distributive Fund the sum of (i) 7.2% (9.0% of the ratio of the
53% income tax rate imposed on individuals, trusts and estates
6prior to 2011 to the 3.75% individual income tax rate beginning
7in 2022) of the amount collected from the tax imposed by
8subsections (a) and (b) of Section 201 of this Act upon
9individuals, trusts and estates plus (ii) 8.3% (9.0% of the
10ratio of the 4.8% corporate income tax rate prior to 2011 to
11the 5.2% corporate income tax rate beginning in 2022) of the
12amount collected from the tax imposed by subsections (a) and
13(b) of Section 201 of this Act upon corporations.
14    (c) Deposits Into Income Tax Refund Fund.
15        (1) Beginning on January 1, 1989 and thereafter, the
16    Department shall deposit a percentage of the amounts
17    collected pursuant to subsections (a) and (b)(1), (2), and
18    (3), of Section 201 of this Act into a fund in the State
19    treasury known as the Income Tax Refund Fund. The
20    Department shall deposit 6% of such amounts during the
21    period beginning January 1, 1989 and ending on June 30,
22    1989. Beginning with State fiscal year 1990 and for each
23    fiscal year thereafter, the percentage deposited into the
24    Income Tax Refund Fund during a fiscal year shall be the
25    Annual Percentage. For fiscal years 1999 through 2001, the
26    Annual Percentage shall be 7.1%. For fiscal year 2003, the

 

 

SB2217- 178 -LRB100 13147 JWD 27539 b

1    Annual Percentage shall be 8%. For fiscal year 2004, the
2    Annual Percentage shall be 11.7%. Upon the effective date
3    of this amendatory Act of the 93rd General Assembly, the
4    Annual Percentage shall be 10% for fiscal year 2005. For
5    fiscal year 2006, the Annual Percentage shall be 9.75%. For
6    fiscal year 2007, the Annual Percentage shall be 9.75%. For
7    fiscal year 2008, the Annual Percentage shall be 7.75%. For
8    fiscal year 2009, the Annual Percentage shall be 9.75%. For
9    fiscal year 2010, the Annual Percentage shall be 9.75%. For
10    fiscal year 2011, the Annual Percentage shall be 8.75%. For
11    fiscal year 2012, the Annual Percentage shall be 8.75%. For
12    fiscal year 2013, the Annual Percentage shall be 9.75%. For
13    fiscal year 2014, the Annual Percentage shall be 9.5%. For
14    fiscal year 2015, the Annual Percentage shall be 10%. For
15    fiscal year 2018, the Annual Percentage shall be 9.8%. For
16    all other fiscal years, the Annual Percentage shall be
17    calculated as a fraction, the numerator of which shall be
18    the amount of refunds approved for payment by the
19    Department during the preceding fiscal year as a result of
20    overpayment of tax liability under subsections (a) and
21    (b)(1), (2), and (3) of Section 201 of this Act plus the
22    amount of such refunds remaining approved but unpaid at the
23    end of the preceding fiscal year, minus the amounts
24    transferred into the Income Tax Refund Fund from the
25    Tobacco Settlement Recovery Fund, and the denominator of
26    which shall be the amounts which will be collected pursuant

 

 

SB2217- 179 -LRB100 13147 JWD 27539 b

1    to subsections (a) and (b)(1), (2), and (3) of Section 201
2    of this Act during the preceding fiscal year; except that
3    in State fiscal year 2002, the Annual Percentage shall in
4    no event exceed 7.6%. The Director of Revenue shall certify
5    the Annual Percentage to the Comptroller on the last
6    business day of the fiscal year immediately preceding the
7    fiscal year for which it is to be effective.
8        (2) Beginning on January 1, 1989 and thereafter, the
9    Department shall deposit a percentage of the amounts
10    collected pursuant to subsections (a) and (b)(6), (7), and
11    (8), (c) and (d) of Section 201 of this Act into a fund in
12    the State treasury known as the Income Tax Refund Fund. The
13    Department shall deposit 18% of such amounts during the
14    period beginning January 1, 1989 and ending on June 30,
15    1989. Beginning with State fiscal year 1990 and for each
16    fiscal year thereafter, the percentage deposited into the
17    Income Tax Refund Fund during a fiscal year shall be the
18    Annual Percentage. For fiscal years 1999, 2000, and 2001,
19    the Annual Percentage shall be 19%. For fiscal year 2003,
20    the Annual Percentage shall be 27%. For fiscal year 2004,
21    the Annual Percentage shall be 32%. Upon the effective date
22    of this amendatory Act of the 93rd General Assembly, the
23    Annual Percentage shall be 24% for fiscal year 2005. For
24    fiscal year 2006, the Annual Percentage shall be 20%. For
25    fiscal year 2007, the Annual Percentage shall be 17.5%. For
26    fiscal year 2008, the Annual Percentage shall be 15.5%. For

 

 

SB2217- 180 -LRB100 13147 JWD 27539 b

1    fiscal year 2009, the Annual Percentage shall be 17.5%. For
2    fiscal year 2010, the Annual Percentage shall be 17.5%. For
3    fiscal year 2011, the Annual Percentage shall be 17.5%. For
4    fiscal year 2012, the Annual Percentage shall be 17.5%. For
5    fiscal year 2013, the Annual Percentage shall be 14%. For
6    fiscal year 2014, the Annual Percentage shall be 13.4%. For
7    fiscal year 2015, the Annual Percentage shall be 14%. For
8    fiscal year 2018, the Annual Percentage shall be 17.5%. For
9    all other fiscal years, the Annual Percentage shall be
10    calculated as a fraction, the numerator of which shall be
11    the amount of refunds approved for payment by the
12    Department during the preceding fiscal year as a result of
13    overpayment of tax liability under subsections (a) and
14    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
15    Act plus the amount of such refunds remaining approved but
16    unpaid at the end of the preceding fiscal year, and the
17    denominator of which shall be the amounts which will be
18    collected pursuant to subsections (a) and (b)(6), (7), and
19    (8), (c) and (d) of Section 201 of this Act during the
20    preceding fiscal year; except that in State fiscal year
21    2002, the Annual Percentage shall in no event exceed 23%.
22    The Director of Revenue shall certify the Annual Percentage
23    to the Comptroller on the last business day of the fiscal
24    year immediately preceding the fiscal year for which it is
25    to be effective.
26        (3) The Comptroller shall order transferred and the

 

 

SB2217- 181 -LRB100 13147 JWD 27539 b

1    Treasurer shall transfer from the Tobacco Settlement
2    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
3    in January, 2001, (ii) $35,000,000 in January, 2002, and
4    (iii) $35,000,000 in January, 2003.
5    (d) Expenditures from Income Tax Refund Fund.
6        (1) Beginning January 1, 1989, money in the Income Tax
7    Refund Fund shall be expended exclusively for the purpose
8    of paying refunds resulting from overpayment of tax
9    liability under Section 201 of this Act, for paying rebates
10    under Section 208.1 in the event that the amounts in the
11    Homeowners' Tax Relief Fund are insufficient for that
12    purpose, and for making transfers pursuant to this
13    subsection (d).
14        (2) The Director shall order payment of refunds
15    resulting from overpayment of tax liability under Section
16    201 of this Act from the Income Tax Refund Fund only to the
17    extent that amounts collected pursuant to Section 201 of
18    this Act and transfers pursuant to this subsection (d) and
19    item (3) of subsection (c) have been deposited and retained
20    in the Fund.
21        (3) As soon as possible after the end of each fiscal
22    year, the Director shall order transferred and the State
23    Treasurer and State Comptroller shall transfer from the
24    Income Tax Refund Fund to the Personal Property Tax
25    Replacement Fund an amount, certified by the Director to
26    the Comptroller, equal to the excess of the amount

 

 

SB2217- 182 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 183 -LRB100 13147 JWD 27539 b

1    less refunds resulting from the earned income tax credit.
2        (5) This Act shall constitute an irrevocable and
3    continuing appropriation from the Income Tax Refund Fund
4    for the purpose of paying refunds upon the order of the
5    Director in accordance with the provisions of this Section.
6    (e) Deposits into the Education Assistance Fund and the
7Income Tax Surcharge Local Government Distributive Fund.
8    On July 1, 1991, and thereafter, of the amounts collected
9pursuant to subsections (a) and (b) of Section 201 of this Act,
10minus deposits into the Income Tax Refund Fund, the Department
11shall deposit 7.3% into the Education Assistance Fund in the
12State Treasury. Beginning July 1, 1991, and continuing through
13January 31, 1993, of the amounts collected pursuant to
14subsections (a) and (b) of Section 201 of the Illinois Income
15Tax Act, minus deposits into the Income Tax Refund Fund, the
16Department shall deposit 3.0% into the Income Tax Surcharge
17Local Government Distributive Fund in the State Treasury.
18Beginning February 1, 1993 and continuing through June 30,
191993, of the amounts collected pursuant to subsections (a) and
20(b) of Section 201 of the Illinois Income Tax Act, minus
21deposits into the Income Tax Refund Fund, the Department shall
22deposit 4.4% into the Income Tax Surcharge Local Government
23Distributive Fund in the State Treasury. Beginning July 1,
241993, and continuing through June 30, 1994, of the amounts
25collected under subsections (a) and (b) of Section 201 of this
26Act, minus deposits into the Income Tax Refund Fund, the

 

 

SB2217- 184 -LRB100 13147 JWD 27539 b

1Department shall deposit 1.475% into the Income Tax Surcharge
2Local Government Distributive Fund in the State Treasury.
3    (f) Deposits into the Fund for the Advancement of
4Education. Beginning February 1, 2015, the Department shall
5deposit the following portions of the revenue realized from the
6tax imposed upon individuals, trusts, and estates by
7subsections (a) and (b) of Section 201 of this Act during the
8preceding month, minus deposits into the Income Tax Refund
9Fund, into the Fund for the Advancement of Education:
10        (1) beginning February 1, 2015, and prior to February
11    1, 2025, 1/30; and
12        (2) beginning February 1, 2025, 1/26.
13    If the rate of tax imposed by subsection (a) and (b) of
14Section 201 is reduced pursuant to Section 201.5 of this Act,
15the Department shall not make the deposits required by this
16subsection (f) on or after the effective date of the reduction.
17    (g) Deposits into the Commitment to Human Services Fund.
18Beginning February 1, 2015, the Department shall deposit the
19following portions of the revenue realized from the tax imposed
20upon individuals, trusts, and estates by subsections (a) and
21(b) of Section 201 of this Act during the preceding month,
22minus deposits into the Income Tax Refund Fund, into the
23Commitment to Human Services Fund:
24        (1) beginning February 1, 2015, and prior to February
25    1, 2025, 1/30; and
26        (2) beginning February 1, 2025, 1/26.

 

 

SB2217- 185 -LRB100 13147 JWD 27539 b

1    If the rate of tax imposed by subsection (a) and (b) of
2Section 201 is reduced pursuant to Section 201.5 of this Act,
3the Department shall not make the deposits required by this
4subsection (g) on or after the effective date of the reduction.
5    (h) Deposits into the Tax Compliance and Administration
6Fund. Beginning on the first day of the first calendar month to
7occur on or after August 26, 2014 (the effective date of Public
8Act 98-1098), each month the Department shall pay into the Tax
9Compliance and Administration Fund, to be used, subject to
10appropriation, to fund additional auditors and compliance
11personnel at the Department, an amount equal to 1/12 of 5% of
12the cash receipts collected during the preceding fiscal year by
13the Audit Bureau of the Department from the tax imposed by
14subsections (a), (b), (c), and (d) of Section 201 of this Act,
15net of deposits into the Income Tax Refund Fund made from those
16cash receipts.
17(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
1898-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
197-20-15.)
 
20    Section 5-45. The School Code is amended by changing
21Section 18-8.05 as follows:
 
22    (105 ILCS 5/18-8.05)
23    Sec. 18-8.05. Basis for apportionment of general State
24financial aid and supplemental general State aid to the common

 

 

SB2217- 186 -LRB100 13147 JWD 27539 b

1schools for the 1998-1999 and subsequent school years.
 
2(A) General Provisions.
3    (1) The provisions of this Section apply to the 1998-1999
4and subsequent school years. The system of general State
5financial aid provided for in this Section is designed to
6assure that, through a combination of State financial aid and
7required local resources, the financial support provided each
8pupil in Average Daily Attendance equals or exceeds a
9prescribed per pupil Foundation Level. This formula approach
10imputes a level of per pupil Available Local Resources and
11provides for the basis to calculate a per pupil level of
12general State financial aid that, when added to Available Local
13Resources, equals or exceeds the Foundation Level. The amount
14of per pupil general State financial aid for school districts,
15in general, varies in inverse relation to Available Local
16Resources. Per pupil amounts are based upon each school
17district's Average Daily Attendance as that term is defined in
18this Section.
19    (2) In addition to general State financial aid, school
20districts with specified levels or concentrations of pupils
21from low income households are eligible to receive supplemental
22general State financial aid grants as provided pursuant to
23subsection (H). The supplemental State aid grants provided for
24school districts under subsection (H) shall be appropriated for
25distribution to school districts as part of the same line item

 

 

SB2217- 187 -LRB100 13147 JWD 27539 b

1in which the general State financial aid of school districts is
2appropriated under this Section.
3    (3) To receive financial assistance under this Section,
4school districts are required to file claims with the State
5Board of Education, subject to the following requirements:
6        (a) Any school district which fails for any given
7    school year to maintain school as required by law, or to
8    maintain a recognized school is not eligible to file for
9    such school year any claim upon the Common School Fund. In
10    case of nonrecognition of one or more attendance centers in
11    a school district otherwise operating recognized schools,
12    the claim of the district shall be reduced in the
13    proportion which the Average Daily Attendance in the
14    attendance center or centers bear to the Average Daily
15    Attendance in the school district. A "recognized school"
16    means any public school which meets the standards as
17    established for recognition by the State Board of
18    Education. A school district or attendance center not
19    having recognition status at the end of a school term is
20    entitled to receive State aid payments due upon a legal
21    claim which was filed while it was recognized.
22        (b) School district claims filed under this Section are
23    subject to Sections 18-9 and 18-12, except as otherwise
24    provided in this Section.
25        (c) If a school district operates a full year school
26    under Section 10-19.1, the general State aid to the school

 

 

SB2217- 188 -LRB100 13147 JWD 27539 b

1    district shall be determined by the State Board of
2    Education in accordance with this Section as near as may be
3    applicable.
4        (d) (Blank).
5    (4) Except as provided in subsections (H) and (L), the
6board of any district receiving any of the grants provided for
7in this Section may apply those funds to any fund so received
8for which that board is authorized to make expenditures by law.
9    School districts are not required to exert a minimum
10Operating Tax Rate in order to qualify for assistance under
11this Section.
12    (5) As used in this Section the following terms, when
13capitalized, shall have the meaning ascribed herein:
14        (a) "Average Daily Attendance": A count of pupil
15    attendance in school, averaged as provided for in
16    subsection (C) and utilized in deriving per pupil financial
17    support levels.
18        (b) "Available Local Resources": A computation of
19    local financial support, calculated on the basis of Average
20    Daily Attendance and derived as provided pursuant to
21    subsection (D).
22        (c) "Corporate Personal Property Replacement Taxes":
23    Funds paid to local school districts pursuant to "An Act in
24    relation to the abolition of ad valorem personal property
25    tax and the replacement of revenues lost thereby, and
26    amending and repealing certain Acts and parts of Acts in

 

 

SB2217- 189 -LRB100 13147 JWD 27539 b

1    connection therewith", certified August 14, 1979, as
2    amended (Public Act 81-1st S.S.-1).
3        (d) "Foundation Level": A prescribed level of per pupil
4    financial support as provided for in subsection (B).
5        (e) "Operating Tax Rate": All school district property
6    taxes extended for all purposes, except Bond and Interest,
7    Summer School, Rent, Capital Improvement, and Vocational
8    Education Building purposes.
 
9(B) Foundation Level.
10    (1) The Foundation Level is a figure established by the
11State representing the minimum level of per pupil financial
12support that should be available to provide for the basic
13education of each pupil in Average Daily Attendance. As set
14forth in this Section, each school district is assumed to exert
15a sufficient local taxing effort such that, in combination with
16the aggregate of general State financial aid provided the
17district, an aggregate of State and local resources are
18available to meet the basic education needs of pupils in the
19district.
20    (2) For the 1998-1999 school year, the Foundation Level of
21support is $4,225. For the 1999-2000 school year, the
22Foundation Level of support is $4,325. For the 2000-2001 school
23year, the Foundation Level of support is $4,425. For the
242001-2002 school year and 2002-2003 school year, the Foundation
25Level of support is $4,560. For the 2003-2004 school year, the

 

 

SB2217- 190 -LRB100 13147 JWD 27539 b

1Foundation Level of support is $4,810. For the 2004-2005 school
2year, the Foundation Level of support is $4,964. For the
32005-2006 school year, the Foundation Level of support is
4$5,164. For the 2006-2007 school year, the Foundation Level of
5support is $5,334. For the 2007-2008 school year, the
6Foundation Level of support is $5,734. For the 2008-2009 school
7year, the Foundation Level of support is $5,959.
8    (3) For the 2009-2010 school year and each school year
9thereafter, the Foundation Level of support is $6,119 or such
10greater amount as may be established by law by the General
11Assembly.
 
12(C) Average Daily Attendance.
13    (1) For purposes of calculating general State aid pursuant
14to subsection (E), an Average Daily Attendance figure shall be
15utilized. The Average Daily Attendance figure for formula
16calculation purposes shall be the monthly average of the actual
17number of pupils in attendance of each school district, as
18further averaged for the best 3 months of pupil attendance for
19each school district. In compiling the figures for the number
20of pupils in attendance, school districts and the State Board
21of Education shall, for purposes of general State aid funding,
22conform attendance figures to the requirements of subsection
23(F).
24    (2) The Average Daily Attendance figures utilized in
25subsection (E) shall be the requisite attendance data for the

 

 

SB2217- 191 -LRB100 13147 JWD 27539 b

1school year immediately preceding the school year for which
2general State aid is being calculated or the average of the
3attendance data for the 3 preceding school years, whichever is
4greater. The Average Daily Attendance figures utilized in
5subsection (H) shall be the requisite attendance data for the
6school year immediately preceding the school year for which
7general State aid is being calculated.
 
8(D) Available Local Resources.
9    (1) For purposes of calculating general State aid pursuant
10to subsection (E), a representation of Available Local
11Resources per pupil, as that term is defined and determined in
12this subsection, shall be utilized. Available Local Resources
13per pupil shall include a calculated dollar amount representing
14local school district revenues from local property taxes and
15from Corporate Personal Property Replacement Taxes, expressed
16on the basis of pupils in Average Daily Attendance. Calculation
17of Available Local Resources shall exclude any tax amnesty
18funds received as a result of Public Act 93-26.
19    (2) In determining a school district's revenue from local
20property taxes, the State Board of Education shall utilize the
21equalized assessed valuation of all taxable property of each
22school district as of September 30 of the previous year. The
23equalized assessed valuation utilized shall be obtained and
24determined as provided in subsection (G).
25    (3) For school districts maintaining grades kindergarten

 

 

SB2217- 192 -LRB100 13147 JWD 27539 b

1through 12, local property tax revenues per pupil shall be
2calculated as the product of the applicable equalized assessed
3valuation for the district multiplied by 3.00%, and divided by
4the district's Average Daily Attendance figure. For school
5districts maintaining grades kindergarten through 8, local
6property tax revenues per pupil shall be calculated as the
7product of the applicable equalized assessed valuation for the
8district multiplied by 2.30%, and divided by the district's
9Average Daily Attendance figure. For school districts
10maintaining grades 9 through 12, local property tax revenues
11per pupil shall be the applicable equalized assessed valuation
12of the district multiplied by 1.05%, and divided by the
13district's Average Daily Attendance figure.
14    For partial elementary unit districts created pursuant to
15Article 11E of this Code, local property tax revenues per pupil
16shall be calculated as the product of the equalized assessed
17valuation for property within the partial elementary unit
18district for elementary purposes, as defined in Article 11E of
19this Code, multiplied by 2.06% and divided by the district's
20Average Daily Attendance figure, plus the product of the
21equalized assessed valuation for property within the partial
22elementary unit district for high school purposes, as defined
23in Article 11E of this Code, multiplied by 0.94% and divided by
24the district's Average Daily Attendance figure.
25    (4) The Corporate Personal Property Replacement Taxes paid
26to each school district during the calendar year one year

 

 

SB2217- 193 -LRB100 13147 JWD 27539 b

1before the calendar year in which a school year begins, divided
2by the Average Daily Attendance figure for that district, shall
3be added to the local property tax revenues per pupil as
4derived by the application of the immediately preceding
5paragraph (3). The sum of these per pupil figures for each
6school district shall constitute Available Local Resources as
7that term is utilized in subsection (E) in the calculation of
8general State aid.
 
9(E) Computation of General State Aid.
10    (1) For each school year, the amount of general State aid
11allotted to a school district shall be computed by the State
12Board of Education as provided in this subsection.
13    (2) For any school district for which Available Local
14Resources per pupil is less than the product of 0.93 times the
15Foundation Level, general State aid for that district shall be
16calculated as an amount equal to the Foundation Level minus
17Available Local Resources, multiplied by the Average Daily
18Attendance of the school district.
19    (3) For any school district for which Available Local
20Resources per pupil is equal to or greater than the product of
210.93 times the Foundation Level and less than the product of
221.75 times the Foundation Level, the general State aid per
23pupil shall be a decimal proportion of the Foundation Level
24derived using a linear algorithm. Under this linear algorithm,
25the calculated general State aid per pupil shall decline in

 

 

SB2217- 194 -LRB100 13147 JWD 27539 b

1direct linear fashion from 0.07 times the Foundation Level for
2a school district with Available Local Resources equal to the
3product of 0.93 times the Foundation Level, to 0.05 times the
4Foundation Level for a school district with Available Local
5Resources equal to the product of 1.75 times the Foundation
6Level. The allocation of general State aid for school districts
7subject to this paragraph 3 shall be the calculated general
8State aid per pupil figure multiplied by the Average Daily
9Attendance of the school district.
10    (4) For any school district for which Available Local
11Resources per pupil equals or exceeds the product of 1.75 times
12the Foundation Level, the general State aid for the school
13district shall be calculated as the product of $218 multiplied
14by the Average Daily Attendance of the school district.
15    (5) The amount of general State aid allocated to a school
16district for the 1999-2000 school year meeting the requirements
17set forth in paragraph (4) of subsection (G) shall be increased
18by an amount equal to the general State aid that would have
19been received by the district for the 1998-1999 school year by
20utilizing the Extension Limitation Equalized Assessed
21Valuation as calculated in paragraph (4) of subsection (G) less
22the general State aid allotted for the 1998-1999 school year.
23This amount shall be deemed a one time increase, and shall not
24affect any future general State aid allocations.
 
25(F) Compilation of Average Daily Attendance.

 

 

SB2217- 195 -LRB100 13147 JWD 27539 b

1    (1) Each school district shall, by July 1 of each year,
2submit to the State Board of Education, on forms prescribed by
3the State Board of Education, attendance figures for the school
4year that began in the preceding calendar year. The attendance
5information so transmitted shall identify the average daily
6attendance figures for each month of the school year. Beginning
7with the general State aid claim form for the 2002-2003 school
8year, districts shall calculate Average Daily Attendance as
9provided in subdivisions (a), (b), and (c) of this paragraph
10(1).
11        (a) In districts that do not hold year-round classes,
12    days of attendance in August shall be added to the month of
13    September and any days of attendance in June shall be added
14    to the month of May.
15        (b) In districts in which all buildings hold year-round
16    classes, days of attendance in July and August shall be
17    added to the month of September and any days of attendance
18    in June shall be added to the month of May.
19        (c) In districts in which some buildings, but not all,
20    hold year-round classes, for the non-year-round buildings,
21    days of attendance in August shall be added to the month of
22    September and any days of attendance in June shall be added
23    to the month of May. The average daily attendance for the
24    year-round buildings shall be computed as provided in
25    subdivision (b) of this paragraph (1). To calculate the
26    Average Daily Attendance for the district, the average

 

 

SB2217- 196 -LRB100 13147 JWD 27539 b

1    daily attendance for the year-round buildings shall be
2    multiplied by the days in session for the non-year-round
3    buildings for each month and added to the monthly
4    attendance of the non-year-round buildings.
5    Except as otherwise provided in this Section, days of
6attendance by pupils shall be counted only for sessions of not
7less than 5 clock hours of school work per day under direct
8supervision of: (i) teachers, or (ii) non-teaching personnel or
9volunteer personnel when engaging in non-teaching duties and
10supervising in those instances specified in subsection (a) of
11Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
12of legal school age and in kindergarten and grades 1 through
1312. Days of attendance by pupils through verified participation
14in an e-learning program approved by the State Board of
15Education under Section 10-20.56 of the Code shall be
16considered as full days of attendance for purposes of this
17Section.
18    Days of attendance by tuition pupils shall be accredited
19only to the districts that pay the tuition to a recognized
20school.
21    (2) Days of attendance by pupils of less than 5 clock hours
22of school shall be subject to the following provisions in the
23compilation of Average Daily Attendance.
24        (a) Pupils regularly enrolled in a public school for
25    only a part of the school day may be counted on the basis
26    of 1/6 day for every class hour of instruction of 40

 

 

SB2217- 197 -LRB100 13147 JWD 27539 b

1    minutes or more attended pursuant to such enrollment,
2    unless a pupil is enrolled in a block-schedule format of 80
3    minutes or more of instruction, in which case the pupil may
4    be counted on the basis of the proportion of minutes of
5    school work completed each day to the minimum number of
6    minutes that school work is required to be held that day.
7        (b) (Blank).
8        (c) A session of 4 or more clock hours may be counted
9    as a day of attendance upon certification by the regional
10    superintendent, and approved by the State Superintendent
11    of Education to the extent that the district has been
12    forced to use daily multiple sessions.
13        (d) A session of 3 or more clock hours may be counted
14    as a day of attendance (1) when the remainder of the school
15    day or at least 2 hours in the evening of that day is
16    utilized for an in-service training program for teachers,
17    up to a maximum of 5 days per school year, provided a
18    district conducts an in-service training program for
19    teachers in accordance with Section 10-22.39 of this Code;
20    or, in lieu of 4 such days, 2 full days may be used, in
21    which event each such day may be counted as a day required
22    for a legal school calendar pursuant to Section 10-19 of
23    this Code; (1.5) when, of the 5 days allowed under item
24    (1), a maximum of 4 days are used for parent-teacher
25    conferences, or, in lieu of 4 such days, 2 full days are
26    used, in which case each such day may be counted as a

 

 

SB2217- 198 -LRB100 13147 JWD 27539 b

1    calendar day required under Section 10-19 of this Code,
2    provided that the full-day, parent-teacher conference
3    consists of (i) a minimum of 5 clock hours of
4    parent-teacher conferences, (ii) both a minimum of 2 clock
5    hours of parent-teacher conferences held in the evening
6    following a full day of student attendance, as specified in
7    subsection (F)(1)(c), and a minimum of 3 clock hours of
8    parent-teacher conferences held on the day immediately
9    following evening parent-teacher conferences, or (iii)
10    multiple parent-teacher conferences held in the evenings
11    following full days of student attendance, as specified in
12    subsection (F)(1)(c), in which the time used for the
13    parent-teacher conferences is equivalent to a minimum of 5
14    clock hours; and (2) when days in addition to those
15    provided in items (1) and (1.5) are scheduled by a school
16    pursuant to its school improvement plan adopted under
17    Article 34 or its revised or amended school improvement
18    plan adopted under Article 2, provided that (i) such
19    sessions of 3 or more clock hours are scheduled to occur at
20    regular intervals, (ii) the remainder of the school days in
21    which such sessions occur are utilized for in-service
22    training programs or other staff development activities
23    for teachers, and (iii) a sufficient number of minutes of
24    school work under the direct supervision of teachers are
25    added to the school days between such regularly scheduled
26    sessions to accumulate not less than the number of minutes

 

 

SB2217- 199 -LRB100 13147 JWD 27539 b

1    by which such sessions of 3 or more clock hours fall short
2    of 5 clock hours. Any full days used for the purposes of
3    this paragraph shall not be considered for computing
4    average daily attendance. Days scheduled for in-service
5    training programs, staff development activities, or
6    parent-teacher conferences may be scheduled separately for
7    different grade levels and different attendance centers of
8    the district.
9        (e) A session of not less than one clock hour of
10    teaching hospitalized or homebound pupils on-site or by
11    telephone to the classroom may be counted as 1/2 day of
12    attendance, however these pupils must receive 4 or more
13    clock hours of instruction to be counted for a full day of
14    attendance.
15        (f) A session of at least 4 clock hours may be counted
16    as a day of attendance for first grade pupils, and pupils
17    in full day kindergartens, and a session of 2 or more hours
18    may be counted as 1/2 day of attendance by pupils in
19    kindergartens which provide only 1/2 day of attendance.
20        (g) For children with disabilities who are below the
21    age of 6 years and who cannot attend 2 or more clock hours
22    because of their disability or immaturity, a session of not
23    less than one clock hour may be counted as 1/2 day of
24    attendance; however for such children whose educational
25    needs so require a session of 4 or more clock hours may be
26    counted as a full day of attendance.

 

 

SB2217- 200 -LRB100 13147 JWD 27539 b

1        (h) A recognized kindergarten which provides for only
2    1/2 day of attendance by each pupil shall not have more
3    than 1/2 day of attendance counted in any one day. However,
4    kindergartens may count 2 1/2 days of attendance in any 5
5    consecutive school days. When a pupil attends such a
6    kindergarten for 2 half days on any one school day, the
7    pupil shall have the following day as a day absent from
8    school, unless the school district obtains permission in
9    writing from the State Superintendent of Education.
10    Attendance at kindergartens which provide for a full day of
11    attendance by each pupil shall be counted the same as
12    attendance by first grade pupils. Only the first year of
13    attendance in one kindergarten shall be counted, except in
14    case of children who entered the kindergarten in their
15    fifth year whose educational development requires a second
16    year of kindergarten as determined under the rules and
17    regulations of the State Board of Education.
18        (i) On the days when the assessment that includes a
19    college and career ready determination is administered
20    under subsection (c) of Section 2-3.64a-5 of this Code, the
21    day of attendance for a pupil whose school day must be
22    shortened to accommodate required testing procedures may
23    be less than 5 clock hours and shall be counted towards the
24    176 days of actual pupil attendance required under Section
25    10-19 of this Code, provided that a sufficient number of
26    minutes of school work in excess of 5 clock hours are first

 

 

SB2217- 201 -LRB100 13147 JWD 27539 b

1    completed on other school days to compensate for the loss
2    of school work on the examination days.
3        (j) Pupils enrolled in a remote educational program
4    established under Section 10-29 of this Code may be counted
5    on the basis of one-fifth day of attendance for every clock
6    hour of instruction attended in the remote educational
7    program, provided that, in any month, the school district
8    may not claim for a student enrolled in a remote
9    educational program more days of attendance than the
10    maximum number of days of attendance the district can claim
11    (i) for students enrolled in a building holding year-round
12    classes if the student is classified as participating in
13    the remote educational program on a year-round schedule or
14    (ii) for students enrolled in a building not holding
15    year-round classes if the student is not classified as
16    participating in the remote educational program on a
17    year-round schedule.
 
18(G) Equalized Assessed Valuation Data.
19    (1) For purposes of the calculation of Available Local
20Resources required pursuant to subsection (D), the State Board
21of Education shall secure from the Department of Revenue the
22value as equalized or assessed by the Department of Revenue of
23all taxable property of every school district, together with
24(i) the applicable tax rate used in extending taxes for the
25funds of the district as of September 30 of the previous year

 

 

SB2217- 202 -LRB100 13147 JWD 27539 b

1and (ii) the limiting rate for all school districts subject to
2property tax extension limitations as imposed under the
3Property Tax Extension Limitation Law.
4    The Department of Revenue shall add to the equalized
5assessed value of all taxable property of each school district
6situated entirely or partially within a county that is or was
7subject to the provisions of Section 15-176 or 15-177 of the
8Property Tax Code (a) an amount equal to the total amount by
9which the homestead exemption allowed under Section 15-176 or
1015-177 of the Property Tax Code for real property situated in
11that school district exceeds the total amount that would have
12been allowed in that school district if the maximum reduction
13under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
14all other counties in tax year 2003 or (ii) $5,000 in all
15counties in tax year 2004 and thereafter and (b) an amount
16equal to the aggregate amount for the taxable year of all
17additional exemptions under Section 15-175 of the Property Tax
18Code for owners with a household income of $30,000 or less. The
19county clerk of any county that is or was subject to the
20provisions of Section 15-176 or 15-177 of the Property Tax Code
21shall annually calculate and certify to the Department of
22Revenue for each school district all homestead exemption
23amounts under Section 15-176 or 15-177 of the Property Tax Code
24and all amounts of additional exemptions under Section 15-175
25of the Property Tax Code for owners with a household income of
26$30,000 or less. It is the intent of this paragraph that if the

 

 

SB2217- 203 -LRB100 13147 JWD 27539 b

1general homestead exemption for a parcel of property is
2determined under Section 15-176 or 15-177 of the Property Tax
3Code rather than Section 15-175, then the calculation of
4Available Local Resources shall not be affected by the
5difference, if any, between the amount of the general homestead
6exemption allowed for that parcel of property under Section
715-176 or 15-177 of the Property Tax Code and the amount that
8would have been allowed had the general homestead exemption for
9that parcel of property been determined under Section 15-175 of
10the Property Tax Code. It is further the intent of this
11paragraph that if additional exemptions are allowed under
12Section 15-175 of the Property Tax Code for owners with a
13household income of less than $30,000, then the calculation of
14Available Local Resources shall not be affected by the
15difference, if any, because of those additional exemptions.
16    This equalized assessed valuation, as adjusted further by
17the requirements of this subsection, shall be utilized in the
18calculation of Available Local Resources.
19    (2) The equalized assessed valuation in paragraph (1) shall
20be adjusted, as applicable, in the following manner:
21        (a) For the purposes of calculating State aid under
22    this Section, with respect to any part of a school district
23    within a redevelopment project area in respect to which a
24    municipality has adopted tax increment allocation
25    financing pursuant to the Tax Increment Allocation
26    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11

 

 

SB2217- 204 -LRB100 13147 JWD 27539 b

1    of the Illinois Municipal Code or the Industrial Jobs
2    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
3    Illinois Municipal Code, no part of the current equalized
4    assessed valuation of real property located in any such
5    project area which is attributable to an increase above the
6    total initial equalized assessed valuation of such
7    property shall be used as part of the equalized assessed
8    valuation of the district, until such time as all
9    redevelopment project costs have been paid, as provided in
10    Section 11-74.4-8 of the Tax Increment Allocation
11    Redevelopment Act or in Section 11-74.6-35 of the
12    Industrial Jobs Recovery Law. For the purpose of the
13    equalized assessed valuation of the district, the total
14    initial equalized assessed valuation or the current
15    equalized assessed valuation, whichever is lower, shall be
16    used until such time as all redevelopment project costs
17    have been paid.
18        (b) The real property equalized assessed valuation for
19    a school district shall be adjusted by subtracting from the
20    real property value as equalized or assessed by the
21    Department of Revenue for the district an amount computed
22    by dividing the amount of any abatement of taxes under
23    Section 18-170 of the Property Tax Code by 3.00% for a
24    district maintaining grades kindergarten through 12, by
25    2.30% for a district maintaining grades kindergarten
26    through 8, or by 1.05% for a district maintaining grades 9

 

 

SB2217- 205 -LRB100 13147 JWD 27539 b

1    through 12 and adjusted by an amount computed by dividing
2    the amount of any abatement of taxes under subsection (a)
3    of Section 18-165 of the Property Tax Code by the same
4    percentage rates for district type as specified in this
5    subparagraph (b).
6    (3) For the 1999-2000 school year and each school year
7thereafter, if a school district meets all of the criteria of
8this subsection (G)(3), the school district's Available Local
9Resources shall be calculated under subsection (D) using the
10district's Extension Limitation Equalized Assessed Valuation
11as calculated under this subsection (G)(3).
12    For purposes of this subsection (G)(3) the following terms
13shall have the following meanings:
14        "Budget Year": The school year for which general State
15    aid is calculated and awarded under subsection (E).
16        "Base Tax Year": The property tax levy year used to
17    calculate the Budget Year allocation of general State aid.
18        "Preceding Tax Year": The property tax levy year
19    immediately preceding the Base Tax Year.
20        "Base Tax Year's Tax Extension": The product of the
21    equalized assessed valuation utilized by the County Clerk
22    in the Base Tax Year multiplied by the limiting rate as
23    calculated by the County Clerk and defined in the Property
24    Tax Extension Limitation Law.
25        "Preceding Tax Year's Tax Extension": The product of
26    the equalized assessed valuation utilized by the County

 

 

SB2217- 206 -LRB100 13147 JWD 27539 b

1    Clerk in the Preceding Tax Year multiplied by the Operating
2    Tax Rate as defined in subsection (A).
3        "Extension Limitation Ratio": A numerical ratio,
4    certified by the County Clerk, in which the numerator is
5    the Base Tax Year's Tax Extension and the denominator is
6    the Preceding Tax Year's Tax Extension.
7        "Operating Tax Rate": The operating tax rate as defined
8    in subsection (A).
9    If a school district is subject to property tax extension
10limitations as imposed under the Property Tax Extension
11Limitation Law, the State Board of Education shall calculate
12the Extension Limitation Equalized Assessed Valuation of that
13district. For the 1999-2000 school year, the Extension
14Limitation Equalized Assessed Valuation of a school district as
15calculated by the State Board of Education shall be equal to
16the product of the district's 1996 Equalized Assessed Valuation
17and the district's Extension Limitation Ratio. Except as
18otherwise provided in this paragraph for a school district that
19has approved or does approve an increase in its limiting rate,
20for the 2000-2001 school year and each school year thereafter,
21the Extension Limitation Equalized Assessed Valuation of a
22school district as calculated by the State Board of Education
23shall be equal to the product of the Equalized Assessed
24Valuation last used in the calculation of general State aid and
25the district's Extension Limitation Ratio. If the Extension
26Limitation Equalized Assessed Valuation of a school district as

 

 

SB2217- 207 -LRB100 13147 JWD 27539 b

1calculated under this subsection (G)(3) is less than the
2district's equalized assessed valuation as calculated pursuant
3to subsections (G)(1) and (G)(2), then for purposes of
4calculating the district's general State aid for the Budget
5Year pursuant to subsection (E), that Extension Limitation
6Equalized Assessed Valuation shall be utilized to calculate the
7district's Available Local Resources under subsection (D). For
8the 2009-2010 school year and each school year thereafter, if a
9school district has approved or does approve an increase in its
10limiting rate, pursuant to Section 18-190 of the Property Tax
11Code, affecting the Base Tax Year, the Extension Limitation
12Equalized Assessed Valuation of the school district, as
13calculated by the State Board of Education, shall be equal to
14the product of the Equalized Assessed Valuation last used in
15the calculation of general State aid times an amount equal to
16one plus the percentage increase, if any, in the Consumer Price
17Index for all Urban Consumers for all items published by the
18United States Department of Labor for the 12-month calendar
19year preceding the Base Tax Year, plus the Equalized Assessed
20Valuation of new property, annexed property, and recovered tax
21increment value and minus the Equalized Assessed Valuation of
22disconnected property. New property and recovered tax
23increment value shall have the meanings set forth in the
24Property Tax Extension Limitation Law.
25    Partial elementary unit districts created in accordance
26with Article 11E of this Code shall not be eligible for the

 

 

SB2217- 208 -LRB100 13147 JWD 27539 b

1adjustment in this subsection (G)(3) until the fifth year
2following the effective date of the reorganization.
3    (3.5) For the 2010-2011 school year and each school year
4thereafter, if a school district's boundaries span multiple
5counties, then the Department of Revenue shall send to the
6State Board of Education, for the purpose of calculating
7general State aid, the limiting rate and individual rates by
8purpose for the county that contains the majority of the school
9district's Equalized Assessed Valuation.
10    (4) For the purposes of calculating general State aid for
11the 1999-2000 school year only, if a school district
12experienced a triennial reassessment on the equalized assessed
13valuation used in calculating its general State financial aid
14apportionment for the 1998-1999 school year, the State Board of
15Education shall calculate the Extension Limitation Equalized
16Assessed Valuation that would have been used to calculate the
17district's 1998-1999 general State aid. This amount shall equal
18the product of the equalized assessed valuation used to
19calculate general State aid for the 1997-1998 school year and
20the district's Extension Limitation Ratio. If the Extension
21Limitation Equalized Assessed Valuation of the school district
22as calculated under this paragraph (4) is less than the
23district's equalized assessed valuation utilized in
24calculating the district's 1998-1999 general State aid
25allocation, then for purposes of calculating the district's
26general State aid pursuant to paragraph (5) of subsection (E),

 

 

SB2217- 209 -LRB100 13147 JWD 27539 b

1that Extension Limitation Equalized Assessed Valuation shall
2be utilized to calculate the district's Available Local
3Resources.
4    (5) For school districts having a majority of their
5equalized assessed valuation in any county except Cook, DuPage,
6Kane, Lake, McHenry, or Will, if the amount of general State
7aid allocated to the school district for the 1999-2000 school
8year under the provisions of subsection (E), (H), and (J) of
9this Section is less than the amount of general State aid
10allocated to the district for the 1998-1999 school year under
11these subsections, then the general State aid of the district
12for the 1999-2000 school year only shall be increased by the
13difference between these amounts. The total payments made under
14this paragraph (5) shall not exceed $14,000,000. Claims shall
15be prorated if they exceed $14,000,000.
 
16(H) Supplemental General State Aid.
17    (1) In addition to the general State aid a school district
18is allotted pursuant to subsection (E), qualifying school
19districts shall receive a grant, paid in conjunction with a
20district's payments of general State aid, for supplemental
21general State aid based upon the concentration level of
22children from low-income households within the school
23district. Supplemental State aid grants provided for school
24districts under this subsection shall be appropriated for
25distribution to school districts as part of the same line item

 

 

SB2217- 210 -LRB100 13147 JWD 27539 b

1in which the general State financial aid of school districts is
2appropriated under this Section.
3    (1.5) This paragraph (1.5) applies only to those school
4years preceding the 2003-2004 school year. For purposes of this
5subsection (H), the term "Low-Income Concentration Level"
6shall be the low-income eligible pupil count from the most
7recently available federal census divided by the Average Daily
8Attendance of the school district. If, however, (i) the
9percentage decrease from the 2 most recent federal censuses in
10the low-income eligible pupil count of a high school district
11with fewer than 400 students exceeds by 75% or more the
12percentage change in the total low-income eligible pupil count
13of contiguous elementary school districts, whose boundaries
14are coterminous with the high school district, or (ii) a high
15school district within 2 counties and serving 5 elementary
16school districts, whose boundaries are coterminous with the
17high school district, has a percentage decrease from the 2 most
18recent federal censuses in the low-income eligible pupil count
19and there is a percentage increase in the total low-income
20eligible pupil count of a majority of the elementary school
21districts in excess of 50% from the 2 most recent federal
22censuses, then the high school district's low-income eligible
23pupil count from the earlier federal census shall be the number
24used as the low-income eligible pupil count for the high school
25district, for purposes of this subsection (H). The changes made
26to this paragraph (1) by Public Act 92-28 shall apply to

 

 

SB2217- 211 -LRB100 13147 JWD 27539 b

1supplemental general State aid grants for school years
2preceding the 2003-2004 school year that are paid in fiscal
3year 1999 or thereafter and to any State aid payments made in
4fiscal year 1994 through fiscal year 1998 pursuant to
5subsection 1(n) of Section 18-8 of this Code (which was
6repealed on July 1, 1998), and any high school district that is
7affected by Public Act 92-28 is entitled to a recomputation of
8its supplemental general State aid grant or State aid paid in
9any of those fiscal years. This recomputation shall not be
10affected by any other funding.
11    (1.10) This paragraph (1.10) applies to the 2003-2004
12school year and each school year thereafter. For purposes of
13this subsection (H), the term "Low-Income Concentration Level"
14shall, for each fiscal year, be the low-income eligible pupil
15count as of July 1 of the immediately preceding fiscal year (as
16determined by the Department of Human Services based on the
17number of pupils who are eligible for at least one of the
18following low income programs: Medicaid, the Children's Health
19Insurance Program, TANF, or Food Stamps, excluding pupils who
20are eligible for services provided by the Department of
21Children and Family Services, averaged over the 2 immediately
22preceding fiscal years for fiscal year 2004 and over the 3
23immediately preceding fiscal years for each fiscal year
24thereafter) divided by the Average Daily Attendance of the
25school district.
26    (2) Supplemental general State aid pursuant to this

 

 

SB2217- 212 -LRB100 13147 JWD 27539 b

1subsection (H) shall be provided as follows for the 1998-1999,
21999-2000, and 2000-2001 school years only:
3        (a) For any school district with a Low Income
4    Concentration Level of at least 20% and less than 35%, the
5    grant for any school year shall be $800 multiplied by the
6    low income eligible pupil count.
7        (b) For any school district with a Low Income
8    Concentration Level of at least 35% and less than 50%, the
9    grant for the 1998-1999 school year shall be $1,100
10    multiplied by the low income eligible pupil count.
11        (c) For any school district with a Low Income
12    Concentration Level of at least 50% and less than 60%, the
13    grant for the 1998-99 school year shall be $1,500
14    multiplied by the low income eligible pupil count.
15        (d) For any school district with a Low Income
16    Concentration Level of 60% or more, the grant for the
17    1998-99 school year shall be $1,900 multiplied by the low
18    income eligible pupil count.
19        (e) For the 1999-2000 school year, the per pupil amount
20    specified in subparagraphs (b), (c), and (d) immediately
21    above shall be increased to $1,243, $1,600, and $2,000,
22    respectively.
23        (f) For the 2000-2001 school year, the per pupil
24    amounts specified in subparagraphs (b), (c), and (d)
25    immediately above shall be $1,273, $1,640, and $2,050,
26    respectively.

 

 

SB2217- 213 -LRB100 13147 JWD 27539 b

1    (2.5) Supplemental general State aid pursuant to this
2subsection (H) shall be provided as follows for the 2002-2003
3school year:
4        (a) For any school district with a Low Income
5    Concentration Level of less than 10%, the grant for each
6    school year shall be $355 multiplied by the low income
7    eligible pupil count.
8        (b) For any school district with a Low Income
9    Concentration Level of at least 10% and less than 20%, the
10    grant for each school year shall be $675 multiplied by the
11    low income eligible pupil count.
12        (c) For any school district with a Low Income
13    Concentration Level of at least 20% and less than 35%, the
14    grant for each school year shall be $1,330 multiplied by
15    the low income eligible pupil count.
16        (d) For any school district with a Low Income
17    Concentration Level of at least 35% and less than 50%, the
18    grant for each school year shall be $1,362 multiplied by
19    the low income eligible pupil count.
20        (e) For any school district with a Low Income
21    Concentration Level of at least 50% and less than 60%, the
22    grant for each school year shall be $1,680 multiplied by
23    the low income eligible pupil count.
24        (f) For any school district with a Low Income
25    Concentration Level of 60% or more, the grant for each
26    school year shall be $2,080 multiplied by the low income

 

 

SB2217- 214 -LRB100 13147 JWD 27539 b

1    eligible pupil count.
2    (2.10) Except as otherwise provided, supplemental general
3State aid pursuant to this subsection (H) shall be provided as
4follows for the 2003-2004 school year and each school year
5thereafter:
6        (a) For any school district with a Low Income
7    Concentration Level of 15% or less, the grant for each
8    school year shall be $355 multiplied by the low income
9    eligible pupil count.
10        (b) For any school district with a Low Income
11    Concentration Level greater than 15%, the grant for each
12    school year shall be $294.25 added to the product of $2,700
13    and the square of the Low Income Concentration Level, all
14    multiplied by the low income eligible pupil count.
15    For the 2003-2004 school year and each school year
16thereafter through the 2008-2009 school year only, the grant
17shall be no less than the grant for the 2002-2003 school year.
18For the 2009-2010 school year only, the grant shall be no less
19than the grant for the 2002-2003 school year multiplied by
200.66. For the 2010-2011 school year only, the grant shall be no
21less than the grant for the 2002-2003 school year multiplied by
220.33. Notwithstanding the provisions of this paragraph to the
23contrary, if for any school year supplemental general State aid
24grants are prorated as provided in paragraph (1) of this
25subsection (H), then the grants under this paragraph shall be
26prorated.

 

 

SB2217- 215 -LRB100 13147 JWD 27539 b

1    For the 2003-2004 school year only, the grant shall be no
2greater than the grant received during the 2002-2003 school
3year added to the product of 0.25 multiplied by the difference
4between the grant amount calculated under subsection (a) or (b)
5of this paragraph (2.10), whichever is applicable, and the
6grant received during the 2002-2003 school year. For the
72004-2005 school year only, the grant shall be no greater than
8the grant received during the 2002-2003 school year added to
9the product of 0.50 multiplied by the difference between the
10grant amount calculated under subsection (a) or (b) of this
11paragraph (2.10), whichever is applicable, and the grant
12received during the 2002-2003 school year. For the 2005-2006
13school year only, the grant shall be no greater than the grant
14received during the 2002-2003 school year added to the product
15of 0.75 multiplied by the difference between the grant amount
16calculated under subsection (a) or (b) of this paragraph
17(2.10), whichever is applicable, and the grant received during
18the 2002-2003 school year.
19    (3) School districts with an Average Daily Attendance of
20more than 1,000 and less than 50,000 that qualify for
21supplemental general State aid pursuant to this subsection
22shall submit a plan to the State Board of Education prior to
23October 30 of each year for the use of the funds resulting from
24this grant of supplemental general State aid for the
25improvement of instruction in which priority is given to
26meeting the education needs of disadvantaged children. Such

 

 

SB2217- 216 -LRB100 13147 JWD 27539 b

1plan shall be submitted in accordance with rules and
2regulations promulgated by the State Board of Education.
3    (4) School districts with an Average Daily Attendance of
450,000 or more that qualify for supplemental general State aid
5pursuant to this subsection shall be required to distribute
6from funds available pursuant to this Section, no less than
7$261,000,000 in accordance with the following requirements:
8        (a) The required amounts shall be distributed to the
9    attendance centers within the district in proportion to the
10    number of pupils enrolled at each attendance center who are
11    eligible to receive free or reduced-price lunches or
12    breakfasts under the federal Child Nutrition Act of 1966
13    and under the National School Lunch Act during the
14    immediately preceding school year.
15        (b) The distribution of these portions of supplemental
16    and general State aid among attendance centers according to
17    these requirements shall not be compensated for or
18    contravened by adjustments of the total of other funds
19    appropriated to any attendance centers, and the Board of
20    Education shall utilize funding from one or several sources
21    in order to fully implement this provision annually prior
22    to the opening of school.
23        (c) Each attendance center shall be provided by the
24    school district a distribution of noncategorical funds and
25    other categorical funds to which an attendance center is
26    entitled under law in order that the general State aid and

 

 

SB2217- 217 -LRB100 13147 JWD 27539 b

1    supplemental general State aid provided by application of
2    this subsection supplements rather than supplants the
3    noncategorical funds and other categorical funds provided
4    by the school district to the attendance centers.
5        (d) Any funds made available under this subsection that
6    by reason of the provisions of this subsection are not
7    required to be allocated and provided to attendance centers
8    may be used and appropriated by the board of the district
9    for any lawful school purpose.
10        (e) Funds received by an attendance center pursuant to
11    this subsection shall be used by the attendance center at
12    the discretion of the principal and local school council
13    for programs to improve educational opportunities at
14    qualifying schools through the following programs and
15    services: early childhood education, reduced class size or
16    improved adult to student classroom ratio, enrichment
17    programs, remedial assistance, attendance improvement, and
18    other educationally beneficial expenditures which
19    supplement the regular and basic programs as determined by
20    the State Board of Education. Funds provided shall not be
21    expended for any political or lobbying purposes as defined
22    by board rule.
23        (f) Each district subject to the provisions of this
24    subdivision (H)(4) shall submit an acceptable plan to meet
25    the educational needs of disadvantaged children, in
26    compliance with the requirements of this paragraph, to the

 

 

SB2217- 218 -LRB100 13147 JWD 27539 b

1    State Board of Education prior to July 15 of each year.
2    This plan shall be consistent with the decisions of local
3    school councils concerning the school expenditure plans
4    developed in accordance with part 4 of Section 34-2.3. The
5    State Board shall approve or reject the plan within 60 days
6    after its submission. If the plan is rejected, the district
7    shall give written notice of intent to modify the plan
8    within 15 days of the notification of rejection and then
9    submit a modified plan within 30 days after the date of the
10    written notice of intent to modify. Districts may amend
11    approved plans pursuant to rules promulgated by the State
12    Board of Education.
13        Upon notification by the State Board of Education that
14    the district has not submitted a plan prior to July 15 or a
15    modified plan within the time period specified herein, the
16    State aid funds affected by that plan or modified plan
17    shall be withheld by the State Board of Education until a
18    plan or modified plan is submitted.
19        If the district fails to distribute State aid to
20    attendance centers in accordance with an approved plan, the
21    plan for the following year shall allocate funds, in
22    addition to the funds otherwise required by this
23    subsection, to those attendance centers which were
24    underfunded during the previous year in amounts equal to
25    such underfunding.
26        For purposes of determining compliance with this

 

 

SB2217- 219 -LRB100 13147 JWD 27539 b

1    subsection in relation to the requirements of attendance
2    center funding, each district subject to the provisions of
3    this subsection shall submit as a separate document by
4    December 1 of each year a report of expenditure data for
5    the prior year in addition to any modification of its
6    current plan. If it is determined that there has been a
7    failure to comply with the expenditure provisions of this
8    subsection regarding contravention or supplanting, the
9    State Superintendent of Education shall, within 60 days of
10    receipt of the report, notify the district and any affected
11    local school council. The district shall within 45 days of
12    receipt of that notification inform the State
13    Superintendent of Education of the remedial or corrective
14    action to be taken, whether by amendment of the current
15    plan, if feasible, or by adjustment in the plan for the
16    following year. Failure to provide the expenditure report
17    or the notification of remedial or corrective action in a
18    timely manner shall result in a withholding of the affected
19    funds.
20        The State Board of Education shall promulgate rules and
21    regulations to implement the provisions of this
22    subsection. No funds shall be released under this
23    subdivision (H)(4) to any district that has not submitted a
24    plan that has been approved by the State Board of
25    Education.
 

 

 

SB2217- 220 -LRB100 13147 JWD 27539 b

1(I) (Blank).
 
2(J) (Blank).
 
3(K) Grants to Laboratory and Alternative Schools.
4    In calculating the amount to be paid to the governing board
5of a public university that operates a laboratory school under
6this Section or to any alternative school that is operated by a
7regional superintendent of schools, the State Board of
8Education shall require by rule such reporting requirements as
9it deems necessary.
10    As used in this Section, "laboratory school" means a public
11school which is created and operated by a public university and
12approved by the State Board of Education. The governing board
13of a public university which receives funds from the State
14Board under this subsection (K) may not increase the number of
15students enrolled in its laboratory school from a single
16district, if that district is already sending 50 or more
17students, except under a mutual agreement between the school
18board of a student's district of residence and the university
19which operates the laboratory school. A laboratory school may
20not have more than 1,000 students, excluding students with
21disabilities in a special education program.
22    As used in this Section, "alternative school" means a
23public school which is created and operated by a Regional
24Superintendent of Schools and approved by the State Board of

 

 

SB2217- 221 -LRB100 13147 JWD 27539 b

1Education. Such alternative schools may offer courses of
2instruction for which credit is given in regular school
3programs, courses to prepare students for the high school
4equivalency testing program or vocational and occupational
5training. A regional superintendent of schools may contract
6with a school district or a public community college district
7to operate an alternative school. An alternative school serving
8more than one educational service region may be established by
9the regional superintendents of schools of the affected
10educational service regions. An alternative school serving
11more than one educational service region may be operated under
12such terms as the regional superintendents of schools of those
13educational service regions may agree.
14    Each laboratory and alternative school shall file, on forms
15provided by the State Superintendent of Education, an annual
16State aid claim which states the Average Daily Attendance of
17the school's students by month. The best 3 months' Average
18Daily Attendance shall be computed for each school. The general
19State aid entitlement shall be computed by multiplying the
20applicable Average Daily Attendance by the Foundation Level as
21determined under this Section.
 
22(L) Payments, Additional Grants in Aid and Other Requirements.
23    (1) For a school district operating under the financial
24supervision of an Authority created under Article 34A, the
25general State aid otherwise payable to that district under this

 

 

SB2217- 222 -LRB100 13147 JWD 27539 b

1Section, but not the supplemental general State aid, shall be
2reduced by an amount equal to the budget for the operations of
3the Authority as certified by the Authority to the State Board
4of Education, and an amount equal to such reduction shall be
5paid to the Authority created for such district for its
6operating expenses in the manner provided in Section 18-11. The
7remainder of general State school aid for any such district
8shall be paid in accordance with Article 34A when that Article
9provides for a disposition other than that provided by this
10Article.
11    (2) (Blank).
12    (3) Summer school. Summer school payments shall be made as
13provided in Section 18-4.3.
 
14(M) Education Funding Advisory Board.
15    The Education Funding Advisory Board, hereinafter in this
16subsection (M) referred to as the "Board", is hereby created.
17The Board shall consist of 5 members who are appointed by the
18Governor, by and with the advice and consent of the Senate. The
19members appointed shall include representatives of education,
20business, and the general public. One of the members so
21appointed shall be designated by the Governor at the time the
22appointment is made as the chairperson of the Board. The
23initial members of the Board may be appointed any time after
24the effective date of this amendatory Act of 1997. The regular
25term of each member of the Board shall be for 4 years from the

 

 

SB2217- 223 -LRB100 13147 JWD 27539 b

1third Monday of January of the year in which the term of the
2member's appointment is to commence, except that of the 5
3initial members appointed to serve on the Board, the member who
4is appointed as the chairperson shall serve for a term that
5commences on the date of his or her appointment and expires on
6the third Monday of January, 2002, and the remaining 4 members,
7by lots drawn at the first meeting of the Board that is held
8after all 5 members are appointed, shall determine 2 of their
9number to serve for terms that commence on the date of their
10respective appointments and expire on the third Monday of
11January, 2001, and 2 of their number to serve for terms that
12commence on the date of their respective appointments and
13expire on the third Monday of January, 2000. All members
14appointed to serve on the Board shall serve until their
15respective successors are appointed and confirmed. Vacancies
16shall be filled in the same manner as original appointments. If
17a vacancy in membership occurs at a time when the Senate is not
18in session, the Governor shall make a temporary appointment
19until the next meeting of the Senate, when he or she shall
20appoint, by and with the advice and consent of the Senate, a
21person to fill that membership for the unexpired term. If the
22Senate is not in session when the initial appointments are
23made, those appointments shall be made as in the case of
24vacancies.
25    The Education Funding Advisory Board shall be deemed
26established, and the initial members appointed by the Governor

 

 

SB2217- 224 -LRB100 13147 JWD 27539 b

1to serve as members of the Board shall take office, on the date
2that the Governor makes his or her appointment of the fifth
3initial member of the Board, whether those initial members are
4then serving pursuant to appointment and confirmation or
5pursuant to temporary appointments that are made by the
6Governor as in the case of vacancies.
7    The State Board of Education shall provide such staff
8assistance to the Education Funding Advisory Board as is
9reasonably required for the proper performance by the Board of
10its responsibilities.
11    For school years after the 2000-2001 school year, the
12Education Funding Advisory Board, in consultation with the
13State Board of Education, shall make recommendations as
14provided in this subsection (M) to the General Assembly for the
15foundation level under subdivision (B)(3) of this Section and
16for the supplemental general State aid grant level under
17subsection (H) of this Section for districts with high
18concentrations of children from poverty. The recommended
19foundation level shall be determined based on a methodology
20which incorporates the basic education expenditures of
21low-spending schools exhibiting high academic performance. The
22Education Funding Advisory Board shall make such
23recommendations to the General Assembly on January 1 of odd
24numbered years, beginning January 1, 2001.
 
25(N) (Blank).
 

 

 

SB2217- 225 -LRB100 13147 JWD 27539 b

1(O) References.
2    (1) References in other laws to the various subdivisions of
3Section 18-8 as that Section existed before its repeal and
4replacement by this Section 18-8.05 shall be deemed to refer to
5the corresponding provisions of this Section 18-8.05, to the
6extent that those references remain applicable.
7    (2) References in other laws to State Chapter 1 funds shall
8be deemed to refer to the supplemental general State aid
9provided under subsection (H) of this Section.
 
10(P) Public Act 93-838 and Public Act 93-808 make inconsistent
11changes to this Section. Under Section 6 of the Statute on
12Statutes there is an irreconcilable conflict between Public Act
1393-808 and Public Act 93-838. Public Act 93-838, being the last
14acted upon, is controlling. The text of Public Act 93-838 is
15the law regardless of the text of Public Act 93-808.
 
16(Q) State Fiscal Year 2015 Payments.
17    For payments made for State fiscal year 2015, the State
18Board of Education shall, for each school district, calculate
19that district's pro-rata share of a minimum sum of $13,600,000
20or additional amounts as needed from the total net General
21State Aid funding as calculated under this Section that shall
22be deemed attributable to the provision of special educational
23facilities and services, as defined in Section 14-1.08 of this

 

 

SB2217- 226 -LRB100 13147 JWD 27539 b

1Code, in a manner that ensures compliance with maintenance of
2State financial support requirements under the federal
3Individuals with Disabilities Education Act. Each school
4district must use such funds only for the provision of special
5educational facilities and services, as defined in Section
614-1.08 of this Code, and must comply with any expenditure
7verification procedures adopted by the State Board of
8Education.
 
9(R) State Fiscal Year 2016 Payments.
10    For payments made for State fiscal year 2016, the State
11Board of Education shall, for each school district, calculate
12that district's pro rata share of a minimum sum of $1 or
13additional amounts as needed from the total net General State
14Aid funding as calculated under this Section that shall be
15deemed attributable to the provision of special educational
16facilities and services, as defined in Section 14-1.08 of this
17Code, in a manner that ensures compliance with maintenance of
18State financial support requirements under the federal
19Individuals with Disabilities Education Act. Each school
20district must use such funds only for the provision of special
21educational facilities and services, as defined in Section
2214-1.08 of this Code, and must comply with any expenditure
23verification procedures adopted by the State Board of
24Education.
 

 

 

SB2217- 227 -LRB100 13147 JWD 27539 b

1(S) State Fiscal Year 2017 Payments.
2    For payments made for State fiscal year 2017, the State
3Board of Education shall, for each school district, calculate
4that district's pro rata share of a minimum sum of $1 or
5additional amounts as needed from the total net General State
6Aid funding as calculated under this Section that shall be
7deemed attributable to the provision of special educational
8facilities and services, as defined in Section 14-1.08 of this
9Code, in a manner that ensures compliance with maintenance of
10State financial support requirements under the federal
11Individuals with Disabilities Education Act. Each school
12district must use such funds only for the provision of special
13educational facilities and services, as defined in Section
1414-1.08 of this Code, and must comply with any expenditure
15verification procedures adopted by the State Board of
16Education.
 
17(T) State Fiscal Year 2018 Payments.
18    For payments made for State fiscal year 2018, the State
19Board of Education shall, for each school district, calculate
20that district's pro rata share of a minimum sum of $1 or
21additional amounts as needed from the total net evidence-based
22funding as calculated under this Section that shall be deemed
23attributable to the provision of special educational
24facilities and services, as defined in Section 14-1.08 of this
25Code, in a manner that ensures compliance with maintenance of

 

 

SB2217- 228 -LRB100 13147 JWD 27539 b

1State financial support requirements under the federal
2Individuals with Disabilities Education Act. Each school
3district must use such funds only for the provision of special
4educational facilities and services, as defined in Section
514-1.08 of this Code, and must comply with any expenditure
6verification procedures adopted by the State Board of
7Education.
8(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
9eff. 7-30-15; 99-523, eff. 6-30-16.)
 
10    Section 5-50. The Public Community College Act is amended
11by changing Section 5-11 as follows:
 
12    (110 ILCS 805/5-11)  (from Ch. 122, par. 105-11)
13    Sec. 5-11. Any public community college which subsequent to
14July 1, 1972 but before July 1, 2016, commenced construction of
15any facilities approved by the State Board and the Illinois
16Board of Higher Education may, after completion thereof, apply
17to the State for a grant for expenditures made by the community
18college from its own funds for building purposes for such
19facilities in excess of 25% of the cost of such facilities as
20approved by the State Board and the Illinois Board of Higher
21Education. Any public community college that, on or after July
221, 2016, commenced construction of any facilities approved by
23the State Board may, after completion thereof, apply to the
24State for a grant for expenditures made by the community

 

 

SB2217- 229 -LRB100 13147 JWD 27539 b

1college from its own funds for building purposes for such
2facilities in excess of 25% of the cost of such facilities as
3approved by the State Board. A grant shall be contingent upon
4said community college having otherwise complied with Sections
55-3, 5-4, 5-5 and 5-10 of this Act.
6    If any payments or contributions of any kind which are
7based upon, or are to be applied to, the cost of such
8construction are received from the Federal government, or an
9agency thereof, subsequent to receipt of the grant herein
10provided, the amount of such subsequent payment or
11contributions shall be paid over to the Capital Development
12Board by the community college for deposit in the Capital
13Development Board Contributory Trust Bond Interest and
14Retirement Fund.
15(Source: P.A. 99-655, eff. 7-28-16.)
 
16    Section 5-55. The Comprehensive Lead Education, Reduction,
17and Window Replacement Program Act is amended by changing
18Sections 5, 10, 15, 20, 25, and 30 as follows:
 
19    (410 ILCS 43/5)
20    Sec. 5. Findings; intent; establishment of program;
21authority.
22    (a) The General Assembly finds all of the following:
23        (1) Lead-based paint poisoning is a potentially
24    devastating, but preventable disease. It is one of the top

 

 

SB2217- 230 -LRB100 13147 JWD 27539 b

1    environmental threats to children's health in the United
2    States.
3        (2) The number of lead-poisoned children in Illinois is
4    among the highest in the nation, especially in older, more
5    affordable properties.
6        (3) Lead poisoning causes irreversible damage to the
7    development of a child's nervous system. Even at low and
8    moderate levels, lead poisoning causes learning
9    disabilities, problems with speech, shortened attention
10    span, hyperactivity, and behavioral problems. Recent
11    research links low levels of lead exposure to lower IQ
12    scores and to juvenile delinquency.
13        (4) Older housing is the number one risk factor for
14    childhood lead poisoning. Properties built before 1950 are
15    statistically much more likely to contain lead-based paint
16    hazards than buildings constructed more recently.
17        (5) The State of Illinois ranks 10th out of the 50
18    states in the age of its housing stock. More than 50% of
19    the housing units in Chicago and in Rock Island, Peoria,
20    Macon, Madison, and Kankakee counties were built before
21    1960. More than 43% of the housing units in St. Clair,
22    Winnebago, Sangamon, Kane, and Cook counties were built
23    before 1950.
24        (6) There are nearly 1.4 million households with
25    lead-based paint hazards in Illinois.
26        (7) Most children are lead poisoned in their own homes

 

 

SB2217- 231 -LRB100 13147 JWD 27539 b

1    through exposure to lead dust from deteriorated lead paint
2    surfaces, like windows, and when lead paint deteriorates or
3    is disturbed through home renovation and repainting.
4        (8) Fewer Less than 25% of children in Illinois age 6
5    and under have been tested for lead poisoning. While
6    children are lead poisoned throughout Illinois, counties
7    above the statewide average include: Alexander, Cass,
8    Cook, Fulton, Greene, Kane, Kankakee, Knox, LaSalle,
9    Macon, Mercer, Peoria, Perry, Rock Island, Sangamon, St.
10    Clair, Stephenson, Vermilion, Will, and Winnebago.
11        (9) The control of lead hazards significantly reduces
12    lead-poisoning rates. Other communities, including New
13    York City and Milwaukee, have successfully reduced
14    lead-poisoning rates by removing lead-based paint hazards
15    on windows.
16        (10) Windows are considered a higher lead exposure risk
17    more often than other components in a housing unit. Windows
18    are a major contributor of lead dust in the home, due to
19    both weathering conditions and friction effects on paint.
20        (11) There is an insufficient pool of licensed lead
21    abatement workers and contractors to address the problem in
22    some areas of the State.
23        (12) Through grants from the U.S. Department of Housing
24    and Urban Development, some communities in Illinois have
25    begun to reduce lead poisoning of children. While this is
26    an ongoing effort, it only addresses a small number of the

 

 

SB2217- 232 -LRB100 13147 JWD 27539 b

1    low-income children statewide in communities with high
2    levels of lead paint in the housing stock.
3    (b) It is the intent of the General Assembly to:
4        (1) address the problem of lead poisoning of children
5    by eliminating lead hazards in homes;
6        (2) provide training within communities to encourage
7    the use of lead paint safe work practices;
8        (3) create job opportunities for community members in
9    the lead abatement industry;
10        (4) support the efforts of small business and property
11    owners committed to maintaining lead-safe housing; and
12        (5) assist in the maintenance of affordable lead-safe
13    housing stock.
14    (c) The General Assembly hereby establishes the
15Comprehensive Lead Education, Reduction, and Window
16Replacement Program to assist residential property owners
17through a Lead Direct Assistance Program to reduce lead hazards
18in residential properties loan and grant programs to reduce
19lead paint hazards through window replacement in pilot area
20communities. Where there is a lack of workers trained to remove
21lead-based paint hazards, job-training programs must be
22initiated. The General Assembly also recognizes that training,
23insurance, and licensing costs are prohibitively high and
24hereby establishes incentives for contractors to do lead
25abatement work.
26    (d) The Department of Public Health is authorized to:

 

 

SB2217- 233 -LRB100 13147 JWD 27539 b

1        (1) make and adopt such rules as necessary to implement
2    this Act;
3        (2) assess administrative fines and penalties, as
4    established by rule, for persons violating rules adopted by
5    the Department;
6        (3) charge $0.25 per page for documents requested by
7    the public relating to this Act, whether in paper or
8    electronic format;
9        (4) make referrals for prosecution to the Illinois
10    Attorney General or the State's Attorney for the county in
11    which a violation occurs for any violation of this Act or
12    the rules adopted under this Act; and
13        (5) establish agreements, pursuant to the
14    Intergovernmental Cooperation Act, with the Department of
15    Commerce and Economic Opportunity, the Illinois Housing
16    Development Authority, or any other public agency as
17    required, to implement this Act.
18(Source: P.A. 95-492, eff. 1-1-08.)
 
19    (410 ILCS 43/10)
20    Sec. 10. Definitions. In this Act:
21    "Advisory Council" refers to the Lead Safe Housing Advisory
22Council established under Public Act 93-0789.
23    "CLEAR-WIN Program" refers to the Comprehensive Lead
24Education, Reduction, and Window Replacement Program created
25pursuant to this Act to assist property owners of single family

 

 

SB2217- 234 -LRB100 13147 JWD 27539 b

1homes and multi-unit residential properties in the State,
2through direct assistance programs that reduce lead paint and
3leaded plumbing hazards and, where necessary, through other
4lead hazard control techniques pilot area communities, through
5loan and grant programs that reduce lead paint hazards
6primarily through window replacement and, where necessary,
7through other lead-based paint hazard control techniques.
8    "Department" means the Department of Public Health.
9    "Director" means the Director of Public Health.
10    "Lead Safe Housing Maintenance Standards" refers to the
11standards developed by the Department in conjunction with the
12Lead Safe Housing Advisory Council.
13    "Leaded Plumbing" means that portion of a building's
14potable water plumbing that is suspected or known to contain
15lead or lead-containing material as indicated by lead in
16potable water samples.
17    "Low-income" means a household at or below 80% of the
18median income level for a given county as determined annually
19by the U.S. Department of Housing and Urban Development.
20    "Person" means any individual, corporation, partnership,
21firm, organization, or association, acting individually or as a
22group.
23    "Plumbing" has the meaning ascribed to it in the Illinois
24Plumbing License Law.
25    "Property" means a single-family residence.
26    "Recipient" means a person receiving direct assistance

 

 

SB2217- 235 -LRB100 13147 JWD 27539 b

1pursuant to this Act.
2    "Pilot area communities" means the counties or cities
3selected by the Department, with the advice of the Advisory
4Council, where properties whose owners are eligible for the
5assistance provided by this Act are located.
6    "Window" means the inside, outside, and sides of sashes and
7mullions and the frames to the outside edge of the frame,
8including sides, sash guides, and window wells and sills.
9(Source: P.A. 95-492, eff. 1-1-08.)
 
10    (410 ILCS 43/15)
11    Sec. 15. Lead Direct Assistance Program Grant and loan
12program.
13    (a) Subject to appropriation, the Department, in
14consultation with the Advisory Council, shall establish and
15operate the Lead Direct Assistance Program throughout the State
16CLEAR-WIN Program in two pilot area communities selected by the
17Department with advice from the Advisory Council. Pilot area
18communities shall be selected based upon the prevalence of
19low-income families whose children are lead poisoned, the age
20of the housing stock, and other sources of funding available to
21the communities to address lead-based paint hazards.
22    (b) The Department shall be responsible for administering
23the Lead Direct Assistance Program to remediate lead-based
24paint and leaded plumbing hazards in residential buildings
25CLEAR-WIN grant program. The grant shall be used to correct

 

 

SB2217- 236 -LRB100 13147 JWD 27539 b

1lead-based paint hazards in residential buildings. Conditions
2for receiving direct assistance a grant shall be developed by
3the Department, in consultation with the Department of Commerce
4and Economic Opportunity and the Illinois Housing Development
5Authority based on criteria established by the Advisory
6Council. Criteria, including but not limited to the following
7program components, shall include (i) income of the resident
8eligibility for receipt of the grants, with priority given to
9low-income homeowners tenants or owners who rent to low-income
10tenants; (ii) properties where at least one child has been
11found to have an elevated blood level pursuant to the Lead
12Poisoning Prevention Act to be covered under CLEAR-WIN; and
13(iii) properties where the potable water has been tested and
14found to contain lead exceeding levels established by rule the
15number of units to be covered in a property. Recipients of
16direct assistance under this program shall be provided a copy
17of the Department's Prior to making a grant, the Department
18must provide the grant recipient with a copy of the Lead Safe
19Housing Maintenance Standards generated by the Advisory
20Council. The homeowner property owner must certify that he or
21she has received the Standards and intends to comply with them;
22has provided a copy of the Standards to all tenants in the
23building; will continue to rent to the same tenant or other
24low-income tenant for a period of not less than 5 years
25following completion of the work; and will continue to maintain
26the property as lead-safe. Failure to comply with the grant

 

 

SB2217- 237 -LRB100 13147 JWD 27539 b

1conditions of the Lead Direct Assistance Program is a violation
2of this Act may result in repayment of grant funds.
3    (c) (Blank). The Advisory Council shall also consider
4development of a loan program to assist property owners not
5eligible for grants.
6    (d) All lead-based paint hazard control work performed
7pursuant to the Lead Direct Assistance Program shall comply
8with these grant or loan funds shall be conducted in
9conformance with the Lead Poisoning Prevention Act and the
10Illinois Lead Poisoning Prevention Code. All plumbing work
11performed pursuant to the Lead Direct Assistance Program shall
12comply with the Illinois Plumbing Licensing Act and the
13Illinois Plumbing Code. Before persons contractors are paid for
14repair work conducted pursuant to this Act under the CLEAR-WIN
15Program, each subject property dwelling unit assisted must be
16inspected by a lead risk assessor or lead inspector licensed in
17Illinois, and an appropriate number of dust samples must be
18collected from in and around the work areas for lead analysis,
19with results in compliance with levels set by the Lead
20Poisoning Prevention Act and the Illinois Lead Poisoning
21Prevention Code or in the case of leaded plumbing work, be
22inspected by an Illinois-certified plumbing inspector. All
23costs associated with such inspections, including laboratory
24fees, of evaluation shall be compensable to the person
25contracted to provide direct assistance, as prescribed by rule
26the responsibility of the property owner who received the grant

 

 

SB2217- 238 -LRB100 13147 JWD 27539 b

1or loan, but will be provided for by the Department for grant
2recipients and may be included in the amount of the loan.
3Additional repairs and clean-up costs associated with a failed
4clearance test, including follow-up tests, shall be the
5responsibility of the person performing the work pursuant to
6the Lead Direct Assistance Program contractor.
7    (e) The Within 6 months after the effective date of this
8Act, the Advisory Council shall recommend to the Department
9shall issue Lead Safe Housing Maintenance Standards pursuant to
10this Act for purposes of the CLEAR-WIN Program. Except for
11properties where all lead-based paint, leaded plumbing, or
12other identified lead hazards have has been removed, the
13standards shall describe the responsibilities of property
14owners and tenants in maintaining lead-safe housing, including
15but not limited to, prescribing special cleaning, repair,
16flushing, filtering, and maintenance necessary to minimize the
17risk that subject reduce the chance that properties will cause
18lead poisoning in child occupants. Recipients of direct
19assistance CLEAR-WIN grants and loans shall be required to
20continue to maintain their properties in compliance with these
21Lead Safe Housing Maintenance Standards. Failure to maintain
22properties in accordance with these Standards is a violation
23and may subject the recipient to fines and penalties prescribed
24by rule may result in repayment of grant funds or termination
25of the loan.
26    (f) From funds appropriated, the Department may pay its own

 

 

SB2217- 239 -LRB100 13147 JWD 27539 b

1grants and reasonable administrative costs and by agreement,
2the reasonable administrative costs of other public agencies.
3    (g) Failure by any person performing work pursuant to the
4Lead Direct Assistance Program to comply with rules or any
5contractual agreement made thereunder may subject the person to
6administrative action by the Department or other public
7agencies, pursuant to rules adopted hereunder, including, but
8not limited to, civil penalties, retainage of payment, and loss
9of eligibility to participate. Civil actions, including for
10reimbursement, damages and money penalties, and criminal
11actions may be brought by the Attorney General or the state's
12attorney for the county in which the violation occurs.
13(Source: P.A. 95-492, eff. 1-1-08; 96-959, eff. 7-1-10.)
 
14    (410 ILCS 43/20)
15    Sec. 20. Lead abatement training. The Advisory Council
16shall advise the Department determine whether a sufficient
17number of lead abatement training programs exist to serve the
18State pilot sites. If the Department determines it is
19determined additional training programs are needed, the
20Department may utilize funds appropriated pursuant to this Act
21to address deficiencies Advisory Council shall work with the
22Department to establish the additional training programs for
23purposes of the CLEAR-WIN Program.
24(Source: P.A. 95-492, eff. 1-1-08.)
 

 

 

SB2217- 240 -LRB100 13147 JWD 27539 b

1    (410 ILCS 43/25)
2    Sec. 25. Insurance assistance. The Department through
3agreements with other public agencies may allow for
4reimbursement of certain insurance costs associated with
5persons performing work pursuant to this Act shall make
6available, for the portion of a policy related to lead
7activities, 100% insurance subsidies to licensed lead
8abatement contractors who primarily target their work to the
9pilot area communities and employ a significant number of
10licensed lead abatement workers from the pilot area
11communities. Receipt of the subsidies shall be reviewed
12annually by the Department. The Department shall adopt rules
13for implementation of these insurance subsidies within 6 months
14after the effective date of this Act.
15(Source: P.A. 95-492, eff. 1-1-08.)
 
16    (410 ILCS 43/30)
17    Sec. 30. Advisory Council. The Advisory Council shall
18assist the Department in developing submit an annual written
19report to the Governor and General Assembly on the operation
20and effectiveness of the CLEAR-WIN Program. The report must
21evaluate the program's effectiveness on reducing the
22prevalence of lead poisoning in children in the pilot area
23communities and in training and employing persons in the pilot
24area communities. The report may also contain information about
25training and employment associated with persons providing

 

 

SB2217- 241 -LRB100 13147 JWD 27539 b

1direct assistance work. The report also must describe the
2numbers of units in which lead hazards were remediated or
3leaded plumbing replaced lead-based paint was abated; specify
4the type of work completed and the types of dwellings and
5demographics of persons assisted; summarize the cost of lead
6lead-based paint hazard control and CLEAR-WIN Program
7administration; rent increases or decreases in the residential
8property affected by direct assistance work pilot area
9communities; rental property ownership changes; and any other
10CLEAR-WIN actions taken by the Department, other public
11agencies, or the Advisory Council and recommend any necessary
12legislation or rule-making to improve the effectiveness of the
13CLEAR-WIN Program.
14(Source: P.A. 95-492, eff. 1-1-08.)
 
15
ARTICLE 10. RETIREMENT CONTRIBUTIONS

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

 

 

SB2217- 242 -LRB100 13147 JWD 27539 b

12-8.1 of the Illinois State Auditing Act and for the funding of
2the unfunded liabilities of the designated retirement systems.
3Beginning in State fiscal year 2019 2018, payments to the
4designated retirement systems under this Section shall be in
5addition to, and not in lieu of, any State contributions
6required under the Illinois Pension Code.
7    "Designated retirement systems" means:
8        (1) the State Employees' Retirement System of
9    Illinois;
10        (2) the Teachers' Retirement System of the State of
11    Illinois;
12        (3) the State Universities Retirement System;
13        (4) the Judges Retirement System of Illinois; and
14        (5) the General Assembly Retirement System.
15    (b) Each year the General Assembly may make appropriations
16from the State Pensions Fund for the administration of the
17Uniform Disposition of Unclaimed Property Act.
18    Each month, the Commissioner of the Office of Banks and
19Real Estate shall certify to the State Treasurer the actual
20expenditures that the Office of Banks and Real Estate incurred
21conducting unclaimed property examinations under the Uniform
22Disposition of Unclaimed Property Act during the immediately
23preceding month. Within a reasonable time following the
24acceptance of such certification by the State Treasurer, the
25State Treasurer shall pay from its appropriation from the State
26Pensions Fund to the Bank and Trust Company Fund, the Savings

 

 

SB2217- 243 -LRB100 13147 JWD 27539 b

1Bank Regulatory Fund, and the Residential Finance Regulatory
2Fund an amount equal to the expenditures incurred by each Fund
3for that month.
4    Each month, the Director of Financial Institutions shall
5certify to the State Treasurer the actual expenditures that the
6Department of Financial Institutions incurred conducting
7unclaimed property examinations under the Uniform Disposition
8of Unclaimed Property Act during the immediately preceding
9month. Within a reasonable time following the acceptance of
10such certification by the State Treasurer, the State Treasurer
11shall pay from its appropriation from the State Pensions Fund
12to the Financial Institution Fund and the Credit Union Fund an
13amount equal to the expenditures incurred by each Fund for that
14month.
15    (c) As soon as possible after the effective date of this
16amendatory Act of the 93rd General Assembly, the General
17Assembly shall appropriate from the State Pensions Fund (1) to
18the State Universities Retirement System the amount certified
19under Section 15-165 during the prior year, (2) to the Judges
20Retirement System of Illinois the amount certified under
21Section 18-140 during the prior year, and (3) to the General
22Assembly Retirement System the amount certified under Section
232-134 during the prior year as part of the required State
24contributions to each of those designated retirement systems;
25except that amounts appropriated under this subsection (c) in
26State fiscal year 2005 shall not reduce the amount in the State

 

 

SB2217- 244 -LRB100 13147 JWD 27539 b

1Pensions Fund below $5,000,000. If the amount in the State
2Pensions Fund does not exceed the sum of the amounts certified
3in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
4the amount paid to each designated retirement system under this
5subsection shall be reduced in proportion to the amount
6certified by each of those designated retirement systems.
7    (c-5) For fiscal years 2006 through 2018 2017, the General
8Assembly shall appropriate from the State Pensions Fund to the
9State Universities Retirement System the amount estimated to be
10available during the fiscal year in the State Pensions Fund;
11provided, however, that the amounts appropriated under this
12subsection (c-5) shall not reduce the amount in the State
13Pensions Fund below $5,000,000.
14    (c-6) For fiscal year 2019 2018 and each fiscal year
15thereafter, as soon as may be practical after any money is
16deposited into the State Pensions Fund from the Unclaimed
17Property Trust Fund, the State Treasurer shall apportion the
18deposited amount among the designated retirement systems as
19defined in subsection (a) to reduce their actuarial reserve
20deficiencies. The State Comptroller and State Treasurer shall
21pay the apportioned amounts to the designated retirement
22systems to fund the unfunded liabilities of the designated
23retirement systems. The amount apportioned to each designated
24retirement system shall constitute a portion of the amount
25estimated to be available for appropriation from the State
26Pensions Fund that is the same as that retirement system's

 

 

SB2217- 245 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 246 -LRB100 13147 JWD 27539 b

1provided in Section 6z-61 had not occurred. The transfers
2described in this subsection (d-1) are to partially repay the
3General Revenue Fund for the costs associated with the bonds
4used to fund the moneys transferred to the designated
5retirement systems under Section 6z-61.
6    (e) The changes to this Section made by this amendatory Act
7of 1994 shall first apply to distributions from the Fund for
8State fiscal year 1996.
9(Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
1098-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15;
1199-78, eff. 7-20-15; 99-523, eff. 6-30-16.)
 
12    (30 ILCS 105/14.1)   (from Ch. 127, par. 150.1)
13    Sec. 14.1. Appropriations for State contributions to the
14State Employees' Retirement System; payroll requirements.
15    (a) Appropriations for State contributions to the State
16Employees' Retirement System of Illinois shall be expended in
17the manner provided in this Section. Except as otherwise
18provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
19time of each payment of salary to an employee under the
20personal services line item, payment shall be made to the State
21Employees' Retirement System, from the amount appropriated for
22State contributions to the State Employees' Retirement System,
23of an amount calculated at the rate certified for the
24applicable fiscal year by the Board of Trustees of the State
25Employees' Retirement System under Section 14-135.08 of the

 

 

SB2217- 247 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 248 -LRB100 13147 JWD 27539 b

1personal services line item from the General Revenue Fund.
2    (a-2) For fiscal year 2010 only, at the time of each
3payment of salary to an employee under the personal services
4line item from a fund other than the General Revenue Fund,
5payment shall be made for deposit into the State Employees'
6Retirement System of Illinois from the amount appropriated for
7State contributions to the State Employees' Retirement System
8of Illinois of an amount calculated at the rate certified for
9fiscal year 2010 by the Board of Trustees of the State
10Employees' Retirement System of Illinois under Section
1114-135.08 of the Illinois Pension Code. This payment shall be
12made to the extent that a line item appropriation to an
13employer for this purpose is available or unexhausted. For
14fiscal year 2010 only, no payment from appropriations for State
15contributions shall be made in conjunction with payment of
16salary to an employee under the personal services line item
17from the General Revenue Fund.
18    (a-3) For fiscal year 2011 only, at the time of each
19payment of salary to an employee under the personal services
20line item from a fund other than the General Revenue Fund,
21payment shall be made for deposit into the State Employees'
22Retirement System of Illinois from the amount appropriated for
23State contributions to the State Employees' Retirement System
24of Illinois of an amount calculated at the rate certified for
25fiscal year 2011 by the Board of Trustees of the State
26Employees' Retirement System of Illinois under Section

 

 

SB2217- 249 -LRB100 13147 JWD 27539 b

114-135.08 of the Illinois Pension Code. This payment shall be
2made to the extent that a line item appropriation to an
3employer for this purpose is available or unexhausted. For
4fiscal year 2011 only, no payment from appropriations for State
5contributions shall be made in conjunction with payment of
6salary to an employee under the personal services line item
7from the General Revenue Fund.
8    (a-4) In fiscal years 2012 through 2018 2017 only, at the
9time of each payment of salary to an employee under the
10personal services line item from a fund other than the General
11Revenue Fund, payment shall be made for deposit into the State
12Employees' Retirement System of Illinois from the amount
13appropriated for State contributions to the State Employees'
14Retirement System of Illinois of an amount calculated at the
15rate certified for the applicable fiscal year by the Board of
16Trustees of the State Employees' Retirement System of Illinois
17under Section 14-135.08 of the Illinois Pension Code. In fiscal
18years 2012 through 2018 2017 only, no payment from
19appropriations for State contributions shall be made in
20conjunction with payment of salary to an employee under the
21personal services line item from the General Revenue Fund.
22    (b) Except during the period beginning on the effective
23date of this amendatory Act of the 93rd General Assembly and
24ending at the time of the payment of the final payroll from
25fiscal year 2004 appropriations, the State Comptroller shall
26not approve for payment any payroll voucher that (1) includes

 

 

SB2217- 250 -LRB100 13147 JWD 27539 b

1payments of salary to eligible employees in the State
2Employees' Retirement System of Illinois and (2) does not
3include the corresponding payment of State contributions to
4that retirement system at the full rate certified under Section
514-135.08 for that fiscal year for eligible employees, unless
6the balance in the fund on which the payroll voucher is drawn
7is insufficient to pay the total payroll voucher, or
8unavailable due to any limitation on appropriations that may
9apply, including, but not limited to, limitations on
10appropriations from the Road Fund under Section 8.3 of the
11State Finance Act. If the State Comptroller approves a payroll
12voucher under this Section for which the fund balance is
13insufficient to pay the full amount of the required State
14contribution to the State Employees' Retirement System, the
15Comptroller shall promptly so notify the Retirement System.
16    (b-1) For fiscal year 2010 and fiscal year 2011 only, the
17State Comptroller shall not approve for payment any non-General
18Revenue Fund payroll voucher that (1) includes payments of
19salary to eligible employees in the State Employees' Retirement
20System of Illinois and (2) does not include the corresponding
21payment of State contributions to that retirement system at the
22full rate certified under Section 14-135.08 for that fiscal
23year for eligible employees, unless the balance in the fund on
24which the payroll voucher is drawn is insufficient to pay the
25total payroll voucher, or unavailable due to any limitation on
26appropriations that may apply, including, but not limited to,

 

 

SB2217- 251 -LRB100 13147 JWD 27539 b

1limitations on appropriations from the Road Fund under Section
28.3 of the State Finance Act. If the State Comptroller approves
3a payroll voucher under this Section for which the fund balance
4is insufficient to pay the full amount of the required State
5contribution to the State Employees' Retirement System of
6Illinois, the Comptroller shall promptly so notify the
7retirement system.
8    (c) Notwithstanding any other provisions of law, beginning
9July 1, 2007, required State and employee contributions to the
10State Employees' Retirement System of Illinois relating to
11affected legislative staff employees shall be paid out of
12moneys appropriated for that purpose to the Commission on
13Government Forecasting and Accountability, rather than out of
14the lump-sum appropriations otherwise made for the payroll and
15other costs of those employees.
16    These payments must be made pursuant to payroll vouchers
17submitted by the employing entity as part of the regular
18payroll voucher process.
19    For the purpose of this subsection, "affected legislative
20staff employees" means legislative staff employees paid out of
21lump-sum appropriations made to the General Assembly, an
22Officer of the General Assembly, or the Senate Operations
23Commission, but does not include district-office staff or
24employees of legislative support services agencies.
25(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
26eff. 7-9-15; 99-523, eff. 6-30-16.)
 

 

 

SB2217- 252 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 253 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 254 -LRB100 13147 JWD 27539 b

1shall resume those contributions at the commencement of fiscal
2year 2005.
3    (c-1) Notwithstanding subsection (c) of this Section, for
4fiscal years 2010, 2012, 2013, 2014, 2015, 2016, and 2017, and
52018 only, contributions by the several departments are not
6required to be made for General Revenue Funds payrolls
7processed by the Comptroller. Payrolls paid by the several
8departments from all other State funds must continue to be
9processed pursuant to subsection (c) of this Section.
10    (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
112016, and 2017, and 2018 only, on or as soon as possible after
12the 15th day of each month, the Board shall submit vouchers for
13payment of State contributions to the System, in a total
14monthly amount of one-twelfth of the fiscal year General
15Revenue Fund contribution as certified by the System pursuant
16to Section 14-135.08 of the Illinois Pension Code.
17    (d) If an employee is paid from trust funds or federal
18funds, the department or other employer shall pay employer
19contributions from those funds to the System at the certified
20rate, unless the terms of the trust or the federal-State
21agreement preclude the use of the funds for that purpose, in
22which case the required employer contributions shall be paid by
23the State. From the effective date of this amendatory Act of
24the 93rd General Assembly through the payment of the final
25payroll from fiscal year 2004 appropriations, the department or
26other employer shall not pay contributions for the remainder of

 

 

SB2217- 255 -LRB100 13147 JWD 27539 b

1fiscal year 2004 but shall instead make payments as required
2under subsection (a-1) of Section 14.1 of the State Finance
3Act. The department or other employer shall resume payment of
4contributions at the commencement of fiscal year 2005.
5    (e) For State fiscal years 2012 through 2045, the minimum
6contribution to the System to be made by the State for each
7fiscal year shall be an amount determined by the System to be
8sufficient to bring the total assets of the System up to 90% of
9the total actuarial liabilities of the System by the end of
10State fiscal year 2045. In making these determinations, the
11required State contribution shall be calculated each year as a
12level percentage of payroll over the years remaining to and
13including fiscal year 2045 and shall be determined under the
14projected unit credit actuarial cost method.
15    For State fiscal years 1996 through 2005, the State
16contribution to the System, as a percentage of the applicable
17employee payroll, shall be increased in equal annual increments
18so that by State fiscal year 2011, the State is contributing at
19the rate required under this Section; except that (i) for State
20fiscal year 1998, for all purposes of this Code and any other
21law of this State, the certified percentage of the applicable
22employee payroll shall be 5.052% for employees earning eligible
23creditable service under Section 14-110 and 6.500% for all
24other employees, notwithstanding any contrary certification
25made under Section 14-135.08 before the effective date of this
26amendatory Act of 1997, and (ii) in the following specified

 

 

SB2217- 256 -LRB100 13147 JWD 27539 b

1State fiscal years, the State contribution to the System shall
2not be less than the following indicated percentages of the
3applicable employee payroll, even if the indicated percentage
4will produce a State contribution in excess of the amount
5otherwise required under this subsection and subsection (a):
69.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
72002; 10.6% in FY 2003; and 10.8% in FY 2004.
8    Notwithstanding any other provision of this Article, the
9total required State contribution to the System for State
10fiscal year 2006 is $203,783,900.
11    Notwithstanding any other provision of this Article, the
12total required State contribution to the System for State
13fiscal year 2007 is $344,164,400.
14    For each of State fiscal years 2008 through 2009, the State
15contribution to the System, as a percentage of the applicable
16employee payroll, shall be increased in equal annual increments
17from the required State contribution for State fiscal year
182007, so that by State fiscal year 2011, the State is
19contributing at the rate otherwise required under this Section.
20    Notwithstanding any other provision of this Article, the
21total required State General Revenue Fund contribution for
22State fiscal year 2010 is $723,703,100 and shall be made from
23the proceeds of bonds sold in fiscal year 2010 pursuant to
24Section 7.2 of the General Obligation Bond Act, less (i) the
25pro rata share of bond sale expenses determined by the System's
26share of total bond proceeds, (ii) any amounts received from

 

 

SB2217- 257 -LRB100 13147 JWD 27539 b

1the General Revenue Fund in fiscal year 2010, and (iii) any
2reduction in bond proceeds due to the issuance of discounted
3bonds, if applicable.
4    Notwithstanding any other provision of this Article, the
5total required State General Revenue Fund contribution for
6State fiscal year 2011 is the amount recertified by the System
7on or before April 1, 2011 pursuant to Section 14-135.08 and
8shall be made from the proceeds of bonds sold in fiscal year
92011 pursuant to Section 7.2 of the General Obligation Bond
10Act, less (i) the pro rata share of bond sale expenses
11determined by the System's share of total bond proceeds, (ii)
12any amounts received from the General Revenue Fund in fiscal
13year 2011, and (iii) any reduction in bond proceeds due to the
14issuance of discounted bonds, if applicable.
15    Beginning in State fiscal year 2046, the minimum State
16contribution for each fiscal year shall be the amount needed to
17maintain the total assets of the System at 90% of the total
18actuarial liabilities of the System.
19    Amounts received by the System pursuant to Section 25 of
20the Budget Stabilization Act or Section 8.12 of the State
21Finance Act in any fiscal year do not reduce and do not
22constitute payment of any portion of the minimum State
23contribution required under this Article in that fiscal year.
24Such amounts shall not reduce, and shall not be included in the
25calculation of, the required State contributions under this
26Article in any future year until the System has reached a

 

 

SB2217- 258 -LRB100 13147 JWD 27539 b

1funding ratio of at least 90%. A reference in this Article to
2the "required State contribution" or any substantially similar
3term does not include or apply to any amounts payable to the
4System under Section 25 of the Budget Stabilization Act.
5    Notwithstanding any other provision of this Section, the
6required State contribution for State fiscal year 2005 and for
7fiscal year 2008 and each fiscal year thereafter, as calculated
8under this Section and certified under Section 14-135.08, shall
9not exceed an amount equal to (i) the amount of the required
10State contribution that would have been calculated under this
11Section for that fiscal year if the System had not received any
12payments under subsection (d) of Section 7.2 of the General
13Obligation Bond Act, minus (ii) the portion of the State's
14total debt service payments for that fiscal year on the bonds
15issued in fiscal year 2003 for the purposes of that Section
167.2, as determined and certified by the Comptroller, that is
17the same as the System's portion of the total moneys
18distributed under subsection (d) of Section 7.2 of the General
19Obligation Bond Act. In determining this maximum for State
20fiscal years 2008 through 2010, however, the amount referred to
21in item (i) shall be increased, as a percentage of the
22applicable employee payroll, in equal increments calculated
23from the sum of the required State contribution for State
24fiscal year 2007 plus the applicable portion of the State's
25total debt service payments for fiscal year 2007 on the bonds
26issued in fiscal year 2003 for the purposes of Section 7.2 of

 

 

SB2217- 259 -LRB100 13147 JWD 27539 b

1the General Obligation Bond Act, so that, by State fiscal year
22011, the State is contributing at the rate otherwise required
3under this Section.
4    (f) After the submission of all payments for eligible
5employees from personal services line items in fiscal year 2004
6have been made, the Comptroller shall provide to the System a
7certification of the sum of all fiscal year 2004 expenditures
8for personal services that would have been covered by payments
9to the System under this Section if the provisions of this
10amendatory Act of the 93rd General Assembly had not been
11enacted. Upon receipt of the certification, the System shall
12determine the amount due to the System based on the full rate
13certified by the Board under Section 14-135.08 for fiscal year
142004 in order to meet the State's obligation under this
15Section. The System shall compare this amount due to the amount
16received by the System in fiscal year 2004 through payments
17under this Section and under Section 6z-61 of the State Finance
18Act. If the amount due is more than the amount received, the
19difference shall be termed the "Fiscal Year 2004 Shortfall" for
20purposes of this Section, and the Fiscal Year 2004 Shortfall
21shall be satisfied under Section 1.2 of the State Pension Funds
22Continuing Appropriation Act. If the amount due is less than
23the amount received, the difference shall be termed the "Fiscal
24Year 2004 Overpayment" for purposes of this Section, and the
25Fiscal Year 2004 Overpayment shall be repaid by the System to
26the Pension Contribution Fund as soon as practicable after the

 

 

SB2217- 260 -LRB100 13147 JWD 27539 b

1certification.
2    (g) For purposes of determining the required State
3contribution to the System, the value of the System's assets
4shall be equal to the actuarial value of the System's assets,
5which shall be calculated as follows:
6    As of June 30, 2008, the actuarial value of the System's
7assets shall be equal to the market value of the assets as of
8that date. In determining the actuarial value of the System's
9assets for fiscal years after June 30, 2008, any actuarial
10gains or losses from investment return incurred in a fiscal
11year shall be recognized in equal annual amounts over the
125-year period following that fiscal year.
13    (h) For purposes of determining the required State
14contribution to the System for a particular year, the actuarial
15value of assets shall be assumed to earn a rate of return equal
16to the System's actuarially assumed rate of return.
17    (i) After the submission of all payments for eligible
18employees from personal services line items paid from the
19General Revenue Fund in fiscal year 2010 have been made, the
20Comptroller shall provide to the System a certification of the
21sum of all fiscal year 2010 expenditures for personal services
22that would have been covered by payments to the System under
23this Section if the provisions of this amendatory Act of the
2496th General Assembly had not been enacted. Upon receipt of the
25certification, the System shall determine the amount due to the
26System based on the full rate certified by the Board under

 

 

SB2217- 261 -LRB100 13147 JWD 27539 b

1Section 14-135.08 for fiscal year 2010 in order to meet the
2State's obligation under this Section. The System shall compare
3this amount due to the amount received by the System in fiscal
4year 2010 through payments under this Section. If the amount
5due is more than the amount received, the difference shall be
6termed the "Fiscal Year 2010 Shortfall" for purposes of this
7Section, and the Fiscal Year 2010 Shortfall shall be satisfied
8under Section 1.2 of the State Pension Funds Continuing
9Appropriation Act. If the amount due is less than the amount
10received, the difference shall be termed the "Fiscal Year 2010
11Overpayment" for purposes of this Section, and the Fiscal Year
122010 Overpayment shall be repaid by the System to the General
13Revenue Fund as soon as practicable after the certification.
14    (j) After the submission of all payments for eligible
15employees from personal services line items paid from the
16General Revenue Fund in fiscal year 2011 have been made, the
17Comptroller shall provide to the System a certification of the
18sum of all fiscal year 2011 expenditures for personal services
19that would have been covered by payments to the System under
20this Section if the provisions of this amendatory Act of the
2196th General Assembly had not been enacted. Upon receipt of the
22certification, the System shall determine the amount due to the
23System based on the full rate certified by the Board under
24Section 14-135.08 for fiscal year 2011 in order to meet the
25State's obligation under this Section. The System shall compare
26this amount due to the amount received by the System in fiscal

 

 

SB2217- 262 -LRB100 13147 JWD 27539 b

1year 2011 through payments under this Section. If the amount
2due is more than the amount received, the difference shall be
3termed the "Fiscal Year 2011 Shortfall" for purposes of this
4Section, and the Fiscal Year 2011 Shortfall shall be satisfied
5under Section 1.2 of the State Pension Funds Continuing
6Appropriation Act. If the amount due is less than the amount
7received, the difference shall be termed the "Fiscal Year 2011
8Overpayment" for purposes of this Section, and the Fiscal Year
92011 Overpayment shall be repaid by the System to the General
10Revenue Fund as soon as practicable after the certification.
11    (k) For fiscal years 2012 through 2018 2017 only, after the
12submission of all payments for eligible employees from personal
13services line items paid from the General Revenue Fund in the
14fiscal year have been made, the Comptroller shall provide to
15the System a certification of the sum of all expenditures in
16the fiscal year for personal services. Upon receipt of the
17certification, the System shall determine the amount due to the
18System based on the full rate certified by the Board under
19Section 14-135.08 for the fiscal year in order to meet the
20State's obligation under this Section. The System shall compare
21this amount due to the amount received by the System for the
22fiscal year. If the amount due is more than the amount
23received, the difference shall be termed the "Prior Fiscal Year
24Shortfall" for purposes of this Section, and the Prior Fiscal
25Year Shortfall shall be satisfied under Section 1.2 of the
26State Pension Funds Continuing Appropriation Act. If the amount

 

 

SB2217- 263 -LRB100 13147 JWD 27539 b

1due is less than the amount received, the difference shall be
2termed the "Prior Fiscal Year Overpayment" for purposes of this
3Section, and the Prior Fiscal Year Overpayment shall be repaid
4by the System to the General Revenue Fund as soon as
5practicable after the certification.
6(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
7eff. 7-9-15; 99-523, eff. 6-30-16.)
 
8    Section 10-15. The State Pension Funds Continuing
9Appropriation Act is amended by changing Section 1.2 as
10follows:
 
11    (40 ILCS 15/1.2)
12    Sec. 1.2. Appropriations for the State Employees'
13Retirement System.
14    (a) From each fund from which an amount is appropriated for
15personal services to a department or other employer under
16Article 14 of the Illinois Pension Code, there is hereby
17appropriated to that department or other employer, on a
18continuing annual basis for each State fiscal year, an
19additional amount equal to the amount, if any, by which (1) an
20amount equal to the percentage of the personal services line
21item for that department or employer from that fund for that
22fiscal year that the Board of Trustees of the State Employees'
23Retirement System of Illinois has certified under Section
2414-135.08 of the Illinois Pension Code to be necessary to meet

 

 

SB2217- 264 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 265 -LRB100 13147 JWD 27539 b

1System of Illinois on a continuing basis from the General
2Revenue Fund an additional aggregate amount equal to the Fiscal
3Year 2016 Shortfall.
4    (a-4) If a Prior Fiscal Year Shortfall is certified under
5subsection (k) of Section 14-131 of the Illinois Pension Code,
6there is hereby appropriated to the State Employees' Retirement
7System of Illinois on a continuing basis from the General
8Revenue Fund an additional aggregate amount equal to the Prior
9Fiscal Year Shortfall.
10    (b) The continuing appropriations provided for by this
11Section shall first be available in State fiscal year 1996.
12    (c) Beginning in Fiscal Year 2005, any continuing
13appropriation under this Section arising out of an
14appropriation for personal services from the Road Fund to the
15Department of State Police or the Secretary of State shall be
16payable from the General Revenue Fund rather than the Road
17Fund.
18    (d) For State fiscal year 2010 only, a continuing
19appropriation is provided to the State Employees' Retirement
20System equal to the amount certified by the System on or before
21December 31, 2008, less the gross proceeds of the bonds sold in
22fiscal year 2010 under the authorization contained in
23subsection (a) of Section 7.2 of the General Obligation Bond
24Act.
25    (e) For State fiscal year 2011 only, the continuing
26appropriation under this Section provided to the State

 

 

SB2217- 266 -LRB100 13147 JWD 27539 b

1Employees' Retirement System is limited to an amount equal to
2the amount certified by the System on or before December 31,
32009, less any amounts received pursuant to subsection (a-3) of
4Section 14.1 of the State Finance Act.
5    (f) For State fiscal year 2011 only, a continuing
6appropriation is provided to the State Employees' Retirement
7System equal to the amount certified by the System on or before
8April 1, 2011, less the gross proceeds of the bonds sold in
9fiscal year 2011 under the authorization contained in
10subsection (a) of Section 7.2 of the General Obligation Bond
11Act.
12(Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
 
13    Section 10-20. The Uniform Disposition of Unclaimed
14Property Act is amended by changing Section 18 as follows:
 
15    (765 ILCS 1025/18)  (from Ch. 141, par. 118)
16    Sec. 18. Deposit of funds received under the Act.
17    (a) The State Treasurer shall retain all funds received
18under this Act, including the proceeds from the sale of
19abandoned property under Section 17, in a trust fund known as
20the Unclaimed Property Trust Fund. The State Treasurer may
21deposit any amount in the Unclaimed Property Trust Fund into
22the State Pensions Fund during the fiscal year at his or her
23discretion; however, he or she shall, on April 15 and October
2415 of each year, deposit any amount in the Unclaimed Property

 

 

SB2217- 267 -LRB100 13147 JWD 27539 b

1Trust Fund exceeding $2,500,000 into the State Pensions Fund.
2If on either April 15 or October 15, the State Treasurer
3determines that a balance of $2,500,000 is insufficient for the
4prompt payment of unclaimed property claims authorized under
5this Act, the Treasurer may retain more than $2,500,000 in the
6Unclaimed Property Trust Fund in order to ensure the prompt
7payment of claims. Beginning in State fiscal year 2019 2018,
8all amounts that are deposited into the State Pensions Fund
9from the Unclaimed Property Trust Fund shall be apportioned to
10the designated retirement systems as provided in subsection
11(c-6) of Section 8.12 of the State Finance Act to reduce their
12actuarial reserve deficiencies. He or she shall make prompt
13payment of claims he or she duly allows as provided for in this
14Act for the Unclaimed Property Trust Fund. Before making the
15deposit the State Treasurer shall record the name and last
16known address of each person appearing from the holders'
17reports to be entitled to the abandoned property. The record
18shall be available for public inspection during reasonable
19business hours.
20    (b) Before making any deposit to the credit of the State
21Pensions Fund, the State Treasurer may deduct: (1) any costs in
22connection with sale of abandoned property, (2) any costs of
23mailing and publication in connection with any abandoned
24property, and (3) any costs in connection with the maintenance
25of records or disposition of claims made pursuant to this Act.
26The State Treasurer shall semiannually file an itemized report

 

 

SB2217- 268 -LRB100 13147 JWD 27539 b

1of all such expenses with the Legislative Audit Commission.
2(Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674,
3eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15; 99-523,
4eff. 6-30-16.)
 
5
ARTICLE 15. TOURISM FUNDS CONSOLIDATION

 
6    Section 15-5. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois is
8amended by changing Sections 605-705, 605-707, and 605-710 as
9follows:
 
10    (20 ILCS 605/605-705)  (was 20 ILCS 605/46.6a)
11    Sec. 605-705. Grants to local tourism and convention
12bureaus.
13    (a) To establish a grant program for local tourism and
14convention bureaus. The Department will develop and implement a
15program for the use of funds, as authorized under this Act, by
16local tourism and convention bureaus. For the purposes of this
17Act, bureaus eligible to receive funds are those local tourism
18and convention bureaus that are (i) either units of local
19government or incorporated as not-for-profit organizations;
20(ii) in legal existence for a minimum of 2 years before July 1,
212001; (iii) operating with a paid, full-time staff whose sole
22purpose is to promote tourism in the designated service area;
23and (iv) affiliated with one or more municipalities or counties

 

 

SB2217- 269 -LRB100 13147 JWD 27539 b

1that support the bureau with local hotel-motel taxes. After
2July 1, 2001, bureaus requesting certification in order to
3receive funds for the first time must be local tourism and
4convention bureaus that are (i) either units of local
5government or incorporated as not-for-profit organizations;
6(ii) in legal existence for a minimum of 2 years before the
7request for certification; (iii) operating with a paid,
8full-time staff whose sole purpose is to promote tourism in the
9designated service area; and (iv) affiliated with multiple
10municipalities or counties that support the bureau with local
11hotel-motel taxes. Each bureau receiving funds under this Act
12will be certified by the Department as the designated recipient
13to serve an area of the State. Notwithstanding the criteria set
14forth in this subsection (a), or any rule adopted under this
15subsection (a), the Director of the Department may provide for
16the award of grant funds to one or more entities if in the
17Department's judgment that action is necessary in order to
18prevent a loss of funding critical to promoting tourism in a
19designated geographic area of the State.
20    (b) To distribute grants to local tourism and convention
21bureaus from appropriations made from the Local Tourism Fund
22for that purpose. Of the amounts appropriated annually to the
23Department for expenditure under this Section prior to July 1,
242011, one-third of those monies shall be used for grants to
25convention and tourism bureaus in cities with a population
26greater than 500,000. The remaining two-thirds of the annual

 

 

SB2217- 270 -LRB100 13147 JWD 27539 b

1appropriation prior to July 1, 2011 shall be used for grants to
2convention and tourism bureaus in the remainder of the State,
3in accordance with a formula based upon the population served.
4Of the amounts appropriated annually to the Department for
5expenditure under this Section beginning July 1, 2011, 18% of
6such moneys shall be used for grants to convention and tourism
7bureaus in cities with a population greater than 500,000. Of
8the amounts appropriated annually to the Department for
9expenditure under this Section beginning July 1, 2011, 82% of
10such moneys shall be used for grants to convention bureaus in
11the remainder of the State, in accordance with a formula based
12upon the population served. The Department may reserve up to
1310% of total local tourism funds available for costs of
14administering the program to conduct audits of grants, to
15provide incentive funds to those bureaus that will conduct
16promotional activities designed to further the Department's
17statewide advertising campaign, to fund special statewide
18promotional activities, and to fund promotional activities
19that support an increased use of the State's parks or historic
20sites. The Department shall require that any convention and
21tourism bureau receiving a grant under this Section that
22requires matching funds shall provide matching funds equal to
23no less than 50% of the grant amount. During fiscal year 2013,
24the Department shall reserve $2,000,000 of the available local
25tourism funds for appropriation to the Historic Preservation
26Agency for the operation of the Abraham Lincoln Presidential

 

 

SB2217- 271 -LRB100 13147 JWD 27539 b

1Library and Museum and State historic sites.
2    (c) Notwithstanding any other provision of law, in addition
3to any other transfers that may be provided by law, on July 1,
42017, or as soon thereafter as practical, the State Comptroller
5shall direct and the State Treasurer shall transfer the
6remaining balance from the Local Tourism Fund into the Tourism
7Promotion Fund. Upon completion of the transfers, the Local
8Tourism Fund is dissolved, and any future deposits due to that
9Fund and any outstanding obligations or liabilities of that
10Fund pass to the Tourism Promotion Fund.
11(Source: P.A. 97-617, eff. 10-26-11; 97-732, eff. 6-30-12;
1298-252, eff. 8-9-13.)
 
13    (20 ILCS 605/605-707)  (was 20 ILCS 605/46.6d)
14    Sec. 605-707. International Tourism Program.
15    (a) The Department of Commerce and Economic Opportunity
16must establish a program for international tourism. The
17Department shall develop and implement the program on January
181, 2000 by rule. As part of the program, the Department may
19work in cooperation with local convention and tourism bureaus
20in Illinois in the coordination of international tourism
21efforts at the State and local level. The Department may (i)
22work in cooperation with local convention and tourism bureaus
23for efficient use of their international tourism marketing
24resources, (ii) promote Illinois in international meetings and
25tourism markets, (iii) work with convention and tourism bureaus

 

 

SB2217- 272 -LRB100 13147 JWD 27539 b

1throughout the State to increase the number of international
2tourists to Illinois, (iv) provide training, research,
3technical support, and grants to certified convention and
4tourism bureaus, (v) provide staff, administration, and
5related support required to manage the programs under this
6Section, and (vi) provide grants for the development of or the
7enhancement of international tourism attractions.
8    (b) The Department shall make grants for expenses related
9to international tourism and pay for the staffing,
10administration, and related support from the International
11Tourism Fund, a special fund created in the State Treasury. Of
12the amounts deposited into the Fund in fiscal year 2000 after
13January 1, 2000 through fiscal year 2011, 55% shall be used for
14grants to convention and tourism bureaus in Chicago (other than
15the City of Chicago's Office of Tourism) and 45% shall be used
16for development of international tourism in areas outside of
17Chicago. Of the amounts deposited into the Fund in fiscal year
182001 and thereafter, 55% shall be used for grants to convention
19and tourism bureaus in Chicago, and of that amount not less
20than 27.5% shall be used for grants to convention and tourism
21bureaus in Chicago other than the City of Chicago's Office of
22Tourism, and 45% shall be used for administrative expenses and
23grants authorized under this Section and development of
24international tourism in areas outside of Chicago, of which not
25less than $1,000,000 shall be used annually to make grants to
26convention and tourism bureaus in cities other than Chicago

 

 

SB2217- 273 -LRB100 13147 JWD 27539 b

1that demonstrate their international tourism appeal and
2request to develop or expand their international tourism
3marketing program, and may also be used to provide grants under
4item (vi) of subsection (a) of this Section. All of the amounts
5deposited into the Fund in fiscal year 2012 and thereafter
6shall be used for administrative expenses and grants authorized
7under this Section and development of international tourism in
8areas outside of Chicago, of which not less than $1,000,000
9shall be used annually to make grants to convention and tourism
10bureaus in cities other than Chicago that demonstrate their
11international tourism appeal and request to develop or expand
12their international tourism marketing program, and may also be
13used to provide grants under item (vi) of subsection (a) of
14this Section. Amounts appropriated to the State Comptroller for
15administrative expenses and grants authorized by the Illinois
16Global Partnership Act are payable from the International
17Tourism Fund.
18    (c) A convention and tourism bureau is eligible to receive
19grant moneys under this Section if the bureau is certified to
20receive funds under Title 14 of the Illinois Administrative
21Code, Section 550.35. To be eligible for a grant, a convention
22and tourism bureau must provide matching funds equal to the
23grant amount. The Department shall require that any convention
24and tourism bureau receiving a grant under this Section that
25requires matching funds shall provide matching funds equal to
26no less than 50% of the grant amount. In certain circumstances

 

 

SB2217- 274 -LRB100 13147 JWD 27539 b

1as determined by the Director of Commerce and Economic
2Opportunity, however, the City of Chicago's Office of Tourism
3or any other convention and tourism bureau may provide matching
4funds equal to no less than 50% of the grant amount to be
5eligible to receive the grant. One-half of this 50% may be
6provided through in-kind contributions. Grants received by the
7City of Chicago's Office of Tourism and by convention and
8tourism bureaus in Chicago may be expended for the general
9purposes of promoting conventions and tourism.
10    (d) Notwithstanding any other provision of law, in addition
11to any other transfers that may be provided by law, on July 1,
122017, or as soon thereafter as practical, the State Comptroller
13shall direct and the State Treasurer shall transfer the
14remaining balance from the International Tourism Fund into the
15Tourism Promotion Fund. Upon completion of the transfers, the
16International Tourism Fund is dissolved, and any future
17deposits due to that Fund and any outstanding obligations or
18liabilities of that Fund pass to the Tourism Promotion Fund.
19(Source: P.A. 97-617, eff. 10-26-11; 97-732, eff. 6-30-12;
2098-252, eff. 8-9-13.)
 
21    (20 ILCS 605/605-710)
22    Sec. 605-710. Regional tourism development organizations.
23    (a) The Department may, subject to appropriation, provide
24grants from the Tourism Promotion Fund for the administrative
25costs of not-for-profit regional tourism development

 

 

SB2217- 275 -LRB100 13147 JWD 27539 b

1organizations that assist the Department in developing tourism
2throughout a multi-county geographical area designated by the
3Department. Regional tourism development organizations
4receiving funds under this Section may be required by the
5Department to submit to audits of contracts awarded by the
6Department to determine whether the regional tourism
7development organization has performed all contractual
8obligations under those contracts.
9    Every employee of a regional tourism development
10organization receiving funds under this Section shall disclose
11to the organization's governing board and to the Department any
12economic interest that employee may have in any entity with
13which the regional tourism development organization has
14contracted or to which the regional tourism development
15organization has granted funds.
16    (b) The Department, from moneys transferred from the
17General Revenue Fund to the Tourism Promotion Fund and
18appropriated from the Tourism Promotion Fund, shall first
19provide funding of $5,000,000 annually to a governmental entity
20with at least 2,000,000 square feet of exhibition space that
21has as part of its duties the promotion of cultural, scientific
22and trade exhibits and events within a county with a population
23of more than 3,000,000, to be used for any of the governmental
24entity's general corporate purposes.
25(Source: P.A. 92-11, eff. 6-11-01; 92-38, eff. 6-28-01; 92-651,
26eff. 7-11-02.)
 

 

 

SB2217- 276 -LRB100 13147 JWD 27539 b

1    Section 15-10. The Illinois Promotion Act is amended by
2changing Sections 4a, 5, and 8 as follows:
 
3    (20 ILCS 665/4a)  (from Ch. 127, par. 200-24a)
4    Sec. 4a. Funds.
5    (1) All moneys deposited in the Tourism Promotion Fund
6pursuant to this subsection are allocated to the Department for
7utilization, as appropriated, in the performance of its powers
8under Section 4; except that during fiscal year 2013, the
9Department shall reserve $9,800,000 of the total funds
10available for appropriation in the Tourism Promotion Fund for
11appropriation to the Historic Preservation Agency for the
12operation of the Abraham Lincoln Presidential Library and
13Museum and State historic sites.
14    As soon as possible after the first day of each month,
15beginning July 1, 1997 and ending on June 30, 2017, upon
16certification of the Department of Revenue, the Comptroller
17shall order transferred and the Treasurer shall transfer from
18the General Revenue Fund to the Tourism Promotion Fund an
19amount equal to 13% of the net revenue realized from the Hotel
20Operators' Occupation Tax Act plus an amount equal to 13% of
21the net revenue realized from any tax imposed under Section
224.05 of the Chicago World's Fair-1992 Authority Act during the
23preceding month. "Net revenue realized for a month" means the
24revenue collected by the State under that Act during the

 

 

SB2217- 277 -LRB100 13147 JWD 27539 b

1previous month less the amount paid out during that same month
2as refunds to taxpayers for overpayment of liability under that
3Act.
4    (1.1) (Blank).
5    (2) As soon as possible after the first day of each month,
6beginning July 1, 1997 and ending on June 30, 2017, upon
7certification of the Department of Revenue, the Comptroller
8shall order transferred and the Treasurer shall transfer from
9the General Revenue Fund to the Tourism Promotion Fund an
10amount equal to 8% of the net revenue realized from the Hotel
11Operators' Occupation Tax plus an amount equal to 8% of the net
12revenue realized from any tax imposed under Section 4.05 of the
13Chicago World's Fair-1992 Authority Act during the preceding
14month. "Net revenue realized for a month" means the revenue
15collected by the State under that Act during the previous month
16less the amount paid out during that same month as refunds to
17taxpayers for overpayment of liability under that Act.
18    All monies deposited in the Tourism Promotion Fund under
19this subsection (2) shall be used solely as provided in this
20subsection to advertise and promote tourism throughout
21Illinois. Appropriations of monies deposited in the Tourism
22Promotion Fund pursuant to this subsection (2) shall be used
23solely for advertising to promote tourism, including but not
24limited to advertising production and direct advertisement
25costs, but shall not be used to employ any additional staff,
26finance any individual event, or lease, rent or purchase any

 

 

SB2217- 278 -LRB100 13147 JWD 27539 b

1physical facilities. The Department shall coordinate its
2advertising under this subsection (2) with other public and
3private entities in the State engaged in similar promotion
4activities. Print or electronic media production made pursuant
5to this subsection (2) for advertising promotion shall not
6contain or include the physical appearance of or reference to
7the name or position of any public officer. "Public officer"
8means a person who is elected to office pursuant to statute, or
9who is appointed to an office which is established, and the
10qualifications and duties of which are prescribed, by statute,
11to discharge a public duty for the State or any of its
12political subdivisions.
13    (3) Notwithstanding anything in this Section to the
14contrary, amounts transferred from the General Revenue Fund to
15the Tourism Promotion Fund pursuant to this Section shall not
16exceed $26,300,000 in State fiscal year 2012.
17    (4) As soon as possible after the first day of each month,
18beginning July 1, 2017, if the amount of revenue deposited into
19the Tourism Promotion Fund under subsection (c) of Section 6 of
20the Hotel Operators' Occupation Tax Act is less than 21% of the
21net revenue realized from the Hotel Operators' Occupation Tax
22during the preceding month, then, upon certification of the
23Department of Revenue, the State Comptroller shall direct and
24the State Treasurer shall transfer from the General Revenue
25Fund to the Tourism Promotion Fund an amount equal to the
26difference between 21% of the net revenue realized from the

 

 

SB2217- 279 -LRB100 13147 JWD 27539 b

1Hotel Operators' Occupation Tax during the preceding month and
2the amount of revenue deposited into the Tourism Promotion Fund
3under subsection (c) of Section 6 of the Hotel Operators'
4Occupation Tax Act.
5    (5) Beginning on July 1, 2017, moneys deposited into the
6Tourism Promotion Fund under subsection (c) of Section 6 of the
7Hotel Operators' Occupation Tax Act may be used by the
8Department of Commerce and Economic Opportunity for the
9purposes authorized in the Illinois Promotion Act and for
10advertising to promote tourism, including but not limited to
11advertising production and direct advertisement costs.
12(Source: P.A. 97-641, eff. 12-19-11; 97-732, eff. 6-30-12.)
 
13    (20 ILCS 665/5)  (from Ch. 127, par. 200-25)
14    Sec. 5. Marketing and private sector programs.
15    (a) The Department is authorized to make grants, subject to
16appropriation, from funds transferred into the Tourism
17Promotion Fund under subsection (1) of Section 4a to counties,
18municipalities, not-for-profit organizations, and local
19promotion groups and to assist such counties, municipalities
20and local promotion groups in the promotion of tourism
21attractions and tourism events. The Department, after review of
22the application and if satisfied that the program and proposed
23expenditures of the applicant appear to be in accord with the
24purposes of this Act, must grant to the applicant an amount not
25to exceed 60% of the proposed expenditures.

 

 

SB2217- 280 -LRB100 13147 JWD 27539 b

1    (b) The Department may make grants, subject to
2appropriation, from funds transferred into the Tourism
3Promotion Fund under subsection (1) of Section 4a to counties,
4municipalities, not-for-profit organizations, local promotion
5groups, and for-profit businesses to assist in attracting and
6hosting tourism events matched with funds from sources in the
7private sector. The Department, after review of the application
8and if satisfied that the program and proposed expenditures of
9the applicant appear to be in accord with the purposes of this
10Act, must grant to the applicant an amount not to exceed 50% of
11the proposed expenditures.
12    Before any such grant may be made the county, municipality,
13not-for-profit organization, local promotion group, or
14for-profit business must make application to the Department for
15such grant, setting forth the studies, surveys and
16investigations proposed to be made and other activities
17proposed to be undertaken. The application shall further state,
18under oath or affirmation, with evidence thereof satisfactory
19to the Department, the amount of funds held by, committed to or
20subscribed to, and proposed to be expended by, the applicant
21for the purposes herein described and the amount of the grant
22for which application is made.
23(Source: P.A. 92-38, eff. 6-28-01.)
 
24    (20 ILCS 665/8)  (from Ch. 127, par. 200-28)
25    Sec. 8. Allocation of appropriations.

 

 

SB2217- 281 -LRB100 13147 JWD 27539 b

1    (1) Amounts transferred under subsection (1) of Section 4a
2that are appropriated from the Tourism Promotion Fund to the
3Department for the purpose of making grants under Sections 5
4and 6 of this Act shall be allocated by the Department as
5follows:
6        (a) 62.5% to local promotion groups, municipalities,
7    and counties not wholly or partially within any county of
8    more than 1 million population;
9        (b) 37.5% to local promotion groups, municipalities,
10    and counties wholly or partially within any county of more
11    than 1 million population.
12    However, if sufficient local funds cannot be raised to
13match the allocation made under either paragraph (a) or (b) of
14this subsection, such appropriations may be reallocated, in
15whole or in part, to any applicant or applicants able to
16qualify for a grant or may be used by the Department to promote
17the tourist attractions of the State of Illinois as a whole.
18    (2) Amounts transferred under subsection (1) of Section 4a
19that are appropriated from the Tourism Promotion Fund to the
20Department for the purpose of making grants under Sections 5
21and 6 of this Act to match funds from the private sector may be
22used by the Department in any county of this State.
23(Source: P.A. 90-26, eff. 7-1-97.)
 
24    (30 ILCS 105/5.162 rep.)
25    (30 ILCS 105/5.523 rep.)

 

 

SB2217- 282 -LRB100 13147 JWD 27539 b

1    (30 ILCS 105/5.810 rep.)
2    Section 15-15. The State Finance Act is amended by
3repealing Sections 5.162, 5.523, and 5.810.
 
4    Section 15-20. The Hotel Operators' Occupation Tax Act is
5amended by changing Section 6 as follows:
 
6    (35 ILCS 145/6)  (from Ch. 120, par. 481b.36)
7    Sec. 6. Filing of returns and distribution of proceeds.
8    (a) Except as provided hereinafter in this Section, on or
9before the last day of each calendar month, every person
10engaged in the business of renting, leasing or letting rooms in
11a hotel in this State during the preceding calendar month shall
12file a return with the Department, stating:
13        1. The name of the operator;
14        2. His residence address and the address of his
15    principal place of business and the address of the
16    principal place of business (if that is a different
17    address) from which he engages in the business of renting,
18    leasing or letting rooms in a hotel in this State;
19        3. Total amount of rental receipts received by him
20    during the preceding calendar month from renting, leasing
21    or letting rooms during such preceding calendar month;
22        4. Total amount of rental receipts received by him
23    during the preceding calendar month from renting, leasing
24    or letting rooms to permanent residents during such

 

 

SB2217- 283 -LRB100 13147 JWD 27539 b

1    preceding calendar month;
2        5. Total amount of other exclusions from gross rental
3    receipts allowed by this Act;
4        6. Gross rental receipts which were received by him
5    during the preceding calendar month and upon the basis of
6    which the tax is imposed;
7        7. The amount of tax due;
8        8. Such other reasonable information as the Department
9    may require.
10    If the operator's average monthly tax liability to the
11Department does not exceed $200, the Department may authorize
12his returns to be filed on a quarter annual basis, with the
13return for January, February and March of a given year being
14due by April 30 of such year; with the return for April, May
15and June of a given year being due by July 31 of such year; with
16the return for July, August and September of a given year being
17due by October 31 of such year, and with the return for
18October, November and December of a given year being due by
19January 31 of the following year.
20    If the operator's average monthly tax liability to the
21Department does not exceed $50, the Department may authorize
22his returns to be filed on an annual basis, with the return for
23a given year being due by January 31 of the following year.
24    Such quarter annual and annual returns, as to form and
25substance, shall be subject to the same requirements as monthly
26returns.

 

 

SB2217- 284 -LRB100 13147 JWD 27539 b

1    Notwithstanding any other provision in this Act concerning
2the time within which an operator may file his return, in the
3case of any operator who ceases to engage in a kind of business
4which makes him responsible for filing returns under this Act,
5such operator shall file a final return under this Act with the
6Department not more than 1 month after discontinuing such
7business.
8    Where the same person has more than 1 business registered
9with the Department under separate registrations under this
10Act, such person shall not file each return that is due as a
11single return covering all such registered businesses, but
12shall file separate returns for each such registered business.
13    In his return, the operator shall determine the value of
14any consideration other than money received by him in
15connection with the renting, leasing or letting of rooms in the
16course of his business and he shall include such value in his
17return. Such determination shall be subject to review and
18revision by the Department in the manner hereinafter provided
19for the correction of returns.
20    Where the operator is a corporation, the return filed on
21behalf of such corporation shall be signed by the president,
22vice-president, secretary or treasurer or by the properly
23accredited agent of such corporation.
24    The person filing the return herein provided for shall, at
25the time of filing such return, pay to the Department the
26amount of tax herein imposed. The operator filing the return

 

 

SB2217- 285 -LRB100 13147 JWD 27539 b

1under this Section shall, at the time of filing such return,
2pay to the Department the amount of tax imposed by this Act
3less a discount of 2.1% or $25 per calendar year, whichever is
4greater, which is allowed to reimburse the operator for the
5expenses incurred in keeping records, preparing and filing
6returns, remitting the tax and supplying data to the Department
7on request.
8    (b) There shall be deposited in the Build Illinois Fund in
9the State Treasury for each State fiscal year 40% of the amount
10of total net proceeds from the tax imposed by subsection (a) of
11Section 3. Of the remaining 60%, $5,000,000 shall be deposited
12in the Illinois Sports Facilities Fund and credited to the
13Subsidy Account each fiscal year by making monthly deposits in
14the amount of 1/8 of $5,000,000 plus cumulative deficiencies in
15such deposits for prior months, and an additional $8,000,000
16shall be deposited in the Illinois Sports Facilities Fund and
17credited to the Advance Account each fiscal year by making
18monthly deposits in the amount of 1/8 of $8,000,000 plus any
19cumulative deficiencies in such deposits for prior months;
20provided, that for fiscal years ending after June 30, 2001, the
21amount to be so deposited into the Illinois Sports Facilities
22Fund and credited to the Advance Account each fiscal year shall
23be increased from $8,000,000 to the then applicable Advance
24Amount and the required monthly deposits beginning with July
252001 shall be in the amount of 1/8 of the then applicable
26Advance Amount plus any cumulative deficiencies in those

 

 

SB2217- 286 -LRB100 13147 JWD 27539 b

1deposits for prior months. (The deposits of the additional
2$8,000,000 or the then applicable Advance Amount, as
3applicable, during each fiscal year shall be treated as
4advances of funds to the Illinois Sports Facilities Authority
5for its corporate purposes to the extent paid to the Authority
6or its trustee and shall be repaid into the General Revenue
7Fund in the State Treasury by the State Treasurer on behalf of
8the Authority pursuant to Section 19 of the Illinois Sports
9Facilities Authority Act, as amended. If in any fiscal year the
10full amount of the then applicable Advance Amount is not repaid
11into the General Revenue Fund, then the deficiency shall be
12paid from the amount in the Local Government Distributive Fund
13that would otherwise be allocated to the City of Chicago under
14the State Revenue Sharing Act.)
15    For purposes of the foregoing paragraph, the term "Advance
16Amount" means, for fiscal year 2002, $22,179,000, and for
17subsequent fiscal years through fiscal year 2032, 105.615% of
18the Advance Amount for the immediately preceding fiscal year,
19rounded up to the nearest $1,000.
20    Of the remaining 60% of the amount of total net proceeds
21prior to August 1, 2011 from the tax imposed by subsection (a)
22of Section 3 after all required deposits in the Illinois Sports
23Facilities Fund, the amount equal to 8% of the net revenue
24realized from this Act plus an amount equal to 8% of the net
25revenue realized from any tax imposed under Section 4.05 of the
26Chicago World's Fair-1992 Authority Act during the preceding

 

 

SB2217- 287 -LRB100 13147 JWD 27539 b

1month shall be deposited in the Local Tourism Fund each month
2for purposes authorized by Section 605-705 of the Department of
3Commerce and Economic Opportunity Law (20 ILCS 605/605-705). Of
4the remaining 60% of the amount of total net proceeds beginning
5on August 1, 2011 and ending on June 30, 2017 from the tax
6imposed by subsection (a) of Section 3 after all required
7deposits in the Illinois Sports Facilities Fund, an amount
8equal to 8% of the net revenue realized from this Act plus an
9amount equal to 8% of the net revenue realized from any tax
10imposed under Section 4.05 of the Chicago World's Fair-1992
11Authority Act during the preceding month shall be deposited as
12follows: 18% of such amount shall be deposited into the Chicago
13Travel Industry Promotion Fund for the purposes described in
14subsection (n) of Section 5 of the Metropolitan Pier and
15Exposition Authority Act and the remaining 82% of such amount
16shall be deposited into the Local Tourism Fund each month for
17purposes authorized by Section 605-705 of the Department of
18Commerce and Economic Opportunity Law. Of the remaining 60% of
19the amount of total net proceeds beginning on July 1, 2017 from
20the tax imposed by subsection (a) of Section 3 after all
21required deposits in the Illinois Sports Facilities Fund, an
22amount equal to 8% of the net revenue realized from this Act
23during the preceding month shall be deposited as follows: 18%
24of such amount shall be deposited into the Tourism Promotion
25Fund for the purposes described in subsection (n) of Section 5
26of the Metropolitan Pier and Exposition Authority Act and the

 

 

SB2217- 288 -LRB100 13147 JWD 27539 b

1remaining 82% of such amount shall be deposited into the
2Tourism Promotion Fund each month for purposes authorized by
3Section 605-705 of the Department of Commerce and Economic
4Opportunity Law. Beginning on August 1, 1999 and ending on July
531, 2011, an amount equal to 4.5% of the net revenue realized
6from the Hotel Operators' Occupation Tax Act during the
7preceding month shall be deposited into the International
8Tourism Fund for the purposes authorized in Section 605-707 of
9the Department of Commerce and Economic Opportunity Law.
10Beginning on August 1, 2011 and ending on June 30, 2017, an
11amount equal to 4.5% of the net revenue realized from this Act
12during the preceding month shall be deposited as follows: 55%
13of such amount shall be deposited into the Chicago Travel
14Industry Promotion Fund for the purposes described in
15subsection (n) of Section 5 of the Metropolitan Pier and
16Exposition Authority Act and the remaining 45% of such amount
17deposited into the International Tourism Fund for the purposes
18authorized in Section 605-707 of the Department of Commerce and
19Economic Opportunity Law. Beginning on July 1, 2017, of the
20remaining 60% of the amount of total net proceeds beginning on
21July 1, 2016 from the tax imposed by subsection (a) of Section
223 after all required deposits in the Illinois Sports Facilities
23Fund, an amount equal to 4.5% of the net revenue realized from
24this Act during the preceding month shall be deposited as
25follows: 55% of such amount shall be deposited into the Tourism
26Promotion Fund for the purposes described in subsection (n) of

 

 

SB2217- 289 -LRB100 13147 JWD 27539 b

1Section 5 of the Metropolitan Pier and Exposition Authority Act
2and the remaining 45% of such amount deposited into the Tourism
3Promotion Fund for the purposes authorized in Section 605-707
4of the Department of Commerce and Economic Opportunity Law.
5"Net revenue realized for a month" means the revenue collected
6by the State under that Act during the previous month less the
7amount paid out during that same month as refunds to taxpayers
8for overpayment of liability under that Act.
9    (c) After making all these deposits, all other proceeds of
10the tax imposed under subsection (a) of Section 3 shall be
11deposited in the Tourism Promotion General Revenue Fund in the
12State Treasury. All moneys received by the Department from the
13additional tax imposed under subsection (b) of Section 3 shall
14be deposited into the Build Illinois Fund in the State
15Treasury.
16    (d) The Department may, upon separate written notice to a
17taxpayer, require the taxpayer to prepare and file with the
18Department on a form prescribed by the Department within not
19less than 60 days after receipt of the notice an annual
20information return for the tax year specified in the notice.
21Such annual return to the Department shall include a statement
22of gross receipts as shown by the operator's last State income
23tax return. If the total receipts of the business as reported
24in the State income tax return do not agree with the gross
25receipts reported to the Department for the same period, the
26operator shall attach to his annual information return a

 

 

SB2217- 290 -LRB100 13147 JWD 27539 b

1schedule showing a reconciliation of the 2 amounts and the
2reasons for the difference. The operator's annual information
3return to the Department shall also disclose pay roll
4information of the operator's business during the year covered
5by such return and any additional reasonable information which
6the Department deems would be helpful in determining the
7accuracy of the monthly, quarterly or annual tax returns by
8such operator as hereinbefore provided for in this Section.
9    If the annual information return required by this Section
10is not filed when and as required the taxpayer shall be liable
11for a penalty in an amount determined in accordance with
12Section 3-4 of the Uniform Penalty and Interest Act until such
13return is filed as required, the penalty to be assessed and
14collected in the same manner as any other penalty provided for
15in this Act.
16    The chief executive officer, proprietor, owner or highest
17ranking manager shall sign the annual return to certify the
18accuracy of the information contained therein. Any person who
19willfully signs the annual return containing false or
20inaccurate information shall be guilty of perjury and punished
21accordingly. The annual return form prescribed by the
22Department shall include a warning that the person signing the
23return may be liable for perjury.
24    The foregoing portion of this Section concerning the filing
25of an annual information return shall not apply to an operator
26who is not required to file an income tax return with the

 

 

SB2217- 291 -LRB100 13147 JWD 27539 b

1United States Government.
2(Source: P.A. 97-617, eff. 10-26-11.)
 
3    Section 15-25. The Metropolitan Pier and Exposition
4Authority Act is amended by changing Section 5 as follows:
 
5    (70 ILCS 210/5)  (from Ch. 85, par. 1225)
6    Sec. 5. The Metropolitan Pier and Exposition Authority
7shall also have the following rights and powers:
8        (a) To accept from Chicago Park Fair, a corporation, an
9    assignment of whatever sums of money it may have received
10    from the Fair and Exposition Fund, allocated by the
11    Department of Agriculture of the State of Illinois, and
12    Chicago Park Fair is hereby authorized to assign, set over
13    and transfer any of those funds to the Metropolitan Pier
14    and Exposition Authority. The Authority has the right and
15    power hereafter to receive sums as may be distributed to it
16    by the Department of Agriculture of the State of Illinois
17    from the Fair and Exposition Fund pursuant to the
18    provisions of Sections 5, 6i, and 28 of the State Finance
19    Act. All sums received by the Authority shall be held in
20    the sole custody of the secretary-treasurer of the
21    Metropolitan Pier and Exposition Board.
22        (b) To accept the assignment of, assume and execute any
23    contracts heretofore entered into by Chicago Park Fair.
24        (c) To acquire, own, construct, equip, lease, operate

 

 

SB2217- 292 -LRB100 13147 JWD 27539 b

1    and maintain grounds, buildings and facilities to carry out
2    its corporate purposes and duties, and to carry out or
3    otherwise provide for the recreational, cultural,
4    commercial or residential development of Navy Pier, and to
5    fix and collect just, reasonable and nondiscriminatory
6    charges for the use thereof. The charges so collected shall
7    be made available to defray the reasonable expenses of the
8    Authority and to pay the principal of and the interest upon
9    any revenue bonds issued by the Authority. The Authority
10    shall be subject to and comply with the Lake Michigan and
11    Chicago Lakefront Protection Ordinance, the Chicago
12    Building Code, the Chicago Zoning Ordinance, and all
13    ordinances and regulations of the City of Chicago contained
14    in the following Titles of the Municipal Code of Chicago:
15    Businesses, Occupations and Consumer Protection; Health
16    and Safety; Fire Prevention; Public Peace, Morals and
17    Welfare; Utilities and Environmental Protection; Streets,
18    Public Ways, Parks, Airports and Harbors; Electrical
19    Equipment and Installation; Housing and Economic
20    Development (only Chapter 5-4 thereof); and Revenue and
21    Finance (only so far as such Title pertains to the
22    Authority's duty to collect taxes on behalf of the City of
23    Chicago).
24        (d) To enter into contracts treating in any manner with
25    the objects and purposes of this Act.
26        (e) To lease any buildings to the Adjutant General of

 

 

SB2217- 293 -LRB100 13147 JWD 27539 b

1    the State of Illinois for the use of the Illinois National
2    Guard or the Illinois Naval Militia.
3        (f) To exercise the right of eminent domain by
4    condemnation proceedings in the manner provided by the
5    Eminent Domain Act, including, with respect to Site B only,
6    the authority to exercise quick take condemnation by
7    immediate vesting of title under Article 20 of the Eminent
8    Domain Act, to acquire any privately owned real or personal
9    property and, with respect to Site B only, public property
10    used for rail transportation purposes (but no such taking
11    of such public property shall, in the reasonable judgment
12    of the owner, interfere with such rail transportation) for
13    the lawful purposes of the Authority in Site A, at Navy
14    Pier, and at Site B. Just compensation for property taken
15    or acquired under this paragraph shall be paid in money or,
16    notwithstanding any other provision of this Act and with
17    the agreement of the owner of the property to be taken or
18    acquired, the Authority may convey substitute property or
19    interests in property or enter into agreements with the
20    property owner, including leases, licenses, or
21    concessions, with respect to any property owned by the
22    Authority, or may provide for other lawful forms of just
23    compensation to the owner. Any property acquired in
24    condemnation proceedings shall be used only as provided in
25    this Act. Except as otherwise provided by law, the City of
26    Chicago shall have a right of first refusal prior to any

 

 

SB2217- 294 -LRB100 13147 JWD 27539 b

1    sale of any such property by the Authority to a third party
2    other than substitute property. The Authority shall
3    develop and implement a relocation plan for businesses
4    displaced as a result of the Authority's acquisition of
5    property. The relocation plan shall be substantially
6    similar to provisions of the Uniform Relocation Assistance
7    and Real Property Acquisition Act and regulations
8    promulgated under that Act relating to assistance to
9    displaced businesses. To implement the relocation plan the
10    Authority may acquire property by purchase or gift or may
11    exercise the powers authorized in this subsection (f),
12    except the immediate vesting of title under Article 20 of
13    the Eminent Domain Act, to acquire substitute private
14    property within one mile of Site B for the benefit of
15    displaced businesses located on property being acquired by
16    the Authority. However, no such substitute property may be
17    acquired by the Authority unless the mayor of the
18    municipality in which the property is located certifies in
19    writing that the acquisition is consistent with the
20    municipality's land use and economic development policies
21    and goals. The acquisition of substitute property is
22    declared to be for public use. In exercising the powers
23    authorized in this subsection (f), the Authority shall use
24    its best efforts to relocate businesses within the area of
25    McCormick Place or, failing that, within the City of
26    Chicago.

 

 

SB2217- 295 -LRB100 13147 JWD 27539 b

1        (g) To enter into contracts relating to construction
2    projects which provide for the delivery by the contractor
3    of a completed project, structure, improvement, or
4    specific portion thereof, for a fixed maximum price, which
5    contract may provide that the delivery of the project,
6    structure, improvement, or specific portion thereof, for
7    the fixed maximum price is insured or guaranteed by a third
8    party capable of completing the construction.
9        (h) To enter into agreements with any person with
10    respect to the use and occupancy of the grounds, buildings,
11    and facilities of the Authority, including concession,
12    license, and lease agreements on terms and conditions as
13    the Authority determines. Notwithstanding Section 24,
14    agreements with respect to the use and occupancy of the
15    grounds, buildings, and facilities of the Authority for a
16    term of more than one year shall be entered into in
17    accordance with the procurement process provided for in
18    Section 25.1.
19        (i) To enter into agreements with any person with
20    respect to the operation and management of the grounds,
21    buildings, and facilities of the Authority or the provision
22    of goods and services on terms and conditions as the
23    Authority determines.
24        (j) After conducting the procurement process provided
25    for in Section 25.1, to enter into one or more contracts to
26    provide for the design and construction of all or part of

 

 

SB2217- 296 -LRB100 13147 JWD 27539 b

1    the Authority's Expansion Project grounds, buildings, and
2    facilities. Any contract for design and construction of the
3    Expansion Project shall be in the form authorized by
4    subsection (g), shall be for a fixed maximum price not in
5    excess of the funds that are authorized to be made
6    available for those purposes during the term of the
7    contract, and shall be entered into before commencement of
8    construction.
9        (k) To enter into agreements, including project
10    agreements with labor unions, that the Authority deems
11    necessary to complete the Expansion Project or any other
12    construction or improvement project in the most timely and
13    efficient manner and without strikes, picketing, or other
14    actions that might cause disruption or delay and thereby
15    add to the cost of the project.
16        (l) To provide incentives to organizations and
17    entities that agree to make use of the grounds, buildings,
18    and facilities of the Authority for conventions, meetings,
19    or trade shows. The incentives may take the form of
20    discounts from regular fees charged by the Authority,
21    subsidies for or assumption of the costs incurred with
22    respect to the convention, meeting, or trade show, or other
23    inducements. The Authority shall award incentives to
24    attract large conventions, meetings, and trade shows to its
25    facilities under the terms set forth in this subsection (l)
26    from amounts appropriated to the Authority from the

 

 

SB2217- 297 -LRB100 13147 JWD 27539 b

1    Metropolitan Pier and Exposition Authority Incentive Fund
2    for this purpose.
3        No later than May 15 of each year, the Chief Executive
4    Officer of the Metropolitan Pier and Exposition Authority
5    shall certify to the State Comptroller and the State
6    Treasurer the amounts of incentive grant funds used during
7    the current fiscal year to provide incentives for
8    conventions, meetings, or trade shows that (i) have been
9    approved by the Authority, in consultation with an
10    organization meeting the qualifications set out in Section
11    5.6 of this Act, provided the Authority has entered into a
12    marketing agreement with such an organization, (ii)
13    demonstrate registered attendance in excess of 5,000
14    individuals or in excess of 10,000 individuals, as
15    appropriate, and (iii) but for the incentive, would not
16    have used the facilities of the Authority for the
17    convention, meeting, or trade show. The State Comptroller
18    may request that the Auditor General conduct an audit of
19    the accuracy of the certification. If the State Comptroller
20    determines by this process of certification that incentive
21    funds, in whole or in part, were disbursed by the Authority
22    by means other than in accordance with the standards of
23    this subsection (l), then any amount transferred to the
24    Metropolitan Pier and Exposition Authority Incentive Fund
25    shall be reduced during the next subsequent transfer in
26    direct proportion to that amount determined to be in

 

 

SB2217- 298 -LRB100 13147 JWD 27539 b

1    violation of the terms set forth in this subsection (l).
2        On July 15, 2012, the Comptroller shall order
3    transferred, and the Treasurer shall transfer, into the
4    Metropolitan Pier and Exposition Authority Incentive Fund
5    from the General Revenue Fund the sum of $7,500,000 plus an
6    amount equal to the incentive grant funds certified by the
7    Chief Executive Officer as having been lawfully paid under
8    the provisions of this Section in the previous 2 fiscal
9    years that have not otherwise been transferred into the
10    Metropolitan Pier and Exposition Authority Incentive Fund,
11    provided that transfers in excess of $15,000,000 shall not
12    be made in any fiscal year.
13        On July 15, 2013, the Comptroller shall order
14    transferred, and the Treasurer shall transfer, into the
15    Metropolitan Pier and Exposition Authority Incentive Fund
16    from the General Revenue Fund the sum of $7,500,000 plus an
17    amount equal to the incentive grant funds certified by the
18    Chief Executive Officer as having been lawfully paid under
19    the provisions of this Section in the previous fiscal year
20    that have not otherwise been transferred into the
21    Metropolitan Pier and Exposition Authority Incentive Fund,
22    provided that transfers in excess of $15,000,000 shall not
23    be made in any fiscal year.
24        On July 15, 2014, and every year thereafter, the
25    Comptroller shall order transferred, and the Treasurer
26    shall transfer, into the Metropolitan Pier and Exposition

 

 

SB2217- 299 -LRB100 13147 JWD 27539 b

1    Authority Incentive Fund from the General Revenue Fund an
2    amount equal to the incentive grant funds certified by the
3    Chief Executive Officer as having been lawfully paid under
4    the provisions of this Section in the previous fiscal year
5    that have not otherwise been transferred into the
6    Metropolitan Pier and Exposition Authority Incentive Fund,
7    provided that transfers in excess of $15,000,000 shall not
8    be made in any fiscal year.
9        After a transfer has been made under this subsection
10    (l), the Chief Executive Officer shall file a request for
11    payment with the Comptroller evidencing that the incentive
12    grants have been made and the Comptroller shall thereafter
13    order paid, and the Treasurer shall pay, the requested
14    amounts to the Metropolitan Pier and Exposition Authority.
15         In no case shall more than $5,000,000 be used in any
16    one year by the Authority for incentives granted
17    conventions, meetings, or trade shows with a registered
18    attendance of more than 5,000 and less than 10,000. Amounts
19    in the Metropolitan Pier and Exposition Authority
20    Incentive Fund shall only be used by the Authority for
21    incentives paid to attract large conventions, meetings,
22    and trade shows to its facilities as provided in this
23    subsection (l).
24        (l-5) The Village of Rosemont shall provide incentives
25    from amounts transferred into the Convention Center
26    Support Fund to retain and attract conventions, meetings,

 

 

SB2217- 300 -LRB100 13147 JWD 27539 b

1    or trade shows to the Donald E. Stephens Convention Center
2    under the terms set forth in this subsection (l-5).
3        No later than May 15 of each year, the Mayor of the
4    Village of Rosemont or his or her designee shall certify to
5    the State Comptroller and the State Treasurer the amounts
6    of incentive grant funds used during the previous fiscal
7    year to provide incentives for conventions, meetings, or
8    trade shows that (1) have been approved by the Village, (2)
9    demonstrate registered attendance in excess of 5,000
10    individuals, and (3) but for the incentive, would not have
11    used the Donald E. Stephens Convention Center facilities
12    for the convention, meeting, or trade show. The State
13    Comptroller may request that the Auditor General conduct an
14    audit of the accuracy of the certification.
15        If the State Comptroller determines by this process of
16    certification that incentive funds, in whole or in part,
17    were disbursed by the Village by means other than in
18    accordance with the standards of this subsection (l-5),
19    then the amount transferred to the Convention Center
20    Support Fund shall be reduced during the next subsequent
21    transfer in direct proportion to that amount determined to
22    be in violation of the terms set forth in this subsection
23    (l-5).
24        On July 15, 2012, and each year thereafter, the
25    Comptroller shall order transferred, and the Treasurer
26    shall transfer, into the Convention Center Support Fund

 

 

SB2217- 301 -LRB100 13147 JWD 27539 b

1    from the General Revenue Fund the amount of $5,000,000 for
2    (i) incentives to attract large conventions, meetings, and
3    trade shows to the Donald E. Stephens Convention Center,
4    and (ii) to be used by the Village of Rosemont for the
5    repair, maintenance, and improvement of the Donald E.
6    Stephens Convention Center and for debt service on debt
7    instruments issued for those purposes by the village. No
8    later than 30 days after the transfer, the Comptroller
9    shall order paid, and the Treasurer shall pay, to the
10    Village of Rosemont the amounts transferred.
11        (m) To enter into contracts with any person conveying
12    the naming rights or other intellectual property rights
13    with respect to the grounds, buildings, and facilities of
14    the Authority.
15        (n) To enter into grant agreements with the Chicago
16    Convention and Tourism Bureau providing for the marketing
17    of the convention facilities to large and small
18    conventions, meetings, and trade shows and the promotion of
19    the travel industry in the City of Chicago, provided such
20    agreements meet the requirements of Section 5.6 of this
21    Act. Receipts of the Authority from the increase in the
22    airport departure tax authorized by Public Act 96-898
23    Section 13(f) of this amendatory Act of the 96th General
24    Assembly and, subject to appropriation to the Authority,
25    funds deposited in the Chicago Travel Industry Promotion
26    Fund pursuant to Section 6 of the Hotel Operators'

 

 

SB2217- 302 -LRB100 13147 JWD 27539 b

1    Occupation Tax Act shall be granted to the Bureau for such
2    purposes.
3    Nothing in this Act shall be construed to authorize the
4Authority to spend the proceeds of any bonds or notes issued
5under Section 13.2 or any taxes levied under Section 13 to
6construct a stadium to be leased to or used by professional
7sports teams.
8    Notwithstanding any other provision of law, in addition to
9any other transfers that may be provided by law, on July 1,
102017, or as soon thereafter as practical, the State Comptroller
11shall direct and the State Treasurer shall transfer the
12remaining balance from the Chicago Travel Industry Promotion
13Fund into the Tourism Promotion Fund. Upon completion of the
14transfers, the Chicago Travel Industry Promotion Fund is
15dissolved, and any future deposits due to that Fund and any
16outstanding obligations or liabilities of that Fund pass to the
17Tourism Promotion Fund.
18(Source: P.A. 97-617, eff. 10-26-11; 98-109, eff. 7-25-13.)
 
19
ARTICLE 20.

 
20    Section 20-5. The Department of Central Management
21Services Law of the Civil Administrative Code of Illinois is
22amended by changing Sections 405-20, 405-250, and 405-410 as
23follows:
 

 

 

SB2217- 303 -LRB100 13147 JWD 27539 b

1    (20 ILCS 405/405-20)  (was 20 ILCS 405/35.7)
2    Sec. 405-20. Fiscal policy information to Governor;
3information technology statistical research planning.
4    (a) The Department shall be responsible for providing the
5Governor with timely, comprehensive, and meaningful
6information pertinent to the formulation and execution of
7fiscal policy. In performing this responsibility the
8Department shall have the power and duty to do the following:
9        (1) Control the procurement, retention, installation,
10    maintenance, and operation, as specified by the Director,
11    of information technology electronic data processing
12    equipment and software used by State agencies in such a
13    manner as to achieve maximum economy and provide adequate
14    assistance in the development of information suitable for
15    management analysis.
16        (2) Establish principles and standards of information
17    technology statistical reporting by State agencies and
18    priorities for completion of research by those agencies in
19    accordance with the requirements for management analysis
20    as specified by the Director.
21        (3) Establish, through the Director, charges for
22    information technology statistical services requested by
23    State agencies and rendered by the Department. The
24    Department is likewise empowered through the Director to
25    establish prices or charges for information technology
26    services rendered by the Department for all statistical

 

 

SB2217- 304 -LRB100 13147 JWD 27539 b

1    reports purchased by agencies and individuals not
2    connected with State government.
3        (4) Instruct all State agencies as the Director may
4    require to report regularly to the Department, in the
5    manner the Director may prescribe, their usage of
6    information technology electronic information devices and
7    services, the cost incurred, the information produced, and
8    the procedures followed in obtaining the information. All
9    State agencies shall request of the Director any
10    information technology resources statistical services
11    requiring the use of electronic devices and shall conform
12    to the priorities assigned by the Director in using those
13    electronic devices.
14        (5) Examine the accounts, use of information
15    technology resources, and statistical data of any
16    organization, body, or agency receiving appropriations
17    from the General Assembly.
18        (6) Install and operate a modern information system
19    utilizing equipment adequate to satisfy the requirements
20    for analysis and review as specified by the Director.
21    Expenditures for information technology statistical
22    services rendered shall be reimbursed by the recipients.
23    The reimbursement shall be determined by the Director as
24    amounts sufficient to reimburse the Technology Management
25    Statistical Services Revolving Fund for expenditures
26    incurred in rendering the services.

 

 

SB2217- 305 -LRB100 13147 JWD 27539 b

1    (b) In addition to the other powers and duties listed in
2this Section, the Department shall analyze the present and
3future aims, needs, and requirements of information technology
4statistical research and planning in order to provide for the
5formulation of overall policy relative to the use of electronic
6data processing equipment and software by the State of
7Illinois. In making this analysis, the Department under the
8Director shall formulate a master plan for the use of
9information technology statistical research, utilizing
10electronic equipment, software and services most
11advantageously, and advising whether electronic data
12processing equipment and software should be leased or purchased
13by the State. The Department under the Director shall prepare
14and submit interim reports of meaningful developments and
15proposals for legislation to the Governor on or before January
1630 each year. The Department under the Director shall engage in
17a continuing analysis and evaluation of the master plan so
18developed, and it shall be the responsibility of the Department
19to recommend from time to time any needed amendments and
20modifications of any master plan enacted by the General
21Assembly.
22    (c) For the purposes of this Section, Section 405-245, and
23paragraph (4) of Section 405-10 only, "State agencies" means
24all departments, boards, commissions, and agencies of the State
25of Illinois subject to the Governor.
26(Source: P.A. 94-91, eff. 7-1-05.)
 

 

 

SB2217- 306 -LRB100 13147 JWD 27539 b

1    (20 ILCS 405/405-250)  (was 20 ILCS 405/35.7a)
2    Sec. 405-250. Information technology Statistical services;
3use of information technology electronic data processing
4equipment and software. The Department may make information
5technology resources statistical services and the use of
6information technology electronic data processing equipment
7and software, including necessary telecommunications lines and
8equipment, available to local governments, elected State
9officials, State educational institutions, and all other
10governmental units of the State requesting them. The Director
11is empowered to establish prices and charges for the
12information technology resources statistical services so
13furnished and for the use of the information technology
14electronic data processing equipment and software and
15necessary telecommunications lines and equipment. The prices
16and charges shall be sufficient to reimburse the cost of
17furnishing the services and use of equipment, software, and
18lines.
19(Source: P.A. 91-239, eff. 1-1-00.)
 
20    (20 ILCS 405/405-410)
21    Sec. 405-410. Transfer of Information Technology
22functions.
23    (a) Notwithstanding any other law to the contrary, the
24Director of Central Management Services, working in

 

 

SB2217- 307 -LRB100 13147 JWD 27539 b

1cooperation with the Director of any other agency, department,
2board, or commission directly responsible to the Governor, may
3direct the transfer, to the Department of Central Management
4Services, of those information technology functions at that
5agency, department, board, or commission that are suitable for
6centralization.
7    Upon receipt of the written direction to transfer
8information technology functions to the Department of Central
9Management Services, the personnel, equipment, and property
10(both real and personal) directly relating to the transferred
11functions shall be transferred to the Department of Central
12Management Services, and the relevant documents, records, and
13correspondence shall be transferred or copied, as the Director
14may prescribe.
15    (b) Upon receiving written direction from the Director of
16Central Management Services, the Comptroller and Treasurer are
17authorized to transfer the unexpended balance of any
18appropriations related to the information technology functions
19transferred to the Department of Central Management Services
20and shall make the necessary fund transfers from any special
21fund in the State Treasury or from any other federal or State
22trust fund held by the Treasurer to the General Revenue Fund or
23, the Technology Management Statistical Services Revolving
24Fund, or the Communications Revolving Fund, as designated by
25the Director of Central Management Services, for use by the
26Department of Central Management Services in support of

 

 

SB2217- 308 -LRB100 13147 JWD 27539 b

1information technology functions or any other related costs or
2expenses of the Department of Central Management Services.
3    (c) The rights of employees and the State and its agencies
4under the Personnel Code and applicable collective bargaining
5agreements or under any pension, retirement, or annuity plan
6shall not be affected by any transfer under this Section.
7    (d) The functions transferred to the Department of Central
8Management Services by this Section shall be vested in and
9shall be exercised by the Department of Central Management
10Services. Each act done in the exercise of those functions
11shall have the same legal effect as if done by the agencies,
12offices, divisions, departments, bureaus, boards and
13commissions from which they were transferred.
14    Every person or other entity shall be subject to the same
15obligations and duties and any penalties, civil or criminal,
16arising therefrom, and shall have the same rights arising from
17the exercise of such rights, powers, and duties as had been
18exercised by the agencies, offices, divisions, departments,
19bureaus, boards, and commissions from which they were
20transferred.
21    Whenever reports or notices are now required to be made or
22given or papers or documents furnished or served by any person
23in regards to the functions transferred to or upon the
24agencies, offices, divisions, departments, bureaus, boards,
25and commissions from which the functions were transferred, the
26same shall be made, given, furnished or served in the same

 

 

SB2217- 309 -LRB100 13147 JWD 27539 b

1manner to or upon the Department of Central Management
2Services.
3    This Section does not affect any act done, ratified, or
4cancelled or any right occurring or established or any action
5or proceeding had or commenced in an administrative, civil, or
6criminal cause regarding the functions transferred, but those
7proceedings may be continued by the Department of Central
8Management Services.
9    This Section does not affect the legality of any rules in
10the Illinois Administrative Code regarding the functions
11transferred in this Section that are in force on the effective
12date of this Section. If necessary, however, the affected
13agencies shall propose, adopt, or repeal rules, rule
14amendments, and rule recodifications as appropriate to
15effectuate this Section.
16(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04;
1793-1067, eff. 1-15-05.)
 
18    Section 20-10. The State Finance Act is amended by changing
19Sections 5.12, 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:
 
20    (30 ILCS 105/5.12)  (from Ch. 127, par. 141.12)
21    Sec. 5.12. The Communications Revolving Fund. This Section
22is repealed on December 31, 2017.
23(Source: Laws 1919, p. 946.)
 

 

 

SB2217- 310 -LRB100 13147 JWD 27539 b

1    (30 ILCS 105/5.55)  (from Ch. 127, par. 141.55)
2    Sec. 5.55. The Technology Management Statistical Services
3Revolving Fund.
4(Source: Laws 1919, p. 946.)
 
5    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
6    Sec. 6p-1. The Technology Management Revolving Fund
7(formerly known as the Statistical Services Revolving Fund)
8shall be initially financed by a transfer of funds from the
9General Revenue Fund. Thereafter, all fees and other monies
10received by the Department of Central Management Services in
11payment for statistical services rendered pursuant to Section
12405-20 of the Department of Central Management Services Law (20
13ILCS 405/405-20) shall be paid into the Technology Management
14Statistical Services Revolving Fund. On and after July 1, 2017,
15or after sufficient moneys have been received in the
16Communications Revolving Fund to pay all Fiscal Year 2017
17obligations payable from the Fund, whichever is later, all fees
18and other moneys received by the Department of Central
19Management Services in payment for communications services
20rendered pursuant to the Department of Central Management
21Services Law of the Civil Administrative Code of Illinois or
22sale of surplus State communications equipment shall be paid
23into the Technology Management Revolving Fund. The money in
24this fund shall be used by the Department of Central Management
25Services as reimbursement for expenditures incurred in

 

 

SB2217- 311 -LRB100 13147 JWD 27539 b

1rendering statistical services and, beginning July 1, 2017, as
2reimbursement for expenditures incurred in relation to
3communications services.
4(Source: P.A. 91-239, eff. 1-1-00.)
 
5    (30 ILCS 105/6p-2)  (from Ch. 127, par. 142p2)
6    Sec. 6p-2. The Communications Revolving Fund shall be
7initially financed by a transfer of funds from the General
8Revenue Fund. Thereafter, through June 30, 2017, all fees and
9other monies received by the Department of Central Management
10Services in payment for communications services rendered
11pursuant to the Department of Central Management Services Law
12or sale of surplus State communications equipment shall be paid
13into the Communications Revolving Fund. Except as otherwise
14provided in this Section, the money in this fund shall be used
15by the Department of Central Management Services as
16reimbursement for expenditures incurred in relation to
17communications services.
18    On the effective date of this amendatory Act of the 93rd
19General Assembly, or as soon as practicable thereafter, the
20State Comptroller shall order transferred and the State
21Treasurer shall transfer $3,000,000 from the Communications
22Revolving Fund to the Emergency Public Health Fund to be used
23for the purposes specified in Section 55.6a of the
24Environmental Protection Act.
25    In addition to any other transfers that may be provided for

 

 

SB2217- 312 -LRB100 13147 JWD 27539 b

1by law, on July 1, 2011, or as soon thereafter as practical,
2the State Comptroller shall direct and the State Treasurer
3shall transfer the sum of $5,000,000 from the General Revenue
4Fund to the Communications Revolving Fund.
5    Notwithstanding any other provision of law, in addition to
6any other transfers that may be provided by law, on July 1,
72017, or after sufficient moneys have been received in the
8Communications Revolving Fund to pay all Fiscal Year 2017
9obligations payable from the Fund, whichever is later, the
10State Comptroller shall direct and the State Treasurer shall
11transfer the remaining balance from the Communications
12Revolving Fund into the Technology Management Revolving Fund.
13Upon completion of the transfer, any future deposits due to
14that Fund and any outstanding obligations or liabilities of
15that Fund pass to the Technology Management Revolving Fund.
16(Source: P.A. 97-641, eff. 12-19-11.)
 
17    (30 ILCS 105/6z-34)
18    Sec. 6z-34. Secretary of State Special Services Fund. There
19is created in the State Treasury a special fund to be known as
20the Secretary of State Special Services Fund. Moneys deposited
21into the Fund may, subject to appropriation, be used by the
22Secretary of State for any or all of the following purposes:
23        (1) For general automation efforts within operations
24    of the Office of Secretary of State.
25        (2) For technology applications in any form that will

 

 

SB2217- 313 -LRB100 13147 JWD 27539 b

1    enhance the operational capabilities of the Office of
2    Secretary of State.
3        (3) To provide funds for any type of library grants
4    authorized and administered by the Secretary of State as
5    State Librarian.
6    These funds are in addition to any other funds otherwise
7authorized to the Office of Secretary of State for like or
8similar purposes.
9    On August 15, 1997, all fiscal year 1997 receipts that
10exceed the amount of $15,000,000 shall be transferred from this
11Fund to the Technology Management Revolving Fund (formerly
12known as the Statistical Services Revolving Fund); on August
1315, 1998 and each year thereafter through 2000, all receipts
14from the fiscal year ending on the previous June 30th that
15exceed the amount of $17,000,000 shall be transferred from this
16Fund to the Technology Management Revolving Fund (formerly
17known as the Statistical Services Revolving Fund); on August
1815, 2001 and each year thereafter through 2002, all receipts
19from the fiscal year ending on the previous June 30th that
20exceed the amount of $19,000,000 shall be transferred from this
21Fund to the Technology Management Revolving Fund (formerly
22known as the Statistical Services Revolving Fund); and on
23August 15, 2003 and each year thereafter, all receipts from the
24fiscal year ending on the previous June 30th that exceed the
25amount of $33,000,000 shall be transferred from this Fund to
26the Technology Management Revolving Fund (formerly known as the

 

 

SB2217- 314 -LRB100 13147 JWD 27539 b

1Statistical Services Revolving Fund).
2(Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
 
3    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
4    Sec. 8.16a. Appropriations for the procurement,
5installation, retention, maintenance and operation of
6electronic data processing and information technology devices
7and software used by state agencies subject to Section 405-20
8of the Department of Central Management Services Law (20 ILCS
9405/405-20), the purchase of necessary supplies and equipment
10and accessories thereto, and all other expenses incident to the
11operation and maintenance of those electronic data processing
12and information technology devices and software are payable
13from the Technology Management Statistical Services Revolving
14Fund. However, no contract shall be entered into or obligation
15incurred for any expenditure from the Technology Management
16Statistical Services Revolving Fund until after the purpose and
17amount has been approved in writing by the Director of Central
18Management Services. Until there are sufficient funds in the
19Technology Management Revolving Fund (formerly known as the
20Statistical Services Revolving Fund) to carry out the purposes
21of this amendatory Act of 1965, however, the State agencies
22subject to that Section 405-20 shall, on written approval of
23the Director of Central Management Services, pay the cost of
24operating and maintaining electronic data processing systems
25from current appropriations as classified and standardized in

 

 

SB2217- 315 -LRB100 13147 JWD 27539 b

1this Act "An Act in relation to State finance", approved June
210, 1919, as amended.
3(Source: P.A. 91-239, eff. 1-1-00.)
 
4    Section 20-15. The Illinois Pension Code is amended by
5changing Section 1A-112 as follows:
 
6    (40 ILCS 5/1A-112)
7    Sec. 1A-112. Fees.
8    (a) Every pension fund that is required to file an annual
9statement under Section 1A-109 shall pay to the Department an
10annual compliance fee. In the case of a pension fund under
11Article 3 or 4 of this Code, the annual compliance fee shall be
120.02% (2 basis points) of the total assets of the pension fund,
13as reported in the most current annual statement of the fund,
14but not more than $8,000. In the case of all other pension
15funds and retirement systems, the annual compliance fee shall
16be $8,000.
17    (b) The annual compliance fee shall be due on June 30 for
18the following State fiscal year, except that the fee payable in
191997 for fiscal year 1998 shall be due no earlier than 30 days
20following the effective date of this amendatory Act of 1997.
21    (c) Any information obtained by the Division that is
22available to the public under the Freedom of Information Act
23and is either compiled in published form or maintained on a
24computer processible medium shall be furnished upon the written

 

 

SB2217- 316 -LRB100 13147 JWD 27539 b

1request of any applicant and the payment of a reasonable
2information services fee established by the Director,
3sufficient to cover the total cost to the Division of
4compiling, processing, maintaining, and generating the
5information. The information may be furnished by means of
6published copy or on a computer processed or computer
7processible medium.
8    No fee may be charged to any person for information that
9the Division is required by law to furnish to that person.
10    (d) Except as otherwise provided in this Section, all fees
11and penalties collected by the Department under this Code shall
12be deposited into the Public Pension Regulation Fund.
13    (e) Fees collected under subsection (c) of this Section and
14money collected under Section 1A-107 shall be deposited into
15the Technology Management Department's Statistical Services
16Revolving Fund and credited to the account of the Department's
17Public Pension Division. This income shall be used exclusively
18for the purposes set forth in Section 1A-107. Notwithstanding
19the provisions of Section 408.2 of the Illinois Insurance Code,
20no surplus funds remaining in this account shall be deposited
21in the Insurance Financial Regulation Fund. All money in this
22account that the Director certifies is not needed for the
23purposes set forth in Section 1A-107 of this Code shall be
24transferred to the Public Pension Regulation Fund.
25    (f) Nothing in this Code prohibits the General Assembly
26from appropriating funds from the General Revenue Fund to the

 

 

SB2217- 317 -LRB100 13147 JWD 27539 b

1Department for the purpose of administering or enforcing this
2Code.
3(Source: P.A. 93-32, eff. 7-1-03.)
 
4    Section 20-20. The Illinois Insurance Code is amended by
5changing Sections 408, 408.2, 1202, and 1206 as follows:
 
6    (215 ILCS 5/408)  (from Ch. 73, par. 1020)
7    Sec. 408. Fees and charges.
8    (1) The Director shall charge, collect and give proper
9acquittances for the payment of the following fees and charges:
10        (a) For filing all documents submitted for the
11    incorporation or organization or certification of a
12    domestic company, except for a fraternal benefit society,
13    $2,000.
14        (b) For filing all documents submitted for the
15    incorporation or organization of a fraternal benefit
16    society, $500.
17        (c) For filing amendments to articles of incorporation
18    and amendments to declaration of organization, except for a
19    fraternal benefit society, a mutual benefit association, a
20    burial society or a farm mutual, $200.
21        (d) For filing amendments to articles of incorporation
22    of a fraternal benefit society, a mutual benefit
23    association or a burial society, $100.
24        (e) For filing amendments to articles of incorporation

 

 

SB2217- 318 -LRB100 13147 JWD 27539 b

1    of a farm mutual, $50.
2        (f) For filing bylaws or amendments thereto, $50.
3        (g) For filing agreement of merger or consolidation:
4            (i) for a domestic company, except for a fraternal
5        benefit society, a mutual benefit association, a
6        burial society, or a farm mutual, $2,000.
7            (ii) for a foreign or alien company, except for a
8        fraternal benefit society, $600.
9            (iii) for a fraternal benefit society, a mutual
10        benefit association, a burial society, or a farm
11        mutual, $200.
12        (h) For filing agreements of reinsurance by a domestic
13    company, $200.
14        (i) For filing all documents submitted by a foreign or
15    alien company to be admitted to transact business or
16    accredited as a reinsurer in this State, except for a
17    fraternal benefit society, $5,000.
18        (j) For filing all documents submitted by a foreign or
19    alien fraternal benefit society to be admitted to transact
20    business in this State, $500.
21        (k) For filing declaration of withdrawal of a foreign
22    or alien company, $50.
23        (l) For filing annual statement by a domestic company,
24    except a fraternal benefit society, a mutual benefit
25    association, a burial society, or a farm mutual, $200.
26        (m) For filing annual statement by a domestic fraternal

 

 

SB2217- 319 -LRB100 13147 JWD 27539 b

1    benefit society, $100.
2        (n) For filing annual statement by a farm mutual, a
3    mutual benefit association, or a burial society, $50.
4        (o) For issuing a certificate of authority or renewal
5    thereof except to a foreign fraternal benefit society,
6    $400.
7        (p) For issuing a certificate of authority or renewal
8    thereof to a foreign fraternal benefit society, $200.
9        (q) For issuing an amended certificate of authority,
10    $50.
11        (r) For each certified copy of certificate of
12    authority, $20.
13        (s) For each certificate of deposit, or valuation, or
14    compliance or surety certificate, $20.
15        (t) For copies of papers or records per page, $1.
16        (u) For each certification to copies of papers or
17    records, $10.
18        (v) For multiple copies of documents or certificates
19    listed in subparagraphs (r), (s), and (u) of paragraph (1)
20    of this Section, $10 for the first copy of a certificate of
21    any type and $5 for each additional copy of the same
22    certificate requested at the same time, unless, pursuant to
23    paragraph (2) of this Section, the Director finds these
24    additional fees excessive.
25        (w) For issuing a permit to sell shares or increase
26    paid-up capital:

 

 

SB2217- 320 -LRB100 13147 JWD 27539 b

1            (i) in connection with a public stock offering,
2        $300;
3            (ii) in any other case, $100.
4        (x) For issuing any other certificate required or
5    permissible under the law, $50.
6        (y) For filing a plan of exchange of the stock of a
7    domestic stock insurance company, a plan of
8    demutualization of a domestic mutual company, or a plan of
9    reorganization under Article XII, $2,000.
10        (z) For filing a statement of acquisition of a domestic
11    company as defined in Section 131.4 of this Code, $2,000.
12        (aa) For filing an agreement to purchase the business
13    of an organization authorized under the Dental Service Plan
14    Act or the Voluntary Health Services Plans Act or of a
15    health maintenance organization or a limited health
16    service organization, $2,000.
17        (bb) For filing a statement of acquisition of a foreign
18    or alien insurance company as defined in Section 131.12a of
19    this Code, $1,000.
20        (cc) For filing a registration statement as required in
21    Sections 131.13 and 131.14, the notification as required by
22    Sections 131.16, 131.20a, or 141.4, or an agreement or
23    transaction required by Sections 124.2(2), 141, 141a, or
24    141.1, $200.
25        (dd) For filing an application for licensing of:
26            (i) a religious or charitable risk pooling trust or

 

 

SB2217- 321 -LRB100 13147 JWD 27539 b

1        a workers' compensation pool, $1,000;
2            (ii) a workers' compensation service company,
3        $500;
4            (iii) a self-insured automobile fleet, $200; or
5            (iv) a renewal of or amendment of any license
6        issued pursuant to (i), (ii), or (iii) above, $100.
7        (ee) For filing articles of incorporation for a
8    syndicate to engage in the business of insurance through
9    the Illinois Insurance Exchange, $2,000.
10        (ff) For filing amended articles of incorporation for a
11    syndicate engaged in the business of insurance through the
12    Illinois Insurance Exchange, $100.
13        (gg) For filing articles of incorporation for a limited
14    syndicate to join with other subscribers or limited
15    syndicates to do business through the Illinois Insurance
16    Exchange, $1,000.
17        (hh) For filing amended articles of incorporation for a
18    limited syndicate to do business through the Illinois
19    Insurance Exchange, $100.
20        (ii) For a permit to solicit subscriptions to a
21    syndicate or limited syndicate, $100.
22        (jj) For the filing of each form as required in Section
23    143 of this Code, $50 per form. The fee for advisory and
24    rating organizations shall be $200 per form.
25            (i) For the purposes of the form filing fee,
26        filings made on insert page basis will be considered

 

 

SB2217- 322 -LRB100 13147 JWD 27539 b

1        one form at the time of its original submission.
2        Changes made to a form subsequent to its approval shall
3        be considered a new filing.
4            (ii) Only one fee shall be charged for a form,
5        regardless of the number of other forms or policies
6        with which it will be used.
7            (iii) Fees charged for a policy filed as it will be
8        issued regardless of the number of forms comprising
9        that policy shall not exceed $1,500. For advisory or
10        rating organizations, fees charged for a policy filed
11        as it will be issued regardless of the number of forms
12        comprising that policy shall not exceed $2,500.
13            (iv) The Director may by rule exempt forms from
14        such fees.
15        (kk) For filing an application for licensing of a
16    reinsurance intermediary, $500.
17        (ll) For filing an application for renewal of a license
18    of a reinsurance intermediary, $200.
19    (2) When printed copies or numerous copies of the same
20paper or records are furnished or certified, the Director may
21reduce such fees for copies if he finds them excessive. He may,
22when he considers it in the public interest, furnish without
23charge to state insurance departments and persons other than
24companies, copies or certified copies of reports of
25examinations and of other papers and records.
26    (3) The expenses incurred in any performance examination

 

 

SB2217- 323 -LRB100 13147 JWD 27539 b

1authorized by law shall be paid by the company or person being
2examined. The charge shall be reasonably related to the cost of
3the examination including but not limited to compensation of
4examiners, electronic data processing costs, supervision and
5preparation of an examination report and lodging and travel
6expenses. All lodging and travel expenses shall be in accord
7with the applicable travel regulations as published by the
8Department of Central Management Services and approved by the
9Governor's Travel Control Board, except that out-of-state
10lodging and travel expenses related to examinations authorized
11under Section 132 shall be in accordance with travel rates
12prescribed under paragraph 301-7.2 of the Federal Travel
13Regulations, 41 C.F.R. 301-7.2, for reimbursement of
14subsistence expenses incurred during official travel. All
15lodging and travel expenses may be reimbursed directly upon
16authorization of the Director. With the exception of the direct
17reimbursements authorized by the Director, all performance
18examination charges collected by the Department shall be paid
19to the Insurance Producer Administration Fund, however, the
20electronic data processing costs incurred by the Department in
21the performance of any examination shall be billed directly to
22the company being examined for payment to the Technology
23Management Statistical Services Revolving Fund.
24    (4) At the time of any service of process on the Director
25as attorney for such service, the Director shall charge and
26collect the sum of $20, which may be recovered as taxable costs

 

 

SB2217- 324 -LRB100 13147 JWD 27539 b

1by the party to the suit or action causing such service to be
2made if he prevails in such suit or action.
3    (5) (a) The costs incurred by the Department of Insurance
4in conducting any hearing authorized by law shall be assessed
5against the parties to the hearing in such proportion as the
6Director of Insurance may determine upon consideration of all
7relevant circumstances including: (1) the nature of the
8hearing; (2) whether the hearing was instigated by, or for the
9benefit of a particular party or parties; (3) whether there is
10a successful party on the merits of the proceeding; and (4) the
11relative levels of participation by the parties.
12    (b) For purposes of this subsection (5) costs incurred
13shall mean the hearing officer fees, court reporter fees, and
14travel expenses of Department of Insurance officers and
15employees; provided however, that costs incurred shall not
16include hearing officer fees or court reporter fees unless the
17Department has retained the services of independent
18contractors or outside experts to perform such functions.
19    (c) The Director shall make the assessment of costs
20incurred as part of the final order or decision arising out of
21the proceeding; provided, however, that such order or decision
22shall include findings and conclusions in support of the
23assessment of costs. This subsection (5) shall not be construed
24as permitting the payment of travel expenses unless calculated
25in accordance with the applicable travel regulations of the
26Department of Central Management Services, as approved by the

 

 

SB2217- 325 -LRB100 13147 JWD 27539 b

1Governor's Travel Control Board. The Director as part of such
2order or decision shall require all assessments for hearing
3officer fees and court reporter fees, if any, to be paid
4directly to the hearing officer or court reporter by the
5party(s) assessed for such costs. The assessments for travel
6expenses of Department officers and employees shall be
7reimbursable to the Director of Insurance for deposit to the
8fund out of which those expenses had been paid.
9    (d) The provisions of this subsection (5) shall apply in
10the case of any hearing conducted by the Director of Insurance
11not otherwise specifically provided for by law.
12    (6) The Director shall charge and collect an annual
13financial regulation fee from every domestic company for
14examination and analysis of its financial condition and to fund
15the internal costs and expenses of the Interstate Insurance
16Receivership Commission as may be allocated to the State of
17Illinois and companies doing an insurance business in this
18State pursuant to Article X of the Interstate Insurance
19Receivership Compact. The fee shall be the greater fixed amount
20based upon the combination of nationwide direct premium income
21and nationwide reinsurance assumed premium income or upon
22admitted assets calculated under this subsection as follows:
23        (a) Combination of nationwide direct premium income
24    and nationwide reinsurance assumed premium.
25            (i) $150, if the premium is less than $500,000 and
26        there is no reinsurance assumed premium;

 

 

SB2217- 326 -LRB100 13147 JWD 27539 b

1            (ii) $750, if the premium is $500,000 or more, but
2        less than $5,000,000 and there is no reinsurance
3        assumed premium; or if the premium is less than
4        $5,000,000 and the reinsurance assumed premium is less
5        than $10,000,000;
6            (iii) $3,750, if the premium is less than
7        $5,000,000 and the reinsurance assumed premium is
8        $10,000,000 or more;
9            (iv) $7,500, if the premium is $5,000,000 or more,
10        but less than $10,000,000;
11            (v) $18,000, if the premium is $10,000,000 or more,
12        but less than $25,000,000;
13            (vi) $22,500, if the premium is $25,000,000 or
14        more, but less than $50,000,000;
15            (vii) $30,000, if the premium is $50,000,000 or
16        more, but less than $100,000,000;
17            (viii) $37,500, if the premium is $100,000,000 or
18        more.
19        (b) Admitted assets.
20            (i) $150, if admitted assets are less than
21        $1,000,000;
22            (ii) $750, if admitted assets are $1,000,000 or
23        more, but less than $5,000,000;
24            (iii) $3,750, if admitted assets are $5,000,000 or
25        more, but less than $25,000,000;
26            (iv) $7,500, if admitted assets are $25,000,000 or

 

 

SB2217- 327 -LRB100 13147 JWD 27539 b

1        more, but less than $50,000,000;
2            (v) $18,000, if admitted assets are $50,000,000 or
3        more, but less than $100,000,000;
4            (vi) $22,500, if admitted assets are $100,000,000
5        or more, but less than $500,000,000;
6            (vii) $30,000, if admitted assets are $500,000,000
7        or more, but less than $1,000,000,000;
8            (viii) $37,500, if admitted assets are
9        $1,000,000,000 or more.
10        (c) The sum of financial regulation fees charged to the
11    domestic companies of the same affiliated group shall not
12    exceed $250,000 in the aggregate in any single year and
13    shall be billed by the Director to the member company
14    designated by the group.
15    (7) The Director shall charge and collect an annual
16financial regulation fee from every foreign or alien company,
17except fraternal benefit societies, for the examination and
18analysis of its financial condition and to fund the internal
19costs and expenses of the Interstate Insurance Receivership
20Commission as may be allocated to the State of Illinois and
21companies doing an insurance business in this State pursuant to
22Article X of the Interstate Insurance Receivership Compact. The
23fee shall be a fixed amount based upon Illinois direct premium
24income and nationwide reinsurance assumed premium income in
25accordance with the following schedule:
26        (a) $150, if the premium is less than $500,000 and

 

 

SB2217- 328 -LRB100 13147 JWD 27539 b

1    there is no reinsurance assumed premium;
2        (b) $750, if the premium is $500,000 or more, but less
3    than $5,000,000 and there is no reinsurance assumed
4    premium; or if the premium is less than $5,000,000 and the
5    reinsurance assumed premium is less than $10,000,000;
6        (c) $3,750, if the premium is less than $5,000,000 and
7    the reinsurance assumed premium is $10,000,000 or more;
8        (d) $7,500, if the premium is $5,000,000 or more, but
9    less than $10,000,000;
10        (e) $18,000, if the premium is $10,000,000 or more, but
11    less than $25,000,000;
12        (f) $22,500, if the premium is $25,000,000 or more, but
13    less than $50,000,000;
14        (g) $30,000, if the premium is $50,000,000 or more, but
15    less than $100,000,000;
16        (h) $37,500, if the premium is $100,000,000 or more.
17    The sum of financial regulation fees under this subsection
18(7) charged to the foreign or alien companies within the same
19affiliated group shall not exceed $250,000 in the aggregate in
20any single year and shall be billed by the Director to the
21member company designated by the group.
22    (8) Beginning January 1, 1992, the financial regulation
23fees imposed under subsections (6) and (7) of this Section
24shall be paid by each company or domestic affiliated group
25annually. After January 1, 1994, the fee shall be billed by
26Department invoice based upon the company's premium income or

 

 

SB2217- 329 -LRB100 13147 JWD 27539 b

1admitted assets as shown in its annual statement for the
2preceding calendar year. The invoice is due upon receipt and
3must be paid no later than June 30 of each calendar year. All
4financial regulation fees collected by the Department shall be
5paid to the Insurance Financial Regulation Fund. The Department
6may not collect financial examiner per diem charges from
7companies subject to subsections (6) and (7) of this Section
8undergoing financial examination after June 30, 1992.
9    (9) In addition to the financial regulation fee required by
10this Section, a company undergoing any financial examination
11authorized by law shall pay the following costs and expenses
12incurred by the Department: electronic data processing costs,
13the expenses authorized under Section 131.21 and subsection (d)
14of Section 132.4 of this Code, and lodging and travel expenses.
15    Electronic data processing costs incurred by the
16Department in the performance of any examination shall be
17billed directly to the company undergoing examination for
18payment to the Technology Management Statistical Services
19Revolving Fund. Except for direct reimbursements authorized by
20the Director or direct payments made under Section 131.21 or
21subsection (d) of Section 132.4 of this Code, all financial
22regulation fees and all financial examination charges
23collected by the Department shall be paid to the Insurance
24Financial Regulation Fund.
25    All lodging and travel expenses shall be in accordance with
26applicable travel regulations published by the Department of

 

 

SB2217- 330 -LRB100 13147 JWD 27539 b

1Central Management Services and approved by the Governor's
2Travel Control Board, except that out-of-state lodging and
3travel expenses related to examinations authorized under
4Sections 132.1 through 132.7 shall be in accordance with travel
5rates prescribed under paragraph 301-7.2 of the Federal Travel
6Regulations, 41 C.F.R. 301-7.2, for reimbursement of
7subsistence expenses incurred during official travel. All
8lodging and travel expenses may be reimbursed directly upon the
9authorization of the Director.
10    In the case of an organization or person not subject to the
11financial regulation fee, the expenses incurred in any
12financial examination authorized by law shall be paid by the
13organization or person being examined. The charge shall be
14reasonably related to the cost of the examination including,
15but not limited to, compensation of examiners and other costs
16described in this subsection.
17    (10) Any company, person, or entity failing to make any
18payment of $150 or more as required under this Section shall be
19subject to the penalty and interest provisions provided for in
20subsections (4) and (7) of Section 412.
21    (11) Unless otherwise specified, all of the fees collected
22under this Section shall be paid into the Insurance Financial
23Regulation Fund.
24    (12) For purposes of this Section:
25        (a) "Domestic company" means a company as defined in
26    Section 2 of this Code which is incorporated or organized

 

 

SB2217- 331 -LRB100 13147 JWD 27539 b

1    under the laws of this State, and in addition includes a
2    not-for-profit corporation authorized under the Dental
3    Service Plan Act or the Voluntary Health Services Plans
4    Act, a health maintenance organization, and a limited
5    health service organization.
6        (b) "Foreign company" means a company as defined in
7    Section 2 of this Code which is incorporated or organized
8    under the laws of any state of the United States other than
9    this State and in addition includes a health maintenance
10    organization and a limited health service organization
11    which is incorporated or organized under the laws of any
12    state of the United States other than this State.
13        (c) "Alien company" means a company as defined in
14    Section 2 of this Code which is incorporated or organized
15    under the laws of any country other than the United States.
16        (d) "Fraternal benefit society" means a corporation,
17    society, order, lodge or voluntary association as defined
18    in Section 282.1 of this Code.
19        (e) "Mutual benefit association" means a company,
20    association or corporation authorized by the Director to do
21    business in this State under the provisions of Article
22    XVIII of this Code.
23        (f) "Burial society" means a person, firm,
24    corporation, society or association of individuals
25    authorized by the Director to do business in this State
26    under the provisions of Article XIX of this Code.

 

 

SB2217- 332 -LRB100 13147 JWD 27539 b

1        (g) "Farm mutual" means a district, county and township
2    mutual insurance company authorized by the Director to do
3    business in this State under the provisions of the Farm
4    Mutual Insurance Company Act of 1986.
5(Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;
697-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
 
7    (215 ILCS 5/408.2)  (from Ch. 73, par. 1020.2)
8    Sec. 408.2. Statistical Services. Any public record, or any
9data obtained by the Department of Insurance, which is subject
10to public inspection or copying and which is maintained on a
11computer processible medium, may be furnished in a computer
12processed or computer processible medium upon the written
13request of any applicant and the payment of a reasonable fee
14established by the Director sufficient to cover the total cost
15of the Department for processing, maintaining and generating
16such computer processible records or data, except to the extent
17of any salaries or compensation of Department officers or
18employees.
19    The Director of Insurance is specifically authorized to
20contract with members of the public at large, enter waiver
21agreements, or otherwise enter written agreements for the
22purpose of assuring public access to the Department's computer
23processible records or data, or for the purpose of restricting,
24controlling or limiting such access where necessary to protect
25the confidentiality of individuals, companies or other

 

 

SB2217- 333 -LRB100 13147 JWD 27539 b

1entities identified by such documents.
2    All fees collected by the Director under this Section 408.2
3shall be deposited in the Technology Management Statistical
4Services Revolving Fund and credited to the account of the
5Department of Insurance. Any surplus funds remaining in such
6account at the close of any fiscal year shall be delivered to
7the State Treasurer for deposit in the Insurance Financial
8Regulation Fund.
9(Source: P.A. 84-989.)
 
10    (215 ILCS 5/1202)  (from Ch. 73, par. 1065.902)
11    Sec. 1202. Duties. The Director shall:
12        (a) determine the relationship of insurance premiums
13    and related income as compared to insurance costs and
14    expenses and provide such information to the General
15    Assembly and the general public;
16        (b) study the insurance system in the State of
17    Illinois, and recommend to the General Assembly what it
18    deems to be the most appropriate and comprehensive cost
19    containment system for the State;
20        (c) respond to the requests by agencies of government
21    and the General Assembly for special studies and analysis
22    of data collected pursuant to this Article. Such reports
23    shall be made available in a form prescribed by the
24    Director. The Director may also determine a fee to be
25    charged to the requesting agency to cover the direct and

 

 

SB2217- 334 -LRB100 13147 JWD 27539 b

1    indirect costs for producing such a report, and shall
2    permit affected insurers the right to review the accuracy
3    of the report before it is released. The fees shall be
4    deposited into the Technology Management Statistical
5    Services Revolving Fund and credited to the account of the
6    Department of Insurance;
7        (d) make an interim report to the General Assembly no
8    later than August 15, 1987, and an annual report to the
9    General Assembly no later than July 1 every year thereafter
10    which shall include the Director's findings and
11    recommendations regarding its duties as provided under
12    subsections (a), (b), and (c) of this Section.
13(Source: P.A. 98-226, eff. 1-1-14; 99-642, eff. 7-28-16.)
 
14    (215 ILCS 5/1206)  (from Ch. 73, par. 1065.906)
15    Sec. 1206. Expenses. The companies required to file reports
16under this Article shall pay a reasonable fee established by
17the Director sufficient to cover the total cost of the
18Department incident to or associated with the administration
19and enforcement of this Article, including the collection,
20analysis and distribution of the insurance cost data, the
21conversion of hard copy reports to tape, and the compilation
22and analysis of basic reports. The Director may establish a
23schedule of fees for this purpose. Expenses for additional
24reports shall be billed to those requesting the reports. Any
25such fees collected under this Section shall be paid to the

 

 

SB2217- 335 -LRB100 13147 JWD 27539 b

1Director of Insurance and deposited into the Technology
2Management Statistical Services Revolving Fund and credited to
3the account of the Department of Insurance.
4(Source: P.A. 84-1431.)
 
5    Section 20-25. The Workers' Compensation Act is amended by
6changing Section 17 as follows:
 
7    (820 ILCS 305/17)  (from Ch. 48, par. 138.17)
8    Sec. 17. The Commission shall cause to be printed and
9furnish free of charge upon request by any employer or employee
10such blank forms as may facilitate or promote efficient
11administration and the performance of the duties of the
12Commission. It shall provide a proper record in which shall be
13entered and indexed the name of any employer who shall file a
14notice of declination or withdrawal under this Act, and the
15date of the filing thereof; and a proper record in which shall
16be entered and indexed the name of any employee who shall file
17such notice of declination or withdrawal, and the date of the
18filing thereof; and such other notices as may be required by
19this Act; and records in which shall be recorded all
20proceedings, orders and awards had or made by the Commission or
21by the arbitration committees, and such other books or records
22as it shall deem necessary, all such records to be kept in the
23office of the Commission.
24    The Commission may destroy all papers and documents which

 

 

SB2217- 336 -LRB100 13147 JWD 27539 b

1have been on file for more than 5 years where there is no claim
2for compensation pending or where more than 2 years have
3elapsed since the termination of the compensation period.
4    The Commission shall compile and distribute to interested
5persons aggregate statistics, taken from any records and
6reports in the possession of the Commission. The aggregate
7statistics shall not give the names or otherwise identify
8persons sustaining injuries or disabilities or the employer of
9any injured person or person with a disability.
10    The Commission is authorized to establish reasonable fees
11and methods of payment limited to covering only the costs to
12the Commission for processing, maintaining and generating
13records or data necessary for the computerized production of
14documents, records and other materials except to the extent of
15any salaries or compensation of Commission officers or
16employees.
17    All fees collected by the Commission under this Section
18shall be deposited in the Technology Management Statistical
19Services Revolving Fund and credited to the account of the
20Illinois Workers' Compensation Commission.
21(Source: P.A. 99-143, eff. 7-27-15.)
 
22    Section 20-30. The Workers' Occupational Diseases Act is
23amended by changing Section 17 as follows:
 
24    (820 ILCS 310/17)  (from Ch. 48, par. 172.52)

 

 

SB2217- 337 -LRB100 13147 JWD 27539 b

1    Sec. 17. The Commission shall cause to be printed and shall
2furnish free of charge upon request by any employer or employee
3such blank forms as it shall deem requisite to facilitate or
4promote the efficient administration of this Act, and the
5performance of the duties of the Commission. It shall provide a
6proper record in which shall be entered and indexed the name of
7any employer who shall file a notice of election under this
8Act, and the date of the filing thereof; and a proper record in
9which shall be entered and indexed the name of any employee who
10shall file a notice of election, and the date of the filing
11thereof; and such other notices as may be required by this Act;
12and records in which shall be recorded all proceedings, orders
13and awards had or made by the Commission, or by the arbitration
14committees, and such other books or records as it shall deem
15necessary, all such records to be kept in the office of the
16Commission. The Commission, in its discretion, may destroy all
17papers and documents except notices of election and waivers
18which have been on file for more than five years where there is
19no claim for compensation pending, or where more than two years
20have elapsed since the termination of the compensation period.
21    The Commission shall compile and distribute to interested
22persons aggregate statistics, taken from any records and
23reports in the possession of the Commission. The aggregate
24statistics shall not give the names or otherwise identify
25persons sustaining injuries or disabilities or the employer of
26any injured person or person with a disability.

 

 

SB2217- 338 -LRB100 13147 JWD 27539 b

1    The Commission is authorized to establish reasonable fees
2and methods of payment limited to covering only the costs to
3the Commission for processing, maintaining and generating
4records or data necessary for the computerized production of
5documents, records and other materials except to the extent of
6any salaries or compensation of Commission officers or
7employees.
8    All fees collected by the Commission under this Section
9shall be deposited in the Technology Management Statistical
10Services Revolving Fund and credited to the account of the
11Illinois Workers' Compensation Commission.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13
ARTICLE 25. REGULATORY SUNSET

 
14    Section 25-5. The Regulatory Sunset Act is amended by
15changing Section 4.28 and by adding Section 4.38 as follows:
 
16    (5 ILCS 80/4.28)
17    Sec. 4.28. Acts repealed on January 1, 2018. The following
18Acts are repealed on January 1, 2018:
19    The Illinois Petroleum Education and Marketing Act.
20    The Podiatric Medical Practice Act of 1987.
21    The Acupuncture Practice Act.
22    The Illinois Speech-Language Pathology and Audiology
23Practice Act.

 

 

SB2217- 339 -LRB100 13147 JWD 27539 b

1    The Interpreter for the Deaf Licensure Act of 2007.
2    The Nurse Practice Act.
3    The Clinical Social Work and Social Work Practice Act.
4    The Pharmacy Practice Act.
5    The Home Medical Equipment and Services Provider License
6Act.
7    The Marriage and Family Therapy Licensing Act.
8    The Nursing Home Administrators Licensing and Disciplinary
9Act.
10    The Physician Assistant Practice Act of 1987.
11(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
1295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
139-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
14eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
1596-328, eff. 8-11-09.)
 
16    (5 ILCS 80/4.38 new)
17    Sec. 4.38. Act repealed on January 1, 2028. The following
18Act is repealed on January 1, 2028:
19    The Interpreter for the Deaf Licensure Act of 2007.
 
20
ARTICLE 30. HEALTH AND HUMAN SERVICES

 
21    Section 30-5. The Illinois Public Aid Code is amended by
22changing Section 5-5 as follows:
 

 

 

SB2217- 340 -LRB100 13147 JWD 27539 b

1    (305 ILCS 5/5-5)  (from Ch. 23, par. 5-5)
2    Sec. 5-5. Medical services. The Illinois Department, by
3rule, shall determine the quantity and quality of and the rate
4of reimbursement for the medical assistance for which payment
5will be authorized, and the medical services to be provided,
6which may include all or part of the following: (1) inpatient
7hospital services; (2) outpatient hospital services; (3) other
8laboratory and X-ray services; (4) skilled nursing home
9services; (5) physicians' services whether furnished in the
10office, the patient's home, a hospital, a skilled nursing home,
11or elsewhere; (6) medical care, or any other type of remedial
12care furnished by licensed practitioners; (7) home health care
13services; (8) private duty nursing service; (9) clinic
14services; (10) dental services, including prevention and
15treatment of periodontal disease and dental caries disease for
16pregnant women, provided by an individual licensed to practice
17dentistry or dental surgery; for purposes of this item (10),
18"dental services" means diagnostic, preventive, or corrective
19procedures provided by or under the supervision of a dentist in
20the practice of his or her profession; (11) physical therapy
21and related services; (12) prescribed drugs, dentures, and
22prosthetic devices; and eyeglasses prescribed by a physician
23skilled in the diseases of the eye, or by an optometrist,
24whichever the person may select; (13) other diagnostic,
25screening, preventive, and rehabilitative services, including
26to ensure that the individual's need for intervention or

 

 

SB2217- 341 -LRB100 13147 JWD 27539 b

1treatment of mental disorders or substance use disorders or
2co-occurring mental health and substance use disorders is
3determined using a uniform screening, assessment, and
4evaluation process inclusive of criteria, for children and
5adults; for purposes of this item (13), a uniform screening,
6assessment, and evaluation process refers to a process that
7includes an appropriate evaluation and, as warranted, a
8referral; "uniform" does not mean the use of a singular
9instrument, tool, or process that all must utilize; (14)
10transportation and such other expenses as may be necessary;
11(15) medical treatment of sexual assault survivors, as defined
12in Section 1a of the Sexual Assault Survivors Emergency
13Treatment Act, for injuries sustained as a result of the sexual
14assault, including examinations and laboratory tests to
15discover evidence which may be used in criminal proceedings
16arising from the sexual assault; (16) the diagnosis and
17treatment of sickle cell anemia; and (17) any other medical
18care, and any other type of remedial care recognized under the
19laws of this State, but not including abortions, or induced
20miscarriages or premature births, unless, in the opinion of a
21physician, such procedures are necessary for the preservation
22of the life of the woman seeking such treatment, or except an
23induced premature birth intended to produce a live viable child
24and such procedure is necessary for the health of the mother or
25her unborn child. The Illinois Department, by rule, shall
26prohibit any physician from providing medical assistance to

 

 

SB2217- 342 -LRB100 13147 JWD 27539 b

1anyone eligible therefor under this Code where such physician
2has been found guilty of performing an abortion procedure in a
3wilful and wanton manner upon a woman who was not pregnant at
4the time such abortion procedure was performed. The term "any
5other type of remedial care" shall include nursing care and
6nursing home service for persons who rely on treatment by
7spiritual means alone through prayer for healing.
8    Notwithstanding any other provision of this Section, a
9comprehensive tobacco use cessation program that includes
10purchasing prescription drugs or prescription medical devices
11approved by the Food and Drug Administration shall be covered
12under the medical assistance program under this Article for
13persons who are otherwise eligible for assistance under this
14Article.
15    Notwithstanding any other provision of this Code, the
16Illinois Department may not require, as a condition of payment
17for any laboratory test authorized under this Article, that a
18physician's handwritten signature appear on the laboratory
19test order form. The Illinois Department may, however, impose
20other appropriate requirements regarding laboratory test order
21documentation.
22    Upon receipt of federal approval of an amendment to the
23Illinois Title XIX State Plan for this purpose, the Department
24shall authorize the Chicago Public Schools (CPS) to procure a
25vendor or vendors to manufacture eyeglasses for individuals
26enrolled in a school within the CPS system. CPS shall ensure

 

 

SB2217- 343 -LRB100 13147 JWD 27539 b

1that its vendor or vendors are enrolled as providers in the
2medical assistance program and in any capitated Medicaid
3managed care entity (MCE) serving individuals enrolled in a
4school within the CPS system. Under any contract procured under
5this provision, the vendor or vendors must serve only
6individuals enrolled in a school within the CPS system. Claims
7for services provided by CPS's vendor or vendors to recipients
8of benefits in the medical assistance program under this Code,
9the Children's Health Insurance Program, or the Covering ALL
10KIDS Health Insurance Program shall be submitted to the
11Department or the MCE in which the individual is enrolled for
12payment and shall be reimbursed at the Department's or the
13MCE's established rates or rate methodologies for eyeglasses.
14    On and after July 1, 2012, the Department of Healthcare and
15Family Services may provide the following services to persons
16eligible for assistance under this Article who are
17participating in education, training or employment programs
18operated by the Department of Human Services as successor to
19the Department of Public Aid:
20        (1) dental services provided by or under the
21    supervision of a dentist; and
22        (2) eyeglasses prescribed by a physician skilled in the
23    diseases of the eye, or by an optometrist, whichever the
24    person may select.
25    Notwithstanding any other provision of this Code and
26subject to federal approval, the Department may adopt rules to

 

 

SB2217- 344 -LRB100 13147 JWD 27539 b

1allow a dentist who is volunteering his or her service at no
2cost to render dental services through an enrolled
3not-for-profit health clinic without the dentist personally
4enrolling as a participating provider in the medical assistance
5program. A not-for-profit health clinic shall include a public
6health clinic or Federally Qualified Health Center or other
7enrolled provider, as determined by the Department, through
8which dental services covered under this Section are performed.
9The Department shall establish a process for payment of claims
10for reimbursement for covered dental services rendered under
11this provision.
12    The Illinois Department, by rule, may distinguish and
13classify the medical services to be provided only in accordance
14with the classes of persons designated in Section 5-2.
15    The Department of Healthcare and Family Services must
16provide coverage and reimbursement for amino acid-based
17elemental formulas, regardless of delivery method, for the
18diagnosis and treatment of (i) eosinophilic disorders and (ii)
19short bowel syndrome when the prescribing physician has issued
20a written order stating that the amino acid-based elemental
21formula is medically necessary.
22    The Illinois Department shall authorize the provision of,
23and shall authorize payment for, screening by low-dose
24mammography for the presence of occult breast cancer for women
2535 years of age or older who are eligible for medical
26assistance under this Article, as follows:

 

 

SB2217- 345 -LRB100 13147 JWD 27539 b

1        (A) A baseline mammogram for women 35 to 39 years of
2    age.
3        (B) An annual mammogram for women 40 years of age or
4    older.
5        (C) A mammogram at the age and intervals considered
6    medically necessary by the woman's health care provider for
7    women under 40 years of age and having a family history of
8    breast cancer, prior personal history of breast cancer,
9    positive genetic testing, or other risk factors.
10        (D) A comprehensive ultrasound screening of an entire
11    breast or breasts if a mammogram demonstrates
12    heterogeneous or dense breast tissue, when medically
13    necessary as determined by a physician licensed to practice
14    medicine in all of its branches.
15        (E) A screening MRI when medically necessary, as
16    determined by a physician licensed to practice medicine in
17    all of its branches.
18    All screenings shall include a physical breast exam,
19instruction on self-examination and information regarding the
20frequency of self-examination and its value as a preventative
21tool. For purposes of this Section, "low-dose mammography"
22means the x-ray examination of the breast using equipment
23dedicated specifically for mammography, including the x-ray
24tube, filter, compression device, and image receptor, with an
25average radiation exposure delivery of less than one rad per
26breast for 2 views of an average size breast. The term also

 

 

SB2217- 346 -LRB100 13147 JWD 27539 b

1includes digital mammography and includes breast
2tomosynthesis. As used in this Section, the term "breast
3tomosynthesis" means a radiologic procedure that involves the
4acquisition of projection images over the stationary breast to
5produce cross-sectional digital three-dimensional images of
6the breast. If, at any time, the Secretary of the United States
7Department of Health and Human Services, or its successor
8agency, promulgates rules or regulations to be published in the
9Federal Register or publishes a comment in the Federal Register
10or issues an opinion, guidance, or other action that would
11require the State, pursuant to any provision of the Patient
12Protection and Affordable Care Act (Public Law 111-148),
13including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
14successor provision, to defray the cost of any coverage for
15breast tomosynthesis outlined in this paragraph, then the
16requirement that an insurer cover breast tomosynthesis is
17inoperative other than any such coverage authorized under
18Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
19the State shall not assume any obligation for the cost of
20coverage for breast tomosynthesis set forth in this paragraph.
21    On and after January 1, 2016, the Department shall ensure
22that all networks of care for adult clients of the Department
23include access to at least one breast imaging Center of Imaging
24Excellence as certified by the American College of Radiology.
25    On and after January 1, 2012, providers participating in a
26quality improvement program approved by the Department shall be

 

 

SB2217- 347 -LRB100 13147 JWD 27539 b

1reimbursed for screening and diagnostic mammography at the same
2rate as the Medicare program's rates, including the increased
3reimbursement for digital mammography.
4    The Department shall convene an expert panel including
5representatives of hospitals, free-standing mammography
6facilities, and doctors, including radiologists, to establish
7quality standards for mammography.
8    On and after January 1, 2017, providers participating in a
9breast cancer treatment quality improvement program approved
10by the Department shall be reimbursed for breast cancer
11treatment at a rate that is no lower than 95% of the Medicare
12program's rates for the data elements included in the breast
13cancer treatment quality program.
14    The Department shall convene an expert panel, including
15representatives of hospitals, free standing breast cancer
16treatment centers, breast cancer quality organizations, and
17doctors, including breast surgeons, reconstructive breast
18surgeons, oncologists, and primary care providers to establish
19quality standards for breast cancer treatment.
20    Subject to federal approval, the Department shall
21establish a rate methodology for mammography at federally
22qualified health centers and other encounter-rate clinics.
23These clinics or centers may also collaborate with other
24hospital-based mammography facilities. By January 1, 2016, the
25Department shall report to the General Assembly on the status
26of the provision set forth in this paragraph.

 

 

SB2217- 348 -LRB100 13147 JWD 27539 b

1    The Department shall establish a methodology to remind
2women who are age-appropriate for screening mammography, but
3who have not received a mammogram within the previous 18
4months, of the importance and benefit of screening mammography.
5The Department shall work with experts in breast cancer
6outreach and patient navigation to optimize these reminders and
7shall establish a methodology for evaluating their
8effectiveness and modifying the methodology based on the
9evaluation.
10    The Department shall establish a performance goal for
11primary care providers with respect to their female patients
12over age 40 receiving an annual mammogram. This performance
13goal shall be used to provide additional reimbursement in the
14form of a quality performance bonus to primary care providers
15who meet that goal.
16    The Department shall devise a means of case-managing or
17patient navigation for beneficiaries diagnosed with breast
18cancer. This program shall initially operate as a pilot program
19in areas of the State with the highest incidence of mortality
20related to breast cancer. At least one pilot program site shall
21be in the metropolitan Chicago area and at least one site shall
22be outside the metropolitan Chicago area. On or after July 1,
232016, the pilot program shall be expanded to include one site
24in western Illinois, one site in southern Illinois, one site in
25central Illinois, and 4 sites within metropolitan Chicago. An
26evaluation of the pilot program shall be carried out measuring

 

 

SB2217- 349 -LRB100 13147 JWD 27539 b

1health outcomes and cost of care for those served by the pilot
2program compared to similarly situated patients who are not
3served by the pilot program.
4    The Department shall require all networks of care to
5develop a means either internally or by contract with experts
6in navigation and community outreach to navigate cancer
7patients to comprehensive care in a timely fashion. The
8Department shall require all networks of care to include access
9for patients diagnosed with cancer to at least one academic
10commission on cancer-accredited cancer program as an
11in-network covered benefit.
12    Any medical or health care provider shall immediately
13recommend, to any pregnant woman who is being provided prenatal
14services and is suspected of drug abuse or is addicted as
15defined in the Alcoholism and Other Drug Abuse and Dependency
16Act, referral to a local substance abuse treatment provider
17licensed by the Department of Human Services or to a licensed
18hospital which provides substance abuse treatment services.
19The Department of Healthcare and Family Services shall assure
20coverage for the cost of treatment of the drug abuse or
21addiction for pregnant recipients in accordance with the
22Illinois Medicaid Program in conjunction with the Department of
23Human Services.
24    All medical providers providing medical assistance to
25pregnant women under this Code shall receive information from
26the Department on the availability of services under the Drug

 

 

SB2217- 350 -LRB100 13147 JWD 27539 b

1Free Families with a Future or any comparable program providing
2case management services for addicted women, including
3information on appropriate referrals for other social services
4that may be needed by addicted women in addition to treatment
5for addiction.
6    The Illinois Department, in cooperation with the
7Departments of Human Services (as successor to the Department
8of Alcoholism and Substance Abuse) and Public Health, through a
9public awareness campaign, may provide information concerning
10treatment for alcoholism and drug abuse and addiction, prenatal
11health care, and other pertinent programs directed at reducing
12the number of drug-affected infants born to recipients of
13medical assistance.
14    Neither the Department of Healthcare and Family Services
15nor the Department of Human Services shall sanction the
16recipient solely on the basis of her substance abuse.
17    The Illinois Department shall establish such regulations
18governing the dispensing of health services under this Article
19as it shall deem appropriate. The Department should seek the
20advice of formal professional advisory committees appointed by
21the Director of the Illinois Department for the purpose of
22providing regular advice on policy and administrative matters,
23information dissemination and educational activities for
24medical and health care providers, and consistency in
25procedures to the Illinois Department.
26    The Illinois Department may develop and contract with

 

 

SB2217- 351 -LRB100 13147 JWD 27539 b

1Partnerships of medical providers to arrange medical services
2for persons eligible under Section 5-2 of this Code.
3Implementation of this Section may be by demonstration projects
4in certain geographic areas. The Partnership shall be
5represented by a sponsor organization. The Department, by rule,
6shall develop qualifications for sponsors of Partnerships.
7Nothing in this Section shall be construed to require that the
8sponsor organization be a medical organization.
9    The sponsor must negotiate formal written contracts with
10medical providers for physician services, inpatient and
11outpatient hospital care, home health services, treatment for
12alcoholism and substance abuse, and other services determined
13necessary by the Illinois Department by rule for delivery by
14Partnerships. Physician services must include prenatal and
15obstetrical care. The Illinois Department shall reimburse
16medical services delivered by Partnership providers to clients
17in target areas according to provisions of this Article and the
18Illinois Health Finance Reform Act, except that:
19        (1) Physicians participating in a Partnership and
20    providing certain services, which shall be determined by
21    the Illinois Department, to persons in areas covered by the
22    Partnership may receive an additional surcharge for such
23    services.
24        (2) The Department may elect to consider and negotiate
25    financial incentives to encourage the development of
26    Partnerships and the efficient delivery of medical care.

 

 

SB2217- 352 -LRB100 13147 JWD 27539 b

1        (3) Persons receiving medical services through
2    Partnerships may receive medical and case management
3    services above the level usually offered through the
4    medical assistance program.
5    Medical providers shall be required to meet certain
6qualifications to participate in Partnerships to ensure the
7delivery of high quality medical services. These
8qualifications shall be determined by rule of the Illinois
9Department and may be higher than qualifications for
10participation in the medical assistance program. Partnership
11sponsors may prescribe reasonable additional qualifications
12for participation by medical providers, only with the prior
13written approval of the Illinois Department.
14    Nothing in this Section shall limit the free choice of
15practitioners, hospitals, and other providers of medical
16services by clients. In order to ensure patient freedom of
17choice, the Illinois Department shall immediately promulgate
18all rules and take all other necessary actions so that provided
19services may be accessed from therapeutically certified
20optometrists to the full extent of the Illinois Optometric
21Practice Act of 1987 without discriminating between service
22providers.
23    The Department shall apply for a waiver from the United
24States Health Care Financing Administration to allow for the
25implementation of Partnerships under this Section.
26    The Illinois Department shall require health care

 

 

SB2217- 353 -LRB100 13147 JWD 27539 b

1providers to maintain records that document the medical care
2and services provided to recipients of Medical Assistance under
3this Article. Such records must be retained for a period of not
4less than 6 years from the date of service or as provided by
5applicable State law, whichever period is longer, except that
6if an audit is initiated within the required retention period
7then the records must be retained until the audit is completed
8and every exception is resolved. The Illinois Department shall
9require health care providers to make available, when
10authorized by the patient, in writing, the medical records in a
11timely fashion to other health care providers who are treating
12or serving persons eligible for Medical Assistance under this
13Article. All dispensers of medical services shall be required
14to maintain and retain business and professional records
15sufficient to fully and accurately document the nature, scope,
16details and receipt of the health care provided to persons
17eligible for medical assistance under this Code, in accordance
18with regulations promulgated by the Illinois Department. The
19rules and regulations shall require that proof of the receipt
20of prescription drugs, dentures, prosthetic devices and
21eyeglasses by eligible persons under this Section accompany
22each claim for reimbursement submitted by the dispenser of such
23medical services. No such claims for reimbursement shall be
24approved for payment by the Illinois Department without such
25proof of receipt, unless the Illinois Department shall have put
26into effect and shall be operating a system of post-payment

 

 

SB2217- 354 -LRB100 13147 JWD 27539 b

1audit and review which shall, on a sampling basis, be deemed
2adequate by the Illinois Department to assure that such drugs,
3dentures, prosthetic devices and eyeglasses for which payment
4is being made are actually being received by eligible
5recipients. Within 90 days after September 16, 1984 (the
6effective date of Public Act 83-1439), the Illinois Department
7shall establish a current list of acquisition costs for all
8prosthetic devices and any other items recognized as medical
9equipment and supplies reimbursable under this Article and
10shall update such list on a quarterly basis, except that the
11acquisition costs of all prescription drugs shall be updated no
12less frequently than every 30 days as required by Section
135-5.12.
14    The rules and regulations of the Illinois Department shall
15require that a written statement including the required opinion
16of a physician shall accompany any claim for reimbursement for
17abortions, or induced miscarriages or premature births. This
18statement shall indicate what procedures were used in providing
19such medical services.
20    Notwithstanding any other law to the contrary, the Illinois
21Department shall, within 365 days after July 22, 2013 (the
22effective date of Public Act 98-104), establish procedures to
23permit skilled care facilities licensed under the Nursing Home
24Care Act to submit monthly billing claims for reimbursement
25purposes. Following development of these procedures, the
26Department shall, by July 1, 2016, test the viability of the

 

 

SB2217- 355 -LRB100 13147 JWD 27539 b

1new system and implement any necessary operational or
2structural changes to its information technology platforms in
3order to allow for the direct acceptance and payment of nursing
4home claims.
5    Notwithstanding any other law to the contrary, the Illinois
6Department shall, within 365 days after August 15, 2014 (the
7effective date of Public Act 98-963), establish procedures to
8permit ID/DD facilities licensed under the ID/DD Community Care
9Act and MC/DD facilities licensed under the MC/DD Act to submit
10monthly billing claims for reimbursement purposes. Following
11development of these procedures, the Department shall have an
12additional 365 days to test the viability of the new system and
13to ensure that any necessary operational or structural changes
14to its information technology platforms are implemented.
15    The Illinois Department shall require all dispensers of
16medical services, other than an individual practitioner or
17group of practitioners, desiring to participate in the Medical
18Assistance program established under this Article to disclose
19all financial, beneficial, ownership, equity, surety or other
20interests in any and all firms, corporations, partnerships,
21associations, business enterprises, joint ventures, agencies,
22institutions or other legal entities providing any form of
23health care services in this State under this Article.
24    The Illinois Department may require that all dispensers of
25medical services desiring to participate in the medical
26assistance program established under this Article disclose,

 

 

SB2217- 356 -LRB100 13147 JWD 27539 b

1under such terms and conditions as the Illinois Department may
2by rule establish, all inquiries from clients and attorneys
3regarding medical bills paid by the Illinois Department, which
4inquiries could indicate potential existence of claims or liens
5for the Illinois Department.
6    Enrollment of a vendor shall be subject to a provisional
7period and shall be conditional for one year. During the period
8of conditional enrollment, the Department may terminate the
9vendor's eligibility to participate in, or may disenroll the
10vendor from, the medical assistance program without cause.
11Unless otherwise specified, such termination of eligibility or
12disenrollment is not subject to the Department's hearing
13process. However, a disenrolled vendor may reapply without
14penalty.
15    The Department has the discretion to limit the conditional
16enrollment period for vendors based upon category of risk of
17the vendor.
18    Prior to enrollment and during the conditional enrollment
19period in the medical assistance program, all vendors shall be
20subject to enhanced oversight, screening, and review based on
21the risk of fraud, waste, and abuse that is posed by the
22category of risk of the vendor. The Illinois Department shall
23establish the procedures for oversight, screening, and review,
24which may include, but need not be limited to: criminal and
25financial background checks; fingerprinting; license,
26certification, and authorization verifications; unscheduled or

 

 

SB2217- 357 -LRB100 13147 JWD 27539 b

1unannounced site visits; database checks; prepayment audit
2reviews; audits; payment caps; payment suspensions; and other
3screening as required by federal or State law.
4    The Department shall define or specify the following: (i)
5by provider notice, the "category of risk of the vendor" for
6each type of vendor, which shall take into account the level of
7screening applicable to a particular category of vendor under
8federal law and regulations; (ii) by rule or provider notice,
9the maximum length of the conditional enrollment period for
10each category of risk of the vendor; and (iii) by rule, the
11hearing rights, if any, afforded to a vendor in each category
12of risk of the vendor that is terminated or disenrolled during
13the conditional enrollment period.
14    To be eligible for payment consideration, a vendor's
15payment claim or bill, either as an initial claim or as a
16resubmitted claim following prior rejection, must be received
17by the Illinois Department, or its fiscal intermediary, no
18later than 180 days after the latest date on the claim on which
19medical goods or services were provided, with the following
20exceptions:
21        (1) In the case of a provider whose enrollment is in
22    process by the Illinois Department, the 180-day period
23    shall not begin until the date on the written notice from
24    the Illinois Department that the provider enrollment is
25    complete.
26        (2) In the case of errors attributable to the Illinois

 

 

SB2217- 358 -LRB100 13147 JWD 27539 b

1    Department or any of its claims processing intermediaries
2    which result in an inability to receive, process, or
3    adjudicate a claim, the 180-day period shall not begin
4    until the provider has been notified of the error.
5        (3) In the case of a provider for whom the Illinois
6    Department initiates the monthly billing process.
7        (4) In the case of a provider operated by a unit of
8    local government with a population exceeding 3,000,000
9    when local government funds finance federal participation
10    for claims payments.
11    For claims for services rendered during a period for which
12a recipient received retroactive eligibility, claims must be
13filed within 180 days after the Department determines the
14applicant is eligible. For claims for which the Illinois
15Department is not the primary payer, claims must be submitted
16to the Illinois Department within 180 days after the final
17adjudication by the primary payer.
18    In the case of long term care facilities, within 5 days of
19receipt by the facility of required prescreening information,
20data for new admissions shall be entered into the Medical
21Electronic Data Interchange (MEDI) or the Recipient
22Eligibility Verification (REV) System or successor system, and
23within 15 days of receipt by the facility of required
24prescreening information, admission documents shall be
25submitted through MEDI or REV or shall be submitted directly to
26the Department of Human Services using required admission

 

 

SB2217- 359 -LRB100 13147 JWD 27539 b

1forms. Effective September 1, 2014, admission documents,
2including all prescreening information, must be submitted
3through MEDI or REV. Confirmation numbers assigned to an
4accepted transaction shall be retained by a facility to verify
5timely submittal. Once an admission transaction has been
6completed, all resubmitted claims following prior rejection
7are subject to receipt no later than 180 days after the
8admission transaction has been completed.
9    Claims that are not submitted and received in compliance
10with the foregoing requirements shall not be eligible for
11payment under the medical assistance program, and the State
12shall have no liability for payment of those claims.
13    To the extent consistent with applicable information and
14privacy, security, and disclosure laws, State and federal
15agencies and departments shall provide the Illinois Department
16access to confidential and other information and data necessary
17to perform eligibility and payment verifications and other
18Illinois Department functions. This includes, but is not
19limited to: information pertaining to licensure;
20certification; earnings; immigration status; citizenship; wage
21reporting; unearned and earned income; pension income;
22employment; supplemental security income; social security
23numbers; National Provider Identifier (NPI) numbers; the
24National Practitioner Data Bank (NPDB); program and agency
25exclusions; taxpayer identification numbers; tax delinquency;
26corporate information; and death records.

 

 

SB2217- 360 -LRB100 13147 JWD 27539 b

1    The Illinois Department shall enter into agreements with
2State agencies and departments, and is authorized to enter into
3agreements with federal agencies and departments, under which
4such agencies and departments shall share data necessary for
5medical assistance program integrity functions and oversight.
6The Illinois Department shall develop, in cooperation with
7other State departments and agencies, and in compliance with
8applicable federal laws and regulations, appropriate and
9effective methods to share such data. At a minimum, and to the
10extent necessary to provide data sharing, the Illinois
11Department shall enter into agreements with State agencies and
12departments, and is authorized to enter into agreements with
13federal agencies and departments, including but not limited to:
14the Secretary of State; the Department of Revenue; the
15Department of Public Health; the Department of Human Services;
16and the Department of Financial and Professional Regulation.
17    Beginning in fiscal year 2013, the Illinois Department
18shall set forth a request for information to identify the
19benefits of a pre-payment, post-adjudication, and post-edit
20claims system with the goals of streamlining claims processing
21and provider reimbursement, reducing the number of pending or
22rejected claims, and helping to ensure a more transparent
23adjudication process through the utilization of: (i) provider
24data verification and provider screening technology; and (ii)
25clinical code editing; and (iii) pre-pay, pre- or
26post-adjudicated predictive modeling with an integrated case

 

 

SB2217- 361 -LRB100 13147 JWD 27539 b

1management system with link analysis. Such a request for
2information shall not be considered as a request for proposal
3or as an obligation on the part of the Illinois Department to
4take any action or acquire any products or services.
5    The Illinois Department shall establish policies,
6procedures, standards and criteria by rule for the acquisition,
7repair and replacement of orthotic and prosthetic devices and
8durable medical equipment. Such rules shall provide, but not be
9limited to, the following services: (1) immediate repair or
10replacement of such devices by recipients; and (2) rental,
11lease, purchase or lease-purchase of durable medical equipment
12in a cost-effective manner, taking into consideration the
13recipient's medical prognosis, the extent of the recipient's
14needs, and the requirements and costs for maintaining such
15equipment. Subject to prior approval, such rules shall enable a
16recipient to temporarily acquire and use alternative or
17substitute devices or equipment pending repairs or
18replacements of any device or equipment previously authorized
19for such recipient by the Department. Notwithstanding any
20provision of Section 5-5f to the contrary, the Department may,
21by rule, exempt certain replacement wheelchair parts from prior
22approval and, for wheelchairs, wheelchair parts, wheelchair
23accessories, and related seating and positioning items,
24determine the wholesale price by methods other than actual
25acquisition costs.
26    The Department shall require, by rule, all providers of

 

 

SB2217- 362 -LRB100 13147 JWD 27539 b

1durable medical equipment to be accredited by an accreditation
2organization approved by the federal Centers for Medicare and
3Medicaid Services and recognized by the Department in order to
4bill the Department for providing durable medical equipment to
5recipients. No later than 15 months after the effective date of
6the rule adopted pursuant to this paragraph, all providers must
7meet the accreditation requirement.
8    The Department shall execute, relative to the nursing home
9prescreening project, written inter-agency agreements with the
10Department of Human Services and the Department on Aging, to
11effect the following: (i) intake procedures and common
12eligibility criteria for those persons who are receiving
13non-institutional services; and (ii) the establishment and
14development of non-institutional services in areas of the State
15where they are not currently available or are undeveloped; and
16(iii) notwithstanding any other provision of law, subject to
17federal approval, on and after July 1, 2012, an increase in the
18determination of need (DON) scores from 29 to 37 for applicants
19for institutional and home and community-based long term care;
20if and only if federal approval is not granted, the Department
21may, in conjunction with other affected agencies, implement
22utilization controls or changes in benefit packages to
23effectuate a similar savings amount for this population; and
24(iv) no later than July 1, 2013, minimum level of care
25eligibility criteria for institutional and home and
26community-based long term care; and (v) no later than October

 

 

SB2217- 363 -LRB100 13147 JWD 27539 b

11, 2013, establish procedures to permit long term care
2providers access to eligibility scores for individuals with an
3admission date who are seeking or receiving services from the
4long term care provider. In order to select the minimum level
5of care eligibility criteria, the Governor shall establish a
6workgroup that includes affected agency representatives and
7stakeholders representing the institutional and home and
8community-based long term care interests. This Section shall
9not restrict the Department from implementing lower level of
10care eligibility criteria for community-based services in
11circumstances where federal approval has been granted.
12    The Illinois Department shall develop and operate, in
13cooperation with other State Departments and agencies and in
14compliance with applicable federal laws and regulations,
15appropriate and effective systems of health care evaluation and
16programs for monitoring of utilization of health care services
17and facilities, as it affects persons eligible for medical
18assistance under this Code.
19    The Illinois Department shall report annually to the
20General Assembly, no later than the second Friday in April of
211979 and each year thereafter, in regard to:
22        (a) actual statistics and trends in utilization of
23    medical services by public aid recipients;
24        (b) actual statistics and trends in the provision of
25    the various medical services by medical vendors;
26        (c) current rate structures and proposed changes in

 

 

SB2217- 364 -LRB100 13147 JWD 27539 b

1    those rate structures for the various medical vendors; and
2        (d) efforts at utilization review and control by the
3    Illinois Department.
4    The period covered by each report shall be the 3 years
5ending on the June 30 prior to the report. The report shall
6include suggested legislation for consideration by the General
7Assembly. The filing of one copy of the report with the
8Speaker, one copy with the Minority Leader and one copy with
9the Clerk of the House of Representatives, one copy with the
10President, one copy with the Minority Leader and one copy with
11the Secretary of the Senate, one copy with the Legislative
12Research Unit, and such additional copies with the State
13Government Report Distribution Center for the General Assembly
14as is required under paragraph (t) of Section 7 of the State
15Library Act shall be deemed sufficient to comply with this
16Section.
17    Rulemaking authority to implement Public Act 95-1045, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23    On and after July 1, 2012, the Department shall reduce any
24rate of reimbursement for services or other payments or alter
25any methodologies authorized by this Code to reduce any rate of
26reimbursement for services or other payments in accordance with

 

 

SB2217- 365 -LRB100 13147 JWD 27539 b

1Section 5-5e.
2    Because kidney transplantation can be an appropriate, cost
3effective alternative to renal dialysis when medically
4necessary and notwithstanding the provisions of Section 1-11 of
5this Code, beginning October 1, 2014, the Department shall
6cover kidney transplantation for noncitizens with end-stage
7renal disease who are not eligible for comprehensive medical
8benefits, who meet the residency requirements of Section 5-3 of
9this Code, and who would otherwise meet the financial
10requirements of the appropriate class of eligible persons under
11Section 5-2 of this Code. To qualify for coverage of kidney
12transplantation, such person must be receiving emergency renal
13dialysis services covered by the Department. Providers under
14this Section shall be prior approved and certified by the
15Department to perform kidney transplantation and the services
16under this Section shall be limited to services associated with
17kidney transplantation.
18    Notwithstanding any other provision of this Code to the
19contrary, on or after July 1, 2017 2015, all FDA approved forms
20of medication assisted treatment prescribed for the treatment
21of alcohol dependence or treatment of opioid dependence shall
22be covered under both fee for service and managed care medical
23assistance programs for persons who are otherwise eligible for
24medical assistance under this Article and may shall not be
25subject to any (1) utilization controls or control, other than
26those established under the American Society of Addiction

 

 

SB2217- 366 -LRB100 13147 JWD 27539 b

1Medicine patient placement criteria, (2) prior authorization
2mandates consistent with the most current edition of the
3American Society of Addiction Medicine's National Practice
4Guideline for the Use of Medications in the Treatment of
5Addiction Involving Opioid Use, as now or hereafter revised, or
6any successor publication mandate, or (3) lifetime restriction
7limit mandate.
8    On or after July 1, 2017 2015, opioid antagonists
9prescribed for the treatment of an opioid overdose, including
10the medication product, administration devices, and any
11pharmacy fees related to the dispensing and administration of
12the opioid antagonist, shall be covered under the medical
13assistance program for persons who are otherwise eligible for
14medical assistance under this Article and may be subject to (1)
15utilization controls or (2) prior authorization mandates
16consistent with the most current edition of the American
17Society of Addiction Medicine's National Practice Guideline
18for the Use of Medications in the Treatment of Addiction
19Involving Opioid Use, as now or hereafter revised, or any
20successor publication. As used in this Section, "opioid
21antagonist" means a drug that binds to opioid receptors and
22blocks or inhibits the effect of opioids acting on those
23receptors, including, but not limited to, naloxone
24hydrochloride or any other similarly acting drug approved by
25the U.S. Food and Drug Administration.
26    Upon federal approval, the Department shall provide

 

 

SB2217- 367 -LRB100 13147 JWD 27539 b

1coverage and reimbursement for all drugs that are approved for
2marketing by the federal Food and Drug Administration and that
3are recommended by the federal Public Health Service or the
4United States Centers for Disease Control and Prevention for
5pre-exposure prophylaxis and related pre-exposure prophylaxis
6services, including, but not limited to, HIV and sexually
7transmitted infection screening, treatment for sexually
8transmitted infections, medical monitoring, assorted labs, and
9counseling to reduce the likelihood of HIV infection among
10individuals who are not infected with HIV but who are at high
11risk of HIV infection.
12(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
1398-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
148-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
15eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
1699-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section
1720 of P.A. 99-588 for the effective date of P.A. 99-407);
1899-433, eff. 8-21-15; 99-480, eff. 9-9-15; 99-588, eff.
197-20-16; 99-642, eff. 7-28-16; 99-772, eff. 1-1-17; 99-895,
20eff. 1-1-17; revised 9-20-16.)
 
21
ARTICLE 35. NON-STATE EMPLOYEE RETIREMENT CONTRIBUTIONS

 
22    Section 35-5. The State Employees Group Insurance Act of
231971 is amended by changing Sections 6.6 and 6.10 as follows:
 

 

 

SB2217- 368 -LRB100 13147 JWD 27539 b

1    (5 ILCS 375/6.6)
2    Sec. 6.6. Contributions to the Teacher Health Insurance
3Security Fund.
4    (a) Beginning July 1, 1995, all active contributors of the
5Teachers' Retirement System (established under Article 16 of
6the Illinois Pension Code) who are not employees of a
7department as defined in Section 3 of this Act shall make
8contributions toward the cost of annuitant and survivor health
9benefits. These contributions shall be at the following rates:
10until January 1, 2002, 0.5% of salary; beginning January 1,
112002, 0.65% of salary; beginning July 1, 2003, 0.75% of salary;
12beginning July 1, 2005, 0.80% of salary; beginning July 1,
132007, a percentage of salary to be determined by the Department
14of Central Management Services by rule, which in each fiscal
15year shall not exceed 105% of the percentage of salary actually
16required to be paid in the previous fiscal year.
17    These contributions shall be deducted by the employer and
18paid to the System as service agent for the Department of
19Central Management Services. The System may use the same
20processes for collecting the contributions required by this
21subsection that it uses to collect contributions received from
22school districts and other covered employers under Sections
2316-154 and 16-155 of the Illinois Pension Code.
24    An employer may agree to pick up or pay the contributions
25required under this subsection on behalf of the teacher; such
26contributions shall be deemed to have to have been paid by the

 

 

SB2217- 369 -LRB100 13147 JWD 27539 b

1teacher. Beginning January 1, 2002, if the employer does not
2directly pay the required member contribution, then the
3employer shall reduce the member's salary by an amount equal to
4the required contribution and shall then pay the contribution
5on behalf of the member. This reduction shall not change the
6amounts reported as creditable earnings to the Teachers'
7Retirement System.
8    A person who purchases optional service credit under
9Article 16 of the Illinois Pension Code for a period after June
1030, 1995 must also make a contribution under this subsection
11for that optional credit, at the rate provided in subsection
12(a), based on the salary used in computing the optional service
13credit, plus interest on this employee contribution. This
14contribution shall be collected by the System as service agent
15for the Department of Central Management Services. The
16contribution required under this subsection for the optional
17service credit must be paid in full before any annuity based on
18that credit begins.
19    (a-5) Beginning January 1, 2002, every employer of a
20teacher (other than an employer that is a department as defined
21in Section 3 of this Act) shall pay an employer contribution
22toward the cost of annuitant and survivor health benefits.
23These contributions shall be computed as follows:
24        (1) Beginning January 1, 2002 through June 30, 2003,
25    the employer contribution shall be equal to 0.4% of each
26    teacher's salary.

 

 

SB2217- 370 -LRB100 13147 JWD 27539 b

1        (2) Beginning July 1, 2003, the employer contribution
2    shall be equal to 0.5% of each teacher's salary.
3        (3) Beginning July 1, 2005, the employer contribution
4    shall be equal to 0.6% of each teacher's salary.
5        (4) Beginning July 1, 2007, the employer contribution
6    shall be a percentage of each teacher's salary to be
7    determined by the Department of Central Management
8    Services by rule, which in each fiscal year shall not
9    exceed 105% of the percentage of each teacher's salary
10    actually required to be paid in the previous fiscal year.
11    These contributions shall be paid by the employer to the
12System as service agent for the Department of Central
13Management Services. The System may use the same processes for
14collecting the contributions required by this subsection that
15it uses to collect contributions received from school districts
16and other covered employers under the Illinois Pension Code.
17    The school district or other employing unit may pay these
18employer contributions out of any source of funding available
19for that purpose and shall forward the contributions to the
20System on the schedule established for the payment of member
21contributions.
22    (b) The Teachers' Retirement System shall promptly deposit
23all moneys collected under subsections (a) and (a-5) of this
24Section into the Teacher Health Insurance Security Fund created
25in Section 6.5 of this Act. The moneys collected under this
26Section shall be used only for the purposes authorized in

 

 

SB2217- 371 -LRB100 13147 JWD 27539 b

1Section 6.5 of this Act and shall not be considered to be
2assets of the Teachers' Retirement System. Contributions made
3under this Section are not transferable to other pension funds
4or retirement systems and are not refundable upon termination
5of service.
6    (c) On or before November 15 of each year, the Board of
7Trustees of the Teachers' Retirement System shall certify to
8the Governor, the Director of Central Management Services, and
9the State Comptroller its estimate of the total amount of
10contributions to be paid under subsection (a) of this Section
116.6 for the next fiscal year. The amount certified shall be
12decreased or increased each year by the amount that the actual
13active teacher contributions either fell short of or exceeded
14the estimate used by the Board in making the certification for
15the previous fiscal year. The certification shall include a
16detailed explanation of the methods and information that the
17Board relied upon in preparing its estimate. As soon as
18possible after the effective date of this amendatory Act of the
1992nd General Assembly, the Board shall recalculate and
20recertify its certifications for fiscal years 2002 and 2003.
21    (d) Beginning in fiscal year 1996 and continuing through
22fiscal year 2017, on the first day of each month, or as soon
23thereafter as may be practical, the State Treasurer and the
24State Comptroller shall transfer from the General Revenue Fund
25to the Teacher Health Insurance Security Fund 1/12 of the
26annual amount appropriated for that fiscal year to the State

 

 

SB2217- 372 -LRB100 13147 JWD 27539 b

1Comptroller for deposit into the Teacher Health Insurance
2Security Fund under Section 1.3 of the State Pension Funds
3Continuing Appropriation Act.
4    (e) Except where otherwise specified in this Section, the
5definitions that apply to Article 16 of the Illinois Pension
6Code apply to this Section.
7    (f) (Blank).
8(Source: P.A. 92-505, eff. 12-20-01; 93-679, eff. 6-30-04.)
 
9    (5 ILCS 375/6.10)
10    Sec. 6.10. Contributions to the Community College Health
11Insurance Security Fund.
12    (a) Beginning January 1, 1999, every active contributor of
13the State Universities Retirement System (established under
14Article 15 of the Illinois Pension Code) who (1) is a full-time
15employee of a community college district (other than a
16community college district subject to Article VII of the Public
17Community College Act) or an association of community college
18boards and (2) is not an employee as defined in Section 3 of
19this Act shall make contributions toward the cost of community
20college annuitant and survivor health benefits at the rate of
210.50% of salary.
22    These contributions shall be deducted by the employer and
23paid to the State Universities Retirement System as service
24agent for the Department of Central Management Services. The
25System may use the same processes for collecting the

 

 

SB2217- 373 -LRB100 13147 JWD 27539 b

1contributions required by this subsection that it uses to
2collect the contributions received from those employees under
3Section 15-157 of the Illinois Pension Code. An employer may
4agree to pick up or pay the contributions required under this
5subsection on behalf of the employee; such contributions shall
6be deemed to have been paid by the employee.
7    The State Universities Retirement System shall promptly
8deposit all moneys collected under this subsection (a) into the
9Community College Health Insurance Security Fund created in
10Section 6.9 of this Act. The moneys collected under this
11Section shall be used only for the purposes authorized in
12Section 6.9 of this Act and shall not be considered to be
13assets of the State Universities Retirement System.
14Contributions made under this Section are not transferable to
15other pension funds or retirement systems and are not
16refundable upon termination of service.
17    (b) Beginning January 1, 1999, every community college
18district (other than a community college district subject to
19Article VII of the Public Community College Act) or association
20of community college boards that is an employer under the State
21Universities Retirement System shall contribute toward the
22cost of the community college health benefits provided under
23Section 6.9 of this Act an amount equal to 0.50% of the salary
24paid to its full-time employees who participate in the State
25Universities Retirement System and are not members as defined
26in Section 3 of this Act.

 

 

SB2217- 374 -LRB100 13147 JWD 27539 b

1    These contributions shall be paid by the employer to the
2State Universities Retirement System as service agent for the
3Department of Central Management Services. The System may use
4the same processes for collecting the contributions required by
5this subsection that it uses to collect the contributions
6received from those employers under Section 15-155 of the
7Illinois Pension Code.
8    The State Universities Retirement System shall promptly
9deposit all moneys collected under this subsection (b) into the
10Community College Health Insurance Security Fund created in
11Section 6.9 of this Act. The moneys collected under this
12Section shall be used only for the purposes authorized in
13Section 6.9 of this Act and shall not be considered to be
14assets of the State Universities Retirement System.
15Contributions made under this Section are not transferable to
16other pension funds or retirement systems and are not
17refundable upon termination of service.
18    The Department of Central Management Services, or any
19successor agency designated to procure healthcare contracts
20pursuant to this Act, is authorized to establish funds,
21separate accounts provided by any bank or banks as defined by
22the Illinois Banking Act, or separate accounts provided by any
23savings and loan association or associations as defined by the
24Illinois Savings and Loan Act of 1985 to be held by the
25Director, outside the State treasury, for the purpose of
26receiving the transfer of moneys from the Community College

 

 

SB2217- 375 -LRB100 13147 JWD 27539 b

1Health Insurance Security Fund. The Department may promulgate
2rules further defining the methodology for the transfers. Any
3interest earned by moneys in the funds or accounts shall inure
4to the Community College Health Insurance Security Fund. The
5transferred moneys, and interest accrued thereon, shall be used
6exclusively for transfers to administrative service
7organizations or their financial institutions for payments of
8claims to claimants and providers under the self-insurance
9health plan. The transferred moneys, and interest accrued
10thereon, shall not be used for any other purpose including, but
11not limited to, reimbursement of administration fees due the
12administrative service organization pursuant to its contract
13or contracts with the Department.
14    (c) On or before November 15 of each year, the Board of
15Trustees of the State Universities Retirement System shall
16certify to the Governor, the Director of Central Management
17Services, and the State Comptroller its estimate of the total
18amount of contributions to be paid under subsection (a) of this
19Section for the next fiscal year. Beginning in fiscal year
202008, the amount certified shall be decreased or increased each
21year by the amount that the actual active employee
22contributions either fell short of or exceeded the estimate
23used by the Board in making the certification for the previous
24fiscal year. The State Universities Retirement System shall
25calculate the amount of actual active employee contributions in
26fiscal years 1999 through 2005. Based upon this calculation,

 

 

SB2217- 376 -LRB100 13147 JWD 27539 b

1the fiscal year 2008 certification shall include an amount
2equal to the cumulative amount that the actual active employee
3contributions either fell short of or exceeded the estimate
4used by the Board in making the certification for those fiscal
5years. The certification shall include a detailed explanation
6of the methods and information that the Board relied upon in
7preparing its estimate. As soon as possible after the effective
8date of this Section, the Board shall submit its estimate for
9fiscal year 1999.
10    (d) Beginning in fiscal year 1999 and continuing through
11fiscal year 2017, on the first day of each month, or as soon
12thereafter as may be practical, the State Treasurer and the
13State Comptroller shall transfer from the General Revenue Fund
14to the Community College Health Insurance Security Fund 1/12 of
15the annual amount appropriated for that fiscal year to the
16State Comptroller for deposit into the Community College Health
17Insurance Security Fund under Section 1.4 of the State Pension
18Funds Continuing Appropriation Act.
19    (e) Except where otherwise specified in this Section, the
20definitions that apply to Article 15 of the Illinois Pension
21Code apply to this Section.
22(Source: P.A. 98-488, eff. 8-16-13.)
 
23    Section 35-10. The Illinois Pension Code is amended by
24changing Section 17-127 as follows:
 

 

 

SB2217- 377 -LRB100 13147 JWD 27539 b

1    (40 ILCS 5/17-127)  (from Ch. 108 1/2, par. 17-127)
2    Sec. 17-127. Financing; revenues for the Fund.
3    (a) The revenues for the Fund shall consist of: (1) amounts
4paid into the Fund by contributors thereto and from employer
5contributions and State appropriations in accordance with this
6Article; (2) amounts contributed to the Fund by an Employer;
7(3) amounts contributed to the Fund pursuant to any law now in
8force or hereafter to be enacted; (4) contributions from any
9other source; and (5) the earnings on investments.
10    (b) The General Assembly finds that for many years the
11State has contributed to the Fund an annual amount that is
12between 20% and 30% of the amount of the annual State
13contribution to the Article 16 retirement system, and the
14General Assembly declares that it is its goal and intention to
15continue this level of contribution to the Fund in the future.
16    Beginning in State fiscal year 1999, subject to
17appropriation, the State shall include in its annual
18contribution to the Fund an additional amount equal to 0.544%
19of the Fund's total teacher payroll; except that this
20additional contribution need not be made in a fiscal year if
21the Board has certified in the previous fiscal year that the
22Fund is at least 90% funded, based on actuarial determinations.
23These additional State contributions are intended to offset a
24portion of the cost to the Fund of the increases in retirement
25benefits resulting from this amendatory Act of 1998.
26(Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98;

 

 

SB2217- 378 -LRB100 13147 JWD 27539 b

190-582, eff. 5-27-98; 90-655, eff. 7-30-98.)
 
2    Section 35-15. The State Pension Funds Continuing
3Appropriation Act is amended by changing Sections 1.3 and 1.4
4as follows:
 
5    (40 ILCS 15/1.3)
6    Sec. 1.3. Appropriations for the Teacher Health Insurance
7Security Fund. Beginning in State fiscal year 1996 and
8continuing through fiscal year 2017, there is hereby
9appropriated, on a continuing annual basis, from the General
10Revenue Fund to the State Comptroller for deposit into the
11Teacher Health Insurance Security Fund, an amount equal to the
12amount certified by the Board of Trustees of the Teachers'
13Retirement System of Illinois under subsection (c) of Section
146.6 of the State Employees Group Insurance Act of 1971 as the
15estimated total amount of contributions to be paid under
16subsection (a) of that Section 6.6 in that fiscal year.
17    In addition to any other amounts that may be appropriated
18for this purpose, in State fiscal years 2005 through 2007,
19there is hereby appropriated, on a continuing annual basis,
20from the General Revenue Fund to the State Comptroller for
21deposit into the Teacher Health Insurance Security Fund, an
22amount equal to $13,000,000 in each fiscal year.
23    The moneys appropriated under this Section 1.3 shall be
24deposited into the Teacher Health Insurance Security Fund and

 

 

SB2217- 379 -LRB100 13147 JWD 27539 b

1used only for the purposes authorized in Section 6.5 of the
2State Employees Group Insurance Act of 1971.
3(Source: P.A. 93-679, eff. 6-30-04.)
 
4    (40 ILCS 15/1.4)
5    Sec. 1.4. Appropriations for the Community College Health
6Insurance Security Fund. Beginning in State fiscal year 1999
7and continuing through fiscal year 2017, there is hereby
8appropriated, on a continuing annual basis, from the General
9Revenue Fund to the State Comptroller for deposit into the
10Community College Health Insurance Security Fund, an amount
11equal to the amount certified by the Board of Trustees of the
12State Universities Retirement System under subsection (c) of
13Section 6.10 of the State Employees Group Insurance Act of 1971
14as the estimated total amount of contributions to be paid under
15subsection (a) of that Section 6.10 in that fiscal year. The
16moneys appropriated under this Section 1.4 shall be deposited
17into the Community College Health Insurance Security Fund and
18used only for the purposes authorized in Section 6.9 of the
19State Employees Group Insurance Act of 1971.
20(Source: P.A. 90-497, eff. 8-18-97.)
 
21
ARTICLE 40. ENERGY EFFICIENCY PORTFOLIO STANDARDS PROGRAM

 
22    Section 40-5. The Public Utilities Act is amended by
23changing Sections 8-103 and 8-104 as follows:
 

 

 

SB2217- 380 -LRB100 13147 JWD 27539 b

1    (220 ILCS 5/8-103)
2    Sec. 8-103. Energy efficiency and demand-response
3measures.
4    (a) It is the policy of the State that electric utilities
5are required to use cost-effective energy efficiency and
6demand-response measures to reduce delivery load. Requiring
7investment in cost-effective energy efficiency and
8demand-response measures will reduce direct and indirect costs
9to consumers by decreasing environmental impacts and by
10avoiding or delaying the need for new generation, transmission,
11and distribution infrastructure. It serves the public interest
12to allow electric utilities to recover costs for reasonably and
13prudently incurred expenses for energy efficiency and
14demand-response measures. As used in this Section,
15"cost-effective" means that the measures satisfy the total
16resource cost test. The low-income measures described in
17subsection (f)(4) of this Section shall not be required to meet
18the total resource cost test. For purposes of this Section, the
19terms "energy-efficiency", "demand-response", "electric
20utility", and "total resource cost test" shall have the
21meanings set forth in the Illinois Power Agency Act. For
22purposes of this Section, the amount per kilowatthour means the
23total amount paid for electric service expressed on a per
24kilowatthour basis. For purposes of this Section, the total
25amount paid for electric service includes without limitation

 

 

SB2217- 381 -LRB100 13147 JWD 27539 b

1estimated amounts paid for supply, transmission, distribution,
2surcharges, and add-on-taxes.
3    (a-5) This Section applies to electric utilities serving
4500,000 or less but more than 200,000 retail customers in this
5State. Through December 31, 2017, this Section also applies to
6electric utilities serving more than 500,000 retail customers
7in the State.
8    (b) Electric utilities shall implement cost-effective
9energy efficiency measures to meet the following incremental
10annual energy savings goals:
11        (1) 0.2% of energy delivered in the year commencing
12    June 1, 2008;
13        (2) 0.4% of energy delivered in the year commencing
14    June 1, 2009;
15        (3) 0.6% of energy delivered in the year commencing
16    June 1, 2010;
17        (4) 0.8% of energy delivered in the year commencing
18    June 1, 2011;
19        (5) 1% of energy delivered in the year commencing June
20    1, 2012;
21        (6) 1.4% of energy delivered in the year commencing
22    June 1, 2013;
23        (7) 1.8% of energy delivered in the year commencing
24    June 1, 2014; and
25        (8) 2% of energy delivered in the year commencing June
26    1, 2015 and each year thereafter.

 

 

SB2217- 382 -LRB100 13147 JWD 27539 b

1    Electric utilities may comply with this subsection (b) by
2meeting the annual incremental savings goal in the applicable
3year or by showing that the total cumulative annual savings
4within a 3-year planning period associated with measures
5implemented after May 31, 2014 was equal to the sum of each
6annual incremental savings requirement from May 31, 2014
7through the end of the applicable year.
8    (c) Electric utilities shall implement cost-effective
9demand-response measures to reduce peak demand by 0.1% over the
10prior year for eligible retail customers, as defined in Section
1116-111.5 of this Act, and for customers that elect hourly
12service from the utility pursuant to Section 16-107 of this
13Act, provided those customers have not been declared
14competitive. This requirement commences June 1, 2008 and
15continues for 10 years.
16    (d) Notwithstanding the requirements of subsections (b)
17and (c) of this Section, an electric utility shall reduce the
18amount of energy efficiency and demand-response measures
19implemented over a 3-year planning period by an amount
20necessary to limit the estimated average annual increase in the
21amounts paid by retail customers in connection with electric
22service due to the cost of those measures to:
23        (1) in 2008, no more than 0.5% of the amount paid per
24    kilowatthour by those customers during the year ending May
25    31, 2007;
26        (2) in 2009, the greater of an additional 0.5% of the

 

 

SB2217- 383 -LRB100 13147 JWD 27539 b

1    amount paid per kilowatthour by those customers during the
2    year ending May 31, 2008 or 1% of the amount paid per
3    kilowatthour by those customers during the year ending May
4    31, 2007;
5        (3) in 2010, the greater of an additional 0.5% of the
6    amount paid per kilowatthour by those customers during the
7    year ending May 31, 2009 or 1.5% of the amount paid per
8    kilowatthour by those customers during the year ending May
9    31, 2007;
10        (4) in 2011, the greater of an additional 0.5% of the
11    amount paid per kilowatthour by those customers during the
12    year ending May 31, 2010 or 2% of the amount paid per
13    kilowatthour by those customers during the year ending May
14    31, 2007; and
15        (5) thereafter, the amount of energy efficiency and
16    demand-response measures implemented for any single year
17    shall be reduced by an amount necessary to limit the
18    estimated average net increase due to the cost of these
19    measures included in the amounts paid by eligible retail
20    customers in connection with electric service to no more
21    than the greater of 2.015% of the amount paid per
22    kilowatthour by those customers during the year ending May
23    31, 2007 or the incremental amount per kilowatthour paid
24    for these measures in 2011.
25    No later than June 30, 2011, the Commission shall review
26the limitation on the amount of energy efficiency and

 

 

SB2217- 384 -LRB100 13147 JWD 27539 b

1demand-response measures implemented pursuant to this Section
2and report to the General Assembly its findings as to whether
3that limitation unduly constrains the procurement of energy
4efficiency and demand-response measures.
5    (e) Electric utilities shall be responsible for overseeing
6the design, development, and filing of energy efficiency and
7demand-response plans with the Commission. Electric utilities
8shall implement 100% of the demand-response measures in the
9plans. Electric utilities shall implement 75% of the energy
10efficiency measures approved by the Commission, and may, as
11part of that implementation, outsource various aspects of
12program development and implementation. The remaining 25% of
13those energy efficiency measures approved by the Commission
14shall be implemented by the Department of Commerce and Economic
15Opportunity, and must be designed in conjunction with the
16utility and the filing process. The Department may outsource
17development and implementation of energy efficiency measures.
18A minimum of 10% of the entire portfolio of cost-effective
19energy efficiency measures shall be procured from units of
20local government, municipal corporations, school districts,
21and community college districts. The Department shall
22coordinate the implementation of these measures.
23    The apportionment of the dollars to cover the costs to
24implement the Department's share of the portfolio of energy
25efficiency measures shall be made to the Department once the
26Department has executed rebate agreements, grants, or

 

 

SB2217- 385 -LRB100 13147 JWD 27539 b

1contracts for energy efficiency measures and provided
2supporting documentation for those rebate agreements, grants,
3and contracts to the utility. The Department is authorized to
4adopt any rules necessary and prescribe procedures in order to
5ensure compliance by applicants in carrying out the purposes of
6rebate agreements for energy efficiency measures implemented
7by the Department made under this Section.
8    The details of the measures implemented by the Department
9shall be submitted by the Department to the Commission in
10connection with the utility's filing regarding the energy
11efficiency and demand-response measures that the utility
12implements.
13    A utility providing approved energy efficiency and
14demand-response measures in the State shall be permitted to
15recover costs of those measures through an automatic adjustment
16clause tariff filed with and approved by the Commission. The
17tariff shall be established outside the context of a general
18rate case. Each year the Commission shall initiate a review to
19reconcile any amounts collected with the actual costs and to
20determine the required adjustment to the annual tariff factor
21to match annual expenditures.
22    Each utility shall include, in its recovery of costs, the
23costs estimated for both the utility's and the Department's
24implementation of energy efficiency and demand-response
25measures. Costs collected by the utility for measures
26implemented by the Department shall be submitted to the

 

 

SB2217- 386 -LRB100 13147 JWD 27539 b

1Department pursuant to Section 605-323 of the Civil
2Administrative Code of Illinois, shall be deposited into the
3Energy Efficiency Portfolio Standards Fund, and shall be used
4by the Department solely for the purpose of implementing these
5measures. A utility shall not be required to advance any moneys
6to the Department but only to forward such funds as it has
7collected. The Department shall report to the Commission on an
8annual basis regarding the costs actually incurred by the
9Department in the implementation of the measures. Any changes
10to the costs of energy efficiency measures as a result of plan
11modifications shall be appropriately reflected in amounts
12recovered by the utility and turned over to the Department.
13    The portfolio of measures, administered by both the
14utilities and the Department, shall, in combination, be
15designed to achieve the annual savings targets described in
16subsections (b) and (c) of this Section, as modified by
17subsection (d) of this Section.
18    The utility and the Department shall agree upon a
19reasonable portfolio of measures and determine the measurable
20corresponding percentage of the savings goals associated with
21measures implemented by the utility or Department.
22    No utility shall be assessed a penalty under subsection (f)
23of this Section for failure to make a timely filing if that
24failure is the result of a lack of agreement with the
25Department with respect to the allocation of responsibilities
26or related costs or target assignments. In that case, the

 

 

SB2217- 387 -LRB100 13147 JWD 27539 b

1Department and the utility shall file their respective plans
2with the Commission and the Commission shall determine an
3appropriate division of measures and programs that meets the
4requirements of this Section.
5    If the Department is unable to meet incremental annual
6performance goals for the portion of the portfolio implemented
7by the Department, then the utility and the Department shall
8jointly submit a modified filing to the Commission explaining
9the performance shortfall and recommending an appropriate
10course going forward, including any program modifications that
11may be appropriate in light of the evaluations conducted under
12item (7) of subsection (f) of this Section. In this case, the
13utility obligation to collect the Department's costs and turn
14over those funds to the Department under this subsection (e)
15shall continue only if the Commission approves the
16modifications to the plan proposed by the Department.
17    (f) No later than November 15, 2007, each electric utility
18shall file an energy efficiency and demand-response plan with
19the Commission to meet the energy efficiency and
20demand-response standards for 2008 through 2010. No later than
21October 1, 2010, each electric utility shall file an energy
22efficiency and demand-response plan with the Commission to meet
23the energy efficiency and demand-response standards for 2011
24through 2013. Every 3 years thereafter, each electric utility
25shall file, no later than September 1, an energy efficiency and
26demand-response plan with the Commission. If a utility does not

 

 

SB2217- 388 -LRB100 13147 JWD 27539 b

1file such a plan by September 1 of an applicable year, it shall
2face a penalty of $100,000 per day until the plan is filed.
3Each utility's plan shall set forth the utility's proposals to
4meet the utility's portion of the energy efficiency standards
5identified in subsection (b) and the demand-response standards
6identified in subsection (c) of this Section as modified by
7subsections (d) and (e), taking into account the unique
8circumstances of the utility's service territory. The
9Commission shall seek public comment on the utility's plan and
10shall issue an order approving or disapproving each plan within
115 months after its submission. If the Commission disapproves a
12plan, the Commission shall, within 30 days, describe in detail
13the reasons for the disapproval and describe a path by which
14the utility may file a revised draft of the plan to address the
15Commission's concerns satisfactorily. If the utility does not
16refile with the Commission within 60 days, the utility shall be
17subject to penalties at a rate of $100,000 per day until the
18plan is filed. This process shall continue, and penalties shall
19accrue, until the utility has successfully filed a portfolio of
20energy efficiency and demand-response measures. Penalties
21shall be deposited into the Energy Efficiency Trust Fund. In
22submitting proposed energy efficiency and demand-response
23plans and funding levels to meet the savings goals adopted by
24this Act the utility shall:
25        (1) Demonstrate that its proposed energy efficiency
26    and demand-response measures will achieve the requirements

 

 

SB2217- 389 -LRB100 13147 JWD 27539 b

1    that are identified in subsections (b) and (c) of this
2    Section, as modified by subsections (d) and (e).
3        (2) Present specific proposals to implement new
4    building and appliance standards that have been placed into
5    effect.
6        (3) Present estimates of the total amount paid for
7    electric service expressed on a per kilowatthour basis
8    associated with the proposed portfolio of measures
9    designed to meet the requirements that are identified in
10    subsections (b) and (c) of this Section, as modified by
11    subsections (d) and (e).
12        (4) Coordinate with the Department to present a
13    portfolio of energy efficiency measures proportionate to
14    the share of total annual utility revenues in Illinois from
15    households at or below 150% of the poverty level. The
16    energy efficiency programs shall be targeted to households
17    with incomes at or below 80% of area median income.
18        (5) Demonstrate that its overall portfolio of energy
19    efficiency and demand-response measures, not including
20    programs covered by item (4) of this subsection (f), are
21    cost-effective using the total resource cost test and
22    represent a diverse cross-section of opportunities for
23    customers of all rate classes to participate in the
24    programs.
25        (6) Include a proposed cost-recovery tariff mechanism
26    to fund the proposed energy efficiency and demand-response

 

 

SB2217- 390 -LRB100 13147 JWD 27539 b

1    measures and to ensure the recovery of the prudently and
2    reasonably incurred costs of Commission-approved programs.
3        (7) Provide for an annual independent evaluation of the
4    performance of the cost-effectiveness of the utility's
5    portfolio of measures and the Department's portfolio of
6    measures, as well as a full review of the 3-year results of
7    the broader net program impacts and, to the extent
8    practical, for adjustment of the measures on a
9    going-forward basis as a result of the evaluations. The
10    resources dedicated to evaluation shall not exceed 3% of
11    portfolio resources in any given year.
12    (g) No more than 3% of energy efficiency and
13demand-response program revenue may be allocated for
14demonstration of breakthrough equipment and devices.
15    (h) This Section does not apply to an electric utility that
16on December 31, 2005 provided electric service to fewer than
17100,000 customers in Illinois.
18    (i) If, after 2 years, an electric utility fails to meet
19the efficiency standard specified in subsection (b) of this
20Section, as modified by subsections (d) and (e), it shall make
21a contribution to the Low-Income Home Energy Assistance
22Program. The combined total liability for failure to meet the
23goal shall be $1,000,000, which shall be assessed as follows: a
24large electric utility shall pay $665,000, and a medium
25electric utility shall pay $335,000. If, after 3 years, an
26electric utility fails to meet the efficiency standard

 

 

SB2217- 391 -LRB100 13147 JWD 27539 b

1specified in subsection (b) of this Section, as modified by
2subsections (d) and (e), it shall make a contribution to the
3Low-Income Home Energy Assistance Program. The combined total
4liability for failure to meet the goal shall be $1,000,000,
5which shall be assessed as follows: a large electric utility
6shall pay $665,000, and a medium electric utility shall pay
7$335,000. In addition, the responsibility for implementing the
8energy efficiency measures of the utility making the payment
9shall be transferred to the Illinois Power Agency if, after 3
10years, or in any subsequent 3-year period, the utility fails to
11meet the efficiency standard specified in subsection (b) of
12this Section, as modified by subsections (d) and (e). The
13Agency shall implement a competitive procurement program to
14procure resources necessary to meet the standards specified in
15this Section as modified by subsections (d) and (e), with costs
16for those resources to be recovered in the same manner as
17products purchased through the procurement plan as provided in
18Section 16-111.5. The Director shall implement this
19requirement in connection with the procurement plan as provided
20in Section 16-111.5.
21    For purposes of this Section, (i) a "large electric
22utility" is an electric utility that, on December 31, 2005,
23served more than 2,000,000 electric customers in Illinois; (ii)
24a "medium electric utility" is an electric utility that, on
25December 31, 2005, served 2,000,000 or fewer but more than
26100,000 electric customers in Illinois; and (iii) Illinois

 

 

SB2217- 392 -LRB100 13147 JWD 27539 b

1electric utilities that are affiliated by virtue of a common
2parent company are considered a single electric utility.
3    (j) If, after 3 years, or any subsequent 3-year period, the
4Department fails to implement the Department's share of energy
5efficiency measures required by the standards in subsection
6(b), then the Illinois Power Agency may assume responsibility
7for and control of the Department's share of the required
8energy efficiency measures. The Agency shall implement a
9competitive procurement program to procure resources necessary
10to meet the standards specified in this Section, with the costs
11of these resources to be recovered in the same manner as
12provided for the Department in this Section.
13    (k) No electric utility shall be deemed to have failed to
14meet the energy efficiency standards to the extent any such
15failure is due to a failure of the Department or the Agency.
16    (l)(1) With the exception of the energy efficiency and
17demand-response plan previously filed by the Department, the
18The energy efficiency and demand-response plans of electric
19utilities serving more than 500,000 retail customers in the
20State that were approved by the Commission on or before the
21effective date of this amendatory Act of the 99th General
22Assembly for the period June 1, 2014 through May 31, 2017 shall
23continue to be in force and effect through December 31, 2017 so
24that the energy efficiency programs set forth in those plans
25continue to be offered during the period June 1, 2017 through
26December 31, 2017. Each such utility is authorized to increase,

 

 

SB2217- 393 -LRB100 13147 JWD 27539 b

1on a pro rata basis, the energy savings goals and budgets
2approved in its plan to reflect the additional 7 months of the
3plan's operation, provided that such increase shall also
4incorporate reductions to goals and budgets to reflect the
5proportion of the utility's load attributable to customers who
6are exempt from this Section under subsection (m) of this
7Section. The energy efficiency and demand-response plan filed
8by the Department that was approved by the Commission on or
9before the effective date of this amendatory Act of the 100th
10General Assembly for the period of June 1, 2014 through May 31,
112017 shall expire on May 31, 2017. From June 1, 2017 through
12December 31, 2017 the electric utilities shall be responsible
13for offering and administering the programs previously offered
14and administered by the Department.
15    (2) If an electric utility serving more than 500,000 retail
16customers in the State filed with the Commission, under
17subsection (f) of this Section, its proposed energy efficiency
18and demand-response plan for the period June 1, 2017 through
19May 31, 2020, and the Commission has not yet entered its final
20order approving such plan on or before the effective date of
21this amendatory Act of the 99th General Assembly, then the
22utility shall file a notice of withdrawal with the Commission,
23following such effective date, to withdraw the proposed energy
24efficiency and demand-response plan. Upon receipt of such
25notice, the Commission shall dismiss with prejudice any docket
26that had been initiated to investigate such plan, and the plan

 

 

SB2217- 394 -LRB100 13147 JWD 27539 b

1and the record related thereto shall not be the subject of any
2further hearing, investigation, or proceeding of any kind.
3    (3) For those electric utilities that serve more than
4500,000 retail customers in the State, this amendatory Act of
5the 99th General Assembly preempts and supersedes any orders
6entered by the Commission that approved such utilities' energy
7efficiency and demand response plans for the period commencing
8June 1, 2017 and ending May 31, 2020. Any such orders shall be
9void, and the provisions of paragraph (1) of this subsection
10(l) shall apply.
11    (m) Notwithstanding anything to the contrary, after May 31,
122017, this Section does not apply to any retail customers of an
13electric utility that serves more than 3,000,000 retail
14customers in the State and whose total highest 30 minute demand
15was more than 10,000 kilowatts, or any retail customers of an
16electric utility that serves less than 3,000,000 retail
17customers but more than 500,000 retail customers in the State
18and whose total highest 15 minute demand was more than 10,000
19kilowatts. For purposes of this subsection (m), "retail
20customer" has the meaning set forth in Section 16-102 of this
21Act. The criteria for determining whether this subsection (m)
22is applicable to a retail customer shall be based on the 12
23consecutive billing periods prior to the start of the first
24year of each such multi-year plan.
25(Source: P.A. 98-90, eff. 7-15-13; 99-906, eff. 6-1-17.)
 

 

 

SB2217- 395 -LRB100 13147 JWD 27539 b

1    (220 ILCS 5/8-104)
2    (Text of Section after amendment by P.A. 99-906)
3    Sec. 8-104. Natural gas energy efficiency programs.
4    (a) It is the policy of the State that natural gas
5utilities and the Department of Commerce and Economic
6Opportunity are required to use cost-effective energy
7efficiency to reduce direct and indirect costs to consumers. It
8serves the public interest to allow natural gas utilities to
9recover costs for reasonably and prudently incurred expenses
10for cost-effective energy efficiency measures.
11    (b) For purposes of this Section, "energy efficiency" means
12measures that reduce the amount of energy required to achieve a
13given end use. "Energy efficiency" also includes measures that
14reduce the total Btus of electricity and natural gas needed to
15meet the end use or uses. "Cost-effective" means that the
16measures satisfy the total resource cost test which, for
17purposes of this Section, means a standard that is met if, for
18an investment in energy efficiency, the benefit-cost ratio is
19greater than one. The benefit-cost ratio is the ratio of the
20net present value of the total benefits of the measures to the
21net present value of the total costs as calculated over the
22lifetime of the measures. The total resource cost test compares
23the sum of avoided natural gas utility costs, representing the
24benefits that accrue to the system and the participant in the
25delivery of those efficiency measures, as well as other
26quantifiable societal benefits, including avoided electric

 

 

SB2217- 396 -LRB100 13147 JWD 27539 b

1utility costs, to the sum of all incremental costs of end use
2measures (including both utility and participant
3contributions), plus costs to administer, deliver, and
4evaluate each demand-side measure, to quantify the net savings
5obtained by substituting demand-side measures for supply
6resources. In calculating avoided costs, reasonable estimates
7shall be included for financial costs likely to be imposed by
8future regulation of emissions of greenhouse gases. The
9low-income programs described in item (4) of subsection (f) of
10this Section shall not be required to meet the total resource
11cost test.
12    (c) Natural gas utilities shall implement cost-effective
13energy efficiency measures to meet at least the following
14natural gas savings requirements, which shall be based upon the
15total amount of gas delivered to retail customers, other than
16the customers described in subsection (m) of this Section,
17during calendar year 2009 multiplied by the applicable
18percentage. Natural gas utilities may comply with this Section
19by meeting the annual incremental savings goal in the
20applicable year or by showing that total cumulative annual
21savings within a multi-year planning period associated with
22measures implemented after May 31, 2011 were equal to the sum
23of each annual incremental savings requirement from the first
24day of the multi-year planning period through the last day of
25the multi-year planning period:
26        (1) 0.2% by May 31, 2012;

 

 

SB2217- 397 -LRB100 13147 JWD 27539 b

1        (2) an additional 0.4% by May 31, 2013, increasing
2    total savings to .6%;
3        (3) an additional 0.6% by May 31, 2014, increasing
4    total savings to 1.2%;
5        (4) an additional 0.8% by May 31, 2015, increasing
6    total savings to 2.0%;
7        (5) an additional 1% by May 31, 2016, increasing total
8    savings to 3.0%;
9        (6) an additional 1.2% by May 31, 2017, increasing
10    total savings to 4.2%;
11        (7) an additional 1.4% in the year commencing January
12    1, 2018;
13        (8) an additional 1.5% in the year commencing January
14    1, 2019; and
15        (9) an additional 1.5% in each 12-month period
16    thereafter.
17    (d) Notwithstanding the requirements of subsection (c) of
18this Section, a natural gas utility shall limit the amount of
19energy efficiency implemented in any multi-year reporting
20period established by subsection (f) of Section 8-104 of this
21Act, by an amount necessary to limit the estimated average
22increase in the amounts paid by retail customers in connection
23with natural gas service to no more than 2% in the applicable
24multi-year reporting period. The energy savings requirements
25in subsection (c) of this Section may be reduced by the
26Commission for the subject plan, if the utility demonstrates by

 

 

SB2217- 398 -LRB100 13147 JWD 27539 b

1substantial evidence that it is highly unlikely that the
2requirements could be achieved without exceeding the
3applicable spending limits in any multi-year reporting period.
4No later than September 1, 2013, the Commission shall review
5the limitation on the amount of energy efficiency measures
6implemented pursuant to this Section and report to the General
7Assembly, in the report required by subsection (k) of this
8Section, its findings as to whether that limitation unduly
9constrains the procurement of energy efficiency measures.
10    (e) The provisions of this subsection (e) apply to those
11multi-year plans that commence prior to January 1, 2018. The
12utility shall utilize 75% of the available funding associated
13with energy efficiency programs approved by the Commission, and
14may outsource various aspects of program development and
15implementation. The remaining 25% of available funding shall be
16used by the Department of Commerce and Economic Opportunity to
17implement energy efficiency measures that achieve no less than
1820% of the requirements of subsection (c) of this Section. Such
19measures shall be designed in conjunction with the utility and
20approved by the Commission. The Department may outsource
21development and implementation of energy efficiency measures.
22A minimum of 10% of the entire portfolio of cost-effective
23energy efficiency measures shall be procured from local
24government, municipal corporations, school districts, and
25community college districts. Five percent of the entire
26portfolio of cost-effective energy efficiency measures may be

 

 

SB2217- 399 -LRB100 13147 JWD 27539 b

1granted to local government and municipal corporations for
2market transformation initiatives. The Department shall
3coordinate the implementation of these measures and shall
4integrate delivery of natural gas efficiency programs with
5electric efficiency programs delivered pursuant to Section
68-103 of this Act, unless the Department can show that
7integration is not feasible.
8    The apportionment of the dollars to cover the costs to
9implement the Department's share of the portfolio of energy
10efficiency measures shall be made to the Department once the
11Department has executed rebate agreements, grants, or
12contracts for energy efficiency measures and provided
13supporting documentation for those rebate agreements, grants,
14and contracts to the utility. The Department is authorized to
15adopt any rules necessary and prescribe procedures in order to
16ensure compliance by applicants in carrying out the purposes of
17rebate agreements for energy efficiency measures implemented
18by the Department made under this Section.
19    The details of the measures implemented by the Department
20shall be submitted by the Department to the Commission in
21connection with the utility's filing regarding the energy
22efficiency measures that the utility implements.
23    The portfolio of measures, administered by both the
24utilities and the Department, shall, in combination, be
25designed to achieve the annual energy savings requirements set
26forth in subsection (c) of this Section, as modified by

 

 

SB2217- 400 -LRB100 13147 JWD 27539 b

1subsection (d) of this Section.
2    The utility and the Department shall agree upon a
3reasonable portfolio of measures and determine the measurable
4corresponding percentage of the savings goals associated with
5measures implemented by the Department.
6    No utility shall be assessed a penalty under subsection (f)
7of this Section for failure to make a timely filing if that
8failure is the result of a lack of agreement with the
9Department with respect to the allocation of responsibilities
10or related costs or target assignments. In that case, the
11Department and the utility shall file their respective plans
12with the Commission and the Commission shall determine an
13appropriate division of measures and programs that meets the
14requirements of this Section.
15    (e-5) The provisions of this subsection (e-5) shall be
16applicable to those multi-year plans that commence after
17December 31, 2017. Natural gas utilities shall be responsible
18for overseeing the design, development, and filing of their
19efficiency plans with the Commission and may outsource
20development and implementation of energy efficiency measures.
21A minimum of 10% of the entire portfolio of cost-effective
22energy efficiency measures shall be procured from local
23government, municipal corporations, school districts, and
24community college districts. Five percent of the entire
25portfolio of cost-effective energy efficiency measures may be
26granted to local government and municipal corporations for

 

 

SB2217- 401 -LRB100 13147 JWD 27539 b

1market transformation initiatives.
2    The utilities shall also present a portfolio of energy
3efficiency measures proportionate to the share of total annual
4utility revenues in Illinois from households at or below 150%
5of the poverty level. Such programs shall be targeted to
6households with incomes at or below 80% of area median income.
7    (e-10) A utility providing approved energy efficiency
8measures in this State shall be permitted to recover costs of
9those measures through an automatic adjustment clause tariff
10filed with and approved by the Commission. The tariff shall be
11established outside the context of a general rate case and
12shall be applicable to the utility's customers other than the
13customers described in subsection (m) of this Section. Each
14year the Commission shall initiate a review to reconcile any
15amounts collected with the actual costs and to determine the
16required adjustment to the annual tariff factor to match annual
17expenditures.
18    (e-15) For those multi-year plans that commence prior to
19January 1, 2018, each utility shall include, in its recovery of
20costs, the costs estimated for both the utility's and the
21Department's implementation of energy efficiency measures.
22Costs collected by the utility for measures implemented by the
23Department shall be submitted to the Department pursuant to
24Section 605-323 of the Civil Administrative Code of Illinois,
25shall be deposited into the Energy Efficiency Portfolio
26Standards Fund, and shall be used by the Department solely for

 

 

SB2217- 402 -LRB100 13147 JWD 27539 b

1the purpose of implementing these measures. A utility shall not
2be required to advance any moneys to the Department but only to
3forward such funds as it has collected. The Department shall
4report to the Commission on an annual basis regarding the costs
5actually incurred by the Department in the implementation of
6the measures. Any changes to the costs of energy efficiency
7measures as a result of plan modifications shall be
8appropriately reflected in amounts recovered by the utility and
9turned over to the Department.
10    (f) No later than October 1, 2010, each gas utility shall
11file an energy efficiency plan with the Commission to meet the
12energy efficiency standards through May 31, 2014. No later than
13October 1, 2013, each gas utility shall file an energy
14efficiency plan with the Commission to meet the energy
15efficiency standards through May 31, 2017. Beginning in 2017
16and every 4 years thereafter, each utility shall file an energy
17efficiency plan with the Commission to meet the energy
18efficiency standards for the next applicable 4-year period
19beginning January 1 of the year following the filing. For those
20multi-year plans commencing on January 1, 2018, each utility
21shall file its proposed energy efficiency plan no later than 30
22days after the effective date of this amendatory Act of the
2399th General Assembly or May 1, 2017, whichever is later.
24Beginning in 2021 and every 4 years thereafter, each utility
25shall file its energy efficiency plan no later than March 1. If
26a utility does not file such a plan on or before the applicable

 

 

SB2217- 403 -LRB100 13147 JWD 27539 b

1filing deadline for the plan, then it shall face a penalty of
2$100,000 per day until the plan is filed.
3    Each utility's plan shall set forth the utility's proposals
4to meet the utility's portion of the energy efficiency
5standards identified in subsection (c) of this Section, as
6modified by subsection (d) of this Section, taking into account
7the unique circumstances of the utility's service territory.
8For those plans commencing after December 31, 2021, the
9Commission shall seek public comment on the utility's plan and
10shall issue an order approving or disapproving each plan within
116 months after its submission. For those plans commencing on
12January 1, 2018, the Commission shall seek public comment on
13the utility's plan and shall issue an order approving or
14disapproving each plan no later than August 31, 2017, or 105
15days after the effective date of this amendatory Act of the
1699th General Assembly, whichever is later. If the Commission
17disapproves a plan, the Commission shall, within 30 days,
18describe in detail the reasons for the disapproval and describe
19a path by which the utility may file a revised draft of the
20plan to address the Commission's concerns satisfactorily. If
21the utility does not refile with the Commission within 60 days
22after the disapproval, the utility shall be subject to
23penalties at a rate of $100,000 per day until the plan is
24filed. This process shall continue, and penalties shall accrue,
25until the utility has successfully filed a portfolio of energy
26efficiency measures. Penalties shall be deposited into the

 

 

SB2217- 404 -LRB100 13147 JWD 27539 b

1Energy Efficiency Trust Fund and the cost of any such penalties
2may not be recovered from ratepayers. In submitting proposed
3energy efficiency plans and funding levels to meet the savings
4goals adopted by this Act the utility shall:
5        (1) Demonstrate that its proposed energy efficiency
6    measures will achieve the requirements that are identified
7    in subsection (c) of this Section, as modified by
8    subsection (d) of this Section.
9        (2) Present specific proposals to implement new
10    building and appliance standards that have been placed into
11    effect.
12        (3) Present estimates of the total amount paid for gas
13    service expressed on a per therm basis associated with the
14    proposed portfolio of measures designed to meet the
15    requirements that are identified in subsection (c) of this
16    Section, as modified by subsection (d) of this Section.
17        (4) For those multi-year plans that commence prior to
18    January 1, 2018, coordinate with the Department to present
19    a portfolio of energy efficiency measures proportionate to
20    the share of total annual utility revenues in Illinois from
21    households at or below 150% of the poverty level. Such
22    programs shall be targeted to households with incomes at or
23    below 80% of area median income.
24        (5) Demonstrate that its overall portfolio of energy
25    efficiency measures, not including low-income programs
26    described in item (4) of this subsection (f) and subsection

 

 

SB2217- 405 -LRB100 13147 JWD 27539 b

1    (e-5) of this Section, are cost-effective using the total
2    resource cost test and represent a diverse cross section of
3    opportunities for customers of all rate classes to
4    participate in the programs.
5        (6) Demonstrate that a gas utility affiliated with an
6    electric utility that is required to comply with Section
7    8-103 or 8-103B of this Act has integrated gas and electric
8    efficiency measures into a single program that reduces
9    program or participant costs and appropriately allocates
10    costs to gas and electric ratepayers. For those multi-year
11    plans that commence prior to January 1, 2018, the
12    Department shall integrate all gas and electric programs it
13    delivers in any such utilities' service territories,
14    unless the Department can show that integration is not
15    feasible or appropriate.
16        (7) Include a proposed cost recovery tariff mechanism
17    to fund the proposed energy efficiency measures and to
18    ensure the recovery of the prudently and reasonably
19    incurred costs of Commission-approved programs.
20        (8) Provide for quarterly status reports tracking
21    implementation of and expenditures for the utility's
22    portfolio of measures and, if applicable, the Department's
23    portfolio of measures, an annual independent review, and a
24    full independent evaluation of the multi-year results of
25    the performance and the cost-effectiveness of the
26    utility's and, if applicable, Department's portfolios of

 

 

SB2217- 406 -LRB100 13147 JWD 27539 b

1    measures and broader net program impacts and, to the extent
2    practical, for adjustment of the measures on a going
3    forward basis as a result of the evaluations. The resources
4    dedicated to evaluation shall not exceed 3% of portfolio
5    resources in any given multi-year period.
6    (g) No more than 3% of expenditures on energy efficiency
7measures may be allocated for demonstration of breakthrough
8equipment and devices.
9    (h) Illinois natural gas utilities that are affiliated by
10virtue of a common parent company may, at the utilities'
11request, be considered a single natural gas utility for
12purposes of complying with this Section.
13    (i) If, after 3 years, a gas utility fails to meet the
14efficiency standard specified in subsection (c) of this Section
15as modified by subsection (d), then it shall make a
16contribution to the Low-Income Home Energy Assistance Program.
17The total liability for failure to meet the goal shall be
18assessed as follows:
19        (1) a large gas utility shall pay $600,000;
20        (2) a medium gas utility shall pay $400,000; and
21        (3) a small gas utility shall pay $200,000.
22    For purposes of this Section, (i) a "large gas utility" is
23a gas utility that on December 31, 2008, served more than
241,500,000 gas customers in Illinois; (ii) a "medium gas
25utility" is a gas utility that on December 31, 2008, served
26fewer than 1,500,000, but more than 500,000 gas customers in

 

 

SB2217- 407 -LRB100 13147 JWD 27539 b

1Illinois; and (iii) a "small gas utility" is a gas utility that
2on December 31, 2008, served fewer than 500,000 and more than
3100,000 gas customers in Illinois. The costs of this
4contribution may not be recovered from ratepayers.
5    If a gas utility fails to meet the efficiency standard
6specified in subsection (c) of this Section, as modified by
7subsection (d) of this Section, in any 2 consecutive multi-year
8planning periods, then the responsibility for implementing the
9utility's energy efficiency measures shall be transferred to an
10independent program administrator selected by the Commission.
11Reasonable and prudent costs incurred by the independent
12program administrator to meet the efficiency standard
13specified in subsection (c) of this Section, as modified by
14subsection (d) of this Section, may be recovered from the
15customers of the affected gas utilities, other than customers
16described in subsection (m) of this Section. The utility shall
17provide the independent program administrator with all
18information and assistance necessary to perform the program
19administrator's duties including but not limited to customer,
20account, and energy usage data, and shall allow the program
21administrator to include inserts in customer bills. The utility
22may recover reasonable costs associated with any such
23assistance.
24    (j) No utility shall be deemed to have failed to meet the
25energy efficiency standards to the extent any such failure is
26due to a failure of the Department.

 

 

SB2217- 408 -LRB100 13147 JWD 27539 b

1    (k) Not later than January 1, 2012, the Commission shall
2develop and solicit public comment on a plan to foster
3statewide coordination and consistency between statutorily
4mandated natural gas and electric energy efficiency programs to
5reduce program or participant costs or to improve program
6performance. Not later than September 1, 2013, the Commission
7shall issue a report to the General Assembly containing its
8findings and recommendations.
9    (l) This Section does not apply to a gas utility that on
10January 1, 2009, provided gas service to fewer than 100,000
11customers in Illinois.
12    (m) Subsections (a) through (k) of this Section do not
13apply to customers of a natural gas utility that have a North
14American Industry Classification System code number that is
1522111 or any such code number beginning with the digits 31, 32,
16or 33 and (i) annual usage in the aggregate of 4 million therms
17or more within the service territory of the affected gas
18utility or with aggregate usage of 8 million therms or more in
19this State and complying with the provisions of item (l) of
20this subsection (m); or (ii) using natural gas as feedstock and
21meeting the usage requirements described in item (i) of this
22subsection (m), to the extent such annual feedstock usage is
23greater than 60% of the customer's total annual usage of
24natural gas.
25        (1) Customers described in this subsection (m) of this
26    Section shall apply, on a form approved by the applicable

 

 

SB2217- 409 -LRB100 13147 JWD 27539 b

1    natural gas utility on or before October 1, 2009 by the
2    Department, to the applicable natural gas utility
3    Department to be designated as a self-directing customer
4    ("SDC") or as an exempt customer using natural gas as a
5    feedstock from which other products are made, including,
6    but not limited to, feedstock for a hydrogen plant, on or
7    before December 31, 2017 the 1st day of February, 2010.
8    Thereafter, application may be made not less than 6 months
9    before the filing date of the gas utility energy efficiency
10    plan described in subsection (f) of this Section; however,
11    a new customer that commences taking service from a natural
12    gas utility after December 31, 2017 February 1, 2010 may
13    apply to become a SDC or exempt customer up to 30 days
14    after beginning service. Customers described in this
15    subsection (m) that were not previously have not already
16    been approved by the Department may apply to be designated
17    a self-directing customer or exempt customer, on a form
18    approved by the applicable natural gas utility prior to
19    December 31, 2017 Department, between September 1, 2013 and
20    September 30, 2013. Customer applications that are
21    approved by the Department under this amendatory Act of the
22    98th General Assembly shall be considered to be a
23    self-directing customer or exempt customer, as applicable,
24    for the current 3-year planning period effective December
25    1, 2013. Such application shall contain the following:
26            (A) the customer's certification that, at the time

 

 

SB2217- 410 -LRB100 13147 JWD 27539 b

1        of its application, it qualifies to be a SDC or exempt
2        customer described in this subsection (m) of this
3        Section;
4            (B) in the case of a SDC, the customer's
5        certification that it has established or will
6        establish by the beginning of the utility's multi-year
7        planning period commencing subsequent to the
8        application, and will maintain for accounting
9        purposes, an energy efficiency reserve account and
10        that the customer will accrue funds in said account to
11        be held for the purpose of funding, in whole or in
12        part, energy efficiency measures of the customer's
13        choosing, which may include, but are not limited to,
14        projects involving combined heat and power systems
15        that use the same energy source both for the generation
16        of electrical or mechanical power and the production of
17        steam or another form of useful thermal energy or the
18        use of combustible gas produced from biomass, or both;
19            (C) in the case of a SDC, the customer's
20        certification that annual funding levels for the
21        energy efficiency reserve account will be equal to 2%
22        of the customer's cost of natural gas, composed of the
23        customer's commodity cost and the delivery service
24        charges paid to the gas utility, or $150,000, whichever
25        is less;
26            (D) in the case of a SDC, the customer's

 

 

SB2217- 411 -LRB100 13147 JWD 27539 b

1        certification that the required reserve account
2        balance will be capped at 3 years' worth of accruals
3        and that the customer may, at its option, make further
4        deposits to the account to the extent such deposit
5        would increase the reserve account balance above the
6        designated cap level;
7            (E) in the case of a SDC, the customer's
8        certification that by October 1 of each year, beginning
9        no sooner than October 1, 2012, the customer will
10        report to the applicable natural gas utility
11        Department information, for the 12-month period ending
12        May 31 of the same year, on all deposits and
13        reductions, if any, to the reserve account during the
14        reporting year, and to the extent deposits to the
15        reserve account in any year are in an amount less than
16        $150,000, the basis for such reduced deposits; reserve
17        account balances by month; a description of energy
18        efficiency measures undertaken by the customer and
19        paid for in whole or in part with funds from the
20        reserve account; an estimate of the energy saved, or to
21        be saved, by the measure; and that the report shall
22        include a verification by an officer or plant manager
23        of the customer or by a registered professional
24        engineer or certified energy efficiency trade
25        professional that the funds withdrawn from the reserve
26        account were used for the energy efficiency measures;

 

 

SB2217- 412 -LRB100 13147 JWD 27539 b

1            (F) in the case of an exempt customer, the
2        customer's certification of the level of gas usage as
3        feedstock in the customer's operation in a typical year
4        and that it will provide information establishing this
5        level, upon request of the applicable natural gas
6        utility Department;
7            (G) in the case of either an exempt customer or a
8        SDC, the customer's certification that it has provided
9        the gas utility or utilities serving the customer with
10        a copy of the application as filed with the applicable
11        natural gas utility Department;
12            (H) in the case of either an exempt customer or a
13        SDC, certification of the natural gas utility or
14        utilities serving the customer in Illinois including
15        the natural gas utility accounts that are the subject
16        of the application; and
17            (I) in the case of either an exempt customer or a
18        SDC, a verification signed by a plant manager or an
19        authorized corporate officer attesting to the
20        truthfulness and accuracy of the information contained
21        in the application.
22        (2) The applicable natural gas utility Department
23    shall review the application to determine that it contains
24    the information described in provisions (A) through (I) of
25    item (1) of this subsection (m), as applicable. The review
26    shall be completed within 30 days after the date the

 

 

SB2217- 413 -LRB100 13147 JWD 27539 b

1    application is filed with the applicable natural gas
2    utility Department. Absent a determination by the
3    applicable natural gas utility Department within the
4    30-day period, the applicant shall be considered to be a
5    SDC or exempt customer, as applicable, for all subsequent
6    multi-year planning periods, as of the date of filing the
7    application described in this subsection (m). If the
8    applicable natural gas utility Department determines that
9    the application does not contain the applicable
10    information described in provisions (A) through (I) of item
11    (1) of this subsection (m), it shall notify the customer,
12    in writing, of its determination that the application does
13    not contain the required information and identify the
14    information that is missing, and the customer shall provide
15    the missing information within 15 working days after the
16    date of receipt of the applicable natural gas utility's
17    Department's notification.
18        (3) The applicable natural gas utility Department
19    shall have the right to audit the information provided in
20    the customer's application and annual reports to ensure
21    continued compliance with the requirements of this
22    subsection. Based on the audit, if the applicable natural
23    gas utility Department determines the customer is no longer
24    in compliance with the requirements of items (A) through
25    (I) of item (1) of this subsection (m), as applicable, the
26    applicable natural gas utility Department shall notify the

 

 

SB2217- 414 -LRB100 13147 JWD 27539 b

1    customer in writing of the noncompliance. The customer
2    shall have 30 days to establish its compliance, and failing
3    to do so, may have its status as a SDC or exempt customer
4    revoked by the applicable natural gas utility Department.
5    The applicable natural gas utility Department shall treat
6    all information provided by any customer seeking SDC status
7    or exemption from the provisions of this Section as
8    strictly confidential.
9        (4) Upon request, or on its own motion, the Commission
10    may open an investigation, no more than once every 3 years
11    and not before October 1, 2014, to evaluate the
12    effectiveness of the self-directing program described in
13    this subsection (m).
14    Customers described in this subsection (m) that previously
15applied to the Department on January 3, 2013, were approved by
16the Department on February 13, 2013 to be a self-directing
17customer or exempt customer, and receive natural gas from a
18utility that provides gas service to at least 500,000 retail
19customers in Illinois and electric service to at least
201,000,000 retail customers in Illinois shall be considered to
21be a self-directing customer or exempt customer, as applicable,
22for the current 3-year planning period effective December 1,
232013.
24    (n) The applicability of this Section to customers
25described in subsection (m) of this Section is conditioned on
26the existence of the SDC program. In no event will any

 

 

SB2217- 415 -LRB100 13147 JWD 27539 b

1provision of this Section apply to such customers after January
21, 2020.
3    (o) With the exception of the 3-year energy efficiency plan
4filed by the Department, the natural gas utilities' Utilities'
53-year energy efficiency plans approved by the Commission on or
6before the effective date of this amendatory Act of the 99th
7General Assembly for the period June 1, 2014 through May 31,
82017 shall continue to be in force and effect through December
931, 2017 so that the energy efficiency programs set forth in
10those plans continue to be offered during the period June 1,
112017 through December 31, 2017. Each utility is authorized to
12increase, on a pro rata basis, the energy savings goals and
13budgets approved in its plan to reflect the additional 7 months
14of the plan's operation. The energy efficiency plan filed by
15the Department that was approved by the Commission on or before
16the effective date of this amendatory Act of the 100th General
17Assembly for the period of June 1, 2014 through May 31, 2017
18shall expire on May 31, 2017. From June 1, 2017 through
19December 31, 2017 the natural gas utilities shall be
20responsible for offering and administering the programs
21previously offered and administered by the Department.
22(Source: P.A. 98-90, eff. 7-15-13; 98-225, eff. 8-9-13; 98-604,
23eff. 12-17-13; 99-906, eff. 6-1-17.)
 
24
ARTICLE 45. LOCAL GOVERNMENT DISTRIBUTIVE FUND

 

 

 

SB2217- 416 -LRB100 13147 JWD 27539 b

1    Section 45-10. The State Revenue Sharing Act is amended by
2changing Section 1 as follows:
 
3    (30 ILCS 115/1)  (from Ch. 85, par. 611)
4    Sec. 1. Local Government Distributive Fund. Through June
530, 1994, as soon as may be after the first day of each month
6the Department of Revenue shall certify to the Treasurer an
7amount equal to 1/12 of the net revenue realized from the tax
8imposed by subsections (a) and (b) of Section 201 of the
9Illinois Income Tax Act during the preceding month. Beginning
10July 1, 1994, and continuing through June 30, 1995, as soon as
11may be after the first day of each month, the Department of
12Revenue shall certify to the Treasurer an amount equal to 1/11
13of the net revenue realized from the tax imposed by subsections
14(a) and (b) of Section 201 of the Illinois Income Tax Act
15during the preceding month. Beginning July 1, 1995 and
16continuing through June 30, 2017, as soon as may be after the
17first day of each month, the Department of Revenue shall
18certify to the Treasurer an amount equal to the amounts
19calculated pursuant to subsection (b) of Section 901 of the
20Illinois Income Tax Act based on the net revenue realized from
21the tax imposed by subsections (a) and (b) of Section 201 of
22the Illinois Income Tax Act during the preceding month. Net
23revenue realized for a month shall be defined as the revenue
24from the tax imposed by subsections (a) and (b) of Section 201
25of the Illinois Income Tax Act which is deposited in the

 

 

SB2217- 417 -LRB100 13147 JWD 27539 b

1General Revenue Fund, the Education Assistance Fund and the
2Income Tax Surcharge Local Government Distributive Fund during
3the month minus the amount paid out of the General Revenue Fund
4in State warrants during that same month as refunds to
5taxpayers for overpayment of liability under the tax imposed by
6subsections (a) and (b) of Section 201 of the Illinois Income
7Tax Act. Upon receipt of such certification, the Treasurer
8shall transfer from the General Revenue Fund to a special fund
9in the State treasury, to be known as the "Local Government
10Distributive Fund", the amount shown on such certification.
11    Beginning on the effective date of this amendatory Act of
12the 98th General Assembly, the Comptroller shall perform the
13transfers required by this Section no later than 60 days after
14he or she receives the certification from the Treasurer.
15    All amounts paid into the Local Government Distributive
16Fund in accordance with this Section and allocated pursuant to
17this Act are appropriated on a continuing basis.
18(Source: P.A. 98-1052, eff. 8-26-14.)
 
19
ARTICLE 50. TAX COMPLIANCE AND ADMINISTRATION FUND

 
20    Section 50-5. The Department of Revenue Law of the Civil
21Administrative Code of Illinois is amended by changing Section
222505-190 as follows:
 
23    (20 ILCS 2505/2505-190)  (was 20 ILCS 2505/39c-4)

 

 

SB2217- 418 -LRB100 13147 JWD 27539 b

1    Sec. 2505-190. Tax Compliance and Administration Fund.
2    (a) Amounts deposited into the Tax Compliance and
3Administration Fund, a special fund in the State treasury that
4is hereby created, must be appropriated to the Department to
5reimburse the Department for its costs of collecting,
6administering, and enforcing the tax laws that provide for
7deposits into the Fund. Moneys in the Fund shall consist of
8deposits provided for in tax laws, reimbursements, or other
9payments received from units of local government for
10administering a local tax or fee on behalf of the unit of local
11government in accordance with the Local Tax Collection Act, or
12other payments designated for deposit into the Fund.
13    (b) As soon as possible after July 1, 2015, and as soon as
14possible after each July 1 thereafter through July 1, 2016, the
15Director of the Department of Revenue shall certify the balance
16in the Tax Compliance and Administration Fund as of July 1,
17less any amounts obligated, and the State Comptroller shall
18order transferred and the State Treasurer shall transfer from
19the Tax Compliance and Administration Fund to the General
20Revenue Fund the amount certified that exceeds $2,500,000.
21(Source: P.A. 98-1098, eff. 8-26-14; 99-517, eff. 6-30-16.)
 
22    Section 50-10. The State Finance Act is amended by changing
23Section 6z-20 as follows:
 
24    (30 ILCS 105/6z-20)  (from Ch. 127, par. 142z-20)

 

 

SB2217- 419 -LRB100 13147 JWD 27539 b

1    Sec. 6z-20. County and Mass Transit District Fund. Of the
2money received from the 6.25% general rate (and, beginning July
31, 2000 and through December 31, 2000, the 1.25% rate on motor
4fuel and gasohol, and beginning on August 6, 2010 through
5August 15, 2010, the 1.25% rate on sales tax holiday items) on
6sales subject to taxation under the Retailers' Occupation Tax
7Act and Service Occupation Tax Act and paid into the County and
8Mass Transit District Fund, distribution to the Regional
9Transportation Authority tax fund, created pursuant to Section
104.03 of the Regional Transportation Authority Act, for deposit
11therein shall be made based upon the retail sales occurring in
12a county having more than 3,000,000 inhabitants. The remainder
13shall be distributed to each county having 3,000,000 or fewer
14inhabitants based upon the retail sales occurring in each such
15county.
16    For the purpose of determining allocation to the local
17government unit, a retail sale by a producer of coal or other
18mineral mined in Illinois is a sale at retail at the place
19where the coal or other mineral mined in Illinois is extracted
20from the earth. This paragraph does not apply to coal or other
21mineral when it is delivered or shipped by the seller to the
22purchaser at a point outside Illinois so that the sale is
23exempt under the United States Constitution as a sale in
24interstate or foreign commerce.
25    Of the money received from the 6.25% general use tax rate
26on tangible personal property which is purchased outside

 

 

SB2217- 420 -LRB100 13147 JWD 27539 b

1Illinois at retail from a retailer and which is titled or
2registered by any agency of this State's government and paid
3into the County and Mass Transit District Fund, the amount for
4which Illinois addresses for titling or registration purposes
5are given as being in each county having more than 3,000,000
6inhabitants shall be distributed into the Regional
7Transportation Authority tax fund, created pursuant to Section
84.03 of the Regional Transportation Authority Act. The
9remainder of the money paid from such sales shall be
10distributed to each county based on sales for which Illinois
11addresses for titling or registration purposes are given as
12being located in the county. Any money paid into the Regional
13Transportation Authority Occupation and Use Tax Replacement
14Fund from the County and Mass Transit District Fund prior to
15January 14, 1991, which has not been paid to the Authority
16prior to that date, shall be transferred to the Regional
17Transportation Authority tax fund.
18    Whenever the Department determines that a refund of money
19paid into the County and Mass Transit District Fund should be
20made to a claimant instead of issuing a credit memorandum, the
21Department shall notify the State Comptroller, who shall cause
22the order to be drawn for the amount specified, and to the
23person named, in such notification from the Department. Such
24refund shall be paid by the State Treasurer out of the County
25and Mass Transit District Fund.
26    As soon as possible after the first day of each month,

 

 

SB2217- 421 -LRB100 13147 JWD 27539 b

1beginning January 1, 2011, upon certification of the Department
2of Revenue, the Comptroller shall order transferred, and the
3Treasurer shall transfer, to the STAR Bonds Revenue Fund the
4local sales tax increment, as defined in the Innovation
5Development and Economy Act, collected during the second
6preceding calendar month for sales within a STAR bond district
7and deposited into the County and Mass Transit District Fund,
8less 3% of that amount, which shall be transferred into the Tax
9Compliance and Administration Fund and shall be used by the
10Department, subject to appropriation, to cover the costs of the
11Department in administering the Innovation Development and
12Economy Act.
13    After the monthly transfer to the STAR Bonds Revenue Fund,
14on or before the 25th day of each calendar month, the
15Department shall prepare and certify to the Comptroller the
16disbursement of stated sums of money to the Regional
17Transportation Authority and to named counties, the counties to
18be those entitled to distribution, as hereinabove provided, of
19taxes or penalties paid to the Department during the second
20preceding calendar month. The amount to be paid to the Regional
21Transportation Authority and each county having 3,000,000 or
22fewer inhabitants shall be the amount (not including credit
23memoranda) collected during the second preceding calendar
24month by the Department and paid into the County and Mass
25Transit District Fund, plus an amount the Department determines
26is necessary to offset any amounts which were erroneously paid

 

 

SB2217- 422 -LRB100 13147 JWD 27539 b

1to a different taxing body, and not including an amount equal
2to the amount of refunds made during the second preceding
3calendar month by the Department, and not including any amount
4which the Department determines is necessary to offset any
5amounts which were payable to a different taxing body but were
6erroneously paid to the Regional Transportation Authority or
7county, and not including any amounts that are transferred to
8the STAR Bonds Revenue Fund, less 2% of the amount to be paid
9to the Regional Transportation Authority, which shall be
10transferred into the Tax Compliance and Administration Fund.
11The Department, at the time of each monthly disbursement to the
12Regional Transportation Authority, shall prepare and certify
13to the State Comptroller the amount to be transferred into the
14Tax Compliance and Administration Fund under this Section.
15Within 10 days after receipt, by the Comptroller, of the
16disbursement certification to the Regional Transportation
17Authority, and counties, and the Tax Compliance and
18Administration Fund , provided for in this Section to be given
19to the Comptroller by the Department, the Comptroller shall
20cause the orders to be drawn for the respective amounts in
21accordance with the directions contained in such
22certification.
23    When certifying the amount of a monthly disbursement to the
24Regional Transportation Authority or to a county under this
25Section, the Department shall increase or decrease that amount
26by an amount necessary to offset any misallocation of previous

 

 

SB2217- 423 -LRB100 13147 JWD 27539 b

1disbursements. The offset amount shall be the amount
2erroneously disbursed within the 6 months preceding the time a
3misallocation is discovered.
4    The provisions directing the distributions from the
5special fund in the State Treasury provided for in this Section
6and from the Regional Transportation Authority tax fund created
7by Section 4.03 of the Regional Transportation Authority Act
8shall constitute an irrevocable and continuing appropriation
9of all amounts as provided herein. The State Treasurer and
10State Comptroller are hereby authorized to make distributions
11as provided in this Section.
12    In construing any development, redevelopment, annexation,
13preannexation or other lawful agreement in effect prior to
14September 1, 1990, which describes or refers to receipts from a
15county or municipal retailers' occupation tax, use tax or
16service occupation tax which now cannot be imposed, such
17description or reference shall be deemed to include the
18replacement revenue for such abolished taxes, distributed from
19the County and Mass Transit District Fund or Local Government
20Distributive Fund, as the case may be.
21(Source: P.A. 96-939, eff. 6-24-10; 96-1012, eff. 7-7-10;
2297-333, eff. 8-12-11.)
 
23    Section 50-15. The Counties Code is amended by changing
24Sections 5-1006, 5-1006.5, and 5-1007 as follows:
 

 

 

SB2217- 424 -LRB100 13147 JWD 27539 b

1    (55 ILCS 5/5-1006)  (from Ch. 34, par. 5-1006)
2    Sec. 5-1006. Home Rule County Retailers' Occupation Tax
3Law. Any county that is a home rule unit may impose a tax upon
4all persons engaged in the business of selling tangible
5personal property, other than an item of tangible personal
6property titled or registered with an agency of this State's
7government, at retail in the county on the gross receipts from
8such sales made in the course of their business. If imposed,
9this tax shall only be imposed in 1/4% increments. On and after
10September 1, 1991, this additional tax may not be imposed on
11the sales of food for human consumption which is to be consumed
12off the premises where it is sold (other than alcoholic
13beverages, soft drinks and food which has been prepared for
14immediate consumption) and prescription and nonprescription
15medicines, drugs, medical appliances and insulin, urine
16testing materials, syringes and needles used by diabetics. The
17tax imposed by a home rule county pursuant to this Section and
18all civil penalties that may be assessed as an incident thereof
19shall be collected and enforced by the State Department of
20Revenue. The certificate of registration that is issued by the
21Department to a retailer under the Retailers' Occupation Tax
22Act shall permit the retailer to engage in a business that is
23taxable under any ordinance or resolution enacted pursuant to
24this Section without registering separately with the
25Department under such ordinance or resolution or under this
26Section. The Department shall have full power to administer and

 

 

SB2217- 425 -LRB100 13147 JWD 27539 b

1enforce this Section; to collect all taxes and penalties due
2hereunder; to dispose of taxes and penalties so collected in
3the manner hereinafter provided; and to determine all rights to
4credit memoranda arising on account of the erroneous payment of
5tax or penalty hereunder. In the administration of, and
6compliance with, this Section, the Department and persons who
7are subject to this Section shall have the same rights,
8remedies, privileges, immunities, powers and duties, and be
9subject to the same conditions, restrictions, limitations,
10penalties and definitions of terms, and employ the same modes
11of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
121e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all
13provisions therein other than the State rate of tax), 4, 5, 5a,
145b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
157, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
16and Section 3-7 of the Uniform Penalty and Interest Act, as
17fully as if those provisions were set forth herein.
18    No tax may be imposed by a home rule county pursuant to
19this Section unless the county also imposes a tax at the same
20rate pursuant to Section 5-1007.
21    Persons subject to any tax imposed pursuant to the
22authority granted in this Section may reimburse themselves for
23their seller's tax liability hereunder by separately stating
24such tax as an additional charge, which charge may be stated in
25combination, in a single amount, with State tax which sellers
26are required to collect under the Use Tax Act, pursuant to such

 

 

SB2217- 426 -LRB100 13147 JWD 27539 b

1bracket schedules as the Department may prescribe.
2    Whenever the Department determines that a refund should be
3made under this Section to a claimant instead of issuing a
4credit memorandum, the Department shall notify the State
5Comptroller, who shall cause the order to be drawn for the
6amount specified and to the person named in the notification
7from the Department. The refund shall be paid by the State
8Treasurer out of the home rule county retailers' occupation tax
9fund.
10    The Department shall forthwith pay over to the State
11Treasurer, ex officio, as trustee, all taxes and penalties
12collected hereunder.
13    As soon as possible after the first day of each month,
14beginning January 1, 2011, upon certification of the Department
15of Revenue, the Comptroller shall order transferred, and the
16Treasurer shall transfer, to the STAR Bonds Revenue Fund the
17local sales tax increment, as defined in the Innovation
18Development and Economy Act, collected under this Section
19during the second preceding calendar month for sales within a
20STAR bond district.
21    After the monthly transfer to the STAR Bonds Revenue Fund,
22on or before the 25th day of each calendar month, the
23Department shall prepare and certify to the Comptroller the
24disbursement of stated sums of money to named counties, the
25counties to be those from which retailers have paid taxes or
26penalties hereunder to the Department during the second

 

 

SB2217- 427 -LRB100 13147 JWD 27539 b

1preceding calendar month. The amount to be paid to each county
2shall be the amount (not including credit memoranda) collected
3hereunder during the second preceding calendar month by the
4Department plus an amount the Department determines is
5necessary to offset any amounts that were erroneously paid to a
6different taxing body, and not including an amount equal to the
7amount of refunds made during the second preceding calendar
8month by the Department on behalf of such county, and not
9including any amount which the Department determines is
10necessary to offset any amounts which were payable to a
11different taxing body but were erroneously paid to the county,
12and not including any amounts that are transferred to the STAR
13Bonds Revenue Fund, less 2% of the remainder, which the
14Department shall transfer into the Tax Compliance and
15Administration Fund. The Department, at the time of each
16monthly disbursement to the counties, shall prepare and certify
17to the State Comptroller the amount to be transferred into the
18Tax Compliance and Administration Fund under this Section.
19Within 10 days after receipt, by the Comptroller, of the
20disbursement certification to the counties and the Tax
21Compliance and Administration Fund provided for in this Section
22to be given to the Comptroller by the Department, the
23Comptroller shall cause the orders to be drawn for the
24respective amounts in accordance with the directions contained
25in the certification.
26    In addition to the disbursement required by the preceding

 

 

SB2217- 428 -LRB100 13147 JWD 27539 b

1paragraph, an allocation shall be made in March of each year to
2each county that received more than $500,000 in disbursements
3under the preceding paragraph in the preceding calendar year.
4The allocation shall be in an amount equal to the average
5monthly distribution made to each such county under the
6preceding paragraph during the preceding calendar year
7(excluding the 2 months of highest receipts). The distribution
8made in March of each year subsequent to the year in which an
9allocation was made pursuant to this paragraph and the
10preceding paragraph shall be reduced by the amount allocated
11and disbursed under this paragraph in the preceding calendar
12year. The Department shall prepare and certify to the
13Comptroller for disbursement the allocations made in
14accordance with this paragraph.
15    For the purpose of determining the local governmental unit
16whose tax is applicable, a retail sale by a producer of coal or
17other mineral mined in Illinois is a sale at retail at the
18place where the coal or other mineral mined in Illinois is
19extracted from the earth. This paragraph does not apply to coal
20or other mineral when it is delivered or shipped by the seller
21to the purchaser at a point outside Illinois so that the sale
22is exempt under the United States Constitution as a sale in
23interstate or foreign commerce.
24    Nothing in this Section shall be construed to authorize a
25county to impose a tax upon the privilege of engaging in any
26business which under the Constitution of the United States may

 

 

SB2217- 429 -LRB100 13147 JWD 27539 b

1not be made the subject of taxation by this State.
2    An ordinance or resolution imposing or discontinuing a tax
3hereunder or effecting a change in the rate thereof shall be
4adopted and a certified copy thereof filed with the Department
5on or before the first day of June, whereupon the Department
6shall proceed to administer and enforce this Section as of the
7first day of September next following such adoption and filing.
8Beginning January 1, 1992, an ordinance or resolution imposing
9or discontinuing the tax hereunder or effecting a change in the
10rate thereof shall be adopted and a certified copy thereof
11filed with the Department on or before the first day of July,
12whereupon the Department shall proceed to administer and
13enforce this Section as of the first day of October next
14following such adoption and filing. Beginning January 1, 1993,
15an ordinance or resolution imposing or discontinuing the tax
16hereunder or effecting a change in the rate thereof shall be
17adopted and a certified copy thereof filed with the Department
18on or before the first day of October, whereupon the Department
19shall proceed to administer and enforce this Section as of the
20first day of January next following such adoption and filing.
21Beginning April 1, 1998, an ordinance or resolution imposing or
22discontinuing the tax hereunder or effecting a change in the
23rate thereof shall either (i) be adopted and a certified copy
24thereof filed with the Department on or before the first day of
25April, whereupon the Department shall proceed to administer and
26enforce this Section as of the first day of July next following

 

 

SB2217- 430 -LRB100 13147 JWD 27539 b

1the adoption and filing; or (ii) be adopted and a certified
2copy thereof filed with the Department on or before the first
3day of October, whereupon the Department shall proceed to
4administer and enforce this Section as of the first day of
5January next following the adoption and filing.
6    When certifying the amount of a monthly disbursement to a
7county under this Section, the Department shall increase or
8decrease such amount by an amount necessary to offset any
9misallocation of previous disbursements. The offset amount
10shall be the amount erroneously disbursed within the previous 6
11months from the time a misallocation is discovered.
12    This Section shall be known and may be cited as the Home
13Rule County Retailers' Occupation Tax Law.
14(Source: P.A. 99-217, eff. 7-31-15.)
 
15    (55 ILCS 5/5-1006.5)
16    Sec. 5-1006.5. Special County Retailers' Occupation Tax
17For Public Safety, Public Facilities, or Transportation.
18    (a) The county board of any county may impose a tax upon
19all persons engaged in the business of selling tangible
20personal property, other than personal property titled or
21registered with an agency of this State's government, at retail
22in the county on the gross receipts from the sales made in the
23course of business to provide revenue to be used exclusively
24for public safety, public facility, or transportation purposes
25in that county, if a proposition for the tax has been submitted

 

 

SB2217- 431 -LRB100 13147 JWD 27539 b

1to the electors of that county and approved by a majority of
2those voting on the question. If imposed, this tax shall be
3imposed only in one-quarter percent increments. By resolution,
4the county board may order the proposition to be submitted at
5any election. If the tax is imposed for transportation purposes
6for expenditures for public highways or as authorized under the
7Illinois Highway Code, the county board must publish notice of
8the existence of its long-range highway transportation plan as
9required or described in Section 5-301 of the Illinois Highway
10Code and must make the plan publicly available prior to
11approval of the ordinance or resolution imposing the tax. If
12the tax is imposed for transportation purposes for expenditures
13for passenger rail transportation, the county board must
14publish notice of the existence of its long-range passenger
15rail transportation plan and must make the plan publicly
16available prior to approval of the ordinance or resolution
17imposing the tax.
18    If a tax is imposed for public facilities purposes, then
19the name of the project may be included in the proposition at
20the discretion of the county board as determined in the
21enabling resolution. For example, the "XXX Nursing Home" or the
22"YYY Museum".
23    The county clerk shall certify the question to the proper
24election authority, who shall submit the proposition at an
25election in accordance with the general election law.
26        (1) The proposition for public safety purposes shall be

 

 

SB2217- 432 -LRB100 13147 JWD 27539 b

1    in substantially the following form:
2        "To pay for public safety purposes, shall (name of
3    county) be authorized to impose an increase on its share of
4    local sales taxes by (insert rate)?"
5        As additional information on the ballot below the
6    question shall appear the following:
7        "This would mean that a consumer would pay an
8    additional (insert amount) in sales tax for every $100 of
9    tangible personal property bought at retail."
10        The county board may also opt to establish a sunset
11    provision at which time the additional sales tax would
12    cease being collected, if not terminated earlier by a vote
13    of the county board. If the county board votes to include a
14    sunset provision, the proposition for public safety
15    purposes shall be in substantially the following form:
16        "To pay for public safety purposes, shall (name of
17    county) be authorized to impose an increase on its share of
18    local sales taxes by (insert rate) for a period not to
19    exceed (insert number of years)?"
20        As additional information on the ballot below the
21    question shall appear the following:
22        "This would mean that a consumer would pay an
23    additional (insert amount) in sales tax for every $100 of
24    tangible personal property bought at retail. If imposed,
25    the additional tax would cease being collected at the end
26    of (insert number of years), if not terminated earlier by a

 

 

SB2217- 433 -LRB100 13147 JWD 27539 b

1    vote of the county board."
2        For the purposes of the paragraph, "public safety
3    purposes" means crime prevention, detention, fire
4    fighting, police, medical, ambulance, or other emergency
5    services.
6        Votes shall be recorded as "Yes" or "No".
7        Beginning on the January 1 or July 1, whichever is
8    first, that occurs not less than 30 days after May 31, 2015
9    (the effective date of Public Act 99-4), Adams County may
10    impose a public safety retailers' occupation tax and
11    service occupation tax at the rate of 0.25%, as provided in
12    the referendum approved by the voters on April 7, 2015,
13    notwithstanding the omission of the additional information
14    that is otherwise required to be printed on the ballot
15    below the question pursuant to this item (1).
16        (2) The proposition for transportation purposes shall
17    be in substantially the following form:
18        "To pay for improvements to roads and other
19    transportation purposes, shall (name of county) be
20    authorized to impose an increase on its share of local
21    sales taxes by (insert rate)?"
22        As additional information on the ballot below the
23    question shall appear the following:
24        "This would mean that a consumer would pay an
25    additional (insert amount) in sales tax for every $100 of
26    tangible personal property bought at retail."

 

 

SB2217- 434 -LRB100 13147 JWD 27539 b

1        The county board may also opt to establish a sunset
2    provision at which time the additional sales tax would
3    cease being collected, if not terminated earlier by a vote
4    of the county board. If the county board votes to include a
5    sunset provision, the proposition for transportation
6    purposes shall be in substantially the following form:
7        "To pay for road improvements and other transportation
8    purposes, shall (name of county) be authorized to impose an
9    increase on its share of local sales taxes by (insert rate)
10    for a period not to exceed (insert number of years)?"
11        As additional information on the ballot below the
12    question shall appear the following:
13        "This would mean that a consumer would pay an
14    additional (insert amount) in sales tax for every $100 of
15    tangible personal property bought at retail. If imposed,
16    the additional tax would cease being collected at the end
17    of (insert number of years), if not terminated earlier by a
18    vote of the county board."
19        For the purposes of this paragraph, transportation
20    purposes means construction, maintenance, operation, and
21    improvement of public highways, any other purpose for which
22    a county may expend funds under the Illinois Highway Code,
23    and passenger rail transportation.
24        The votes shall be recorded as "Yes" or "No".
25        (3) The proposition for public facilities purposes
26    shall be in substantially the following form:

 

 

SB2217- 435 -LRB100 13147 JWD 27539 b

1        "To pay for public facilities purposes, shall (name of
2    county) be authorized to impose an increase on its share of
3    local sales taxes by (insert rate)?"
4        As additional information on the ballot below the
5    question shall appear the following:
6        "This would mean that a consumer would pay an
7    additional (insert amount) in sales tax for every $100 of
8    tangible personal property bought at retail."
9        The county board may also opt to establish a sunset
10    provision at which time the additional sales tax would
11    cease being collected, if not terminated earlier by a vote
12    of the county board. If the county board votes to include a
13    sunset provision, the proposition for public facilities
14    purposes shall be in substantially the following form:
15        "To pay for public facilities purposes, shall (name of
16    county) be authorized to impose an increase on its share of
17    local sales taxes by (insert rate) for a period not to
18    exceed (insert number of years)?"
19        As additional information on the ballot below the
20    question shall appear the following:
21        "This would mean that a consumer would pay an
22    additional (insert amount) in sales tax for every $100 of
23    tangible personal property bought at retail. If imposed,
24    the additional tax would cease being collected at the end
25    of (insert number of years), if not terminated earlier by a
26    vote of the county board."

 

 

SB2217- 436 -LRB100 13147 JWD 27539 b

1        For purposes of this Section, "public facilities
2    purposes" means the acquisition, development,
3    construction, reconstruction, rehabilitation, improvement,
4    financing, architectural planning, and installation of
5    capital facilities consisting of buildings, structures,
6    and durable equipment and for the acquisition and
7    improvement of real property and interest in real property
8    required, or expected to be required, in connection with
9    the public facilities, for use by the county for the
10    furnishing of governmental services to its citizens,
11    including but not limited to museums and nursing homes.
12        The votes shall be recorded as "Yes" or "No".
13    If a majority of the electors voting on the proposition
14vote in favor of it, the county may impose the tax. A county
15may not submit more than one proposition authorized by this
16Section to the electors at any one time.
17    This additional tax may not be imposed on the sales of food
18for human consumption that is to be consumed off the premises
19where it is sold (other than alcoholic beverages, soft drinks,
20and food which has been prepared for immediate consumption) and
21prescription and non-prescription medicines, drugs, medical
22appliances and insulin, urine testing materials, syringes, and
23needles used by diabetics. The tax imposed by a county under
24this Section and all civil penalties that may be assessed as an
25incident of the tax shall be collected and enforced by the
26Illinois Department of Revenue and deposited into a special

 

 

SB2217- 437 -LRB100 13147 JWD 27539 b

1fund created for that purpose. The certificate of registration
2that is issued by the Department to a retailer under the
3Retailers' Occupation Tax Act shall permit the retailer to
4engage in a business that is taxable without registering
5separately with the Department under an ordinance or resolution
6under this Section. The Department has full power to administer
7and enforce this Section, to collect all taxes and penalties
8due under this Section, to dispose of taxes and penalties so
9collected in the manner provided in this Section, and to
10determine all rights to credit memoranda arising on account of
11the erroneous payment of a tax or penalty under this Section.
12In the administration of and compliance with this Section, the
13Department and persons who are subject to this Section shall
14(i) have the same rights, remedies, privileges, immunities,
15powers, and duties, (ii) be subject to the same conditions,
16restrictions, limitations, penalties, and definitions of
17terms, and (iii) employ the same modes of procedure as are
18prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
191n, 2 through 2-70 (in respect to all provisions contained in
20those Sections other than the State rate of tax), 2a, 2b, 2c, 3
21(except provisions relating to transaction returns and quarter
22monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
235j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
24of the Retailers' Occupation Tax Act and Section 3-7 of the
25Uniform Penalty and Interest Act as if those provisions were
26set forth in this Section.

 

 

SB2217- 438 -LRB100 13147 JWD 27539 b

1    Persons subject to any tax imposed under the authority
2granted in this Section may reimburse themselves for their
3sellers' tax liability by separately stating the tax as an
4additional charge, which charge may be stated in combination,
5in a single amount, with State tax which sellers are required
6to collect under the Use Tax Act, pursuant to such bracketed
7schedules as the Department may prescribe.
8    Whenever the Department determines that a refund should be
9made under this Section to a claimant instead of issuing a
10credit memorandum, the Department shall notify the State
11Comptroller, who shall cause the order to be drawn for the
12amount specified and to the person named in the notification
13from the Department. The refund shall be paid by the State
14Treasurer out of the County Public Safety or Transportation
15Retailers' Occupation Tax Fund.
16    (b) If a tax has been imposed under subsection (a), a
17service occupation tax shall also be imposed at the same rate
18upon all persons engaged, in the county, in the business of
19making sales of service, who, as an incident to making those
20sales of service, transfer tangible personal property within
21the county as an incident to a sale of service. This tax may
22not be imposed on sales of food for human consumption that is
23to be consumed off the premises where it is sold (other than
24alcoholic beverages, soft drinks, and food prepared for
25immediate consumption) and prescription and non-prescription
26medicines, drugs, medical appliances and insulin, urine

 

 

SB2217- 439 -LRB100 13147 JWD 27539 b

1testing materials, syringes, and needles used by diabetics. The
2tax imposed under this subsection and all civil penalties that
3may be assessed as an incident thereof shall be collected and
4enforced by the Department of Revenue. The Department has full
5power to administer and enforce this subsection; to collect all
6taxes and penalties due hereunder; to dispose of taxes and
7penalties so collected in the manner hereinafter provided; and
8to determine all rights to credit memoranda arising on account
9of the erroneous payment of tax or penalty hereunder. In the
10administration of, and compliance with this subsection, the
11Department and persons who are subject to this paragraph shall
12(i) have the same rights, remedies, privileges, immunities,
13powers, and duties, (ii) be subject to the same conditions,
14restrictions, limitations, penalties, exclusions, exemptions,
15and definitions of terms, and (iii) employ the same modes of
16procedure as are prescribed in Sections 2 (except that the
17reference to State in the definition of supplier maintaining a
18place of business in this State shall mean the county), 2a, 2b,
192c, 3 through 3-50 (in respect to all provisions therein other
20than the State rate of tax), 4 (except that the reference to
21the State shall be to the county), 5, 7, 8 (except that the
22jurisdiction to which the tax shall be a debt to the extent
23indicated in that Section 8 shall be the county), 9 (except as
24to the disposition of taxes and penalties collected), 10, 11,
2512 (except the reference therein to Section 2b of the
26Retailers' Occupation Tax Act), 13 (except that any reference

 

 

SB2217- 440 -LRB100 13147 JWD 27539 b

1to the State shall mean the county), Section 15, 16, 17, 18, 19
2and 20 of the Service Occupation Tax Act and Section 3-7 of the
3Uniform Penalty and Interest Act, as fully as if those
4provisions were set forth herein.
5    Persons subject to any tax imposed under the authority
6granted in this subsection may reimburse themselves for their
7serviceman's tax liability by separately stating the tax as an
8additional charge, which charge may be stated in combination,
9in a single amount, with State tax that servicemen are
10authorized to collect under the Service Use Tax Act, in
11accordance with such bracket schedules as the Department may
12prescribe.
13    Whenever the Department determines that a refund should be
14made under this subsection to a claimant instead of issuing a
15credit memorandum, the Department shall notify the State
16Comptroller, who shall cause the warrant to be drawn for the
17amount specified, and to the person named, in the notification
18from the Department. The refund shall be paid by the State
19Treasurer out of the County Public Safety or Transportation
20Retailers' Occupation Fund.
21    Nothing in this subsection shall be construed to authorize
22the county to impose a tax upon the privilege of engaging in
23any business which under the Constitution of the United States
24may not be made the subject of taxation by the State.
25    (c) The Department shall immediately pay over to the State
26Treasurer, ex officio, as trustee, all taxes and penalties

 

 

SB2217- 441 -LRB100 13147 JWD 27539 b

1collected under this Section to be deposited into the County
2Public Safety or Transportation Retailers' Occupation Tax
3Fund, which shall be an unappropriated trust fund held outside
4of the State treasury.
5    As soon as possible after the first day of each month,
6beginning January 1, 2011, upon certification of the Department
7of Revenue, the Comptroller shall order transferred, and the
8Treasurer shall transfer, to the STAR Bonds Revenue Fund the
9local sales tax increment, as defined in the Innovation
10Development and Economy Act, collected under this Section
11during the second preceding calendar month for sales within a
12STAR bond district.
13    After the monthly transfer to the STAR Bonds Revenue Fund,
14on or before the 25th day of each calendar month, the
15Department shall prepare and certify to the Comptroller the
16disbursement of stated sums of money to the counties from which
17retailers have paid taxes or penalties to the Department during
18the second preceding calendar month. The amount to be paid to
19each county, and deposited by the county into its special fund
20created for the purposes of this Section, shall be the amount
21(not including credit memoranda) collected under this Section
22during the second preceding calendar month by the Department
23plus an amount the Department determines is necessary to offset
24any amounts that were erroneously paid to a different taxing
25body, and not including (i) an amount equal to the amount of
26refunds made during the second preceding calendar month by the

 

 

SB2217- 442 -LRB100 13147 JWD 27539 b

1Department on behalf of the county, (ii) any amount that the
2Department determines is necessary to offset any amounts that
3were payable to a different taxing body but were erroneously
4paid to the county, and (iii) any amounts that are transferred
5to the STAR Bonds Revenue Fund, and (iv) 2% of the remainder,
6which shall be transferred into the Tax Compliance and
7Administration Fund. The Department, at the time of each
8monthly disbursement to the counties, shall prepare and certify
9to the State Comptroller the amount to be transferred into the
10Tax Compliance and Administration Fund under this subsection.
11Within 10 days after receipt by the Comptroller of the
12disbursement certification to the counties and the Tax
13Compliance and Administration Fund provided for in this Section
14to be given to the Comptroller by the Department, the
15Comptroller shall cause the orders to be drawn for the
16respective amounts in accordance with directions contained in
17the certification.
18    In addition to the disbursement required by the preceding
19paragraph, an allocation shall be made in March of each year to
20each county that received more than $500,000 in disbursements
21under the preceding paragraph in the preceding calendar year.
22The allocation shall be in an amount equal to the average
23monthly distribution made to each such county under the
24preceding paragraph during the preceding calendar year
25(excluding the 2 months of highest receipts). The distribution
26made in March of each year subsequent to the year in which an

 

 

SB2217- 443 -LRB100 13147 JWD 27539 b

1allocation was made pursuant to this paragraph and the
2preceding paragraph shall be reduced by the amount allocated
3and disbursed under this paragraph in the preceding calendar
4year. The Department shall prepare and certify to the
5Comptroller for disbursement the allocations made in
6accordance with this paragraph.
7    A county may direct, by ordinance, that all or a portion of
8the taxes and penalties collected under the Special County
9Retailers' Occupation Tax For Public Safety or Transportation
10be deposited into the Transportation Development Partnership
11Trust Fund.
12    (d) For the purpose of determining the local governmental
13unit whose tax is applicable, a retail sale by a producer of
14coal or another mineral mined in Illinois is a sale at retail
15at the place where the coal or other mineral mined in Illinois
16is extracted from the earth. This paragraph does not apply to
17coal or another mineral when it is delivered or shipped by the
18seller to the purchaser at a point outside Illinois so that the
19sale is exempt under the United States Constitution as a sale
20in interstate or foreign commerce.
21    (e) Nothing in this Section shall be construed to authorize
22a county to impose a tax upon the privilege of engaging in any
23business that under the Constitution of the United States may
24not be made the subject of taxation by this State.
25    (e-5) If a county imposes a tax under this Section, the
26county board may, by ordinance, discontinue or lower the rate

 

 

SB2217- 444 -LRB100 13147 JWD 27539 b

1of the tax. If the county board lowers the tax rate or
2discontinues the tax, a referendum must be held in accordance
3with subsection (a) of this Section in order to increase the
4rate of the tax or to reimpose the discontinued tax.
5    (f) Beginning April 1, 1998 and through December 31, 2013,
6the results of any election authorizing a proposition to impose
7a tax under this Section or effecting a change in the rate of
8tax, or any ordinance lowering the rate or discontinuing the
9tax, shall be certified by the county clerk and filed with the
10Illinois Department of Revenue either (i) on or before the
11first day of April, whereupon the Department shall proceed to
12administer and enforce the tax as of the first day of July next
13following the filing; or (ii) on or before the first day of
14October, whereupon the Department shall proceed to administer
15and enforce the tax as of the first day of January next
16following the filing.
17    Beginning January 1, 2014, the results of any election
18authorizing a proposition to impose a tax under this Section or
19effecting an increase in the rate of tax, along with the
20ordinance adopted to impose the tax or increase the rate of the
21tax, or any ordinance adopted to lower the rate or discontinue
22the tax, shall be certified by the county clerk and filed with
23the Illinois Department of Revenue either (i) on or before the
24first day of May, whereupon the Department shall proceed to
25administer and enforce the tax as of the first day of July next
26following the adoption and filing; or (ii) on or before the

 

 

SB2217- 445 -LRB100 13147 JWD 27539 b

1first day of October, whereupon the Department shall proceed to
2administer and enforce the tax as of the first day of January
3next following the adoption and filing.
4    (g) When certifying the amount of a monthly disbursement to
5a county under this Section, the Department shall increase or
6decrease the amounts by an amount necessary to offset any
7miscalculation of previous disbursements. The offset amount
8shall be the amount erroneously disbursed within the previous 6
9months from the time a miscalculation is discovered.
10    (h) This Section may be cited as the "Special County
11Occupation Tax For Public Safety, Public Facilities, or
12Transportation Law".
13    (i) For purposes of this Section, "public safety" includes,
14but is not limited to, crime prevention, detention, fire
15fighting, police, medical, ambulance, or other emergency
16services. The county may share tax proceeds received under this
17Section for public safety purposes, including proceeds
18received before August 4, 2009 (the effective date of Public
19Act 96-124), with any fire protection district located in the
20county. For the purposes of this Section, "transportation"
21includes, but is not limited to, the construction, maintenance,
22operation, and improvement of public highways, any other
23purpose for which a county may expend funds under the Illinois
24Highway Code, and passenger rail transportation. For the
25purposes of this Section, "public facilities purposes"
26includes, but is not limited to, the acquisition, development,

 

 

SB2217- 446 -LRB100 13147 JWD 27539 b

1construction, reconstruction, rehabilitation, improvement,
2financing, architectural planning, and installation of capital
3facilities consisting of buildings, structures, and durable
4equipment and for the acquisition and improvement of real
5property and interest in real property required, or expected to
6be required, in connection with the public facilities, for use
7by the county for the furnishing of governmental services to
8its citizens, including but not limited to museums and nursing
9homes.
10    (j) The Department may promulgate rules to implement Public
11Act 95-1002 only to the extent necessary to apply the existing
12rules for the Special County Retailers' Occupation Tax for
13Public Safety to this new purpose for public facilities.
14(Source: P.A. 98-584, eff. 8-27-13; 99-4, eff. 5-31-15; 99-217,
15eff. 7-31-15; 99-642, eff. 7-28-16.)
 
16    (55 ILCS 5/5-1007)  (from Ch. 34, par. 5-1007)
17    Sec. 5-1007. Home Rule County Service Occupation Tax Law.
18The corporate authorities of a home rule county may impose a
19tax upon all persons engaged, in such county, in the business
20of making sales of service at the same rate of tax imposed
21pursuant to Section 5-1006 of the selling price of all tangible
22personal property transferred by such servicemen either in the
23form of tangible personal property or in the form of real
24estate as an incident to a sale of service. If imposed, such
25tax shall only be imposed in 1/4% increments. On and after

 

 

SB2217- 447 -LRB100 13147 JWD 27539 b

1September 1, 1991, this additional tax may not be imposed on
2the sales of food for human consumption which is to be consumed
3off the premises where it is sold (other than alcoholic
4beverages, soft drinks and food which has been prepared for
5immediate consumption) and prescription and nonprescription
6medicines, drugs, medical appliances and insulin, urine
7testing materials, syringes and needles used by diabetics. The
8tax imposed by a home rule county pursuant to this Section and
9all civil penalties that may be assessed as an incident thereof
10shall be collected and enforced by the State Department of
11Revenue. The certificate of registration which is issued by the
12Department to a retailer under the Retailers' Occupation Tax
13Act or under the Service Occupation Tax Act shall permit such
14registrant to engage in a business which is taxable under any
15ordinance or resolution enacted pursuant to this Section
16without registering separately with the Department under such
17ordinance or resolution or under this Section. The Department
18shall have full power to administer and enforce this Section;
19to collect all taxes and penalties due hereunder; to dispose of
20taxes and penalties so collected in the manner hereinafter
21provided; and to determine all rights to credit memoranda
22arising on account of the erroneous payment of tax or penalty
23hereunder. In the administration of, and compliance with, this
24Section the Department and persons who are subject to this
25Section shall have the same rights, remedies, privileges,
26immunities, powers and duties, and be subject to the same

 

 

SB2217- 448 -LRB100 13147 JWD 27539 b

1conditions, restrictions, limitations, penalties and
2definitions of terms, and employ the same modes of procedure,
3as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
4respect to all provisions therein other than the State rate of
5tax), 4 (except that the reference to the State shall be to the
6taxing county), 5, 7, 8 (except that the jurisdiction to which
7the tax shall be a debt to the extent indicated in that Section
88 shall be the taxing county), 9 (except as to the disposition
9of taxes and penalties collected, and except that the returned
10merchandise credit for this county tax may not be taken against
11any State tax), 10, 11, 12 (except the reference therein to
12Section 2b of the Retailers' Occupation Tax Act), 13 (except
13that any reference to the State shall mean the taxing county),
14the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the
15Service Occupation Tax Act and Section 3-7 of the Uniform
16Penalty and Interest Act, as fully as if those provisions were
17set forth herein.
18    No tax may be imposed by a home rule county pursuant to
19this Section unless such county also imposes a tax at the same
20rate pursuant to Section 5-1006.
21    Persons subject to any tax imposed pursuant to the
22authority granted in this Section may reimburse themselves for
23their serviceman's tax liability hereunder by separately
24stating such tax as an additional charge, which charge may be
25stated in combination, in a single amount, with State tax which
26servicemen are authorized to collect under the Service Use Tax

 

 

SB2217- 449 -LRB100 13147 JWD 27539 b

1Act, pursuant to such bracket schedules as the Department may
2prescribe.
3    Whenever the Department determines that a refund should be
4made under this Section to a claimant instead of issuing credit
5memorandum, the Department shall notify the State Comptroller,
6who shall cause the order to be drawn for the amount specified,
7and to the person named, in such notification from the
8Department. Such refund shall be paid by the State Treasurer
9out of the home rule county retailers' occupation tax fund.
10    The Department shall forthwith pay over to the State
11Treasurer, ex-officio, as trustee, all taxes and penalties
12collected hereunder.
13    As soon as possible after the first day of each month,
14beginning January 1, 2011, upon certification of the Department
15of Revenue, the Comptroller shall order transferred, and the
16Treasurer shall transfer, to the STAR Bonds Revenue Fund the
17local sales tax increment, as defined in the Innovation
18Development and Economy Act, collected under this Section
19during the second preceding calendar month for sales within a
20STAR bond district.
21    After the monthly transfer to the STAR Bonds Revenue Fund,
22on or before the 25th day of each calendar month, the
23Department shall prepare and certify to the Comptroller the
24disbursement of stated sums of money to named counties, the
25counties to be those from which suppliers and servicemen have
26paid taxes or penalties hereunder to the Department during the

 

 

SB2217- 450 -LRB100 13147 JWD 27539 b

1second preceding calendar month. The amount to be paid to each
2county shall be the amount (not including credit memoranda)
3collected hereunder during the second preceding calendar month
4by the Department, and not including an amount equal to the
5amount of refunds made during the second preceding calendar
6month by the Department on behalf of such county, and not
7including any amounts that are transferred to the STAR Bonds
8Revenue Fund, less 2% of the remainder, which the Department
9shall transfer into the Tax Compliance and Administration Fund.
10The Department, at the time of each monthly disbursement to the
11counties, shall prepare and certify to the State Comptroller
12the amount to be transferred into the Tax Compliance and
13Administration Fund under this Section. Within 10 days after
14receipt, by the Comptroller, of the disbursement certification
15to the counties and the Tax Compliance and Administration Fund
16provided for in this Section to be given to the Comptroller by
17the Department, the Comptroller shall cause the orders to be
18drawn for the respective amounts in accordance with the
19directions contained in such certification.
20    In addition to the disbursement required by the preceding
21paragraph, an allocation shall be made in each year to each
22county which received more than $500,000 in disbursements under
23the preceding paragraph in the preceding calendar year. The
24allocation shall be in an amount equal to the average monthly
25distribution made to each such county under the preceding
26paragraph during the preceding calendar year (excluding the 2

 

 

SB2217- 451 -LRB100 13147 JWD 27539 b

1months of highest receipts). The distribution made in March of
2each year subsequent to the year in which an allocation was
3made pursuant to this paragraph and the preceding paragraph
4shall be reduced by the amount allocated and disbursed under
5this paragraph in the preceding calendar year. The Department
6shall prepare and certify to the Comptroller for disbursement
7the allocations made in accordance with this paragraph.
8    Nothing in this Section shall be construed to authorize a
9county to impose a tax upon the privilege of engaging in any
10business which under the Constitution of the United States may
11not be made the subject of taxation by this State.
12    An ordinance or resolution imposing or discontinuing a tax
13hereunder or effecting a change in the rate thereof shall be
14adopted and a certified copy thereof filed with the Department
15on or before the first day of June, whereupon the Department
16shall proceed to administer and enforce this Section as of the
17first day of September next following such adoption and filing.
18Beginning January 1, 1992, an ordinance or resolution imposing
19or discontinuing the tax hereunder or effecting a change in the
20rate thereof shall be adopted and a certified copy thereof
21filed with the Department on or before the first day of July,
22whereupon the Department shall proceed to administer and
23enforce this Section as of the first day of October next
24following such adoption and filing. Beginning January 1, 1993,
25an ordinance or resolution imposing or discontinuing the tax
26hereunder or effecting a change in the rate thereof shall be

 

 

SB2217- 452 -LRB100 13147 JWD 27539 b

1adopted and a certified copy thereof filed with the Department
2on or before the first day of October, whereupon the Department
3shall proceed to administer and enforce this Section as of the
4first day of January next following such adoption and filing.
5Beginning April 1, 1998, an ordinance or resolution imposing or
6discontinuing the tax hereunder or effecting a change in the
7rate thereof shall either (i) be adopted and a certified copy
8thereof filed with the Department on or before the first day of
9April, whereupon the Department shall proceed to administer and
10enforce this Section as of the first day of July next following
11the adoption and filing; or (ii) be adopted and a certified
12copy thereof filed with the Department on or before the first
13day of October, whereupon the Department shall proceed to
14administer and enforce this Section as of the first day of
15January next following the adoption and filing.
16    This Section shall be known and may be cited as the Home
17Rule County Service Occupation Tax Law.
18(Source: P.A. 96-939, eff. 6-24-10.)
 
19    Section 50-20. The Illinois Municipal Code is amended by
20changing Sections 8-11-1, 8-11-1.3, 8-11-1.4, 8-11-1.6,
218-11-1.7, and 8-11-5 as follows:
 
22    (65 ILCS 5/8-11-1)  (from Ch. 24, par. 8-11-1)
23    Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax
24Act. The corporate authorities of a home rule municipality may

 

 

SB2217- 453 -LRB100 13147 JWD 27539 b

1impose a tax upon all persons engaged in the business of
2selling tangible personal property, other than an item of
3tangible personal property titled or registered with an agency
4of this State's government, at retail in the municipality on
5the gross receipts from these sales made in the course of such
6business. If imposed, the tax shall only be imposed in 1/4%
7increments. On and after September 1, 1991, this additional tax
8may not be imposed on the sales of food for human consumption
9that is to be consumed off the premises where it is sold (other
10than alcoholic beverages, soft drinks and food that has been
11prepared for immediate consumption) and prescription and
12nonprescription medicines, drugs, medical appliances and
13insulin, urine testing materials, syringes and needles used by
14diabetics. The tax imposed by a home rule municipality under
15this Section and all civil penalties that may be assessed as an
16incident of the tax shall be collected and enforced by the
17State Department of Revenue. The certificate of registration
18that is issued by the Department to a retailer under the
19Retailers' Occupation Tax Act shall permit the retailer to
20engage in a business that is taxable under any ordinance or
21resolution enacted pursuant to this Section without
22registering separately with the Department under such
23ordinance or resolution or under this Section. The Department
24shall have full power to administer and enforce this Section;
25to collect all taxes and penalties due hereunder; to dispose of
26taxes and penalties so collected in the manner hereinafter

 

 

SB2217- 454 -LRB100 13147 JWD 27539 b

1provided; and to determine all rights to credit memoranda
2arising on account of the erroneous payment of tax or penalty
3hereunder. In the administration of, and compliance with, this
4Section the Department and persons who are subject to this
5Section shall have the same rights, remedies, privileges,
6immunities, powers and duties, and be subject to the same
7conditions, restrictions, limitations, penalties and
8definitions of terms, and employ the same modes of procedure,
9as are prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k,
101m, 1n, 2 through 2-65 (in respect to all provisions therein
11other than the State rate of tax), 2c, 3 (except as to the
12disposition of taxes and penalties collected), 4, 5, 5a, 5b,
135c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8,
149, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
15Section 3-7 of the Uniform Penalty and Interest Act, as fully
16as if those provisions were set forth herein.
17    No tax may be imposed by a home rule municipality under
18this Section unless the municipality also imposes a tax at the
19same rate under Section 8-11-5 of this Act.
20    Persons subject to any tax imposed under the authority
21granted in this Section may reimburse themselves for their
22seller's tax liability hereunder by separately stating that tax
23as an additional charge, which charge may be stated in
24combination, in a single amount, with State tax which sellers
25are required to collect under the Use Tax Act, pursuant to such
26bracket schedules as the Department may prescribe.

 

 

SB2217- 455 -LRB100 13147 JWD 27539 b

1    Whenever the Department determines that a refund should be
2made under this Section to a claimant instead of issuing a
3credit memorandum, the Department shall notify the State
4Comptroller, who shall cause the order to be drawn for the
5amount specified and to the person named in the notification
6from the Department. The refund shall be paid by the State
7Treasurer out of the home rule municipal retailers' occupation
8tax fund.
9    The Department shall immediately pay over to the State
10Treasurer, ex officio, as trustee, all taxes and penalties
11collected hereunder.
12    As soon as possible after the first day of each month,
13beginning January 1, 2011, upon certification of the Department
14of Revenue, the Comptroller shall order transferred, and the
15Treasurer shall transfer, to the STAR Bonds Revenue Fund the
16local sales tax increment, as defined in the Innovation
17Development and Economy Act, collected under this Section
18during the second preceding calendar month for sales within a
19STAR bond district.
20    After the monthly transfer to the STAR Bonds Revenue Fund,
21on or before the 25th day of each calendar month, the
22Department shall prepare and certify to the Comptroller the
23disbursement of stated sums of money to named municipalities,
24the municipalities to be those from which retailers have paid
25taxes or penalties hereunder to the Department during the
26second preceding calendar month. The amount to be paid to each

 

 

SB2217- 456 -LRB100 13147 JWD 27539 b

1municipality shall be the amount (not including credit
2memoranda) collected hereunder during the second preceding
3calendar month by the Department plus an amount the Department
4determines is necessary to offset any amounts that were
5erroneously paid to a different taxing body, and not including
6an amount equal to the amount of refunds made during the second
7preceding calendar month by the Department on behalf of such
8municipality, and not including any amount that the Department
9determines is necessary to offset any amounts that were payable
10to a different taxing body but were erroneously paid to the
11municipality, and not including any amounts that are
12transferred to the STAR Bonds Revenue Fund, less 2% of the
13remainder, which the Department shall transfer into the Tax
14Compliance and Administration Fund. The Department, at the time
15of each monthly disbursement to the municipalities, shall
16prepare and certify to the State Comptroller the amount to be
17transferred into the Tax Compliance and Administration Fund
18under this Section. Within 10 days after receipt by the
19Comptroller of the disbursement certification to the
20municipalities and the Tax Compliance and Administration Fund
21provided for in this Section to be given to the Comptroller by
22the Department, the Comptroller shall cause the orders to be
23drawn for the respective amounts in accordance with the
24directions contained in the certification.
25    In addition to the disbursement required by the preceding
26paragraph and in order to mitigate delays caused by

 

 

SB2217- 457 -LRB100 13147 JWD 27539 b

1distribution procedures, an allocation shall, if requested, be
2made within 10 days after January 14, 1991, and in November of
31991 and each year thereafter, to each municipality that
4received more than $500,000 during the preceding fiscal year,
5(July 1 through June 30) whether collected by the municipality
6or disbursed by the Department as required by this Section.
7Within 10 days after January 14, 1991, participating
8municipalities shall notify the Department in writing of their
9intent to participate. In addition, for the initial
10distribution, participating municipalities shall certify to
11the Department the amounts collected by the municipality for
12each month under its home rule occupation and service
13occupation tax during the period July 1, 1989 through June 30,
141990. The allocation within 10 days after January 14, 1991,
15shall be in an amount equal to the monthly average of these
16amounts, excluding the 2 months of highest receipts. The
17monthly average for the period of July 1, 1990 through June 30,
181991 will be determined as follows: the amounts collected by
19the municipality under its home rule occupation and service
20occupation tax during the period of July 1, 1990 through
21September 30, 1990, plus amounts collected by the Department
22and paid to such municipality through June 30, 1991, excluding
23the 2 months of highest receipts. The monthly average for each
24subsequent period of July 1 through June 30 shall be an amount
25equal to the monthly distribution made to each such
26municipality under the preceding paragraph during this period,

 

 

SB2217- 458 -LRB100 13147 JWD 27539 b

1excluding the 2 months of highest receipts. The distribution
2made in November 1991 and each year thereafter under this
3paragraph and the preceding paragraph shall be reduced by the
4amount allocated and disbursed under this paragraph in the
5preceding period of July 1 through June 30. The Department
6shall prepare and certify to the Comptroller for disbursement
7the allocations made in accordance with this paragraph.
8    For the purpose of determining the local governmental unit
9whose tax is applicable, a retail sale by a producer of coal or
10other mineral mined in Illinois is a sale at retail at the
11place where the coal or other mineral mined in Illinois is
12extracted from the earth. This paragraph does not apply to coal
13or other mineral when it is delivered or shipped by the seller
14to the purchaser at a point outside Illinois so that the sale
15is exempt under the United States Constitution as a sale in
16interstate or foreign commerce.
17    Nothing in this Section shall be construed to authorize a
18municipality to impose a tax upon the privilege of engaging in
19any business which under the Constitution of the United States
20may not be made the subject of taxation by this State.
21    An ordinance or resolution imposing or discontinuing a tax
22hereunder or effecting a change in the rate thereof shall be
23adopted and a certified copy thereof filed with the Department
24on or before the first day of June, whereupon the Department
25shall proceed to administer and enforce this Section as of the
26first day of September next following the adoption and filing.

 

 

SB2217- 459 -LRB100 13147 JWD 27539 b

1Beginning January 1, 1992, an ordinance or resolution imposing
2or discontinuing the tax hereunder or effecting a change in the
3rate thereof shall be adopted and a certified copy thereof
4filed with the Department on or before the first day of July,
5whereupon the Department shall proceed to administer and
6enforce this Section as of the first day of October next
7following such adoption and filing. Beginning January 1, 1993,
8an ordinance or resolution imposing or discontinuing the tax
9hereunder or effecting a change in the rate thereof shall be
10adopted and a certified copy thereof filed with the Department
11on or before the first day of October, whereupon the Department
12shall proceed to administer and enforce this Section as of the
13first day of January next following the adoption and filing.
14However, a municipality located in a county with a population
15in excess of 3,000,000 that elected to become a home rule unit
16at the general primary election in 1994 may adopt an ordinance
17or resolution imposing the tax under this Section and file a
18certified copy of the ordinance or resolution with the
19Department on or before July 1, 1994. The Department shall then
20proceed to administer and enforce this Section as of October 1,
211994. Beginning April 1, 1998, an ordinance or resolution
22imposing or discontinuing the tax hereunder or effecting a
23change in the rate thereof shall either (i) be adopted and a
24certified copy thereof filed with the Department on or before
25the first day of April, whereupon the Department shall proceed
26to administer and enforce this Section as of the first day of

 

 

SB2217- 460 -LRB100 13147 JWD 27539 b

1July next following the adoption and filing; or (ii) be adopted
2and a certified copy thereof filed with the Department on or
3before the first day of October, whereupon the Department shall
4proceed to administer and enforce this Section as of the first
5day of January next following the adoption and filing.
6    When certifying the amount of a monthly disbursement to a
7municipality under this Section, the Department shall increase
8or decrease the amount by an amount necessary to offset any
9misallocation of previous disbursements. The offset amount
10shall be the amount erroneously disbursed within the previous 6
11months from the time a misallocation is discovered.
12    Any unobligated balance remaining in the Municipal
13Retailers' Occupation Tax Fund on December 31, 1989, which fund
14was abolished by Public Act 85-1135, and all receipts of
15municipal tax as a result of audits of liability periods prior
16to January 1, 1990, shall be paid into the Local Government Tax
17Fund for distribution as provided by this Section prior to the
18enactment of Public Act 85-1135. All receipts of municipal tax
19as a result of an assessment not arising from an audit, for
20liability periods prior to January 1, 1990, shall be paid into
21the Local Government Tax Fund for distribution before July 1,
221990, as provided by this Section prior to the enactment of
23Public Act 85-1135; and on and after July 1, 1990, all such
24receipts shall be distributed as provided in Section 6z-18 of
25the State Finance Act.
26    As used in this Section, "municipal" and "municipality"

 

 

SB2217- 461 -LRB100 13147 JWD 27539 b

1means a city, village or incorporated town, including an
2incorporated town that has superseded a civil township.
3    This Section shall be known and may be cited as the Home
4Rule Municipal Retailers' Occupation Tax Act.
5(Source: P.A. 99-217, eff. 7-31-15.)
 
6    (65 ILCS 5/8-11-1.3)  (from Ch. 24, par. 8-11-1.3)
7    Sec. 8-11-1.3. Non-Home Rule Municipal Retailers'
8Occupation Tax Act. The corporate authorities of a non-home
9rule municipality may impose a tax upon all persons engaged in
10the business of selling tangible personal property, other than
11on an item of tangible personal property which is titled and
12registered by an agency of this State's Government, at retail
13in the municipality for expenditure on public infrastructure or
14for property tax relief or both as defined in Section 8-11-1.2
15if approved by referendum as provided in Section 8-11-1.1, of
16the gross receipts from such sales made in the course of such
17business. If the tax is approved by referendum on or after July
1814, 2010 (the effective date of Public Act 96-1057), the
19corporate authorities of a non-home rule municipality may,
20until December 31, 2020, use the proceeds of the tax for
21expenditure on municipal operations, in addition to or in lieu
22of any expenditure on public infrastructure or for property tax
23relief. The tax imposed may not be more than 1% and may be
24imposed only in 1/4% increments. The tax may not be imposed on
25the sale of food for human consumption that is to be consumed

 

 

SB2217- 462 -LRB100 13147 JWD 27539 b

1off the premises where it is sold (other than alcoholic
2beverages, soft drinks, and food that has been prepared for
3immediate consumption) and prescription and nonprescription
4medicines, drugs, medical appliances, and insulin, urine
5testing materials, syringes, and needles used by diabetics. The
6tax imposed by a municipality pursuant to this Section and all
7civil penalties that may be assessed as an incident thereof
8shall be collected and enforced by the State Department of
9Revenue. The certificate of registration which is issued by the
10Department to a retailer under the Retailers' Occupation Tax
11Act shall permit such retailer to engage in a business which is
12taxable under any ordinance or resolution enacted pursuant to
13this Section without registering separately with the
14Department under such ordinance or resolution or under this
15Section. The Department shall have full power to administer and
16enforce this Section; to collect all taxes and penalties due
17hereunder; to dispose of taxes and penalties so collected in
18the manner hereinafter provided, and to determine all rights to
19credit memoranda, arising on account of the erroneous payment
20of tax or penalty hereunder. In the administration of, and
21compliance with, this Section, the Department and persons who
22are subject to this Section shall have the same rights,
23remedies, privileges, immunities, powers and duties, and be
24subject to the same conditions, restrictions, limitations,
25penalties and definitions of terms, and employ the same modes
26of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,

 

 

SB2217- 463 -LRB100 13147 JWD 27539 b

11e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
2therein other than the State rate of tax), 2c, 3 (except as to
3the disposition of taxes and penalties collected), 4, 5, 5a,
45b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
57, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
6and Section 3-7 of the Uniform Penalty and Interest Act as
7fully as if those provisions were set forth herein.
8    No municipality may impose a tax under this Section unless
9the municipality also imposes a tax at the same rate under
10Section 8-11-1.4 of this Code.
11    Persons subject to any tax imposed pursuant to the
12authority granted in this Section may reimburse themselves for
13their seller's tax liability hereunder by separately stating
14such tax as an additional charge, which charge may be stated in
15combination, in a single amount, with State tax which sellers
16are required to collect under the Use Tax Act, pursuant to such
17bracket schedules as the Department may prescribe.
18    Whenever the Department determines that a refund should be
19made under this Section to a claimant instead of issuing a
20credit memorandum, the Department shall notify the State
21Comptroller, who shall cause the order to be drawn for the
22amount specified, and to the person named, in such notification
23from the Department. Such refund shall be paid by the State
24Treasurer out of the non-home rule municipal retailers'
25occupation tax fund.
26    The Department shall forthwith pay over to the State

 

 

SB2217- 464 -LRB100 13147 JWD 27539 b

1Treasurer, ex officio, as trustee, all taxes and penalties
2collected hereunder.
3    As soon as possible after the first day of each month,
4beginning January 1, 2011, upon certification of the Department
5of Revenue, the Comptroller shall order transferred, and the
6Treasurer shall transfer, to the STAR Bonds Revenue Fund the
7local sales tax increment, as defined in the Innovation
8Development and Economy Act, collected under this Section
9during the second preceding calendar month for sales within a
10STAR bond district.
11    After the monthly transfer to the STAR Bonds Revenue Fund,
12on or before the 25th day of each calendar month, the
13Department shall prepare and certify to the Comptroller the
14disbursement of stated sums of money to named municipalities,
15the municipalities to be those from which retailers have paid
16taxes or penalties hereunder to the Department during the
17second preceding calendar month. The amount to be paid to each
18municipality shall be the amount (not including credit
19memoranda) collected hereunder during the second preceding
20calendar month by the Department plus an amount the Department
21determines is necessary to offset any amounts which were
22erroneously paid to a different taxing body, and not including
23an amount equal to the amount of refunds made during the second
24preceding calendar month by the Department on behalf of such
25municipality, and not including any amount which the Department
26determines is necessary to offset any amounts which were

 

 

SB2217- 465 -LRB100 13147 JWD 27539 b

1payable to a different taxing body but were erroneously paid to
2the municipality, and not including any amounts that are
3transferred to the STAR Bonds Revenue Fund, less 2% of the
4remainder, which the Department shall transfer into the Tax
5Compliance and Administration Fund. The Department, at the time
6of each monthly disbursement to the municipalities, shall
7prepare and certify to the State Comptroller the amount to be
8transferred into the Tax Compliance and Administration Fund
9under this Section. Within 10 days after receipt, by the
10Comptroller, of the disbursement certification to the
11municipalities and the Tax Compliance and Administration Fund ,
12provided for in this Section to be given to the Comptroller by
13the Department, the Comptroller shall cause the orders to be
14drawn for the respective amounts in accordance with the
15directions contained in such certification.
16    For the purpose of determining the local governmental unit
17whose tax is applicable, a retail sale, by a producer of coal
18or other mineral mined in Illinois, is a sale at retail at the
19place where the coal or other mineral mined in Illinois is
20extracted from the earth. This paragraph does not apply to coal
21or other mineral when it is delivered or shipped by the seller
22to the purchaser at a point outside Illinois so that the sale
23is exempt under the Federal Constitution as a sale in
24interstate or foreign commerce.
25    Nothing in this Section shall be construed to authorize a
26municipality to impose a tax upon the privilege of engaging in

 

 

SB2217- 466 -LRB100 13147 JWD 27539 b

1any business which under the constitution of the United States
2may not be made the subject of taxation by this State.
3    When certifying the amount of a monthly disbursement to a
4municipality under this Section, the Department shall increase
5or decrease such amount by an amount necessary to offset any
6misallocation of previous disbursements. The offset amount
7shall be the amount erroneously disbursed within the previous 6
8months from the time a misallocation is discovered.
9    The Department of Revenue shall implement this amendatory
10Act of the 91st General Assembly so as to collect the tax on
11and after January 1, 2002.
12    As used in this Section, "municipal" and "municipality"
13means a city, village or incorporated town, including an
14incorporated town which has superseded a civil township.
15    This Section shall be known and may be cited as the
16"Non-Home Rule Municipal Retailers' Occupation Tax Act".
17(Source: P.A. 99-217, eff. 7-31-15.)
 
18    (65 ILCS 5/8-11-1.4)  (from Ch. 24, par. 8-11-1.4)
19    Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation
20Tax Act. The corporate authorities of a non-home rule
21municipality may impose a tax upon all persons engaged, in such
22municipality, in the business of making sales of service for
23expenditure on public infrastructure or for property tax relief
24or both as defined in Section 8-11-1.2 if approved by
25referendum as provided in Section 8-11-1.1, of the selling

 

 

SB2217- 467 -LRB100 13147 JWD 27539 b

1price of all tangible personal property transferred by such
2servicemen either in the form of tangible personal property or
3in the form of real estate as an incident to a sale of service.
4If the tax is approved by referendum on or after July 14, 2010
5(the effective date of Public Act 96-1057), the corporate
6authorities of a non-home rule municipality may, until December
731, 2020, use the proceeds of the tax for expenditure on
8municipal operations, in addition to or in lieu of any
9expenditure on public infrastructure or for property tax
10relief. The tax imposed may not be more than 1% and may be
11imposed only in 1/4% increments. The tax may not be imposed on
12the sale of food for human consumption that is to be consumed
13off the premises where it is sold (other than alcoholic
14beverages, soft drinks, and food that has been prepared for
15immediate consumption) and prescription and nonprescription
16medicines, drugs, medical appliances, and insulin, urine
17testing materials, syringes, and needles used by diabetics. The
18tax imposed by a municipality pursuant to this Section and all
19civil penalties that may be assessed as an incident thereof
20shall be collected and enforced by the State Department of
21Revenue. The certificate of registration which is issued by the
22Department to a retailer under the Retailers' Occupation Tax
23Act or under the Service Occupation Tax Act shall permit such
24registrant to engage in a business which is taxable under any
25ordinance or resolution enacted pursuant to this Section
26without registering separately with the Department under such

 

 

SB2217- 468 -LRB100 13147 JWD 27539 b

1ordinance or resolution or under this Section. The Department
2shall have full power to administer and enforce this Section;
3to collect all taxes and penalties due hereunder; to dispose of
4taxes and penalties so collected in the manner hereinafter
5provided, and to determine all rights to credit memoranda
6arising on account of the erroneous payment of tax or penalty
7hereunder. In the administration of, and compliance with, this
8Section the Department and persons who are subject to this
9Section shall have the same rights, remedies, privileges,
10immunities, powers and duties, and be subject to the same
11conditions, restrictions, limitations, penalties and
12definitions of terms, and employ the same modes of procedure,
13as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
14respect to all provisions therein other than the State rate of
15tax), 4 (except that the reference to the State shall be to the
16taxing municipality), 5, 7, 8 (except that the jurisdiction to
17which the tax shall be a debt to the extent indicated in that
18Section 8 shall be the taxing municipality), 9 (except as to
19the disposition of taxes and penalties collected, and except
20that the returned merchandise credit for this municipal tax may
21not be taken against any State tax), 10, 11, 12 (except the
22reference therein to Section 2b of the Retailers' Occupation
23Tax Act), 13 (except that any reference to the State shall mean
24the taxing municipality), the first paragraph of Section 15,
2516, 17, 18, 19 and 20 of the Service Occupation Tax Act and
26Section 3-7 of the Uniform Penalty and Interest Act, as fully

 

 

SB2217- 469 -LRB100 13147 JWD 27539 b

1as if those provisions were set forth herein.
2    No municipality may impose a tax under this Section unless
3the municipality also imposes a tax at the same rate under
4Section 8-11-1.3 of this Code.
5    Persons subject to any tax imposed pursuant to the
6authority granted in this Section may reimburse themselves for
7their serviceman's tax liability hereunder by separately
8stating such tax as an additional charge, which charge may be
9stated in combination, in a single amount, with State tax which
10servicemen are authorized to collect under the Service Use Tax
11Act, pursuant to such bracket schedules as the Department may
12prescribe.
13    Whenever the Department determines that a refund should be
14made under this Section to a claimant instead of issuing credit
15memorandum, the Department shall notify the State Comptroller,
16who shall cause the order to be drawn for the amount specified,
17and to the person named, in such notification from the
18Department. Such refund shall be paid by the State Treasurer
19out of the municipal retailers' occupation tax fund.
20    The Department shall forthwith pay over to the State
21Treasurer, ex officio, as trustee, all taxes and penalties
22collected hereunder.
23    As soon as possible after the first day of each month,
24beginning January 1, 2011, upon certification of the Department
25of Revenue, the Comptroller shall order transferred, and the
26Treasurer shall transfer, to the STAR Bonds Revenue Fund the

 

 

SB2217- 470 -LRB100 13147 JWD 27539 b

1local sales tax increment, as defined in the Innovation
2Development and Economy Act, collected under this Section
3during the second preceding calendar month for sales within a
4STAR bond district.
5    After the monthly transfer to the STAR Bonds Revenue Fund,
6on or before the 25th day of each calendar month, the
7Department shall prepare and certify to the Comptroller the
8disbursement of stated sums of money to named municipalities,
9the municipalities to be those from which suppliers and
10servicemen have paid taxes or penalties hereunder to the
11Department during the second preceding calendar month. The
12amount to be paid to each municipality shall be the amount (not
13including credit memoranda) collected hereunder during the
14second preceding calendar month by the Department, and not
15including an amount equal to the amount of refunds made during
16the second preceding calendar month by the Department on behalf
17of such municipality, and not including any amounts that are
18transferred to the STAR Bonds Revenue Fund, less 2% of the
19remainder, which the Department shall transfer into the Tax
20Compliance and Administration Fund. The Department, at the time
21of each monthly disbursement to the municipalities, shall
22prepare and certify to the State Comptroller the amount to be
23transferred into the Tax Compliance and Administration Fund
24under this Section. Within 10 days after receipt, by the
25Comptroller, of the disbursement certification to the
26municipalities, and the General Revenue Fund, and the Tax

 

 

SB2217- 471 -LRB100 13147 JWD 27539 b

1Compliance and Administration Fund provided for in this Section
2to be given to the Comptroller by the Department, the
3Comptroller shall cause the orders to be drawn for the
4respective amounts in accordance with the directions contained
5in such certification.
6    The Department of Revenue shall implement this amendatory
7Act of the 91st General Assembly so as to collect the tax on
8and after January 1, 2002.
9    Nothing in this Section shall be construed to authorize a
10municipality to impose a tax upon the privilege of engaging in
11any business which under the constitution of the United States
12may not be made the subject of taxation by this State.
13    As used in this Section, "municipal" or "municipality"
14means or refers to a city, village or incorporated town,
15including an incorporated town which has superseded a civil
16township.
17    This Section shall be known and may be cited as the
18"Non-Home Rule Municipal Service Occupation Tax Act".
19(Source: P.A. 96-939, eff. 6-24-10; 96-1057, eff. 7-14-10;
2097-333, eff. 8-12-11; 97-837, eff. 7-20-12.)
 
21    (65 ILCS 5/8-11-1.6)
22    Sec. 8-11-1.6. Non-home rule municipal retailers
23occupation tax; municipalities between 20,000 and 25,000. The
24corporate authorities of a non-home rule municipality with a
25population of more than 20,000 but less than 25,000 that has,

 

 

SB2217- 472 -LRB100 13147 JWD 27539 b

1prior to January 1, 1987, established a Redevelopment Project
2Area that has been certified as a State Sales Tax Boundary and
3has issued bonds or otherwise incurred indebtedness to pay for
4costs in excess of $5,000,000, which is secured in part by a
5tax increment allocation fund, in accordance with the
6provisions of Division 11-74.4 of this Code may, by passage of
7an ordinance, impose a tax upon all persons engaged in the
8business of selling tangible personal property, other than on
9an item of tangible personal property that is titled and
10registered by an agency of this State's Government, at retail
11in the municipality. This tax may not be imposed on the sales
12of food for human consumption that is to be consumed off the
13premises where it is sold (other than alcoholic beverages, soft
14drinks, and food that has been prepared for immediate
15consumption) and prescription and nonprescription medicines,
16drugs, medical appliances and insulin, urine testing
17materials, syringes, and needles used by diabetics. If imposed,
18the tax shall only be imposed in .25% increments of the gross
19receipts from such sales made in the course of business. Any
20tax imposed by a municipality under this Section and all civil
21penalties that may be assessed as an incident thereof shall be
22collected and enforced by the State Department of Revenue. An
23ordinance imposing a tax hereunder or effecting a change in the
24rate thereof shall be adopted and a certified copy thereof
25filed with the Department on or before the first day of
26October, whereupon the Department shall proceed to administer

 

 

SB2217- 473 -LRB100 13147 JWD 27539 b

1and enforce this Section as of the first day of January next
2following such adoption and filing. The certificate of
3registration that is issued by the Department to a retailer
4under the Retailers' Occupation Tax Act shall permit the
5retailer to engage in a business that is taxable under any
6ordinance or resolution enacted under this Section without
7registering separately with the Department under the ordinance
8or resolution or under this Section. The Department shall have
9full power to administer and enforce this Section, to collect
10all taxes and penalties due hereunder, to dispose of taxes and
11penalties so collected in the manner hereinafter provided, and
12to determine all rights to credit memoranda, arising on account
13of the erroneous payment of tax or penalty hereunder. In the
14administration of, and compliance with this Section, the
15Department and persons who are subject to this Section shall
16have the same rights, remedies, privileges, immunities,
17powers, and duties, and be subject to the same conditions,
18restrictions, limitations, penalties, and definitions of
19terms, and employ the same modes of procedure, as are
20prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2
21through 2-65 (in respect to all provisions therein other than
22the State rate of tax), 2c, 3 (except as to the disposition of
23taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
245g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12
25and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
26the Uniform Penalty and Interest Act as fully as if those

 

 

SB2217- 474 -LRB100 13147 JWD 27539 b

1provisions were set forth herein.
2    A tax may not be imposed by a municipality under this
3Section unless the municipality also imposes a tax at the same
4rate under Section 8-11-1.7 of this Act.
5    Persons subject to any tax imposed under the authority
6granted in this Section, may reimburse themselves for their
7seller's tax liability hereunder by separately stating the tax
8as an additional charge, which charge may be stated in
9combination, in a single amount, with State tax which sellers
10are required to collect under the Use Tax Act, pursuant to such
11bracket schedules as the Department may prescribe.
12    Whenever the Department determines that a refund should be
13made under this Section to a claimant, instead of issuing a
14credit memorandum, the Department shall notify the State
15Comptroller, who shall cause the order to be drawn for the
16amount specified, and to the person named in the notification
17from the Department. The refund shall be paid by the State
18Treasurer out of the Non-Home Rule Municipal Retailers'
19Occupation Tax Fund, which is hereby created.
20    The Department shall forthwith pay over to the State
21Treasurer, ex officio, as trustee, all taxes and penalties
22collected hereunder.
23    As soon as possible after the first day of each month,
24beginning January 1, 2011, upon certification of the Department
25of Revenue, the Comptroller shall order transferred, and the
26Treasurer shall transfer, to the STAR Bonds Revenue Fund the

 

 

SB2217- 475 -LRB100 13147 JWD 27539 b

1local sales tax increment, as defined in the Innovation
2Development and Economy Act, collected under this Section
3during the second preceding calendar month for sales within a
4STAR bond district.
5    After the monthly transfer to the STAR Bonds Revenue Fund,
6on or before the 25th day of each calendar month, the
7Department shall prepare and certify to the Comptroller the
8disbursement of stated sums of money to named municipalities,
9the municipalities to be those from which retailers have paid
10taxes or penalties hereunder to the Department during the
11second preceding calendar month. The amount to be paid to each
12municipality shall be the amount (not including credit
13memoranda) collected hereunder during the second preceding
14calendar month by the Department plus an amount the Department
15determines is necessary to offset any amounts that were
16erroneously paid to a different taxing body, and not including
17an amount equal to the amount of refunds made during the second
18preceding calendar month by the Department on behalf of the
19municipality, and not including any amount that the Department
20determines is necessary to offset any amounts that were payable
21to a different taxing body but were erroneously paid to the
22municipality, and not including any amounts that are
23transferred to the STAR Bonds Revenue Fund, less 2% of the
24remainder, which the Department shall transfer into the Tax
25Compliance and Administration Fund. The Department, at the time
26of each monthly disbursement to the municipalities, shall

 

 

SB2217- 476 -LRB100 13147 JWD 27539 b

1prepare and certify to the State Comptroller the amount to be
2transferred into the Tax Compliance and Administration Fund
3under this Section. Within 10 days after receipt by the
4Comptroller of the disbursement certification to the
5municipalities and the Tax Compliance and Administration Fund
6provided for in this Section to be given to the Comptroller by
7the Department, the Comptroller shall cause the orders to be
8drawn for the respective amounts in accordance with the
9directions contained in the certification.
10    For the purpose of determining the local governmental unit
11whose tax is applicable, a retail sale by a producer of coal or
12other mineral mined in Illinois is a sale at retail at the
13place where the coal or other mineral mined in Illinois is
14extracted from the earth. This paragraph does not apply to coal
15or other mineral when it is delivered or shipped by the seller
16to the purchaser at a point outside Illinois so that the sale
17is exempt under the federal Constitution as a sale in
18interstate or foreign commerce.
19    Nothing in this Section shall be construed to authorize a
20municipality to impose a tax upon the privilege of engaging in
21any business which under the constitution of the United States
22may not be made the subject of taxation by this State.
23    When certifying the amount of a monthly disbursement to a
24municipality under this Section, the Department shall increase
25or decrease the amount by an amount necessary to offset any
26misallocation of previous disbursements. The offset amount

 

 

SB2217- 477 -LRB100 13147 JWD 27539 b

1shall be the amount erroneously disbursed within the previous 6
2months from the time a misallocation is discovered.
3    As used in this Section, "municipal" and "municipality"
4means a city, village, or incorporated town, including an
5incorporated town that has superseded a civil township.
6(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16.)
 
7    (65 ILCS 5/8-11-1.7)
8    Sec. 8-11-1.7. Non-home rule municipal service occupation
9tax; municipalities between 20,000 and 25,000. The corporate
10authorities of a non-home rule municipality with a population
11of more than 20,000 but less than 25,000 as determined by the
12last preceding decennial census that has, prior to January 1,
131987, established a Redevelopment Project Area that has been
14certified as a State Sales Tax Boundary and has issued bonds or
15otherwise incurred indebtedness to pay for costs in excess of
16$5,000,000, which is secured in part by a tax increment
17allocation fund, in accordance with the provisions of Division
1811-74.4 of this Code may, by passage of an ordinance, impose a
19tax upon all persons engaged in the municipality in the
20business of making sales of service. If imposed, the tax shall
21only be imposed in .25% increments of the selling price of all
22tangible personal property transferred by such servicemen
23either in the form of tangible personal property or in the form
24of real estate as an incident to a sale of service. This tax
25may not be imposed on the sales of food for human consumption

 

 

SB2217- 478 -LRB100 13147 JWD 27539 b

1that is to be consumed off the premises where it is sold (other
2than alcoholic beverages, soft drinks, and food that has been
3prepared for immediate consumption) and prescription and
4nonprescription medicines, drugs, medical appliances and
5insulin, urine testing materials, syringes, and needles used by
6diabetics. The tax imposed by a municipality under this Sec.
7and all civil penalties that may be assessed as an incident
8thereof shall be collected and enforced by the State Department
9of Revenue. An ordinance imposing a tax hereunder or effecting
10a change in the rate thereof shall be adopted and a certified
11copy thereof filed with the Department on or before the first
12day of October, whereupon the Department shall proceed to
13administer and enforce this Section as of the first day of
14January next following such adoption and filing. The
15certificate of registration that is issued by the Department to
16a retailer under the Retailers' Occupation Tax Act or under the
17Service Occupation Tax Act shall permit the registrant to
18engage in a business that is taxable under any ordinance or
19resolution enacted under this Section without registering
20separately with the Department under the ordinance or
21resolution or under this Section. The Department shall have
22full power to administer and enforce this Section, to collect
23all taxes and penalties due hereunder, to dispose of taxes and
24penalties so collected in a manner hereinafter provided, and to
25determine all rights to credit memoranda arising on account of
26the erroneous payment of tax or penalty hereunder. In the

 

 

SB2217- 479 -LRB100 13147 JWD 27539 b

1administration of and compliance with this Section, the
2Department and persons who are subject to this Section shall
3have the same rights, remedies, privileges, immunities,
4powers, and duties, and be subject to the same conditions,
5restrictions, limitations, penalties and definitions of terms,
6and employ the same modes of procedure, as are prescribed in
7Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
8provisions therein other than the State rate of tax), 4 (except
9that the reference to the State shall be to the taxing
10municipality), 5, 7, 8 (except that the jurisdiction to which
11the tax shall be a debt to the extent indicated in that Section
128 shall be the taxing municipality), 9 (except as to the
13disposition of taxes and penalties collected, and except that
14the returned merchandise credit for this municipal tax may not
15be taken against any State tax), 10, 11, 12, (except the
16reference therein to Section 2b of the Retailers' Occupation
17Tax Act), 13 (except that any reference to the State shall mean
18the taxing municipality), the first paragraph of Sections 15,
1916, 17, 18, 19, and 20 of the Service Occupation Tax Act and
20Section 3-7 of the Uniform Penalty and Interest Act, as fully
21as if those provisions were set forth herein.
22    A tax may not be imposed by a municipality under this
23Section unless the municipality also imposes a tax at the same
24rate under Section 8-11-1.6 of this Act.
25    Person subject to any tax imposed under the authority
26granted in this Section may reimburse themselves for their

 

 

SB2217- 480 -LRB100 13147 JWD 27539 b

1servicemen's tax liability hereunder by separately stating the
2tax as an additional charge, which charge may be stated in
3combination, in a single amount, with State tax that servicemen
4are authorized to collect under the Service Use Tax Act, under
5such bracket schedules as the Department may prescribe.
6    Whenever the Department determines that a refund should be
7made under this Section to a claimant instead of issuing credit
8memorandum, the Department shall notify the State Comptroller,
9who shall cause the order to be drawn for the amount specified,
10and to the person named, in such notification from the
11Department. The refund shall be paid by the State Treasurer out
12of the Non-Home Rule Municipal Retailers' Occupation Tax Fund.
13    The Department shall forthwith pay over to the State
14Treasurer, ex officio, as trustee, all taxes and penalties
15collected hereunder.
16    As soon as possible after the first day of each month,
17beginning January 1, 2011, upon certification of the Department
18of Revenue, the Comptroller shall order transferred, and the
19Treasurer shall transfer, to the STAR Bonds Revenue Fund the
20local sales tax increment, as defined in the Innovation
21Development and Economy Act, collected under this Section
22during the second preceding calendar month for sales within a
23STAR bond district.
24    After the monthly transfer to the STAR Bonds Revenue Fund,
25on or before the 25th day of each calendar month, the
26Department shall prepare and certify to the Comptroller the

 

 

SB2217- 481 -LRB100 13147 JWD 27539 b

1disbursement of stated sums of money to named municipalities,
2the municipalities to be those from which suppliers and
3servicemen have paid taxes or penalties hereunder to the
4Department during the second preceding calendar month. The
5amount to be paid to each municipality shall be the amount (not
6including credit memoranda) collected hereunder during the
7second preceding calendar month by the Department, and not
8including an amount equal to the amount of refunds made during
9the second preceding calendar month by the Department on behalf
10of such municipality, and not including any amounts that are
11transferred to the STAR Bonds Revenue Fund, less 2% of the
12remainder, which the Department shall transfer into the Tax
13Compliance and Administration Fund. The Department, at the time
14of each monthly disbursement to the municipalities, shall
15prepare and certify to the State Comptroller the amount to be
16transferred into the Tax Compliance and Administration Fund
17under this Section. Within 10 days after receipt by the
18Comptroller of the disbursement certification to the
19municipalities, the Tax Compliance and Administration Fund,
20and the General Revenue Fund, provided for in this Section to
21be given to the Comptroller by the Department, the Comptroller
22shall cause the orders to be drawn for the respective amounts
23in accordance with the directions contained in the
24certification.
25    When certifying the amount of a monthly disbursement to a
26municipality under this Section, the Department shall increase

 

 

SB2217- 482 -LRB100 13147 JWD 27539 b

1or decrease the amount by an amount necessary to offset any
2misallocation of previous disbursements. The offset amount
3shall be the amount erroneously disbursed within the previous 6
4months from the time a misallocation is discovered.
5    Nothing in this Section shall be construed to authorize a
6municipality to impose a tax upon the privilege of engaging in
7any business which under the constitution of the United States
8may not be made the subject of taxation by this State.
9(Source: P.A. 96-939, eff. 6-24-10; 97-813, eff. 7-13-12.)
 
10    (65 ILCS 5/8-11-5)  (from Ch. 24, par. 8-11-5)
11    Sec. 8-11-5. Home Rule Municipal Service Occupation Tax
12Act. The corporate authorities of a home rule municipality may
13impose a tax upon all persons engaged, in such municipality, in
14the business of making sales of service at the same rate of tax
15imposed pursuant to Section 8-11-1, of the selling price of all
16tangible personal property transferred by such servicemen
17either in the form of tangible personal property or in the form
18of real estate as an incident to a sale of service. If imposed,
19such tax shall only be imposed in 1/4% increments. On and after
20September 1, 1991, this additional tax may not be imposed on
21the sales of food for human consumption which is to be consumed
22off the premises where it is sold (other than alcoholic
23beverages, soft drinks and food which has been prepared for
24immediate consumption) and prescription and nonprescription
25medicines, drugs, medical appliances and insulin, urine

 

 

SB2217- 483 -LRB100 13147 JWD 27539 b

1testing materials, syringes and needles used by diabetics. The
2tax imposed by a home rule municipality pursuant to this
3Section and all civil penalties that may be assessed as an
4incident thereof shall be collected and enforced by the State
5Department of Revenue. The certificate of registration which is
6issued by the Department to a retailer under the Retailers'
7Occupation Tax Act or under the Service Occupation Tax Act
8shall permit such registrant to engage in a business which is
9taxable under any ordinance or resolution enacted pursuant to
10this Section without registering separately with the
11Department under such ordinance or resolution or under this
12Section. The Department shall have full power to administer and
13enforce this Section; to collect all taxes and penalties due
14hereunder; to dispose of taxes and penalties so collected in
15the manner hereinafter provided, and to determine all rights to
16credit memoranda arising on account of the erroneous payment of
17tax or penalty hereunder. In the administration of, and
18compliance with, this Section the Department and persons who
19are subject to this Section shall have the same rights,
20remedies, privileges, immunities, powers and duties, and be
21subject to the same conditions, restrictions, limitations,
22penalties and definitions of terms, and employ the same modes
23of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3
24through 3-50 (in respect to all provisions therein other than
25the State rate of tax), 4 (except that the reference to the
26State shall be to the taxing municipality), 5, 7, 8 (except

 

 

SB2217- 484 -LRB100 13147 JWD 27539 b

1that the jurisdiction to which the tax shall be a debt to the
2extent indicated in that Section 8 shall be the taxing
3municipality), 9 (except as to the disposition of taxes and
4penalties collected, and except that the returned merchandise
5credit for this municipal tax may not be taken against any
6State tax), 10, 11, 12 (except the reference therein to Section
72b of the Retailers' Occupation Tax Act), 13 (except that any
8reference to the State shall mean the taxing municipality), the
9first paragraph of Section 15, 16, 17 (except that credit
10memoranda issued hereunder may not be used to discharge any
11State tax liability), 18, 19 and 20 of the Service Occupation
12Tax Act and Section 3-7 of the Uniform Penalty and Interest
13Act, as fully as if those provisions were set forth herein.
14    No tax may be imposed by a home rule municipality pursuant
15to this Section unless such municipality also imposes a tax at
16the same rate pursuant to Section 8-11-1 of this Act.
17    Persons subject to any tax imposed pursuant to the
18authority granted in this Section may reimburse themselves for
19their serviceman's tax liability hereunder by separately
20stating such tax as an additional charge, which charge may be
21stated in combination, in a single amount, with State tax which
22servicemen are authorized to collect under the Service Use Tax
23Act, pursuant to such bracket schedules as the Department may
24prescribe.
25    Whenever the Department determines that a refund should be
26made under this Section to a claimant instead of issuing credit

 

 

SB2217- 485 -LRB100 13147 JWD 27539 b

1memorandum, the Department shall notify the State Comptroller,
2who shall cause the order to be drawn for the amount specified,
3and to the person named, in such notification from the
4Department. Such refund shall be paid by the State Treasurer
5out of the home rule municipal retailers' occupation tax fund.
6    The Department shall forthwith pay over to the State
7Treasurer, ex-officio, as trustee, all taxes and penalties
8collected hereunder.
9    As soon as possible after the first day of each month,
10beginning January 1, 2011, upon certification of the Department
11of Revenue, the Comptroller shall order transferred, and the
12Treasurer shall transfer, to the STAR Bonds Revenue Fund the
13local sales tax increment, as defined in the Innovation
14Development and Economy Act, collected under this Section
15during the second preceding calendar month for sales within a
16STAR bond district.
17    After the monthly transfer to the STAR Bonds Revenue Fund,
18on or before the 25th day of each calendar month, the
19Department shall prepare and certify to the Comptroller the
20disbursement of stated sums of money to named municipalities,
21the municipalities to be those from which suppliers and
22servicemen have paid taxes or penalties hereunder to the
23Department during the second preceding calendar month. The
24amount to be paid to each municipality shall be the amount (not
25including credit memoranda) collected hereunder during the
26second preceding calendar month by the Department, and not

 

 

SB2217- 486 -LRB100 13147 JWD 27539 b

1including an amount equal to the amount of refunds made during
2the second preceding calendar month by the Department on behalf
3of such municipality, and not including any amounts that are
4transferred to the STAR Bonds Revenue Fund, less 2% of the
5remainder, which the Department shall transfer into the Tax
6Compliance and Administration Fund. The Department, at the time
7of each monthly disbursement to the municipalities, shall
8prepare and certify to the State Comptroller the amount to be
9transferred into the Tax Compliance and Administration Fund
10under this Section. Within 10 days after receipt, by the
11Comptroller, of the disbursement certification to the
12municipalities and the Tax Compliance and Administration Fund ,
13provided for in this Section to be given to the Comptroller by
14the Department, the Comptroller shall cause the orders to be
15drawn for the respective amounts in accordance with the
16directions contained in such certification.
17    In addition to the disbursement required by the preceding
18paragraph and in order to mitigate delays caused by
19distribution procedures, an allocation shall, if requested, be
20made within 10 days after January 14, 1991, and in November of
211991 and each year thereafter, to each municipality that
22received more than $500,000 during the preceding fiscal year,
23(July 1 through June 30) whether collected by the municipality
24or disbursed by the Department as required by this Section.
25Within 10 days after January 14, 1991, participating
26municipalities shall notify the Department in writing of their

 

 

SB2217- 487 -LRB100 13147 JWD 27539 b

1intent to participate. In addition, for the initial
2distribution, participating municipalities shall certify to
3the Department the amounts collected by the municipality for
4each month under its home rule occupation and service
5occupation tax during the period July 1, 1989 through June 30,
61990. The allocation within 10 days after January 14, 1991,
7shall be in an amount equal to the monthly average of these
8amounts, excluding the 2 months of highest receipts. Monthly
9average for the period of July 1, 1990 through June 30, 1991
10will be determined as follows: the amounts collected by the
11municipality under its home rule occupation and service
12occupation tax during the period of July 1, 1990 through
13September 30, 1990, plus amounts collected by the Department
14and paid to such municipality through June 30, 1991, excluding
15the 2 months of highest receipts. The monthly average for each
16subsequent period of July 1 through June 30 shall be an amount
17equal to the monthly distribution made to each such
18municipality under the preceding paragraph during this period,
19excluding the 2 months of highest receipts. The distribution
20made in November 1991 and each year thereafter under this
21paragraph and the preceding paragraph shall be reduced by the
22amount allocated and disbursed under this paragraph in the
23preceding period of July 1 through June 30. The Department
24shall prepare and certify to the Comptroller for disbursement
25the allocations made in accordance with this paragraph.
26    Nothing in this Section shall be construed to authorize a

 

 

SB2217- 488 -LRB100 13147 JWD 27539 b

1municipality to impose a tax upon the privilege of engaging in
2any business which under the constitution of the United States
3may not be made the subject of taxation by this State.
4    An ordinance or resolution imposing or discontinuing a tax
5hereunder or effecting a change in the rate thereof shall be
6adopted and a certified copy thereof filed with the Department
7on or before the first day of June, whereupon the Department
8shall proceed to administer and enforce this Section as of the
9first day of September next following such adoption and filing.
10Beginning January 1, 1992, an ordinance or resolution imposing
11or discontinuing the tax hereunder or effecting a change in the
12rate thereof shall be adopted and a certified copy thereof
13filed with the Department on or before the first day of July,
14whereupon the Department shall proceed to administer and
15enforce this Section as of the first day of October next
16following such adoption and filing. Beginning January 1, 1993,
17an ordinance or resolution imposing or discontinuing the tax
18hereunder or effecting a change in the rate thereof shall be
19adopted and a certified copy thereof filed with the Department
20on or before the first day of October, whereupon the Department
21shall proceed to administer and enforce this Section as of the
22first day of January next following such adoption and filing.
23However, a municipality located in a county with a population
24in excess of 3,000,000 that elected to become a home rule unit
25at the general primary election in 1994 may adopt an ordinance
26or resolution imposing the tax under this Section and file a

 

 

SB2217- 489 -LRB100 13147 JWD 27539 b

1certified copy of the ordinance or resolution with the
2Department on or before July 1, 1994. The Department shall then
3proceed to administer and enforce this Section as of October 1,
41994. Beginning April 1, 1998, an ordinance or resolution
5imposing or discontinuing the tax hereunder or effecting a
6change in the rate thereof shall either (i) be adopted and a
7certified copy thereof filed with the Department on or before
8the first day of April, whereupon the Department shall proceed
9to administer and enforce this Section as of the first day of
10July next following the adoption and filing; or (ii) be adopted
11and a certified copy thereof filed with the Department on or
12before the first day of October, whereupon the Department shall
13proceed to administer and enforce this Section as of the first
14day of January next following the adoption and filing.
15    Any unobligated balance remaining in the Municipal
16Retailers' Occupation Tax Fund on December 31, 1989, which fund
17was abolished by Public Act 85-1135, and all receipts of
18municipal tax as a result of audits of liability periods prior
19to January 1, 1990, shall be paid into the Local Government Tax
20Fund, for distribution as provided by this Section prior to the
21enactment of Public Act 85-1135. All receipts of municipal tax
22as a result of an assessment not arising from an audit, for
23liability periods prior to January 1, 1990, shall be paid into
24the Local Government Tax Fund for distribution before July 1,
251990, as provided by this Section prior to the enactment of
26Public Act 85-1135, and on and after July 1, 1990, all such

 

 

SB2217- 490 -LRB100 13147 JWD 27539 b

1receipts shall be distributed as provided in Section 6z-18 of
2the State Finance Act.
3    As used in this Section, "municipal" and "municipality"
4means a city, village or incorporated town, including an
5incorporated town which has superseded a civil township.
6    This Section shall be known and may be cited as the Home
7Rule Municipal Service Occupation Tax Act.
8(Source: P.A. 96-939, eff. 6-24-10.)
 
9    Section 50-25. The Metropolitan Pier and Exposition
10Authority Act is amended by changing Section 13 as follows:
 
11    (70 ILCS 210/13)  (from Ch. 85, par. 1233)
12    Sec. 13. (a) The Authority shall not have power to levy
13taxes for any purpose, except as provided in subsections (b),
14(c), (d), (e), and (f).
15    (b) By ordinance the Authority shall, as soon as
16practicable after the effective date of this amendatory Act of
171991, impose a Metropolitan Pier and Exposition Authority
18Retailers' Occupation Tax upon all persons engaged in the
19business of selling tangible personal property at retail within
20the territory described in this subsection at the rate of 1.0%
21of the gross receipts (i) from the sale of food, alcoholic
22beverages, and soft drinks sold for consumption on the premises
23where sold and (ii) from the sale of food, alcoholic beverages,
24and soft drinks sold for consumption off the premises where

 

 

SB2217- 491 -LRB100 13147 JWD 27539 b

1sold by a retailer whose principal source of gross receipts is
2from the sale of food, alcoholic beverages, and soft drinks
3prepared for immediate consumption.
4    The tax imposed under this subsection and all civil
5penalties that may be assessed as an incident to that tax shall
6be collected and enforced by the Illinois Department of
7Revenue. The Department shall have full power to administer and
8enforce this subsection, to collect all taxes and penalties so
9collected in the manner provided in this subsection, and to
10determine all rights to credit memoranda arising on account of
11the erroneous payment of tax or penalty under this subsection.
12In the administration of and compliance with this subsection,
13the Department and persons who are subject to this subsection
14shall have the same rights, remedies, privileges, immunities,
15powers, and duties, shall be subject to the same conditions,
16restrictions, limitations, penalties, exclusions, exemptions,
17and definitions of terms, and shall employ the same modes of
18procedure applicable to this Retailers' Occupation Tax as are
19prescribed in Sections 1, 2 through 2-65 (in respect to all
20provisions of those Sections other than the State rate of
21taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
22and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
235j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January
241, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
25after January 1, 1994, all applicable provisions of the Uniform
26Penalty and Interest Act that are not inconsistent with this

 

 

SB2217- 492 -LRB100 13147 JWD 27539 b

1Act, as fully as if provisions contained in those Sections of
2the Retailers' Occupation Tax Act were set forth in this
3subsection.
4    Persons subject to any tax imposed under the authority
5granted in this subsection may reimburse themselves for their
6seller's tax liability under this subsection by separately
7stating that tax as an additional charge, which charge may be
8stated in combination, in a single amount, with State taxes
9that sellers are required to collect under the Use Tax Act,
10pursuant to bracket schedules as the Department may prescribe.
11The retailer filing the return shall, at the time of filing the
12return, pay to the Department the amount of tax imposed under
13this subsection, less a discount of 1.75%, which is allowed to
14reimburse the retailer for the expenses incurred in keeping
15records, preparing and filing returns, remitting the tax, and
16supplying data to the Department on request.
17    Whenever the Department determines that a refund should be
18made under this subsection to a claimant instead of issuing a
19credit memorandum, the Department shall notify the State
20Comptroller, who shall cause a warrant to be drawn for the
21amount specified and to the person named in the notification
22from the Department. The refund shall be paid by the State
23Treasurer out of the Metropolitan Pier and Exposition Authority
24trust fund held by the State Treasurer as trustee for the
25Authority.
26    Nothing in this subsection authorizes the Authority to

 

 

SB2217- 493 -LRB100 13147 JWD 27539 b

1impose a tax upon the privilege of engaging in any business
2that under the Constitution of the United States may not be
3made the subject of taxation by this State.
4    The Department shall forthwith pay over to the State
5Treasurer, ex officio, as trustee for the Authority, all taxes
6and penalties collected under this subsection for deposit into
7a trust fund held outside of the State Treasury.
8    As soon as possible after the first day of each month,
9beginning January 1, 2011, upon certification of the Department
10of Revenue, the Comptroller shall order transferred, and the
11Treasurer shall transfer, to the STAR Bonds Revenue Fund the
12local sales tax increment, as defined in the Innovation
13Development and Economy Act, collected under this subsection
14during the second preceding calendar month for sales within a
15STAR bond district.
16    After the monthly transfer to the STAR Bonds Revenue Fund,
17on or before the 25th day of each calendar month, the
18Department shall prepare and certify to the Comptroller the
19amounts to be paid under subsection (g) of this Section, which
20shall be the amounts, not including credit memoranda, collected
21under this subsection during the second preceding calendar
22month by the Department, less any amounts determined by the
23Department to be necessary for the payment of refunds, less 2%
24of such balance, which sum shall be deposited by the State
25Treasurer into the Tax Compliance and Administration Fund in
26the State Treasury from which it shall be appropriated to the

 

 

SB2217- 494 -LRB100 13147 JWD 27539 b

1Department to cover the costs of the Department in
2administering and enforcing the provisions of this subsection,
3and less any amounts that are transferred to the STAR Bonds
4Revenue Fund. Within 10 days after receipt by the Comptroller
5of the certification, the Comptroller shall cause the orders to
6be drawn for the remaining amounts, and the Treasurer shall
7administer those amounts as required in subsection (g).
8    A certificate of registration issued by the Illinois
9Department of Revenue to a retailer under the Retailers'
10Occupation Tax Act shall permit the registrant to engage in a
11business that is taxed under the tax imposed under this
12subsection, and no additional registration shall be required
13under the ordinance imposing the tax or under this subsection.
14    A certified copy of any ordinance imposing or discontinuing
15any tax under this subsection or effecting a change in the rate
16of that tax shall be filed with the Department, whereupon the
17Department shall proceed to administer and enforce this
18subsection on behalf of the Authority as of the first day of
19the third calendar month following the date of filing.
20    The tax authorized to be levied under this subsection may
21be levied within all or any part of the following described
22portions of the metropolitan area:
23        (1) that portion of the City of Chicago located within
24    the following area: Beginning at the point of intersection
25    of the Cook County - DuPage County line and York Road, then
26    North along York Road to its intersection with Touhy

 

 

SB2217- 495 -LRB100 13147 JWD 27539 b

1    Avenue, then east along Touhy Avenue to its intersection
2    with the Northwest Tollway, then southeast along the
3    Northwest Tollway to its intersection with Lee Street, then
4    south along Lee Street to Higgins Road, then south and east
5    along Higgins Road to its intersection with Mannheim Road,
6    then south along Mannheim Road to its intersection with
7    Irving Park Road, then west along Irving Park Road to its
8    intersection with the Cook County - DuPage County line,
9    then north and west along the county line to the point of
10    beginning; and
11        (2) that portion of the City of Chicago located within
12    the following area: Beginning at the intersection of West
13    55th Street with Central Avenue, then east along West 55th
14    Street to its intersection with South Cicero Avenue, then
15    south along South Cicero Avenue to its intersection with
16    West 63rd Street, then west along West 63rd Street to its
17    intersection with South Central Avenue, then north along
18    South Central Avenue to the point of beginning; and
19        (3) that portion of the City of Chicago located within
20    the following area: Beginning at the point 150 feet west of
21    the intersection of the west line of North Ashland Avenue
22    and the north line of West Diversey Avenue, then north 150
23    feet, then east along a line 150 feet north of the north
24    line of West Diversey Avenue extended to the shoreline of
25    Lake Michigan, then following the shoreline of Lake
26    Michigan (including Navy Pier and all other improvements

 

 

SB2217- 496 -LRB100 13147 JWD 27539 b

1    fixed to land, docks, or piers) to the point where the
2    shoreline of Lake Michigan and the Adlai E. Stevenson
3    Expressway extended east to that shoreline intersect, then
4    west along the Adlai E. Stevenson Expressway to a point 150
5    feet west of the west line of South Ashland Avenue, then
6    north along a line 150 feet west of the west line of South
7    and North Ashland Avenue to the point of beginning.
8    The tax authorized to be levied under this subsection may
9also be levied on food, alcoholic beverages, and soft drinks
10sold on boats and other watercraft departing from and returning
11to the shoreline of Lake Michigan (including Navy Pier and all
12other improvements fixed to land, docks, or piers) described in
13item (3).
14    (c) By ordinance the Authority shall, as soon as
15practicable after the effective date of this amendatory Act of
161991, impose an occupation tax upon all persons engaged in the
17corporate limits of the City of Chicago in the business of
18renting, leasing, or letting rooms in a hotel, as defined in
19the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of
20the gross rental receipts from the renting, leasing, or letting
21of hotel rooms within the City of Chicago, excluding, however,
22from gross rental receipts the proceeds of renting, leasing, or
23letting to permanent residents of a hotel, as defined in that
24Act. Gross rental receipts shall not include charges that are
25added on account of the liability arising from any tax imposed
26by the State or any governmental agency on the occupation of

 

 

SB2217- 497 -LRB100 13147 JWD 27539 b

1renting, leasing, or letting rooms in a hotel.
2    The tax imposed by the Authority under this subsection and
3all civil penalties that may be assessed as an incident to that
4tax shall be collected and enforced by the Illinois Department
5of Revenue. The certificate of registration that is issued by
6the Department to a lessor under the Hotel Operators'
7Occupation Tax Act shall permit that registrant to engage in a
8business that is taxable under any ordinance enacted under this
9subsection without registering separately with the Department
10under that ordinance or under this subsection. The Department
11shall have full power to administer and enforce this
12subsection, to collect all taxes and penalties due under this
13subsection, to dispose of taxes and penalties so collected in
14the manner provided in this subsection, and to determine all
15rights to credit memoranda arising on account of the erroneous
16payment of tax or penalty under this subsection. In the
17administration of and compliance with this subsection, the
18Department and persons who are subject to this subsection shall
19have the same rights, remedies, privileges, immunities,
20powers, and duties, shall be subject to the same conditions,
21restrictions, limitations, penalties, and definitions of
22terms, and shall employ the same modes of procedure as are
23prescribed in the Hotel Operators' Occupation Tax Act (except
24where that Act is inconsistent with this subsection), as fully
25as if the provisions contained in the Hotel Operators'
26Occupation Tax Act were set out in this subsection.

 

 

SB2217- 498 -LRB100 13147 JWD 27539 b

1    Whenever the Department determines that a refund should be
2made under this subsection to a claimant instead of issuing a
3credit memorandum, the Department shall notify the State
4Comptroller, who shall cause a warrant to be drawn for the
5amount specified and to the person named in the notification
6from the Department. The refund shall be paid by the State
7Treasurer out of the Metropolitan Pier and Exposition Authority
8trust fund held by the State Treasurer as trustee for the
9Authority.
10    Persons subject to any tax imposed under the authority
11granted in this subsection may reimburse themselves for their
12tax liability for that tax by separately stating that tax as an
13additional charge, which charge may be stated in combination,
14in a single amount, with State taxes imposed under the Hotel
15Operators' Occupation Tax Act, the municipal tax imposed under
16Section 8-3-13 of the Illinois Municipal Code, and the tax
17imposed under Section 19 of the Illinois Sports Facilities
18Authority Act.
19    The person filing the return shall, at the time of filing
20the return, pay to the Department the amount of tax, less a
21discount of 2.1% or $25 per calendar year, whichever is
22greater, which is allowed to reimburse the operator for the
23expenses incurred in keeping records, preparing and filing
24returns, remitting the tax, and supplying data to the
25Department on request.
26    The Department shall forthwith pay over to the State

 

 

SB2217- 499 -LRB100 13147 JWD 27539 b

1Treasurer, ex officio, as trustee for the Authority, all taxes
2and penalties collected under this subsection for deposit into
3a trust fund held outside the State Treasury. On or before the
425th day of each calendar month, the Department shall certify
5to the Comptroller the amounts to be paid under subsection (g)
6of this Section, which shall be the amounts (not including
7credit memoranda) collected under this subsection during the
8second preceding calendar month by the Department, less any
9amounts determined by the Department to be necessary for
10payment of refunds, less 2% of the remainder, which the
11Department shall transfer into the Tax Compliance and
12Administration Fund. The Department, at the time of each
13monthly disbursement to the Authority, shall prepare and
14certify to the State Comptroller the amount to be transferred
15into the Tax Compliance and Administration Fund under this
16subsection. Within 10 days after receipt by the Comptroller of
17the Department's certification, the Comptroller shall cause
18the orders to be drawn for such amounts, and the Treasurer
19shall administer the those amounts distributed to the Authority
20as required in subsection (g).
21    A certified copy of any ordinance imposing or discontinuing
22a tax under this subsection or effecting a change in the rate
23of that tax shall be filed with the Illinois Department of
24Revenue, whereupon the Department shall proceed to administer
25and enforce this subsection on behalf of the Authority as of
26the first day of the third calendar month following the date of

 

 

SB2217- 500 -LRB100 13147 JWD 27539 b

1filing.
2    (d) By ordinance the Authority shall, as soon as
3practicable after the effective date of this amendatory Act of
41991, impose a tax upon all persons engaged in the business of
5renting automobiles in the metropolitan area at the rate of 6%
6of the gross receipts from that business, except that no tax
7shall be imposed on the business of renting automobiles for use
8as taxicabs or in livery service. The tax imposed under this
9subsection and all civil penalties that may be assessed as an
10incident to that tax shall be collected and enforced by the
11Illinois Department of Revenue. The certificate of
12registration issued by the Department to a retailer under the
13Retailers' Occupation Tax Act or under the Automobile Renting
14Occupation and Use Tax Act shall permit that person to engage
15in a business that is taxable under any ordinance enacted under
16this subsection without registering separately with the
17Department under that ordinance or under this subsection. The
18Department shall have full power to administer and enforce this
19subsection, to collect all taxes and penalties due under this
20subsection, to dispose of taxes and penalties so collected in
21the manner provided in this subsection, and to determine all
22rights to credit memoranda arising on account of the erroneous
23payment of tax or penalty under this subsection. In the
24administration of and compliance with this subsection, the
25Department and persons who are subject to this subsection shall
26have the same rights, remedies, privileges, immunities,

 

 

SB2217- 501 -LRB100 13147 JWD 27539 b

1powers, and duties, be subject to the same conditions,
2restrictions, limitations, penalties, and definitions of
3terms, and employ the same modes of procedure as are prescribed
4in Sections 2 and 3 (in respect to all provisions of those
5Sections other than the State rate of tax; and in respect to
6the provisions of the Retailers' Occupation Tax Act referred to
7in those Sections, except as to the disposition of taxes and
8penalties collected, except for the provision allowing
9retailers a deduction from the tax to cover certain costs, and
10except that credit memoranda issued under this subsection may
11not be used to discharge any State tax liability) of the
12Automobile Renting Occupation and Use Tax Act, as fully as if
13provisions contained in those Sections of that Act were set
14forth in this subsection.
15    Persons subject to any tax imposed under the authority
16granted in this subsection may reimburse themselves for their
17tax liability under this subsection by separately stating that
18tax as an additional charge, which charge may be stated in
19combination, in a single amount, with State tax that sellers
20are required to collect under the Automobile Renting Occupation
21and Use Tax Act, pursuant to bracket schedules as the
22Department may prescribe.
23    Whenever the Department determines that a refund should be
24made under this subsection to a claimant instead of issuing a
25credit memorandum, the Department shall notify the State
26Comptroller, who shall cause a warrant to be drawn for the

 

 

SB2217- 502 -LRB100 13147 JWD 27539 b

1amount specified and to the person named in the notification
2from the Department. The refund shall be paid by the State
3Treasurer out of the Metropolitan Pier and Exposition Authority
4trust fund held by the State Treasurer as trustee for the
5Authority.
6    The Department shall forthwith pay over to the State
7Treasurer, ex officio, as trustee, all taxes and penalties
8collected under this subsection for deposit into a trust fund
9held outside the State Treasury. On or before the 25th day of
10each calendar month, the Department shall certify to the
11Comptroller the amounts to be paid under subsection (g) of this
12Section (not including credit memoranda) collected under this
13subsection during the second preceding calendar month by the
14Department, less any amount determined by the Department to be
15necessary for payment of refunds, less 2% of the remainder,
16which the Department shall transfer into the Tax Compliance and
17Administration Fund. The Department, at the time of each
18monthly disbursement to the Authority, shall prepare and
19certify to the State Comptroller the amount to be transferred
20into the Tax Compliance and Administration Fund under this
21subsection. Within 10 days after receipt by the Comptroller of
22the Department's certification, the Comptroller shall cause
23the orders to be drawn for such amounts, and the Treasurer
24shall administer the those amounts distributed to the Authority
25as required in subsection (g).
26    Nothing in this subsection authorizes the Authority to

 

 

SB2217- 503 -LRB100 13147 JWD 27539 b

1impose a tax upon the privilege of engaging in any business
2that under the Constitution of the United States may not be
3made the subject of taxation by this State.
4    A certified copy of any ordinance imposing or discontinuing
5a tax under this subsection or effecting a change in the rate
6of that tax shall be filed with the Illinois Department of
7Revenue, whereupon the Department shall proceed to administer
8and enforce this subsection on behalf of the Authority as of
9the first day of the third calendar month following the date of
10filing.
11    (e) By ordinance the Authority shall, as soon as
12practicable after the effective date of this amendatory Act of
131991, impose a tax upon the privilege of using in the
14metropolitan area an automobile that is rented from a rentor
15outside Illinois and is titled or registered with an agency of
16this State's government at a rate of 6% of the rental price of
17that automobile, except that no tax shall be imposed on the
18privilege of using automobiles rented for use as taxicabs or in
19livery service. The tax shall be collected from persons whose
20Illinois address for titling or registration purposes is given
21as being in the metropolitan area. The tax shall be collected
22by the Department of Revenue for the Authority. The tax must be
23paid to the State or an exemption determination must be
24obtained from the Department of Revenue before the title or
25certificate of registration for the property may be issued. The
26tax or proof of exemption may be transmitted to the Department

 

 

SB2217- 504 -LRB100 13147 JWD 27539 b

1by way of the State agency with which or State officer with
2whom the tangible personal property must be titled or
3registered if the Department and that agency or State officer
4determine that this procedure will expedite the processing of
5applications for title or registration.
6    The Department shall have full power to administer and
7enforce this subsection, to collect all taxes, penalties, and
8interest due under this subsection, to dispose of taxes,
9penalties, and interest so collected in the manner provided in
10this subsection, and to determine all rights to credit
11memoranda or refunds arising on account of the erroneous
12payment of tax, penalty, or interest under this subsection. In
13the administration of and compliance with this subsection, the
14Department and persons who are subject to this subsection shall
15have the same rights, remedies, privileges, immunities,
16powers, and duties, be subject to the same conditions,
17restrictions, limitations, penalties, and definitions of
18terms, and employ the same modes of procedure as are prescribed
19in Sections 2 and 4 (except provisions pertaining to the State
20rate of tax; and in respect to the provisions of the Use Tax
21Act referred to in that Section, except provisions concerning
22collection or refunding of the tax by retailers, except the
23provisions of Section 19 pertaining to claims by retailers,
24except the last paragraph concerning refunds, and except that
25credit memoranda issued under this subsection may not be used
26to discharge any State tax liability) of the Automobile Renting

 

 

SB2217- 505 -LRB100 13147 JWD 27539 b

1Occupation and Use Tax Act, as fully as if provisions contained
2in those Sections of that Act were set forth in this
3subsection.
4    Whenever the Department determines that a refund should be
5made under this subsection to a claimant instead of issuing a
6credit memorandum, the Department shall notify the State
7Comptroller, who shall cause a warrant to be drawn for the
8amount specified and to the person named in the notification
9from the Department. The refund shall be paid by the State
10Treasurer out of the Metropolitan Pier and Exposition Authority
11trust fund held by the State Treasurer as trustee for the
12Authority.
13    The Department shall forthwith pay over to the State
14Treasurer, ex officio, as trustee, all taxes, penalties, and
15interest collected under this subsection for deposit into a
16trust fund held outside the State Treasury. On or before the
1725th day of each calendar month, the Department shall certify
18to the State Comptroller the amounts to be paid under
19subsection (g) of this Section, which shall be the amounts (not
20including credit memoranda) collected under this subsection
21during the second preceding calendar month by the Department,
22less any amounts determined by the Department to be necessary
23for payment of refunds, less 2% of the remainder, which the
24Department shall transfer into the Tax Compliance and
25Administration Fund. The Department, at the time of each
26monthly disbursement to the Authority, shall prepare and

 

 

SB2217- 506 -LRB100 13147 JWD 27539 b

1certify to the State Comptroller the amount to be transferred
2into the Tax Compliance and Administration Fund under this
3subsection. Within 10 days after receipt by the State
4Comptroller of the Department's certification, the Comptroller
5shall cause the orders to be drawn for such amounts, and the
6Treasurer shall administer the those amounts distributed to the
7Authority as required in subsection (g).
8    A certified copy of any ordinance imposing or discontinuing
9a tax or effecting a change in the rate of that tax shall be
10filed with the Illinois Department of Revenue, whereupon the
11Department shall proceed to administer and enforce this
12subsection on behalf of the Authority as of the first day of
13the third calendar month following the date of filing.
14    (f) By ordinance the Authority shall, as soon as
15practicable after the effective date of this amendatory Act of
161991, impose an occupation tax on all persons, other than a
17governmental agency, engaged in the business of providing
18ground transportation for hire to passengers in the
19metropolitan area at a rate of (i) $4 per taxi or livery
20vehicle departure with passengers for hire from commercial
21service airports in the metropolitan area, (ii) for each
22departure with passengers for hire from a commercial service
23airport in the metropolitan area in a bus or van operated by a
24person other than a person described in item (iii): $18 per bus
25or van with a capacity of 1-12 passengers, $36 per bus or van
26with a capacity of 13-24 passengers, and $54 per bus or van

 

 

SB2217- 507 -LRB100 13147 JWD 27539 b

1with a capacity of over 24 passengers, and (iii) for each
2departure with passengers for hire from a commercial service
3airport in the metropolitan area in a bus or van operated by a
4person regulated by the Interstate Commerce Commission or
5Illinois Commerce Commission, operating scheduled service from
6the airport, and charging fares on a per passenger basis: $2
7per passenger for hire in each bus or van. The term "commercial
8service airports" means those airports receiving scheduled
9passenger service and enplaning more than 100,000 passengers
10per year.
11    In the ordinance imposing the tax, the Authority may
12provide for the administration and enforcement of the tax and
13the collection of the tax from persons subject to the tax as
14the Authority determines to be necessary or practicable for the
15effective administration of the tax. The Authority may enter
16into agreements as it deems appropriate with any governmental
17agency providing for that agency to act as the Authority's
18agent to collect the tax.
19    In the ordinance imposing the tax, the Authority may
20designate a method or methods for persons subject to the tax to
21reimburse themselves for the tax liability arising under the
22ordinance (i) by separately stating the full amount of the tax
23liability as an additional charge to passengers departing the
24airports, (ii) by separately stating one-half of the tax
25liability as an additional charge to both passengers departing
26from and to passengers arriving at the airports, or (iii) by

 

 

SB2217- 508 -LRB100 13147 JWD 27539 b

1some other method determined by the Authority.
2    All taxes, penalties, and interest collected under any
3ordinance adopted under this subsection, less any amounts
4determined to be necessary for the payment of refunds and less
5the taxes, penalties, and interest attributable to any increase
6in the rate of tax authorized by Public Act 96-898, shall be
7paid forthwith to the State Treasurer, ex officio, for deposit
8into a trust fund held outside the State Treasury and shall be
9administered by the State Treasurer as provided in subsection
10(g) of this Section. All taxes, penalties, and interest
11attributable to any increase in the rate of tax authorized by
12Public Act 96-898 shall be paid by the State Treasurer as
13follows: 25% for deposit into the Convention Center Support
14Fund, to be used by the Village of Rosemont for the repair,
15maintenance, and improvement of the Donald E. Stephens
16Convention Center and for debt service on debt instruments
17issued for those purposes by the village and 75% to the
18Authority to be used for grants to an organization meeting the
19qualifications set out in Section 5.6 of this Act, provided the
20Metropolitan Pier and Exposition Authority has entered into a
21marketing agreement with such an organization.
22    (g) Amounts deposited from the proceeds of taxes imposed by
23the Authority under subsections (b), (c), (d), (e), and (f) of
24this Section and amounts deposited under Section 19 of the
25Illinois Sports Facilities Authority Act shall be held in a
26trust fund outside the State Treasury and, other than the

 

 

SB2217- 509 -LRB100 13147 JWD 27539 b

1amounts transferred into the Tax Compliance and Administration
2Fund under subsections (b), (c), (d), and (e), shall be
3administered by the Treasurer as follows:
4        (1) An amount necessary for the payment of refunds with
5    respect to those taxes shall be retained in the trust fund
6    and used for those payments.
7        (2) On July 20 and on the 20th of each month
8    thereafter, provided that the amount requested in the
9    annual certificate of the Chairman of the Authority filed
10    under Section 8.25f of the State Finance Act has been
11    appropriated for payment to the Authority, 1/8 of the local
12    tax transfer amount, together with any cumulative
13    deficiencies in the amounts transferred into the McCormick
14    Place Expansion Project Fund under this subparagraph (2)
15    during the fiscal year for which the certificate has been
16    filed, shall be transferred from the trust fund into the
17    McCormick Place Expansion Project Fund in the State
18    treasury until 100% of the local tax transfer amount has
19    been so transferred. "Local tax transfer amount" shall mean
20    the amount requested in the annual certificate, minus the
21    reduction amount. "Reduction amount" shall mean $41.7
22    million in fiscal year 2011, $36.7 million in fiscal year
23    2012, $36.7 million in fiscal year 2013, $36.7 million in
24    fiscal year 2014, and $31.7 million in each fiscal year
25    thereafter until 2032, provided that the reduction amount
26    shall be reduced by (i) the amount certified by the

 

 

SB2217- 510 -LRB100 13147 JWD 27539 b

1    Authority to the State Comptroller and State Treasurer
2    under Section 8.25 of the State Finance Act, as amended,
3    with respect to that fiscal year and (ii) in any fiscal
4    year in which the amounts deposited in the trust fund under
5    this Section exceed $318.3 million, exclusive of amounts
6    set aside for refunds and for the reserve account, one
7    dollar for each dollar of the deposits in the trust fund
8    above $318.3 million with respect to that year, exclusive
9    of amounts set aside for refunds and for the reserve
10    account.
11        (3) On July 20, 2010, the Comptroller shall certify to
12    the Governor, the Treasurer, and the Chairman of the
13    Authority the 2010 deficiency amount, which means the
14    cumulative amount of transfers that were due from the trust
15    fund to the McCormick Place Expansion Project Fund in
16    fiscal years 2008, 2009, and 2010 under Section 13(g) of
17    this Act, as it existed prior to May 27, 2010 (the
18    effective date of Public Act 96-898), but not made. On July
19    20, 2011 and on July 20 of each year through July 20, 2014,
20    the Treasurer shall calculate for the previous fiscal year
21    the surplus revenues in the trust fund and pay that amount
22    to the Authority. On July 20, 2015 and on July 20 of each
23    year thereafter, as long as bonds and notes issued under
24    Section 13.2 or bonds and notes issued to refund those
25    bonds and notes are outstanding, the Treasurer shall
26    calculate for the previous fiscal year the surplus revenues

 

 

SB2217- 511 -LRB100 13147 JWD 27539 b

1    in the trust fund and pay one-half of that amount to the
2    State Treasurer for deposit into the General Revenue Fund
3    until the 2010 deficiency amount has been paid and shall
4    pay the balance of the surplus revenues to the Authority.
5    "Surplus revenues" means the amounts remaining in the trust
6    fund on June 30 of the previous fiscal year (A) after the
7    State Treasurer has set aside in the trust fund (i) amounts
8    retained for refunds under subparagraph (1) and (ii) any
9    amounts necessary to meet the reserve account amount and
10    (B) after the State Treasurer has transferred from the
11    trust fund to the General Revenue Fund 100% of any
12    post-2010 deficiency amount. "Reserve account amount"
13    means $15 million in fiscal year 2011 and $30 million in
14    each fiscal year thereafter. The reserve account amount
15    shall be set aside in the trust fund and used as a reserve
16    to be transferred to the McCormick Place Expansion Project
17    Fund in the event the proceeds of taxes imposed under this
18    Section 13 are not sufficient to fund the transfer required
19    in subparagraph (2). "Post-2010 deficiency amount" means
20    any deficiency in transfers from the trust fund to the
21    McCormick Place Expansion Project Fund with respect to
22    fiscal years 2011 and thereafter. It is the intention of
23    this subparagraph (3) that no surplus revenues shall be
24    paid to the Authority with respect to any year in which a
25    post-2010 deficiency amount has not been satisfied by the
26    Authority.

 

 

SB2217- 512 -LRB100 13147 JWD 27539 b

1    Moneys received by the Authority as surplus revenues may be
2used (i) for the purposes of paying debt service on the bonds
3and notes issued by the Authority, including early redemption
4of those bonds or notes, (ii) for the purposes of repair,
5replacement, and improvement of the grounds, buildings, and
6facilities of the Authority, and (iii) for the corporate
7purposes of the Authority in fiscal years 2011 through 2015 in
8an amount not to exceed $20,000,000 annually or $80,000,000
9total, which amount shall be reduced $0.75 for each dollar of
10the receipts of the Authority in that year from any contract
11entered into with respect to naming rights at McCormick Place
12under Section 5(m) of this Act. When bonds and notes issued
13under Section 13.2, or bonds or notes issued to refund those
14bonds and notes, are no longer outstanding, the balance in the
15trust fund shall be paid to the Authority.
16    (h) The ordinances imposing the taxes authorized by this
17Section shall be repealed when bonds and notes issued under
18Section 13.2 or bonds and notes issued to refund those bonds
19and notes are no longer outstanding.
20(Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)
 
21    Section 50-30. The Metro-East Park and Recreation District
22Act is amended by changing Section 30 as follows:
 
23    (70 ILCS 1605/30)
24    Sec. 30. Taxes.

 

 

SB2217- 513 -LRB100 13147 JWD 27539 b

1    (a) The board shall impose a tax upon all persons engaged
2in the business of selling tangible personal property, other
3than personal property titled or registered with an agency of
4this State's government, at retail in the District on the gross
5receipts from the sales made in the course of business. This
6tax shall be imposed only at the rate of one-tenth of one per
7cent.
8    This additional tax may not be imposed on the sales of food
9for human consumption that is to be consumed off the premises
10where it is sold (other than alcoholic beverages, soft drinks,
11and food which has been prepared for immediate consumption) and
12prescription and non-prescription medicines, drugs, medical
13appliances, and insulin, urine testing materials, syringes,
14and needles used by diabetics. The tax imposed by the Board
15under this Section and all civil penalties that may be assessed
16as an incident of the tax shall be collected and enforced by
17the Department of Revenue. The certificate of registration that
18is issued by the Department to a retailer under the Retailers'
19Occupation Tax Act shall permit the retailer to engage in a
20business that is taxable without registering separately with
21the Department under an ordinance or resolution under this
22Section. The Department has full power to administer and
23enforce this Section, to collect all taxes and penalties due
24under this Section, to dispose of taxes and penalties so
25collected in the manner provided in this Section, and to
26determine all rights to credit memoranda arising on account of

 

 

SB2217- 514 -LRB100 13147 JWD 27539 b

1the erroneous payment of a tax or penalty under this Section.
2In the administration of and compliance with this Section, the
3Department and persons who are subject to this Section shall
4(i) have the same rights, remedies, privileges, immunities,
5powers, and duties, (ii) be subject to the same conditions,
6restrictions, limitations, penalties, and definitions of
7terms, and (iii) employ the same modes of procedure as are
8prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
91n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions contained
10in those Sections other than the State rate of tax), 2-12, 2-15
11through 2-70, 2a, 2b, 2c, 3 (except provisions relating to
12transaction returns and quarter monthly payments), 4, 5, 5a,
135b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
147, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
15Tax Act and the Uniform Penalty and Interest Act as if those
16provisions were set forth in this Section.
17    Persons subject to any tax imposed under the authority
18granted in this Section may reimburse themselves for their
19sellers' tax liability by separately stating the tax as an
20additional charge, which charge may be stated in combination,
21in a single amount, with State tax which sellers are required
22to collect under the Use Tax Act, pursuant to such bracketed
23schedules as the Department may prescribe.
24    Whenever the Department determines that a refund should be
25made under this Section to a claimant instead of issuing a
26credit memorandum, the Department shall notify the State

 

 

SB2217- 515 -LRB100 13147 JWD 27539 b

1Comptroller, who shall cause the order to be drawn for the
2amount specified and to the person named in the notification
3from the Department. The refund shall be paid by the State
4Treasurer out of the State Metro-East Park and Recreation
5District Fund.
6    (b) If a tax has been imposed under subsection (a), a
7service occupation tax shall also be imposed at the same rate
8upon all persons engaged, in the District, in the business of
9making sales of service, who, as an incident to making those
10sales of service, transfer tangible personal property within
11the District as an incident to a sale of service. This tax may
12not be imposed on sales of food for human consumption that is
13to be consumed off the premises where it is sold (other than
14alcoholic beverages, soft drinks, and food prepared for
15immediate consumption) and prescription and non-prescription
16medicines, drugs, medical appliances, and insulin, urine
17testing materials, syringes, and needles used by diabetics. The
18tax imposed under this subsection and all civil penalties that
19may be assessed as an incident thereof shall be collected and
20enforced by the Department of Revenue. The Department has full
21power to administer and enforce this subsection; to collect all
22taxes and penalties due hereunder; to dispose of taxes and
23penalties so collected in the manner hereinafter provided; and
24to determine all rights to credit memoranda arising on account
25of the erroneous payment of tax or penalty hereunder. In the
26administration of, and compliance with this subsection, the

 

 

SB2217- 516 -LRB100 13147 JWD 27539 b

1Department and persons who are subject to this paragraph shall
2(i) have the same rights, remedies, privileges, immunities,
3powers, and duties, (ii) be subject to the same conditions,
4restrictions, limitations, penalties, exclusions, exemptions,
5and definitions of terms, and (iii) employ the same modes of
6procedure as are prescribed in Sections 2 (except that the
7reference to State in the definition of supplier maintaining a
8place of business in this State shall mean the District), 2a,
92b, 2c, 3 through 3-50 (in respect to all provisions therein
10other than the State rate of tax), 4 (except that the reference
11to the State shall be to the District), 5, 7, 8 (except that
12the jurisdiction to which the tax shall be a debt to the extent
13indicated in that Section 8 shall be the District), 9 (except
14as to the disposition of taxes and penalties collected), 10,
1511, 12 (except the reference therein to Section 2b of the
16Retailers' Occupation Tax Act), 13 (except that any reference
17to the State shall mean the District), Sections 15, 16, 17, 18,
1819 and 20 of the Service Occupation Tax Act and the Uniform
19Penalty and Interest Act, as fully as if those provisions were
20set forth herein.
21    Persons subject to any tax imposed under the authority
22granted in this subsection may reimburse themselves for their
23serviceman's tax liability by separately stating the tax as an
24additional charge, which charge may be stated in combination,
25in a single amount, with State tax that servicemen are
26authorized to collect under the Service Use Tax Act, in

 

 

SB2217- 517 -LRB100 13147 JWD 27539 b

1accordance with such bracket schedules as the Department may
2prescribe.
3    Whenever the Department determines that a refund should be
4made under this subsection to a claimant instead of issuing a
5credit memorandum, the Department shall notify the State
6Comptroller, who shall cause the warrant to be drawn for the
7amount specified, and to the person named, in the notification
8from the Department. The refund shall be paid by the State
9Treasurer out of the State Metro-East Park and Recreation
10District Fund.
11    Nothing in this subsection shall be construed to authorize
12the board to impose a tax upon the privilege of engaging in any
13business which under the Constitution of the United States may
14not be made the subject of taxation by the State.
15    (c) The Department shall immediately pay over to the State
16Treasurer, ex officio, as trustee, all taxes and penalties
17collected under this Section to be deposited into the State
18Metro-East Park and Recreation District Fund, which shall be an
19unappropriated trust fund held outside of the State treasury.
20    As soon as possible after the first day of each month,
21beginning January 1, 2011, upon certification of the Department
22of Revenue, the Comptroller shall order transferred, and the
23Treasurer shall transfer, to the STAR Bonds Revenue Fund the
24local sales tax increment, as defined in the Innovation
25Development and Economy Act, collected under this Section
26during the second preceding calendar month for sales within a

 

 

SB2217- 518 -LRB100 13147 JWD 27539 b

1STAR bond district. The Department shall make this
2certification only if the Metro East Park and Recreation
3District imposes a tax on real property as provided in the
4definition of "local sales taxes" under the Innovation
5Development and Economy Act.
6    After the monthly transfer to the STAR Bonds Revenue Fund,
7on or before the 25th day of each calendar month, the
8Department shall prepare and certify to the Comptroller the
9disbursement of stated sums of money pursuant to Section 35 of
10this Act to the District from which retailers have paid taxes
11or penalties to the Department during the second preceding
12calendar month. The amount to be paid to the District shall be
13the amount (not including credit memoranda) collected under
14this Section during the second preceding calendar month by the
15Department plus an amount the Department determines is
16necessary to offset any amounts that were erroneously paid to a
17different taxing body, and not including (i) an amount equal to
18the amount of refunds made during the second preceding calendar
19month by the Department on behalf of the District, (ii) any
20amount that the Department determines is necessary to offset
21any amounts that were payable to a different taxing body but
22were erroneously paid to the District, and (iii) any amounts
23that are transferred to the STAR Bonds Revenue Fund, and (iv)
242% of the remainder, which the Department shall transfer into
25the Tax Compliance and Administration Fund. The Department, at
26the time of each monthly disbursement to the District, shall

 

 

SB2217- 519 -LRB100 13147 JWD 27539 b

1prepare and certify to the State Comptroller the amount to be
2transferred into the Tax Compliance and Administration Fund
3under this subsection. Within 10 days after receipt by the
4Comptroller of the disbursement certification to the District
5and the Tax Compliance and Administration Fund provided for in
6this Section to be given to the Comptroller by the Department,
7the Comptroller shall cause the orders to be drawn for the
8respective amounts in accordance with directions contained in
9the certification.
10    (d) For the purpose of determining whether a tax authorized
11under this Section is applicable, a retail sale by a producer
12of coal or another mineral mined in Illinois is a sale at
13retail at the place where the coal or other mineral mined in
14Illinois is extracted from the earth. This paragraph does not
15apply to coal or another mineral when it is delivered or
16shipped by the seller to the purchaser at a point outside
17Illinois so that the sale is exempt under the United States
18Constitution as a sale in interstate or foreign commerce.
19    (e) Nothing in this Section shall be construed to authorize
20the board to impose a tax upon the privilege of engaging in any
21business that under the Constitution of the United States may
22not be made the subject of taxation by this State.
23    (f) An ordinance imposing a tax under this Section or an
24ordinance extending the imposition of a tax to an additional
25county or counties shall be certified by the board and filed
26with the Department of Revenue either (i) on or before the

 

 

SB2217- 520 -LRB100 13147 JWD 27539 b

1first day of April, whereupon the Department shall proceed to
2administer and enforce the tax as of the first day of July next
3following the filing; or (ii) on or before the first day of
4October, whereupon the Department shall proceed to administer
5and enforce the tax as of the first day of January next
6following the filing.
7    (g) When certifying the amount of a monthly disbursement to
8the District under this Section, the Department shall increase
9or decrease the amounts by an amount necessary to offset any
10misallocation of previous disbursements. The offset amount
11shall be the amount erroneously disbursed within the previous 6
12months from the time a misallocation is discovered.
13(Source: P.A. 98-1098, eff. 8-26-14; 99-217, eff. 7-31-15.)
 
14    Section 50-35. The Local Mass Transit District Act is
15amended by changing Section 5.01 as follows:
 
16    (70 ILCS 3610/5.01)   (from Ch. 111 2/3, par. 355.01)
17    Sec. 5.01. Metro East Mass Transit District; use and
18occupation taxes.
19    (a) The Board of Trustees of any Metro East Mass Transit
20District may, by ordinance adopted with the concurrence of
21two-thirds of the then trustees, impose throughout the District
22any or all of the taxes and fees provided in this Section. All
23taxes and fees imposed under this Section shall be used only
24for public mass transportation systems, and the amount used to

 

 

SB2217- 521 -LRB100 13147 JWD 27539 b

1provide mass transit service to unserved areas of the District
2shall be in the same proportion to the total proceeds as the
3number of persons residing in the unserved areas is to the
4total population of the District. Except as otherwise provided
5in this Act, taxes imposed under this Section and civil
6penalties imposed incident thereto shall be collected and
7enforced by the State Department of Revenue. The Department
8shall have the power to administer and enforce the taxes and to
9determine all rights for refunds for erroneous payments of the
10taxes.
11    (b) The Board may impose a Metro East Mass Transit District
12Retailers' Occupation Tax upon all persons engaged in the
13business of selling tangible personal property at retail in the
14district at a rate of 1/4 of 1%, or as authorized under
15subsection (d-5) of this Section, of the gross receipts from
16the sales made in the course of such business within the
17district. The tax imposed under this Section and all civil
18penalties that may be assessed as an incident thereof shall be
19collected and enforced by the State Department of Revenue. The
20Department shall have full power to administer and enforce this
21Section; to collect all taxes and penalties so collected in the
22manner hereinafter provided; and to determine all rights to
23credit memoranda arising on account of the erroneous payment of
24tax or penalty hereunder. In the administration of, and
25compliance with, this Section, the Department and persons who
26are subject to this Section shall have the same rights,

 

 

SB2217- 522 -LRB100 13147 JWD 27539 b

1remedies, privileges, immunities, powers and duties, and be
2subject to the same conditions, restrictions, limitations,
3penalties, exclusions, exemptions and definitions of terms and
4employ the same modes of procedure, as are prescribed in
5Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65
6(in respect to all provisions therein other than the State rate
7of tax), 2c, 3 (except as to the disposition of taxes and
8penalties collected), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,
95k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, 13, and 14 of
10the Retailers' Occupation Tax Act and Section 3-7 of the
11Uniform Penalty and Interest Act, as fully as if those
12provisions were set forth herein.
13    Persons subject to any tax imposed under the Section may
14reimburse themselves for their seller's tax liability
15hereunder by separately stating the tax as an additional
16charge, which charge may be stated in combination, in a single
17amount, with State taxes that sellers are required to collect
18under the Use Tax Act, in accordance with such bracket
19schedules as the Department may prescribe.
20    Whenever the Department determines that a refund should be
21made under this Section to a claimant instead of issuing a
22credit memorandum, the Department shall notify the State
23Comptroller, who shall cause the warrant to be drawn for the
24amount specified, and to the person named, in the notification
25from the Department. The refund shall be paid by the State
26Treasurer out of the Metro East Mass Transit District tax fund

 

 

SB2217- 523 -LRB100 13147 JWD 27539 b

1established under paragraph (h) of this Section.
2    If a tax is imposed under this subsection (b), a tax shall
3also be imposed under subsections (c) and (d) of this Section.
4    For the purpose of determining whether a tax authorized
5under this Section is applicable, a retail sale, by a producer
6of coal or other mineral mined in Illinois, is a sale at retail
7at the place where the coal or other mineral mined in Illinois
8is extracted from the earth. This paragraph does not apply to
9coal or other mineral when it is delivered or shipped by the
10seller to the purchaser at a point outside Illinois so that the
11sale is exempt under the Federal Constitution as a sale in
12interstate or foreign commerce.
13    No tax shall be imposed or collected under this subsection
14on the sale of a motor vehicle in this State to a resident of
15another state if that motor vehicle will not be titled in this
16State.
17    Nothing in this Section shall be construed to authorize the
18Metro East Mass Transit District to impose a tax upon the
19privilege of engaging in any business which under the
20Constitution of the United States may not be made the subject
21of taxation by this State.
22    (c) If a tax has been imposed under subsection (b), a Metro
23East Mass Transit District Service Occupation Tax shall also be
24imposed upon all persons engaged, in the district, in the
25business of making sales of service, who, as an incident to
26making those sales of service, transfer tangible personal

 

 

SB2217- 524 -LRB100 13147 JWD 27539 b

1property within the District, either in the form of tangible
2personal property or in the form of real estate as an incident
3to a sale of service. The tax rate shall be 1/4%, or as
4authorized under subsection (d-5) of this Section, of the
5selling price of tangible personal property so transferred
6within the district. The tax imposed under this paragraph and
7all civil penalties that may be assessed as an incident thereof
8shall be collected and enforced by the State Department of
9Revenue. The Department shall have full power to administer and
10enforce this paragraph; to collect all taxes and penalties due
11hereunder; to dispose of taxes and penalties so collected in
12the manner hereinafter provided; and to determine all rights to
13credit memoranda arising on account of the erroneous payment of
14tax or penalty hereunder. In the administration of, and
15compliance with this paragraph, the Department and persons who
16are subject to this paragraph shall have the same rights,
17remedies, privileges, immunities, powers and duties, and be
18subject to the same conditions, restrictions, limitations,
19penalties, exclusions, exemptions and definitions of terms and
20employ the same modes of procedure as are prescribed in
21Sections 1a-1, 2 (except that the reference to State in the
22definition of supplier maintaining a place of business in this
23State shall mean the Authority), 2a, 3 through 3-50 (in respect
24to all provisions therein other than the State rate of tax), 4
25(except that the reference to the State shall be to the
26Authority), 5, 7, 8 (except that the jurisdiction to which the

 

 

SB2217- 525 -LRB100 13147 JWD 27539 b

1tax shall be a debt to the extent indicated in that Section 8
2shall be the District), 9 (except as to the disposition of
3taxes and penalties collected, and except that the returned
4merchandise credit for this tax may not be taken against any
5State tax), 10, 11, 12 (except the reference therein to Section
62b of the Retailers' Occupation Tax Act), 13 (except that any
7reference to the State shall mean the District), the first
8paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service
9Occupation Tax Act and Section 3-7 of the Uniform Penalty and
10Interest Act, as fully as if those provisions were set forth
11herein.
12    Persons subject to any tax imposed under the authority
13granted in this paragraph may reimburse themselves for their
14serviceman's tax liability hereunder by separately stating the
15tax as an additional charge, which charge may be stated in
16combination, in a single amount, with State tax that servicemen
17are authorized to collect under the Service Use Tax Act, in
18accordance with such bracket schedules as the Department may
19prescribe.
20    Whenever the Department determines that a refund should be
21made under this paragraph to a claimant instead of issuing a
22credit memorandum, the Department shall notify the State
23Comptroller, who shall cause the warrant to be drawn for the
24amount specified, and to the person named, in the notification
25from the Department. The refund shall be paid by the State
26Treasurer out of the Metro East Mass Transit District tax fund

 

 

SB2217- 526 -LRB100 13147 JWD 27539 b

1established under paragraph (h) of this Section.
2    Nothing in this paragraph shall be construed to authorize
3the District to impose a tax upon the privilege of engaging in
4any business which under the Constitution of the United States
5may not be made the subject of taxation by the State.
6    (d) If a tax has been imposed under subsection (b), a Metro
7East Mass Transit District Use Tax shall also be imposed upon
8the privilege of using, in the district, any item of tangible
9personal property that is purchased outside the district at
10retail from a retailer, and that is titled or registered with
11an agency of this State's government, at a rate of 1/4%, or as
12authorized under subsection (d-5) of this Section, of the
13selling price of the tangible personal property within the
14District, as "selling price" is defined in the Use Tax Act. The
15tax shall be collected from persons whose Illinois address for
16titling or registration purposes is given as being in the
17District. The tax shall be collected by the Department of
18Revenue for the Metro East Mass Transit District. The tax must
19be paid to the State, or an exemption determination must be
20obtained from the Department of Revenue, before the title or
21certificate of registration for the property may be issued. The
22tax or proof of exemption may be transmitted to the Department
23by way of the State agency with which, or the State officer
24with whom, the tangible personal property must be titled or
25registered if the Department and the State agency or State
26officer determine that this procedure will expedite the

 

 

SB2217- 527 -LRB100 13147 JWD 27539 b

1processing of applications for title or registration.
2    The Department shall have full power to administer and
3enforce this paragraph; to collect all taxes, penalties and
4interest due hereunder; to dispose of taxes, penalties and
5interest so collected in the manner hereinafter provided; and
6to determine all rights to credit memoranda or refunds arising
7on account of the erroneous payment of tax, penalty or interest
8hereunder. In the administration of, and compliance with, this
9paragraph, the Department and persons who are subject to this
10paragraph shall have the same rights, remedies, privileges,
11immunities, powers and duties, and be subject to the same
12conditions, restrictions, limitations, penalties, exclusions,
13exemptions and definitions of terms and employ the same modes
14of procedure, as are prescribed in Sections 2 (except the
15definition of "retailer maintaining a place of business in this
16State"), 3 through 3-80 (except provisions pertaining to the
17State rate of tax, and except provisions concerning collection
18or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
1919 (except the portions pertaining to claims by retailers and
20except the last paragraph concerning refunds), 20, 21 and 22 of
21the Use Tax Act and Section 3-7 of the Uniform Penalty and
22Interest Act, that are not inconsistent with this paragraph, as
23fully as if those provisions were set forth herein.
24    Whenever the Department determines that a refund should be
25made under this paragraph to a claimant instead of issuing a
26credit memorandum, the Department shall notify the State

 

 

SB2217- 528 -LRB100 13147 JWD 27539 b

1Comptroller, who shall cause the order to be drawn for the
2amount specified, and to the person named, in the notification
3from the Department. The refund shall be paid by the State
4Treasurer out of the Metro East Mass Transit District tax fund
5established under paragraph (h) of this Section.
6    (d-5) (A) The county board of any county participating in
7the Metro East Mass Transit District may authorize, by
8ordinance, a referendum on the question of whether the tax
9rates for the Metro East Mass Transit District Retailers'
10Occupation Tax, the Metro East Mass Transit District Service
11Occupation Tax, and the Metro East Mass Transit District Use
12Tax for the District should be increased from 0.25% to 0.75%.
13Upon adopting the ordinance, the county board shall certify the
14proposition to the proper election officials who shall submit
15the proposition to the voters of the District at the next
16election, in accordance with the general election law.
17    The proposition shall be in substantially the following
18form:
19        Shall the tax rates for the Metro East Mass Transit
20    District Retailers' Occupation Tax, the Metro East Mass
21    Transit District Service Occupation Tax, and the Metro East
22    Mass Transit District Use Tax be increased from 0.25% to
23    0.75%?
24    (B) Two thousand five hundred electors of any Metro East
25Mass Transit District may petition the Chief Judge of the
26Circuit Court, or any judge of that Circuit designated by the

 

 

SB2217- 529 -LRB100 13147 JWD 27539 b

1Chief Judge, in which that District is located to cause to be
2submitted to a vote of the electors the question whether the
3tax rates for the Metro East Mass Transit District Retailers'
4Occupation Tax, the Metro East Mass Transit District Service
5Occupation Tax, and the Metro East Mass Transit District Use
6Tax for the District should be increased from 0.25% to 0.75%.
7    Upon submission of such petition the court shall set a date
8not less than 10 nor more than 30 days thereafter for a hearing
9on the sufficiency thereof. Notice of the filing of such
10petition and of such date shall be given in writing to the
11District and the County Clerk at least 7 days before the date
12of such hearing.
13    If such petition is found sufficient, the court shall enter
14an order to submit that proposition at the next election, in
15accordance with general election law.
16    The form of the petition shall be in substantially the
17following form: To the Circuit Court of the County of (name of
18county):
19        We, the undersigned electors of the (name of transit
20    district), respectfully petition your honor to submit to a
21    vote of the electors of (name of transit district) the
22    following proposition:
23        Shall the tax rates for the Metro East Mass Transit
24    District Retailers' Occupation Tax, the Metro East Mass
25    Transit District Service Occupation Tax, and the Metro East
26    Mass Transit District Use Tax be increased from 0.25% to

 

 

SB2217- 530 -LRB100 13147 JWD 27539 b

1    0.75%?
2        Name                Address, with Street and Number.
3..............................................................
4..............................................................
5    (C) The votes shall be recorded as "YES" or "NO". If a
6majority of all votes cast on the proposition are for the
7increase in the tax rates, the Metro East Mass Transit District
8shall begin imposing the increased rates in the District, and
9the Department of Revenue shall begin collecting the increased
10amounts, as provided under this Section. An ordinance imposing
11or discontinuing a tax hereunder or effecting a change in the
12rate thereof shall be adopted and a certified copy thereof
13filed with the Department on or before the first day of
14October, whereupon the Department shall proceed to administer
15and enforce this Section as of the first day of January next
16following the adoption and filing, or on or before the first
17day of April, whereupon the Department shall proceed to
18administer and enforce this Section as of the first day of July
19next following the adoption and filing.
20    (D) If the voters have approved a referendum under this
21subsection, before November 1, 1994, to increase the tax rate
22under this subsection, the Metro East Mass Transit District
23Board of Trustees may adopt by a majority vote an ordinance at
24any time before January 1, 1995 that excludes from the rate
25increase tangible personal property that is titled or
26registered with an agency of this State's government. The

 

 

SB2217- 531 -LRB100 13147 JWD 27539 b

1ordinance excluding titled or registered tangible personal
2property from the rate increase must be filed with the
3Department at least 15 days before its effective date. At any
4time after adopting an ordinance excluding from the rate
5increase tangible personal property that is titled or
6registered with an agency of this State's government, the Metro
7East Mass Transit District Board of Trustees may adopt an
8ordinance applying the rate increase to that tangible personal
9property. The ordinance shall be adopted, and a certified copy
10of that ordinance shall be filed with the Department, on or
11before October 1, whereupon the Department shall proceed to
12administer and enforce the rate increase against tangible
13personal property titled or registered with an agency of this
14State's government as of the following January 1. After
15December 31, 1995, any reimposed rate increase in effect under
16this subsection shall no longer apply to tangible personal
17property titled or registered with an agency of this State's
18government. Beginning January 1, 1996, the Board of Trustees of
19any Metro East Mass Transit District may never reimpose a
20previously excluded tax rate increase on tangible personal
21property titled or registered with an agency of this State's
22government. After July 1, 2004, if the voters have approved a
23referendum under this subsection to increase the tax rate under
24this subsection, the Metro East Mass Transit District Board of
25Trustees may adopt by a majority vote an ordinance that
26excludes from the rate increase tangible personal property that

 

 

SB2217- 532 -LRB100 13147 JWD 27539 b

1is titled or registered with an agency of this State's
2government. The ordinance excluding titled or registered
3tangible personal property from the rate increase shall be
4adopted, and a certified copy of that ordinance shall be filed
5with the Department on or before October 1, whereupon the
6Department shall administer and enforce this exclusion from the
7rate increase as of the following January 1, or on or before
8April 1, whereupon the Department shall administer and enforce
9this exclusion from the rate increase as of the following July
101. The Board of Trustees of any Metro East Mass Transit
11District may never reimpose a previously excluded tax rate
12increase on tangible personal property titled or registered
13with an agency of this State's government.
14    (d-6) If the Board of Trustees of any Metro East Mass
15Transit District has imposed a rate increase under subsection
16(d-5) and filed an ordinance with the Department of Revenue
17excluding titled property from the higher rate, then that Board
18may, by ordinance adopted with the concurrence of two-thirds of
19the then trustees, impose throughout the District a fee. The
20fee on the excluded property shall not exceed $20 per retail
21transaction or an amount equal to the amount of tax excluded,
22whichever is less, on tangible personal property that is titled
23or registered with an agency of this State's government.
24Beginning July 1, 2004, the fee shall apply only to titled
25property that is subject to either the Metro East Mass Transit
26District Retailers' Occupation Tax or the Metro East Mass

 

 

SB2217- 533 -LRB100 13147 JWD 27539 b

1Transit District Service Occupation Tax. No fee shall be
2imposed or collected under this subsection on the sale of a
3motor vehicle in this State to a resident of another state if
4that motor vehicle will not be titled in this State.
5    (d-7) Until June 30, 2004, if a fee has been imposed under
6subsection (d-6), a fee shall also be imposed upon the
7privilege of using, in the district, any item of tangible
8personal property that is titled or registered with any agency
9of this State's government, in an amount equal to the amount of
10the fee imposed under subsection (d-6).
11    (d-7.1) Beginning July 1, 2004, any fee imposed by the
12Board of Trustees of any Metro East Mass Transit District under
13subsection (d-6) and all civil penalties that may be assessed
14as an incident of the fees shall be collected and enforced by
15the State Department of Revenue. Reference to "taxes" in this
16Section shall be construed to apply to the administration,
17payment, and remittance of all fees under this Section. For
18purposes of any fee imposed under subsection (d-6), 4% of the
19fee, penalty, and interest received by the Department in the
20first 12 months that the fee is collected and enforced by the
21Department and 2% of the fee, penalty, and interest following
22the first 12 months shall be deposited into the Tax Compliance
23and Administration Fund and shall be used by the Department,
24subject to appropriation, to cover the costs of the Department.
25No retailers' discount shall apply to any fee imposed under
26subsection (d-6).

 

 

SB2217- 534 -LRB100 13147 JWD 27539 b

1    (d-8) No item of titled property shall be subject to both
2the higher rate approved by referendum, as authorized under
3subsection (d-5), and any fee imposed under subsection (d-6) or
4(d-7).
5    (d-9) (Blank).
6    (d-10) (Blank).
7    (e) A certificate of registration issued by the State
8Department of Revenue to a retailer under the Retailers'
9Occupation Tax Act or under the Service Occupation Tax Act
10shall permit the registrant to engage in a business that is
11taxed under the tax imposed under paragraphs (b), (c) or (d) of
12this Section and no additional registration shall be required
13under the tax. A certificate issued under the Use Tax Act or
14the Service Use Tax Act shall be applicable with regard to any
15tax imposed under paragraph (c) of this Section.
16    (f) (Blank).
17    (g) Any ordinance imposing or discontinuing any tax under
18this Section shall be adopted and a certified copy thereof
19filed with the Department on or before June 1, whereupon the
20Department of Revenue shall proceed to administer and enforce
21this Section on behalf of the Metro East Mass Transit District
22as of September 1 next following such adoption and filing.
23Beginning January 1, 1992, an ordinance or resolution imposing
24or discontinuing the tax hereunder shall be adopted and a
25certified copy thereof filed with the Department on or before
26the first day of July, whereupon the Department shall proceed

 

 

SB2217- 535 -LRB100 13147 JWD 27539 b

1to administer and enforce this Section as of the first day of
2October next following such adoption and filing. Beginning
3January 1, 1993, except as provided in subsection (d-5) of this
4Section, an ordinance or resolution imposing or discontinuing
5the tax hereunder shall be adopted and a certified copy thereof
6filed with the Department on or before the first day of
7October, whereupon the Department shall proceed to administer
8and enforce this Section as of the first day of January next
9following such adoption and filing, or, beginning January 1,
102004, on or before the first day of April, whereupon the
11Department shall proceed to administer and enforce this Section
12as of the first day of July next following the adoption and
13filing.
14    (h) Except as provided in subsection (d-7.1), the State
15Department of Revenue shall, upon collecting any taxes as
16provided in this Section, pay the taxes over to the State
17Treasurer as trustee for the District. The taxes shall be held
18in a trust fund outside the State Treasury.
19    As soon as possible after the first day of each month,
20beginning January 1, 2011, upon certification of the Department
21of Revenue, the Comptroller shall order transferred, and the
22Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23local sales tax increment, as defined in the Innovation
24Development and Economy Act, collected under this Section
25during the second preceding calendar month for sales within a
26STAR bond district. The Department shall make this

 

 

SB2217- 536 -LRB100 13147 JWD 27539 b

1certification only if the local mass transit district imposes a
2tax on real property as provided in the definition of "local
3sales taxes" under the Innovation Development and Economy Act.
4    After the monthly transfer to the STAR Bonds Revenue Fund,
5on or before the 25th day of each calendar month, the State
6Department of Revenue shall prepare and certify to the
7Comptroller of the State of Illinois the amount to be paid to
8the District, which shall be the amount (not including credit
9memoranda) collected under this Section during the second
10preceding calendar month by the Department plus an amount the
11Department determines is necessary to offset any amounts that
12were erroneously paid to a different taxing body, and not
13including any amount equal to the amount of refunds made during
14the second preceding calendar month by the Department on behalf
15of the District, and not including any amount that the
16Department determines is necessary to offset any amounts that
17were payable to a different taxing body but were erroneously
18paid to the District, and less any amounts that are transferred
19to the STAR Bonds Revenue Fund, less 2% of the remainder, which
20the Department shall transfer into the Tax Compliance and
21Administration Fund. The Department, at the time of each
22monthly disbursement to the District, shall prepare and certify
23to the State Comptroller the amount to be transferred into the
24Tax Compliance and Administration Fund under this subsection.
25Within 10 days after receipt by the Comptroller of the
26certification of the amount to be paid to the District and the

 

 

SB2217- 537 -LRB100 13147 JWD 27539 b

1Tax Compliance and Administration Fund, the Comptroller shall
2cause an order to be drawn for payment for the amount in
3accordance with the direction in the certification.
4(Source: P.A. 98-298, eff. 8-9-13; 99-217, eff. 7-31-15.)
 
5    Section 50-40. The Regional Transportation Authority Act
6is amended by changing Sections 4.03 and 4.09 as follows:
 
7    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
8    Sec. 4.03. Taxes.
9    (a) In order to carry out any of the powers or purposes of
10the Authority, the Board may by ordinance adopted with the
11concurrence of 12 of the then Directors, impose throughout the
12metropolitan region any or all of the taxes provided in this
13Section. Except as otherwise provided in this Act, taxes
14imposed under this Section and civil penalties imposed incident
15thereto shall be collected and enforced by the State Department
16of Revenue. The Department shall have the power to administer
17and enforce the taxes and to determine all rights for refunds
18for erroneous payments of the taxes. Nothing in Public Act
1995-708 is intended to invalidate any taxes currently imposed by
20the Authority. The increased vote requirements to impose a tax
21shall only apply to actions taken after January 1, 2008 (the
22effective date of Public Act 95-708).
23    (b) The Board may impose a public transportation tax upon
24all persons engaged in the metropolitan region in the business

 

 

SB2217- 538 -LRB100 13147 JWD 27539 b

1of selling at retail motor fuel for operation of motor vehicles
2upon public highways. The tax shall be at a rate not to exceed
35% of the gross receipts from the sales of motor fuel in the
4course of the business. As used in this Act, the term "motor
5fuel" shall have the same meaning as in the Motor Fuel Tax Law.
6The Board may provide for details of the tax. The provisions of
7any tax shall conform, as closely as may be practicable, to the
8provisions of the Municipal Retailers Occupation Tax Act,
9including without limitation, conformity to penalties with
10respect to the tax imposed and as to the powers of the State
11Department of Revenue to promulgate and enforce rules and
12regulations relating to the administration and enforcement of
13the provisions of the tax imposed, except that reference in the
14Act to any municipality shall refer to the Authority and the
15tax shall be imposed only with regard to receipts from sales of
16motor fuel in the metropolitan region, at rates as limited by
17this Section.
18    (c) In connection with the tax imposed under paragraph (b)
19of this Section the Board may impose a tax upon the privilege
20of using in the metropolitan region motor fuel for the
21operation of a motor vehicle upon public highways, the tax to
22be at a rate not in excess of the rate of tax imposed under
23paragraph (b) of this Section. The Board may provide for
24details of the tax.
25    (d) The Board may impose a motor vehicle parking tax upon
26the privilege of parking motor vehicles at off-street parking

 

 

SB2217- 539 -LRB100 13147 JWD 27539 b

1facilities in the metropolitan region at which a fee is
2charged, and may provide for reasonable classifications in and
3exemptions to the tax, for administration and enforcement
4thereof and for civil penalties and refunds thereunder and may
5provide criminal penalties thereunder, the maximum penalties
6not to exceed the maximum criminal penalties provided in the
7Retailers' Occupation Tax Act. The Authority may collect and
8enforce the tax itself or by contract with any unit of local
9government. The State Department of Revenue shall have no
10responsibility for the collection and enforcement unless the
11Department agrees with the Authority to undertake the
12collection and enforcement. As used in this paragraph, the term
13"parking facility" means a parking area or structure having
14parking spaces for more than 2 vehicles at which motor vehicles
15are permitted to park in return for an hourly, daily, or other
16periodic fee, whether publicly or privately owned, but does not
17include parking spaces on a public street, the use of which is
18regulated by parking meters.
19    (e) The Board may impose a Regional Transportation
20Authority Retailers' Occupation Tax upon all persons engaged in
21the business of selling tangible personal property at retail in
22the metropolitan region. In Cook County the tax rate shall be
231.25% of the gross receipts from sales of food for human
24consumption that is to be consumed off the premises where it is
25sold (other than alcoholic beverages, soft drinks and food that
26has been prepared for immediate consumption) and prescription

 

 

SB2217- 540 -LRB100 13147 JWD 27539 b

1and nonprescription medicines, drugs, medical appliances and
2insulin, urine testing materials, syringes and needles used by
3diabetics, and 1% of the gross receipts from other taxable
4sales made in the course of that business. In DuPage, Kane,
5Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
6of the gross receipts from all taxable sales made in the course
7of that business. The tax imposed under this Section and all
8civil penalties that may be assessed as an incident thereof
9shall be collected and enforced by the State Department of
10Revenue. The Department shall have full power to administer and
11enforce this Section; to collect all taxes and penalties so
12collected in the manner hereinafter provided; and to determine
13all rights to credit memoranda arising on account of the
14erroneous payment of tax or penalty hereunder. In the
15administration of, and compliance with this Section, the
16Department and persons who are subject to this Section shall
17have the same rights, remedies, privileges, immunities, powers
18and duties, and be subject to the same conditions,
19restrictions, limitations, penalties, exclusions, exemptions
20and definitions of terms, and employ the same modes of
21procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
221e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
23therein other than the State rate of tax), 2c, 3 (except as to
24the disposition of taxes and penalties collected), 4, 5, 5a,
255b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
267, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act

 

 

SB2217- 541 -LRB100 13147 JWD 27539 b

1and Section 3-7 of the Uniform Penalty and Interest Act, as
2fully as if those provisions were set forth herein.
3    Persons subject to any tax imposed under the authority
4granted in this Section may reimburse themselves for their
5seller's tax liability hereunder by separately stating the tax
6as an additional charge, which charge may be stated in
7combination in a single amount with State taxes that sellers
8are required to collect under the Use Tax Act, under any
9bracket schedules the Department may prescribe.
10    Whenever the Department determines that a refund should be
11made under this Section to a claimant instead of issuing a
12credit memorandum, the Department shall notify the State
13Comptroller, who shall cause the warrant to be drawn for the
14amount specified, and to the person named, in the notification
15from the Department. The refund shall be paid by the State
16Treasurer out of the Regional Transportation Authority tax fund
17established under paragraph (n) of this Section.
18    If a tax is imposed under this subsection (e), a tax shall
19also be imposed under subsections (f) and (g) of this Section.
20    For the purpose of determining whether a tax authorized
21under this Section is applicable, a retail sale by a producer
22of coal or other mineral mined in Illinois, is a sale at retail
23at the place where the coal or other mineral mined in Illinois
24is extracted from the earth. This paragraph does not apply to
25coal or other mineral when it is delivered or shipped by the
26seller to the purchaser at a point outside Illinois so that the

 

 

SB2217- 542 -LRB100 13147 JWD 27539 b

1sale is exempt under the Federal Constitution as a sale in
2interstate or foreign commerce.
3    No tax shall be imposed or collected under this subsection
4on the sale of a motor vehicle in this State to a resident of
5another state if that motor vehicle will not be titled in this
6State.
7    Nothing in this Section shall be construed to authorize the
8Regional Transportation Authority to impose a tax upon the
9privilege of engaging in any business that under the
10Constitution of the United States may not be made the subject
11of taxation by this State.
12    (f) If a tax has been imposed under paragraph (e), a
13Regional Transportation Authority Service Occupation Tax shall
14also be imposed upon all persons engaged, in the metropolitan
15region in the business of making sales of service, who as an
16incident to making the sales of service, transfer tangible
17personal property within the metropolitan region, either in the
18form of tangible personal property or in the form of real
19estate as an incident to a sale of service. In Cook County, the
20tax rate shall be: (1) 1.25% of the serviceman's cost price of
21food prepared for immediate consumption and transferred
22incident to a sale of service subject to the service occupation
23tax by an entity licensed under the Hospital Licensing Act, the
24Nursing Home Care Act, the Specialized Mental Health
25Rehabilitation Act of 2013, the ID/DD Community Care Act, or
26the MC/DD Act that is located in the metropolitan region; (2)

 

 

SB2217- 543 -LRB100 13147 JWD 27539 b

11.25% of the selling price of food for human consumption that
2is to be consumed off the premises where it is sold (other than
3alcoholic beverages, soft drinks and food that has been
4prepared for immediate consumption) and prescription and
5nonprescription medicines, drugs, medical appliances and
6insulin, urine testing materials, syringes and needles used by
7diabetics; and (3) 1% of the selling price from other taxable
8sales of tangible personal property transferred. In DuPage,
9Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
10of the selling price of all tangible personal property
11transferred.
12    The tax imposed under this paragraph and all civil
13penalties that may be assessed as an incident thereof shall be
14collected and enforced by the State Department of Revenue. The
15Department shall have full power to administer and enforce this
16paragraph; to collect all taxes and penalties due hereunder; to
17dispose of taxes and penalties collected in the manner
18hereinafter provided; and to determine all rights to credit
19memoranda arising on account of the erroneous payment of tax or
20penalty hereunder. In the administration of and compliance with
21this paragraph, the Department and persons who are subject to
22this paragraph shall have the same rights, remedies,
23privileges, immunities, powers and duties, and be subject to
24the same conditions, restrictions, limitations, penalties,
25exclusions, exemptions and definitions of terms, and employ the
26same modes of procedure, as are prescribed in Sections 1a-1, 2,

 

 

SB2217- 544 -LRB100 13147 JWD 27539 b

12a, 3 through 3-50 (in respect to all provisions therein other
2than the State rate of tax), 4 (except that the reference to
3the State shall be to the Authority), 5, 7, 8 (except that the
4jurisdiction to which the tax shall be a debt to the extent
5indicated in that Section 8 shall be the Authority), 9 (except
6as to the disposition of taxes and penalties collected, and
7except that the returned merchandise credit for this tax may
8not be taken against any State tax), 10, 11, 12 (except the
9reference therein to Section 2b of the Retailers' Occupation
10Tax Act), 13 (except that any reference to the State shall mean
11the Authority), the first paragraph of Section 15, 16, 17, 18,
1219 and 20 of the Service Occupation Tax Act and Section 3-7 of
13the Uniform Penalty and Interest Act, as fully as if those
14provisions were set forth herein.
15    Persons subject to any tax imposed under the authority
16granted in this paragraph may reimburse themselves for their
17serviceman's tax liability hereunder by separately stating the
18tax as an additional charge, that charge may be stated in
19combination in a single amount with State tax that servicemen
20are authorized to collect under the Service Use Tax Act, under
21any bracket schedules the Department may prescribe.
22    Whenever the Department determines that a refund should be
23made under this paragraph to a claimant instead of issuing a
24credit memorandum, the Department shall notify the State
25Comptroller, who shall cause the warrant to be drawn for the
26amount specified, and to the person named in the notification

 

 

SB2217- 545 -LRB100 13147 JWD 27539 b

1from the Department. The refund shall be paid by the State
2Treasurer out of the Regional Transportation Authority tax fund
3established under paragraph (n) of this Section.
4    Nothing in this paragraph shall be construed to authorize
5the Authority to impose a tax upon the privilege of engaging in
6any business that under the Constitution of the United States
7may not be made the subject of taxation by the State.
8    (g) If a tax has been imposed under paragraph (e), a tax
9shall also be imposed upon the privilege of using in the
10metropolitan region, any item of tangible personal property
11that is purchased outside the metropolitan region at retail
12from a retailer, and that is titled or registered with an
13agency of this State's government. In Cook County the tax rate
14shall be 1% of the selling price of the tangible personal
15property, as "selling price" is defined in the Use Tax Act. In
16DuPage, Kane, Lake, McHenry and Will counties the tax rate
17shall be 0.75% of the selling price of the tangible personal
18property, as "selling price" is defined in the Use Tax Act. The
19tax shall be collected from persons whose Illinois address for
20titling or registration purposes is given as being in the
21metropolitan region. The tax shall be collected by the
22Department of Revenue for the Regional Transportation
23Authority. The tax must be paid to the State, or an exemption
24determination must be obtained from the Department of Revenue,
25before the title or certificate of registration for the
26property may be issued. The tax or proof of exemption may be

 

 

SB2217- 546 -LRB100 13147 JWD 27539 b

1transmitted to the Department by way of the State agency with
2which, or the State officer with whom, the tangible personal
3property must be titled or registered if the Department and the
4State agency or State officer determine that this procedure
5will expedite the processing of applications for title or
6registration.
7    The Department shall have full power to administer and
8enforce this paragraph; to collect all taxes, penalties and
9interest due hereunder; to dispose of taxes, penalties and
10interest collected in the manner hereinafter provided; and to
11determine all rights to credit memoranda or refunds arising on
12account of the erroneous payment of tax, penalty or interest
13hereunder. In the administration of and compliance with this
14paragraph, the Department and persons who are subject to this
15paragraph shall have the same rights, remedies, privileges,
16immunities, powers and duties, and be subject to the same
17conditions, restrictions, limitations, penalties, exclusions,
18exemptions and definitions of terms and employ the same modes
19of procedure, as are prescribed in Sections 2 (except the
20definition of "retailer maintaining a place of business in this
21State"), 3 through 3-80 (except provisions pertaining to the
22State rate of tax, and except provisions concerning collection
23or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
2419 (except the portions pertaining to claims by retailers and
25except the last paragraph concerning refunds), 20, 21 and 22 of
26the Use Tax Act, and are not inconsistent with this paragraph,

 

 

SB2217- 547 -LRB100 13147 JWD 27539 b

1as fully as if those provisions were set forth herein.
2    Whenever the Department determines that a refund should be
3made under this paragraph to a claimant instead of issuing a
4credit memorandum, the Department shall notify the State
5Comptroller, who shall cause the order to be drawn for the
6amount specified, and to the person named in the notification
7from the Department. The refund shall be paid by the State
8Treasurer out of the Regional Transportation Authority tax fund
9established under paragraph (n) of this Section.
10    (h) The Authority may impose a replacement vehicle tax of
11$50 on any passenger car as defined in Section 1-157 of the
12Illinois Vehicle Code purchased within the metropolitan region
13by or on behalf of an insurance company to replace a passenger
14car of an insured person in settlement of a total loss claim.
15The tax imposed may not become effective before the first day
16of the month following the passage of the ordinance imposing
17the tax and receipt of a certified copy of the ordinance by the
18Department of Revenue. The Department of Revenue shall collect
19the tax for the Authority in accordance with Sections 3-2002
20and 3-2003 of the Illinois Vehicle Code.
21    The Department shall immediately pay over to the State
22Treasurer, ex officio, as trustee, all taxes collected
23hereunder.
24    As soon as possible after the first day of each month,
25beginning January 1, 2011, upon certification of the Department
26of Revenue, the Comptroller shall order transferred, and the

 

 

SB2217- 548 -LRB100 13147 JWD 27539 b

1Treasurer shall transfer, to the STAR Bonds Revenue Fund the
2local sales tax increment, as defined in the Innovation
3Development and Economy Act, collected under this Section
4during the second preceding calendar month for sales within a
5STAR bond district.
6    After the monthly transfer to the STAR Bonds Revenue Fund,
7on or before the 25th day of each calendar month, the
8Department shall prepare and certify to the Comptroller the
9disbursement of stated sums of money to the Authority. The
10amount to be paid to the Authority shall be the amount
11collected hereunder during the second preceding calendar month
12by the Department, less any amount determined by the Department
13to be necessary for the payment of refunds, and less any
14amounts that are transferred to the STAR Bonds Revenue Fund.
15Within 10 days after receipt by the Comptroller of the
16disbursement certification to the Authority provided for in
17this Section to be given to the Comptroller by the Department,
18the Comptroller shall cause the orders to be drawn for that
19amount in accordance with the directions contained in the
20certification.
21    (i) The Board may not impose any other taxes except as it
22may from time to time be authorized by law to impose.
23    (j) A certificate of registration issued by the State
24Department of Revenue to a retailer under the Retailers'
25Occupation Tax Act or under the Service Occupation Tax Act
26shall permit the registrant to engage in a business that is

 

 

SB2217- 549 -LRB100 13147 JWD 27539 b

1taxed under the tax imposed under paragraphs (b), (e), (f) or
2(g) of this Section and no additional registration shall be
3required under the tax. A certificate issued under the Use Tax
4Act or the Service Use Tax Act shall be applicable with regard
5to any tax imposed under paragraph (c) of this Section.
6    (k) The provisions of any tax imposed under paragraph (c)
7of this Section shall conform as closely as may be practicable
8to the provisions of the Use Tax Act, including without
9limitation conformity as to penalties with respect to the tax
10imposed and as to the powers of the State Department of Revenue
11to promulgate and enforce rules and regulations relating to the
12administration and enforcement of the provisions of the tax
13imposed. The taxes shall be imposed only on use within the
14metropolitan region and at rates as provided in the paragraph.
15    (l) The Board in imposing any tax as provided in paragraphs
16(b) and (c) of this Section, shall, after seeking the advice of
17the State Department of Revenue, provide means for retailers,
18users or purchasers of motor fuel for purposes other than those
19with regard to which the taxes may be imposed as provided in
20those paragraphs to receive refunds of taxes improperly paid,
21which provisions may be at variance with the refund provisions
22as applicable under the Municipal Retailers Occupation Tax Act.
23The State Department of Revenue may provide for certificates of
24registration for users or purchasers of motor fuel for purposes
25other than those with regard to which taxes may be imposed as
26provided in paragraphs (b) and (c) of this Section to

 

 

SB2217- 550 -LRB100 13147 JWD 27539 b

1facilitate the reporting and nontaxability of the exempt sales
2or uses.
3    (m) Any ordinance imposing or discontinuing any tax under
4this Section shall be adopted and a certified copy thereof
5filed with the Department on or before June 1, whereupon the
6Department of Revenue shall proceed to administer and enforce
7this Section on behalf of the Regional Transportation Authority
8as of September 1 next following such adoption and filing.
9Beginning January 1, 1992, an ordinance or resolution imposing
10or discontinuing the tax hereunder shall be adopted and a
11certified copy thereof filed with the Department on or before
12the first day of July, whereupon the Department shall proceed
13to administer and enforce this Section as of the first day of
14October next following such adoption and filing. Beginning
15January 1, 1993, an ordinance or resolution imposing,
16increasing, decreasing, or discontinuing the tax hereunder
17shall be adopted and a certified copy thereof filed with the
18Department, whereupon the Department shall proceed to
19administer and enforce this Section as of the first day of the
20first month to occur not less than 60 days following such
21adoption and filing. Any ordinance or resolution of the
22Authority imposing a tax under this Section and in effect on
23August 1, 2007 shall remain in full force and effect and shall
24be administered by the Department of Revenue under the terms
25and conditions and rates of tax established by such ordinance
26or resolution until the Department begins administering and

 

 

SB2217- 551 -LRB100 13147 JWD 27539 b

1enforcing an increased tax under this Section as authorized by
2Public Act 95-708. The tax rates authorized by Public Act
395-708 are effective only if imposed by ordinance of the
4Authority.
5    (n) The State Department of Revenue shall, upon collecting
6any taxes as provided in this Section, pay the taxes over to
7the State Treasurer as trustee for the Authority. The taxes
8shall be held in a trust fund outside the State Treasury. On or
9before the 25th day of each calendar month, the State
10Department of Revenue shall prepare and certify to the
11Comptroller of the State of Illinois and to the Authority (i)
12the amount of taxes collected in each County other than Cook
13County in the metropolitan region, (ii) the amount of taxes
14collected within the City of Chicago, and (iii) the amount
15collected in that portion of Cook County outside of Chicago,
16each amount less the amount necessary for the payment of
17refunds to taxpayers located in those areas described in items
18(i), (ii), and (iii), and less 2% of the remainder, which shall
19be transferred from the trust fund into the Tax Compliance and
20Administration Fund. The Department, at the time of each
21monthly disbursement to the Authority, shall prepare and
22certify to the State Comptroller the amount to be transferred
23into the Tax Compliance and Administration Fund under this
24subsection. Within 10 days after receipt by the Comptroller of
25the certification of the amounts, the Comptroller shall cause
26an order to be drawn for the transfer of the amount certified

 

 

SB2217- 552 -LRB100 13147 JWD 27539 b

1into the Tax Compliance and Administration Fund and the payment
2of two-thirds of the amounts certified in item (i) of this
3subsection to the Authority and one-third of the amounts
4certified in item (i) of this subsection to the respective
5counties other than Cook County and the amount certified in
6items (ii) and (iii) of this subsection to the Authority.
7    In addition to the disbursement required by the preceding
8paragraph, an allocation shall be made in July 1991 and each
9year thereafter to the Regional Transportation Authority. The
10allocation shall be made in an amount equal to the average
11monthly distribution during the preceding calendar year
12(excluding the 2 months of lowest receipts) and the allocation
13shall include the amount of average monthly distribution from
14the Regional Transportation Authority Occupation and Use Tax
15Replacement Fund. The distribution made in July 1992 and each
16year thereafter under this paragraph and the preceding
17paragraph shall be reduced by the amount allocated and
18disbursed under this paragraph in the preceding calendar year.
19The Department of Revenue shall prepare and certify to the
20Comptroller for disbursement the allocations made in
21accordance with this paragraph.
22    (o) Failure to adopt a budget ordinance or otherwise to
23comply with Section 4.01 of this Act or to adopt a Five-year
24Capital Program or otherwise to comply with paragraph (b) of
25Section 2.01 of this Act shall not affect the validity of any
26tax imposed by the Authority otherwise in conformity with law.

 

 

SB2217- 553 -LRB100 13147 JWD 27539 b

1    (p) At no time shall a public transportation tax or motor
2vehicle parking tax authorized under paragraphs (b), (c) and
3(d) of this Section be in effect at the same time as any
4retailers' occupation, use or service occupation tax
5authorized under paragraphs (e), (f) and (g) of this Section is
6in effect.
7    Any taxes imposed under the authority provided in
8paragraphs (b), (c) and (d) shall remain in effect only until
9the time as any tax authorized by paragraphs (e), (f) or (g) of
10this Section are imposed and becomes effective. Once any tax
11authorized by paragraphs (e), (f) or (g) is imposed the Board
12may not reimpose taxes as authorized in paragraphs (b), (c) and
13(d) of the Section unless any tax authorized by paragraphs (e),
14(f) or (g) of this Section becomes ineffective by means other
15than an ordinance of the Board.
16    (q) Any existing rights, remedies and obligations
17(including enforcement by the Regional Transportation
18Authority) arising under any tax imposed under paragraphs (b),
19(c) or (d) of this Section shall not be affected by the
20imposition of a tax under paragraphs (e), (f) or (g) of this
21Section.
22(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
2399-217, eff. 7-31-15; 99-642, eff. 7-28-16.)
 
24    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
25    Sec. 4.09. Public Transportation Fund and the Regional

 

 

SB2217- 554 -LRB100 13147 JWD 27539 b

1Transportation Authority Occupation and Use Tax Replacement
2Fund.
3    (a)(1) Except as provided below in paragraph (4), as As
4soon as possible after the first day of each month, beginning
5July 1, 1984, upon certification of the Department of Revenue,
6the Comptroller shall order transferred and the Treasurer shall
7transfer from the General Revenue Fund to a special fund in the
8State Treasury to be known as the Public Transportation Fund an
9amount equal to 25% of the net revenue, before the deduction of
10the serviceman and retailer discounts pursuant to Section 9 of
11the Service Occupation Tax Act and Section 3 of the Retailers'
12Occupation Tax Act, realized from any tax imposed by the
13Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
14amounts deposited into the Regional Transportation Authority
15tax fund created by Section 4.03 of this Act, from the County
16and Mass Transit District Fund as provided in Section 6z-20 of
17the State Finance Act and 25% of the amounts deposited into the
18Regional Transportation Authority Occupation and Use Tax
19Replacement Fund from the State and Local Sales Tax Reform Fund
20as provided in Section 6z-17 of the State Finance Act. On the
21first day of the month following the date that the Department
22receives revenues from increased taxes under Section 4.03(m) as
23authorized by this amendatory Act of the 95th General Assembly,
24in lieu of the transfers authorized in the preceding sentence,
25upon certification of the Department of Revenue, the
26Comptroller shall order transferred and the Treasurer shall

 

 

SB2217- 555 -LRB100 13147 JWD 27539 b

1transfer from the General Revenue Fund to the Public
2Transportation Fund an amount equal to 25% of the net revenue,
3before the deduction of the serviceman and retailer discounts
4pursuant to Section 9 of the Service Occupation Tax Act and
5Section 3 of the Retailers' Occupation Tax Act, realized from
6(i) 80% of the proceeds of any tax imposed by the Authority at
7a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any
8tax imposed by the Authority at the rate of 1% in Cook County,
9and (iii) one-third of the proceeds of any tax imposed by the
10Authority at the rate of 0.75% in the Counties of DuPage, Kane,
11Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
12of the net revenue realized from any tax imposed by the
13Authority pursuant to Section 4.03.1, and 25% of the amounts
14deposited into the Regional Transportation Authority tax fund
15created by Section 4.03 of this Act from the County and Mass
16Transit District Fund as provided in Section 6z-20 of the State
17Finance Act, and 25% of the amounts deposited into the Regional
18Transportation Authority Occupation and Use Tax Replacement
19Fund from the State and Local Sales Tax Reform Fund as provided
20in Section 6z-17 of the State Finance Act. As used in this
21Section, net revenue realized for a month shall be the revenue
22collected by the State pursuant to Sections 4.03 and 4.03.1
23during the previous month from within the metropolitan region,
24less the amount paid out during that same month as refunds to
25taxpayers for overpayment of liability in the metropolitan
26region under Sections 4.03 and 4.03.1.

 

 

SB2217- 556 -LRB100 13147 JWD 27539 b

1    (2) Except as provided below in paragraph (4), on On the
2first day of the month following the effective date of this
3amendatory Act of the 95th General Assembly and each month
4thereafter, upon certification by the Department of Revenue,
5the Comptroller shall order transferred and the Treasurer shall
6transfer from the General Revenue Fund to the Public
7Transportation Fund an amount equal to 5% (2.5% beginning July
81, 2017) of the net revenue, before the deduction of the
9serviceman and retailer discounts pursuant to Section 9 of the
10Service Occupation Tax Act and Section 3 of the Retailers'
11Occupation Tax Act, realized from any tax imposed by the
12Authority pursuant to Sections 4.03 and 4.03.1 and certified by
13the Department of Revenue under Section 4.03(n) of this Act to
14be paid to the Authority and 5% (2.5% beginning July 1, 2017)
15of the amounts deposited into the Regional Transportation
16Authority tax fund created by Section 4.03 of this Act from the
17County and Mass Transit District Fund as provided in Section
186z-20 of the State Finance Act, and 5% (2.5% beginning July 1,
192017) of the amounts deposited into the Regional Transportation
20Authority Occupation and Use Tax Replacement Fund from the
21State and Local Sales Tax Reform Fund as provided in Section
226z-17 of the State Finance Act, and 5% (2.5% beginning July 1,
232017) of the revenue realized by the Chicago Transit Authority
24as financial assistance from the City of Chicago from the
25proceeds of any tax imposed by the City of Chicago under
26Section 8-3-19 of the Illinois Municipal Code.

 

 

SB2217- 557 -LRB100 13147 JWD 27539 b

1    (3) Except as provided below in paragraph (4), as As soon
2as possible after the first day of January, 2009 and each month
3thereafter, upon certification of the Department of Revenue
4with respect to the taxes collected under Section 4.03, the
5Comptroller shall order transferred and the Treasurer shall
6transfer from the General Revenue Fund to the Public
7Transportation Fund an amount equal to 25% of the net revenue,
8before the deduction of the serviceman and retailer discounts
9pursuant to Section 9 of the Service Occupation Tax Act and
10Section 3 of the Retailers' Occupation Tax Act, realized from
11(i) 20% of the proceeds of any tax imposed by the Authority at
12a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
13tax imposed by the Authority at the rate of 1% in Cook County,
14and (iii) one-third of the proceeds of any tax imposed by the
15Authority at the rate of 0.75% in the Counties of DuPage, Kane,
16Lake, McHenry, and Will, all pursuant to Section 4.03, and the
17Comptroller shall order transferred and the Treasurer shall
18transfer from the General Revenue Fund to the Public
19Transportation Fund (iv) an amount equal to 25% of the revenue
20realized by the Chicago Transit Authority as financial
21assistance from the City of Chicago from the proceeds of any
22tax imposed by the City of Chicago under Section 8-3-19 of the
23Illinois Municipal Code.
24    (4) Beginning July 1, 2017, with respect to the total sums
25of funds to be certified by the Department under paragraphs
26(1), (2), and (3), upon certification of the Department of

 

 

SB2217- 558 -LRB100 13147 JWD 27539 b

1Revenue, the Comptroller shall order transferred, and the
2Treasurer shall transfer the initial $100,000,000 each State
3fiscal year from the Road Fund, not from the General Revenue
4Fund. Any amounts after the initial $100,000,000 in each State
5fiscal year shall be certified by the Department, ordered
6transferred by the Comptroller, and transferred by the
7Treasurer from the General Revenue Fund as provided in
8paragraphs (1), (2), and (3).
9    (b)(1) All moneys deposited in the Public Transportation
10Fund and the Regional Transportation Authority Occupation and
11Use Tax Replacement Fund, whether deposited pursuant to this
12Section or otherwise, are allocated to the Authority. The
13Comptroller, as soon as possible after each monthly transfer
14provided in this Section and after each deposit into the Public
15Transportation Fund, shall order the Treasurer to pay to the
16Authority out of the Public Transportation Fund the amount so
17transferred or deposited. Any Additional State Assistance and
18Additional Financial Assistance paid to the Authority under
19this Section shall be expended by the Authority for its
20purposes as provided in this Act. The balance of the amounts
21paid to the Authority from the Public Transportation Fund shall
22be expended by the Authority as provided in Section 4.03.3. The
23Comptroller, as soon as possible after each deposit into the
24Regional Transportation Authority Occupation and Use Tax
25Replacement Fund provided in this Section and Section 6z-17 of
26the State Finance Act, shall order the Treasurer to pay to the

 

 

SB2217- 559 -LRB100 13147 JWD 27539 b

1Authority out of the Regional Transportation Authority
2Occupation and Use Tax Replacement Fund the amount so
3deposited. Such amounts paid to the Authority may be expended
4by it for its purposes as provided in this Act. The provisions
5directing the distributions from the Public Transportation
6Fund and the Regional Transportation Authority Occupation and
7Use Tax Replacement Fund provided for in this Section shall
8constitute an irrevocable and continuing appropriation of all
9amounts as provided herein. The State Treasurer and State
10Comptroller are hereby authorized and directed to make
11distributions as provided in this Section. (2) Provided,
12however, no moneys deposited under subsection (a) of this
13Section shall be paid from the Public Transportation Fund to
14the Authority or its assignee for any fiscal year until the
15Authority has certified to the Governor, the Comptroller, and
16the Mayor of the City of Chicago that it has adopted for that
17fiscal year an Annual Budget and Two-Year Financial Plan
18meeting the requirements in Section 4.01(b).
19    (c) In recognition of the efforts of the Authority to
20enhance the mass transportation facilities under its control,
21the State shall provide financial assistance ("Additional
22State Assistance") in excess of the amounts transferred to the
23Authority from the General Revenue Fund under subsection (a) of
24this Section. Additional State Assistance shall be calculated
25as provided in subsection (d), but shall in no event exceed the
26following specified amounts with respect to the following State

 

 

SB2217- 560 -LRB100 13147 JWD 27539 b

1fiscal years:
2        1990$5,000,000;
3        1991$5,000,000;
4        1992$10,000,000;
5        1993$10,000,000;
6        1994$20,000,000;
7        1995$30,000,000;
8        1996$40,000,000;
9        1997$50,000,000;
10        1998$55,000,000; and
11        each year thereafter$55,000,000.
12    (c-5) The State shall provide financial assistance
13("Additional Financial Assistance") in addition to the
14Additional State Assistance provided by subsection (c) and the
15amounts transferred to the Authority from the General Revenue
16Fund under subsection (a) of this Section. Additional Financial
17Assistance provided by this subsection shall be calculated as
18provided in subsection (d), but shall in no event exceed the
19following specified amounts with respect to the following State
20fiscal years:
21        2000$0;
22        2001$16,000,000;
23        2002$35,000,000;
24        2003$54,000,000;
25        2004$73,000,000;
26        2005$93,000,000; and

 

 

SB2217- 561 -LRB100 13147 JWD 27539 b

1        each year thereafter$100,000,000.
2    (d) Beginning with State fiscal year 1990 and continuing
3for each State fiscal year thereafter, the Authority shall
4annually certify to the State Comptroller and State Treasurer,
5separately with respect to each of subdivisions (g)(2) and
6(g)(3) of Section 4.04 of this Act, the following amounts:
7        (1) The amount necessary and required, during the State
8    fiscal year with respect to which the certification is
9    made, to pay its obligations for debt service on all
10    outstanding bonds or notes issued by the Authority under
11    subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
12        (2) An estimate of the amount necessary and required to
13    pay its obligations for debt service for any bonds or notes
14    which the Authority anticipates it will issue under
15    subdivisions (g)(2) and (g)(3) of Section 4.04 during that
16    State fiscal year.
17        (3) Its debt service savings during the preceding State
18    fiscal year from refunding or advance refunding of bonds or
19    notes issued under subdivisions (g)(2) and (g)(3) of
20    Section 4.04.
21        (4) The amount of interest, if any, earned by the
22    Authority during the previous State fiscal year on the
23    proceeds of bonds or notes issued pursuant to subdivisions
24    (g)(2) and (g)(3) of Section 4.04, other than refunding or
25    advance refunding bonds or notes.
26    The certification shall include a specific schedule of debt

 

 

SB2217- 562 -LRB100 13147 JWD 27539 b

1service payments, including the date and amount of each payment
2for all outstanding bonds or notes and an estimated schedule of
3anticipated debt service for all bonds and notes it intends to
4issue, if any, during that State fiscal year, including the
5estimated date and estimated amount of each payment.
6    Immediately upon the issuance of bonds for which an
7estimated schedule of debt service payments was prepared, the
8Authority shall file an amended certification with respect to
9item (2) above, to specify the actual schedule of debt service
10payments, including the date and amount of each payment, for
11the remainder of the State fiscal year.
12    On the first day of each month of the State fiscal year in
13which there are bonds outstanding with respect to which the
14certification is made, the State Comptroller shall order
15transferred and the State Treasurer shall transfer from the
16Road General Revenue Fund to the Public Transportation Fund the
17Additional State Assistance and Additional Financial
18Assistance in an amount equal to the aggregate of (i)
19one-twelfth of the sum of the amounts certified under items (1)
20and (3) above less the amount certified under item (4) above,
21plus (ii) the amount required to pay debt service on bonds and
22notes issued during the fiscal year, if any, divided by the
23number of months remaining in the fiscal year after the date of
24issuance, or some smaller portion as may be necessary under
25subsection (c) or (c-5) of this Section for the relevant State
26fiscal year, plus (iii) any cumulative deficiencies in

 

 

SB2217- 563 -LRB100 13147 JWD 27539 b

1transfers for prior months, until an amount equal to the sum of
2the amounts certified under items (1) and (3) above, plus the
3actual debt service certified under item (2) above, less the
4amount certified under item (4) above, has been transferred;
5except that these transfers are subject to the following
6limits:
7        (A) In no event shall the total transfers in any State
8    fiscal year relating to outstanding bonds and notes issued
9    by the Authority under subdivision (g)(2) of Section 4.04
10    exceed the lesser of the annual maximum amount specified in
11    subsection (c) or the sum of the amounts certified under
12    items (1) and (3) above, plus the actual debt service
13    certified under item (2) above, less the amount certified
14    under item (4) above, with respect to those bonds and
15    notes.
16        (B) In no event shall the total transfers in any State
17    fiscal year relating to outstanding bonds and notes issued
18    by the Authority under subdivision (g)(3) of Section 4.04
19    exceed the lesser of the annual maximum amount specified in
20    subsection (c-5) or the sum of the amounts certified under
21    items (1) and (3) above, plus the actual debt service
22    certified under item (2) above, less the amount certified
23    under item (4) above, with respect to those bonds and
24    notes.
25    The term "outstanding" does not include bonds or notes for
26which refunding or advance refunding bonds or notes have been

 

 

SB2217- 564 -LRB100 13147 JWD 27539 b

1issued.
2    (e) Neither Additional State Assistance nor Additional
3Financial Assistance may be pledged, either directly or
4indirectly as general revenues of the Authority, as security
5for any bonds issued by the Authority. The Authority may not
6assign its right to receive Additional State Assistance or
7Additional Financial Assistance, or direct payment of
8Additional State Assistance or Additional Financial
9Assistance, to a trustee or any other entity for the payment of
10debt service on its bonds.
11    (f) The certification required under subsection (d) with
12respect to outstanding bonds and notes of the Authority shall
13be filed as early as practicable before the beginning of the
14State fiscal year to which it relates. The certification shall
15be revised as may be necessary to accurately state the debt
16service requirements of the Authority.
17    (g) Within 6 months of the end of each fiscal year, the
18Authority shall determine:
19        (i) whether the aggregate of all system generated
20    revenues for public transportation in the metropolitan
21    region which is provided by, or under grant or purchase of
22    service contracts with, the Service Boards equals 50% of
23    the aggregate of all costs of providing such public
24    transportation. "System generated revenues" include all
25    the proceeds of fares and charges for services provided,
26    contributions received in connection with public

 

 

SB2217- 565 -LRB100 13147 JWD 27539 b

1    transportation from units of local government other than
2    the Authority, except for contributions received by the
3    Chicago Transit Authority from a real estate transfer tax
4    imposed under subsection (i) of Section 8-3-19 of the
5    Illinois Municipal Code, and from the State pursuant to
6    subsection (i) of Section 2705-305 of the Department of
7    Transportation Law (20 ILCS 2705/2705-305), and all other
8    revenues properly included consistent with generally
9    accepted accounting principles but may not include: the
10    proceeds from any borrowing, and, beginning with the 2007
11    fiscal year, all revenues and receipts, including but not
12    limited to fares and grants received from the federal,
13    State or any unit of local government or other entity,
14    derived from providing ADA paratransit service pursuant to
15    Section 2.30 of the Regional Transportation Authority Act.
16    "Costs" include all items properly included as operating
17    costs consistent with generally accepted accounting
18    principles, including administrative costs, but do not
19    include: depreciation; payment of principal and interest
20    on bonds, notes or other evidences of obligations for
21    borrowed money of the Authority; payments with respect to
22    public transportation facilities made pursuant to
23    subsection (b) of Section 2.20; any payments with respect
24    to rate protection contracts, credit enhancements or
25    liquidity agreements made under Section 4.14; any other
26    cost as to which it is reasonably expected that a cash

 

 

SB2217- 566 -LRB100 13147 JWD 27539 b

1    expenditure will not be made; costs for passenger security
2    including grants, contracts, personnel, equipment and
3    administrative expenses, except in the case of the Chicago
4    Transit Authority, in which case the term does not include
5    costs spent annually by that entity for protection against
6    crime as required by Section 27a of the Metropolitan
7    Transit Authority Act; the costs of Debt Service paid by
8    the Chicago Transit Authority, as defined in Section 12c of
9    the Metropolitan Transit Authority Act, or bonds or notes
10    issued pursuant to that Section; the payment by the
11    Commuter Rail Division of debt service on bonds issued
12    pursuant to Section 3B.09; expenses incurred by the
13    Suburban Bus Division for the cost of new public
14    transportation services funded from grants pursuant to
15    Section 2.01e of this amendatory Act of the 95th General
16    Assembly for a period of 2 years from the date of
17    initiation of each such service; costs as exempted by the
18    Board for projects pursuant to Section 2.09 of this Act;
19    or, beginning with the 2007 fiscal year, expenses related
20    to providing ADA paratransit service pursuant to Section
21    2.30 of the Regional Transportation Authority Act; or in
22    fiscal years 2008 through 2012 inclusive, costs in the
23    amount of $200,000,000 in fiscal year 2008, reducing by
24    $40,000,000 in each fiscal year thereafter until this
25    exemption is eliminated. If said system generated revenues
26    are less than 50% of said costs, the Board shall remit an

 

 

SB2217- 567 -LRB100 13147 JWD 27539 b

1    amount equal to the amount of the deficit to the State. The
2    Treasurer shall deposit any such payment in the Road
3    General Revenue Fund; and
4        (ii) whether, beginning with the 2007 fiscal year, the
5    aggregate of all fares charged and received for ADA
6    paratransit services equals the system generated ADA
7    paratransit services revenue recovery ratio percentage of
8    the aggregate of all costs of providing such ADA
9    paratransit services.
10    (h) If the Authority makes any payment to the State under
11paragraph (g), the Authority shall reduce the amount provided
12to a Service Board from funds transferred under paragraph (a)
13in proportion to the amount by which that Service Board failed
14to meet its required system generated revenues recovery ratio.
15A Service Board which is affected by a reduction in funds under
16this paragraph shall submit to the Authority concurrently with
17its next due quarterly report a revised budget incorporating
18the reduction in funds. The revised budget must meet the
19criteria specified in clauses (i) through (vi) of Section
204.11(b)(2). The Board shall review and act on the revised
21budget as provided in Section 4.11(b)(3).
22(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
2395-906, eff. 8-26-08.)
 
24    Section 50-45. The Water Commission Act of 1985 is amended
25by changing Section 4 as follows:
 

 

 

SB2217- 568 -LRB100 13147 JWD 27539 b

1    (70 ILCS 3720/4)  (from Ch. 111 2/3, par. 254)
2    Sec. 4. Taxes.
3    (a) The board of commissioners of any county water
4commission may, by ordinance, impose throughout the territory
5of the commission any or all of the taxes provided in this
6Section for its corporate purposes. However, no county water
7commission may impose any such tax unless the commission
8certifies the proposition of imposing the tax to the proper
9election officials, who shall submit the proposition to the
10voters residing in the territory at an election in accordance
11with the general election law, and the proposition has been
12approved by a majority of those voting on the proposition.
13    The proposition shall be in the form provided in Section 5
14or shall be substantially in the following form:
15-------------------------------------------------------------
16    Shall the (insert corporate
17name of county water commission)           YES
18impose (state type of tax or         ------------------------
19taxes to be imposed) at the                NO
20rate of 1/4%?
21-------------------------------------------------------------
22    Taxes imposed under this Section and civil penalties
23imposed incident thereto shall be collected and enforced by the
24State Department of Revenue. The Department shall have the
25power to administer and enforce the taxes and to determine all

 

 

SB2217- 569 -LRB100 13147 JWD 27539 b

1rights for refunds for erroneous payments of the taxes.
2    (b) The board of commissioners may impose a County Water
3Commission Retailers' Occupation Tax upon all persons engaged
4in the business of selling tangible personal property at retail
5in the territory of the commission at a rate of 1/4% of the
6gross receipts from the sales made in the course of such
7business within the territory. The tax imposed under this
8paragraph and all civil penalties that may be assessed as an
9incident thereof shall be collected and enforced by the State
10Department of Revenue. The Department shall have full power to
11administer and enforce this paragraph; to collect all taxes and
12penalties due hereunder; to dispose of taxes and penalties so
13collected in the manner hereinafter provided; and to determine
14all rights to credit memoranda arising on account of the
15erroneous payment of tax or penalty hereunder. In the
16administration of, and compliance with, this paragraph, the
17Department and persons who are subject to this paragraph shall
18have the same rights, remedies, privileges, immunities, powers
19and duties, and be subject to the same conditions,
20restrictions, limitations, penalties, exclusions, exemptions
21and definitions of terms, and employ the same modes of
22procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
231e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
24therein other than the State rate of tax except that food for
25human consumption that is to be consumed off the premises where
26it is sold (other than alcoholic beverages, soft drinks, and

 

 

SB2217- 570 -LRB100 13147 JWD 27539 b

1food that has been prepared for immediate consumption) and
2prescription and nonprescription medicine, drugs, medical
3appliances and insulin, urine testing materials, syringes, and
4needles used by diabetics, for human use, shall not be subject
5to tax hereunder), 2c, 3 (except as to the disposition of taxes
6and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
75i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of
8the Retailers' Occupation Tax Act and Section 3-7 of the
9Uniform Penalty and Interest Act, as fully as if those
10provisions were set forth herein.
11    Persons subject to any tax imposed under the authority
12granted in this paragraph may reimburse themselves for their
13seller's tax liability hereunder by separately stating the tax
14as an additional charge, which charge may be stated in
15combination, in a single amount, with State taxes that sellers
16are required to collect under the Use Tax Act and under
17subsection (e) of Section 4.03 of the Regional Transportation
18Authority Act, in accordance with such bracket schedules as the
19Department may prescribe.
20    Whenever the Department determines that a refund should be
21made under this paragraph to a claimant instead of issuing a
22credit memorandum, the Department shall notify the State
23Comptroller, who shall cause the warrant to be drawn for the
24amount specified, and to the person named, in the notification
25from the Department. The refund shall be paid by the State
26Treasurer out of a county water commission tax fund established

 

 

SB2217- 571 -LRB100 13147 JWD 27539 b

1under paragraph (g) of this Section.
2    For the purpose of determining whether a tax authorized
3under this paragraph is applicable, a retail sale by a producer
4of coal or other mineral mined in Illinois is a sale at retail
5at the place where the coal or other mineral mined in Illinois
6is extracted from the earth. This paragraph does not apply to
7coal or other mineral when it is delivered or shipped by the
8seller to the purchaser at a point outside Illinois so that the
9sale is exempt under the Federal Constitution as a sale in
10interstate or foreign commerce.
11    If a tax is imposed under this subsection (b) a tax shall
12also be imposed under subsections (c) and (d) of this Section.
13    No tax shall be imposed or collected under this subsection
14on the sale of a motor vehicle in this State to a resident of
15another state if that motor vehicle will not be titled in this
16State.
17    Nothing in this paragraph shall be construed to authorize a
18county water commission to impose a tax upon the privilege of
19engaging in any business which under the Constitution of the
20United States may not be made the subject of taxation by this
21State.
22    (c) If a tax has been imposed under subsection (b), a
23County Water Commission Service Occupation Tax shall also be
24imposed upon all persons engaged, in the territory of the
25commission, in the business of making sales of service, who, as
26an incident to making the sales of service, transfer tangible

 

 

SB2217- 572 -LRB100 13147 JWD 27539 b

1personal property within the territory. The tax rate shall be
21/4% of the selling price of tangible personal property so
3transferred within the territory. The tax imposed under this
4paragraph and all civil penalties that may be assessed as an
5incident thereof shall be collected and enforced by the State
6Department of Revenue. The Department shall have full power to
7administer and enforce this paragraph; to collect all taxes and
8penalties due hereunder; to dispose of taxes and penalties so
9collected in the manner hereinafter provided; and to determine
10all rights to credit memoranda arising on account of the
11erroneous payment of tax or penalty hereunder. In the
12administration of, and compliance with, this paragraph, the
13Department and persons who are subject to this paragraph shall
14have the same rights, remedies, privileges, immunities, powers
15and duties, and be subject to the same conditions,
16restrictions, limitations, penalties, exclusions, exemptions
17and definitions of terms, and employ the same modes of
18procedure, as are prescribed in Sections 1a-1, 2 (except that
19the reference to State in the definition of supplier
20maintaining a place of business in this State shall mean the
21territory of the commission), 2a, 3 through 3-50 (in respect to
22all provisions therein other than the State rate of tax except
23that food for human consumption that is to be consumed off the
24premises where it is sold (other than alcoholic beverages, soft
25drinks, and food that has been prepared for immediate
26consumption) and prescription and nonprescription medicines,

 

 

SB2217- 573 -LRB100 13147 JWD 27539 b

1drugs, medical appliances and insulin, urine testing
2materials, syringes, and needles used by diabetics, for human
3use, shall not be subject to tax hereunder), 4 (except that the
4reference to the State shall be to the territory of the
5commission), 5, 7, 8 (except that the jurisdiction to which the
6tax shall be a debt to the extent indicated in that Section 8
7shall be the commission), 9 (except as to the disposition of
8taxes and penalties collected and except that the returned
9merchandise credit for this tax may not be taken against any
10State tax), 10, 11, 12 (except the reference therein to Section
112b of the Retailers' Occupation Tax Act), 13 (except that any
12reference to the State shall mean the territory of the
13commission), the first paragraph of Section 15, 15.5, 16, 17,
1418, 19 and 20 of the Service Occupation Tax Act as fully as if
15those provisions were set forth herein.
16    Persons subject to any tax imposed under the authority
17granted in this paragraph may reimburse themselves for their
18serviceman's tax liability hereunder by separately stating the
19tax as an additional charge, which charge may be stated in
20combination, in a single amount, with State tax that servicemen
21are authorized to collect under the Service Use Tax Act, and
22any tax for which servicemen may be liable under subsection (f)
23of Section 4.03 of the Regional Transportation Authority Act,
24in accordance with such bracket schedules as the Department may
25prescribe.
26    Whenever the Department determines that a refund should be

 

 

SB2217- 574 -LRB100 13147 JWD 27539 b

1made under this paragraph to a claimant instead of issuing a
2credit memorandum, the Department shall notify the State
3Comptroller, who shall cause the warrant to be drawn for the
4amount specified, and to the person named, in the notification
5from the Department. The refund shall be paid by the State
6Treasurer out of a county water commission tax fund established
7under paragraph (g) of this Section.
8    Nothing in this paragraph shall be construed to authorize a
9county water commission to impose a tax upon the privilege of
10engaging in any business which under the Constitution of the
11United States may not be made the subject of taxation by the
12State.
13    (d) If a tax has been imposed under subsection (b), a tax
14shall also imposed upon the privilege of using, in the
15territory of the commission, any item of tangible personal
16property that is purchased outside the territory at retail from
17a retailer, and that is titled or registered with an agency of
18this State's government, at a rate of 1/4% of the selling price
19of the tangible personal property within the territory, as
20"selling price" is defined in the Use Tax Act. The tax shall be
21collected from persons whose Illinois address for titling or
22registration purposes is given as being in the territory. The
23tax shall be collected by the Department of Revenue for a
24county water commission. The tax must be paid to the State, or
25an exemption determination must be obtained from the Department
26of Revenue, before the title or certificate of registration for

 

 

SB2217- 575 -LRB100 13147 JWD 27539 b

1the property may be issued. The tax or proof of exemption may
2be transmitted to the Department by way of the State agency
3with which, or the State officer with whom, the tangible
4personal property must be titled or registered if the
5Department and the State agency or State officer determine that
6this procedure will expedite the processing of applications for
7title or registration.
8    The Department shall have full power to administer and
9enforce this paragraph; to collect all taxes, penalties and
10interest due hereunder; to dispose of taxes, penalties and
11interest so collected in the manner hereinafter provided; and
12to determine all rights to credit memoranda or refunds arising
13on account of the erroneous payment of tax, penalty or interest
14hereunder. In the administration of, and compliance with this
15paragraph, the Department and persons who are subject to this
16paragraph shall have the same rights, remedies, privileges,
17immunities, powers and duties, and be subject to the same
18conditions, restrictions, limitations, penalties, exclusions,
19exemptions and definitions of terms and employ the same modes
20of procedure, as are prescribed in Sections 2 (except the
21definition of "retailer maintaining a place of business in this
22State"), 3 through 3-80 (except provisions pertaining to the
23State rate of tax, and except provisions concerning collection
24or refunding of the tax by retailers, and except that food for
25human consumption that is to be consumed off the premises where
26it is sold (other than alcoholic beverages, soft drinks, and

 

 

SB2217- 576 -LRB100 13147 JWD 27539 b

1food that has been prepared for immediate consumption) and
2prescription and nonprescription medicines, drugs, medical
3appliances and insulin, urine testing materials, syringes, and
4needles used by diabetics, for human use, shall not be subject
5to tax hereunder), 4, 11, 12, 12a, 14, 15, 19 (except the
6portions pertaining to claims by retailers and except the last
7paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act
8and Section 3-7 of the Uniform Penalty and Interest Act that
9are not inconsistent with this paragraph, as fully as if those
10provisions were set forth herein.
11    Whenever the Department determines that a refund should be
12made under this paragraph to a claimant instead of issuing a
13credit memorandum, the Department shall notify the State
14Comptroller, who shall cause the order to be drawn for the
15amount specified, and to the person named, in the notification
16from the Department. The refund shall be paid by the State
17Treasurer out of a county water commission tax fund established
18under paragraph (g) of this Section.
19    (e) A certificate of registration issued by the State
20Department of Revenue to a retailer under the Retailers'
21Occupation Tax Act or under the Service Occupation Tax Act
22shall permit the registrant to engage in a business that is
23taxed under the tax imposed under paragraphs (b), (c) or (d) of
24this Section and no additional registration shall be required
25under the tax. A certificate issued under the Use Tax Act or
26the Service Use Tax Act shall be applicable with regard to any

 

 

SB2217- 577 -LRB100 13147 JWD 27539 b

1tax imposed under paragraph (c) of this Section.
2    (f) Any ordinance imposing or discontinuing any tax under
3this Section shall be adopted and a certified copy thereof
4filed with the Department on or before June 1, whereupon the
5Department of Revenue shall proceed to administer and enforce
6this Section on behalf of the county water commission as of
7September 1 next following the adoption and filing. Beginning
8January 1, 1992, an ordinance or resolution imposing or
9discontinuing the tax hereunder shall be adopted and a
10certified copy thereof filed with the Department on or before
11the first day of July, whereupon the Department shall proceed
12to administer and enforce this Section as of the first day of
13October next following such adoption and filing. Beginning
14January 1, 1993, an ordinance or resolution imposing or
15discontinuing the tax hereunder shall be adopted and a
16certified copy thereof filed with the Department on or before
17the first day of October, whereupon the Department shall
18proceed to administer and enforce this Section as of the first
19day of January next following such adoption and filing.
20    (g) The State Department of Revenue shall, upon collecting
21any taxes as provided in this Section, pay the taxes over to
22the State Treasurer as trustee for the commission. The taxes
23shall be held in a trust fund outside the State Treasury.
24    As soon as possible after the first day of each month,
25beginning January 1, 2011, upon certification of the Department
26of Revenue, the Comptroller shall order transferred, and the

 

 

SB2217- 578 -LRB100 13147 JWD 27539 b

1Treasurer shall transfer, to the STAR Bonds Revenue Fund the
2local sales tax increment, as defined in the Innovation
3Development and Economy Act, collected under this Section
4during the second preceding calendar month for sales within a
5STAR bond district.
6    After the monthly transfer to the STAR Bonds Revenue Fund,
7on or before the 25th day of each calendar month, the State
8Department of Revenue shall prepare and certify to the
9Comptroller of the State of Illinois the amount to be paid to
10the commission, which shall be the amount (not including credit
11memoranda) collected under this Section during the second
12preceding calendar month by the Department plus an amount the
13Department determines is necessary to offset any amounts that
14were erroneously paid to a different taxing body, and not
15including any amount equal to the amount of refunds made during
16the second preceding calendar month by the Department on behalf
17of the commission, and not including any amount that the
18Department determines is necessary to offset any amounts that
19were payable to a different taxing body but were erroneously
20paid to the commission, and less any amounts that are
21transferred to the STAR Bonds Revenue Fund , less 2% of the
22remainder, which shall be transferred into the Tax Compliance
23and Administration Fund. The Department, at the time of each
24monthly disbursement to the commission, shall prepare and
25certify to the State Comptroller the amount to be transferred
26into the Tax Compliance and Administration Fund under this

 

 

SB2217- 579 -LRB100 13147 JWD 27539 b

1subsection. Within 10 days after receipt by the Comptroller of
2the certification of the amount to be paid to the commission
3and the Tax Compliance and Administration Fund, the Comptroller
4shall cause an order to be drawn for the payment for the amount
5in accordance with the direction in the certification.
6    (h) Beginning June 1, 2016, any tax imposed pursuant to
7this Section may no longer be imposed or collected, unless a
8continuation of the tax is approved by the voters at a
9referendum as set forth in this Section.
10(Source: P.A. 98-298, eff. 8-9-13; 99-217, eff. 7-31-15;
1199-642, eff. 7-28-16.)
 
12
ARTICLE 55. SPENDING CAPS

 
13    Section 55-5. The Illinois Income Tax Act is amended by
14adding Section 201.6 as follows:
 
15    (35 ILCS 5/201.6 new)
16    Sec. 201.6. Fiscal Year 2018 through Fiscal Year 2022
17spending limitation and tax reduction.
18    (a) If, in State fiscal year 2018, fiscal year 2019, fiscal
19year 2020, fiscal year 2021, or fiscal year 2022, State
20spending exceeds the State spending limitation set forth in
21subsection (b) of this Section for that fiscal year, then the
22tax rates for:
23        (1) individuals, trusts, and estates set forth in

 

 

SB2217- 580 -LRB100 13147 JWD 27539 b

1    paragraphs (5.3) and (5.4) of subsection (b) of Section
2    201, as amended by Senate Bill 9 of the 100th General
3    Assembly, shall be reduced, according to the procedures set
4    forth in this Section, to 3.75% of the taxpayer's net
5    income for that taxable year and for each taxable year
6    thereafter; and
7        (2) corporations set forth in paragraphs (13) and (14)
8    of subsection (b) of Section 201, as amended by Senate Bill
9    9 of the 100th General Assembly, shall be reduced,
10    according to the procedures set forth in this Section, to
11    5.25% of the taxpayer's net income for that taxable year
12    and for each taxable year thereafter.
13    (b) The State spending limitation for fiscal year 2018
14through fiscal year 2022 shall be $36,000,000,000, except for:
15increases over amounts as required by this amendatory Act of
16the 100th General Assembly to be paid to the General Assembly
17Retirement System, Judges Retirement System of Illinois, State
18Employees' Retirement System of Illinois, Teachers' Retirement
19System of the State of Illinois, and State Universities
20Retirement System; increases over amounts transferred in
21fiscal year 2018 in amounts required to be transferred under
22Section 15 of the General Obligation Bond Act; or increases
23over payments made in fiscal year 2018 in payments to the
24Health Insurance Reserve Fund necessary to cover state
25obligations of the State Employees Group Insurance Act of 1971.
26    (c) Notwithstanding any provision of law to the contrary,

 

 

SB2217- 581 -LRB100 13147 JWD 27539 b

1the Auditor General shall examine each Public Act authorizing
2State spending from State general funds and prepare a report no
3later than 30 days after receiving notification of the Public
4Act from the Secretary of State or 60 days after the effective
5date of the Public Act, whichever is earlier. The Auditor
6General shall file the report with the Secretary of State and
7copies with the Governor, the State Treasurer, the State
8Comptroller, the Senate, and the House of Representatives. The
9report shall indicate: (i) the amount of State spending set
10forth in the applicable Public Act; (ii) the total amount of
11State spending authorized by law for the applicable fiscal year
12as of the date of the report; and (iii) whether State spending
13exceeds the State spending limitation set forth in subsection
14(b). The Auditor General may examine multiple Public Acts in
15one consolidated report, provided that each Public Act is
16examined within the time period mandated by this subsection
17(c). The Auditor General shall issue reports in accordance with
18this Section through June 30, 2022, or the effective date of a
19reduction as provided for in this Section in the rates of tax
20set forth in paragraphs (5.3), (5.4), (13), and (14) of
21subsection (b) of Section 201, as amended by Senate Bill 9 of
22the 100th General Assembly, whichever is earlier. At the
23request of the Auditor General, each State agency shall,
24without delay, make available to the Auditor General or his or
25her designated representative any record or information
26requested and shall provide for examination or copying all

 

 

SB2217- 582 -LRB100 13147 JWD 27539 b

1records, accounts, papers, reports, vouchers, correspondence,
2books and other documentation in the custody of that agency,
3including information stored in electronic data processing
4systems, which is related to or within the scope of a report
5prepared under this Section. The Auditor General shall report
6to the Governor each instance in which a State agency fails to
7cooperate promptly and fully with his or her office as required
8by this Section. The Auditor General's report shall not be in
9the nature of a post-audit or examination and shall not lead to
10the issuance of an opinion as that term is defined in generally
11accepted government auditing standards.
12    (d) If the Auditor General reports that State spending has
13exceeded the State spending limitation for the fiscal year set
14forth in subsection (b) and if the Governor has not been
15presented with a bill or bills passed by the General Assembly
16to reduce State spending to a level that does not exceed the
17State spending limitation within 45 calendar days of receipt of
18the Auditor General's report, then the Governor may, for the
19purpose of reducing State spending to a level that does not
20exceed the State spending limitation for the fiscal year set
21forth in subsection (b), designate amounts to be set aside as a
22reserve from the amounts appropriated from the State general
23funds for all boards, commissions, agencies, institutions,
24authorities, colleges, universities, and bodies politic and
25corporate of the State, but not other constitutional officers,
26the legislative or judicial branch, the office of the Executive

 

 

SB2217- 583 -LRB100 13147 JWD 27539 b

1Inspector General, or the Executive Ethics Commission. Such a
2designation must be made within 15 calendar days after the end
3of that 45-day period. If the Governor designates amounts to be
4set aside as a reserve, the Governor shall give notice of the
5designation to the Auditor General, the State Treasurer, the
6State Comptroller, the Senate, and the House of
7Representatives. The amounts placed in reserves shall not be
8transferred, obligated, encumbered, expended, or otherwise
9committed unless so authorized by law. Any amount placed in
10reserves is not State spending and shall not be considered when
11calculating the total amount of State spending for the fiscal
12year. Any Public Act authorizing the use of amounts placed in
13reserve by the Governor is considered State spending, unless
14such Public Act authorizes the use of amounts placed in
15reserves in response to a fiscal emergency under subsection
16(g).
17    (e) If the Auditor General reports under subsection (c)
18that State spending has exceeded the State spending limitation
19set forth for the fiscal year in subsection (b), then the
20Auditor General shall issue a supplemental report no sooner
21than the 61st day and no later than the 65th day after issuing
22the report pursuant to subsection (c). The supplemental report
23shall: (i) summarize details of actions taken by the General
24Assembly and the Governor after the issuance of the initial
25report to reduce State spending, if any, (ii) indicate whether
26the level of State spending has changed since the initial

 

 

SB2217- 584 -LRB100 13147 JWD 27539 b

1report, and (iii) indicate whether State spending exceeds the
2State spending limitation. The Auditor General shall file the
3report with the Secretary of State and copies with the
4Governor, the State Treasurer, the State Comptroller, the
5Senate, and the House of Representatives. If the supplemental
6report of the Auditor General indicates that State spending
7exceeds the State spending limitation for that fiscal year,
8then the rates of tax set forth in paragraphs (5.3), (5.4),
9(13), and (14) of subsection (b) of Section 201, as amended by
10Senate Bill 9 of the 100th General Assembly, are reduced as
11provided in subsection (a) of this Section, beginning on the
12first day of the first month to occur not less than 30 days
13after issuance of the supplemental report.
14    (f) Should the rates of tax be reduced under this Section,
15the tax imposed by subsections (a) and (b) of Section 201 shall
16be determined as follows:
17        (1) In the case of an individual, trust, or estate, the
18    tax shall be imposed in an amount equal to the sum of (i)
19    the rate applicable to the taxpayer under subsection (b) of
20    Section 201 (without regard to the provisions of this
21    Section) times the taxpayer's net income for any portion of
22    the taxable year prior to the effective date of the
23    reduction, and (ii) 3.75% of the taxpayer's net income for
24    any portion of the taxable year on or after the effective
25    date of the reduction.
26        (2) In the case of a corporation, the tax shall be

 

 

SB2217- 585 -LRB100 13147 JWD 27539 b

1    imposed in an amount equal to the sum of (i) the rate
2    applicable to the taxpayer under subsection (b) of Section
3    201 (without regard to the provisions of this Section)
4    times the taxpayer's net income for any portion of the
5    taxable year prior to the effective date of the reduction,
6    and (ii) 5.25% of the taxpayer's net income for any portion
7    of the taxable year on or after the effective date of the
8    reduction.
9        (3) For any taxpayer for whom the rate has been reduced
10    under this Section for a portion of a taxable year, the
11    taxpayer shall determine the net income for each portion of
12    the taxable year following the rules set forth in Section
13    202.5, as amended by Senate Bill 9 of the 100th General
14    Assembly, using the effective date of the rate reduction
15    rather than the January 1 dates found in that Section, and
16    the day before the effective date of the rate reduction
17    rather than the December 31 dates found in that Section.
18        (4) If the rate applicable to the taxpayer under
19    subsection (b) of Section 201 (without regard to the
20    provisions of this Section) changes during a portion of the
21    taxable year to which that rate is applied under paragraphs
22    (1) or (2) of this subsection (f), the tax for that portion
23    of the taxable year for purposes of paragraph (1) or (2) of
24    this subsection (f) shall be determined as if that portion
25    of the taxable year were a separate taxable year, following
26    the rules set forth in Section 202.5, as amended by Senate

 

 

SB2217- 586 -LRB100 13147 JWD 27539 b

1    Bill 9 of the 100th General Assembly. If the taxpayer
2    elects to follow the rules set forth in subsection (b) of
3    Section 202.5, as amended by Senate Bill 9 of the 100th
4    General Assembly, then the taxpayer shall follow the rules
5    set forth in subsection (b) of Section 202.5, as amended by
6    Senate Bill 9 of the 100th General Assembly, for all
7    purposes of this Section for that taxable year.
8    (g) Notwithstanding the State spending limitation set
9forth in subsection (b) of this Section, the Governor may
10declare a fiscal emergency by filing a declaration with the
11Secretary of State and copies with the State Treasurer, the
12State Comptroller, the Senate, and the House of
13Representatives. The declaration: must be limited to only one
14State fiscal year, must set forth compelling reasons for
15declaring a fiscal emergency, may reference amounts required to
16be transferred under Section 15 of the General Obligation Bond
17Act, and must request a specific dollar amount. State spending
18authorized by law to address the fiscal emergency in an amount
19no greater than the dollar amount specified in the declaration
20shall not be considered "State spending" for purposes of the
21State spending limitation.
22    (h) As used in this Section:
23    "State general funds" has the meaning provided in Section
2450-40 of the State Budget Law.
25    "State spending" means (i) the total amount authorized for
26spending by appropriation or statutory transfer from the State

 

 

SB2217- 587 -LRB100 13147 JWD 27539 b

1general funds in the applicable fiscal year, and (ii) any
2amounts the Governor places in reserves in accordance with
3subsection (d) that are subsequently released from reserves
4following authorization by a Public Act. For the purpose of
5this definition, "appropriation" means authority to spend
6money from a State general fund for a specific amount, purpose,
7and time period, including any supplemental appropriation or
8continuing appropriation, but does not include
9reappropriations from a previous fiscal year. For the purpose
10of this definition, "statutory transfer" means authority to
11transfer funds from one State general fund to any other fund in
12the State treasury, but does not include transfers made from
13one State general fund to another State general fund.
14    "State spending limitation" means the amount described in
15subsection (b) of this Section for the applicable fiscal year.
 
16
ARTICLE 57. STATE CONTRIBUTIONS

 
17    Section 57-5. The Illinois Pension Code is amended by
18changing Sections 2-124, 14-131, 15-155, 16-158, and 18-131 as
19follows:
 
20    (40 ILCS 5/2-124)  (from Ch. 108 1/2, par. 2-124)
21    (Text of Section WITHOUT the changes made by P.A. 98-599,
22which has been held unconstitutional)
23    Sec. 2-124. Contributions by State.

 

 

SB2217- 588 -LRB100 13147 JWD 27539 b

1    (a) The State shall make contributions to the System by
2appropriations of amounts which, together with the
3contributions of participants, interest earned on investments,
4and other income will meet the cost of maintaining and
5administering the System on a 90% funded basis in accordance
6with actuarial recommendations.
7    (b) The Board shall determine the amount of State
8contributions required for each fiscal year on the basis of the
9actuarial tables and other assumptions adopted by the Board and
10the prescribed rate of interest, using the formula in
11subsection (c).
12    (c) For State fiscal years 2012 through 2045, the minimum
13contribution to the System to be made by the State for each
14fiscal year shall be an amount determined by the System to be
15sufficient to bring the total assets of the System up to 90% of
16the total actuarial liabilities of the System by the end of
17State fiscal year 2045. In making these determinations, the
18required State contribution shall be calculated each year as a
19level percentage of payroll over the years remaining to and
20including fiscal year 2045 and shall be determined under the
21projected unit credit actuarial cost method.
22    For State fiscal years 1996 through 2005, the State
23contribution to the System, as a percentage of the applicable
24employee payroll, shall be increased in equal annual increments
25so that by State fiscal year 2011, the State is contributing at
26the rate required under this Section.

 

 

SB2217- 589 -LRB100 13147 JWD 27539 b

1    Notwithstanding any other provision of this Article, the
2total required State contribution for State fiscal year 2006 is
3$4,157,000.
4    Notwithstanding any other provision of this Article, the
5total required State contribution for State fiscal year 2007 is
6$5,220,300.
7    For each of State fiscal years 2008 through 2009, the State
8contribution to the System, as a percentage of the applicable
9employee payroll, shall be increased in equal annual increments
10from the required State contribution for State fiscal year
112007, so that by State fiscal year 2011, the State is
12contributing at the rate otherwise required under this Section.
13    Notwithstanding any other provision of this Article, the
14total required State contribution for State fiscal year 2010 is
15$10,454,000 and shall be made from the proceeds of bonds sold
16in fiscal year 2010 pursuant to Section 7.2 of the General
17Obligation Bond Act, less (i) the pro rata share of bond sale
18expenses determined by the System's share of total bond
19proceeds, (ii) any amounts received from the General Revenue
20Fund in fiscal year 2010, and (iii) any reduction in bond
21proceeds due to the issuance of discounted bonds, if
22applicable.
23    Notwithstanding any other provision of this Article, the
24total required State contribution for State fiscal year 2011 is
25the amount recertified by the System on or before April 1, 2011
26pursuant to Section 2-134 and shall be made from the proceeds

 

 

SB2217- 590 -LRB100 13147 JWD 27539 b

1of bonds sold in fiscal year 2011 pursuant to Section 7.2 of
2the General Obligation Bond Act, less (i) the pro rata share of
3bond sale expenses determined by the System's share of total
4bond proceeds, (ii) any amounts received from the General
5Revenue Fund in fiscal year 2011, and (iii) any reduction in
6bond proceeds due to the issuance of discounted bonds, if
7applicable.
8    Notwithstanding any other provision of this Article, the
9total required state contributions for state fiscal year 2018
10is $23,679,000.
11    Beginning in State fiscal year 2046, the minimum State
12contribution for each fiscal year shall be the amount needed to
13maintain the total assets of the System at 90% of the total
14actuarial liabilities of the System.
15    Amounts received by the System pursuant to Section 25 of
16the Budget Stabilization Act or Section 8.12 of the State
17Finance Act in any fiscal year do not reduce and do not
18constitute payment of any portion of the minimum State
19contribution required under this Article in that fiscal year.
20Such amounts shall not reduce, and shall not be included in the
21calculation of, the required State contributions under this
22Article in any future year until the System has reached a
23funding ratio of at least 90%. A reference in this Article to
24the "required State contribution" or any substantially similar
25term does not include or apply to any amounts payable to the
26System under Section 25 of the Budget Stabilization Act.

 

 

SB2217- 591 -LRB100 13147 JWD 27539 b

1    Notwithstanding any other provision of this Section, the
2required State contribution for State fiscal year 2005 and for
3fiscal year 2008 and each fiscal year thereafter, as calculated
4under this Section and certified under Section 2-134, shall not
5exceed an amount equal to (i) the amount of the required State
6contribution that would have been calculated under this Section
7for that fiscal year if the System had not received any
8payments under subsection (d) of Section 7.2 of the General
9Obligation Bond Act, minus (ii) the portion of the State's
10total debt service payments for that fiscal year on the bonds
11issued in fiscal year 2003 for the purposes of that Section
127.2, as determined and certified by the Comptroller, that is
13the same as the System's portion of the total moneys
14distributed under subsection (d) of Section 7.2 of the General
15Obligation Bond Act. In determining this maximum for State
16fiscal years 2008 through 2010, however, the amount referred to
17in item (i) shall be increased, as a percentage of the
18applicable employee payroll, in equal increments calculated
19from the sum of the required State contribution for State
20fiscal year 2007 plus the applicable portion of the State's
21total debt service payments for fiscal year 2007 on the bonds
22issued in fiscal year 2003 for the purposes of Section 7.2 of
23the General Obligation Bond Act, so that, by State fiscal year
242011, the State is contributing at the rate otherwise required
25under this Section.
26    (d) For purposes of determining the required State

 

 

SB2217- 592 -LRB100 13147 JWD 27539 b

1contribution to the System, the value of the System's assets
2shall be equal to the actuarial value of the System's assets,
3which shall be calculated as follows:
4    As of June 30, 2008, the actuarial value of the System's
5assets shall be equal to the market value of the assets as of
6that date. In determining the actuarial value of the System's
7assets for fiscal years after June 30, 2008, any actuarial
8gains or losses from investment return incurred in a fiscal
9year shall be recognized in equal annual amounts over the
105-year period following that fiscal year.
11    (e) For purposes of determining the required State
12contribution to the system for a particular year, the actuarial
13value of assets shall be assumed to earn a rate of return equal
14to the system's actuarially assumed rate of return.
15(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
1696-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff.
177-13-12.)
 
18    (40 ILCS 5/14-131)
19    Sec. 14-131. Contributions by State.
20    (a) The State shall make contributions to the System by
21appropriations of amounts which, together with other employer
22contributions from trust, federal, and other funds, employee
23contributions, investment income, and other income, will be
24sufficient to meet the cost of maintaining and administering
25the System on a 90% funded basis in accordance with actuarial

 

 

SB2217- 593 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 594 -LRB100 13147 JWD 27539 b

1participation, and annuitants employed by a department as
2described in subdivision (a)(1) or (a)(2) of Section 14-111.
3    (c) Contributions shall be made by the several departments
4for each pay period by warrants drawn by the State Comptroller
5against their respective funds or appropriations based upon
6vouchers stating the amount to be so contributed. These amounts
7shall be based on the full rate certified by the Board under
8Section 14-135.08 for that fiscal year. From the effective date
9of this amendatory Act of the 93rd General Assembly through the
10payment of the final payroll from fiscal year 2004
11appropriations, the several departments shall not make
12contributions for the remainder of fiscal year 2004 but shall
13instead make payments as required under subsection (a-1) of
14Section 14.1 of the State Finance Act. The several departments
15shall resume those contributions at the commencement of fiscal
16year 2005.
17    (c-1) Notwithstanding subsection (c) of this Section, for
18fiscal years 2010, 2012, 2013, 2014, 2015, 2016, and 2017 only,
19contributions by the several departments are not required to be
20made for General Revenue Funds payrolls processed by the
21Comptroller. Payrolls paid by the several departments from all
22other State funds must continue to be processed pursuant to
23subsection (c) of this Section.
24    (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
252016, and 2017 only, on or as soon as possible after the 15th
26day of each month, the Board shall submit vouchers for payment

 

 

SB2217- 595 -LRB100 13147 JWD 27539 b

1of State contributions to the System, in a total monthly amount
2of one-twelfth of the fiscal year General Revenue Fund
3contribution as certified by the System pursuant to Section
414-135.08 of the Illinois Pension Code.
5    (d) If an employee is paid from trust funds or federal
6funds, the department or other employer shall pay employer
7contributions from those funds to the System at the certified
8rate, unless the terms of the trust or the federal-State
9agreement preclude the use of the funds for that purpose, in
10which case the required employer contributions shall be paid by
11the State. From the effective date of this amendatory Act of
12the 93rd General Assembly through the payment of the final
13payroll from fiscal year 2004 appropriations, the department or
14other employer shall not pay contributions for the remainder of
15fiscal year 2004 but shall instead make payments as required
16under subsection (a-1) of Section 14.1 of the State Finance
17Act. The department or other employer shall resume payment of
18contributions at the commencement of fiscal year 2005.
19    (e) For State fiscal years 2012 through 2045, the minimum
20contribution to the System to be made by the State for each
21fiscal year shall be an amount determined by the System to be
22sufficient to bring the total assets of the System up to 90% of
23the total actuarial liabilities of the System by the end of
24State fiscal year 2045. In making these determinations, the
25required State contribution shall be calculated each year as a
26level percentage of payroll over the years remaining to and

 

 

SB2217- 596 -LRB100 13147 JWD 27539 b

1including fiscal year 2045 and shall be determined under the
2projected unit credit actuarial cost method.
3    For State fiscal years 1996 through 2005, the State
4contribution to the System, as a percentage of the applicable
5employee payroll, shall be increased in equal annual increments
6so that by State fiscal year 2011, the State is contributing at
7the rate required under this Section; except that (i) for State
8fiscal year 1998, for all purposes of this Code and any other
9law of this State, the certified percentage of the applicable
10employee payroll shall be 5.052% for employees earning eligible
11creditable service under Section 14-110 and 6.500% for all
12other employees, notwithstanding any contrary certification
13made under Section 14-135.08 before the effective date of this
14amendatory Act of 1997, and (ii) in the following specified
15State fiscal years, the State contribution to the System shall
16not be less than the following indicated percentages of the
17applicable employee payroll, even if the indicated percentage
18will produce a State contribution in excess of the amount
19otherwise required under this subsection and subsection (a):
209.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
212002; 10.6% in FY 2003; and 10.8% in FY 2004.
22    Notwithstanding any other provision of this Article, the
23total required State contribution to the System for State
24fiscal year 2006 is $203,783,900.
25    Notwithstanding any other provision of this Article, the
26total required State contribution to the System for State

 

 

SB2217- 597 -LRB100 13147 JWD 27539 b

1fiscal year 2007 is $344,164,400.
2    For each of State fiscal years 2008 through 2009, the State
3contribution to the System, as a percentage of the applicable
4employee payroll, shall be increased in equal annual increments
5from the required State contribution for State fiscal year
62007, so that by State fiscal year 2011, the State is
7contributing at the rate otherwise required under this Section.
8    Notwithstanding any other provision of this Article, the
9total required State General Revenue Fund contribution for
10State fiscal year 2010 is $723,703,100 and shall be made from
11the proceeds of bonds sold in fiscal year 2010 pursuant to
12Section 7.2 of the General Obligation Bond Act, less (i) the
13pro rata share of bond sale expenses determined by the System's
14share of total bond proceeds, (ii) any amounts received from
15the General Revenue Fund in fiscal year 2010, and (iii) any
16reduction in bond proceeds due to the issuance of discounted
17bonds, if applicable.
18    Notwithstanding any other provision of this Article, the
19total required State General Revenue Fund contribution for
20State fiscal year 2011 is the amount recertified by the System
21on or before April 1, 2011 pursuant to Section 14-135.08 and
22shall be made from the proceeds of bonds sold in fiscal year
232011 pursuant to Section 7.2 of the General Obligation Bond
24Act, less (i) the pro rata share of bond sale expenses
25determined by the System's share of total bond proceeds, (ii)
26any amounts received from the General Revenue Fund in fiscal

 

 

SB2217- 598 -LRB100 13147 JWD 27539 b

1year 2011, and (iii) any reduction in bond proceeds due to the
2issuance of discounted bonds, if applicable.
3    Notwithstanding any other provision of this Article, the
4total required State contribution for State fiscal year 2018 is
5$1,948,861,121.
6    Beginning in State fiscal year 2046, the minimum State
7contribution for each fiscal year shall be the amount needed to
8maintain the total assets of the System at 90% of the total
9actuarial liabilities of the System.
10    Amounts received by the System pursuant to Section 25 of
11the Budget Stabilization Act or Section 8.12 of the State
12Finance Act in any fiscal year do not reduce and do not
13constitute payment of any portion of the minimum State
14contribution required under this Article in that fiscal year.
15Such amounts shall not reduce, and shall not be included in the
16calculation of, the required State contributions under this
17Article in any future year until the System has reached a
18funding ratio of at least 90%. A reference in this Article to
19the "required State contribution" or any substantially similar
20term does not include or apply to any amounts payable to the
21System under Section 25 of the Budget Stabilization Act.
22    Notwithstanding any other provision of this Section, the
23required State contribution for State fiscal year 2005 and for
24fiscal year 2008 and each fiscal year thereafter, as calculated
25under this Section and certified under Section 14-135.08, shall
26not exceed an amount equal to (i) the amount of the required

 

 

SB2217- 599 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 600 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 601 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 602 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 603 -LRB100 13147 JWD 27539 b

1Revenue Fund as soon as practicable after the certification.
2    (k) For fiscal years 2012 through 2017 only, after the
3submission of all payments for eligible employees from personal
4services line items paid from the General Revenue Fund in the
5fiscal year have been made, the Comptroller shall provide to
6the System a certification of the sum of all expenditures in
7the fiscal year for personal services. Upon receipt of the
8certification, the System shall determine the amount due to the
9System based on the full rate certified by the Board under
10Section 14-135.08 for the fiscal year in order to meet the
11State's obligation under this Section. The System shall compare
12this amount due to the amount received by the System for the
13fiscal year. If the amount due is more than the amount
14received, the difference shall be termed the "Prior Fiscal Year
15Shortfall" for purposes of this Section, and the Prior Fiscal
16Year Shortfall shall be satisfied under Section 1.2 of the
17State Pension Funds Continuing Appropriation Act. If the amount
18due is less than the amount received, the difference shall be
19termed the "Prior Fiscal Year Overpayment" for purposes of this
20Section, and the Prior Fiscal Year Overpayment shall be repaid
21by the System to the General Revenue Fund as soon as
22practicable after the certification.
23(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
24eff. 7-9-15; 99-523, eff. 6-30-16.)
 
25    (40 ILCS 5/15-155)  (from Ch. 108 1/2, par. 15-155)

 

 

SB2217- 604 -LRB100 13147 JWD 27539 b

1    Sec. 15-155. Employer contributions.
2    (a) The State of Illinois shall make contributions by
3appropriations of amounts which, together with the other
4employer contributions from trust, federal, and other funds,
5employee contributions, income from investments, and other
6income of this System, will be sufficient to meet the cost of
7maintaining and administering the System on a 90% funded basis
8in accordance with actuarial recommendations.
9    The Board shall determine the amount of State contributions
10required for each fiscal year on the basis of the actuarial
11tables and other assumptions adopted by the Board and the
12recommendations of the actuary, using the formula in subsection
13(a-1).
14    (a-1) For State fiscal years 2012 through 2045, the minimum
15contribution to the System to be made by the State for each
16fiscal year shall be an amount determined by the System to be
17sufficient to bring the total assets of the System up to 90% of
18the total actuarial liabilities of the System by the end of
19State fiscal year 2045. In making these determinations, the
20required State contribution shall be calculated each year as a
21level percentage of payroll over the years remaining to and
22including fiscal year 2045 and shall be determined under the
23projected unit credit actuarial cost method.
24    For State fiscal years 1996 through 2005, the State
25contribution to the System, as a percentage of the applicable
26employee payroll, shall be increased in equal annual increments

 

 

SB2217- 605 -LRB100 13147 JWD 27539 b

1so that by State fiscal year 2011, the State is contributing at
2the rate required under this Section.
3    Notwithstanding any other provision of this Article, the
4total required State contribution for State fiscal year 2006 is
5$166,641,900.
6    Notwithstanding any other provision of this Article, the
7total required State contribution for State fiscal year 2007 is
8$252,064,100.
9    For each of State fiscal years 2008 through 2009, the State
10contribution to the System, as a percentage of the applicable
11employee payroll, shall be increased in equal annual increments
12from the required State contribution for State fiscal year
132007, so that by State fiscal year 2011, the State is
14contributing at the rate otherwise required under this Section.
15    Notwithstanding any other provision of this Article, the
16total required State contribution for State fiscal year 2010 is
17$702,514,000 and shall be made from the State Pensions Fund and
18proceeds of bonds sold in fiscal year 2010 pursuant to Section
197.2 of the General Obligation Bond Act, less (i) the pro rata
20share of bond sale expenses determined by the System's share of
21total bond proceeds, (ii) any amounts received from the General
22Revenue Fund in fiscal year 2010, (iii) any reduction in bond
23proceeds due to the issuance of discounted bonds, if
24applicable.
25    Notwithstanding any other provision of this Article, the
26total required State contribution for State fiscal year 2011 is

 

 

SB2217- 606 -LRB100 13147 JWD 27539 b

1the amount recertified by the System on or before April 1, 2011
2pursuant to Section 15-165 and shall be made from the State
3Pensions Fund and proceeds of bonds sold in fiscal year 2011
4pursuant to Section 7.2 of the General Obligation Bond Act,
5less (i) the pro rata share of bond sale expenses determined by
6the System's share of total bond proceeds, (ii) any amounts
7received from the General Revenue Fund in fiscal year 2011, and
8(iii) any reduction in bond proceeds due to the issuance of
9discounted bonds, if applicable.
10    Notwithstanding any other provision of this Article, the
11total required State contribution for State fiscal year 2018 is
12$1,461,685,000.
13    Beginning in State fiscal year 2046, the minimum State
14contribution for each fiscal year shall be the amount needed to
15maintain the total assets of the System at 90% of the total
16actuarial liabilities of the System.
17    Amounts received by the System pursuant to Section 25 of
18the Budget Stabilization Act or Section 8.12 of the State
19Finance Act in any fiscal year do not reduce and do not
20constitute payment of any portion of the minimum State
21contribution required under this Article in that fiscal year.
22Such amounts shall not reduce, and shall not be included in the
23calculation of, the required State contributions under this
24Article in any future year until the System has reached a
25funding ratio of at least 90%. A reference in this Article to
26the "required State contribution" or any substantially similar

 

 

SB2217- 607 -LRB100 13147 JWD 27539 b

1term does not include or apply to any amounts payable to the
2System under Section 25 of the Budget Stabilization Act.
3    Notwithstanding any other provision of this Section, the
4required State contribution for State fiscal year 2005 and for
5fiscal year 2008 and each fiscal year thereafter, as calculated
6under this Section and certified under Section 15-165, shall
7not exceed an amount equal to (i) the amount of the required
8State contribution that would have been calculated under this
9Section for that fiscal year if the System had not received any
10payments under subsection (d) of Section 7.2 of the General
11Obligation Bond Act, minus (ii) the portion of the State's
12total debt service payments for that fiscal year on the bonds
13issued in fiscal year 2003 for the purposes of that Section
147.2, as determined and certified by the Comptroller, that is
15the same as the System's portion of the total moneys
16distributed under subsection (d) of Section 7.2 of the General
17Obligation Bond Act. In determining this maximum for State
18fiscal years 2008 through 2010, however, the amount referred to
19in item (i) shall be increased, as a percentage of the
20applicable employee payroll, in equal increments calculated
21from the sum of the required State contribution for State
22fiscal year 2007 plus the applicable portion of the State's
23total debt service payments for fiscal year 2007 on the bonds
24issued in fiscal year 2003 for the purposes of Section 7.2 of
25the General Obligation Bond Act, so that, by State fiscal year
262011, the State is contributing at the rate otherwise required

 

 

SB2217- 608 -LRB100 13147 JWD 27539 b

1under this Section.
2    (b) If an employee is paid from trust or federal funds, the
3employer shall pay to the Board contributions from those funds
4which are sufficient to cover the accruing normal costs on
5behalf of the employee. However, universities having employees
6who are compensated out of local auxiliary funds, income funds,
7or service enterprise funds are not required to pay such
8contributions on behalf of those employees. The local auxiliary
9funds, income funds, and service enterprise funds of
10universities shall not be considered trust funds for the
11purpose of this Article, but funds of alumni associations,
12foundations, and athletic associations which are affiliated
13with the universities included as employers under this Article
14and other employers which do not receive State appropriations
15are considered to be trust funds for the purpose of this
16Article.
17    (b-1) The City of Urbana and the City of Champaign shall
18each make employer contributions to this System for their
19respective firefighter employees who participate in this
20System pursuant to subsection (h) of Section 15-107. The rate
21of contributions to be made by those municipalities shall be
22determined annually by the Board on the basis of the actuarial
23assumptions adopted by the Board and the recommendations of the
24actuary, and shall be expressed as a percentage of salary for
25each such employee. The Board shall certify the rate to the
26affected municipalities as soon as may be practical. The

 

 

SB2217- 609 -LRB100 13147 JWD 27539 b

1employer contributions required under this subsection shall be
2remitted by the municipality to the System at the same time and
3in the same manner as employee contributions.
4    (c) Through State fiscal year 1995: The total employer
5contribution shall be apportioned among the various funds of
6the State and other employers, whether trust, federal, or other
7funds, in accordance with actuarial procedures approved by the
8Board. State of Illinois contributions for employers receiving
9State appropriations for personal services shall be payable
10from appropriations made to the employers or to the System. The
11contributions for Class I community colleges covering earnings
12other than those paid from trust and federal funds, shall be
13payable solely from appropriations to the Illinois Community
14College Board or the System for employer contributions.
15    (d) Beginning in State fiscal year 1996, the required State
16contributions to the System shall be appropriated directly to
17the System and shall be payable through vouchers issued in
18accordance with subsection (c) of Section 15-165, except as
19provided in subsection (g).
20    (e) The State Comptroller shall draw warrants payable to
21the System upon proper certification by the System or by the
22employer in accordance with the appropriation laws and this
23Code.
24    (f) Normal costs under this Section means liability for
25pensions and other benefits which accrues to the System because
26of the credits earned for service rendered by the participants

 

 

SB2217- 610 -LRB100 13147 JWD 27539 b

1during the fiscal year and expenses of administering the
2System, but shall not include the principal of or any
3redemption premium or interest on any bonds issued by the Board
4or any expenses incurred or deposits required in connection
5therewith.
6    (g) If the amount of a participant's earnings for any
7academic year used to determine the final rate of earnings,
8determined on a full-time equivalent basis, exceeds the amount
9of his or her earnings with the same employer for the previous
10academic year, determined on a full-time equivalent basis, by
11more than 6%, the participant's employer shall pay to the
12System, in addition to all other payments required under this
13Section and in accordance with guidelines established by the
14System, the present value of the increase in benefits resulting
15from the portion of the increase in earnings that is in excess
16of 6%. This present value shall be computed by the System on
17the basis of the actuarial assumptions and tables used in the
18most recent actuarial valuation of the System that is available
19at the time of the computation. The System may require the
20employer to provide any pertinent information or
21documentation.
22    Whenever it determines that a payment is or may be required
23under this subsection (g), the System shall calculate the
24amount of the payment and bill the employer for that amount.
25The bill shall specify the calculations used to determine the
26amount due. If the employer disputes the amount of the bill, it

 

 

SB2217- 611 -LRB100 13147 JWD 27539 b

1may, within 30 days after receipt of the bill, apply to the
2System in writing for a recalculation. The application must
3specify in detail the grounds of the dispute and, if the
4employer asserts that the calculation is subject to subsection
5(h) or (i) of this Section, must include an affidavit setting
6forth and attesting to all facts within the employer's
7knowledge that are pertinent to the applicability of subsection
8(h) or (i). Upon receiving a timely application for
9recalculation, the System shall review the application and, if
10appropriate, recalculate the amount due.
11    The employer contributions required under this subsection
12(g) may be paid in the form of a lump sum within 90 days after
13receipt of the bill. If the employer contributions are not paid
14within 90 days after receipt of the bill, then interest will be
15charged at a rate equal to the System's annual actuarially
16assumed rate of return on investment compounded annually from
17the 91st day after receipt of the bill. Payments must be
18concluded within 3 years after the employer's receipt of the
19bill.
20    When assessing payment for any amount due under this
21subsection (g), the System shall include earnings, to the
22extent not established by a participant under Section 15-113.11
23or 15-113.12, that would have been paid to the participant had
24the participant not taken (i) periods of voluntary or
25involuntary furlough occurring on or after July 1, 2015 and on
26or before June 30, 2017 or (ii) periods of voluntary pay

 

 

SB2217- 612 -LRB100 13147 JWD 27539 b

1reduction in lieu of furlough occurring on or after July 1,
22015 and on or before June 30, 2017. Determining earnings that
3would have been paid to a participant had the participant not
4taken periods of voluntary or involuntary furlough or periods
5of voluntary pay reduction shall be the responsibility of the
6employer, and shall be reported in a manner prescribed by the
7System.
8    (h) This subsection (h) applies only to payments made or
9salary increases given on or after June 1, 2005 but before July
101, 2011. The changes made by Public Act 94-1057 shall not
11require the System to refund any payments received before July
1231, 2006 (the effective date of Public Act 94-1057).
13    When assessing payment for any amount due under subsection
14(g), the System shall exclude earnings increases paid to
15participants under contracts or collective bargaining
16agreements entered into, amended, or renewed before June 1,
172005.
18    When assessing payment for any amount due under subsection
19(g), the System shall exclude earnings increases paid to a
20participant at a time when the participant is 10 or more years
21from retirement eligibility under Section 15-135.
22    When assessing payment for any amount due under subsection
23(g), the System shall exclude earnings increases resulting from
24overload work, including a contract for summer teaching, or
25overtime when the employer has certified to the System, and the
26System has approved the certification, that: (i) in the case of

 

 

SB2217- 613 -LRB100 13147 JWD 27539 b

1overloads (A) the overload work is for the sole purpose of
2academic instruction in excess of the standard number of
3instruction hours for a full-time employee occurring during the
4academic year that the overload is paid and (B) the earnings
5increases are equal to or less than the rate of pay for
6academic instruction computed using the participant's current
7salary rate and work schedule; and (ii) in the case of
8overtime, the overtime was necessary for the educational
9mission.
10    When assessing payment for any amount due under subsection
11(g), the System shall exclude any earnings increase resulting
12from (i) a promotion for which the employee moves from one
13classification to a higher classification under the State
14Universities Civil Service System, (ii) a promotion in academic
15rank for a tenured or tenure-track faculty position, or (iii) a
16promotion that the Illinois Community College Board has
17recommended in accordance with subsection (k) of this Section.
18These earnings increases shall be excluded only if the
19promotion is to a position that has existed and been filled by
20a member for no less than one complete academic year and the
21earnings increase as a result of the promotion is an increase
22that results in an amount no greater than the average salary
23paid for other similar positions.
24    (i) When assessing payment for any amount due under
25subsection (g), the System shall exclude any salary increase
26described in subsection (h) of this Section given on or after

 

 

SB2217- 614 -LRB100 13147 JWD 27539 b

1July 1, 2011 but before July 1, 2014 under a contract or
2collective bargaining agreement entered into, amended, or
3renewed on or after June 1, 2005 but before July 1, 2011.
4Notwithstanding any other provision of this Section, any
5payments made or salary increases given after June 30, 2014
6shall be used in assessing payment for any amount due under
7subsection (g) of this Section.
8    (j) The System shall prepare a report and file copies of
9the report with the Governor and the General Assembly by
10January 1, 2007 that contains all of the following information:
11        (1) The number of recalculations required by the
12    changes made to this Section by Public Act 94-1057 for each
13    employer.
14        (2) The dollar amount by which each employer's
15    contribution to the System was changed due to
16    recalculations required by Public Act 94-1057.
17        (3) The total amount the System received from each
18    employer as a result of the changes made to this Section by
19    Public Act 94-4.
20        (4) The increase in the required State contribution
21    resulting from the changes made to this Section by Public
22    Act 94-1057.
23    (k) The Illinois Community College Board shall adopt rules
24for recommending lists of promotional positions submitted to
25the Board by community colleges and for reviewing the
26promotional lists on an annual basis. When recommending

 

 

SB2217- 615 -LRB100 13147 JWD 27539 b

1promotional lists, the Board shall consider the similarity of
2the positions submitted to those positions recognized for State
3universities by the State Universities Civil Service System.
4The Illinois Community College Board shall file a copy of its
5findings with the System. The System shall consider the
6findings of the Illinois Community College Board when making
7determinations under this Section. The System shall not exclude
8any earnings increases resulting from a promotion when the
9promotion was not submitted by a community college. Nothing in
10this subsection (k) shall require any community college to
11submit any information to the Community College Board.
12    (l) For purposes of determining the required State
13contribution to the System, the value of the System's assets
14shall be equal to the actuarial value of the System's assets,
15which shall be calculated as follows:
16    As of June 30, 2008, the actuarial value of the System's
17assets shall be equal to the market value of the assets as of
18that date. In determining the actuarial value of the System's
19assets for fiscal years after June 30, 2008, any actuarial
20gains or losses from investment return incurred in a fiscal
21year shall be recognized in equal annual amounts over the
225-year period following that fiscal year.
23    (m) For purposes of determining the required State
24contribution to the system for a particular year, the actuarial
25value of assets shall be assumed to earn a rate of return equal
26to the system's actuarially assumed rate of return.

 

 

SB2217- 616 -LRB100 13147 JWD 27539 b

1(Source: P.A. 98-92, eff. 7-16-13; 98-463, eff. 8-16-13;
299-897, eff. 1-1-17.)
 
3    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
4    (Text of Section WITHOUT the changes made by P.A. 98-599,
5which has been held unconstitutional)
6    Sec. 16-158. Contributions by State and other employing
7units.
8    (a) The State shall make contributions to the System by
9means of appropriations from the Common School Fund and other
10State funds of amounts which, together with other employer
11contributions, employee contributions, investment income, and
12other income, will be sufficient to meet the cost of
13maintaining and administering the System on a 90% funded basis
14in accordance with actuarial recommendations.
15    The Board shall determine the amount of State contributions
16required for each fiscal year on the basis of the actuarial
17tables and other assumptions adopted by the Board and the
18recommendations of the actuary, using the formula in subsection
19(b-3).
20    (a-1) Annually, on or before November 15 until November 15,
212011, the Board shall certify to the Governor the amount of the
22required State contribution for the coming fiscal year. The
23certification under this subsection (a-1) shall include a copy
24of the actuarial recommendations upon which it is based and
25shall specifically identify the System's projected State

 

 

SB2217- 617 -LRB100 13147 JWD 27539 b

1normal cost for that fiscal year.
2    On or before May 1, 2004, the Board shall recalculate and
3recertify to the Governor the amount of the required State
4contribution to the System for State fiscal year 2005, taking
5into account the amounts appropriated to and received by the
6System under subsection (d) of Section 7.2 of the General
7Obligation Bond Act.
8    On or before July 1, 2005, the Board shall recalculate and
9recertify to the Governor the amount of the required State
10contribution to the System for State fiscal year 2006, taking
11into account the changes in required State contributions made
12by this amendatory Act of the 94th General Assembly.
13    On or before April 1, 2011, the Board shall recalculate and
14recertify to the Governor the amount of the required State
15contribution to the System for State fiscal year 2011, applying
16the changes made by Public Act 96-889 to the System's assets
17and liabilities as of June 30, 2009 as though Public Act 96-889
18was approved on that date.
19    (a-5) On or before November 1 of each year, beginning
20November 1, 2012, the Board shall submit to the State Actuary,
21the Governor, and the General Assembly a proposed certification
22of the amount of the required State contribution to the System
23for the next fiscal year, along with all of the actuarial
24assumptions, calculations, and data upon which that proposed
25certification is based. On or before January 1 of each year,
26beginning January 1, 2013, the State Actuary shall issue a

 

 

SB2217- 618 -LRB100 13147 JWD 27539 b

1preliminary report concerning the proposed certification and
2identifying, if necessary, recommended changes in actuarial
3assumptions that the Board must consider before finalizing its
4certification of the required State contributions. On or before
5January 15, 2013 and each January 15 thereafter, the Board
6shall certify to the Governor and the General Assembly the
7amount of the required State contribution for the next fiscal
8year. The Board's certification must note any deviations from
9the State Actuary's recommended changes, the reason or reasons
10for not following the State Actuary's recommended changes, and
11the fiscal impact of not following the State Actuary's
12recommended changes on the required State contribution.
13    (b) Through State fiscal year 1995, the State contributions
14shall be paid to the System in accordance with Section 18-7 of
15the School Code.
16    (b-1) Beginning in State fiscal year 1996, on the 15th day
17of each month, or as soon thereafter as may be practicable, the
18Board shall submit vouchers for payment of State contributions
19to the System, in a total monthly amount of one-twelfth of the
20required annual State contribution certified under subsection
21(a-1). From the effective date of this amendatory Act of the
2293rd General Assembly through June 30, 2004, the Board shall
23not submit vouchers for the remainder of fiscal year 2004 in
24excess of the fiscal year 2004 certified contribution amount
25determined under this Section after taking into consideration
26the transfer to the System under subsection (a) of Section

 

 

SB2217- 619 -LRB100 13147 JWD 27539 b

16z-61 of the State Finance Act. These vouchers shall be paid by
2the State Comptroller and Treasurer by warrants drawn on the
3funds appropriated to the System for that fiscal year.
4    If in any month the amount remaining unexpended from all
5other appropriations to the System for the applicable fiscal
6year (including the appropriations to the System under Section
78.12 of the State Finance Act and Section 1 of the State
8Pension Funds Continuing Appropriation Act) is less than the
9amount lawfully vouchered under this subsection, the
10difference shall be paid from the Common School Fund under the
11continuing appropriation authority provided in Section 1.1 of
12the State Pension Funds Continuing Appropriation Act.
13    (b-2) Allocations from the Common School Fund apportioned
14to school districts not coming under this System shall not be
15diminished or affected by the provisions of this Article.
16    (b-3) For State fiscal years 2012 through 2045, the minimum
17contribution to the System to be made by the State for each
18fiscal year shall be an amount determined by the System to be
19sufficient to bring the total assets of the System up to 90% of
20the total actuarial liabilities of the System by the end of
21State fiscal year 2045. In making these determinations, the
22required State contribution shall be calculated each year as a
23level percentage of payroll over the years remaining to and
24including fiscal year 2045 and shall be determined under the
25projected unit credit actuarial cost method.
26    For State fiscal years 1996 through 2005, the State

 

 

SB2217- 620 -LRB100 13147 JWD 27539 b

1contribution to the System, as a percentage of the applicable
2employee payroll, shall be increased in equal annual increments
3so that by State fiscal year 2011, the State is contributing at
4the rate required under this Section; except that in the
5following specified State fiscal years, the State contribution
6to the System shall not be less than the following indicated
7percentages of the applicable employee payroll, even if the
8indicated percentage will produce a State contribution in
9excess of the amount otherwise required under this subsection
10and subsection (a), and notwithstanding any contrary
11certification made under subsection (a-1) before the effective
12date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
13in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
142003; and 13.56% in FY 2004.
15    Notwithstanding any other provision of this Article, the
16total required State contribution for State fiscal year 2006 is
17$534,627,700.
18    Notwithstanding any other provision of this Article, the
19total required State contribution for State fiscal year 2007 is
20$738,014,500.
21    For each of State fiscal years 2008 through 2009, the State
22contribution to the System, as a percentage of the applicable
23employee payroll, shall be increased in equal annual increments
24from the required State contribution for State fiscal year
252007, so that by State fiscal year 2011, the State is
26contributing at the rate otherwise required under this Section.

 

 

SB2217- 621 -LRB100 13147 JWD 27539 b

1    Notwithstanding any other provision of this Article, the
2total required State contribution for State fiscal year 2010 is
3$2,089,268,000 and shall be made from the proceeds of bonds
4sold in fiscal year 2010 pursuant to Section 7.2 of the General
5Obligation Bond Act, less (i) the pro rata share of bond sale
6expenses determined by the System's share of total bond
7proceeds, (ii) any amounts received from the Common School Fund
8in fiscal year 2010, and (iii) any reduction in bond proceeds
9due to the issuance of discounted bonds, if applicable.
10    Notwithstanding any other provision of this Article, the
11total required State contribution for State fiscal year 2011 is
12the amount recertified by the System on or before April 1, 2011
13pursuant to subsection (a-1) of this Section and shall be made
14from the proceeds of bonds sold in fiscal year 2011 pursuant to
15Section 7.2 of the General Obligation Bond Act, less (i) the
16pro rata share of bond sale expenses determined by the System's
17share of total bond proceeds, (ii) any amounts received from
18the Common School Fund in fiscal year 2011, and (iii) any
19reduction in bond proceeds due to the issuance of discounted
20bonds, if applicable. This amount shall include, in addition to
21the amount certified by the System, an amount necessary to meet
22employer contributions required by the State as an employer
23under paragraph (e) of this Section, which may also be used by
24the System for contributions required by paragraph (a) of
25Section 16-127.
26    Notwithstanding any other provision of this Article, the

 

 

SB2217- 622 -LRB100 13147 JWD 27539 b

1total required State contribution for State fiscal year 2018 is
2$3,869,952,674.
3    Beginning in State fiscal year 2046, the minimum State
4contribution for each fiscal year shall be the amount needed to
5maintain the total assets of the System at 90% of the total
6actuarial liabilities of the System.
7    Amounts received by the System pursuant to Section 25 of
8the Budget Stabilization Act or Section 8.12 of the State
9Finance Act in any fiscal year do not reduce and do not
10constitute payment of any portion of the minimum State
11contribution required under this Article in that fiscal year.
12Such amounts shall not reduce, and shall not be included in the
13calculation of, the required State contributions under this
14Article in any future year until the System has reached a
15funding ratio of at least 90%. A reference in this Article to
16the "required State contribution" or any substantially similar
17term does not include or apply to any amounts payable to the
18System under Section 25 of the Budget Stabilization Act.
19    Notwithstanding any other provision of this Section, the
20required State contribution for State fiscal year 2005 and for
21fiscal year 2008 and each fiscal year thereafter, as calculated
22under this Section and certified under subsection (a-1), shall
23not exceed an amount equal to (i) the amount of the required
24State contribution that would have been calculated under this
25Section for that fiscal year if the System had not received any
26payments under subsection (d) of Section 7.2 of the General

 

 

SB2217- 623 -LRB100 13147 JWD 27539 b

1Obligation Bond Act, minus (ii) the portion of the State's
2total debt service payments for that fiscal year on the bonds
3issued in fiscal year 2003 for the purposes of that Section
47.2, as determined and certified by the Comptroller, that is
5the same as the System's portion of the total moneys
6distributed under subsection (d) of Section 7.2 of the General
7Obligation Bond Act. In determining this maximum for State
8fiscal years 2008 through 2010, however, the amount referred to
9in item (i) shall be increased, as a percentage of the
10applicable employee payroll, in equal increments calculated
11from the sum of the required State contribution for State
12fiscal year 2007 plus the applicable portion of the State's
13total debt service payments for fiscal year 2007 on the bonds
14issued in fiscal year 2003 for the purposes of Section 7.2 of
15the General Obligation Bond Act, so that, by State fiscal year
162011, the State is contributing at the rate otherwise required
17under this Section.
18    (c) Payment of the required State contributions and of all
19pensions, retirement annuities, death benefits, refunds, and
20other benefits granted under or assumed by this System, and all
21expenses in connection with the administration and operation
22thereof, are obligations of the State.
23    If members are paid from special trust or federal funds
24which are administered by the employing unit, whether school
25district or other unit, the employing unit shall pay to the
26System from such funds the full accruing retirement costs based

 

 

SB2217- 624 -LRB100 13147 JWD 27539 b

1upon that service, which, beginning July 1, 2014, shall be at a
2rate, expressed as a percentage of salary, equal to the total
3minimum contribution to the System to be made by the State for
4that fiscal year, including both normal cost and unfunded
5liability components, expressed as a percentage of payroll, as
6determined by the System under subsection (b-3) of this
7Section. Employer contributions, based on salary paid to
8members from federal funds, may be forwarded by the
9distributing agency of the State of Illinois to the System
10prior to allocation, in an amount determined in accordance with
11guidelines established by such agency and the System. Any
12contribution for fiscal year 2015 collected as a result of the
13change made by this amendatory Act of the 98th General Assembly
14shall be considered a State contribution under subsection (b-3)
15of this Section.
16    (d) Effective July 1, 1986, any employer of a teacher as
17defined in paragraph (8) of Section 16-106 shall pay the
18employer's normal cost of benefits based upon the teacher's
19service, in addition to employee contributions, as determined
20by the System. Such employer contributions shall be forwarded
21monthly in accordance with guidelines established by the
22System.
23    However, with respect to benefits granted under Section
2416-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
25of Section 16-106, the employer's contribution shall be 12%
26(rather than 20%) of the member's highest annual salary rate

 

 

SB2217- 625 -LRB100 13147 JWD 27539 b

1for each year of creditable service granted, and the employer
2shall also pay the required employee contribution on behalf of
3the teacher. For the purposes of Sections 16-133.4 and
416-133.5, a teacher as defined in paragraph (8) of Section
516-106 who is serving in that capacity while on leave of
6absence from another employer under this Article shall not be
7considered an employee of the employer from which the teacher
8is on leave.
9    (e) Beginning July 1, 1998, every employer of a teacher
10shall pay to the System an employer contribution computed as
11follows:
12        (1) Beginning July 1, 1998 through June 30, 1999, the
13    employer contribution shall be equal to 0.3% of each
14    teacher's salary.
15        (2) Beginning July 1, 1999 and thereafter, the employer
16    contribution shall be equal to 0.58% of each teacher's
17    salary.
18The school district or other employing unit may pay these
19employer contributions out of any source of funding available
20for that purpose and shall forward the contributions to the
21System on the schedule established for the payment of member
22contributions.
23    These employer contributions are intended to offset a
24portion of the cost to the System of the increases in
25retirement benefits resulting from this amendatory Act of 1998.
26    Each employer of teachers is entitled to a credit against

 

 

SB2217- 626 -LRB100 13147 JWD 27539 b

1the contributions required under this subsection (e) with
2respect to salaries paid to teachers for the period January 1,
32002 through June 30, 2003, equal to the amount paid by that
4employer under subsection (a-5) of Section 6.6 of the State
5Employees Group Insurance Act of 1971 with respect to salaries
6paid to teachers for that period.
7    The additional 1% employee contribution required under
8Section 16-152 by this amendatory Act of 1998 is the
9responsibility of the teacher and not the teacher's employer,
10unless the employer agrees, through collective bargaining or
11otherwise, to make the contribution on behalf of the teacher.
12    If an employer is required by a contract in effect on May
131, 1998 between the employer and an employee organization to
14pay, on behalf of all its full-time employees covered by this
15Article, all mandatory employee contributions required under
16this Article, then the employer shall be excused from paying
17the employer contribution required under this subsection (e)
18for the balance of the term of that contract. The employer and
19the employee organization shall jointly certify to the System
20the existence of the contractual requirement, in such form as
21the System may prescribe. This exclusion shall cease upon the
22termination, extension, or renewal of the contract at any time
23after May 1, 1998.
24    (f) If the amount of a teacher's salary for any school year
25used to determine final average salary exceeds the member's
26annual full-time salary rate with the same employer for the

 

 

SB2217- 627 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 628 -LRB100 13147 JWD 27539 b

1within 30 days after receipt of the bill, apply to the System
2in writing for a recalculation. The application must specify in
3detail the grounds of the dispute and, if the employer asserts
4that the calculation is subject to subsection (g) or (h) of
5this Section, must include an affidavit setting forth and
6attesting to all facts within the employer's knowledge that are
7pertinent to the applicability of that subsection. Upon
8receiving a timely application for recalculation, the System
9shall review the application and, if appropriate, recalculate
10the amount due.
11    The employer contributions required under this subsection
12(f) may be paid in the form of a lump sum within 90 days after
13receipt of the bill. If the employer contributions are not paid
14within 90 days after receipt of the bill, then interest will be
15charged at a rate equal to the System's annual actuarially
16assumed rate of return on investment compounded annually from
17the 91st day after receipt of the bill. Payments must be
18concluded within 3 years after the employer's receipt of the
19bill.
20    (g) This subsection (g) applies only to payments made or
21salary increases given on or after June 1, 2005 but before July
221, 2011. The changes made by Public Act 94-1057 shall not
23require the System to refund any payments received before July
2431, 2006 (the effective date of Public Act 94-1057).
25    When assessing payment for any amount due under subsection
26(f), the System shall exclude salary increases paid to teachers

 

 

SB2217- 629 -LRB100 13147 JWD 27539 b

1under contracts or collective bargaining agreements entered
2into, amended, or renewed before June 1, 2005.
3    When assessing payment for any amount due under subsection
4(f), the System shall exclude salary increases paid to a
5teacher at a time when the teacher is 10 or more years from
6retirement eligibility under Section 16-132 or 16-133.2.
7    When assessing payment for any amount due under subsection
8(f), the System shall exclude salary increases resulting from
9overload work, including summer school, when the school
10district has certified to the System, and the System has
11approved the certification, that (i) the overload work is for
12the sole purpose of classroom instruction in excess of the
13standard number of classes for a full-time teacher in a school
14district during a school year and (ii) the salary increases are
15equal to or less than the rate of pay for classroom instruction
16computed on the teacher's current salary and work schedule.
17    When assessing payment for any amount due under subsection
18(f), the System shall exclude a salary increase resulting from
19a promotion (i) for which the employee is required to hold a
20certificate or supervisory endorsement issued by the State
21Teacher Certification Board that is a different certification
22or supervisory endorsement than is required for the teacher's
23previous position and (ii) to a position that has existed and
24been filled by a member for no less than one complete academic
25year and the salary increase from the promotion is an increase
26that results in an amount no greater than the lesser of the

 

 

SB2217- 630 -LRB100 13147 JWD 27539 b

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

 

 

SB2217- 631 -LRB100 13147 JWD 27539 b

1        (2) The dollar amount by which each employer's
2    contribution to the System was changed due to
3    recalculations required by Public Act 94-1057.
4        (3) The total amount the System received from each
5    employer as a result of the changes made to this Section by
6    Public Act 94-4.
7        (4) The increase in the required State contribution
8    resulting from the changes made to this Section by Public
9    Act 94-1057.
10    (j) For purposes of determining the required State
11contribution to the System, the value of the System's assets
12shall be equal to the actuarial value of the System's assets,
13which shall be calculated as follows:
14    As of June 30, 2008, the actuarial value of the System's
15assets shall be equal to the market value of the assets as of
16that date. In determining the actuarial value of the System's
17assets for fiscal years after June 30, 2008, any actuarial
18gains or losses from investment return incurred in a fiscal
19year shall be recognized in equal annual amounts over the
205-year period following that fiscal year.
21    (k) For purposes of determining the required State
22contribution to the system for a particular year, the actuarial
23value of assets shall be assumed to earn a rate of return equal
24to the system's actuarially assumed rate of return.
25(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
2696-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff.

 

 

SB2217- 632 -LRB100 13147 JWD 27539 b

16-18-12; 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
 
2    (40 ILCS 5/18-131)  (from Ch. 108 1/2, par. 18-131)
3    Sec. 18-131. Financing; employer contributions.
4    (a) The State of Illinois shall make contributions to this
5System by appropriations of the amounts which, together with
6the contributions of participants, net earnings on
7investments, and other income, will meet the costs of
8maintaining and administering this System on a 90% funded basis
9in accordance with actuarial recommendations.
10    (b) The Board shall determine the amount of State
11contributions required for each fiscal year on the basis of the
12actuarial tables and other assumptions adopted by the Board and
13the prescribed rate of interest, using the formula in
14subsection (c).
15    (c) For State fiscal years 2012 through 2045, the minimum
16contribution to the System to be made by the State for each
17fiscal year shall be an amount determined by the System to be
18sufficient to bring the total assets of the System up to 90% of
19the total actuarial liabilities of the System by the end of
20State fiscal year 2045. In making these determinations, the
21required State contribution shall be calculated each year as a
22level percentage of payroll over the years remaining to and
23including fiscal year 2045 and shall be determined under the
24projected unit credit actuarial cost method.
25    For State fiscal years 1996 through 2005, the State

 

 

SB2217- 633 -LRB100 13147 JWD 27539 b

1contribution to the System, as a percentage of the applicable
2employee payroll, shall be increased in equal annual increments
3so that by State fiscal year 2011, the State is contributing at
4the rate required under this Section.
5    Notwithstanding any other provision of this Article, the
6total required State contribution for State fiscal year 2006 is
7$29,189,400.
8    Notwithstanding any other provision of this Article, the
9total required State contribution for State fiscal year 2007 is
10$35,236,800.
11    For each of State fiscal years 2008 through 2009, the State
12contribution to the System, as a percentage of the applicable
13employee payroll, shall be increased in equal annual increments
14from the required State contribution for State fiscal year
152007, so that by State fiscal year 2011, the State is
16contributing at the rate otherwise required under this Section.
17    Notwithstanding any other provision of this Article, the
18total required State contribution for State fiscal year 2010 is
19$78,832,000 and shall be made from the proceeds of bonds sold
20in fiscal year 2010 pursuant to Section 7.2 of the General
21Obligation Bond Act, less (i) the pro rata share of bond sale
22expenses determined by the System's share of total bond
23proceeds, (ii) any amounts received from the General Revenue
24Fund in fiscal year 2010, and (iii) any reduction in bond
25proceeds due to the issuance of discounted bonds, if
26applicable.

 

 

SB2217- 634 -LRB100 13147 JWD 27539 b

1    Notwithstanding any other provision of this Article, the
2total required State contribution for State fiscal year 2011 is
3the amount recertified by the System on or before April 1, 2011
4pursuant to Section 18-140 and shall be made from the proceeds
5of bonds sold in fiscal year 2011 pursuant to Section 7.2 of
6the General Obligation Bond Act, less (i) the pro rata share of
7bond sale expenses determined by the System's share of total
8bond proceeds, (ii) any amounts received from the General
9Revenue Fund in fiscal year 2011, and (iii) any reduction in
10bond proceeds due to the issuance of discounted bonds, if
11applicable.
12    Notwithstanding any other provision of this Article, the
13total required State contribution for State fiscal year 2018 is
14$136,766,000.
15    Beginning in State fiscal year 2046, the minimum State
16contribution for each fiscal year shall be the amount needed to
17maintain the total assets of the System at 90% of the total
18actuarial liabilities of the System.
19    Amounts received by the System pursuant to Section 25 of
20the Budget Stabilization Act or Section 8.12 of the State
21Finance Act in any fiscal year do not reduce and do not
22constitute payment of any portion of the minimum State
23contribution required under this Article in that fiscal year.
24Such amounts shall not reduce, and shall not be included in the
25calculation of, the required State contributions under this
26Article in any future year until the System has reached a

 

 

SB2217- 635 -LRB100 13147 JWD 27539 b

1funding ratio of at least 90%. A reference in this Article to
2the "required State contribution" or any substantially similar
3term does not include or apply to any amounts payable to the
4System under Section 25 of the Budget Stabilization Act.
5    Notwithstanding any other provision of this Section, the
6required State contribution for State fiscal year 2005 and for
7fiscal year 2008 and each fiscal year thereafter, as calculated
8under this Section and certified under Section 18-140, shall
9not exceed an amount equal to (i) the amount of the required
10State contribution that would have been calculated under this
11Section for that fiscal year if the System had not received any
12payments under subsection (d) of Section 7.2 of the General
13Obligation Bond Act, minus (ii) the portion of the State's
14total debt service payments for that fiscal year on the bonds
15issued in fiscal year 2003 for the purposes of that Section
167.2, as determined and certified by the Comptroller, that is
17the same as the System's portion of the total moneys
18distributed under subsection (d) of Section 7.2 of the General
19Obligation Bond Act. In determining this maximum for State
20fiscal years 2008 through 2010, however, the amount referred to
21in item (i) shall be increased, as a percentage of the
22applicable employee payroll, in equal increments calculated
23from the sum of the required State contribution for State
24fiscal year 2007 plus the applicable portion of the State's
25total debt service payments for fiscal year 2007 on the bonds
26issued in fiscal year 2003 for the purposes of Section 7.2 of

 

 

SB2217- 636 -LRB100 13147 JWD 27539 b

1the General Obligation Bond Act, so that, by State fiscal year
22011, the State is contributing at the rate otherwise required
3under this Section.
4    (d) For purposes of determining the required State
5contribution to the System, the value of the System's assets
6shall be equal to the actuarial value of the System's assets,
7which shall be calculated as follows:
8    As of June 30, 2008, the actuarial value of the System's
9assets shall be equal to the market value of the assets as of
10that date. In determining the actuarial value of the System's
11assets for fiscal years after June 30, 2008, any actuarial
12gains or losses from investment return incurred in a fiscal
13year shall be recognized in equal annual amounts over the
145-year period following that fiscal year.
15    (e) For purposes of determining the required State
16contribution to the system for a particular year, the actuarial
17value of assets shall be assumed to earn a rate of return equal
18to the system's actuarially assumed rate of return.
19(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
2096-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff.
217-13-12.)
 
22
ARTICLE 65. HEALTH INSURANCE RESERVE FUND

 
23    Section 65-5. The State Employees Group Insurance Act of
241971 is amended by changing Sections 5 and 11 and by adding

 

 

SB2217- 637 -LRB100 13147 JWD 27539 b

1Section 13.3 as follows:
 
2    (5 ILCS 375/5)  (from Ch. 127, par. 525)
3    Sec. 5. Employee benefits; declaration of State policy. The
4General Assembly declares that it is the policy of the State
5and in the best interest of the State to assure quality
6benefits to members and their dependents under this Act. The
7implementation of this policy depends upon, among other things,
8stability and continuity of coverage, care, and services under
9benefit programs for members and their dependents.
10Specifically, but without limitation, members should have
11continued access, on substantially similar terms and
12conditions, to trusted family health care providers with whom
13they have developed long-term relationships through a benefit
14program under this Act. Therefore, the Director must administer
15this Act consistent with that State policy, but may consider
16affordability, cost of coverage and care, and competition among
17health insurers and providers. All contracts for provision of
18employee benefits, including those portions of any proposed
19collective bargaining agreement that would require
20implementation through contracts entered into under this Act,
21are subject to the following requirements:
22        (i) By April 1 of each year, the Director must report
23    and provide information to the Commission concerning the
24    status of the employee benefits program to be offered for
25    the next fiscal year. Information includes, but is not

 

 

SB2217- 638 -LRB100 13147 JWD 27539 b

1    limited to, documents, reports of negotiations, bid
2    invitations, requests for proposals, specifications,
3    copies of proposed and final contracts or agreements, and
4    any other materials concerning contracts or agreements for
5    the employee benefits program. By the first of each month
6    thereafter, the Director must provide updated, and any new,
7    information to the Commission until the employee benefits
8    program for the next fiscal year is determined. In addition
9    to these monthly reporting requirements, at any time the
10    Commission makes a written request, the Director must
11    promptly, but in no event later than 5 business days after
12    receipt of the request, provide to the Commission any
13    additional requested information in the possession of the
14    Director concerning employee benefits programs. The
15    Commission may waive any of the reporting requirements of
16    this item (i) upon the written request by the Director. Any
17    waiver granted under this item (i) must be in writing.
18    Nothing in this item is intended to abrogate any
19    attorney-client privilege.
20        (ii) Within 30 days after notice of the awarding or
21    letting of a contract has appeared in the Illinois
22    Procurement Bulletin in accordance with subsection (b) of
23    Section 15-25 of the Illinois Procurement Code, the
24    Commission may request in writing from the Director and the
25    Director shall promptly, but in no event later than 5
26    business days after receipt of the request, provide to the

 

 

SB2217- 639 -LRB100 13147 JWD 27539 b

1    Commission information in the possession of the Director
2    concerning the proposed contract. Nothing in this item is
3    intended to waive or abrogate any privilege or right of
4    confidentiality authorized by law.
5        (iii) Except as otherwise provided in this item (iii),
6    no contract subject to this Section may be entered into
7    until the 30-day period described in item (ii) has expired,
8    unless the Director requests in writing that the Commission
9    waive the period and the Commission grants the waiver in
10    writing. This item (iii) does not apply to any contract
11    entered into after the effective date of this amendatory
12    Act of the 98th General Assembly and through January 1,
13    2014 to provide a program of group health benefits for
14    Medicare-primary members and their Medicare-primary
15    dependents that is comparable in stability and continuity
16    of coverage, care, and services to the program of health
17    benefits offered to other members and their dependents
18    under this Act.
19        (iv) If the Director seeks to make any substantive
20    modification to any provision of a proposed contract after
21    it is submitted to the Commission in accordance with item
22    (ii), the modified contract shall be subject to the
23    requirements of items (ii) and (iii) unless the Commission
24    agrees, in writing, to a waiver of those requirements with
25    respect to the modified contract.
26        (v) By the date of the beginning of the annual benefit

 

 

SB2217- 640 -LRB100 13147 JWD 27539 b

1    choice period, the Director must transmit to the Commission
2    a copy of each final contract or agreement for the employee
3    benefits program to be offered for the next fiscal year.
4    The annual benefit choice period for an employee benefits
5    program must begin on May 1 of the fiscal year preceding
6    the year for which the program is to be offered. If,
7    however, in any such preceding fiscal year collective
8    bargaining over employee benefit programs for the next
9    fiscal year remains pending on April 15, the beginning date
10    of the annual benefit choice period shall be not later than
11    15 days after ratification of the collective bargaining
12    agreement.
13        (vi) The Director must provide the reports,
14    information, and contracts required under items (i), (ii),
15    (iv), and (v) by electronic or other means satisfactory to
16    the Commission. Reports, information, and contracts in the
17    possession of the Commission pursuant to items (i), (ii),
18    (iv), and (v) are exempt from disclosure by the Commission
19    and its members and employees under the Freedom of
20    Information Act. Reports, information, and contracts
21    received by the Commission pursuant to items (i), (ii),
22    (iv), and (v) must be kept confidential by and may not be
23    disclosed or used by the Commission or its members or
24    employees if such disclosure or use could compromise the
25    fairness or integrity of the procurement, bidding, or
26    contract process. Commission meetings, or portions of

 

 

SB2217- 641 -LRB100 13147 JWD 27539 b

1    Commission meetings, in which reports, information, and
2    contracts received by the Commission pursuant to items (i),
3    (ii), (iv), and (v) are discussed must be closed if
4    disclosure or use of the report or information could
5    compromise the fairness or integrity of the procurement,
6    bidding, or contract process.
7    All contracts entered into under this Section are subject
8to appropriation and shall comply with Section 20-60(b) of the
9Illinois Procurement Code (30 ILCS 500/20-60(b)). For fiscal
10years 2018 through 2021, funds that may be expended on the
11contracts entered into under this Section and the benefits
12provided under this Act shall be limited to amounts set forth
13in General Revenue Fund and Road Fund appropriations enacted
14for those purposes in each of those fiscal years, which are the
15full and complete appropriations established by the General
16Assembly for payment of state employees' group health insurance
17in fiscal years 2018 through 2021, and all such appropriations
18shall be spent on a plan of health benefits that is uniformly
19offered to all State employees.
20    The Director shall contract or otherwise make available
21group life insurance, health benefits and other employee
22benefits to eligible members and, where elected, their eligible
23dependents. Any contract or, if applicable, contracts or other
24arrangement for provision of benefits shall be on terms
25consistent with State policy and based on, but not limited to,
26such criteria as administrative cost, service capabilities of

 

 

SB2217- 642 -LRB100 13147 JWD 27539 b

1the carrier or other contractor and premiums, fees or charges
2as related to benefits.
3    Notwithstanding any other provisions of this Act, by
4January 1, 2014, the Department of Central Management Services,
5in consultation with and subject to the approval of the Chief
6Procurement Officer, shall contract or make otherwise
7available a program of group health benefits for
8Medicare-primary members and their Medicare-primary
9dependents. The Director may procure a single contract or
10multiple contracts that provide a program of group health
11benefits that is comparable in stability and continuity of
12coverage, care, and services to the program of health benefits
13offered to other members and their dependents under this Act.
14The initial procurement of a contract or contracts under this
15paragraph is not subject to the provisions of the Illinois
16Procurement Code, except for Sections 20-60, 20-65, 20-70, and
1720-160 and Article 50 of that Code, provided that the Chief
18Procurement Officer may, in writing with justification, waive
19any certification required under Article 50.
20    The Director may prepare and issue specifications for group
21life insurance, health benefits, other employee benefits and
22administrative services for the purpose of receiving proposals
23from interested parties.
24    The Director is authorized to execute a contract, or
25contracts, for the programs of group life insurance, health
26benefits, other employee benefits and administrative services

 

 

SB2217- 643 -LRB100 13147 JWD 27539 b

1authorized by this Act (including, without limitation,
2prescription drug benefits). All of the benefits provided under
3this Act may be included in one or more contracts, or the
4benefits may be classified into different types with each type
5included under one or more similar contracts with the same or
6different companies.
7    The term of any contract may not extend beyond 5 fiscal
8years. Upon recommendation of the Commission, the Director may
9exercise renewal options of the same contract for up to a
10period of 5 years. Any increases in premiums, fees or charges
11requested by a contractor whose contract may be renewed
12pursuant to a renewal option contained therein, must be
13justified on the basis of (1) audited experience data, (2)
14increases in the costs of health care services provided under
15the contract, (3) contractor performance, (4) increases in
16contractor responsibilities, or (5) any combination thereof.
17    Any contractor shall agree to abide by all requirements of
18this Act and Rules and Regulations promulgated and adopted
19thereto; to submit such information and data as may from time
20to time be deemed necessary by the Director for effective
21administration of the provisions of this Act and the programs
22established hereunder, and to fully cooperate in any audit.
23(Source: P.A. 98-19, eff. 6-10-13.)
 
24    (5 ILCS 375/11)  (from Ch. 127, par. 531)
25    Sec. 11. The amount of contribution in any fiscal year from

 

 

SB2217- 644 -LRB100 13147 JWD 27539 b

1funds other than the General Revenue Fund or the Road Fund
2shall be at the same contribution rate as the General Revenue
3Fund or the Road Fund, except that in State Fiscal Year 2009 no
4contributions shall be required from the FY09 Budget Relief
5Fund. Contributions and payments for life insurance shall be
6deposited in the Group Insurance Premium Fund. Contributions
7and payments for health coverages and other benefits shall be
8deposited in the Health Insurance Reserve Fund. Federal funds
9which are available for cooperative extension purposes shall
10also be charged for the contributions which are made for
11retired employees formerly employed in the Cooperative
12Extension Service. In the case of departments or any division
13thereof receiving a fraction of its requirements for
14administration from the Federal Government, the contributions
15hereunder shall be such fraction of the amount determined under
16the provisions hereof and the remainder shall be contributed by
17the State.
18    Every department which has members paid from funds other
19than the General Revenue Fund, or other than the FY09 Budget
20Relief Fund in State Fiscal Year 2009, shall cooperate with the
21Department of Central Management Services and the Governor's
22Office of Management and Budget in order to assure that the
23specified proportion of the State's cost for group life
24insurance, the program of health benefits and other employee
25benefits is paid by such funds; except that contributions under
26this Act need not be paid from any other fund where both the

 

 

SB2217- 645 -LRB100 13147 JWD 27539 b

1Director of Central Management Services and the Director of the
2Governor's Office of Management and Budget have designated in
3writing that the necessary contributions are included in the
4General Revenue Fund contribution amount.
5    Universities having employees who are totally compensated
6out of the following funds:
7        (1) Income Funds;
8        (2) Local auxiliary funds; and
9        (3) the Agricultural Premium Fund
10shall not be required to submit such contribution for such
11employees.
12    For each person covered under this Act whose eligibility
13for such coverage is based upon the person's status as the
14recipient of a benefit under the Illinois Pension Code, which
15benefit is based in whole or in part upon service with the Toll
16Highway Authority, the Authority shall annually contribute a
17pro rata share of the State's cost for the benefits of that
18person. Notwithstanding the foregoing, universities shall also
19make contributions in accordance with Section 13.3 of this Act.
20(Source: P.A. 94-793, eff. 5-19-06; 95-1000, eff. 10-7-08.)
 
21    (5 ILCS 375/13.3 new)
22    Sec. 13.3. Payments to the Health Insurance Reserve Fund.
23In addition to any other contributions or payments, beginning
24in State fiscal year 2018, each public university shall pay to
25the Department of Central Management Services for deposit into

 

 

SB2217- 646 -LRB100 13147 JWD 27539 b

1the Health Insurance Reserve Fund as set forth below. Each
2university shall make equal payments on a quarterly basis.
3    For fiscal year 2018, the total annual amounts paid shall
4be as follows:
5    Chicago State University                       $2,257,600
6    Eastern Illinois University                    $3,807,300
7    Governors State University                     $1,458,200
8    Northeastern Illinois University               $2,383,600
9    Western Illinois University                    $4,321,800
10    Illinois State University                      $6,840,700
11    Northern Illinois University                   $7,869,600
12    Southern Illinois University                  $15,725,100
13    University of Illinois                        $55,318,100
14    For fiscal year 2019 and each fiscal year thereafter, the
15amounts to be paid in each fiscal year shall be as determined
16by the Director, not to exceed 105% of the amounts required to
17be paid by each public university in the previous fiscal year.
 
18
ARTICLE 70. MEDICAID ASSISTANCE PROGRAM

 
19    Section 70-5. The Illinois Administrative Procedure Act is
20amended by changing Section 5-45 as follows:
 
21    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
22    Sec. 5-45. Emergency rulemaking.
23    (a) "Emergency" means the existence of any situation that

 

 

SB2217- 647 -LRB100 13147 JWD 27539 b

1any agency finds reasonably constitutes a threat to the public
2interest, safety, or welfare.
3    (b) If any agency finds that an emergency exists that
4requires adoption of a rule upon fewer days than is required by
5Section 5-40 and states in writing its reasons for that
6finding, the agency may adopt an emergency rule without prior
7notice or hearing upon filing a notice of emergency rulemaking
8with the Secretary of State under Section 5-70. The notice
9shall include the text of the emergency rule and shall be
10published in the Illinois Register. Consent orders or other
11court orders adopting settlements negotiated by an agency may
12be adopted under this Section. Subject to applicable
13constitutional or statutory provisions, an emergency rule
14becomes effective immediately upon filing under Section 5-65 or
15at a stated date less than 10 days thereafter. The agency's
16finding and a statement of the specific reasons for the finding
17shall be filed with the rule. The agency shall take reasonable
18and appropriate measures to make emergency rules known to the
19persons who may be affected by them.
20    (c) An emergency rule may be effective for a period of not
21longer than 150 days, but the agency's authority to adopt an
22identical rule under Section 5-40 is not precluded. No
23emergency rule may be adopted more than once in any 24-month
24period, except that this limitation on the number of emergency
25rules that may be adopted in a 24-month period does not apply
26to (i) emergency rules that make additions to and deletions

 

 

SB2217- 648 -LRB100 13147 JWD 27539 b

1from the Drug Manual under Section 5-5.16 of the Illinois
2Public Aid Code or the generic drug formulary under Section
33.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
4emergency rules adopted by the Pollution Control Board before
5July 1, 1997 to implement portions of the Livestock Management
6Facilities Act, (iii) emergency rules adopted by the Illinois
7Department of Public Health under subsections (a) through (i)
8of Section 2 of the Department of Public Health Act when
9necessary to protect the public's health, (iv) emergency rules
10adopted pursuant to subsection (n) of this Section, (v)
11emergency rules adopted pursuant to subsection (o) of this
12Section, or (vi) emergency rules adopted pursuant to subsection
13(c-5) of this Section. Two or more emergency rules having
14substantially the same purpose and effect shall be deemed to be
15a single rule for purposes of this Section.
16    (c-5) To facilitate the maintenance of the program of group
17health benefits provided to annuitants, survivors, and retired
18employees under the State Employees Group Insurance Act of
191971, rules to alter the contributions to be paid by the State,
20annuitants, survivors, retired employees, or any combination
21of those entities, for that program of group health benefits,
22shall be adopted as emergency rules. The adoption of those
23rules shall be considered an emergency and necessary for the
24public interest, safety, and welfare.
25    (d) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 1999 budget,

 

 

SB2217- 649 -LRB100 13147 JWD 27539 b

1emergency rules to implement any provision of Public Act 90-587
2or 90-588 or any other budget initiative for fiscal year 1999
3may be adopted in accordance with this Section by the agency
4charged with administering that provision or initiative,
5except that the 24-month limitation on the adoption of
6emergency rules and the provisions of Sections 5-115 and 5-125
7do not apply to rules adopted under this subsection (d). The
8adoption of emergency rules authorized by this subsection (d)
9shall be deemed to be necessary for the public interest,
10safety, and welfare.
11    (e) In order to provide for the expeditious and timely
12implementation of the State's fiscal year 2000 budget,
13emergency rules to implement any provision of Public Act 91-24
14or any other budget initiative for fiscal year 2000 may be
15adopted in accordance with this Section by the agency charged
16with administering that provision or initiative, except that
17the 24-month limitation on the adoption of emergency rules and
18the provisions of Sections 5-115 and 5-125 do not apply to
19rules adopted under this subsection (e). The adoption of
20emergency rules authorized by this subsection (e) shall be
21deemed to be necessary for the public interest, safety, and
22welfare.
23    (f) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 2001 budget,
25emergency rules to implement any provision of Public Act 91-712
26or any other budget initiative for fiscal year 2001 may be

 

 

SB2217- 650 -LRB100 13147 JWD 27539 b

1adopted in accordance with this Section by the agency charged
2with administering that provision or initiative, except that
3the 24-month limitation on the adoption of emergency rules and
4the provisions of Sections 5-115 and 5-125 do not apply to
5rules adopted under this subsection (f). The adoption of
6emergency rules authorized by this subsection (f) shall be
7deemed to be necessary for the public interest, safety, and
8welfare.
9    (g) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 2002 budget,
11emergency rules to implement any provision of Public Act 92-10
12or any other budget initiative for fiscal year 2002 may be
13adopted in accordance with this Section by the agency charged
14with administering that provision or initiative, except that
15the 24-month limitation on the adoption of emergency rules and
16the provisions of Sections 5-115 and 5-125 do not apply to
17rules adopted under this subsection (g). The adoption of
18emergency rules authorized by this subsection (g) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (h) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 2003 budget,
23emergency rules to implement any provision of Public Act 92-597
24or any other budget initiative for fiscal year 2003 may be
25adopted in accordance with this Section by the agency charged
26with administering that provision or initiative, except that

 

 

SB2217- 651 -LRB100 13147 JWD 27539 b

1the 24-month limitation on the adoption of emergency rules and
2the provisions of Sections 5-115 and 5-125 do not apply to
3rules adopted under this subsection (h). The adoption of
4emergency rules authorized by this subsection (h) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7    (i) In order to provide for the expeditious and timely
8implementation of the State's fiscal year 2004 budget,
9emergency rules to implement any provision of Public Act 93-20
10or any other budget initiative for fiscal year 2004 may be
11adopted in accordance with this Section by the agency charged
12with administering that provision or initiative, except that
13the 24-month limitation on the adoption of emergency rules and
14the provisions of Sections 5-115 and 5-125 do not apply to
15rules adopted under this subsection (i). The adoption of
16emergency rules authorized by this subsection (i) shall be
17deemed to be necessary for the public interest, safety, and
18welfare.
19    (j) In order to provide for the expeditious and timely
20implementation of the provisions of the State's fiscal year
212005 budget as provided under the Fiscal Year 2005 Budget
22Implementation (Human Services) Act, emergency rules to
23implement any provision of the Fiscal Year 2005 Budget
24Implementation (Human Services) Act may be adopted in
25accordance with this Section by the agency charged with
26administering that provision, except that the 24-month

 

 

SB2217- 652 -LRB100 13147 JWD 27539 b

1limitation on the adoption of emergency rules and the
2provisions of Sections 5-115 and 5-125 do not apply to rules
3adopted under this subsection (j). The Department of Public Aid
4may also adopt rules under this subsection (j) necessary to
5administer the Illinois Public Aid Code and the Children's
6Health Insurance Program Act. The adoption of emergency rules
7authorized by this subsection (j) shall be deemed to be
8necessary for the public interest, safety, and welfare.
9    (k) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112006 budget, emergency rules to implement any provision of
12Public Act 94-48 or any other budget initiative for fiscal year
132006 may be adopted in accordance with this Section by the
14agency charged with administering that provision or
15initiative, except that the 24-month limitation on the adoption
16of emergency rules and the provisions of Sections 5-115 and
175-125 do not apply to rules adopted under this subsection (k).
18The Department of Healthcare and Family Services may also adopt
19rules under this subsection (k) necessary to administer the
20Illinois Public Aid Code, the Senior Citizens and Persons with
21Disabilities Property Tax Relief Act, the Senior Citizens and
22Disabled Persons Prescription Drug Discount Program Act (now
23the Illinois Prescription Drug Discount Program Act), and the
24Children's Health Insurance Program Act. The adoption of
25emergency rules authorized by this subsection (k) shall be
26deemed to be necessary for the public interest, safety, and

 

 

SB2217- 653 -LRB100 13147 JWD 27539 b

1welfare.
2    (l) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42007 budget, the Department of Healthcare and Family Services
5may adopt emergency rules during fiscal year 2007, including
6rules effective July 1, 2007, in accordance with this
7subsection to the extent necessary to administer the
8Department's responsibilities with respect to amendments to
9the State plans and Illinois waivers approved by the federal
10Centers for Medicare and Medicaid Services necessitated by the
11requirements of Title XIX and Title XXI of the federal Social
12Security Act. The adoption of emergency rules authorized by
13this subsection (l) shall be deemed to be necessary for the
14public interest, safety, and welfare.
15    (m) In order to provide for the expeditious and timely
16implementation of the provisions of the State's fiscal year
172008 budget, the Department of Healthcare and Family Services
18may adopt emergency rules during fiscal year 2008, including
19rules effective July 1, 2008, in accordance with this
20subsection to the extent necessary to administer the
21Department's responsibilities with respect to amendments to
22the State plans and Illinois waivers approved by the federal
23Centers for Medicare and Medicaid Services necessitated by the
24requirements of Title XIX and Title XXI of the federal Social
25Security Act. The adoption of emergency rules authorized by
26this subsection (m) shall be deemed to be necessary for the

 

 

SB2217- 654 -LRB100 13147 JWD 27539 b

1public interest, safety, and welfare.
2    (n) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42010 budget, emergency rules to implement any provision of
5Public Act 96-45 or any other budget initiative authorized by
6the 96th General Assembly for fiscal year 2010 may be adopted
7in accordance with this Section by the agency charged with
8administering that provision or initiative. The adoption of
9emergency rules authorized by this subsection (n) shall be
10deemed to be necessary for the public interest, safety, and
11welfare. The rulemaking authority granted in this subsection
12(n) shall apply only to rules promulgated during Fiscal Year
132010.
14    (o) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162011 budget, emergency rules to implement any provision of
17Public Act 96-958 or any other budget initiative authorized by
18the 96th General Assembly for fiscal year 2011 may be adopted
19in accordance with this Section by the agency charged with
20administering that provision or initiative. The adoption of
21emergency rules authorized by this subsection (o) is deemed to
22be necessary for the public interest, safety, and welfare. The
23rulemaking authority granted in this subsection (o) applies
24only to rules promulgated on or after July 1, 2010 (the
25effective date of Public Act 96-958) through June 30, 2011.
26    (p) In order to provide for the expeditious and timely

 

 

SB2217- 655 -LRB100 13147 JWD 27539 b

1implementation of the provisions of Public Act 97-689,
2emergency rules to implement any provision of Public Act 97-689
3may be adopted in accordance with this subsection (p) by the
4agency charged with administering that provision or
5initiative. The 150-day limitation of the effective period of
6emergency rules does not apply to rules adopted under this
7subsection (p), and the effective period may continue through
8June 30, 2013. The 24-month limitation on the adoption of
9emergency rules does not apply to rules adopted under this
10subsection (p). The adoption of emergency rules authorized by
11this subsection (p) is deemed to be necessary for the public
12interest, safety, and welfare.
13    (q) In order to provide for the expeditious and timely
14implementation of the provisions of Articles 7, 8, 9, 11, and
1512 of Public Act 98-104, emergency rules to implement any
16provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
17may be adopted in accordance with this subsection (q) by the
18agency charged with administering that provision or
19initiative. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (q). The adoption of emergency rules authorized by
22this subsection (q) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (r) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 98-651,
26emergency rules to implement Public Act 98-651 may be adopted

 

 

SB2217- 656 -LRB100 13147 JWD 27539 b

1in accordance with this subsection (r) by the Department of
2Healthcare and Family Services. The 24-month limitation on the
3adoption of emergency rules does not apply to rules adopted
4under this subsection (r). The adoption of emergency rules
5authorized by this subsection (r) is deemed to be necessary for
6the public interest, safety, and welfare.
7    (s) In order to provide for the expeditious and timely
8implementation of the provisions of Sections 5-5b.1 and 5A-2 of
9the Illinois Public Aid Code, emergency rules to implement any
10provision of Section 5-5b.1 or Section 5A-2 of the Illinois
11Public Aid Code may be adopted in accordance with this
12subsection (s) by the Department of Healthcare and Family
13Services. The rulemaking authority granted in this subsection
14(s) shall apply only to those rules adopted prior to July 1,
152015. Notwithstanding any other provision of this Section, any
16emergency rule adopted under this subsection (s) shall only
17apply to payments made for State fiscal year 2015. The adoption
18of emergency rules authorized by this subsection (s) is deemed
19to be necessary for the public interest, safety, and welfare.
20    (t) In order to provide for the expeditious and timely
21implementation of the provisions of Article II of Public Act
2299-6, emergency rules to implement the changes made by Article
23II of Public Act 99-6 to the Emergency Telephone System Act may
24be adopted in accordance with this subsection (t) by the
25Department of State Police. The rulemaking authority granted in
26this subsection (t) shall apply only to those rules adopted

 

 

SB2217- 657 -LRB100 13147 JWD 27539 b

1prior to July 1, 2016. The 24-month limitation on the adoption
2of emergency rules does not apply to rules adopted under this
3subsection (t). The adoption of emergency rules authorized by
4this subsection (t) is deemed to be necessary for the public
5interest, safety, and welfare.
6    (u) In order to provide for the expeditious and timely
7implementation of the provisions of the Burn Victims Relief
8Act, emergency rules to implement any provision of the Act may
9be adopted in accordance with this subsection (u) by the
10Department of Insurance. The rulemaking authority granted in
11this subsection (u) shall apply only to those rules adopted
12prior to December 31, 2015. The adoption of emergency rules
13authorized by this subsection (u) is deemed to be necessary for
14the public interest, safety, and welfare.
15    (v) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 99-516,
17emergency rules to implement Public Act 99-516 may be adopted
18in accordance with this subsection (v) by the Department of
19Healthcare and Family Services. The 24-month limitation on the
20adoption of emergency rules does not apply to rules adopted
21under this subsection (v). The adoption of emergency rules
22authorized by this subsection (v) is deemed to be necessary for
23the public interest, safety, and welfare.
24    (w) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-796,
26emergency rules to implement the changes made by Public Act

 

 

SB2217- 658 -LRB100 13147 JWD 27539 b

199-796 may be adopted in accordance with this subsection (w) by
2the Adjutant General. The adoption of emergency rules
3authorized by this subsection (w) is deemed to be necessary for
4the public interest, safety, and welfare.
5    (x) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 99-906 this
7amendatory Act of the 99th General Assembly, emergency rules to
8implement subsection (i) of Section 16-115D, subsection (g) of
9Section 16-128A, and subsection (a) of Section 16-128B of the
10Public Utilities Act may be adopted in accordance with this
11subsection (x) by the Illinois Commerce Commission. The
12rulemaking authority granted in this subsection (x) shall apply
13only to those rules adopted within 180 days after June 1, 2017
14(the effective date of Public Act 99-906) this amendatory Act
15of the 99th General Assembly. The adoption of emergency rules
16authorized by this subsection (x) is deemed to be necessary for
17the public interest, safety, and welfare.
18    (y) In order to provide for the expeditious and timely
19implementation of this amendatory Act of the 100th General
20Assembly, and any other such Act authorized by the 100th
21General Assembly related to rate reductions for services
22covered under the Medical Assistance Program, provider
23assessments or fees authorized under Article 5A of the Illinois
24Public Aid Code, and a long term care Minimum Data Set (MDS)
25audit vendor and timeframes for such audits, the Department of
26Healthcare and Family Services or the agency charged with

 

 

SB2217- 659 -LRB100 13147 JWD 27539 b

1administering that provision or initiative may adopt emergency
2rules in accordance with this subsection (y) during fiscal year
32018, including rules effective July 1, 2017. The 150-day
4limitation of the effective period of emergency rules does not
5apply to rules adopted under this subsection (y), and the
6effective period may continue through June 30, 2018. The
724-month limitation on the adoption of emergency rules does not
8apply to rules adopted under this subsection (y). The adoption
9of emergency rules authorized by this subsection (y) shall be
10deemed to be necessary for the public interest, safety, and
11welfare.
12(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
1398-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
1499-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
156-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
16eff. 6-1-17; revised 1-1-17.)
 
17    Section 70-10. The Illinois Procurement Code is amended by
18changing Section 1-10 as follows:
 
19    (30 ILCS 500/1-10)
20    Sec. 1-10. Application.
21    (a) This Code applies only to procurements for which
22bidders, offerors, potential contractors, or contractors were
23first solicited on or after July 1, 1998. This Code shall not
24be construed to affect or impair any contract, or any provision

 

 

SB2217- 660 -LRB100 13147 JWD 27539 b

1of a contract, entered into based on a solicitation prior to
2the implementation date of this Code as described in Article
399, including but not limited to any covenant entered into with
4respect to any revenue bonds or similar instruments. All
5procurements for which contracts are solicited between the
6effective date of Articles 50 and 99 and July 1, 1998 shall be
7substantially in accordance with this Code and its intent.
8    (b) This Code shall apply regardless of the source of the
9funds with which the contracts are paid, including federal
10assistance moneys. This Code shall not apply to:
11        (1) Contracts between the State and its political
12    subdivisions or other governments, or between State
13    governmental bodies except as specifically provided in
14    this Code.
15        (2) Grants, except for the filing requirements of
16    Section 20-80.
17        (3) Purchase of care.
18        (4) Hiring of an individual as employee and not as an
19    independent contractor, whether pursuant to an employment
20    code or policy or by contract directly with that
21    individual.
22        (5) Collective bargaining contracts.
23        (6) Purchase of real estate, except that notice of this
24    type of contract with a value of more than $25,000 must be
25    published in the Procurement Bulletin within 10 calendar
26    days after the deed is recorded in the county of

 

 

SB2217- 661 -LRB100 13147 JWD 27539 b

1    jurisdiction. The notice shall identify the real estate
2    purchased, the names of all parties to the contract, the
3    value of the contract, and the effective date of the
4    contract.
5        (7) Contracts necessary to prepare for anticipated
6    litigation, enforcement actions, or investigations,
7    provided that the chief legal counsel to the Governor shall
8    give his or her prior approval when the procuring agency is
9    one subject to the jurisdiction of the Governor, and
10    provided that the chief legal counsel of any other
11    procuring entity subject to this Code shall give his or her
12    prior approval when the procuring entity is not one subject
13    to the jurisdiction of the Governor.
14        (8) Contracts for services to Northern Illinois
15    University by a person, acting as an independent
16    contractor, who is qualified by education, experience, and
17    technical ability and is selected by negotiation for the
18    purpose of providing non-credit educational service
19    activities or products by means of specialized programs
20    offered by the university.
21        (9) Procurement expenditures by the Illinois
22    Conservation Foundation when only private funds are used.
23        (10) Procurement expenditures by the Illinois Health
24    Information Exchange Authority involving private funds
25    from the Health Information Exchange Fund. "Private funds"
26    means gifts, donations, and private grants.

 

 

SB2217- 662 -LRB100 13147 JWD 27539 b

1        (11) Public-private agreements entered into according
2    to the procurement requirements of Section 20 of the
3    Public-Private Partnerships for Transportation Act and
4    design-build agreements entered into according to the
5    procurement requirements of Section 25 of the
6    Public-Private Partnerships for Transportation Act.
7        (12) Contracts for legal, financial, and other
8    professional and artistic services entered into on or
9    before December 31, 2018 by the Illinois Finance Authority
10    in which the State of Illinois is not obligated. Such
11    contracts shall be awarded through a competitive process
12    authorized by the Board of the Illinois Finance Authority
13    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
14    50-35, and 50-37 of this Code, as well as the final
15    approval by the Board of the Illinois Finance Authority of
16    the terms of the contract.
17        (13) The provisions of this paragraph (13), other than
18    this sentence, are inoperative on and after January 1, 2019
19    or 2 years after the effective date of this amendatory Act
20    of the 99th General Assembly, whichever is later. Contracts
21    for services, commodities, and equipment to support the
22    delivery of timely forensic science services in
23    consultation with and subject to the approval of the Chief
24    Procurement Officer as provided in subsection (d) of
25    Section 5-4-3a of the Unified Code of Corrections, except
26    for the requirements of Sections 20-60, 20-65, 20-70, and

 

 

SB2217- 663 -LRB100 13147 JWD 27539 b

1    20-160 and Article 50 of this Code; however, the Chief
2    Procurement Officer may, in writing with justification,
3    waive any certification required under Article 50 of this
4    Code. For any contracts for services which are currently
5    provided by members of a collective bargaining agreement,
6    the applicable terms of the collective bargaining
7    agreement concerning subcontracting shall be followed.
8    Notwithstanding any other provision of law, contracts
9entered into under item (12) of this subsection (b) shall be
10published in the Procurement Bulletin within 14 calendar days
11after contract execution. The chief procurement officer shall
12prescribe the form and content of the notice. The Illinois
13Finance Authority shall provide the chief procurement officer,
14on a monthly basis, in the form and content prescribed by the
15chief procurement officer, a report of contracts that are
16related to the procurement of goods and services identified in
17item (12) of this subsection (b). At a minimum, this report
18shall include the name of the contractor, a description of the
19supply or service provided, the total amount of the contract,
20the term of the contract, and the exception to the Code
21utilized. A copy of each of these contracts shall be made
22available to the chief procurement officer immediately upon
23request. The chief procurement officer shall submit a report to
24the Governor and General Assembly no later than November 1 of
25each year that shall include, at a minimum, an annual summary
26of the monthly information reported to the chief procurement

 

 

SB2217- 664 -LRB100 13147 JWD 27539 b

1officer.
2    (c) This Code does not apply to the electric power
3procurement process provided for under Section 1-75 of the
4Illinois Power Agency Act and Section 16-111.5 of the Public
5Utilities Act.
6    (d) Except for Section 20-160 and Article 50 of this Code,
7and as expressly required by Section 9.1 of the Illinois
8Lottery Law, the provisions of this Code do not apply to the
9procurement process provided for under Section 9.1 of the
10Illinois Lottery Law.
11    (e) This Code does not apply to the process used by the
12Capital Development Board to retain a person or entity to
13assist the Capital Development Board with its duties related to
14the determination of costs of a clean coal SNG brownfield
15facility, as defined by Section 1-10 of the Illinois Power
16Agency Act, as required in subsection (h-3) of Section 9-220 of
17the Public Utilities Act, including calculating the range of
18capital costs, the range of operating and maintenance costs, or
19the sequestration costs or monitoring the construction of clean
20coal SNG brownfield facility for the full duration of
21construction.
22    (f) This Code does not apply to the process used by the
23Illinois Power Agency to retain a mediator to mediate sourcing
24agreement disputes between gas utilities and the clean coal SNG
25brownfield facility, as defined in Section 1-10 of the Illinois
26Power Agency Act, as required under subsection (h-1) of Section

 

 

SB2217- 665 -LRB100 13147 JWD 27539 b

19-220 of the Public Utilities Act.
2    (g) This Code does not apply to the processes used by the
3Illinois Power Agency to retain a mediator to mediate contract
4disputes between gas utilities and the clean coal SNG facility
5and to retain an expert to assist in the review of contracts
6under subsection (h) of Section 9-220 of the Public Utilities
7Act. This Code does not apply to the process used by the
8Illinois Commerce Commission to retain an expert to assist in
9determining the actual incurred costs of the clean coal SNG
10facility and the reasonableness of those costs as required
11under subsection (h) of Section 9-220 of the Public Utilities
12Act.
13    (h) This Code does not apply to the process to procure or
14contracts entered into in accordance with Sections 11-5.2 and
1511-5.3 of the Illinois Public Aid Code.
16    (i) Each chief procurement officer may access records
17necessary to review whether a contract, purchase, or other
18expenditure is or is not subject to the provisions of this
19Code, unless such records would be subject to attorney-client
20privilege.
21    (j) This Code does not apply to the process used by the
22Capital Development Board to retain an artist or work or works
23of art as required in Section 14 of the Capital Development
24Board Act.
25    (k) This Code does not apply to the process to procure
26contracts, or contracts entered into, by the State Board of

 

 

SB2217- 666 -LRB100 13147 JWD 27539 b

1Elections or the State Electoral Board for hearing officers
2appointed pursuant to the Election Code.
3    (l) This Code does not apply to the process to procure
4contracts, or contracts entered into, in accordance with
5subsection (j) of Section 5-5.2 of the Illinois Public Aid
6Code.
7(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
898-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
91-1-15; 99-801, eff. 1-1-17.)
 
10    Section 70-15. The Illinois Public Aid Code is amended by
11changing Sections 5-5.2, 5-5e, 5A-2, and 5A-8 as follows:
 
12    (305 ILCS 5/5-5.2)  (from Ch. 23, par. 5-5.2)
13    Sec. 5-5.2. Payment.
14    (a) All nursing facilities that are grouped pursuant to
15Section 5-5.1 of this Act shall receive the same rate of
16payment for similar services.
17    (b) It shall be a matter of State policy that the Illinois
18Department shall utilize a uniform billing cycle throughout the
19State for the long-term care providers.
20    (c) Notwithstanding any other provisions of this Code, the
21methodologies for reimbursement of nursing services as
22provided under this Article shall no longer be applicable for
23bills payable for nursing services rendered on or after a new
24reimbursement system based on the Resource Utilization Groups

 

 

SB2217- 667 -LRB100 13147 JWD 27539 b

1(RUGs) has been fully operationalized, which shall take effect
2for services provided on or after January 1, 2014.
3    (d) The new nursing services reimbursement methodology
4utilizing RUG-IV 48 grouper model, which shall be referred to
5as the RUGs reimbursement system, taking effect January 1,
62014, shall be based on the following:
7        (1) The methodology shall be resident-driven,
8    facility-specific, and cost-based.
9        (2) Costs shall be annually rebased and case mix index
10    quarterly updated. The nursing services methodology will
11    be assigned to the Medicaid enrolled residents on record as
12    of 30 days prior to the beginning of the rate period in the
13    Department's Medicaid Management Information System (MMIS)
14    as present on the last day of the second quarter preceding
15    the rate period based upon the Assessment Reference Date of
16    the Minimum Data Set (MDS).
17        (3) Regional wage adjustors based on the Health Service
18    Areas (HSA) groupings and adjusters in effect on April 30,
19    2012 shall be included.
20        (4) Case mix index shall be assigned to each resident
21    class based on the Centers for Medicare and Medicaid
22    Services staff time measurement study in effect on July 1,
23    2013, utilizing an index maximization approach.
24        (5) The pool of funds available for distribution by
25    case mix and the base facility rate shall be determined
26    using the formula contained in subsection (d-1).

 

 

SB2217- 668 -LRB100 13147 JWD 27539 b

1    (d-1) Calculation of base year Statewide RUG-IV nursing
2base per diem rate.
3        (1) Base rate spending pool shall be:
4            (A) The base year resident days which are
5        calculated by multiplying the number of Medicaid
6        residents in each nursing home as indicated in the MDS
7        data defined in paragraph (4) by 365.
8            (B) Each facility's nursing component per diem in
9        effect on July 1, 2012 shall be multiplied by
10        subsection (A).
11            (C) Thirteen million is added to the product of
12        subparagraph (A) and subparagraph (B) to adjust for the
13        exclusion of nursing homes defined in paragraph (5).
14        (2) For each nursing home with Medicaid residents as
15    indicated by the MDS data defined in paragraph (4),
16    weighted days adjusted for case mix and regional wage
17    adjustment shall be calculated. For each home this
18    calculation is the product of:
19            (A) Base year resident days as calculated in
20        subparagraph (A) of paragraph (1).
21            (B) The nursing home's regional wage adjustor
22        based on the Health Service Areas (HSA) groupings and
23        adjustors in effect on April 30, 2012.
24            (C) Facility weighted case mix which is the number
25        of Medicaid residents as indicated by the MDS data
26        defined in paragraph (4) multiplied by the associated

 

 

SB2217- 669 -LRB100 13147 JWD 27539 b

1        case weight for the RUG-IV 48 grouper model using
2        standard RUG-IV procedures for index maximization.
3            (D) The sum of the products calculated for each
4        nursing home in subparagraphs (A) through (C) above
5        shall be the base year case mix, rate adjusted weighted
6        days.
7        (3) The Statewide RUG-IV nursing base per diem rate:
8            (A) on January 1, 2014 shall be the quotient of the
9        paragraph (1) divided by the sum calculated under
10        subparagraph (D) of paragraph (2); and
11            (B) on and after July 1, 2014, shall be the amount
12        calculated under subparagraph (A) of this paragraph
13        (3) plus $1.76.
14        (4) Minimum Data Set (MDS) comprehensive assessments
15    for Medicaid residents on the last day of the quarter used
16    to establish the base rate.
17        (5) Nursing facilities designated as of July 1, 2012 by
18    the Department as "Institutions for Mental Disease" shall
19    be excluded from all calculations under this subsection.
20    The data from these facilities shall not be used in the
21    computations described in paragraphs (1) through (4) above
22    to establish the base rate.
23    (e) Beginning July 1, 2014, the Department shall allocate
24funding in the amount up to $10,000,000 for per diem add-ons to
25the RUGS methodology for dates of service on and after July 1,
262014:

 

 

SB2217- 670 -LRB100 13147 JWD 27539 b

1        (1) $0.63 for each resident who scores in I4200
2    Alzheimer's Disease or I4800 non-Alzheimer's Dementia.
3        (2) $2.67 for each resident who scores either a "1" or
4    "2" in any items S1200A through S1200I and also scores in
5    RUG groups PA1, PA2, BA1, or BA2.
6    (e-1) (Blank).
7    (e-2) For dates of services beginning January 1, 2014, the
8RUG-IV nursing component per diem for a nursing home shall be
9the product of the statewide RUG-IV nursing base per diem rate,
10the facility average case mix index, and the regional wage
11adjustor. Transition rates for services provided between
12January 1, 2014 and December 31, 2014 shall be as follows:
13        (1) The transition RUG-IV per diem nursing rate for
14    nursing homes whose rate calculated in this subsection
15    (e-2) is greater than the nursing component rate in effect
16    July 1, 2012 shall be paid the sum of:
17            (A) The nursing component rate in effect July 1,
18        2012; plus
19            (B) The difference of the RUG-IV nursing component
20        per diem calculated for the current quarter minus the
21        nursing component rate in effect July 1, 2012
22        multiplied by 0.88.
23        (2) The transition RUG-IV per diem nursing rate for
24    nursing homes whose rate calculated in this subsection
25    (e-2) is less than the nursing component rate in effect
26    July 1, 2012 shall be paid the sum of:

 

 

SB2217- 671 -LRB100 13147 JWD 27539 b

1            (A) The nursing component rate in effect July 1,
2        2012; plus
3            (B) The difference of the RUG-IV nursing component
4        per diem calculated for the current quarter minus the
5        nursing component rate in effect July 1, 2012
6        multiplied by 0.13.
7    (f) Notwithstanding any other provision of this Code, on
8and after July 1, 2012, reimbursement rates associated with the
9nursing or support components of the current nursing facility
10rate methodology shall not increase beyond the level effective
11May 1, 2011 until a new reimbursement system based on the RUGs
12IV 48 grouper model has been fully operationalized.
13    (g) Notwithstanding any other provision of this Code, on
14and after July 1, 2012, for facilities not designated by the
15Department of Healthcare and Family Services as "Institutions
16for Mental Disease", rates effective May 1, 2011 shall be
17adjusted as follows:
18        (1) Individual nursing rates for residents classified
19    in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter
20    ending March 31, 2012 shall be reduced by 10%;
21        (2) Individual nursing rates for residents classified
22    in all other RUG IV groups shall be reduced by 1.0%;
23        (3) Facility rates for the capital and support
24    components shall be reduced by 1.7%.
25    (h) Notwithstanding any other provision of this Code, on
26and after July 1, 2012, nursing facilities designated by the

 

 

SB2217- 672 -LRB100 13147 JWD 27539 b

1Department of Healthcare and Family Services as "Institutions
2for Mental Disease" and "Institutions for Mental Disease" that
3are facilities licensed under the Specialized Mental Health
4Rehabilitation Act of 2013 shall have the nursing,
5socio-developmental, capital, and support components of their
6reimbursement rate effective May 1, 2011 reduced in total by
72.7%.
8    (i) On and after July 1, 2014, the reimbursement rates for
9the support component of the nursing facility rate for
10facilities licensed under the Nursing Home Care Act as skilled
11or intermediate care facilities shall be the rate in effect on
12June 30, 2014 increased by 8.17%.
13    (j) Because using a vendor will provide greater efficiency
14and economy than not using a vendor, the Department shall
15contract with a vendor to conduct periodic on-site and desk
16reviews of nursing facilities to determine the accuracy of
17resident assessment information transmitted in the MDS that is
18relevant to the determination of reimbursement rates. During
19the reviews, the Department may review up to 2 years of
20quarterly MDS assessments at a time. Nothing in this subsection
21(j) shall be construed to limit any on-site or desk review to
22the 2-year period immediately preceding the review. Reviews may
23be conducted as frequently as the Department deems necessary.
24The Department may adopt emergency rules necessary to implement
25this subsection (j) in accordance with subsection (y) of
26Section 5-45 of the Illinois Administrative Procedure Act.

 

 

SB2217- 673 -LRB100 13147 JWD 27539 b

1(Source: P.A. 98-104, Article 6, Section 6-240, eff. 7-22-13;
298-104, Article 11, Section 11-35, eff. 7-22-13; 98-651, eff.
36-16-14; 98-727, eff. 7-16-14; 98-756, eff. 7-16-14; 99-78,
4eff. 7-20-15.)
 
5    (305 ILCS 5/5-5e)
6    Sec. 5-5e. Adjusted rates of reimbursement.
7    (a) Rates or payments for services in effect on June 30,
82012 shall be adjusted and services shall be affected as
9required by any other provision of Public Act 97-689. In
10addition, the Department shall do the following:
11        (1) Delink the per diem rate paid for supportive living
12    facility services from the per diem rate paid for nursing
13    facility services, effective for services provided on or
14    after May 1, 2011.
15        (2) Cease payment for bed reserves in nursing
16    facilities and specialized mental health rehabilitation
17    facilities; for purposes of therapeutic home visits for
18    individuals scoring as TBI on the MDS 3.0, beginning June
19    1, 2015, the Department shall approve payments for bed
20    reserves in nursing facilities and specialized mental
21    health rehabilitation facilities that have at least a 90%
22    occupancy level and at least 80% of their residents are
23    Medicaid eligible. Payment shall be at a daily rate of 75%
24    of an individual's current Medicaid per diem and shall not
25    exceed 10 days in a calendar month.

 

 

SB2217- 674 -LRB100 13147 JWD 27539 b

1        (2.5) Cease payment for bed reserves for purposes of
2    inpatient hospitalizations to intermediate care facilities
3    for persons with development disabilities, except in the
4    instance of residents who are under 21 years of age.
5        (3) Cease payment of the $10 per day add-on payment to
6    nursing facilities for certain residents with
7    developmental disabilities.
8    (b) After the application of subsection (a),
9notwithstanding any other provision of this Code to the
10contrary and to the extent permitted by federal law, on and
11after July 1, 2012, the rates of reimbursement for services and
12other payments provided under this Code shall further be
13reduced as follows:
14        (1) Rates or payments for physician services, dental
15    services, or community health center services reimbursed
16    through an encounter rate, and services provided under the
17    Medicaid Rehabilitation Option of the Illinois Title XIX
18    State Plan shall not be further reduced, except as provided
19    in Section 5-5b.1.
20        (2) Rates or payments, or the portion thereof, paid to
21    a provider that is operated by a unit of local government
22    or State University that provides the non-federal share of
23    such services shall not be further reduced, except as
24    provided in Section 5-5b.1.
25        (3) Rates or payments for hospital services delivered
26    by a hospital defined as a Safety-Net Hospital under

 

 

SB2217- 675 -LRB100 13147 JWD 27539 b

1    Section 5-5e.1 of this Code shall not be further reduced,
2    except as provided in Section 5-5b.1.
3        (4) Rates or payments for hospital services delivered
4    by a Critical Access Hospital, which is an Illinois
5    hospital designated as a critical care hospital by the
6    Department of Public Health in accordance with 42 CFR 485,
7    Subpart F, shall not be further reduced, except as provided
8    in Section 5-5b.1.
9        (5) Rates or payments for Nursing Facility Services
10    shall only be further adjusted pursuant to Section 5-5.2 of
11    this Code.
12        (6) Rates or payments for services delivered by long
13    term care facilities licensed under the ID/DD Community
14    Care Act or the MC/DD Act and developmental training
15    services shall not be further reduced.
16        (7) Rates or payments for services provided under
17    capitation rates shall be adjusted taking into
18    consideration the rates reduction and covered services
19    required by Public Act 97-689.
20        (8) For hospitals not previously described in this
21    subsection, the rates or payments for hospital services
22    shall be further reduced by 3.5%, except for payments
23    authorized under Section 5A-12.4 of this Code.
24        (9) For all other rates or payments for services
25    delivered by providers not specifically referenced in
26    paragraphs (1) through (8), rates or payments shall be

 

 

SB2217- 676 -LRB100 13147 JWD 27539 b

1    further reduced by 2.7%.
2    (c) Any assessment imposed by this Code shall continue and
3nothing in this Section shall be construed to cause it to
4cease.
5    (d) Notwithstanding any other provision of this Code to the
6contrary, subject to federal approval under Title XIX of the
7Social Security Act, for dates of service on and after July 1,
82014, rates or payments for services provided for the purpose
9of transitioning children from a hospital to home placement or
10other appropriate setting by a children's community-based
11health care center authorized under the Alternative Health Care
12Delivery Act shall be $683 per day.
13    (e) Notwithstanding any other provision of this Code to the
14contrary, subject to federal approval under Title XIX of the
15Social Security Act, for dates of service on and after July 1,
162014, rates or payments for home health visits shall be $72.
17    (f) Notwithstanding any other provision of this Code to the
18contrary, subject to federal approval under Title XIX of the
19Social Security Act, for dates of service on and after July 1,
202014, rates or payments for the certified nursing assistant
21component of the home health agency rate shall be $20.
22    (g) Notwithstanding any other provision of State law to the
23contrary, to the extent permitted by federal law and consent
24decrees regarding reimbursement for services under the Medical
25Assistance Program and subject to federal approval:
26        (1) Except as provided in paragraph (2) of this

 

 

SB2217- 677 -LRB100 13147 JWD 27539 b

1    subsection, for dates of service on and after July 1, 2017,
2    the rates of reimbursement for services and other payments
3    provided under the Medical Assistance Program shall be
4    reduced by 2%.
5        (2) The following shall not be subject to paragraph (1)
6    of this subsection:
7            (A) Payments to any provider located in the State
8        and subject to licensure by the Department of Public
9        Health under the Hospital Licensing Act or any provider
10        meeting all comparable conditions and requirements of
11        the Hospital Licensing Act in effect for the state in
12        which it is located, authorized under:
13                (i) Article V-A of this Code;
14                (ii) Section 5-5.02 of this Code;
15                (iii) Section 5-5.03 of this Code;
16                (iv) Section 14-12 of this Code; and
17                (v) the approved Title XIX State Plan for the
18            disproportionate share program as determined by
19            the Department.
20            (B) Rates or payments or portions thereof paid to
21        the University of Illinois Hospital as defined in the
22        University of Illinois Hospital Act.
23            (C) Rates or payments or portions thereof paid to
24        providers operated by a unit of local government or
25        State university that provide the non-federal share of
26        such services.

 

 

SB2217- 678 -LRB100 13147 JWD 27539 b

1        (3) The Department may adopt emergency rules necessary
2    to implement this subsection (g) in accordance with
3    subsection (y) of Section 5-45 of the Illinois
4    Administrative Procedure Act.
5(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
698-1166, eff. 6-1-15; 99-2, eff. 3-26-15; 99-180, eff. 7-29-15;
799-642, eff. 7-28-16.)
 
8    (305 ILCS 5/5A-2)  (from Ch. 23, par. 5A-2)
9    (Section scheduled to be repealed on July 1, 2018)
10    Sec. 5A-2. Assessment.
11    (a)(1) Subject to Sections 5A-3 and 5A-10, for State fiscal
12years 2009 through 2018, an annual assessment on inpatient
13services is imposed on each hospital provider in an amount
14equal to $218.38 multiplied by the difference of the hospital's
15occupied bed days less the hospital's Medicare bed days,
16provided, however, that the amount of $218.38 shall be
17increased by a uniform percentage to generate an amount equal
18to 75% of the State share of the payments authorized under
19Section 5A-12.5, with such increase only taking effect upon the
20date that a State share for such payments is required under
21federal law. For the period of April through June 2015, the
22amount of $218.38 used to calculate the assessment under this
23paragraph shall, by emergency rule under subsection (s) of
24Section 5-45 of the Illinois Administrative Procedure Act, be
25increased by a uniform percentage to generate $20,250,000 in

 

 

SB2217- 679 -LRB100 13147 JWD 27539 b

1the aggregate for that period from all hospitals subject to the
2annual assessment under this paragraph.
3    (2) In addition to any other assessments imposed under this
4Article, effective July 1, 2016 and semi-annually thereafter
5through June 2018, in addition to any federally required State
6share as authorized under paragraph (1), the amount of $218.38
7shall be increased by a uniform percentage to generate an
8amount equal to 75% of the ACA Assessment Adjustment, as
9defined in subsection (b-6) of this Section.
10    For State fiscal years 2009 through 2014 and after, a
11hospital's occupied bed days and Medicare bed days shall be
12determined using the most recent data available from each
13hospital's 2005 Medicare cost report as contained in the
14Healthcare Cost Report Information System file, for the quarter
15ending on December 31, 2006, without regard to any subsequent
16adjustments or changes to such data. If a hospital's 2005
17Medicare cost report is not contained in the Healthcare Cost
18Report Information System, then the Illinois Department may
19obtain the hospital provider's occupied bed days and Medicare
20bed days from any source available, including, but not limited
21to, records maintained by the hospital provider, which may be
22inspected at all times during business hours of the day by the
23Illinois Department or its duly authorized agents and
24employees.
25    (3) Effective for State fiscal year 2018 only, and
26contingent on the payments authorized under Section 5A-12.5 of

 

 

SB2217- 680 -LRB100 13147 JWD 27539 b

1this Article, and in addition to any other assessments imposed
2under this Article, the amount of $218.38 shall be increased by
314.38%. The Department may adopt emergency rules necessary to
4implement this paragraph (3) in accordance with subsection (y)
5of Section 5-45 of the Illinois Administrative Procedure Act.
6    (b) (Blank).
7    (b-5)(1) Subject to Sections 5A-3 and 5A-10, for the
8portion of State fiscal year 2012, beginning June 10, 2012
9through June 30, 2012, and for State fiscal years 2013 through
102018, an annual assessment on outpatient services is imposed on
11each hospital provider in an amount equal to .008766 multiplied
12by the hospital's outpatient gross revenue, provided, however,
13that the amount of .008766 shall be increased by a uniform
14percentage to generate an amount equal to 25% of the State
15share of the payments authorized under Section 5A-12.5, with
16such increase only taking effect upon the date that a State
17share for such payments is required under federal law. For the
18period beginning June 10, 2012 through June 30, 2012, the
19annual assessment on outpatient services shall be prorated by
20multiplying the assessment amount by a fraction, the numerator
21of which is 21 days and the denominator of which is 365 days.
22For the period of April through June 2015, the amount of
23.008766 used to calculate the assessment under this paragraph
24shall, by emergency rule under subsection (s) of Section 5-45
25of the Illinois Administrative Procedure Act, be increased by a
26uniform percentage to generate $6,750,000 in the aggregate for

 

 

SB2217- 681 -LRB100 13147 JWD 27539 b

1that period from all hospitals subject to the annual assessment
2under this paragraph.
3    (2) In addition to any other assessments imposed under this
4Article, effective July 1, 2016 and semi-annually thereafter
5through June 2018, in addition to any federally required State
6share as authorized under paragraph (1), the amount of .008766
7shall be increased by a uniform percentage to generate an
8amount equal to 25% of the ACA Assessment Adjustment, as
9defined in subsection (b-6) of this Section.
10    For the portion of State fiscal year 2012, beginning June
1110, 2012 through June 30, 2012, and State fiscal years 2013
12through 2018, a hospital's outpatient gross revenue shall be
13determined using the most recent data available from each
14hospital's 2009 Medicare cost report as contained in the
15Healthcare Cost Report Information System file, for the quarter
16ending on June 30, 2011, without regard to any subsequent
17adjustments or changes to such data. If a hospital's 2009
18Medicare cost report is not contained in the Healthcare Cost
19Report Information System, then the Department may obtain the
20hospital provider's outpatient gross revenue from any source
21available, including, but not limited to, records maintained by
22the hospital provider, which may be inspected at all times
23during business hours of the day by the Department or its duly
24authorized agents and employees.
25    (3) Effective for State fiscal year 2018 only, and
26contingent on the payments authorized under Section 5A-12.5 of

 

 

SB2217- 682 -LRB100 13147 JWD 27539 b

1this Article, and in addition to any other assessments imposed
2under this Article, the amount of .008766 shall be increased by
314.38%. The Department may adopt emergency rules necessary to
4implement this amendatory Act of the 100th General Assembly in
5accordance with subsection (y) of Section 5-45 of the Illinois
6Administrative Procedure Act.
7    (b-6)(1) As used in this Section, "ACA Assessment
8Adjustment" means:
9        (A) For the period of July 1, 2016 through December 31,
10    2016, the product of .19125 multiplied by the sum of the
11    fee-for-service payments to hospitals as authorized under
12    Section 5A-12.5 and the adjustments authorized under
13    subsection (t) of Section 5A-12.2 to managed care
14    organizations for hospital services due and payable in the
15    month of April 2016 multiplied by 6.
16        (B) For the period of January 1, 2017 through June 30,
17    2017, the product of .19125 multiplied by the sum of the
18    fee-for-service payments to hospitals as authorized under
19    Section 5A-12.5 and the adjustments authorized under
20    subsection (t) of Section 5A-12.2 to managed care
21    organizations for hospital services due and payable in the
22    month of October 2016 multiplied by 6, except that the
23    amount calculated under this subparagraph (B) shall be
24    adjusted, either positively or negatively, to account for
25    the difference between the actual payments issued under
26    Section 5A-12.5 for the period beginning July 1, 2016

 

 

SB2217- 683 -LRB100 13147 JWD 27539 b

1    through December 31, 2016 and the estimated payments due
2    and payable in the month of April 2016 multiplied by 6 as
3    described in subparagraph (A).
4        (C) For the period of July 1, 2017 through December 31,
5    2017, the product of .19125 multiplied by the sum of the
6    fee-for-service payments to hospitals as authorized under
7    Section 5A-12.5 and the adjustments authorized under
8    subsection (t) of Section 5A-12.2 to managed care
9    organizations for hospital services due and payable in the
10    month of April 2017 multiplied by 6, except that the amount
11    calculated under this subparagraph (C) shall be adjusted,
12    either positively or negatively, to account for the
13    difference between the actual payments issued under
14    Section 5A-12.5 for the period beginning January 1, 2017
15    through June 30, 2017 and the estimated payments due and
16    payable in the month of October 2016 multiplied by 6 as
17    described in subparagraph (B).
18        (D) For the period of January 1, 2018 through June 30,
19    2018, the product of .19125 multiplied by the sum of the
20    fee-for-service payments to hospitals as authorized under
21    Section 5A-12.5 and the adjustments authorized under
22    subsection (t) of Section 5A-12.2 to managed care
23    organizations for hospital services due and payable in the
24    month of October 2017 multiplied by 6, except that:
25            (i) the amount calculated under this subparagraph
26        (D) shall be adjusted, either positively or

 

 

SB2217- 684 -LRB100 13147 JWD 27539 b

1        negatively, to account for the difference between the
2        actual payments issued under Section 5A-12.5 for the
3        period of July 1, 2017 through December 31, 2017 and
4        the estimated payments due and payable in the month of
5        April 2017 multiplied by 6 as described in subparagraph
6        (C); and
7            (ii) the amount calculated under this subparagraph
8        (D) shall be adjusted to include the product of .19125
9        multiplied by the sum of the fee-for-service payments,
10        if any, estimated to be paid to hospitals under
11        subsection (b) of Section 5A-12.5.
12    (2) The Department shall complete and apply a final
13reconciliation of the ACA Assessment Adjustment prior to June
1430, 2018 to account for:
15        (A) any differences between the actual payments issued
16    or scheduled to be issued prior to June 30, 2018 as
17    authorized in Section 5A-12.5 for the period of January 1,
18    2018 through June 30, 2018 and the estimated payments due
19    and payable in the month of October 2017 multiplied by 6 as
20    described in subparagraph (D); and
21        (B) any difference between the estimated
22    fee-for-service payments under subsection (b) of Section
23    5A-12.5 and the amount of such payments that are actually
24    scheduled to be paid.
25    The Department shall notify hospitals of any additional
26amounts owed or reduction credits to be applied to the June

 

 

SB2217- 685 -LRB100 13147 JWD 27539 b

12018 ACA Assessment Adjustment. This is to be considered the
2final reconciliation for the ACA Assessment Adjustment.
3    (3) Notwithstanding any other provision of this Section, if
4for any reason the scheduled payments under subsection (b) of
5Section 5A-12.5 are not issued in full by the final day of the
6period authorized under subsection (b) of Section 5A-12.5,
7funds collected from each hospital pursuant to subparagraph (D)
8of paragraph (1) and pursuant to paragraph (2), attributable to
9the scheduled payments authorized under subsection (b) of
10Section 5A-12.5 that are not issued in full by the final day of
11the period attributable to each payment authorized under
12subsection (b) of Section 5A-12.5, shall be refunded.
13    (4) The increases authorized under paragraph (2) of
14subsection (a) and paragraph (2) of subsection (b-5) shall be
15limited to the federally required State share of the total
16payments authorized under Section 5A-12.5 if the sum of such
17payments yields an annualized amount equal to or less than
18$450,000,000, or if the adjustments authorized under
19subsection (t) of Section 5A-12.2 are found not to be
20actuarially sound; however, this limitation shall not apply to
21the fee-for-service payments described in subsection (b) of
22Section 5A-12.5.
23    (c) (Blank).
24    (d) Notwithstanding any of the other provisions of this
25Section, the Department is authorized to adopt rules to reduce
26the rate of any annual assessment imposed under this Section,

 

 

SB2217- 686 -LRB100 13147 JWD 27539 b

1as authorized by Section 5-46.2 of the Illinois Administrative
2Procedure Act.
3    (e) Notwithstanding any other provision of this Section,
4any plan providing for an assessment on a hospital provider as
5a permissible tax under Title XIX of the federal Social
6Security Act and Medicaid-eligible payments to hospital
7providers from the revenues derived from that assessment shall
8be reviewed by the Illinois Department of Healthcare and Family
9Services, as the Single State Medicaid Agency required by
10federal law, to determine whether those assessments and
11hospital provider payments meet federal Medicaid standards. If
12the Department determines that the elements of the plan may
13meet federal Medicaid standards and a related State Medicaid
14Plan Amendment is prepared in a manner and form suitable for
15submission, that State Plan Amendment shall be submitted in a
16timely manner for review by the Centers for Medicare and
17Medicaid Services of the United States Department of Health and
18Human Services and subject to approval by the Centers for
19Medicare and Medicaid Services of the United States Department
20of Health and Human Services. No such plan shall become
21effective without approval by the Illinois General Assembly by
22the enactment into law of related legislation. Notwithstanding
23any other provision of this Section, the Department is
24authorized to adopt rules to reduce the rate of any annual
25assessment imposed under this Section. Any such rules may be
26adopted by the Department under Section 5-50 of the Illinois

 

 

SB2217- 687 -LRB100 13147 JWD 27539 b

1Administrative Procedure Act.
2(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; 99-2,
3eff. 3-26-15; 99-516, eff. 6-30-16.)
 
4    (305 ILCS 5/5A-8)  (from Ch. 23, par. 5A-8)
5    Sec. 5A-8. Hospital Provider Fund.
6    (a) There is created in the State Treasury the Hospital
7Provider Fund. Interest earned by the Fund shall be credited to
8the Fund. The Fund shall not be used to replace any moneys
9appropriated to the Medicaid program by the General Assembly.
10    (b) The Fund is created for the purpose of receiving moneys
11in accordance with Section 5A-6 and disbursing moneys only for
12the following purposes, notwithstanding any other provision of
13law:
14        (1) For making payments to hospitals as required under
15    this Code, under the Children's Health Insurance Program
16    Act, under the Covering ALL KIDS Health Insurance Act, and
17    under the Long Term Acute Care Hospital Quality Improvement
18    Transfer Program Act.
19        (2) For the reimbursement of moneys collected by the
20    Illinois Department from hospitals or hospital providers
21    through error or mistake in performing the activities
22    authorized under this Code.
23        (3) For payment of administrative expenses incurred by
24    the Illinois Department or its agent in performing
25    activities under this Code, under the Children's Health

 

 

SB2217- 688 -LRB100 13147 JWD 27539 b

1    Insurance Program Act, under the Covering ALL KIDS Health
2    Insurance Act, and under the Long Term Acute Care Hospital
3    Quality Improvement Transfer Program Act.
4        (4) For payments of any amounts which are reimbursable
5    to the federal government for payments from this Fund which
6    are required to be paid by State warrant.
7        (5) For making transfers, as those transfers are
8    authorized in the proceedings authorizing debt under the
9    Short Term Borrowing Act, but transfers made under this
10    paragraph (5) shall not exceed the principal amount of debt
11    issued in anticipation of the receipt by the State of
12    moneys to be deposited into the Fund.
13        (6) For making transfers to any other fund in the State
14    treasury, but transfers made under this paragraph (6) shall
15    not exceed the amount transferred previously from that
16    other fund into the Hospital Provider Fund plus any
17    interest that would have been earned by that fund on the
18    monies that had been transferred.
19        (6.5) For making transfers to the Healthcare Provider
20    Relief Fund, except that transfers made under this
21    paragraph (6.5) shall not exceed $60,000,000 in the
22    aggregate.
23        (7) For making transfers not exceeding the following
24    amounts, related to State fiscal years 2013 through 2018,
25    to the following designated funds:
26            Health and Human Services Medicaid Trust

 

 

SB2217- 689 -LRB100 13147 JWD 27539 b

1                Fund..............................$20,000,000
2            Long-Term Care Provider Fund..........$30,000,000
3            General Revenue Fund.................$80,000,000.
4    Transfers under this paragraph shall be made within 7 days
5    after the payments have been received pursuant to the
6    schedule of payments provided in subsection (a) of Section
7    5A-4.
8        (7.1) (Blank).
9        (7.5) (Blank).
10        (7.8) (Blank).
11        (7.9) (Blank).
12        (7.10) For State fiscal year 2014, for making transfers
13    of the moneys resulting from the assessment under
14    subsection (b-5) of Section 5A-2 and received from hospital
15    providers under Section 5A-4 and transferred into the
16    Hospital Provider Fund under Section 5A-6 to the designated
17    funds not exceeding the following amounts in that State
18    fiscal year:
19            Healthcare Provider Relief Fund......$100,000,000
20        Transfers under this paragraph shall be made within 7
21    days after the payments have been received pursuant to the
22    schedule of payments provided in subsection (a) of Section
23    5A-4.
24        The additional amount of transfers in this paragraph
25    (7.10), authorized by Public Act 98-651, shall be made
26    within 10 State business days after June 16, 2014 (the

 

 

SB2217- 690 -LRB100 13147 JWD 27539 b

1    effective date of Public Act 98-651). That authority shall
2    remain in effect even if Public Act 98-651 does not become
3    law until State fiscal year 2015.
4        (7.10a) For State fiscal years 2015 through 2018, for
5    making transfers of the moneys resulting from the
6    assessment under subsection (b-5) of Section 5A-2 and
7    received from hospital providers under Section 5A-4 and
8    transferred into the Hospital Provider Fund under Section
9    5A-6 to the designated funds not exceeding the following
10    amounts related to each State fiscal year:
11            Healthcare Provider Relief Fund......$50,000,000
12        Transfers under this paragraph shall be made within 7
13    days after the payments have been received pursuant to the
14    schedule of payments provided in subsection (a) of Section
15    5A-4.
16        (7.11) (Blank).
17        (7.12) For State fiscal year 2013, for increasing by
18    21/365ths the transfer of the moneys resulting from the
19    assessment under subsection (b-5) of Section 5A-2 and
20    received from hospital providers under Section 5A-4 for the
21    portion of State fiscal year 2012 beginning June 10, 2012
22    through June 30, 2012 and transferred into the Hospital
23    Provider Fund under Section 5A-6 to the designated funds
24    not exceeding the following amounts in that State fiscal
25    year:
26            Healthcare Provider Relief Fund.......$2,870,000

 

 

SB2217- 691 -LRB100 13147 JWD 27539 b

1        Since the federal Centers for Medicare and Medicaid
2    Services approval of the assessment authorized under
3    subsection (b-5) of Section 5A-2, received from hospital
4    providers under Section 5A-4 and the payment methodologies
5    to hospitals required under Section 5A-12.4 was not
6    received by the Department until State fiscal year 2014 and
7    since the Department made retroactive payments during
8    State fiscal year 2014 related to the referenced period of
9    June 2012, the transfer authority granted in this paragraph
10    (7.12) is extended through the date that is 10 State
11    business days after June 16, 2014 (the effective date of
12    Public Act 98-651).
13        (7.13) In addition to any other transfers authorized
14    under this Section, for State fiscal years 2017 and 2018,
15    for making transfers to the Healthcare Provider Relief Fund
16    of moneys collected from the ACA Assessment Adjustment
17    authorized under subsections (a) and (b-5) of Section 5A-2
18    and paid by hospital providers under Section 5A-4 into the
19    Hospital Provider Fund under Section 5A-6 for each State
20    fiscal year. Timing of transfers to the Healthcare Provider
21    Relief Fund under this paragraph shall be at the discretion
22    of the Department, but no less frequently than quarterly.
23        (7.14) In addition to any other transfers authorized
24    under this Section, for making transfers to the Healthcare
25    Provider Relief Fund of moneys collected from the
26    assessment increase provided for in this amendatory Act of

 

 

SB2217- 692 -LRB100 13147 JWD 27539 b

1    the 100th General Assembly. Timing of transfers to the
2    Healthcare Provider Relief Fund under this paragraph
3    (7.14) shall be at the discretion of the Department.
4        (8) For making refunds to hospital providers pursuant
5    to Section 5A-10.
6        (9) For making payment to capitated managed care
7    organizations as described in subsections (s) and (t) of
8    Section 5A-12.2 of this Code.
9    Disbursements from the Fund, other than transfers
10authorized under paragraphs (5) and (6) of this subsection,
11shall be by warrants drawn by the State Comptroller upon
12receipt of vouchers duly executed and certified by the Illinois
13Department.
14    (c) The Fund shall consist of the following:
15        (1) All moneys collected or received by the Illinois
16    Department from the hospital provider assessment imposed
17    by this Article.
18        (2) All federal matching funds received by the Illinois
19    Department as a result of expenditures made by the Illinois
20    Department that are attributable to moneys deposited in the
21    Fund.
22        (3) Any interest or penalty levied in conjunction with
23    the administration of this Article.
24        (3.5) As applicable, proceeds from surety bond
25    payments payable to the Department as referenced in
26    subsection (s) of Section 5A-12.2 of this Code.

 

 

SB2217- 693 -LRB100 13147 JWD 27539 b

1        (4) Moneys transferred from another fund in the State
2    treasury.
3        (5) All other moneys received for the Fund from any
4    other source, including interest earned thereon.
5    (d) (Blank).
6(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
798-651, eff. 6-16-14; 98-756, eff. 7-16-14; 99-78, eff.
87-20-15; 99-516, eff. 6-30-16; 99-933, eff. 1-27-17; revised
92-15-17.)
 
10
ARTICLE 75. JAMES R. THOMPSON CENTER

 
11    Section 75-5. The Illinois Procurement Code is amended by
12adding Section 1-35 as follows:
 
13    (30 ILCS 500/1-35 new)
14    Sec. 1-35. Application to James R. Thompson Center. In
15accordance with Section 7.4 of the State Property Control Act,
16this Code does not apply to any procurements related to the
17sale of the James R. Thompson Center, provided that the process
18shall be conducted in a manner substantially in accordance with
19the requirements of the following Sections of the Illinois
20Procurement Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13,
2150-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The
22exemption contained in this Section does not apply to any
23leases involving the James R. Thompson Center, including a

 

 

SB2217- 694 -LRB100 13147 JWD 27539 b

1leaseback authorized under Section 7.4 of the State Property
2Control Act.
 
3    Section 75-10. The State Property Control Act is amended by
4changing Section 7.4 and by adding Section 7.7 as follows:
 
5    (30 ILCS 605/7.4)
6    Sec. 7.4. James R. Thompson Center; Elgin Mental Health
7Center.
8    (a) Notwithstanding any other provision of this Act or any
9other law to the contrary, the administrator is authorized
10under this Section to dispose of or mortgage (i) the James R.
11Thompson Center located in Chicago, Illinois. and (ii) the
12Elgin Mental Health Center and surrounding land located at 750
13S. State Street, Elgin, Illinois in any of the following ways:
14(1) The administrator may sell the property as provided in
15subsection (b). (2) The administrator may sell the property as
16provided in subsection (b), and, either as a condition of the
17sale or the administrator may immediately thereafter, enter
18into a leaseback or other agreement that directly or indirectly
19gives the State a right to use, control, and possess the
20property. Notwithstanding any other provision of law, a lease
21entered into by the administrator under this subdivision (a)(2)
22may last for any period not exceeding 99 years. (3) The
23administrator may enter into a mortgage agreement, using the
24property as collateral, to receive a loan or a line of credit

 

 

SB2217- 695 -LRB100 13147 JWD 27539 b

1based on the equity available in the property. Any loan
2obtained or line of credit established under this subdivision
3(a)(3) must require repayment in full in 20 years or less.
4    (b) The administrator shall dispose of the property using a
5competitive sealed proposal process that includes, at a
6minimum, the following:
7        (1) Engagement Prior to Request for Proposal. The
8    administrator may, prior to soliciting requests for
9    proposals, enter into discussions with interested
10    purchasers in order to assess existing market conditions,
11    demands, and likely development scenarios provided that no
12    such interested purchasers shall have any role in drafting
13    any request for proposals nor shall any request for
14    proposals be provided to any interested purchaser prior to
15    its general public distribution. The administrator may
16    issue a request for qualifications that requests
17    interested purchasers to provide such information as the
18    administrator reasonably deems necessary in order to
19    evaluate the qualifications of such interested purchasers
20    including the ability of interested purchasers to acquire
21    and develop the property, all as reasonably determined by
22    the administrator.
23        (2) Request for proposals. Proposals to acquire and
24    develop the property shall be solicited through a request
25    for proposals. Such request for proposals shall include
26    such requirements and factors as the administrator shall

 

 

SB2217- 696 -LRB100 13147 JWD 27539 b

1    determine are necessary or advisable with respect to the
2    disposition of the James R. Thompson Center, including
3    soliciting proposals designating a portion of the property
4    after the development or redevelopment thereof in honor of
5    Governor James R. Thompson.
6        (3) Public notice. Public notice of any request for
7    qualification or request for proposals shall be published
8    in the Illinois Procurement Bulletin at least 14 calendar
9    days before the date by which such requests are due. The
10    administrator may advertise the request in any other manner
11    or publication which it reasonably determines may increase
12    the scope and nature of responses to the request. In the
13    event the administrator shall have already identified
14    qualified purchasers pursuant to a request for
15    qualification process as set forth above, notice of the
16    request for proposals may be delivered only to such
17    qualified purchasers.
18        (4) Opening of proposals. Proposals shall be opened
19    publicly on the date, time and location designated in the
20    Illinois Procurement Bulletin, but proposals shall be
21    opened in a manner to avoid disclosure of contents to
22    competing purchasers during the process of negotiation. A
23    record of proposals shall be prepared and shall be open for
24    public inspection after contract award, but prior to
25    contract execution.
26        (5) Evaluation factors. Proposals shall be submitted

 

 

SB2217- 697 -LRB100 13147 JWD 27539 b

1    in 2 parts: (i) items except price, and (ii) covering
2    price. The first part of all proposals shall be evaluated
3    and ranked independently of the second part of all
4    proposals.
5        (6) Discussion with interested purchasers and
6    revisions of offers or proposals. After the opening of the
7    proposals, and under such guidelines as the administrator
8    may elect to establish in the request for proposals, the
9    administrator and his or her designees may engage in
10    discussions with interested purchasers who submitted
11    offers or proposals that the administrator determines are
12    reasonably susceptible of being selected for award for the
13    purpose of clarifying and assuring full understanding of
14    and responsiveness to the solicitation requirements. Those
15    purchasers shall be accorded fair and equal treatment with
16    respect to any opportunity for discussion and revision of
17    proposals. Revisions may be permitted after submission and
18    before award for the purpose of obtaining best and final
19    offers. In conducting discussions there shall be no
20    disclosure of any information derived from proposals
21    submitted by competing purchasers. If information is
22    disclosed to any purchaser, it shall be provided to all
23    competing purchasers.
24        (7) Award. Awards shall be made to the interested
25    purchaser whose proposal is determined in writing to be the
26    most advantageous to the State, taking into consideration

 

 

SB2217- 698 -LRB100 13147 JWD 27539 b

1    price and the evaluation factors set forth in the request
2    for proposals. The contract file shall contain the basis on
3    which the award is made. The administrator shall obtain 3
4    appraisals of the real property transferred under
5    subdivision (a)(1) or (a)(2) of this Section, one of which
6    shall be performed by an appraiser residing in the county
7    in which the real property is located. The average of these
8    3 appraisals, plus the costs of obtaining the appraisals,
9    shall represent the fair market value of the real property.
10    No property may be conveyed under subdivision (a)(1) or
11    (a)(2) of this Section by the administrator for less than
12    the fair market value. The administrator may sell the real
13    property by public auction following notice of the sale by
14    publication on 3 separate days not less than 15 nor more
15    than 30 days prior to the sale in a daily newspaper having
16    general circulation in the county in which the real
17    property is located. If no acceptable offers for the real
18    property are received, the administrator may have new
19    appraisals of the property made. The administrator shall
20    have all power necessary to convey real property under
21    subdivision (a)(1) or (a)(2) of this Section.
22    (b-5) Any contract to dispose of the property is subject to
23the following conditions:
24        (1) a commitment from the purchaser to make any
25    applicable payments to the City of Chicago with respect to
26    additional zoning density, as agreed to between the

 

 

SB2217- 699 -LRB100 13147 JWD 27539 b

1    administrator and the City of Chicago in a memorandum of
2    understanding or other agreement;
3        (2) a commitment from the purchaser to enter into an
4    agreement with the City of Chicago and the Chicago Transit
5    Authority regarding the existing operation of the Chicago
6    Transit Authority facility currently located on the
7    property, substantially similar to the existing agreement
8    between the City of Chicago, the Chicago Transit Authority,
9    and the State of Illinois, and such agreement must be
10    executed prior to assuming title to the property; and
11        (3) a commitment from the purchaser to designate a
12    portion of the property after the development or
13    redevelopment thereof in honor of Governor James R.
14    Thompson.
15    (b-10) The administrator shall have authority to order such
16surveys, abstracts of title, or commitments for title
17insurance, environmental reports, property condition reports,
18or any other materials as the administrator may, in his or her
19reasonable discretion, be deemed necessary to demonstrate to
20prospective purchasers or , bidders, or mortgagees good and
21marketable title in and the existing conditions or
22characteristics of the any property offered for sale or
23mortgage under this Section. All Unless otherwise specifically
24authorized by the General Assembly, all conveyances of property
25made by the administrator under subdivision (a)(1) or (a)(2) of
26this Section shall be by quit claim deed.

 

 

SB2217- 700 -LRB100 13147 JWD 27539 b

1    (c) All moneys received from the sale or mortgage of real
2property under this Section shall be deposited into the General
3Revenue Fund, provided that any obligations of the State to the
4purchaser acquiring the property, a contractor involved in the
5sale of the property, or a unit of local government may be
6remitted from the proceeds during the closing process and need
7not be deposited in the State treasury prior to closing.
8    (d) The administrator is authorized to enter into any
9agreements and execute any documents necessary to exercise the
10authority granted by this Section.
11    (e) Any agreement to dispose of or mortgage (i) the James
12R. Thompson Center located in Chicago, Illinois or (ii) the
13Elgin Mental Health Center and surrounding land located at 750
14S. State Street, Elgin, Illinois pursuant to the authority
15granted by this Section must be entered into no later than 2
16years one year after the effective date of this amendatory Act
17of the 100th 93rd General Assembly.
18    (f) The provisions of this Section are subject to the
19Freedom of Information Act, and nothing shall be construed to
20waive the ability of a public body to assert any applicable
21exemptions.
22(Source: P.A. 93-19, eff. 6-20-03.)
 
23    (30 ILCS 605/7.7 new)
24    Sec. 7.7. Michael A. Bilandic Building.
25    (a) On or prior to the disposition of the James R. Thompson

 

 

SB2217- 701 -LRB100 13147 JWD 27539 b

1Center, the existing executive offices of the Governor,
2Lieutenant Governor, Secretary of State, Comptroller, and
3Treasurer shall be relocated in the Michael A. Bilandic
4Building located at 160 North LaSalle Street, Chicago,
5Illinois. An officer shall occupy the designated space on the
6same terms and conditions applicable on the effective date of
7this amendatory Act of the 100th General Assembly. An executive
8officer may choose to locate in alternative offices within the
9City of Chicago.
10    (b) The 4 caucuses of the General Assembly shall be given
11space within the Michael A. Bilandic Building. Any caucus
12located in the building on or prior to the effective date of
13this amendatory Act of the 100th General Assembly shall
14continue to occupy its designated space on the same terms and
15conditions applicable on the effective date of this amendatory
16Act of the 100th General Assembly.
 
17
ARTICLE 99. MISCELLANEOUS PROVISIONS

 
18    Section 99-90. The State Mandates Act is amended by adding
19Section 8.41 as follows:
 
20    (30 ILCS 805/8.41 new)
21    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
22of this Act, no reimbursement by the State is required for the
23implementation of any mandate created by this amendatory Act of

 

 

SB2217- 702 -LRB100 13147 JWD 27539 b

1the 100th General Assembly.
 
2    Section 99-99. Effective date. This Act takes effect upon
3becoming law.

 

 

SB2217- 703 -LRB100 13147 JWD 27539 b

1 INDEX
2 Statutes amended in order of appearance
3    15 ILCS 20/50-40 new
4    20 ILCS 687/6-5
5    20 ILCS 1805/22-3from Ch. 129, par. 220.22-3
6    20 ILCS 1805/22-6 rep.
7    25 ILCS 80/5from Ch. 63, par. 42.93-5
8    25 ILCS 115/1from Ch. 63, par. 14
9    25 ILCS 120/6.5 new
10    30 ILCS 105/5.857
11    30 ILCS 105/6tfrom Ch. 127, par. 142t
12    30 ILCS 105/6z-30
13    30 ILCS 105/6z-32
14    30 ILCS 105/6z-45
15    30 ILCS 105/6z-51
16    30 ILCS 105/6z-52
17    30 ILCS 105/6z-100
18    30 ILCS 105/8.3from Ch. 127, par. 144.3
19    30 ILCS 105/8.11from Ch. 127, par. 144.11
20    30 ILCS 105/8.25efrom Ch. 127, par. 144.25e
21    30 ILCS 105/8.52 new
22    30 ILCS 105/8g
23    30 ILCS 105/8g-1
24    30 ILCS 105/13.2from Ch. 127, par. 149.2
25    30 ILCS 105/25from Ch. 127, par. 161

 

 

SB2217- 704 -LRB100 13147 JWD 27539 b

1    30 ILCS 105/50 new
2    30 ILCS 105/51 new
3    30 ILCS 115/11from Ch. 85, par. 615
4    30 ILCS 115/12from Ch. 85, par. 616
5    30 ILCS 330/2.5
6    30 ILCS 330/9from Ch. 127, par. 659
7    30 ILCS 330/11from Ch. 127, par. 661
8    30 ILCS 330/15from Ch. 127, par. 665
9    30 ILCS 330/16from Ch. 127, par. 666
10    30 ILCS 420/9afrom Ch. 127, par. 759a
11    30 ILCS 425/6from Ch. 127, par. 2806
12    30 ILCS 425/8from Ch. 127, par. 2808
13    30 ILCS 425/15from Ch. 127, par. 2815
14    30 ILCS 540/3-5 new
15    30 ILCS 730/3from Ch. 96 1/2, par. 8203
16    30 ILCS 740/2-2.04from Ch. 111 2/3, par. 662.04
17    30 ILCS 740/2-3from Ch. 111 2/3, par. 663
18    30 ILCS 740/2-5.1
19    30 ILCS 740/2-7from Ch. 111 2/3, par. 667
20    30 ILCS 740/2-15from Ch. 111 2/3, par. 675.1
21    35 ILCS 5/901from Ch. 120, par. 9-901
22    105 ILCS 5/18-8.05
23    110 ILCS 805/5-11from Ch. 122, par. 105-11
24    410 ILCS 43/5
25    410 ILCS 43/10
26    410 ILCS 43/15

 

 

SB2217- 705 -LRB100 13147 JWD 27539 b

1    410 ILCS 43/20
2    410 ILCS 43/25
3    410 ILCS 43/30
4    30 ILCS 105/8.12from Ch. 127, par. 144.12
5    30 ILCS 105/14.1from Ch. 127, par. 150.1
6    40 ILCS 5/14-131
7    40 ILCS 15/1.2
8    765 ILCS 1025/18from Ch. 141, par. 118
9    20 ILCS 605/605-705was 20 ILCS 605/46.6a
10    20 ILCS 605/605-707was 20 ILCS 605/46.6d
11    20 ILCS 605/605-710
12    20 ILCS 665/4afrom Ch. 127, par. 200-24a
13    20 ILCS 665/5from Ch. 127, par. 200-25
14    20 ILCS 665/8from Ch. 127, par. 200-28
15    30 ILCS 105/5.162 rep.
16    30 ILCS 105/5.523 rep.
17    30 ILCS 105/5.810 rep.
18    35 ILCS 145/6from Ch. 120, par. 481b.36
19    70 ILCS 210/5from Ch. 85, par. 1225
20    20 ILCS 405/405-20was 20 ILCS 405/35.7
21    20 ILCS 405/405-250was 20 ILCS 405/35.7a
22    20 ILCS 405/405-410
23    30 ILCS 105/5.12from Ch. 127, par. 141.12
24    30 ILCS 105/5.55from Ch. 127, par. 141.55
25    30 ILCS 105/6p-1from Ch. 127, par. 142p1
26    30 ILCS 105/6p-2from Ch. 127, par. 142p2

 

 

SB2217- 706 -LRB100 13147 JWD 27539 b

1    30 ILCS 105/6z-34
2    30 ILCS 105/8.16afrom Ch. 127, par. 144.16a
3    40 ILCS 5/1A-112
4    215 ILCS 5/408from Ch. 73, par. 1020
5    215 ILCS 5/408.2from Ch. 73, par. 1020.2
6    215 ILCS 5/1202from Ch. 73, par. 1065.902
7    215 ILCS 5/1206from Ch. 73, par. 1065.906
8    820 ILCS 305/17from Ch. 48, par. 138.17
9    820 ILCS 310/17from Ch. 48, par. 172.52
10    5 ILCS 80/4.28
11    5 ILCS 80/4.38 new
12    305 ILCS 5/5-5from Ch. 23, par. 5-5
13    5 ILCS 375/6.6
14    5 ILCS 375/6.10
15    40 ILCS 5/17-127from Ch. 108 1/2, par. 17-127
16    40 ILCS 15/1.3
17    40 ILCS 15/1.4
18    220 ILCS 5/8-103
19    220 ILCS 5/8-104
20    30 ILCS 115/1from Ch. 85, par. 611
21    20 ILCS 2505/2505-190was 20 ILCS 2505/39c-4
22    30 ILCS 105/6z-20from Ch. 127, par. 142z-20
23    55 ILCS 5/5-1006from Ch. 34, par. 5-1006
24    55 ILCS 5/5-1006.5
25    55 ILCS 5/5-1007from Ch. 34, par. 5-1007
26    65 ILCS 5/8-11-1from Ch. 24, par. 8-11-1

 

 

SB2217- 707 -LRB100 13147 JWD 27539 b

1    65 ILCS 5/8-11-1.3from Ch. 24, par. 8-11-1.3
2    65 ILCS 5/8-11-1.4from Ch. 24, par. 8-11-1.4
3    65 ILCS 5/8-11-1.6
4    65 ILCS 5/8-11-1.7
5    65 ILCS 5/8-11-5from Ch. 24, par. 8-11-5
6    70 ILCS 210/13from Ch. 85, par. 1233
7    70 ILCS 1605/30
8    70 ILCS 3610/5.01from Ch. 111 2/3, par. 355.01
9    70 ILCS 3615/4.03from Ch. 111 2/3, par. 704.03
10    70 ILCS 3615/4.09from Ch. 111 2/3, par. 704.09
11    70 ILCS 3720/4from Ch. 111 2/3, par. 254
12    35 ILCS 5/201.6 new
13    40 ILCS 5/2-124from Ch. 108 1/2, par. 2-124
14    40 ILCS 5/14-131
15    40 ILCS 5/15-155from Ch. 108 1/2, par. 15-155
16    40 ILCS 5/16-158from Ch. 108 1/2, par. 16-158
17    40 ILCS 5/18-131from Ch. 108 1/2, par. 18-131
18    5 ILCS 375/5from Ch. 127, par. 525
19    5 ILCS 375/11from Ch. 127, par. 531
20    5 ILCS 375/13.3 new
21    5 ILCS 100/5-45from Ch. 127, par. 1005-45
22    30 ILCS 500/1-10
23    305 ILCS 5/5-5.2from Ch. 23, par. 5-5.2
24    305 ILCS 5/5-5e
25    305 ILCS 5/5A-2from Ch. 23, par. 5A-2
26    305 ILCS 5/5A-8from Ch. 23, par. 5A-8

 

 

SB2217- 708 -LRB100 13147 JWD 27539 b

1    30 ILCS 500/1-35 new
2    30 ILCS 605/7.4
3    30 ILCS 605/7.7 new
4    30 ILCS 805/8.41 new