SB1814 EnrolledLRB101 09785 HLH 54886 b

1    AN ACT concerning finance.
 
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
6FY2020 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
9State budget for Fiscal Year 2020.
 
10
ARTICLE 5. AMENDATORY PROVISIONS

 
11    Section 5-5. The Illinois Act on the Aging is amended by
12changing Section 4.02 as follows:
 
13    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
14    Sec. 4.02. Community Care Program. The Department shall
15establish a program of services to prevent unnecessary
16institutionalization of persons age 60 and older in need of
17long term care or who are established as persons who suffer
18from Alzheimer's disease or a related disorder under the
19Alzheimer's Disease Assistance Act, thereby enabling them to

 

 

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1remain in their own homes or in other living arrangements. Such
2preventive services, which may be coordinated with other
3programs for the aged and monitored by area agencies on aging
4in cooperation with the Department, may include, but are not
5limited to, any or all of the following:
6        (a) (blank);
7        (b) (blank);
8        (c) home care aide services;
9        (d) personal assistant services;
10        (e) adult day services;
11        (f) home-delivered meals;
12        (g) education in self-care;
13        (h) personal care services;
14        (i) adult day health services;
15        (j) habilitation services;
16        (k) respite care;
17        (k-5) community reintegration services;
18        (k-6) flexible senior services;
19        (k-7) medication management;
20        (k-8) emergency home response;
21        (l) other nonmedical social services that may enable
22    the person to become self-supporting; or
23        (m) clearinghouse for information provided by senior
24    citizen home owners who want to rent rooms to or share
25    living space with other senior citizens.
26    The Department shall establish eligibility standards for

 

 

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1such services. In determining the amount and nature of services
2for which a person may qualify, consideration shall not be
3given to the value of cash, property or other assets held in
4the name of the person's spouse pursuant to a written agreement
5dividing marital property into equal but separate shares or
6pursuant to a transfer of the person's interest in a home to
7his spouse, provided that the spouse's share of the marital
8property is not made available to the person seeking such
9services.
10    Beginning January 1, 2008, the Department shall require as
11a condition of eligibility that all new financially eligible
12applicants apply for and enroll in medical assistance under
13Article V of the Illinois Public Aid Code in accordance with
14rules promulgated by the Department.
15    The Department shall, in conjunction with the Department of
16Public Aid (now Department of Healthcare and Family Services),
17seek appropriate amendments under Sections 1915 and 1924 of the
18Social Security Act. The purpose of the amendments shall be to
19extend eligibility for home and community based services under
20Sections 1915 and 1924 of the Social Security Act to persons
21who transfer to or for the benefit of a spouse those amounts of
22income and resources allowed under Section 1924 of the Social
23Security Act. Subject to the approval of such amendments, the
24Department shall extend the provisions of Section 5-4 of the
25Illinois Public Aid Code to persons who, but for the provision
26of home or community-based services, would require the level of

 

 

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1care provided in an institution, as is provided for in federal
2law. Those persons no longer found to be eligible for receiving
3noninstitutional services due to changes in the eligibility
4criteria shall be given 45 days notice prior to actual
5termination. Those persons receiving notice of termination may
6contact the Department and request the determination be
7appealed at any time during the 45 day notice period. The
8target population identified for the purposes of this Section
9are persons age 60 and older with an identified service need.
10Priority shall be given to those who are at imminent risk of
11institutionalization. The services shall be provided to
12eligible persons age 60 and older to the extent that the cost
13of the services together with the other personal maintenance
14expenses of the persons are reasonably related to the standards
15established for care in a group facility appropriate to the
16person's condition. These non-institutional services, pilot
17projects or experimental facilities may be provided as part of
18or in addition to those authorized by federal law or those
19funded and administered by the Department of Human Services.
20The Departments of Human Services, Healthcare and Family
21Services, Public Health, Veterans' Affairs, and Commerce and
22Economic Opportunity and other appropriate agencies of State,
23federal and local governments shall cooperate with the
24Department on Aging in the establishment and development of the
25non-institutional services. The Department shall require an
26annual audit from all personal assistant and home care aide

 

 

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1vendors contracting with the Department under this Section. The
2annual audit shall assure that each audited vendor's procedures
3are in compliance with Department's financial reporting
4guidelines requiring an administrative and employee wage and
5benefits cost split as defined in administrative rules. The
6audit is a public record under the Freedom of Information Act.
7The Department shall execute, relative to the nursing home
8prescreening project, written inter-agency agreements with the
9Department of Human Services and the Department of Healthcare
10and Family Services, to effect the following: (1) intake
11procedures and common eligibility criteria for those persons
12who are receiving non-institutional services; and (2) the
13establishment and development of non-institutional services in
14areas of the State where they are not currently available or
15are undeveloped. On and after July 1, 1996, all nursing home
16prescreenings for individuals 60 years of age or older shall be
17conducted by the Department.
18    As part of the Department on Aging's routine training of
19case managers and case manager supervisors, the Department may
20include information on family futures planning for persons who
21are age 60 or older and who are caregivers of their adult
22children with developmental disabilities. The content of the
23training shall be at the Department's discretion.
24    The Department is authorized to establish a system of
25recipient copayment for services provided under this Section,
26such copayment to be based upon the recipient's ability to pay

 

 

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1but in no case to exceed the actual cost of the services
2provided. Additionally, any portion of a person's income which
3is equal to or less than the federal poverty standard shall not
4be considered by the Department in determining the copayment.
5The level of such copayment shall be adjusted whenever
6necessary to reflect any change in the officially designated
7federal poverty standard.
8    The Department, or the Department's authorized
9representative, may recover the amount of moneys expended for
10services provided to or in behalf of a person under this
11Section by a claim against the person's estate or against the
12estate of the person's surviving spouse, but no recovery may be
13had until after the death of the surviving spouse, if any, and
14then only at such time when there is no surviving child who is
15under age 21 or blind or who has a permanent and total
16disability. This paragraph, however, shall not bar recovery, at
17the death of the person, of moneys for services provided to the
18person or in behalf of the person under this Section to which
19the person was not entitled; provided that such recovery shall
20not be enforced against any real estate while it is occupied as
21a homestead by the surviving spouse or other dependent, if no
22claims by other creditors have been filed against the estate,
23or, if such claims have been filed, they remain dormant for
24failure of prosecution or failure of the claimant to compel
25administration of the estate for the purpose of payment. This
26paragraph shall not bar recovery from the estate of a spouse,

 

 

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1under Sections 1915 and 1924 of the Social Security Act and
2Section 5-4 of the Illinois Public Aid Code, who precedes a
3person receiving services under this Section in death. All
4moneys for services paid to or in behalf of the person under
5this Section shall be claimed for recovery from the deceased
6spouse's estate. "Homestead", as used in this paragraph, means
7the dwelling house and contiguous real estate occupied by a
8surviving spouse or relative, as defined by the rules and
9regulations of the Department of Healthcare and Family
10Services, regardless of the value of the property.
11    The Department shall increase the effectiveness of the
12existing Community Care Program by:
13        (1) ensuring that in-home services included in the care
14    plan are available on evenings and weekends;
15        (2) ensuring that care plans contain the services that
16    eligible participants need based on the number of days in a
17    month, not limited to specific blocks of time, as
18    identified by the comprehensive assessment tool selected
19    by the Department for use statewide, not to exceed the
20    total monthly service cost maximum allowed for each
21    service; the Department shall develop administrative rules
22    to implement this item (2);
23        (3) ensuring that the participants have the right to
24    choose the services contained in their care plan and to
25    direct how those services are provided, based on
26    administrative rules established by the Department;

 

 

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1        (4) ensuring that the determination of need tool is
2    accurate in determining the participants' level of need; to
3    achieve this, the Department, in conjunction with the Older
4    Adult Services Advisory Committee, shall institute a study
5    of the relationship between the Determination of Need
6    scores, level of need, service cost maximums, and the
7    development and utilization of service plans no later than
8    May 1, 2008; findings and recommendations shall be
9    presented to the Governor and the General Assembly no later
10    than January 1, 2009; recommendations shall include all
11    needed changes to the service cost maximums schedule and
12    additional covered services;
13        (5) ensuring that homemakers can provide personal care
14    services that may or may not involve contact with clients,
15    including but not limited to:
16            (A) bathing;
17            (B) grooming;
18            (C) toileting;
19            (D) nail care;
20            (E) transferring;
21            (F) respiratory services;
22            (G) exercise; or
23            (H) positioning;
24        (6) ensuring that homemaker program vendors are not
25    restricted from hiring homemakers who are family members of
26    clients or recommended by clients; the Department may not,

 

 

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1    by rule or policy, require homemakers who are family
2    members of clients or recommended by clients to accept
3    assignments in homes other than the client;
4        (7) ensuring that the State may access maximum federal
5    matching funds by seeking approval for the Centers for
6    Medicare and Medicaid Services for modifications to the
7    State's home and community based services waiver and
8    additional waiver opportunities, including applying for
9    enrollment in the Balance Incentive Payment Program by May
10    1, 2013, in order to maximize federal matching funds; this
11    shall include, but not be limited to, modification that
12    reflects all changes in the Community Care Program services
13    and all increases in the services cost maximum;
14        (8) ensuring that the determination of need tool
15    accurately reflects the service needs of individuals with
16    Alzheimer's disease and related dementia disorders;
17        (9) ensuring that services are authorized accurately
18    and consistently for the Community Care Program (CCP); the
19    Department shall implement a Service Authorization policy
20    directive; the purpose shall be to ensure that eligibility
21    and services are authorized accurately and consistently in
22    the CCP program; the policy directive shall clarify service
23    authorization guidelines to Care Coordination Units and
24    Community Care Program providers no later than May 1, 2013;
25        (10) working in conjunction with Care Coordination
26    Units, the Department of Healthcare and Family Services,

 

 

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1    the Department of Human Services, Community Care Program
2    providers, and other stakeholders to make improvements to
3    the Medicaid claiming processes and the Medicaid
4    enrollment procedures or requirements as needed,
5    including, but not limited to, specific policy changes or
6    rules to improve the up-front enrollment of participants in
7    the Medicaid program and specific policy changes or rules
8    to insure more prompt submission of bills to the federal
9    government to secure maximum federal matching dollars as
10    promptly as possible; the Department on Aging shall have at
11    least 3 meetings with stakeholders by January 1, 2014 in
12    order to address these improvements;
13        (11) requiring home care service providers to comply
14    with the rounding of hours worked provisions under the
15    federal Fair Labor Standards Act (FLSA) and as set forth in
16    29 CFR 785.48(b) by May 1, 2013;
17        (12) implementing any necessary policy changes or
18    promulgating any rules, no later than January 1, 2014, to
19    assist the Department of Healthcare and Family Services in
20    moving as many participants as possible, consistent with
21    federal regulations, into coordinated care plans if a care
22    coordination plan that covers long term care is available
23    in the recipient's area; and
24        (13) maintaining fiscal year 2014 rates at the same
25    level established on January 1, 2013.
26    By January 1, 2009 or as soon after the end of the Cash and

 

 

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1Counseling Demonstration Project as is practicable, the
2Department may, based on its evaluation of the demonstration
3project, promulgate rules concerning personal assistant
4services, to include, but need not be limited to,
5qualifications, employment screening, rights under fair labor
6standards, training, fiduciary agent, and supervision
7requirements. All applicants shall be subject to the provisions
8of the Health Care Worker Background Check Act.
9    The Department shall develop procedures to enhance
10availability of services on evenings, weekends, and on an
11emergency basis to meet the respite needs of caregivers.
12Procedures shall be developed to permit the utilization of
13services in successive blocks of 24 hours up to the monthly
14maximum established by the Department. Workers providing these
15services shall be appropriately trained.
16    Beginning on the effective date of this amendatory Act of
171991, no person may perform chore/housekeeping and home care
18aide services under a program authorized by this Section unless
19that person has been issued a certificate of pre-service to do
20so by his or her employing agency. Information gathered to
21effect such certification shall include (i) the person's name,
22(ii) the date the person was hired by his or her current
23employer, and (iii) the training, including dates and levels.
24Persons engaged in the program authorized by this Section
25before the effective date of this amendatory Act of 1991 shall
26be issued a certificate of all pre- and in-service training

 

 

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1from his or her employer upon submitting the necessary
2information. The employing agency shall be required to retain
3records of all staff pre- and in-service training, and shall
4provide such records to the Department upon request and upon
5termination of the employer's contract with the Department. In
6addition, the employing agency is responsible for the issuance
7of certifications of in-service training completed to their
8employees.
9    The Department is required to develop a system to ensure
10that persons working as home care aides and personal assistants
11receive increases in their wages when the federal minimum wage
12is increased by requiring vendors to certify that they are
13meeting the federal minimum wage statute for home care aides
14and personal assistants. An employer that cannot ensure that
15the minimum wage increase is being given to home care aides and
16personal assistants shall be denied any increase in
17reimbursement costs.
18    The Community Care Program Advisory Committee is created in
19the Department on Aging. The Director shall appoint individuals
20to serve in the Committee, who shall serve at their own
21expense. Members of the Committee must abide by all applicable
22ethics laws. The Committee shall advise the Department on
23issues related to the Department's program of services to
24prevent unnecessary institutionalization. The Committee shall
25meet on a bi-monthly basis and shall serve to identify and
26advise the Department on present and potential issues affecting

 

 

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1the service delivery network, the program's clients, and the
2Department and to recommend solution strategies. Persons
3appointed to the Committee shall be appointed on, but not
4limited to, their own and their agency's experience with the
5program, geographic representation, and willingness to serve.
6The Director shall appoint members to the Committee to
7represent provider, advocacy, policy research, and other
8constituencies committed to the delivery of high quality home
9and community-based services to older adults. Representatives
10shall be appointed to ensure representation from community care
11providers including, but not limited to, adult day service
12providers, homemaker providers, case coordination and case
13management units, emergency home response providers, statewide
14trade or labor unions that represent home care aides and direct
15care staff, area agencies on aging, adults over age 60,
16membership organizations representing older adults, and other
17organizational entities, providers of care, or individuals
18with demonstrated interest and expertise in the field of home
19and community care as determined by the Director.
20    Nominations may be presented from any agency or State
21association with interest in the program. The Director, or his
22or her designee, shall serve as the permanent co-chair of the
23advisory committee. One other co-chair shall be nominated and
24approved by the members of the committee on an annual basis.
25Committee members' terms of appointment shall be for 4 years
26with one-quarter of the appointees' terms expiring each year. A

 

 

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1member shall continue to serve until his or her replacement is
2named. The Department shall fill vacancies that have a
3remaining term of over one year, and this replacement shall
4occur through the annual replacement of expiring terms. The
5Director shall designate Department staff to provide technical
6assistance and staff support to the committee. Department
7representation shall not constitute membership of the
8committee. All Committee papers, issues, recommendations,
9reports, and meeting memoranda are advisory only. The Director,
10or his or her designee, shall make a written report, as
11requested by the Committee, regarding issues before the
12Committee.
13    The Department on Aging and the Department of Human
14Services shall cooperate in the development and submission of
15an annual report on programs and services provided under this
16Section. Such joint report shall be filed with the Governor and
17the General Assembly on or before September 30 each year.
18    The requirement for reporting to the General Assembly shall
19be satisfied by filing copies of the report as required by
20Section 3.1 of the General Assembly Organization Act and filing
21such additional copies with the State Government Report
22Distribution Center for the General Assembly as is required
23under paragraph (t) of Section 7 of the State Library Act.
24    Those persons previously found eligible for receiving
25non-institutional services whose services were discontinued
26under the Emergency Budget Act of Fiscal Year 1992, and who do

 

 

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1not meet the eligibility standards in effect on or after July
21, 1992, shall remain ineligible on and after July 1, 1992.
3Those persons previously not required to cost-share and who
4were required to cost-share effective March 1, 1992, shall
5continue to meet cost-share requirements on and after July 1,
61992. Beginning July 1, 1992, all clients will be required to
7meet eligibility, cost-share, and other requirements and will
8have services discontinued or altered when they fail to meet
9these requirements.
10    For the purposes of this Section, "flexible senior
11services" refers to services that require one-time or periodic
12expenditures including, but not limited to, respite care, home
13modification, assistive technology, housing assistance, and
14transportation.
15    The Department shall implement an electronic service
16verification based on global positioning systems or other
17cost-effective technology for the Community Care Program no
18later than January 1, 2014.
19    The Department shall require, as a condition of
20eligibility, enrollment in the medical assistance program
21under Article V of the Illinois Public Aid Code (i) beginning
22August 1, 2013, if the Auditor General has reported that the
23Department has failed to comply with the reporting requirements
24of Section 2-27 of the Illinois State Auditing Act; or (ii)
25beginning June 1, 2014, if the Auditor General has reported
26that the Department has not undertaken the required actions

 

 

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1listed in the report required by subsection (a) of Section 2-27
2of the Illinois State Auditing Act.
3    The Department shall delay Community Care Program services
4until an applicant is determined eligible for medical
5assistance under Article V of the Illinois Public Aid Code (i)
6beginning August 1, 2013, if the Auditor General has reported
7that the Department has failed to comply with the reporting
8requirements of Section 2-27 of the Illinois State Auditing
9Act; or (ii) beginning June 1, 2014, if the Auditor General has
10reported that the Department has not undertaken the required
11actions listed in the report required by subsection (a) of
12Section 2-27 of the Illinois State Auditing Act.
13    The Department shall implement co-payments for the
14Community Care Program at the federally allowable maximum level
15(i) beginning August 1, 2013, if the Auditor General has
16reported that the Department has failed to comply with the
17reporting requirements of Section 2-27 of the Illinois State
18Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
19General has reported that the Department has not undertaken the
20required actions listed in the report required by subsection
21(a) of Section 2-27 of the Illinois State Auditing Act.
22    The Department shall provide a bi-monthly report on the
23progress of the Community Care Program reforms set forth in
24this amendatory Act of the 98th General Assembly to the
25Governor, the Speaker of the House of Representatives, the
26Minority Leader of the House of Representatives, the President

 

 

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1of the Senate, and the Minority Leader of the Senate.
2    The Department shall conduct a quarterly review of Care
3Coordination Unit performance and adherence to service
4guidelines. The quarterly review shall be reported to the
5Speaker of the House of Representatives, the Minority Leader of
6the House of Representatives, the President of the Senate, and
7the Minority Leader of the Senate. The Department shall collect
8and report longitudinal data on the performance of each care
9coordination unit. Nothing in this paragraph shall be construed
10to require the Department to identify specific care
11coordination units.
12    In regard to community care providers, failure to comply
13with Department on Aging policies shall be cause for
14disciplinary action, including, but not limited to,
15disqualification from serving Community Care Program clients.
16Each provider, upon submission of any bill or invoice to the
17Department for payment for services rendered, shall include a
18notarized statement, under penalty of perjury pursuant to
19Section 1-109 of the Code of Civil Procedure, that the provider
20has complied with all Department policies.
21    The Director of the Department on Aging shall make
22information available to the State Board of Elections as may be
23required by an agreement the State Board of Elections has
24entered into with a multi-state voter registration list
25maintenance system.
26    Within 30 days after July 6, 2017 (the effective date of

 

 

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1Public Act 100-23), rates shall be increased to $18.29 per
2hour, for the purpose of increasing, by at least $.72 per hour,
3the wages paid by those vendors to their employees who provide
4homemaker services. The Department shall pay an enhanced rate
5under the Community Care Program to those in-home service
6provider agencies that offer health insurance coverage as a
7benefit to their direct service worker employees consistent
8with the mandates of Public Act 95-713. For State fiscal years
92018 and 2019, the enhanced rate shall be $1.77 per hour. The
10rate shall be adjusted using actuarial analysis based on the
11cost of care, but shall not be set below $1.77 per hour. The
12Department shall adopt rules, including emergency rules under
13subsections (y) and (bb) of Section 5-45 of the Illinois
14Administrative Procedure Act, to implement the provisions of
15this paragraph.
16    The General Assembly finds it necessary to authorize an
17aggressive Medicaid enrollment initiative designed to maximize
18federal Medicaid funding for the Community Care Program which
19produces significant savings for the State of Illinois. The
20Department on Aging shall establish and implement a Community
21Care Program Medicaid Initiative. Under the Initiative, the
22Department on Aging shall, at a minimum: (i) provide an
23enhanced rate to adequately compensate care coordination units
24to enroll eligible Community Care Program clients into
25Medicaid; (ii) use recommendations from a stakeholder
26committee on how best to implement the Initiative; and (iii)

 

 

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1establish requirements for State agencies to make enrollment in
2the State's Medical Assistance program easier for seniors.
3    The Community Care Program Medicaid Enrollment Oversight
4Subcommittee is created as a subcommittee of the Older Adult
5Services Advisory Committee established in Section 35 of the
6Older Adult Services Act to make recommendations on how best to
7increase the number of medical assistance recipients who are
8enrolled in the Community Care Program. The Subcommittee shall
9consist of all of the following persons who must be appointed
10within 30 days after the effective date of this amendatory Act
11of the 100th General Assembly:
12        (1) The Director of Aging, or his or her designee, who
13    shall serve as the chairperson of the Subcommittee.
14        (2) One representative of the Department of Healthcare
15    and Family Services, appointed by the Director of
16    Healthcare and Family Services.
17        (3) One representative of the Department of Human
18    Services, appointed by the Secretary of Human Services.
19        (4) One individual representing a care coordination
20    unit, appointed by the Director of Aging.
21        (5) One individual from a non-governmental statewide
22    organization that advocates for seniors, appointed by the
23    Director of Aging.
24        (6) One individual representing Area Agencies on
25    Aging, appointed by the Director of Aging.
26        (7) One individual from a statewide association

 

 

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1    dedicated to Alzheimer's care, support, and research,
2    appointed by the Director of Aging.
3        (8) One individual from an organization that employs
4    persons who provide services under the Community Care
5    Program, appointed by the Director of Aging.
6        (9) One member of a trade or labor union representing
7    persons who provide services under the Community Care
8    Program, appointed by the Director of Aging.
9        (10) One member of the Senate, who shall serve as
10    co-chairperson, appointed by the President of the Senate.
11        (11) One member of the Senate, who shall serve as
12    co-chairperson, appointed by the Minority Leader of the
13    Senate.
14        (12) One member of the House of Representatives, who
15    shall serve as co-chairperson, appointed by the Speaker of
16    the House of Representatives.
17        (13) One member of the House of Representatives, who
18    shall serve as co-chairperson, appointed by the Minority
19    Leader of the House of Representatives.
20        (14) One individual appointed by a labor organization
21    representing frontline employees at the Department of
22    Human Services.
23    The Subcommittee shall provide oversight to the Community
24Care Program Medicaid Initiative and shall meet quarterly. At
25each Subcommittee meeting the Department on Aging shall provide
26the following data sets to the Subcommittee: (A) the number of

 

 

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1Illinois residents, categorized by planning and service area,
2who are receiving services under the Community Care Program and
3are enrolled in the State's Medical Assistance Program; (B) the
4number of Illinois residents, categorized by planning and
5service area, who are receiving services under the Community
6Care Program, but are not enrolled in the State's Medical
7Assistance Program; and (C) the number of Illinois residents,
8categorized by planning and service area, who are receiving
9services under the Community Care Program and are eligible for
10benefits under the State's Medical Assistance Program, but are
11not enrolled in the State's Medical Assistance Program. In
12addition to this data, the Department on Aging shall provide
13the Subcommittee with plans on how the Department on Aging will
14reduce the number of Illinois residents who are not enrolled in
15the State's Medical Assistance Program but who are eligible for
16medical assistance benefits. The Department on Aging shall
17enroll in the State's Medical Assistance Program those Illinois
18residents who receive services under the Community Care Program
19and are eligible for medical assistance benefits but are not
20enrolled in the State's Medicaid Assistance Program. The data
21provided to the Subcommittee shall be made available to the
22public via the Department on Aging's website.
23    The Department on Aging, with the involvement of the
24Subcommittee, shall collaborate with the Department of Human
25Services and the Department of Healthcare and Family Services
26on how best to achieve the responsibilities of the Community

 

 

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1Care Program Medicaid Initiative.
2    The Department on Aging, the Department of Human Services,
3and the Department of Healthcare and Family Services shall
4coordinate and implement a streamlined process for seniors to
5access benefits under the State's Medical Assistance Program.
6    The Subcommittee shall collaborate with the Department of
7Human Services on the adoption of a uniform application
8submission process. The Department of Human Services and any
9other State agency involved with processing the medical
10assistance application of any person enrolled in the Community
11Care Program shall include the appropriate care coordination
12unit in all communications related to the determination or
13status of the application.
14    The Community Care Program Medicaid Initiative shall
15provide targeted funding to care coordination units to help
16seniors complete their applications for medical assistance
17benefits. On and after July 1, 2019, care coordination units
18shall receive no less than $200 per completed application,
19which rate may be included in a bundled rate for initial intake
20services when Medicaid application assistance is provided in
21conjunction with the initial intake process for new program
22participants.
23    The Community Care Program Medicaid Initiative shall cease
24operation 5 years after the effective date of this amendatory
25Act of the 100th General Assembly, after which the Subcommittee
26shall dissolve.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
2100-587, eff. 6-4-18; 100-1148, eff. 12-10-18.)
 
3    Section 5-10. The Substance Use Disorder Act is amended by
4changing Sections 5-10 and 50-35 as follows:
 
5    (20 ILCS 301/5-10)
6    Sec. 5-10. Functions of the Department.
7    (a) In addition to the powers, duties and functions vested
8in the Department by this Act, or by other laws of this State,
9the Department shall carry out the following activities:
10        (1) Design, coordinate and fund comprehensive
11    community-based and culturally and gender-appropriate
12    services throughout the State. These services must include
13    prevention, early intervention, treatment, and other
14    recovery support services for substance use disorders that
15    are accessible and addresses the needs of at-risk
16    individuals and their families.
17        (2) Act as the exclusive State agency to accept,
18    receive and expend, pursuant to appropriation, any public
19    or private monies, grants or services, including those
20    received from the federal government or from other State
21    agencies, for the purpose of providing prevention, early
22    intervention, treatment, and other recovery support
23    services for substance use disorders.
24        (2.5) In partnership with the Department of Healthcare

 

 

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1    and Family Services, act as one of the principal State
2    agencies for the sole purpose of calculating the
3    maintenance of effort requirement under Section 1930 of
4    Title XIX, Part B, Subpart II of the Public Health Service
5    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
6    96.134).
7        (3) Coordinate a statewide strategy for the
8    prevention, early intervention, treatment, and recovery
9    support of substance use disorders. This strategy shall
10    include the development of a comprehensive plan, submitted
11    annually with the application for federal substance use
12    disorder block grant funding, for the provision of an array
13    of such services. The plan shall be based on local
14    community-based needs and upon data including, but not
15    limited to, that which defines the prevalence of and costs
16    associated with substance use disorders. This
17    comprehensive plan shall include identification of
18    problems, needs, priorities, services and other pertinent
19    information, including the needs of minorities and other
20    specific priority populations in the State, and shall
21    describe how the identified problems and needs will be
22    addressed. For purposes of this paragraph, the term
23    "minorities and other specific priority populations" may
24    include, but shall not be limited to, groups such as women,
25    children, intravenous drug users, persons with AIDS or who
26    are HIV infected, veterans, African-Americans, Puerto

 

 

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1    Ricans, Hispanics, Asian Americans, the elderly, persons
2    in the criminal justice system, persons who are clients of
3    services provided by other State agencies, persons with
4    disabilities and such other specific populations as the
5    Department may from time to time identify. In developing
6    the plan, the Department shall seek input from providers,
7    parent groups, associations and interested citizens.
8        The plan developed under this Section shall include an
9    explanation of the rationale to be used in ensuring that
10    funding shall be based upon local community needs,
11    including, but not limited to, the incidence and prevalence
12    of, and costs associated with, substance use disorders, as
13    well as upon demonstrated program performance.
14        The plan developed under this Section shall also
15    contain a report detailing the activities of and progress
16    made through services for the care and treatment of
17    substance use disorders among pregnant women and mothers
18    and their children established under subsection (j) of
19    Section 35-5.
20        As applicable, the plan developed under this Section
21    shall also include information about funding by other State
22    agencies for prevention, early intervention, treatment,
23    and other recovery support services.
24        (4) Lead, foster and develop cooperation, coordination
25    and agreements among federal and State governmental
26    agencies and local providers that provide assistance,

 

 

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1    services, funding or other functions, peripheral or
2    direct, in the prevention, early intervention, treatment,
3    and recovery support for substance use disorders. This
4    shall include, but shall not be limited to, the following:
5            (A) Cooperate with and assist other State
6        agencies, as applicable, in establishing and
7        conducting substance use disorder services among the
8        populations they respectively serve.
9            (B) Cooperate with and assist the Illinois
10        Department of Public Health in the establishment,
11        funding and support of programs and services for the
12        promotion of maternal and child health and the
13        prevention and treatment of infectious diseases,
14        including but not limited to HIV infection, especially
15        with respect to those persons who are high risk due to
16        intravenous injection of illegal drugs, or who may have
17        been sexual partners of these individuals, or who may
18        have impaired immune systems as a result of a substance
19        use disorder.
20            (C) Supply to the Department of Public Health and
21        prenatal care providers a list of all providers who are
22        licensed to provide substance use disorder treatment
23        for pregnant women in this State.
24            (D) Assist in the placement of child abuse or
25        neglect perpetrators (identified by the Illinois
26        Department of Children and Family Services (DCFS)) who

 

 

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1        have been determined to be in need of substance use
2        disorder treatment pursuant to Section 8.2 of the
3        Abused and Neglected Child Reporting Act.
4            (E) Cooperate with and assist DCFS in carrying out
5        its mandates to:
6                (i) identify substance use disorders among its
7            clients and their families; and
8                (ii) develop services to deal with such
9            disorders.
10        These services may include, but shall not be limited
11        to, programs to prevent or treat substance use
12        disorders with DCFS clients and their families,
13        identifying child care needs within such treatment,
14        and assistance with other issues as required.
15            (F) Cooperate with and assist the Illinois
16        Criminal Justice Information Authority with respect to
17        statistical and other information concerning the
18        incidence and prevalence of substance use disorders.
19            (G) Cooperate with and assist the State
20        Superintendent of Education, boards of education,
21        schools, police departments, the Illinois Department
22        of State Police, courts and other public and private
23        agencies and individuals in establishing prevention
24        programs statewide and preparing curriculum materials
25        for use at all levels of education.
26            (H) Cooperate with and assist the Illinois

 

 

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1        Department of Healthcare and Family Services in the
2        development and provision of services offered to
3        recipients of public assistance for the treatment and
4        prevention of substance use disorders.
5            (I) (Blank).
6        (5) From monies appropriated to the Department from the
7    Drunk and Drugged Driving Prevention Fund, reimburse DUI
8    evaluation and risk education programs licensed by the
9    Department for providing indigent persons with free or
10    reduced-cost evaluation and risk education services
11    relating to a charge of driving under the influence of
12    alcohol or other drugs.
13        (6) Promulgate regulations to identify and disseminate
14    best practice guidelines that can be utilized by publicly
15    and privately funded programs as well as for levels of
16    payment to government funded programs that provide
17    prevention, early intervention, treatment, and other
18    recovery support services for substance use disorders and
19    those services referenced in Sections 15-10 and 40-5.
20        (7) In consultation with providers and related trade
21    associations, specify a uniform methodology for use by
22    funded providers and the Department for billing and
23    collection and dissemination of statistical information
24    regarding services related to substance use disorders.
25        (8) Receive data and assistance from federal, State and
26    local governmental agencies, and obtain copies of

 

 

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1    identification and arrest data from all federal, State and
2    local law enforcement agencies for use in carrying out the
3    purposes and functions of the Department.
4        (9) Designate and license providers to conduct
5    screening, assessment, referral and tracking of clients
6    identified by the criminal justice system as having
7    indications of substance use disorders and being eligible
8    to make an election for treatment under Section 40-5 of
9    this Act, and assist in the placement of individuals who
10    are under court order to participate in treatment.
11        (10) Identify and disseminate evidence-based best
12    practice guidelines as maintained in administrative rule
13    that can be utilized to determine a substance use disorder
14    diagnosis.
15        (11) (Blank).
16        (12) Make grants with funds appropriated from the Drug
17    Treatment Fund in accordance with Section 7 of the
18    Controlled Substance and Cannabis Nuisance Act, or in
19    accordance with Section 80 of the Methamphetamine Control
20    and Community Protection Act, or in accordance with
21    subsections (h) and (i) of Section 411.2 of the Illinois
22    Controlled Substances Act, or in accordance with Section
23    6z-107 of the State Finance Act.
24        (13) Encourage all health and disability insurance
25    programs to include substance use disorder treatment as a
26    covered service and to use evidence-based best practice

 

 

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1    criteria as maintained in administrative rule and as
2    required in Public Act 99-0480 in determining the necessity
3    for such services and continued stay.
4        (14) Award grants and enter into fixed-rate and
5    fee-for-service arrangements with any other department,
6    authority or commission of this State, or any other state
7    or the federal government or with any public or private
8    agency, including the disbursement of funds and furnishing
9    of staff, to effectuate the purposes of this Act.
10        (15) Conduct a public information campaign to inform
11    the State's Hispanic residents regarding the prevention
12    and treatment of substance use disorders.
13    (b) In addition to the powers, duties and functions vested
14in it by this Act, or by other laws of this State, the
15Department may undertake, but shall not be limited to, the
16following activities:
17        (1) Require all organizations licensed or funded by the
18    Department to include an education component to inform
19    participants regarding the causes and means of
20    transmission and methods of reducing the risk of acquiring
21    or transmitting HIV infection and other infectious
22    diseases, and to include funding for such education
23    component in its support of the program.
24        (2) Review all State agency applications for federal
25    funds that include provisions relating to the prevention,
26    early intervention and treatment of substance use

 

 

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1    disorders in order to ensure consistency.
2        (3) Prepare, publish, evaluate, disseminate and serve
3    as a central repository for educational materials dealing
4    with the nature and effects of substance use disorders.
5    Such materials may deal with the educational needs of the
6    citizens of Illinois, and may include at least pamphlets
7    that describe the causes and effects of fetal alcohol
8    spectrum disorders.
9        (4) Develop and coordinate, with regional and local
10    agencies, education and training programs for persons
11    engaged in providing services for persons with substance
12    use disorders, which programs may include specific HIV
13    education and training for program personnel.
14        (5) Cooperate with and assist in the development of
15    education, prevention, early intervention, and treatment
16    programs for employees of State and local governments and
17    businesses in the State.
18        (6) Utilize the support and assistance of interested
19    persons in the community, including recovering persons, to
20    assist individuals and communities in understanding the
21    dynamics of substance use disorders, and to encourage
22    individuals with substance use disorders to voluntarily
23    undergo treatment.
24        (7) Promote, conduct, assist or sponsor basic
25    clinical, epidemiological and statistical research into
26    substance use disorders and research into the prevention of

 

 

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1    those problems either solely or in conjunction with any
2    public or private agency.
3        (8) Cooperate with public and private agencies,
4    organizations and individuals in the development of
5    programs, and to provide technical assistance and
6    consultation services for this purpose.
7        (9) (Blank).
8        (10) (Blank).
9        (11) Fund, promote, or assist entities dealing with
10    substance use disorders.
11        (12) With monies appropriated from the Group Home Loan
12    Revolving Fund, make loans, directly or through
13    subcontract, to assist in underwriting the costs of housing
14    in which individuals recovering from substance use
15    disorders may reside, pursuant to Section 50-40 of this
16    Act.
17        (13) Promulgate such regulations as may be necessary to
18    carry out the purposes and enforce the provisions of this
19    Act.
20        (14) Provide funding to help parents be effective in
21    preventing substance use disorders by building an
22    awareness of the family's role in preventing substance use
23    disorders through adjusting expectations, developing new
24    skills, and setting positive family goals. The programs
25    shall include, but not be limited to, the following
26    subjects: healthy family communication; establishing rules

 

 

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1    and limits; how to reduce family conflict; how to build
2    self-esteem, competency, and responsibility in children;
3    how to improve motivation and achievement; effective
4    discipline; problem solving techniques; and how to talk
5    about drugs and alcohol. The programs shall be open to all
6    parents.
7(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19.)
 
8    (20 ILCS 301/50-35)
9    Sec. 50-35. Drug Treatment Fund.
10    (a) There is hereby established the Drug Treatment Fund, to
11be held as a separate fund in the State treasury. There shall
12be deposited into this fund such amounts as may be received
13under subsections (h) and (i) of Section 411.2 of the Illinois
14Controlled Substances Act, under Section 80 of the
15Methamphetamine Control and Community Protection Act, and
16under Section 7 of the Controlled Substance and Cannabis
17Nuisance Act, or under Section 6z-107 of the State Finance Act.
18    (b) Monies in this fund shall be appropriated to the
19Department for the purposes and activities set forth in
20subsections (h) and (i) of Section 411.2 of the Illinois
21Controlled Substances Act, or in Section 7 of the Controlled
22Substance and Cannabis Nuisance Act, or in Section 6z-107 of
23the State Finance Act.
24(Source: P.A. 94-556, eff. 9-11-05.)
 

 

 

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1    Section 5-15. The Children and Family Services Act is
2amended by adding Section 5f as follows:
 
3    (20 ILCS 505/5f new)
4    Sec. 5f. Reimbursement rates. On July 1, 2019, the
5Department of Children and Family Services shall increase rates
6in effect on June 30, 2019 for providers by 5%. The contractual
7and grant services eligible for increased reimbursement rates
8under this Section include the following:
9    (1) Residential services, including child care
10institutions, group home care, independent living services, or
11transitional living services.
12    (2) Specialized, adolescent, treatment, or other
13non-traditional or Home-of-Relative foster care.
14    (3) Traditional or Home-of-Relative foster care.
15    (4) Intact family services.
16    (5) Teen parenting services.
 
17    (20 ILCS 661/Act rep.)
18    Section 5-20. The High Speed Internet Services and
19Information Technology Act is repealed.
 
20    Section 5-25. The Illinois Promotion Act is amended by
21changing Sections 3 and 8b as follows:
 
22    (20 ILCS 665/3)  (from Ch. 127, par. 200-23)

 

 

SB1814 Enrolled- 35 -LRB101 09785 HLH 54886 b

1    Sec. 3. Definitions. The following words and terms,
2whenever used or referred to in this Act, shall have the
3following meanings, except where the context may otherwise
4require:
5    (a) "Department" means the Department of Commerce and
6Economic Opportunity of the State of Illinois.
7    (b) "Local promotion group" means any non-profit
8corporation, organization, association, agency or committee
9thereof formed for the primary purpose of publicizing,
10promoting, advertising or otherwise encouraging the
11development of tourism in any municipality, county, or region
12of Illinois.
13    (c) "Promotional activities" means preparing, planning and
14conducting campaigns of information, advertising and publicity
15through such media as newspapers, radio, television,
16magazines, trade journals, moving and still photography,
17posters, outdoor signboards and personal contact within and
18without the State of Illinois; dissemination of information,
19advertising, publicity, photographs and other literature and
20material designed to carry out the purpose of this Act; and
21participation in and attendance at meetings and conventions
22concerned primarily with tourism, including travel to and from
23such meetings.
24    (d) "Municipality" means "municipality" as defined in
25Section 1-1-2 of the Illinois Municipal Code, as heretofore and
26hereafter amended.

 

 

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1    (e) "Tourism" means travel 50 miles or more one-way or an
2overnight trip outside of a person's normal routine.
3    (f) "Municipal amateur sports facility" means a sports
4facility that: (1) is owned by a unit of local government; (2)
5has contiguous indoor sports competition space; (3) is designed
6to principally accommodate and host amateur competitions for
7youths, adults, or both; and (4) is not used for professional
8sporting events where participants are compensated for their
9participation.
10    (g) "Municipal convention center" means a convention
11center or civic center owned by a unit of local government or
12operated by a convention center authority, or a municipal
13convention hall as defined in paragraph (1) of Section 11-65-1
14of the Illinois Municipal Code, with contiguous exhibition
15space ranging between 30,000 and 125,000 square feet.
16    (h) "Convention center authority" means an Authority, as
17defined by the Civic Center Code, that operates a municipal
18convention center with contiguous exhibition space ranging
19between 30,000 and 125,000 square feet.
20    (i) "Incentive" means: (1) a financial an incentive
21provided by a unit of local government municipal convention
22center or convention center authority to attract for a
23convention, meeting, or trade show held at a municipal
24convention center that, but for the incentive, would not have
25occurred in the State or been retained in the State; or (2) a
26financial an incentive provided by a unit of local government

 

 

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1for attracting a sporting event held at its a municipal amateur
2sports facility that, but for the incentive, would not have
3occurred in the State or been retained in the State; but (3)
4only a financial incentive offered or provided to a person or
5entity in the form of financial benefits or costs which are
6allowable costs pursuant to the Grant Accountability and
7Transparency Act.
8(Source: P.A. 99-476, eff. 8-27-15.)
 
9    (20 ILCS 665/8b)
10    Sec. 8b. Municipal convention center and sports facility
11attraction grants.
12    (a) Until July 1, 2022, the Department is authorized to
13make grants, subject to appropriation by the General Assembly,
14from the Tourism Promotion Fund to a unit of local government ,
15municipal convention center, or convention center authority
16that provides incentives, as defined in subsection (i) of
17Section 3 of this Act, for the purpose of attracting
18conventions, meetings, and trade shows to municipal convention
19centers or and attracting sporting events to municipal amateur
20sports facilities. Grants awarded under this Section shall be
21based on the net proceeds received under the Hotel Operators'
22Occupation Tax Act for the renting, leasing, or letting of
23hotel rooms in the municipality in which the municipal
24convention center or municipal amateur sports facility is
25located for the month in which the convention, meeting, trade

 

 

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1show, or sporting event occurs. Grants shall not exceed 80% of
2the incentive amount provided by the unit of local government ,
3municipal convention center, or convention center authority.
4Further, in no event may the aggregate amount of grants awarded
5with respect to a single municipal convention center ,
6convention center authority, or municipal amateur sports
7facility exceed $200,000 in any calendar year. The Department
8may, by rule, require any other provisions it deems necessary
9in order to protect the State's interest in administering this
10program.
11    (b) No later than May 15 of each year, through May 15,
122022, the unit of local government , municipal convention
13center, or convention center authority shall certify to the
14Department the amounts of funds expended in the previous
15calendar fiscal year to provide qualified incentives; however,
16in no event may the certified amount pursuant to this paragraph
17exceed $200,000 with respect to for any municipal convention
18center , convention center authority, or municipal amateur
19sports facility in any calendar year. The unit of local
20government , convention center, or convention center authority
21shall certify (A) the net proceeds received under the Hotel
22Operators' Occupation Tax Act for the renting, leasing, or
23letting of hotel rooms in the municipality for the month in
24which the convention, meeting, or trade show occurs and (B) the
25average of the net proceeds received under the Hotel Operators'
26Occupation Tax Act for the renting, leasing, or letting of

 

 

SB1814 Enrolled- 39 -LRB101 09785 HLH 54886 b

1hotel rooms in the municipality for the same month in the 3
2immediately preceding years. The unit of local government ,
3municipal convention center, or convention center authority
4shall include the incentive amounts as part of its regular
5audit.
6    (b-5) Grants awarded to a unit of local government ,
7municipal convention center, or convention center authority
8may be made by the Department of Commerce and Economic
9Opportunity from appropriations for those purposes for any
10fiscal year, without regard to the fact that the qualification
11or obligation may have occurred in a prior fiscal year.
12    (c) The Department shall submit a report, which must be
13provided electronically, on the effectiveness of the program
14established under this Section to the General Assembly no later
15than January 1, 2022.
16(Source: P.A. 99-476, eff. 8-27-15; 100-643, eff. 7-27-18.)
 
17    Section 5-30. The Department of Human Services Act is
18amended by changing Section 1-50 as follows:
 
19    (20 ILCS 1305/1-50)
20    Sec. 1-50. Department of Human Services Community Services
21Fund.
22    (a) The Department of Human Services Community Services
23Fund is created in the State treasury as a special fund.
24    (b) The Fund is created for the purpose of receiving and

 

 

SB1814 Enrolled- 40 -LRB101 09785 HLH 54886 b

1disbursing moneys in accordance with this Section.
2Disbursements from the Fund shall be made, subject to
3appropriation, for payment of expenses incurred by the
4Department of Human Services in support of the Department's
5rebalancing services, mental health services, and substance
6abuse and prevention services.
7    (c) The Fund shall consist of the following:
8        (1) Moneys transferred from another State fund.
9        (2) All federal moneys received as a result of
10    expenditures that are attributable to moneys deposited in
11    the Fund.
12        (3) All other moneys received for the Fund from any
13    other source.
14        (4) Interest earned upon moneys in the Fund.
15(Source: P.A. 96-1530, eff. 2-16-11.)
 
16    Section 5-35. The State Finance Act is amended by changing
17Sections 5.857, 5h.5, 6z-27, 6z-32, 6z-51, 6z-70, 6z-100, 8.3,
188g, 8g-1, 13.2, and 25 and by adding Sections 5.891 and 6z-107
19as follows:
 
20    (30 ILCS 105/5.857)
21    (Section scheduled to be repealed on July 1, 2019)
22    Sec. 5.857. The Capital Development Board Revolving Fund.
23This Section is repealed July 1, 2020 2019.
24(Source: P.A. 99-78, eff. 7-20-15; 99-523, eff. 6-30-16;

 

 

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1100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
2    (30 ILCS 105/5.891 new)
3    Sec. 5.891. The Governor's Administrative Fund.
 
4    (30 ILCS 105/5h.5)
5    Sec. 5h.5. Cash flow borrowing and general funds liquidity;
6Fiscal Years 2018, and 2019, 2020, and 2021.
7    (a) In order to meet cash flow deficits and to maintain
8liquidity in general funds and the Health Insurance Reserve
9Fund, on and after July 1, 2017 and through March 1, 2021 2019,
10the State Treasurer and the State Comptroller, in consultation
11with the Governor's Office of Management and Budget, shall make
12transfers to general funds and the Health Insurance Reserve
13Fund, as directed by the State Comptroller, out of special
14funds of the State, to the extent allowed by federal law.
15    No such transfer may reduce the cumulative balance of all
16of the special funds of the State to an amount less than the
17total debt service payable during the 12 months immediately
18following the date of the transfer on any bonded indebtedness
19of the State and any certificates issued under the Short Term
20Borrowing Act. At no time shall the outstanding total transfers
21made from the special funds of the State to general funds and
22the Health Insurance Reserve Fund under this Section exceed
23$1,200,000,000; once the amount of $1,200,000,000 has been
24transferred from the special funds of the State to general

 

 

SB1814 Enrolled- 42 -LRB101 09785 HLH 54886 b

1funds and the Health Insurance Reserve Fund, additional
2transfers may be made from the special funds of the State to
3general funds and the Health Insurance Reserve Fund under this
4Section only to the extent that moneys have first been
5re-transferred from general funds and the Health Insurance
6Reserve Fund to those special funds of the State.
7Notwithstanding any other provision of this Section, no such
8transfer may be made from any special fund that is exclusively
9collected by or directly appropriated to any other
10constitutional officer without the written approval of that
11constitutional officer.
12    (b) If moneys have been transferred to general funds and
13the Health Insurance Reserve Fund pursuant to subsection (a) of
14this Section, Public Act 100-23 this amendatory Act of the
15100th General Assembly shall constitute the continuing
16authority for and direction to the State Treasurer and State
17Comptroller to reimburse the funds of origin from general funds
18by transferring to the funds of origin, at such times and in
19such amounts as directed by the Comptroller when necessary to
20support appropriated expenditures from the funds, an amount
21equal to that transferred from them plus any interest that
22would have accrued thereon had the transfer not occurred,
23except that any moneys transferred pursuant to subsection (a)
24of this Section shall be repaid to the fund of origin within 48
2524 months after the date on which they were borrowed. When any
26of the funds from which moneys have been transferred pursuant

 

 

SB1814 Enrolled- 43 -LRB101 09785 HLH 54886 b

1to subsection (a) have insufficient cash from which the State
2Comptroller may make expenditures properly supported by
3appropriations from the fund, then the State Treasurer and
4State Comptroller shall transfer from general funds to the fund
5only such amount as is immediately necessary to satisfy
6outstanding expenditure obligations on a timely basis.
7    (c) On the first day of each quarterly period in each
8fiscal year, until such time as a report indicates that all
9moneys borrowed and interest pursuant to this Section have been
10repaid, the Comptroller shall provide to the President and the
11Minority Leader of the Senate, the Speaker and the Minority
12Leader of the House of Representatives, and the Commission on
13Government Forecasting and Accountability a report on all
14transfers made pursuant to this Section in the prior quarterly
15period. The report must be provided in electronic format. The
16report must include all of the following:
17        (1) the date each transfer was made;
18        (2) the amount of each transfer;
19        (3) in the case of a transfer from general funds to a
20    fund of origin pursuant to subsection (b) of this Section,
21    the amount of interest being paid to the fund of origin;
22    and
23        (4) the end of day balance of the fund of origin, the
24    general funds, and the Health Insurance Reserve Fund on the
25    date the transfer was made.
26(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 

 

 

SB1814 Enrolled- 44 -LRB101 09785 HLH 54886 b

1    (30 ILCS 105/6z-27)
2    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
3transferred, appropriated and used only for the purposes
4authorized by, and subject to the limitations and conditions
5prescribed by, the State Auditing Act.
6    Within 30 days after the effective date of this amendatory
7Act of the 101st 100th General Assembly, the State Comptroller
8shall order transferred and the State Treasurer shall transfer
9from the following funds moneys in the specified amounts for
10deposit into the Audit Expense Fund:
11Agricultural Premium Fund.......................152,228 18,792
12Assisted Living and Shared Housing Regulatory Fund......2,549
13Anna Veterans Home Fund.................................8,050
14Appraisal Administration Fund...........................4,373
15Attorney General Court Ordered and Voluntary Compliance
16    Payment Projects Fund..............................14,421
17Attorney General Whistleblower Reward and
18    Protection Fund.....................................9,220
19Bank and Trust Company Fund............................93,160
20Budget Stabilization Fund.............................131,491
21Care Provider Fund for Persons with a
22    Developmental Disability......................14,212 6,003
23CDLIS/AAMVAnet/NMVTIS Trust Fund...................5,031 2,495
24Cemetery Oversight Licensing and Disciplinary Fund......5,583
25Chicago State University Education Improvement Fund.4,036 4,233

 

 

SB1814 Enrolled- 45 -LRB101 09785 HLH 54886 b

1Child Support Administrative Fund..................5,843 2,299
2Clean Air Act Permit Fund.................................980
3Commitment to Human Services Fund.....................122,475
4Common School Fund.............................238,911 433,663
5Community Association Manager Licensing and
6    Disciplinary Fund.....................................877
7Community Mental Health Medicaid Trust Fund.......23,615 9,897
8Corporate Franchise Tax Refund Fund.....................3,294
9Credit Union Fund......................................22,441
10Cycle Rider Safety Training Fund........................1,084
11DCFS Children's Services Fund.........................241,473
12Death Certificate Surcharge Fund........................4,790
13Death Penalty Abolition Fund............................6,142
14Department of Business Services Special
15    Operations Fund...............................11,370 5,493
16Department of Corrections Reimbursement
17    and Education Fund.................................18,389
18Department of Human Services Community
19    Services Fund.................................11,733 5,399
20Design Professionals Administration and
21    Investigation Fund..................................5,378
22The Downstate Public Transportation Fund.........12,268 32,074
23Downstate Transit Improvement Fund......................1,251
24Dram Shop Fund............................................514
25Driver Services Administration Fund..................1,272 897
26Drivers Education Fund..................................1,417

 

 

SB1814 Enrolled- 46 -LRB101 09785 HLH 54886 b

1Drug Rebate Fund.................................41,241 21,941
2Drug Treatment Fund..................................1,530 527
3Drunk and Drugged Driving Prevention Fund.................790
4The Education Assistance Fund..............1,332,369 1,230,281
5Electronic Health Record Incentive Fund..............2,575 657
6Emergency Public Health Fund............................9,383
7EMS Assistance Fund.....................................1,925
8Energy Efficiency Portfolio Standards Fund............126,046
9Environmental Protection Permit and Inspection Fund.......733
10Estate Tax Refund Fund..................................1,877
11Facilities Management Revolving Fund.............19,625 15,360
12Facility Licensing Fund.................................2,411
13Fair and Exposition Fund.............................4,698 911
14Federal Financing Cost Reimbursement Fund.................649
15Federal High Speed Rail Trust Fund...............14,092 59,579
16Federal Workforce Training Fund.......................152,617
17Feed Control Fund..................................8,112 1,584
18Fertilizer Control Fund............................6,898 1,369
19The Fire Prevention Fund...........................3,706 3,183
20Food and Drug Safety Fund...............................4,068
21Fund for the Advancement of Education...........14,680 130,528
22General Professions Dedicated Fund................3,102 19,678
23The General Revenue Fund...........................17,653,153
24Grade Crossing Protection Fund.....................1,483 2,379
25Grant Accountability and Transparency Fund................594
26Hazardous Waste Fund......................................633

 

 

SB1814 Enrolled- 47 -LRB101 09785 HLH 54886 b

1Health and Human Services Medicaid Trust Fund......9,399 3,852
2Health Facility Plan Review Fund........................3,521
3Healthcare Provider Relief Fund.................230,920 71,263
4Healthy Smiles Fund.......................................892
5Home Care Services Agency Licensure Fund................3,582
6Horse Racing Fund.....................................215,160
7Hospital Licensure Fund.................................1,946
8Hospital Provider Fund..........................115,090 44,230
9ICJIA Violence Prevention Fund..........................2,023
10Illinois Affordable Housing Trust Fund.............7,306 5,478
11Illinois Capital Revolving Loan Fund....................1,067
12Illinois Charity Bureau Fund............................2,236
13Illinois Clean Water Fund...............................1,177
14Illinois Health Facilities Planning Fund................4,047
15Illinois School Asbestos Abatement Fund.................1,150
16Illinois Standardbred Breeders Fund....................12,452
17Illinois Gaming Law Enforcement Fund....................1,395
18Illinois State Dental Disciplinary Fund.................5,128
19Illinois State Fair Fund..........................29,588 7,297
20Illinois State Medical Disciplinary Fund...............21,473
21Illinois State Pharmacy Disciplinary Fund...............8,839
22Illinois Thoroughbred Breeders Fund....................19,485
23Illinois Veterans Assistance Fund.......................3,863
24Illinois Veterans' Rehabilitation Fund...............1,187 634
25Illinois Workers' Compensation Commission
26    Operations Fund..............................206,564 4,758

 

 

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1IMSA Income Fund...................................7,646 6,823
2Income Tax Refund Fund..........................55,081 176,034
3Insurance Financial Regulation Fund...................110,878
4Insurance Premium Tax Refund Fund......................16,534
5Insurance Producer Administration Fund................107,833
6Intermodal Facilities Promotion Fund....................1,011
7International Tourism Fund..............................6,566
8LaSalle Veterans Home Fund.............................36,259
9LEADS Maintenance Fund..................................1,050
10Lead Poisoning Screening, Prevention, and
11    Abatement Fund......................................7,730
12Live and Learn Fund..............................21,306 10,805
13Lobbyist Registration Administration Fund............1,088 521
14The Local Government Distributive Fund..........31,539 113,119
15Local Tourism Fund.....................................19,098
16Long-Term Care Monitor/Receiver Fund...................54,094
17Long-Term Care Provider Fund......................20,649 6,761
18Mandatory Arbitration Fund..............................2,225
19Manteno Veterans Home Fund.............................68,288
20Medical Interagency Program Fund.....................1,948 602
21Medical Special Purposes Trust Fund.....................2,073
22Mental Health Fund................................15,458 3,358
23Metabolic Screening and Treatment Fund.................44,251
24Money Laundering Asset Recovery Fund....................1,115
25Monitoring Device Driving Permit
26    Administration Fee Fund..........................1,082 797

 

 

SB1814 Enrolled- 49 -LRB101 09785 HLH 54886 b

1Motor Carrier Safety Inspection Fund....................1,289
2The Motor Fuel Tax Fund.........................41,504 101,821
3Motor Vehicle License Plate Fund..................14,732 5,094
4Motor Vehicle Theft Prevention and Insurance
5    Verification Trust Fund........645
6Nursing Dedicated and Professional Fund...........3,690 10,673
7Open Space Lands Acquisition and Development Fund.........943
8Optometric Licensing and Disciplinary Board Fund........1,608
9Partners for Conservation Fund....................43,490 8,973
10The Personal Property Tax
11    Replacement Fund...........................100,416 119,343
12Pesticide Control Fund............................34,045 5,826
13Plumbing Licensure and Program Fund.....................4,005
14Professional Services Fund.........................3,806 1,569
15Professions Indirect Cost Fund........................176,535
16Public Pension Regulation Fund..........................9,236
17Public Health Laboratory Services Revolving Fund........7,750
18The Public Transportation Fund...................31,285 91,397
19Quincy Veterans Home Fund..............................64,594
20Real Estate License Administration Fund................34,822
21Renewable Energy Resources Trust Fund..................10,947
22Regional Transportation Authority Occupation and
23    Use Tax Replacement Fund.........................898 3,486
24Registered Certified Public Accountants' Administration
25    and Disciplinary Fund...............................3,423
26Rental Housing Support Program Fund..................503 2,388

 

 

SB1814 Enrolled- 50 -LRB101 09785 HLH 54886 b

1Residential Finance Regulatory Fund....................17,742
2The Road Fund..................................215,480 662,332
3Roadside Memorial Fund..................................1,170
4Savings Bank Regulatory Fund............................2,270
5School Infrastructure Fund.......................15,933 14,441
6Secretary of State DUI Administration Fund.........1,980 1,107
7Secretary of State Identification Security and Theft
8    Prevention Fund...............................12,530 6,154
9Secretary of State Special License Plate Fund......3,274 2,210
10Secretary of State Special Services Fund.........18,638 10,306
11Securities Audit and Enforcement Fund..............7,900 3,972
12Solid Waste Management Fund...............................959
13Special Education Medicaid Matching Fund...........7,016 2,346
14State and Local Sales Tax Reform Fund..............2,022 6,592
15State Asset Forfeiture Fund.............................1,239
16State Construction Account Fund.................33,539 106,236
17State Crime Laboratory Fund.............................4,020
18State Gaming Fund...............................83,992 200,367
19The State Garage Revolving Fund....................5,770 5,521
20The State Lottery Fund.........................487,256 215,561
21State Offender DNA Identification System Fund...........1,270
22State Pensions Fund...................................500,000
23State Police DUI Fund...................................1,050
24State Police Firearm Services Fund......................4,116
25State Police Services Fund.............................11,485
26State Police Vehicle Fund...............................6,004

 

 

SB1814 Enrolled- 51 -LRB101 09785 HLH 54886 b

1State Police Whistleblower Reward
2    and Protection Fund.................................3,519
3State Treasurer's Bank Services Trust Fund................625
4Supplemental Low-Income Energy Assistance Fund.........74,279
5Supreme Court Special Purposes Fund.....................3,879
6Tattoo and Body Piercing Establishment
7    Registration Fund.....................................706
8Tax Compliance and Administration Fund.............1,490 1,479
9Technology Management Revolving Fund..................204,090
10Tobacco Settlement Recovery Fund..................34,105 1,855
11Tourism Promotion Fund.................................40,541
12Trauma Center Fund.....................................10,783
13Underground Storage Tank Fund...........................2,737
14University of Illinois Hospital Services Fund......4,602 1,924
15The Vehicle Inspection Fund........................4,243 1,469
16Violent Crime Victims Assistance Fund..................13,911
17Weights and Measures Fund.........................27,517 5,660
18The Working Capital Revolving Fund.....................18,184
19    Notwithstanding any provision of the law to the contrary,
20the General Assembly hereby authorizes the use of such funds
21for the purposes set forth in this Section.
22    These provisions do not apply to funds classified by the
23Comptroller as federal trust funds or State trust funds. The
24Audit Expense Fund may receive transfers from those trust funds
25only as directed herein, except where prohibited by the terms
26of the trust fund agreement. The Auditor General shall notify

 

 

SB1814 Enrolled- 52 -LRB101 09785 HLH 54886 b

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

 

 

SB1814 Enrolled- 53 -LRB101 09785 HLH 54886 b

1    Beginning with fiscal year 1994 and during each fiscal year
2thereafter, the Auditor General may direct the State
3Comptroller and Treasurer to transfer moneys from funds
4authorized by the General Assembly for that fund. In the event
5funds, including federal and State trust funds but excluding
6the General Revenue Fund, are transferred, during fiscal year
71994 and during each fiscal year thereafter, in excess of the
8amount to pay actual costs attributable to audits, studies, and
9investigations as permitted or required by the Illinois State
10Auditing Act or specific action of the General Assembly, the
11Auditor General shall, on September 30, or as soon thereafter
12as is practicable, direct the State Comptroller and Treasurer
13to transfer the excess amount back to the fund from which it
14was originally transferred.
15(Source: P.A. 99-38, eff. 7-14-15; 99-523, eff. 6-30-16;
16100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
17    (30 ILCS 105/6z-32)
18    Sec. 6z-32. Partners for Planning and Conservation.
19    (a) The Partners for Conservation Fund (formerly known as
20the Conservation 2000 Fund) and the Partners for Conservation
21Projects Fund (formerly known as the Conservation 2000 Projects
22Fund) are created as special funds in the State Treasury. These
23funds shall be used to establish a comprehensive program to
24protect Illinois' natural resources through cooperative
25partnerships between State government and public and private

 

 

SB1814 Enrolled- 54 -LRB101 09785 HLH 54886 b

1landowners. Moneys in these Funds may be used, subject to
2appropriation, by the Department of Natural Resources,
3Environmental Protection Agency, and the Department of
4Agriculture for purposes relating to natural resource
5protection, planning, recreation, tourism, and compatible
6agricultural and economic development activities. Without
7limiting these general purposes, moneys in these Funds may be
8used, subject to appropriation, for the following specific
9purposes:
10        (1) To foster sustainable agriculture practices and
11    control soil erosion and sedimentation, including grants
12    to Soil and Water Conservation Districts for conservation
13    practice cost-share grants and for personnel, educational,
14    and administrative expenses.
15        (2) To establish and protect a system of ecosystems in
16    public and private ownership through conservation
17    easements, incentives to public and private landowners,
18    natural resource restoration and preservation, water
19    quality protection and improvement, land use and watershed
20    planning, technical assistance and grants, and land
21    acquisition provided these mechanisms are all voluntary on
22    the part of the landowner and do not involve the use of
23    eminent domain.
24        (3) To develop a systematic and long-term program to
25    effectively measure and monitor natural resources and
26    ecological conditions through investments in technology

 

 

SB1814 Enrolled- 55 -LRB101 09785 HLH 54886 b

1    and involvement of scientific experts.
2        (4) To initiate strategies to enhance, use, and
3    maintain Illinois' inland lakes through education,
4    technical assistance, research, and financial incentives.
5        (5) To partner with private landowners and with units
6    of State, federal, and local government and with
7    not-for-profit organizations in order to integrate State
8    and federal programs with Illinois' natural resource
9    protection and restoration efforts and to meet
10    requirements to obtain federal and other funds for
11    conservation or protection of natural resources.
12    (b) The State Comptroller and State Treasurer shall
13automatically transfer on the last day of each month, beginning
14on September 30, 1995 and ending on June 30, 2021, from the
15General Revenue Fund to the Partners for Conservation Fund, an
16amount equal to 1/10 of the amount set forth below in fiscal
17year 1996 and an amount equal to 1/12 of the amount set forth
18below in each of the other specified fiscal years:
19Fiscal Year Amount
201996$ 3,500,000
211997$ 9,000,000
221998$10,000,000
231999$11,000,000
242000$12,500,000
252001 through 2004$14,000,000
262005 $7,000,000

 

 

SB1814 Enrolled- 56 -LRB101 09785 HLH 54886 b

12006 $11,000,000
22007 $0
32008 through 2011 $14,000,000
42012 $12,200,000
52013 through 2017 $14,000,000
62018 $1,500,000
72019 through 2021 $14,000,000
82020 $7,500,000
92021 $14,000,000
10    (c) Notwithstanding any other provision of law to the
11contrary and in addition to any other transfers that may be
12provided for by law, on the last day of each month beginning on
13July 31, 2006 and ending on June 30, 2007, or as soon
14thereafter as may be practical, the State Comptroller shall
15direct and the State Treasurer shall transfer $1,000,000 from
16the Open Space Lands Acquisition and Development Fund to the
17Partners for Conservation Fund (formerly known as the
18Conservation 2000 Fund).
19    (d) There shall be deposited into the Partners for
20Conservation Projects Fund such bond proceeds and other moneys
21as may, from time to time, be provided by law.
22(Source: P.A. 100-23, eff. 7-6-17.)
 
23    (30 ILCS 105/6z-51)
24    Sec. 6z-51. Budget Stabilization Fund.
25    (a) The Budget Stabilization Fund, a special fund in the

 

 

SB1814 Enrolled- 57 -LRB101 09785 HLH 54886 b

1State Treasury, shall consist of moneys appropriated or
2transferred to that Fund, as provided in Section 6z-43 and as
3otherwise provided by law. All earnings on Budget Stabilization
4Fund investments shall be deposited into that Fund.
5    (b) The State Comptroller may direct the State Treasurer to
6transfer moneys from the Budget Stabilization Fund to the
7General Revenue Fund in order to meet cash flow deficits
8resulting from timing variations between disbursements and the
9receipt of funds within a fiscal year. Any moneys so borrowed
10in any fiscal year other than Fiscal Year 2011 shall be repaid
11by June 30 of the fiscal year in which they were borrowed. Any
12moneys so borrowed in Fiscal Year 2011 shall be repaid no later
13than July 15, 2011.
14    (c) During Fiscal Year 2017 only, amounts may be expended
15from the Budget Stabilization Fund only pursuant to specific
16authorization by appropriation. Any moneys expended pursuant
17to appropriation shall not be subject to repayment.
18    (d) For Fiscal Year 2020, and beyond, any transfers into
19the Fund pursuant to the Cannabis Regulation and Tax Act may be
20transferred to the General Revenue Fund in order for the
21Comptroller to address outstanding vouchers and shall not be
22subject to repayment back into the Budget Stabilization Fund.
23(Source: P.A. 99-523, eff. 6-30-16.)
 
24    (30 ILCS 105/6z-70)
25    Sec. 6z-70. The Secretary of State Identification Security

 

 

SB1814 Enrolled- 58 -LRB101 09785 HLH 54886 b

1and Theft Prevention Fund.
2    (a) The Secretary of State Identification Security and
3Theft Prevention Fund is created as a special fund in the State
4treasury. The Fund shall consist of any fund transfers, grants,
5fees, or moneys from other sources received for the purpose of
6funding identification security and theft prevention measures.
7    (b) All moneys in the Secretary of State Identification
8Security and Theft Prevention Fund shall be used, subject to
9appropriation, for any costs related to implementing
10identification security and theft prevention measures.
11    (c) (Blank).
12    (d) (Blank).
13    (e) (Blank).
14    (f) (Blank).
15    (g) (Blank).
16    (h) (Blank).
17    (i) (Blank).
18    (j) (Blank). Notwithstanding any other provision of State
19law to the contrary, on or after July 1, 2017, and until June
2030, 2018, in addition to any other transfers that may be
21provided for by law, at the direction of and upon notification
22of the Secretary of State, the State Comptroller shall direct
23and the State Treasurer shall transfer amounts into the
24Secretary of State Identification Security and Theft
25Prevention Fund from the designated funds not exceeding the
26following totals:

 

 

SB1814 Enrolled- 59 -LRB101 09785 HLH 54886 b

1    Registered Limited Liability Partnership Fund....$287,000
2    Securities Investors Education Fund............$1,500,000
3    Department of Business Services Special
4        Operations Fund............................$3,000,000
5    Securities Audit and Enforcement Fund..........$3,500,000
6    Corporate Franchise Tax Refund Fund............$3,000,000
7    (k) Notwithstanding any other provision of State law to the
8contrary, on or after July 1, 2018, and until June 30, 2019, in
9addition to any other transfers that may be provided for by
10law, at the direction of and upon notification of the Secretary
11of State, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts into the Secretary of State
13Identification Security and Theft Prevention Fund from the
14designated funds not exceeding the following totals:
15    Division of Corporations Registered Limited Liability
16    Partnership Fund.....................................$287,000
17    Securities Investors Education Fund............$1,500,000
18    Department of Business Services Special
19        Operations Fund............................$3,000,000
20    Securities Audit and Enforcement Fund.........$3,500,000
21    (l) Notwithstanding any other provision of State law to the
22contrary, on or after July 1, 2019, and until June 30, 2020, in
23addition to any other transfers that may be provided for by
24law, at the direction of and upon notification of the Secretary
25of State, the State Comptroller shall direct and the State
26Treasurer shall transfer amounts into the Secretary of State

 

 

SB1814 Enrolled- 60 -LRB101 09785 HLH 54886 b

1Identification Security and Theft Prevention Fund from the
2designated funds not exceeding the following totals:
3    Division of Corporations Registered Limited
4        Liability Partnership Fund....................$287,000
5    Securities Investors Education Fund.............$1,500,000
6    Department of Business Services
7        Special Operations Fund.....................$3,000,000
8    Securities Audit and Enforcement Fund...........$3,500,000
9(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
10    (30 ILCS 105/6z-100)
11    (Section scheduled to be repealed on July 1, 2019)
12    Sec. 6z-100. Capital Development Board Revolving Fund;
13payments into and use. All monies received by the Capital
14Development Board for publications or copies issued by the
15Board, and all monies received for contract administration
16fees, charges, or reimbursements owing to the Board shall be
17deposited into a special fund known as the Capital Development
18Board Revolving Fund, which is hereby created in the State
19treasury. The monies in this Fund shall be used by the Capital
20Development Board, as appropriated, for expenditures for
21personal services, retirement, social security, contractual
22services, legal services, travel, commodities, printing,
23equipment, electronic data processing, or telecommunications.
24Unexpended moneys in the Fund shall not be transferred or
25allocated by the Comptroller or Treasurer to any other fund,

 

 

SB1814 Enrolled- 61 -LRB101 09785 HLH 54886 b

1nor shall the Governor authorize the transfer or allocation of
2those moneys to any other fund. This Section is repealed July
31, 2020 2019.
4(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
5100-587, eff. 6-4-18.)
 
6    (30 ILCS 105/6z-107 new)
7    Sec. 6z-107. Governor's Administrative Fund. The
8Governor's Administrative Fund is established as a special fund
9in the State Treasury. The Fund may accept moneys from any
10public source in the form of grants, deposits, and transfers,
11and shall be used for purposes designated by the source of the
12moneys and, if no specific purposes are designated, then for
13the general administrative and operational costs of the
14Governor's Office.
 
15    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
16    Sec. 8.3. Money in the Road Fund shall, if and when the
17State of Illinois incurs any bonded indebtedness for the
18construction of permanent highways, be set aside and used for
19the purpose of paying and discharging annually the principal
20and interest on that bonded indebtedness then due and payable,
21and for no other purpose. The surplus, if any, in the Road Fund
22after the payment of principal and interest on that bonded
23indebtedness then annually due shall be used as follows:
24        first -- to pay the cost of administration of Chapters

 

 

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

 

 

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

 

 

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1    purposes of a grant not to exceed $3,825,000 to the
2    Regional Transportation Authority on behalf of PACE for the
3    purpose of ADA/Para-transit expenses; or, during fiscal
4    year 2018 only, for the purposes of a grant not to exceed
5    $3,825,000 to the Regional Transportation Authority on
6    behalf of PACE for the purpose of ADA/Para-transit
7    expenses; or, during fiscal year 2019 only, for the
8    purposes of a grant not to exceed $3,825,000 to the
9    Regional Transportation Authority on behalf of PACE for the
10    purpose of ADA/Para-transit expenses; or, during fiscal
11    year 2020 only, for the purposes of a grant not to exceed
12    $8,394,800 to the Regional Transportation Authority on
13    behalf of PACE for the purpose of ADA/Para-transit
14    expenses; or for any of those purposes or any other purpose
15    that may be provided by law.
16    Appropriations for any of those purposes are payable from
17the Road Fund. Appropriations may also be made from the Road
18Fund for the administrative expenses of any State agency that
19are related to motor vehicles or arise from the use of motor
20vehicles.
21    Beginning with fiscal year 1980 and thereafter, no Road
22Fund monies shall be appropriated to the following Departments
23or agencies of State government for administration, grants, or
24operations; but this limitation is not a restriction upon
25appropriating for those purposes any Road Fund monies that are
26eligible for federal reimbursement:

 

 

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1        1. Department of Public Health;
2        2. Department of Transportation, only with respect to
3    subsidies for one-half fare Student Transportation and
4    Reduced Fare for Elderly, except during fiscal year 2012
5    only when no more than $40,000,000 may be expended and
6    except during fiscal year 2013 only when no more than
7    $17,570,300 may be expended and except during fiscal year
8    2014 only when no more than $17,570,000 may be expended and
9    except during fiscal year 2015 only when no more than
10    $17,570,000 may be expended and except during fiscal year
11    2016 only when no more than $17,570,000 may be expended and
12    except during fiscal year 2017 only when no more than
13    $17,570,000 may be expended and except during fiscal year
14    2018 only when no more than $17,570,000 may be expended and
15    except during fiscal year 2019 only when no more than
16    $17,570,000 may be expended and except fiscal year 2020
17    only when no more than $17,570,000 may be expended;
18        3. Department of Central Management Services, except
19    for expenditures incurred for group insurance premiums of
20    appropriate personnel;
21        4. Judicial Systems and Agencies.
22    Beginning with fiscal year 1981 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

 

 

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1eligible for federal reimbursement:
2        1. Department of State Police, except for expenditures
3    with respect to the Division of Operations;
4        2. Department of Transportation, only with respect to
5    Intercity Rail Subsidies, except during fiscal year 2012
6    only when no more than $40,000,000 may be expended and
7    except during fiscal year 2013 only when no more than
8    $26,000,000 may be expended and except during fiscal year
9    2014 only when no more than $38,000,000 may be expended and
10    except during fiscal year 2015 only when no more than
11    $42,000,000 may be expended and except during fiscal year
12    2016 only when no more than $38,300,000 may be expended and
13    except during fiscal year 2017 only when no more than
14    $50,000,000 may be expended and except during fiscal year
15    2018 only when no more than $52,000,000 may be expended and
16    except during fiscal year 2019 only when no more than
17    $52,000,000 may be expended and except fiscal year 2020
18    only when no more than $50,000,000 may be expended, and
19    Rail Freight Services.
20    Beginning with fiscal year 1982 and thereafter, no Road
21Fund monies shall be appropriated to the following Departments
22or agencies of State government for administration, grants, or
23operations; but this limitation is not a restriction upon
24appropriating for those purposes any Road Fund monies that are
25eligible for federal reimbursement: Department of Central
26Management Services, except for awards made by the Illinois

 

 

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

 

 

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

 

 

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1    year 2012 only for the purposes of a grant not to exceed
2    $8,500,000 to the Regional Transportation Authority on
3    behalf of PACE for the purpose of ADA/Para-transit
4    expenses, or during fiscal year 2013 only for the purposes
5    of a grant not to exceed $3,825,000 to the Regional
6    Transportation Authority on behalf of PACE for the purpose
7    of ADA/Para-transit expenses, or during fiscal year 2014
8    only for the purposes of a grant not to exceed $3,825,000
9    to the Regional Transportation Authority on behalf of PACE
10    for the purpose of ADA/Para-transit expenses, or during
11    fiscal year 2015 only for the purposes of a grant not to
12    exceed $3,825,000 to the Regional Transportation Authority
13    on behalf of PACE for the purpose of ADA/Para-transit
14    expenses, or during fiscal year 2016 only for the purposes
15    of a grant not to exceed $3,825,000 to the Regional
16    Transportation Authority on behalf of PACE for the purpose
17    of ADA/Para-transit expenses, or during fiscal year 2017
18    only for the purposes of a grant not to exceed $3,825,000
19    to the Regional Transportation Authority on behalf of PACE
20    for the purpose of ADA/Para-transit expenses, or during
21    fiscal year 2018 only for the purposes of a grant not to
22    exceed $3,825,000 to the Regional Transportation Authority
23    on behalf of PACE for the purpose of ADA/Para-transit
24    expenses, or during fiscal year 2019 only for the purposes
25    of a grant not to exceed $3,825,000 to the Regional
26    Transportation Authority on behalf of PACE for the purpose

 

 

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1    of ADA/Para-transit expenses, or during fiscal year 2020
2    only for the purposes of a grant not to exceed $8,394,800
3    to the Regional Transportation Authority on behalf of PACE
4    for the purpose of ADA/Para-transit expenses, and the costs
5    for patrolling and policing the public highways (by State,
6    political subdivision, or municipality collecting that
7    money) for enforcement of traffic laws. The separation of
8    grades of such highways with railroads and costs associated
9    with protection of at-grade highway and railroad crossing
10    shall also be permissible.
11    Appropriations for any of such purposes are payable from
12the Road Fund or the Grade Crossing Protection Fund as provided
13in Section 8 of the Motor Fuel Tax Law.
14    Except as provided in this paragraph, beginning with fiscal
15year 1991 and thereafter, no Road Fund monies shall be
16appropriated to the Department of State Police for the purposes
17of this Section in excess of its total fiscal year 1990 Road
18Fund appropriations for those purposes unless otherwise
19provided in Section 5g of this Act. For fiscal years 2003,
202004, 2005, 2006, and 2007 only, no Road Fund monies shall be
21appropriated to the Department of State Police for the purposes
22of this Section in excess of $97,310,000. For fiscal year 2008
23only, no Road Fund monies shall be appropriated to the
24Department of State Police for the purposes of this Section in
25excess of $106,100,000. For fiscal year 2009 only, no Road Fund
26monies shall be appropriated to the Department of State Police

 

 

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1for the purposes of this Section in excess of $114,700,000.
2Beginning in fiscal year 2010, no road fund moneys shall be
3appropriated to the Department of State Police. It shall not be
4lawful to circumvent this limitation on appropriations by
5governmental reorganization or other methods unless otherwise
6provided in Section 5g of this Act.
7    In fiscal year 1994, no Road Fund monies shall be
8appropriated to the Secretary of State for the purposes of this
9Section in excess of the total fiscal year 1991 Road Fund
10appropriations to the Secretary of State for those purposes,
11plus $9,800,000. It shall not be lawful to circumvent this
12limitation on appropriations by governmental reorganization or
13other method.
14    Beginning with fiscal year 1995 and thereafter, no Road
15Fund monies shall be appropriated to the Secretary of State for
16the purposes of this Section in excess of the total fiscal year
171994 Road Fund appropriations to the Secretary of State for
18those purposes. It shall not be lawful to circumvent this
19limitation on appropriations by governmental reorganization or
20other methods.
21    Beginning with fiscal year 2000, total Road Fund
22appropriations to the Secretary of State for the purposes of
23this Section shall not exceed the amounts specified for the
24following fiscal years:
25    Fiscal Year 2000$80,500,000;
26    Fiscal Year 2001$80,500,000;

 

 

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1    Fiscal Year 2002$80,500,000;
2    Fiscal Year 2003$130,500,000;
3    Fiscal Year 2004$130,500,000;
4    Fiscal Year 2005$130,500,000;
5    Fiscal Year 2006 $130,500,000;
6    Fiscal Year 2007 $130,500,000;
7    Fiscal Year 2008$130,500,000;
8    Fiscal Year 2009 $130,500,000.
9    For fiscal year 2010, no road fund moneys shall be
10appropriated to the Secretary of State.
11    Beginning in fiscal year 2011, moneys in the Road Fund
12shall be appropriated to the Secretary of State for the
13exclusive purpose of paying refunds due to overpayment of fees
14related to Chapter 3 of the Illinois Vehicle Code unless
15otherwise provided for by law.
16    It shall not be lawful to circumvent this limitation on
17appropriations by governmental reorganization or other
18methods.
19    No new program may be initiated in fiscal year 1991 and
20thereafter that is not consistent with the limitations imposed
21by this Section for fiscal year 1984 and thereafter, insofar as
22appropriation of Road Fund monies is concerned.
23    Nothing in this Section prohibits transfers from the Road
24Fund to the State Construction Account Fund under Section 5e of
25this Act; nor to the General Revenue Fund, as authorized by
26Public Act 93-25.

 

 

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1    The additional amounts authorized for expenditure in this
2Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
3shall be repaid to the Road Fund from the General Revenue Fund
4in the next succeeding fiscal year that the General Revenue
5Fund has a positive budgetary balance, as determined by
6generally accepted accounting principles applicable to
7government.
8    The additional amounts authorized for expenditure by the
9Secretary of State and the Department of State Police in this
10Section by Public Act 94-91 shall be repaid to the Road Fund
11from the General Revenue Fund in the next succeeding fiscal
12year that the General Revenue Fund has a positive budgetary
13balance, as determined by generally accepted accounting
14principles applicable to government.
15(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
16100-587, eff. 6-4-18; 100-863, eff.8-14-18.)
 
17    (30 ILCS 105/8g)
18    Sec. 8g. Fund transfers.
19    (a) (Blank). In addition to any other transfers that may be
20provided for by law, as soon as may be practical after June 9,
211999 (the effective date of Public Act 91-25), the State
22Comptroller shall direct and the State Treasurer shall transfer
23the sum of $10,000,000 from the General Revenue Fund to the
24Motor Vehicle License Plate Fund created by Public Act 91-37.
25    (b) (Blank). In addition to any other transfers that may be

 

 

SB1814 Enrolled- 74 -LRB101 09785 HLH 54886 b

1provided for by law, as soon as may be practical after June 9,
21999 (the effective date of Public Act 91-25), the State
3Comptroller shall direct and the State Treasurer shall transfer
4the sum of $25,000,000 from the General Revenue Fund to the
5Fund for Illinois' Future created by Public Act 91-38.
6    (c) In addition to any other transfers that may be provided
7for by law, on August 30 of each fiscal year's license period,
8the Illinois Liquor Control Commission shall direct and the
9State Comptroller and State Treasurer shall transfer from the
10General Revenue Fund to the Youth Alcoholism and Substance
11Abuse Prevention Fund an amount equal to the number of retail
12liquor licenses issued for that fiscal year multiplied by $50.
13    (d) The payments to programs required under subsection (d)
14of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
15be made, pursuant to appropriation, from the special funds
16referred to in the statutes cited in that subsection, rather
17than directly from the General Revenue Fund.
18    Beginning January 1, 2000, on the first day of each month,
19or as soon as may be practical thereafter, the State
20Comptroller shall direct and the State Treasurer shall transfer
21from the General Revenue Fund to each of the special funds from
22which payments are to be made under subsection (d) of Section
2328.1 of the Illinois Horse Racing Act of 1975 an amount equal
24to 1/12 of the annual amount required for those payments from
25that special fund, which annual amount shall not exceed the
26annual amount for those payments from that special fund for the

 

 

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1calendar year 1998. The special funds to which transfers shall
2be made under this subsection (d) include, but are not
3necessarily limited to, the Agricultural Premium Fund; the
4Metropolitan Exposition, Auditorium and Office Building Fund;
5the Fair and Exposition Fund; the Illinois Standardbred
6Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
7Illinois Veterans' Rehabilitation Fund. Except for transfers
8attributable to prior fiscal years, during State fiscal year
92018 2020 only, no transfers shall be made from the General
10Revenue Fund to the Agricultural Premium Fund, the Fair and
11Exposition Fund, the Illinois Standardbred Breeders Fund, or
12the Illinois Thoroughbred Breeders Fund.
13    (e) (Blank). In addition to any other transfers that may be
14provided for by law, as soon as may be practical after May 17,
152000 (the effective date of Public Act 91-704), but in no event
16later than June 30, 2000, the State Comptroller shall direct
17and the State Treasurer shall transfer the sum of $15,000,000
18from the General Revenue Fund to the Fund for Illinois' Future.
19    (f) (Blank). In addition to any other transfers that may be
20provided for by law, as soon as may be practical after May 17,
212000 (the effective date of Public Act 91-704), but in no event
22later than June 30, 2000, the State Comptroller shall direct
23and the State Treasurer shall transfer the sum of $70,000,000
24from the General Revenue Fund to the Long-Term Care Provider
25Fund.
26    (f-1) (Blank). In fiscal year 2002, in addition to any

 

 

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1other transfers that may be provided for by law, at the
2direction of and upon notification from the Governor, the State
3Comptroller shall direct and the State Treasurer shall transfer
4amounts not exceeding a total of $160,000,000 from the General
5Revenue Fund to the Long-Term Care Provider Fund.
6    (g) (Blank). In addition to any other transfers that may be
7provided for by law, on July 1, 2001, or as soon thereafter as
8may be practical, the State Comptroller shall direct and the
9State Treasurer shall transfer the sum of $1,200,000 from the
10General Revenue Fund to the Violence Prevention Fund.
11    (h) (Blank). In each of fiscal years 2002 through 2004, but
12not thereafter, in addition to any other transfers that may be
13provided for by law, the State Comptroller shall direct and the
14State Treasurer shall transfer $5,000,000 from the General
15Revenue Fund to the Tourism Promotion Fund.
16    (i) (Blank). On or after July 1, 2001 and until May 1,
172002, in addition to any other transfers that may be provided
18for by law, at the direction of and upon notification from the
19Governor, the State Comptroller shall direct and the State
20Treasurer shall transfer amounts not exceeding a total of
21$80,000,000 from the General Revenue Fund to the Tobacco
22Settlement Recovery Fund. Any amounts so transferred shall be
23re-transferred by the State Comptroller and the State Treasurer
24from the Tobacco Settlement Recovery Fund to the General
25Revenue Fund at the direction of and upon notification from the
26Governor, but in any event on or before June 30, 2002.

 

 

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1    (i-1) (Blank). On or after July 1, 2002 and until May 1,
22003, in addition to any other transfers that may be provided
3for by law, at the direction of and upon notification from the
4Governor, the State Comptroller shall direct and the State
5Treasurer shall transfer amounts not exceeding a total of
6$80,000,000 from the General Revenue Fund to the Tobacco
7Settlement Recovery Fund. Any amounts so transferred shall be
8re-transferred by the State Comptroller and the State Treasurer
9from the Tobacco Settlement Recovery Fund to the General
10Revenue Fund at the direction of and upon notification from the
11Governor, but in any event on or before June 30, 2003.
12    (j) (Blank). On or after July 1, 2001 and no later than
13June 30, 2002, in addition to any other transfers that may be
14provided for by law, at the direction of and upon notification
15from the Governor, the State Comptroller shall direct and the
16State Treasurer shall transfer amounts not to exceed the
17following sums into the Statistical Services Revolving Fund:
18    From the General Revenue Fund.................$8,450,000
19    From the Public Utility Fund..................1,700,000
20    From the Transportation Regulatory Fund.......2,650,000
21    From the Title III Social Security and
22     Employment Fund...............................3,700,000
23    From the Professions Indirect Cost Fund.......4,050,000
24    From the Underground Storage Tank Fund........550,000
25    From the Agricultural Premium Fund............750,000
26    From the State Pensions Fund..................200,000

 

 

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1    From the Road Fund............................2,000,000
2    From the Illinois Health Facilities
3     Planning Fund.................................1,000,000
4    From the Savings and Residential Finance
5     Regulatory Fund...............................130,800
6    From the Appraisal Administration Fund........28,600
7    From the Pawnbroker Regulation Fund...........3,600
8    From the Auction Regulation
9     Administration Fund...........................35,800
10    From the Bank and Trust Company Fund..........634,800
11    From the Real Estate License
12     Administration Fund...........................313,600
13    (k) (Blank). In addition to any other transfers that may be
14provided for by law, as soon as may be practical after December
1520, 2001 (the effective date of Public Act 92-505), the State
16Comptroller shall direct and the State Treasurer shall transfer
17the sum of $2,000,000 from the General Revenue Fund to the
18Teachers Health Insurance Security Fund.
19    (k-1) (Blank). In addition to any other transfers that may
20be provided for by law, on July 1, 2002, or as soon as may be
21practical thereafter, the State Comptroller shall direct and
22the State Treasurer shall transfer the sum of $2,000,000 from
23the General Revenue Fund to the Teachers Health Insurance
24Security Fund.
25    (k-2) (Blank). In addition to any other transfers that may
26be provided for by law, on July 1, 2003, or as soon as may be

 

 

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1practical thereafter, the State Comptroller shall direct and
2the State Treasurer shall transfer the sum of $2,000,000 from
3the General Revenue Fund to the Teachers Health Insurance
4Security Fund.
5    (k-3) (Blank). On or after July 1, 2002 and no later than
6June 30, 2003, in addition to any other transfers that may be
7provided for by law, at the direction of and upon notification
8from the Governor, the State Comptroller shall direct and the
9State Treasurer shall transfer amounts not to exceed the
10following sums into the Statistical Services Revolving Fund:
11    Appraisal Administration Fund.................$150,000
12    General Revenue Fund..........................10,440,000
13    Savings and Residential Finance
14        Regulatory Fund...........................200,000
15    State Pensions Fund...........................100,000
16    Bank and Trust Company Fund...................100,000
17    Professions Indirect Cost Fund................3,400,000
18    Public Utility Fund...........................2,081,200
19    Real Estate License Administration Fund.......150,000
20    Title III Social Security and
21        Employment Fund...........................1,000,000
22    Transportation Regulatory Fund................3,052,100
23    Underground Storage Tank Fund.................50,000
24    (l) (Blank). In addition to any other transfers that may be
25provided for by law, on July 1, 2002, or as soon as may be
26practical thereafter, the State Comptroller shall direct and

 

 

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1the State Treasurer shall transfer the sum of $3,000,000 from
2the General Revenue Fund to the Presidential Library and Museum
3Operating Fund.
4    (m) (Blank). In addition to any other transfers that may be
5provided for by law, on July 1, 2002 and on January 8, 2004
6(the effective date of Public Act 93-648), or as soon
7thereafter as may be practical, the State Comptroller shall
8direct and the State Treasurer shall transfer the sum of
9$1,200,000 from the General Revenue Fund to the Violence
10Prevention Fund.
11    (n) (Blank). In addition to any other transfers that may be
12provided for by law, on July 1, 2003, or as soon thereafter as
13may be practical, the State Comptroller shall direct and the
14State Treasurer shall transfer the sum of $6,800,000 from the
15General Revenue Fund to the DHS Recoveries Trust Fund.
16    (o) (Blank). On or after July 1, 2003, and no later than
17June 30, 2004, in addition to any other transfers that may be
18provided for by law, at the direction of and upon notification
19from the Governor, the State Comptroller shall direct and the
20State Treasurer shall transfer amounts not to exceed the
21following sums into the Vehicle Inspection Fund:
22    From the Underground Storage Tank Fund .......$35,000,000.
23    (p) (Blank). On or after July 1, 2003 and until May 1,
242004, 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

 

 

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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
4re-transferred from the Tobacco Settlement Recovery Fund to the
5General Revenue Fund at the direction of and upon notification
6from the Governor, but in any event on or before June 30, 2004.
7    (q) (Blank). In addition to any other transfers that may be
8provided for by law, on July 1, 2003, or as soon as may be
9practical thereafter, the State Comptroller shall direct and
10the State Treasurer shall transfer the sum of $5,000,000 from
11the General Revenue Fund to the Illinois Military Family Relief
12Fund.
13    (r) (Blank). In addition to any other transfers that may be
14provided for by law, on July 1, 2003, or as soon as may be
15practical thereafter, the State Comptroller shall direct and
16the State Treasurer shall transfer the sum of $1,922,000 from
17the General Revenue Fund to the Presidential Library and Museum
18Operating Fund.
19    (s) (Blank). In addition to any other transfers that may be
20provided for by law, on or after July 1, 2003, the State
21Comptroller shall direct and the State Treasurer shall transfer
22the sum of $4,800,000 from the Statewide Economic Development
23Fund to the General Revenue Fund.
24    (t) (Blank). In addition to any other transfers that may be
25provided for by law, on or after July 1, 2003, the State
26Comptroller shall direct and the State Treasurer shall transfer

 

 

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1the sum of $50,000,000 from the General Revenue Fund to the
2Budget Stabilization Fund.
3    (u) (Blank). On or after July 1, 2004 and until May 1,
42005, in addition to any other transfers that may be provided
5for by law, at the direction of and upon notification from the
6Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts not exceeding a total of
8$80,000,000 from the General Revenue Fund to the Tobacco
9Settlement Recovery Fund. Any amounts so transferred shall be
10retransferred by the State Comptroller and the State Treasurer
11from the Tobacco Settlement Recovery Fund to the General
12Revenue Fund at the direction of and upon notification from the
13Governor, but in any event on or before June 30, 2005.
14    (v) (Blank). In addition to any other transfers that may be
15provided for by law, on July 1, 2004, or as soon thereafter as
16may be practical, the State Comptroller shall direct and the
17State Treasurer shall transfer the sum of $1,200,000 from the
18General Revenue Fund to the Violence Prevention Fund.
19    (w) (Blank). In addition to any other transfers that may be
20provided for by law, on July 1, 2004, or as soon thereafter as
21may be practical, the State Comptroller shall direct and the
22State Treasurer shall transfer the sum of $6,445,000 from the
23General Revenue Fund to the Presidential Library and Museum
24Operating Fund.
25    (x) (Blank). In addition to any other transfers that may be
26provided for by law, on January 15, 2005, or as soon thereafter

 

 

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1as may be practical, the State Comptroller shall direct and the
2State Treasurer shall transfer to the General Revenue Fund the
3following sums:
4        From the State Crime Laboratory Fund, $200,000;
5        From the State Police Wireless Service Emergency Fund,
6    $200,000;
7        From the State Offender DNA Identification System
8    Fund, $800,000; and
9        From the State Police Whistleblower Reward and
10    Protection Fund, $500,000.
11    (y) (Blank). Notwithstanding any other provision of law to
12the contrary, in addition to any other transfers that may be
13provided for by law on June 30, 2005, or as soon as may be
14practical thereafter, the State Comptroller shall direct and
15the State Treasurer shall transfer the remaining balance from
16the designated funds into the General Revenue Fund and any
17future deposits that would otherwise be made into these funds
18must instead be made into the General Revenue Fund:
19        (1) the Keep Illinois Beautiful Fund;
20        (2) the Metropolitan Fair and Exposition Authority
21    Reconstruction Fund;
22        (3) the New Technology Recovery Fund;
23        (4) the Illinois Rural Bond Bank Trust Fund;
24        (5) the ISBE School Bus Driver Permit Fund;
25        (6) the Solid Waste Management Revolving Loan Fund;
26        (7) the State Postsecondary Review Program Fund;

 

 

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1        (8) the Tourism Attraction Development Matching Grant
2    Fund;
3        (9) the Patent and Copyright Fund;
4        (10) the Credit Enhancement Development Fund;
5        (11) the Community Mental Health and Developmental
6    Disabilities Services Provider Participation Fee Trust
7    Fund;
8        (12) the Nursing Home Grant Assistance Fund;
9        (13) the By-product Material Safety Fund;
10        (14) the Illinois Student Assistance Commission Higher
11    EdNet Fund;
12        (15) the DORS State Project Fund;
13        (16) the School Technology Revolving Fund;
14        (17) the Energy Assistance Contribution Fund;
15        (18) the Illinois Building Commission Revolving Fund;
16        (19) the Illinois Aquaculture Development Fund;
17        (20) the Homelessness Prevention Fund;
18        (21) the DCFS Refugee Assistance Fund;
19        (22) the Illinois Century Network Special Purposes
20    Fund; and
21        (23) the Build Illinois Purposes Fund.
22    (z) (Blank). In addition to any other transfers that may be
23provided for by law, on July 1, 2005, or as soon as may be
24practical thereafter, the State Comptroller shall direct and
25the State Treasurer shall transfer the sum of $1,200,000 from
26the General Revenue Fund to the Violence Prevention Fund.

 

 

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1    (aa) (Blank). In addition to any other transfers that may
2be provided for by law, on July 1, 2005, or as soon as may be
3practical thereafter, the State Comptroller shall direct and
4the State Treasurer shall transfer the sum of $9,000,000 from
5the General Revenue Fund to the Presidential Library and Museum
6Operating Fund.
7    (bb) (Blank). In addition to any other transfers that may
8be provided for by law, on July 1, 2005, or as soon as may be
9practical thereafter, the State Comptroller shall direct and
10the State Treasurer shall transfer the sum of $6,803,600 from
11the General Revenue Fund to the Securities Audit and
12Enforcement Fund.
13    (cc) (Blank). In addition to any other transfers that may
14be provided for by law, on or after July 1, 2005 and until May
151, 2006, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts not exceeding a total of
18$80,000,000 from the General Revenue Fund to the Tobacco
19Settlement Recovery Fund. Any amounts so transferred shall be
20re-transferred by the State Comptroller and the State Treasurer
21from the Tobacco Settlement Recovery Fund to the General
22Revenue Fund at the direction of and upon notification from the
23Governor, but in any event on or before June 30, 2006.
24    (dd) (Blank). In addition to any other transfers that may
25be provided for by law, on April 1, 2005, or as soon thereafter
26as may be practical, at the direction of the Director of Public

 

 

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1Aid (now Director of Healthcare and Family Services), the State
2Comptroller shall direct and the State Treasurer shall transfer
3from the Public Aid Recoveries Trust Fund amounts not to exceed
4$14,000,000 to the Community Mental Health Medicaid Trust Fund.
5    (ee) (Blank). Notwithstanding any other provision of law,
6on July 1, 2006, or as soon thereafter as practical, the State
7Comptroller shall direct and the State Treasurer shall transfer
8the remaining balance from the Illinois Civic Center Bond Fund
9to the Illinois Civic Center Bond Retirement and Interest Fund.
10    (ff) (Blank). In addition to any other transfers that may
11be provided for by law, on and after July 1, 2006 and until
12June 30, 2007, at the direction of and upon notification from
13the Director of the Governor's Office of Management and Budget,
14the State Comptroller shall direct and the State Treasurer
15shall transfer amounts not exceeding a total of $1,900,000 from
16the General Revenue Fund to the Illinois Capital Revolving Loan
17Fund.
18    (gg) (Blank). In addition to any other transfers that may
19be provided for by law, on and after July 1, 2006 and until May
201, 2007, 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$80,000,000 from the General Revenue Fund to the Tobacco
24Settlement Recovery Fund. Any amounts so transferred shall be
25retransferred by the State Comptroller and the State Treasurer
26from the Tobacco Settlement Recovery Fund to the General

 

 

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1Revenue Fund at the direction of and upon notification from the
2Governor, but in any event on or before June 30, 2007.
3    (hh) (Blank). In addition to any other transfers that may
4be provided for by law, on and after July 1, 2006 and until
5June 30, 2007, at the direction of and upon notification from
6the Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts from the Illinois Affordable
8Housing Trust Fund to the designated funds not exceeding the
9following amounts:
10    DCFS Children's Services Fund..................$2,200,000
11    Department of Corrections Reimbursement
12        and Education Fund.........................$1,500,000
13    Supplemental Low-Income Energy
14        Assistance Fund...............................$75,000
15    (ii) (Blank). In addition to any other transfers that may
16be provided for by law, on or before August 31, 2006, the
17Governor and the State Comptroller may agree to transfer the
18surplus cash balance from the General Revenue Fund to the
19Budget Stabilization Fund and the Pension Stabilization Fund in
20equal proportions. The determination of the amount of the
21surplus cash balance shall be made by the Governor, with the
22concurrence of the State Comptroller, after taking into account
23the June 30, 2006 balances in the general funds and the actual
24or estimated spending from the general funds during the lapse
25period. Notwithstanding the foregoing, the maximum amount that
26may be transferred under this subsection (ii) is $50,000,000.

 

 

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1    (jj) (Blank). In addition to any other transfers that may
2be provided for by law, on July 1, 2006, or as soon thereafter
3as practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $8,250,000 from the General
5Revenue Fund to the Presidential Library and Museum Operating
6Fund.
7    (kk) (Blank). In addition to any other transfers that may
8be provided for by law, on July 1, 2006, or as soon thereafter
9as practical, 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    (ll) (Blank). In addition to any other transfers that may
13be provided for by law, on the first day of each calendar
14quarter of the fiscal year beginning July 1, 2006, or as soon
15thereafter as practical, the State Comptroller shall direct and
16the State Treasurer shall transfer from the General Revenue
17Fund amounts equal to one-fourth of $20,000,000 to the
18Renewable Energy Resources Trust Fund.
19    (mm) (Blank). In addition to any other transfers that may
20be provided for by law, on July 1, 2006, or as soon thereafter
21as practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,320,000 from the General
23Revenue Fund to the I-FLY Fund.
24    (nn) (Blank). In addition to any other transfers that may
25be provided for by law, on July 1, 2006, or as soon thereafter
26as practical, the State Comptroller shall direct and the State

 

 

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1Treasurer shall transfer the sum of $3,000,000 from the General
2Revenue Fund to the African-American HIV/AIDS Response Fund.
3    (oo) (Blank). In addition to any other transfers that may
4be provided for by law, on and after July 1, 2006 and until
5June 30, 2007, at the direction of and upon notification from
6the Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts identified as net receipts
8from the sale of all or part of the Illinois Student Assistance
9Commission loan portfolio from the Student Loan Operating Fund
10to the General Revenue Fund. The maximum amount that may be
11transferred pursuant to this Section is $38,800,000. In
12addition, no transfer may be made pursuant to this Section that
13would have the effect of reducing the available balance in the
14Student Loan Operating Fund to an amount less than the amount
15remaining unexpended and unreserved from the total
16appropriations from the Fund estimated to be expended for the
17fiscal year. The State Treasurer and Comptroller shall transfer
18the amounts designated under this Section as soon as may be
19practical after receiving the direction to transfer from the
20Governor.
21    (pp) (Blank). In addition to any other transfers that may
22be provided for by law, on July 1, 2006, or as soon thereafter
23as practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $2,000,000 from the General
25Revenue Fund to the Illinois Veterans Assistance Fund.
26    (qq) (Blank). In addition to any other transfers that may

 

 

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

 

 

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1Revenue Fund to the Presidential Library and Museum Operating
2Fund.
3    (tt) (Blank). In addition to any other transfers that may
4be provided for by law, on July 1, 2007, or as soon thereafter
5as practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $1,400,000 from the General
7Revenue Fund to the Violence Prevention Fund.
8    (uu) (Blank). In addition to any other transfers that may
9be provided for by law, on July 1, 2007, or as soon thereafter
10as practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $1,320,000 from the General
12Revenue Fund to the I-FLY Fund.
13    (vv) (Blank). In addition to any other transfers that may
14be provided for by law, on July 1, 2007, or as soon thereafter
15as practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $3,000,000 from the General
17Revenue Fund to the African-American HIV/AIDS Response Fund.
18    (ww) (Blank). In addition to any other transfers that may
19be provided for by law, on July 1, 2007, or as soon thereafter
20as practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $3,500,000 from the General
22Revenue Fund to the Predatory Lending Database Program Fund.
23    (xx) (Blank). In addition to any other transfers that may
24be provided for by law, on July 1, 2007, or as soon thereafter
25as practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

 

 

SB1814 Enrolled- 92 -LRB101 09785 HLH 54886 b

1Revenue Fund to the Digital Divide Elimination Fund.
2    (yy) (Blank). In addition to any other transfers that may
3be provided for by law, on July 1, 2007, or as soon thereafter
4as practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $4,000,000 from the General
6Revenue Fund to the Digital Divide Elimination Infrastructure
7Fund.
8    (zz) (Blank). In addition to any other transfers that may
9be provided for by law, on July 1, 2008, or as soon thereafter
10as practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $5,000,000 from the General
12Revenue Fund to the Digital Divide Elimination Fund.
13    (aaa) (Blank). In addition to any other transfers that may
14be provided for by law, on and after July 1, 2008 and until May
151, 2009, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts not exceeding a total of
18$80,000,000 from the General Revenue Fund to the Tobacco
19Settlement Recovery Fund. Any amounts so transferred shall be
20retransferred by the State Comptroller and the State Treasurer
21from the Tobacco Settlement Recovery Fund to the General
22Revenue Fund at the direction of and upon notification from the
23Governor, but in any event on or before June 30, 2009.
24    (bbb) (Blank). In addition to any other transfers that may
25be provided for by law, on and after July 1, 2008 and until
26June 30, 2009, at the direction of and upon notification from

 

 

SB1814 Enrolled- 93 -LRB101 09785 HLH 54886 b

1the Governor, the State Comptroller shall direct and the State
2Treasurer shall transfer amounts from the Illinois Affordable
3Housing Trust Fund to the designated funds not exceeding the
4following amounts:
5        DCFS Children's Services Fund..............$2,200,000
6        Department of Corrections Reimbursement
7        and Education Fund.........................$1,500,000
8        Supplemental Low-Income Energy
9        Assistance Fund...............................$75,000
10    (ccc) (Blank). In addition to any other transfers that may
11be provided for by law, on July 1, 2008, or as soon thereafter
12as practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $7,450,000 from the General
14Revenue Fund to the Presidential Library and Museum Operating
15Fund.
16    (ddd) (Blank). In addition to any other transfers that may
17be provided for by law, on July 1, 2008, or as soon thereafter
18as practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $1,400,000 from the General
20Revenue Fund to the Violence Prevention Fund.
21    (eee) (Blank). In addition to any other transfers that may
22be provided for by law, on July 1, 2009, or as soon thereafter
23as practical, 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    (fff) (Blank). In addition to any other transfers that may

 

 

SB1814 Enrolled- 94 -LRB101 09785 HLH 54886 b

1be provided for by law, on and after July 1, 2009 and until May
21, 2010, 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, 2010.
11    (ggg) (Blank). In addition to any other transfers that may
12be provided for by law, on July 1, 2009, or as soon thereafter
13as practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $7,450,000 from the General
15Revenue Fund to the Presidential Library and Museum Operating
16Fund.
17    (hhh) (Blank). In addition to any other transfers that may
18be provided for by law, on July 1, 2009, or as soon thereafter
19as practical, 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    (iii) (Blank). In addition to any other transfers that may
23be provided for by law, on July 1, 2009, or as soon thereafter
24as practical, 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.

 

 

SB1814 Enrolled- 95 -LRB101 09785 HLH 54886 b

1    (jjj) (Blank). In addition to any other transfers that may
2be provided for by law, on and after July 1, 2009 and until
3June 30, 2010, at the direction of and upon notification from
4the Governor, the State Comptroller shall direct and the State
5Treasurer shall transfer amounts not exceeding a total of
6$17,000,000 from the General Revenue Fund to the DCFS
7Children's Services Fund.
8    (lll) (Blank). In addition to any other transfers that may
9be provided for by law, on July 1, 2009, or as soon thereafter
10as practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $5,000,000 from the General
12Revenue Fund to the Communications Revolving Fund.
13    (mmm) (Blank). In addition to any other transfers that may
14be provided for by law, on July 1, 2009, or as soon thereafter
15as practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $9,700,000 from the General
17Revenue Fund to the Senior Citizens Real Estate Deferred Tax
18Revolving Fund.
19    (nnn) (Blank). In addition to any other transfers that may
20be provided for by law, on July 1, 2009, or as soon thereafter
21as practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $565,000 from the FY09
23Budget Relief Fund to the Horse Racing Fund.
24    (ooo) (Blank). In addition to any other transfers that may
25be provided by law, on July 1, 2009, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

SB1814 Enrolled- 96 -LRB101 09785 HLH 54886 b

1Treasurer shall transfer the sum of $600,000 from the General
2Revenue Fund to the Temporary Relocation Expenses Revolving
3Fund.
4    (ppp) (Blank). In addition to any other transfers that may
5be provided for by law, on July 1, 2010, or as soon thereafter
6as practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $5,000,000 from the General
8Revenue Fund to the Digital Divide Elimination Fund.
9    (qqq) (Blank). In addition to any other transfers that may
10be provided for by law, on and after July 1, 2010 and until May
111, 2011, 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, 2011.
20    (rrr) (Blank). In addition to any other transfers that may
21be provided for by law, on July 1, 2010, or as soon thereafter
22as practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $6,675,000 from the General
24Revenue Fund to the Presidential Library and Museum Operating
25Fund.
26    (sss) (Blank). In addition to any other transfers that may

 

 

SB1814 Enrolled- 97 -LRB101 09785 HLH 54886 b

1be provided for by law, on July 1, 2010, or as soon thereafter
2as practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $1,400,000 from the General
4Revenue Fund to the Violence Prevention Fund.
5    (ttt) (Blank). In addition to any other transfers that may
6be provided for by law, on July 1, 2010, or as soon thereafter
7as practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $100,000 from the General
9Revenue Fund to the Heartsaver AED Fund.
10    (uuu) (Blank). In addition to any other transfers that may
11be provided for by law, on July 1, 2010, or as soon thereafter
12as practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $5,000,000 from the General
14Revenue Fund to the Communications Revolving Fund.
15    (vvv) (Blank). In addition to any other transfers that may
16be provided for by law, on July 1, 2010, or as soon thereafter
17as practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $3,000,000 from the General
19Revenue Fund to the Illinois Capital Revolving Loan Fund.
20    (www) (Blank). In addition to any other transfers that may
21be provided for by law, on July 1, 2010, or as soon thereafter
22as practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $17,000,000 from the
24General Revenue Fund to the DCFS Children's Services Fund.
25    (xxx) (Blank). In addition to any other transfers that may
26be provided for by law, on July 1, 2010, or as soon thereafter

 

 

SB1814 Enrolled- 98 -LRB101 09785 HLH 54886 b

1as practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $2,000,000 from the Digital
3Divide Elimination Infrastructure Fund, of which $1,000,000
4shall go to the Workforce, Technology, and Economic Development
5Fund and $1,000,000 to the Public Utility Fund.
6    (yyy) (Blank). In addition to any other transfers that may
7be provided for by law, on and after July 1, 2011 and until May
81, 2012, at the direction of and upon notification from the
9Governor, the State Comptroller shall direct and the State
10Treasurer shall transfer amounts not exceeding a total of
11$80,000,000 from the General Revenue Fund to the Tobacco
12Settlement Recovery Fund. Any amounts so transferred shall be
13retransferred by the State Comptroller and the State Treasurer
14from the Tobacco Settlement Recovery Fund to the General
15Revenue Fund at the direction of and upon notification from the
16Governor, but in any event on or before June 30, 2012.
17    (zzz) (Blank). In addition to any other transfers that may
18be provided for by law, on July 1, 2011, or as soon thereafter
19as practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $1,000,000 from the General
21Revenue Fund to the Illinois Veterans Assistance Fund.
22    (aaaa) (Blank). In addition to any other transfers that may
23be provided for by law, on July 1, 2011, or as soon thereafter
24as practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $8,000,000 from the General
26Revenue Fund to the Presidential Library and Museum Operating

 

 

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1Fund.
2    (bbbb) (Blank). In addition to any other transfers that may
3be provided for by law, on July 1, 2011, or as soon thereafter
4as practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $1,400,000 from the General
6Revenue Fund to the Violence Prevention Fund.
7    (cccc) (Blank). In addition to any other transfers that may
8be provided for by law, on July 1, 2011, or as soon thereafter
9as practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $14,100,000 from the
11General Revenue Fund to the State Garage Revolving Fund.
12    (dddd) (Blank). In addition to any other transfers that may
13be provided for by law, on July 1, 2011, or as soon thereafter
14as practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $4,000,000 from the General
16Revenue Fund to the Digital Divide Elimination Fund.
17    (eeee) (Blank). In addition to any other transfers that may
18be provided for by law, on July 1, 2011, or as soon thereafter
19as practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $500,000 from the General
21Revenue Fund to the Senior Citizens Real Estate Deferred Tax
22Revolving Fund.
23(Source: P.A. 99-933, eff. 1-27-17; 100-23, eff. 7-6-17;
24100-201, eff. 8-18-17; 100-863, eff. 8-14-18.)
 
25    (30 ILCS 105/8g-1)

 

 

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1    Sec. 8g-1. Fund transfers.
2    (a) (Blank).
3    (b) (Blank).
4    (c) (Blank).
5    (d) (Blank).
6    (e) (Blank).
7    (f) (Blank).
8    (g) (Blank).
9    (h) (Blank).
10    (i) (Blank).
11    (j) (Blank).
12    (k) (Blank). In addition to any other transfers that may be
13provided for by law, on July 1, 2017, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $500,000 from the General
16Revenue Fund to the Grant Accountability and Transparency Fund.
17    (l) (Blank). In addition to any other transfers that may be
18provided for by law, on July 1, 2018, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $800,000 from the General
21Revenue Fund to the Grant Accountability and Transparency Fund.
22    (m) (Blank). In addition to any other transfers that may be
23provided for by law, on July 1, 2018, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $650,000 from the Capital
26Development Board Contributory Trust Fund to the Facility

 

 

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1Management Revolving Fund.
2    (m) In addition to any other transfers that may be provided
3for by law, on July 1, 2018, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $2,750,000 from the Capital
6Development Board Contributory Trust Fund to the U.S.
7Environmental Protection Fund.
8    (n) In addition to any other transfers that may be provided
9for by law, on July 1, 2019, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $800,000 from the General
12Revenue Fund to the Grant Accountability and Transparency Fund.
13    (o) In addition to any other transfers that may be provided
14for by law, on July 1, 2019, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $60,000,000 from the
17Tourism Promotion Fund to the General Revenue Fund.
18    (p) In addition to any other transfers that may be provided
19for by law, on July 1, 2019, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer amounts from the State Police
22Whistleblower Reward and Protection Fund to the designated fund
23not exceeding the following amount:
24    Firearm Dealer License Certification Fund......$5,000,000
25    (q) In addition to any other transfers that may be provided
26for by law, on July 1, 2019, or as soon thereafter as

 

 

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1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $500,000 from the General
3Revenue Fund to the Governor's Administrative Fund.
4(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
5    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
6    Sec. 13.2. Transfers among line item appropriations.
7    (a) Transfers among line item appropriations from the same
8treasury fund for the objects specified in this Section may be
9made in the manner provided in this Section when the balance
10remaining in one or more such line item appropriations is
11insufficient for the purpose for which the appropriation was
12made.
13    (a-1) No transfers may be made from one agency to another
14agency, nor may transfers be made from one institution of
15higher education to another institution of higher education
16except as provided by subsection (a-4).
17    (a-2) Except as otherwise provided in this Section,
18transfers may be made only among the objects of expenditure
19enumerated in this Section, except that no funds may be
20transferred from any appropriation for personal services, from
21any appropriation for State contributions to the State
22Employees' Retirement System, from any separate appropriation
23for employee retirement contributions paid by the employer, nor
24from any appropriation for State contribution for employee
25group insurance. During State fiscal year 2005, an agency may

 

 

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1transfer amounts among its appropriations within the same
2treasury fund for personal services, employee retirement
3contributions paid by employer, and State Contributions to
4retirement systems; notwithstanding and in addition to the
5transfers authorized in subsection (c) of this Section, the
6fiscal year 2005 transfers authorized in this sentence may be
7made in an amount not to exceed 2% of the aggregate amount
8appropriated to an agency within the same treasury fund. During
9State fiscal year 2007, the Departments of Children and Family
10Services, Corrections, Human Services, and Juvenile Justice
11may transfer amounts among their respective appropriations
12within the same treasury fund for personal services, employee
13retirement contributions paid by employer, and State
14contributions to retirement systems. During State fiscal year
152010, the Department of Transportation may transfer amounts
16among their respective appropriations within the same treasury
17fund for personal services, employee retirement contributions
18paid by employer, and State contributions to retirement
19systems. During State fiscal years 2010 and 2014 only, an
20agency may transfer amounts among its respective
21appropriations within the same treasury fund for personal
22services, employee retirement contributions paid by employer,
23and State contributions to retirement systems.
24Notwithstanding, and in addition to, the transfers authorized
25in subsection (c) of this Section, these transfers may be made
26in an amount not to exceed 2% of the aggregate amount

 

 

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

 

 

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

 

 

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1    The Department of Children and Family Services is
2authorized to make transfers not exceeding 2% of the aggregate
3amount appropriated to it within the same treasury fund for the
4following line items among these same line items: Foster Home
5and Specialized Foster Care and Prevention, Institutions and
6Group Homes and Prevention, and Purchase of Adoption and
7Guardianship Services.
8    The Department on Aging is authorized to make transfers not
9exceeding 2% of the aggregate amount appropriated to it within
10the same treasury fund for the following Community Care Program
11line items among these same line items: purchase of services
12covered by the Community Care Program and Comprehensive Case
13Coordination.
14    The State Treasurer is authorized to make transfers among
15line item appropriations from the Capital Litigation Trust
16Fund, with respect to costs incurred in fiscal years 2002 and
172003 only, when the balance remaining in one or more such line
18item appropriations is insufficient for the purpose for which
19the appropriation was made, provided that no such transfer may
20be made unless the amount transferred is no longer required for
21the purpose for which that appropriation was made.
22    The State Board of Education is authorized to make
23transfers from line item appropriations within the same
24treasury fund for General State Aid, General State Aid - Hold
25Harmless, and Evidence-Based Funding, provided that no such
26transfer may be made unless the amount transferred is no longer

 

 

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1required for the purpose for which that appropriation was made,
2to the line item appropriation for Transitional Assistance when
3the balance remaining in such line item appropriation is
4insufficient for the purpose for which the appropriation was
5made.
6    The State Board of Education is authorized to make
7transfers between the following line item appropriations
8within the same treasury fund: Disabled Student
9Services/Materials (Section 14-13.01 of the School Code),
10Disabled Student Transportation Reimbursement (Section
1114-13.01 of the School Code), Disabled Student Tuition -
12Private Tuition (Section 14-7.02 of the School Code),
13Extraordinary Special Education (Section 14-7.02b of the
14School Code), Reimbursement for Free Lunch/Breakfast Program,
15Summer School Payments (Section 18-4.3 of the School Code), and
16Transportation - Regular/Vocational Reimbursement (Section
1729-5 of the School Code). Such transfers shall be made only
18when the balance remaining in one or more such line item
19appropriations is insufficient for the purpose for which the
20appropriation was made and provided that no such transfer may
21be made unless the amount transferred is no longer required for
22the purpose for which that appropriation was made.
23    The Department of Healthcare and Family Services is
24authorized to make transfers not exceeding 4% of the aggregate
25amount appropriated to it, within the same treasury fund, among
26the various line items appropriated for Medical Assistance.

 

 

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1    (c) The sum of such transfers for an agency in a fiscal
2year shall not exceed 2% of the aggregate amount appropriated
3to it within the same treasury fund for the following objects:
4Personal Services; Extra Help; Student and Inmate
5Compensation; State Contributions to Retirement Systems; State
6Contributions to Social Security; State Contribution for
7Employee Group Insurance; Contractual Services; Travel;
8Commodities; Printing; Equipment; Electronic Data Processing;
9Operation of Automotive Equipment; Telecommunications
10Services; Travel and Allowance for Committed, Paroled and
11Discharged Prisoners; Library Books; Federal Matching Grants
12for Student Loans; Refunds; Workers' Compensation,
13Occupational Disease, and Tort Claims; Late Interest Penalties
14under the State Prompt Payment Act and Sections 368a and 370a
15of the Illinois Insurance Code; and, in appropriations to
16institutions 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) (Blank). Special provisions for State fiscal year
252003. Notwithstanding any other provision of this Section to
26the contrary, for State fiscal year 2003 only, transfers among

 

 

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1line item appropriations to an agency from the same treasury
2fund may 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) (Blank). Special provisions for State fiscal year
202005. Notwithstanding subsections (a), (a-2), and (c), for
21State fiscal year 2005 only, transfers may be made among any
22line item appropriations from the same or any other treasury
23fund for 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

 

 

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1agency shall not exceed 4% of the aggregate amount appropriated
2to that State agency for fiscal year 2005.
3    (c-3) (Blank). Special provisions for State fiscal year
42015. Notwithstanding any other provision of this Section, for
5State fiscal year 2015, transfers among line item
6appropriations to a State agency from the same State treasury
7fund may be made for operational or lump sum expenses only,
8provided that the sum of such transfers for a State agency in
9State fiscal year 2015 shall not exceed 4% of the aggregate
10amount appropriated to that State agency for operational or
11lump sum expenses for State fiscal year 2015. For the purpose
12of this subsection, "operational or lump sum expenses" includes
13the following objects: personal services; extra help; student
14and inmate compensation; State contributions to retirement
15systems; State contributions to social security; State
16contributions for employee group insurance; contractual
17services; travel; commodities; printing; equipment; electronic
18data processing; operation of automotive equipment;
19telecommunications services; travel and allowance for
20committed, paroled, and discharged prisoners; library books;
21federal matching grants for student loans; refunds; workers'
22compensation, occupational disease, and tort claims; lump sum
23and other purposes; and lump sum operations. For the purpose of
24this subsection (c-3), "State agency" does not include the
25Attorney General, the Secretary of State, the Comptroller, the
26Treasurer, or the legislative or judicial branches.

 

 

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1    (c-4) (Blank). Special provisions for State fiscal year
22018. Notwithstanding any other provision of this Section, for
3State fiscal year 2018, transfers among line item
4appropriations to a State agency from the same State treasury
5fund may be made for operational or lump sum expenses only,
6provided that the sum of such transfers for a State agency in
7State fiscal year 2018 shall not exceed 4% of the aggregate
8amount appropriated to that State agency for operational or
9lump sum expenses for State fiscal year 2018. For the purpose
10of this subsection (c-4), "operational or lump sum expenses"
11includes the following objects: personal services; extra help;
12student and inmate compensation; State contributions to
13retirement systems; State contributions to social security;
14State contributions for employee group insurance; contractual
15services; travel; commodities; printing; equipment; electronic
16data processing; operation of automotive equipment;
17telecommunications services; travel and allowance for
18committed, paroled, and discharged prisoners; library books;
19federal matching grants for student loans; refunds; workers'
20compensation, occupational disease, and tort claims; lump sum
21and other purposes; and lump sum operations. For the purpose of
22this subsection (c-4), "State agency" does not include the
23Attorney General, the Secretary of State, the Comptroller, the
24Treasurer, or the legislative or judicial branches.
25    (c-5) Special provisions for State fiscal year 2019.
26Notwithstanding any other provision of this Section, for State

 

 

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1fiscal year 2019, transfers among line item appropriations to a
2State agency from the same State treasury fund may be made for
3operational or lump sum expenses only, provided that the sum of
4such transfers for a State agency in State fiscal year 2019
5shall not exceed 4% of the aggregate amount appropriated to
6that State agency for operational or lump sum expenses for
7State fiscal year 2019. For the purpose of this subsection
8(c-5), "operational or lump sum expenses" includes the
9following objects: personal services; extra help; student and
10inmate compensation; State contributions to retirement
11systems; State contributions to social security; State
12contributions for employee group insurance; contractual
13services; travel; commodities; printing; equipment; electronic
14data processing; operation of automotive equipment;
15telecommunications services; travel and allowance for
16committed, paroled, and discharged prisoners; library books;
17federal matching grants for student loans; refunds; workers'
18compensation, occupational disease, and tort claims; lump sum
19and other purposes; and lump sum operations. For the purpose of
20this subsection (c-5), "State agency" does not include the
21Attorney General, the Secretary of State, the Comptroller, the
22Treasurer, or the legislative or judicial branches.
23    (c-6) Special provisions for State fiscal year 2020.
24Notwithstanding any other provision of this Section, for State
25fiscal year 2020, transfers among line item appropriations to a
26State agency from the same State treasury fund may be made for

 

 

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1operational or lump sum expenses only, provided that the sum of
2such transfers for a State agency in State fiscal year 2020
3shall not exceed 4% of the aggregate amount appropriated to
4that State agency for operational or lump sum expenses for
5State fiscal year 2020. For the purpose of this subsection
6(c-6), "operational or lump sum expenses" includes the
7following objects: personal services; extra help; student and
8inmate compensation; State contributions to retirement
9systems; State contributions to social security; State
10contributions for employee group insurance; contractual
11services; travel; commodities; printing; equipment; electronic
12data processing; operation of automotive equipment;
13telecommunications services; travel and allowance for
14committed, paroled, and discharged prisoners; library books;
15federal matching grants for student loans; refunds; workers'
16compensation, occupational disease, and tort claims; Late
17Interest Penalties under the State Prompt Payment Act and
18Sections 368a and 370a of the Illinois Insurance Code; lump sum
19and other purposes; and lump sum operations. For the purpose of
20this subsection (c-6), "State agency" does not include the
21Attorney General, the Secretary of State, the Comptroller, the
22Treasurer, or the judicial or legislative branches.
23    (d) Transfers among appropriations made to agencies of the
24Legislative and Judicial departments and to the
25constitutionally elected officers in the Executive branch
26require the approval of the officer authorized in Section 10 of

 

 

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

 

 

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1Common School Fund and the Education Assistance Fund, and, for
2State fiscal year 2020, the Fund for the Advancement of
3Education. With the advice and consent of the Governor's Office
4of Management and Budget, the State Board of Education, in
5consultation with the State Comptroller, may transfer line item
6appropriations between the General Revenue Fund and the
7Education Assistance Fund for the following programs:
8        (1) Disabled Student Personnel Reimbursement (Section
9    14-13.01 of the School Code);
10        (2) Disabled Student Transportation Reimbursement
11    (subsection (b) of Section 14-13.01 of the School Code);
12        (3) Disabled Student Tuition - Private Tuition
13    (Section 14-7.02 of the School Code);
14        (4) Extraordinary Special Education (Section 14-7.02b
15    of the School Code);
16        (5) Reimbursement for Free Lunch/Breakfast Programs;
17        (6) Summer School Payments (Section 18-4.3 of the
18    School Code);
19        (7) Transportation - Regular/Vocational Reimbursement
20    (Section 29-5 of the School Code);
21        (8) Regular Education Reimbursement (Section 18-3 of
22    the School Code); and
23        (9) Special Education Reimbursement (Section 14-7.03
24    of the School Code).
25    (f) For State fiscal year 2020 only, the Department on
26Aging, in consultation with the State Comptroller, with the

 

 

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1advice and consent of the Governor's Office of Management and
2Budget, may transfer line item appropriations for purchase of
3services covered by the Community Care Program between the
4General Revenue Fund and the Commitment to Human Services Fund.
5(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
6eff. 8-31-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18;
7100-1064, eff. 8-24-18; revised 10-9-18.)
 
8    (30 ILCS 105/25)  (from Ch. 127, par. 161)
9    Sec. 25. Fiscal year limitations.
10    (a) All appropriations shall be available for expenditure
11for the fiscal year or for a lesser period if the Act making
12that appropriation so specifies. A deficiency or emergency
13appropriation shall be available for expenditure only through
14June 30 of the year when the Act making that appropriation is
15enacted unless that Act otherwise provides.
16    (b) Outstanding liabilities as of June 30, payable from
17appropriations which have otherwise expired, may be paid out of
18the expiring appropriations during the 2-month period ending at
19the close of business on August 31. Any service involving
20professional or artistic skills or any personal services by an
21employee whose compensation is subject to income tax
22withholding must be performed as of June 30 of the fiscal year
23in order to be considered an "outstanding liability as of June
2430" that is thereby eligible for payment out of the expiring
25appropriation.

 

 

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1    (b-1) However, payment of tuition reimbursement claims
2under Section 14-7.03 or 18-3 of the School Code may be made by
3the State Board of Education from its appropriations for those
4respective purposes for any fiscal year, even though the claims
5reimbursed by the payment may be claims attributable to a prior
6fiscal year, and payments may be made at the direction of the
7State Superintendent of Education from the fund from which the
8appropriation is made without regard to any fiscal year
9limitations, except as required by subsection (j) of this
10Section. Beginning on June 30, 2021, payment of tuition
11reimbursement claims under Section 14-7.03 or 18-3 of the
12School Code as of June 30, payable from appropriations that
13have otherwise expired, may be paid out of the expiring
14appropriation during the 4-month period ending at the close of
15business on October 31.
16    (b-2) (Blank). All outstanding liabilities as of June 30,
172010, payable from appropriations that would otherwise expire
18at the conclusion of the lapse period for fiscal year 2010, and
19interest penalties payable on those liabilities under the State
20Prompt Payment Act, may be paid out of the expiring
21appropriations until December 31, 2010, without regard to the
22fiscal year in which the payment is made, as long as vouchers
23for the liabilities are received by the Comptroller no later
24than August 31, 2010.
25    (b-2.5) (Blank). All outstanding liabilities as of June 30,
262011, payable from appropriations that would otherwise expire

 

 

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1at the conclusion of the lapse period for fiscal year 2011, and
2interest penalties payable on those liabilities under the State
3Prompt Payment Act, may be paid out of the expiring
4appropriations until December 31, 2011, without regard to the
5fiscal year in which the payment is made, as long as vouchers
6for the liabilities are received by the Comptroller no later
7than August 31, 2011.
8    (b-2.6) (Blank). All outstanding liabilities as of June 30,
92012, payable from appropriations that would otherwise expire
10at the conclusion of the lapse period for fiscal year 2012, and
11interest penalties payable on those liabilities under the State
12Prompt Payment Act, may be paid out of the expiring
13appropriations until December 31, 2012, without regard to the
14fiscal year in which the payment is made, as long as vouchers
15for the liabilities are received by the Comptroller no later
16than August 31, 2012.
17    (b-2.6a) (Blank). All outstanding liabilities as of June
1830, 2017, payable from appropriations that would otherwise
19expire at the conclusion of the lapse period for fiscal year
202017, and interest penalties payable on those liabilities under
21the State Prompt Payment Act, may be paid out of the expiring
22appropriations until December 31, 2017, without regard to the
23fiscal year in which the payment is made, as long as vouchers
24for the liabilities are received by the Comptroller no later
25than September 30, 2017.
26    (b-2.6b) (Blank). All outstanding liabilities as of June

 

 

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130, 2018, payable from appropriations that would otherwise
2expire at the conclusion of the lapse period for fiscal year
32018, and interest penalties payable on those liabilities under
4the State Prompt Payment Act, may be paid out of the expiring
5appropriations until December 31, 2018, without regard to the
6fiscal year in which the payment is made, as long as vouchers
7for the liabilities are received by the Comptroller no later
8than October 31, 2018.
9    (b-2.6c) All outstanding liabilities as of June 30, 2019,
10payable from appropriations that would otherwise expire at the
11conclusion of the lapse period for fiscal year 2019, and
12interest penalties payable on those liabilities under the State
13Prompt Payment Act, may be paid out of the expiring
14appropriations until December 31, 2019, without regard to the
15fiscal year in which the payment is made, as long as vouchers
16for the liabilities are received by the Comptroller no later
17than October 31, 2019.
18    (b-2.7) For fiscal years 2012, 2013, and 2014, 2018, 2019,
19and 2020, interest penalties payable under the State Prompt
20Payment Act associated with a voucher for which payment is
21issued after June 30 may be paid out of the next fiscal year's
22appropriation. The future year appropriation must be for the
23same purpose and from the same fund as the original payment. An
24interest penalty voucher submitted against a future year
25appropriation must be submitted within 60 days after the
26issuance of the associated voucher, except that, for fiscal

 

 

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1year 2018 only, an interest penalty voucher submitted against a
2future year appropriation must be submitted within 60 days of
3the effective date of this amendatory Act of the 101st General
4Assembly. The and the Comptroller must issue the interest
5payment within 60 days after acceptance of the interest
6voucher.
7    (b-3) Medical payments may be made by the Department of
8Veterans' Affairs from its appropriations for those purposes
9for any fiscal year, without regard to the fact that the
10medical services being compensated for by such payment may have
11been rendered in a prior fiscal year, except as required by
12subsection (j) of this Section. Beginning on June 30, 2021,
13medical payments payable from appropriations that have
14otherwise expired may be paid out of the expiring appropriation
15during the 4-month period ending at the close of business on
16October 31.
17    (b-4) Medical payments and child care payments may be made
18by the Department of Human Services (as successor to the
19Department of Public Aid) from appropriations for those
20purposes for any fiscal year, without regard to the fact that
21the medical or child care services being compensated for by
22such payment may have been rendered in a prior fiscal year; and
23payments may be made at the direction of the Department of
24Healthcare and Family Services (or successor agency) from the
25Health Insurance Reserve Fund without regard to any fiscal year
26limitations, except as required by subsection (j) of this

 

 

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

 

 

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1Department of Human Services, from the Immigration Reform and
2Control Fund for purposes authorized pursuant to the
3Immigration Reform and Control Act of 1986, without regard to
4any fiscal year limitations, except as required by subsection
5(j) of this Section. Beginning on June 30, 2021, payments made
6by the Department of Human Services from the Immigration Reform
7and Control Fund for purposes authorized pursuant to the
8Immigration Reform and Control Act of 1986 payable from
9appropriations that have otherwise expired may be paid out of
10the expiring appropriation during the 4-month period ending at
11the close of business on October 31.
12    (b-7) Payments may be made in accordance with a plan
13authorized by paragraph (11) or (12) of Section 405-105 of the
14Department of Central Management Services Law from
15appropriations for those payments without regard to fiscal year
16limitations.
17    (b-8) Reimbursements to eligible airport sponsors for the
18construction or upgrading of Automated Weather Observation
19Systems may be made by the Department of Transportation from
20appropriations for those purposes for any fiscal year, without
21regard to the fact that the qualification or obligation may
22have occurred in a prior fiscal year, provided that at the time
23the expenditure was made the project had been approved by the
24Department of Transportation prior to June 1, 2012 and, as a
25result of recent changes in federal funding formulas, can no
26longer receive federal reimbursement.

 

 

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1    (b-9) (Blank). Medical payments not exceeding $150,000,000
2may be made by the Department on Aging from its appropriations
3relating to the Community Care Program for fiscal year 2014,
4without regard to the fact that the medical services being
5compensated for by such payment may have been rendered in a
6prior fiscal year, provided the payments are made on a
7fee-for-service basis consistent with requirements established
8for Medicaid reimbursement by the Department of Healthcare and
9Family Services, except as required by subsection (j) of this
10Section.
11    (c) Further, payments may be made by the Department of
12Public Health and the Department of Human Services (acting as
13successor to the Department of Public Health under the
14Department of Human Services Act) from their respective
15appropriations for grants for medical care to or on behalf of
16premature and high-mortality risk infants and their mothers and
17for grants for supplemental food supplies provided under the
18United States Department of Agriculture Women, Infants and
19Children Nutrition Program, for any fiscal year without regard
20to the fact that the services being compensated for by such
21payment may have been rendered in a prior fiscal year, except
22as required by subsection (j) of this Section. Beginning on
23June 30, 2021, payments made by the Department of Public Health
24and the Department of Human Services from their respective
25appropriations for grants for medical care to or on behalf of
26premature and high-mortality risk infants and their mothers and

 

 

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

 

 

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1Spokesmen of the Appropriations Committees of the Senate and
2the House, on or before November 30, a report that shall
3document by program or service category those expenditures from
4the most recently completed fiscal year used to pay for (i)
5services provided in prior fiscal years and (ii) services for
6which claims were received in prior fiscal years.
7    (f) The Department of Human Services (as successor to the
8Department of Public Aid) shall annually submit to the State
9Comptroller, Senate President, Senate Minority Leader, Speaker
10of the House, House Minority Leader, and the respective
11Chairmen and Minority Spokesmen of the Appropriations
12Committees of the Senate and the House, on or before December
1331, a report of fiscal year funds used to pay for services
14(other than medical care) provided in any prior fiscal year.
15This report shall document by program or service category those
16expenditures from the most recently completed fiscal year used
17to pay for services provided in prior fiscal years.
18    (g) In addition, each annual report required to be
19submitted by the Department of Healthcare and Family Services
20under subsection (e) shall include the following information
21with respect to the State's Medicaid program:
22        (1) Explanations of the exact causes of the variance
23    between the previous year's estimated and actual
24    liabilities.
25        (2) Factors affecting the Department of Healthcare and
26    Family Services' liabilities, including but not limited to

 

 

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

 

 

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

 

 

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1        (1) $6,000,000,000 for outstanding liabilities related
2    to fiscal year 2012;
3        (2) $5,300,000,000 for outstanding liabilities related
4    to fiscal year 2013;
5        (3) $4,600,000,000 for outstanding liabilities related
6    to fiscal year 2014;
7        (4) $4,000,000,000 for outstanding liabilities related
8    to fiscal year 2015;
9        (5) $3,300,000,000 for outstanding liabilities related
10    to fiscal year 2016;
11        (6) $2,600,000,000 for outstanding liabilities related
12    to fiscal year 2017;
13        (7) $2,000,000,000 for outstanding liabilities related
14    to fiscal year 2018;
15        (8) $1,300,000,000 for outstanding liabilities related
16    to fiscal year 2019;
17        (9) $600,000,000 for outstanding liabilities related
18    to fiscal year 2020; and
19        (10) $0 for outstanding liabilities related to fiscal
20    year 2021 and fiscal years thereafter.
21    (k) Department of Healthcare and Family Services Medical
22Assistance Payments.
23        (1) Definition of Medical Assistance.
24            For purposes of this subsection, the term "Medical
25        Assistance" shall include, but not necessarily be
26        limited to, medical programs and services authorized

 

 

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1        under Titles XIX and XXI of the Social Security Act,
2        the Illinois Public Aid Code, the Children's Health
3        Insurance Program Act, the Covering ALL KIDS Health
4        Insurance Act, the Long Term Acute Care Hospital
5        Quality Improvement Transfer Program Act, and medical
6        care to or on behalf of persons suffering from chronic
7        renal disease, persons suffering from hemophilia, and
8        victims of sexual assault.
9        (2) Limitations on Medical Assistance payments that
10    may be paid from future fiscal year appropriations.
11            (A) The maximum amounts of annual unpaid Medical
12        Assistance bills received and recorded by the
13        Department of Healthcare and Family Services on or
14        before June 30th of a particular fiscal year
15        attributable in aggregate to the General Revenue Fund,
16        Healthcare Provider Relief Fund, Tobacco Settlement
17        Recovery Fund, Long-Term Care Provider Fund, and the
18        Drug Rebate Fund that may be paid in total by the
19        Department from future fiscal year Medical Assistance
20        appropriations to those funds are: $700,000,000 for
21        fiscal year 2013 and $100,000,000 for fiscal year 2014
22        and each fiscal year thereafter.
23            (B) Bills for Medical Assistance services rendered
24        in a particular fiscal year, but received and recorded
25        by the Department of Healthcare and Family Services
26        after June 30th of that fiscal year, may be paid from

 

 

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

 

 

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1    paid out of the expiring appropriations during the 6-month
2    period ending at the close of business on December 31st.
3    (l) The changes to this Section made by Public Act 97-691
4shall be effective for payment of Medical Assistance bills
5incurred in fiscal year 2013 and future fiscal years. The
6changes to this Section made by Public Act 97-691 shall not be
7applied to Medical Assistance bills incurred in fiscal year
82012 or prior fiscal years.
9    (m) The Comptroller must issue payments against
10outstanding liabilities that were received prior to the lapse
11period deadlines set forth in this Section as soon thereafter
12as practical, but no payment may be issued after the 4 months
13following the lapse period deadline without the signed
14authorization of the Comptroller and the Governor.
15(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
16    Section 5-40. The Gifts and Grants to Government Act is
17amended by adding Section 4 as follows:
 
18    (30 ILCS 110/4 new)
19    Sec. 4. Governor's Grant Fund; additional purposes. In
20addition to any other deposits authorized by law, the
21Governor's Grant Fund may accept funds from any source, public
22or private, to be used for the purposes of such funds including
23administrative costs of the Governor's Office.
 

 

 

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1    Section 5-45. The State Revenue Sharing Act is amended by
2changing Section 12 as follows:
 
3    (30 ILCS 115/12)  (from Ch. 85, par. 616)
4    Sec. 12. Personal Property Tax Replacement Fund. There is
5hereby created the Personal Property Tax Replacement Fund, a
6special fund in the State Treasury into which shall be paid all
7revenue realized:
8        (a) all amounts realized from the additional personal
9    property tax replacement income tax imposed by subsections
10    (c) and (d) of Section 201 of the Illinois Income Tax Act,
11    except for those amounts deposited into the Income Tax
12    Refund Fund pursuant to subsection (c) of Section 901 of
13    the Illinois Income Tax Act; and
14        (b) all amounts realized from the additional personal
15    property replacement invested capital taxes imposed by
16    Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
17    Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
18    Revenue Act, and Section 3 of the Water Company Invested
19    Capital Tax Act, and amounts payable to the Department of
20    Revenue under the Telecommunications Infrastructure
21    Maintenance Fee Act.
22    As soon as may be after the end of each month, the
23Department of Revenue shall certify to the Treasurer and the
24Comptroller the amount of all refunds paid out of the General
25Revenue Fund through the preceding month on account of

 

 

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1overpayment of liability on taxes paid into the Personal
2Property Tax Replacement Fund. Upon receipt of such
3certification, the Treasurer and the Comptroller shall
4transfer the amount so certified from the Personal Property Tax
5Replacement Fund into the General Revenue Fund.
6    The payments of revenue into the Personal Property Tax
7Replacement Fund shall be used exclusively for distribution to
8taxing districts, regional offices and officials, and local
9officials as provided in this Section and in the School Code,
10payment of the ordinary and contingent expenses of the Property
11Tax Appeal Board, payment of the expenses of the Department of
12Revenue incurred in administering the collection and
13distribution of monies paid into the Personal Property Tax
14Replacement Fund and transfers due to refunds to taxpayers for
15overpayment of liability for taxes paid into the Personal
16Property Tax Replacement Fund.
17    In addition, moneys in the Personal Property Tax
18Replacement Fund may be used to pay any of the following: (i)
19salary, stipends, and additional compensation as provided by
20law for chief election clerks, county clerks, and county
21recorders; (ii) costs associated with regional offices of
22education and educational service centers; (iii)
23reimbursements payable by the State Board of Elections under
24Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
25Election Code; (iv) expenses of the Illinois Educational Labor
26Relations Board; and (v) salary, personal services, and

 

 

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1additional compensation as provided by law for court reporters
2under the Court Reporters Act.
3    As soon as may be after the effective date of this
4amendatory Act of 1980, the Department of Revenue shall certify
5to the Treasurer the amount of net replacement revenue paid
6into the General Revenue Fund prior to that effective date from
7the additional tax imposed by Section 2a.1 of the Messages Tax
8Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
9the Public Utilities Revenue Act; Section 3 of the Water
10Company Invested Capital Tax Act; amounts collected by the
11Department of Revenue under the Telecommunications
12Infrastructure Maintenance Fee Act; and the additional
13personal property tax replacement income tax imposed by the
14Illinois Income Tax Act, as amended by Public Act 81-1st
15Special Session-1. Net replacement revenue shall be defined as
16the total amount paid into and remaining in the General Revenue
17Fund as a result of those Acts minus the amount outstanding and
18obligated from the General Revenue Fund in state vouchers or
19warrants prior to the effective date of this amendatory Act of
201980 as refunds to taxpayers for overpayment of liability under
21those Acts.
22    All interest earned by monies accumulated in the Personal
23Property Tax Replacement Fund shall be deposited in such Fund.
24All amounts allocated pursuant to this Section are appropriated
25on a continuing basis.
26    Prior to December 31, 1980, as soon as may be after the end

 

 

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1of each quarter beginning with the quarter ending December 31,
21979, and on and after December 31, 1980, as soon as may be
3after January 1, March 1, April 1, May 1, July 1, August 1,
4October 1 and December 1 of each year, the Department of
5Revenue shall allocate to each taxing district as defined in
6Section 1-150 of the Property Tax Code, in accordance with the
7provisions of paragraph (2) of this Section the portion of the
8funds held in the Personal Property Tax Replacement Fund which
9is required to be distributed, as provided in paragraph (1),
10for each quarter. Provided, however, under no circumstances
11shall any taxing district during each of the first two years of
12distribution of the taxes imposed by this amendatory Act of
131979 be entitled to an annual allocation which is less than the
14funds such taxing district collected from the 1978 personal
15property tax. Provided further that under no circumstances
16shall any taxing district during the third year of distribution
17of the taxes imposed by this amendatory Act of 1979 receive
18less than 60% of the funds such taxing district collected from
19the 1978 personal property tax. In the event that the total of
20the allocations made as above provided for all taxing
21districts, during either of such 3 years, exceeds the amount
22available for distribution the allocation of each taxing
23district shall be proportionately reduced. Except as provided
24in Section 13 of this Act, the Department shall then certify,
25pursuant to appropriation, such allocations to the State
26Comptroller who shall pay over to the several taxing districts

 

 

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1the respective amounts allocated to them.
2    Any township which receives an allocation based in whole or
3in part upon personal property taxes which it levied pursuant
4to Section 6-507 or 6-512 of the Illinois Highway Code and
5which was previously required to be paid over to a municipality
6shall immediately pay over to that municipality a proportionate
7share of the personal property replacement funds which such
8township receives.
9    Any municipality or township, other than a municipality
10with a population in excess of 500,000, which receives an
11allocation based in whole or in part on personal property taxes
12which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
13Illinois Local Library Act and which was previously required to
14be paid over to a public library shall immediately pay over to
15that library a proportionate share of the personal property tax
16replacement funds which such municipality or township
17receives; provided that if such a public library has converted
18to a library organized under The Illinois Public Library
19District Act, regardless of whether such conversion has
20occurred on, after or before January 1, 1988, such
21proportionate share shall be immediately paid over to the
22library district which maintains and operates the library.
23However, any library that has converted prior to January 1,
241988, and which hitherto has not received the personal property
25tax replacement funds, shall receive such funds commencing on
26January 1, 1988.

 

 

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1    Any township which receives an allocation based in whole or
2in part on personal property taxes which it levied pursuant to
3Section 1c of the Public Graveyards Act and which taxes were
4previously required to be paid over to or used for such public
5cemetery or cemeteries shall immediately pay over to or use for
6such public cemetery or cemeteries a proportionate share of the
7personal property tax replacement funds which the township
8receives.
9    Any taxing district which receives an allocation based in
10whole or in part upon personal property taxes which it levied
11for another governmental body or school district in Cook County
12in 1976 or for another governmental body or school district in
13the remainder of the State in 1977 shall immediately pay over
14to that governmental body or school district the amount of
15personal property replacement funds which such governmental
16body or school district would receive directly under the
17provisions of paragraph (2) of this Section, had it levied its
18own taxes.
19        (1) The portion of the Personal Property Tax
20    Replacement Fund required to be distributed as of the time
21    allocation is required to be made shall be the amount
22    available in such Fund as of the time allocation is
23    required to be made.
24        The amount available for distribution shall be the
25    total amount in the fund at such time minus the necessary
26    administrative and other authorized expenses as limited by

 

 

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1    the appropriation and the amount determined by: (a) $2.8
2    million for fiscal year 1981; (b) for fiscal year 1982,
3    .54% of the funds distributed from the fund during the
4    preceding fiscal year; (c) for fiscal year 1983 through
5    fiscal year 1988, .54% of the funds distributed from the
6    fund during the preceding fiscal year less .02% of such
7    fund for fiscal year 1983 and less .02% of such funds for
8    each fiscal year thereafter; (d) for fiscal year 1989
9    through fiscal year 2011 no more than 105% of the actual
10    administrative expenses of the prior fiscal year; (e) for
11    fiscal year 2012 and beyond, a sufficient amount to pay (i)
12    stipends, additional compensation, salary reimbursements,
13    and other amounts directed to be paid out of this Fund for
14    local officials as authorized or required by statute and
15    (ii) no more than 105% of the actual administrative
16    expenses of the prior fiscal year, including payment of the
17    ordinary and contingent expenses of the Property Tax Appeal
18    Board and payment of the expenses of the Department of
19    Revenue incurred in administering the collection and
20    distribution of moneys paid into the Fund; (f) for fiscal
21    years 2012 and 2013 only, a sufficient amount to pay
22    stipends, additional compensation, salary reimbursements,
23    and other amounts directed to be paid out of this Fund for
24    regional offices and officials as authorized or required by
25    statute; or (g) for fiscal years 2018 through 2020 and 2019
26    only, a sufficient amount to pay amounts directed to be

 

 

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1    paid out of this Fund for public community college base
2    operating grants and local health protection grants to
3    certified local health departments as authorized or
4    required by appropriation or statute. Such portion of the
5    fund shall be determined after the transfer into the
6    General Revenue Fund due to refunds, if any, paid from the
7    General Revenue Fund during the preceding quarter. If at
8    any time, for any reason, there is insufficient amount in
9    the Personal Property Tax Replacement Fund for payments for
10    regional offices and officials or local officials or
11    payment of costs of administration or for transfers due to
12    refunds at the end of any particular month, the amount of
13    such insufficiency shall be carried over for the purposes
14    of payments for regional offices and officials, local
15    officials, transfers into the General Revenue Fund, and
16    costs of administration to the following month or months.
17    Net replacement revenue held, and defined above, shall be
18    transferred by the Treasurer and Comptroller to the
19    Personal Property Tax Replacement Fund within 10 days of
20    such certification.
21        (2) Each quarterly allocation shall first be
22    apportioned in the following manner: 51.65% for taxing
23    districts in Cook County and 48.35% for taxing districts in
24    the remainder of the State.
25    The Personal Property Replacement Ratio of each taxing
26district outside Cook County shall be the ratio which the Tax

 

 

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1Base of that taxing district bears to the Downstate Tax Base.
2The Tax Base of each taxing district outside of Cook County is
3the personal property tax collections for that taxing district
4for the 1977 tax year. The Downstate Tax Base is the personal
5property tax collections for all taxing districts in the State
6outside of Cook County for the 1977 tax year. The Department of
7Revenue shall have authority to review for accuracy and
8completeness the personal property tax collections for each
9taxing district outside Cook County for the 1977 tax year.
10    The Personal Property Replacement Ratio of each Cook County
11taxing district shall be the ratio which the Tax Base of that
12taxing district bears to the Cook County Tax Base. The Tax Base
13of each Cook County taxing district is the personal property
14tax collections for that taxing district for the 1976 tax year.
15The Cook County Tax Base is the personal property tax
16collections for all taxing districts in Cook County for the
171976 tax year. The Department of Revenue shall have authority
18to review for accuracy and completeness the personal property
19tax collections for each taxing district within Cook County for
20the 1976 tax year.
21    For all purposes of this Section 12, amounts paid to a
22taxing district for such tax years as may be applicable by a
23foreign corporation under the provisions of Section 7-202 of
24the Public Utilities Act, as amended, shall be deemed to be
25personal property taxes collected by such taxing district for
26such tax years as may be applicable. The Director shall

 

 

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1determine from the Illinois Commerce Commission, for any tax
2year as may be applicable, the amounts so paid by any such
3foreign corporation to any and all taxing districts. The
4Illinois Commerce Commission shall furnish such information to
5the Director. For all purposes of this Section 12, the Director
6shall deem such amounts to be collected personal property taxes
7of each such taxing district for the applicable tax year or
8years.
9    Taxing districts located both in Cook County and in one or
10more other counties shall receive both a Cook County allocation
11and a Downstate allocation determined in the same way as all
12other taxing districts.
13    If any taxing district in existence on July 1, 1979 ceases
14to exist, or discontinues its operations, its Tax Base shall
15thereafter be deemed to be zero. If the powers, duties and
16obligations of the discontinued taxing district are assumed by
17another taxing district, the Tax Base of the discontinued
18taxing district shall be added to the Tax Base of the taxing
19district assuming such powers, duties and obligations.
20    If two or more taxing districts in existence on July 1,
211979, or a successor or successors thereto shall consolidate
22into one taxing district, the Tax Base of such consolidated
23taxing district shall be the sum of the Tax Bases of each of
24the taxing districts which have consolidated.
25    If a single taxing district in existence on July 1, 1979,
26or a successor or successors thereto shall be divided into two

 

 

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1or more separate taxing districts, the tax base of the taxing
2district so divided shall be allocated to each of the resulting
3taxing districts in proportion to the then current equalized
4assessed value of each resulting taxing district.
5    If a portion of the territory of a taxing district is
6disconnected and annexed to another taxing district of the same
7type, the Tax Base of the taxing district from which
8disconnection was made shall be reduced in proportion to the
9then current equalized assessed value of the disconnected
10territory as compared with the then current equalized assessed
11value within the entire territory of the taxing district prior
12to disconnection, and the amount of such reduction shall be
13added to the Tax Base of the taxing district to which
14annexation is made.
15    If a community college district is created after July 1,
161979, beginning on the effective date of this amendatory Act of
171995, its Tax Base shall be 3.5% of the sum of the personal
18property tax collected for the 1977 tax year within the
19territorial jurisdiction of the district.
20    The amounts allocated and paid to taxing districts pursuant
21to the provisions of this amendatory Act of 1979 shall be
22deemed to be substitute revenues for the revenues derived from
23taxes imposed on personal property pursuant to the provisions
24of the "Revenue Act of 1939" or "An Act for the assessment and
25taxation of private car line companies", approved July 22,
261943, as amended, or Section 414 of the Illinois Insurance

 

 

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1Code, prior to the abolition of such taxes and shall be used
2for the same purposes as the revenues derived from ad valorem
3taxes on real estate.
4    Monies received by any taxing districts from the Personal
5Property Tax Replacement Fund shall be first applied toward
6payment of the proportionate amount of debt service which was
7previously levied and collected from extensions against
8personal property on bonds outstanding as of December 31, 1978
9and next applied toward payment of the proportionate share of
10the pension or retirement obligations of the taxing district
11which were previously levied and collected from extensions
12against personal property. For each such outstanding bond
13issue, the County Clerk shall determine the percentage of the
14debt service which was collected from extensions against real
15estate in the taxing district for 1978 taxes payable in 1979,
16as related to the total amount of such levies and collections
17from extensions against both real and personal property. For
181979 and subsequent years' taxes, the County Clerk shall levy
19and extend taxes against the real estate of each taxing
20district which will yield the said percentage or percentages of
21the debt service on such outstanding bonds. The balance of the
22amount necessary to fully pay such debt service shall
23constitute a first and prior lien upon the monies received by
24each such taxing district through the Personal Property Tax
25Replacement Fund and shall be first applied or set aside for
26such purpose. In counties having fewer than 3,000,000

 

 

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1inhabitants, the amendments to this paragraph as made by this
2amendatory Act of 1980 shall be first applicable to 1980 taxes
3to be collected in 1981.
4(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
5    Section 5-50. The Illinois Coal Technology Development
6Assistance Act is amended by changing Section 3 as follows:
 
7    (30 ILCS 730/3)  (from Ch. 96 1/2, par. 8203)
8    Sec. 3. Transfers to Coal Technology Development
9Assistance Fund.
10    (a) As soon as may be practicable after the first day of
11each month, the Department of Revenue shall certify to the
12Treasurer an amount equal to 1/64 of the revenue realized from
13the tax imposed by the Electricity Excise Tax Law, Section 2 of
14the Public Utilities Revenue Act, Section 2 of the Messages Tax
15Act, and Section 2 of the Gas Revenue Tax Act, during the
16preceding month. Upon receipt of the certification, the
17Treasurer shall transfer the amount shown on such certification
18from the General Revenue Fund to the Coal Technology
19Development Assistance Fund, which is hereby created as a
20special fund in the State treasury, except that no transfer
21shall be made in any month in which the Fund has reached the
22following balance:
23        (1) (Blank). $7,000,000 during fiscal year 1994.
24        (2) (Blank). $8,500,000 during fiscal year 1995.

 

 

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1        (3) (Blank). $10,000,000 during fiscal years 1996 and
2    1997.
3        (4) (Blank). During fiscal year 1998 through fiscal
4    year 2004, an amount equal to the sum of $10,000,000 plus
5    additional moneys deposited into the Coal Technology
6    Development Assistance Fund from the Renewable Energy
7    Resources and Coal Technology Development Assistance
8    Charge under Section 6.5 of the Renewable Energy, Energy
9    Efficiency, and Coal Resources Development Law of 1997.
10        (5) (Blank). During fiscal year 2005, an amount equal
11    to the sum of $7,000,000 plus additional moneys deposited
12    into the Coal Technology Development Assistance Fund from
13    the Renewable Energy Resources and Coal Technology
14    Development Assistance Charge under Section 6.5 of the
15    Renewable Energy, Energy Efficiency, and Coal Resources
16    Development Law of 1997.
17        (6) Expect as otherwise provided in subsection (b),
18    during During fiscal year 2006 and each fiscal year
19    thereafter, an amount equal to the sum of $10,000,000 plus
20    additional moneys deposited into the Coal Technology
21    Development Assistance Fund from the Renewable Energy
22    Resources and Coal Technology Development Assistance
23    Charge under Section 6.5 of the Renewable Energy, Energy
24    Efficiency, and Coal Resources Development Law of 1997.
25    (b) During fiscal years year 2019 and 2020 only, the
26Treasurer shall make no transfers from the General Revenue Fund

 

 

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1to the Coal Technology Development Assistance Fund.
2(Source: P.A. 99-78, eff. 7-20-15; 100-587, eff. 6-4-18.)
 
3    Section 5-55. The Downstate Public Transportation Act is
4amended by changing Section 2-3 as follows:
 
5    (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)
6    Sec. 2-3. (a) As soon as possible after the first day of
7each month, beginning July 1, 1984, upon certification of the
8Department of Revenue, the Comptroller shall order
9transferred, and the Treasurer shall transfer, from the General
10Revenue Fund to a special fund in the State Treasury which is
11hereby created, to be known as the "Downstate Public
12Transportation Fund", an amount equal to 2/32 (beginning July
131, 2005, 3/32) of the net revenue realized from the Retailers'
14Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
15Act, and the Service Use Tax Act from persons incurring
16municipal or county retailers' or service occupation tax
17liability for the benefit of any municipality or county located
18wholly within the boundaries of each participant, other than
19any Metro-East Transit District participant certified pursuant
20to subsection (c) of this Section during the preceding month,
21except that the Department shall pay into the Downstate Public
22Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
23of the net revenue realized under the State tax Acts named
24above within any municipality or county located wholly within

 

 

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1the boundaries of each participant, other than any Metro-East
2participant, for tax periods beginning on or after January 1,
31990. Net revenue realized for a month shall be the revenue
4collected by the State pursuant to such Acts during the
5previous month from persons incurring municipal or county
6retailers' or service occupation tax liability for the benefit
7of any municipality or county located wholly within the
8boundaries of a participant, less the amount paid out during
9that same month as refunds or credit memoranda to taxpayers for
10overpayment of liability under such Acts for the benefit of any
11municipality or county located wholly within the boundaries of
12a participant.
13    Notwithstanding any provision of law to the contrary,
14beginning on July 6, 2017 (the effective date of Public Act
15100-23), those amounts required under this subsection (a) to be
16transferred by the Treasurer into the Downstate Public
17Transportation Fund from the General Revenue Fund shall be
18directly deposited into the Downstate Public Transportation
19Fund as the revenues are realized from the taxes indicated.
20    (b) As soon as possible after the first day of each month,
21beginning July 1, 1989, upon certification of the Department of
22Revenue, the Comptroller shall order transferred, and the
23Treasurer shall transfer, from the General Revenue Fund to a
24special fund in the State Treasury which is hereby created, to
25be known as the "Metro-East Public Transportation Fund", an
26amount equal to 2/32 of the net revenue realized, as above,

 

 

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1from within the boundaries of Madison, Monroe, and St. Clair
2Counties, except that the Department shall pay into the
3Metro-East Public Transportation Fund 2/32 of 80% of the net
4revenue realized under the State tax Acts specified in
5subsection (a) of this Section within the boundaries of
6Madison, Monroe and St. Clair Counties for tax periods
7beginning on or after January 1, 1990. A local match equivalent
8to an amount which could be raised by a tax levy at the rate of
9.05% on the assessed value of property within the boundaries of
10Madison County is required annually to cause a total of 2/32 of
11the net revenue to be deposited in the Metro-East Public
12Transportation Fund. Failure to raise the required local match
13annually shall result in only 1/32 being deposited into the
14Metro-East Public Transportation Fund after July 1, 1989, or
151/32 of 80% of the net revenue realized for tax periods
16beginning on or after January 1, 1990.
17    (b-5) As soon as possible after the first day of each
18month, beginning July 1, 2005, upon certification of the
19Department of Revenue, the Comptroller shall order
20transferred, and the Treasurer shall transfer, from the General
21Revenue Fund to the Downstate Public Transportation Fund, an
22amount equal to 3/32 of 80% of the net revenue realized from
23within the boundaries of Monroe and St. Clair Counties under
24the State Tax Acts specified in subsection (a) of this Section
25and provided further that, beginning July 1, 2005, the
26provisions of subsection (b) shall no longer apply with respect

 

 

SB1814 Enrolled- 149 -LRB101 09785 HLH 54886 b

1to such tax receipts from Monroe and St. Clair Counties.
2    Notwithstanding any provision of law to the contrary,
3beginning on July 6, 2017 (the effective date of Public Act
4100-23), those amounts required under this subsection (b-5) to
5be transferred by the Treasurer into the Downstate Public
6Transportation Fund from the General Revenue Fund shall be
7directly deposited into the Downstate Public Transportation
8Fund as the revenues are realized from the taxes indicated.
9    (b-6) As soon as possible after the first day of each
10month, beginning July 1, 2008, upon certification by the
11Department of Revenue, the Comptroller shall order transferred
12and the Treasurer shall transfer, from the General Revenue Fund
13to the Downstate Public Transportation Fund, an amount equal to
143/32 of 80% of the net revenue realized from within the
15boundaries of Madison County under the State Tax Acts specified
16in subsection (a) of this Section and provided further that,
17beginning July 1, 2008, the provisions of subsection (b) shall
18no longer apply with respect to such tax receipts from Madison
19County.
20    Notwithstanding any provision of law to the contrary,
21beginning on July 6, 2017 (the effective date of Public Act
22100-23), those amounts required under this subsection (b-6) to
23be transferred by the Treasurer into the Downstate Public
24Transportation Fund from the General Revenue Fund shall be
25directly deposited into the Downstate Public Transportation
26Fund as the revenues are realized from the taxes indicated.

 

 

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1    (b-7) Beginning July 1, 2018, notwithstanding the other
2provisions of this Section, instead of the Comptroller making
3monthly transfers from the General Revenue Fund to the
4Downstate Public Transportation Fund, the Department of
5Revenue shall deposit the designated fraction of the net
6revenue realized from collections under the Retailers'
7Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
8Act, and the Service Use Tax Act directly into the Downstate
9Public Transportation Fund.
10    (c) The Department shall certify to the Department of
11Revenue the eligible participants under this Article and the
12territorial boundaries of such participants for the purposes of
13the Department of Revenue in subsections (a) and (b) of this
14Section.
15    (d) For the purposes of this Article, beginning in fiscal
16year 2009 the General Assembly shall appropriate an amount from
17the Downstate Public Transportation Fund equal to the sum total
18funds projected to be paid to the participants pursuant to
19Section 2-7. If the General Assembly fails to make
20appropriations sufficient to cover the amounts projected to be
21paid pursuant to Section 2-7, this Act shall constitute an
22irrevocable and continuing appropriation from the Downstate
23Public Transportation Fund of all amounts necessary for those
24purposes.
25    (e) (Blank). Notwithstanding anything in this Section to
26the contrary, amounts transferred from the General Revenue Fund

 

 

SB1814 Enrolled- 151 -LRB101 09785 HLH 54886 b

1to the Downstate Public Transportation Fund pursuant to this
2Section shall not exceed $169,000,000 in State fiscal year
32012.
4    (f) (Blank). For State fiscal year 2018 only,
5notwithstanding any provision of law to the contrary, the total
6amount of revenue and deposits under this Section attributable
7to revenues realized during State fiscal year 2018 shall be
8reduced by 10%.
9    (g) (Blank). For State fiscal year 2019 only,
10notwithstanding any provision of law to the contrary, the total
11amount of revenue and deposits under this Section attributable
12to revenues realized during State fiscal year 2019 shall be
13reduced by 5%.
14    (h) For State fiscal year 2020 only, notwithstanding any
15provision of law to the contrary, the total amount of revenue
16and deposits under this Section attributable to revenues
17realized during State fiscal year 2020 shall be reduced by 5%.
18(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
19100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
 
20    Section 5-60. 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. The Department shall collect the taxes

 

 

SB1814 Enrolled- 152 -LRB101 09785 HLH 54886 b

1imposed by this Act. The Department shall collect certified
2past due child support amounts under Section 2505-650 of the
3Department of Revenue Law of the Civil Administrative Code of
4Illinois. Except as provided in subsections (b), (c), (e), (f),
5(g), and (h) of this Section, money collected pursuant to
6subsections (a) and (b) of Section 201 of this Act shall be
7paid into the General Revenue Fund in the State treasury; money
8collected pursuant to subsections (c) and (d) of Section 201 of
9this Act shall be paid into the Personal Property Tax
10Replacement Fund, a special fund in the State Treasury; and
11money collected under Section 2505-650 of the Department of
12Revenue Law of the Civil Administrative Code of Illinois shall
13be paid into the Child Support Enforcement Trust Fund, a
14special fund outside the State Treasury, or to the State
15Disbursement Unit established under Section 10-26 of the
16Illinois Public Aid Code, as directed by the Department of
17Healthcare and Family Services.
18    (b) Local Government Distributive Fund. Beginning August
191, 1969, and continuing through June 30, 1994, the Treasurer
20shall transfer each month from the General Revenue Fund to a
21special fund in the State treasury, to be known as the "Local
22Government Distributive Fund", an amount equal to 1/12 of the
23net revenue realized from the tax imposed by subsections (a)
24and (b) of Section 201 of this Act during the preceding month.
25Beginning July 1, 1994, and continuing through June 30, 1995,
26the Treasurer shall transfer each month from the General

 

 

SB1814 Enrolled- 153 -LRB101 09785 HLH 54886 b

1Revenue Fund to the Local Government Distributive Fund an
2amount equal to 1/11 of the net revenue realized from the tax
3imposed by subsections (a) and (b) of Section 201 of this Act
4during the preceding month. Beginning July 1, 1995 and
5continuing through January 31, 2011, the Treasurer shall
6transfer each month from the General Revenue Fund to the Local
7Government Distributive Fund an amount equal to the net of (i)
81/10 of the net revenue realized from the tax imposed by
9subsections (a) and (b) of Section 201 of the Illinois Income
10Tax Act during the preceding month (ii) minus, beginning July
111, 2003 and ending June 30, 2004, $6,666,666, and beginning
12July 1, 2004, zero. Beginning February 1, 2011, and continuing
13through January 31, 2015, the Treasurer shall transfer each
14month from the General Revenue Fund to the Local Government
15Distributive Fund an amount equal to the sum of (i) 6% (10% of
16the ratio of the 3% individual income tax rate prior to 2011 to
17the 5% individual income tax rate after 2010) of the net
18revenue realized from the tax imposed by subsections (a) and
19(b) of Section 201 of this Act upon individuals, trusts, and
20estates during the preceding month and (ii) 6.86% (10% of the
21ratio of the 4.8% corporate income tax rate prior to 2011 to
22the 7% corporate income tax rate after 2010) of the net revenue
23realized from the tax imposed by subsections (a) and (b) of
24Section 201 of this Act upon corporations during the preceding
25month. Beginning February 1, 2015 and continuing through July
2631, 2017, the Treasurer shall transfer each month from the

 

 

SB1814 Enrolled- 154 -LRB101 09785 HLH 54886 b

1General Revenue Fund to the Local Government Distributive Fund
2an amount equal to the sum of (i) 8% (10% of the ratio of the 3%
3individual income tax rate prior to 2011 to the 3.75%
4individual income tax rate after 2014) of the net revenue
5realized from the tax imposed by subsections (a) and (b) of
6Section 201 of this Act upon individuals, trusts, and estates
7during the preceding month and (ii) 9.14% (10% of the ratio of
8the 4.8% corporate income tax rate prior to 2011 to the 5.25%
9corporate income tax rate after 2014) of the net revenue
10realized from the tax imposed by subsections (a) and (b) of
11Section 201 of this Act upon corporations during the preceding
12month. Beginning August 1, 2017, the Treasurer shall transfer
13each month from the General Revenue Fund to the Local
14Government Distributive Fund an amount equal to the sum of (i)
156.06% (10% of the ratio of the 3% individual income tax rate
16prior to 2011 to the 4.95% individual income tax rate after
17July 1, 2017) of the net revenue realized from the tax imposed
18by subsections (a) and (b) of Section 201 of this Act upon
19individuals, trusts, and estates during the preceding month and
20(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax
21rate prior to 2011 to the 7% corporate income tax rate after
22July 1, 2017) of the net revenue realized from the tax imposed
23by subsections (a) and (b) of Section 201 of this Act upon
24corporations during the preceding month. Net revenue realized
25for a month shall be defined as the revenue from the tax
26imposed by subsections (a) and (b) of Section 201 of this Act

 

 

SB1814 Enrolled- 155 -LRB101 09785 HLH 54886 b

1which is deposited in the General Revenue Fund, the Education
2Assistance Fund, the Income Tax Surcharge Local Government
3Distributive Fund, the Fund for the Advancement of Education,
4and the Commitment to Human Services Fund during the month
5minus the amount paid out of the General Revenue Fund in State
6warrants during that same month as refunds to taxpayers for
7overpayment of liability under the tax imposed by subsections
8(a) and (b) of Section 201 of this Act.
9    Notwithstanding any provision of law to the contrary,
10beginning on July 6, 2017 (the effective date of Public Act
11100-23), those amounts required under this subsection (b) to be
12transferred by the Treasurer into the Local Government
13Distributive Fund from the General Revenue Fund shall be
14directly deposited into the Local Government Distributive Fund
15as the revenue is realized from the tax imposed by subsections
16(a) and (b) of Section 201 of this Act.
17    For State fiscal year 2018 only, notwithstanding any
18provision of law to the contrary, the total amount of revenue
19and deposits under this Section attributable to revenues
20realized during State fiscal year 2018 shall be reduced by 10%.
21    For State fiscal year 2019 only, notwithstanding any
22provision of law to the contrary, the total amount of revenue
23and deposits under this Section attributable to revenues
24realized during State fiscal year 2019 shall be reduced by 5%.
25    For State fiscal year 2020 only, notwithstanding any
26provision of law to the contrary, the total amount of revenue

 

 

SB1814 Enrolled- 156 -LRB101 09785 HLH 54886 b

1and deposits under this Section attributable to revenues
2realized during State fiscal year 2020 shall be reduced by 5%.
3    (c) Deposits Into Income Tax Refund Fund.
4        (1) Beginning on January 1, 1989 and thereafter, the
5    Department shall deposit a percentage of the amounts
6    collected pursuant to subsections (a) and (b)(1), (2), and
7    (3) of Section 201 of this Act into a fund in the State
8    treasury known as the Income Tax Refund Fund. The
9    Department shall deposit 6% of such amounts during the
10    period beginning January 1, 1989 and ending on June 30,
11    1989. Beginning with State fiscal year 1990 and for each
12    fiscal year thereafter, the percentage deposited into the
13    Income Tax Refund Fund during a fiscal year shall be the
14    Annual Percentage. For fiscal years 1999 through 2001, the
15    Annual Percentage shall be 7.1%. For fiscal year 2003, the
16    Annual Percentage shall be 8%. For fiscal year 2004, the
17    Annual Percentage shall be 11.7%. Upon the effective date
18    of Public Act 93-839 (July 30, 2004), the Annual Percentage
19    shall be 10% for fiscal year 2005. For fiscal year 2006,
20    the Annual Percentage shall be 9.75%. For fiscal year 2007,
21    the Annual Percentage shall be 9.75%. For fiscal year 2008,
22    the Annual Percentage shall be 7.75%. For fiscal year 2009,
23    the Annual Percentage shall be 9.75%. For fiscal year 2010,
24    the Annual Percentage shall be 9.75%. For fiscal year 2011,
25    the Annual Percentage shall be 8.75%. For fiscal year 2012,
26    the Annual Percentage shall be 8.75%. For fiscal year 2013,

 

 

SB1814 Enrolled- 157 -LRB101 09785 HLH 54886 b

1    the Annual Percentage shall be 9.75%. For fiscal year 2014,
2    the Annual Percentage shall be 9.5%. For fiscal year 2015,
3    the Annual Percentage shall be 10%. For fiscal year 2018,
4    the Annual Percentage shall be 9.8%. For fiscal year 2019,
5    the Annual Percentage shall be 9.7%. For fiscal year 2020,
6    the Annual Percentage shall be 9.5%. For all other fiscal
7    years, the Annual Percentage shall be calculated as a
8    fraction, the numerator of which shall be the amount of
9    refunds approved for payment by the Department during the
10    preceding fiscal year as a result of overpayment of tax
11    liability under subsections (a) and (b)(1), (2), and (3) of
12    Section 201 of this Act plus the amount of such refunds
13    remaining approved but unpaid at the end of the preceding
14    fiscal year, minus the amounts transferred into the Income
15    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
16    and the denominator of which shall be the amounts which
17    will be collected pursuant to subsections (a) and (b)(1),
18    (2), and (3) of Section 201 of this Act during the
19    preceding fiscal year; except that in State fiscal year
20    2002, the Annual Percentage shall in no event exceed 7.6%.
21    The Director of Revenue shall certify the Annual Percentage
22    to the Comptroller on the last business day of the fiscal
23    year immediately preceding the fiscal year for which it is
24    to be effective.
25        (2) Beginning on January 1, 1989 and thereafter, the
26    Department shall deposit a percentage of the amounts

 

 

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1    collected pursuant to subsections (a) and (b)(6), (7), and
2    (8), (c) and (d) of Section 201 of this Act into a fund in
3    the State treasury known as the Income Tax Refund Fund. The
4    Department shall deposit 18% of such amounts during the
5    period beginning January 1, 1989 and ending on June 30,
6    1989. Beginning with State fiscal year 1990 and for each
7    fiscal year thereafter, the percentage deposited into the
8    Income Tax Refund Fund during a fiscal year shall be the
9    Annual Percentage. For fiscal years 1999, 2000, and 2001,
10    the Annual Percentage shall be 19%. For fiscal year 2003,
11    the Annual Percentage shall be 27%. For fiscal year 2004,
12    the Annual Percentage shall be 32%. Upon the effective date
13    of Public Act 93-839 (July 30, 2004), the Annual Percentage
14    shall be 24% for fiscal year 2005. For fiscal year 2006,
15    the Annual Percentage shall be 20%. For fiscal year 2007,
16    the Annual Percentage shall be 17.5%. For fiscal year 2008,
17    the Annual Percentage shall be 15.5%. For fiscal year 2009,
18    the Annual Percentage shall be 17.5%. For fiscal year 2010,
19    the Annual Percentage shall be 17.5%. For fiscal year 2011,
20    the Annual Percentage shall be 17.5%. For fiscal year 2012,
21    the Annual Percentage shall be 17.5%. For fiscal year 2013,
22    the Annual Percentage shall be 14%. For fiscal year 2014,
23    the Annual Percentage shall be 13.4%. For fiscal year 2015,
24    the Annual Percentage shall be 14%. For fiscal year 2018,
25    the Annual Percentage shall be 17.5%. For fiscal year 2019,
26    the Annual Percentage shall be 15.5%. For fiscal year 2020,

 

 

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1    the Annual Percentage shall be 14.25%. For all other fiscal
2    years, the Annual Percentage shall be calculated as a
3    fraction, the numerator of which shall be the amount of
4    refunds approved for payment by the Department during the
5    preceding fiscal year as a result of overpayment of tax
6    liability under subsections (a) and (b)(6), (7), and (8),
7    (c) and (d) of Section 201 of this Act plus the amount of
8    such refunds remaining approved but unpaid at the end of
9    the preceding fiscal year, and the denominator of which
10    shall be the amounts which will be collected pursuant to
11    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
12    Section 201 of this Act during the preceding fiscal year;
13    except that in State fiscal year 2002, the Annual
14    Percentage shall in no event exceed 23%. The Director of
15    Revenue shall certify the Annual Percentage to the
16    Comptroller on the last business day of the fiscal year
17    immediately preceding the fiscal year for which it is to be
18    effective.
19        (3) The Comptroller shall order transferred and the
20    Treasurer shall transfer from the Tobacco Settlement
21    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
22    in January, 2001, (ii) $35,000,000 in January, 2002, and
23    (iii) $35,000,000 in January, 2003.
24    (d) Expenditures from Income Tax Refund Fund.
25        (1) Beginning January 1, 1989, money in the Income Tax
26    Refund Fund shall be expended exclusively for the purpose

 

 

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

 

 

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1    Refund Fund an amount, certified by the Director to the
2    Comptroller, equal to the excess of the amount of refunds
3    resulting from overpayment of tax liability under
4    subsections (c) and (d) of Section 201 of this Act paid
5    from the Income Tax Refund Fund during the fiscal year over
6    the amount collected pursuant to subsections (c) and (d) of
7    Section 201 of this Act deposited into the Income Tax
8    Refund Fund during the fiscal year.
9        (4.5) As soon as possible after the end of fiscal year
10    1999 and of each fiscal year thereafter, the Director shall
11    order transferred and the State Treasurer and State
12    Comptroller shall transfer from the Income Tax Refund Fund
13    to the General Revenue Fund any surplus remaining in the
14    Income Tax Refund Fund as of the end of such fiscal year;
15    excluding for fiscal years 2000, 2001, and 2002 amounts
16    attributable to transfers under item (3) of subsection (c)
17    less refunds resulting from the earned income tax credit.
18        (5) This Act shall constitute an irrevocable and
19    continuing appropriation from the Income Tax Refund Fund
20    for the purpose of paying refunds upon the order of the
21    Director in accordance with the provisions of this Section.
22    (e) Deposits into the Education Assistance Fund and the
23Income Tax Surcharge Local Government Distributive Fund. On
24July 1, 1991, and thereafter, of the amounts collected pursuant
25to subsections (a) and (b) of Section 201 of this Act, minus
26deposits into the Income Tax Refund Fund, the Department shall

 

 

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1deposit 7.3% into the Education Assistance Fund in the State
2Treasury. Beginning July 1, 1991, and continuing through
3January 31, 1993, of the amounts collected pursuant to
4subsections (a) and (b) of Section 201 of the Illinois Income
5Tax Act, minus deposits into the Income Tax Refund Fund, the
6Department shall deposit 3.0% into the Income Tax Surcharge
7Local Government Distributive Fund in the State Treasury.
8Beginning February 1, 1993 and continuing through June 30,
91993, of the amounts collected pursuant to subsections (a) and
10(b) of Section 201 of the Illinois Income Tax Act, minus
11deposits into the Income Tax Refund Fund, the Department shall
12deposit 4.4% into the Income Tax Surcharge Local Government
13Distributive Fund in the State Treasury. Beginning July 1,
141993, and continuing through June 30, 1994, of the amounts
15collected under subsections (a) and (b) of Section 201 of this
16Act, minus deposits into the Income Tax Refund Fund, the
17Department shall deposit 1.475% into the Income Tax Surcharge
18Local Government Distributive Fund in the State Treasury.
19    (f) Deposits into the Fund for the Advancement of
20Education. Beginning February 1, 2015, the Department shall
21deposit the following portions of the revenue realized from the
22tax imposed upon individuals, trusts, and estates by
23subsections (a) and (b) of Section 201 of this Act, minus
24deposits into the Income Tax Refund Fund, into the Fund for the
25Advancement of Education:
26        (1) beginning February 1, 2015, and prior to February

 

 

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1    1, 2025, 1/30; and
2        (2) beginning February 1, 2025, 1/26.
3    If the rate of tax imposed by subsection (a) and (b) of
4Section 201 is reduced pursuant to Section 201.5 of this Act,
5the Department shall not make the deposits required by this
6subsection (f) on or after the effective date of the reduction.
7    (g) Deposits into the Commitment to Human Services Fund.
8Beginning February 1, 2015, the Department shall deposit the
9following portions of the revenue realized from the tax imposed
10upon individuals, trusts, and estates by subsections (a) and
11(b) of Section 201 of this Act, minus deposits into the Income
12Tax Refund Fund, into the Commitment to Human Services Fund:
13        (1) beginning February 1, 2015, and prior to February
14    1, 2025, 1/30; and
15        (2) beginning February 1, 2025, 1/26.
16    If the rate of tax imposed by subsection (a) and (b) of
17Section 201 is reduced pursuant to Section 201.5 of this Act,
18the Department shall not make the deposits required by this
19subsection (g) on or after the effective date of the reduction.
20    (h) Deposits into the Tax Compliance and Administration
21Fund. Beginning on the first day of the first calendar month to
22occur on or after August 26, 2014 (the effective date of Public
23Act 98-1098), each month the Department shall pay into the Tax
24Compliance and Administration Fund, to be used, subject to
25appropriation, to fund additional auditors and compliance
26personnel at the Department, an amount equal to 1/12 of 5% of

 

 

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1the cash receipts collected during the preceding fiscal year by
2the Audit Bureau of the Department from the tax imposed by
3subsections (a), (b), (c), and (d) of Section 201 of this Act,
4net of deposits into the Income Tax Refund Fund made from those
5cash receipts.
6(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,
7eff. 7-6-17; 100-587, eff. 6-4-18; 100-621, eff. 7-20-18;
8100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; revised 1-8-19.)
 
9    Section 5-65. The Regional Transportation Authority Act is
10amended by changing Section 4.09 as follows:
 
11    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
12    Sec. 4.09. Public Transportation Fund and the Regional
13Transportation Authority Occupation and Use Tax Replacement
14Fund.
15    (a)(1) Except as otherwise provided in paragraph (4), as
16soon as possible after the first day of each month, beginning
17July 1, 1984, upon certification of the Department of Revenue,
18the Comptroller shall order transferred and the Treasurer shall
19transfer from the General Revenue Fund to a special fund in the
20State Treasury to be known as the Public Transportation Fund an
21amount equal to 25% of the net revenue, before the deduction of
22the serviceman and retailer discounts pursuant to Section 9 of
23the Service Occupation Tax Act and Section 3 of the Retailers'
24Occupation Tax Act, realized from any tax imposed by the

 

 

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1Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
2amounts deposited into the Regional Transportation Authority
3tax fund created by Section 4.03 of this Act, from the County
4and Mass Transit District Fund as provided in Section 6z-20 of
5the State Finance Act and 25% of the amounts deposited into the
6Regional Transportation Authority Occupation and Use Tax
7Replacement Fund from the State and Local Sales Tax Reform Fund
8as provided in Section 6z-17 of the State Finance Act. On the
9first day of the month following the date that the Department
10receives revenues from increased taxes under Section 4.03(m) as
11authorized by Public Act 95-708 this amendatory Act of the 95th
12General Assembly, in lieu of the transfers authorized in the
13preceding sentence, upon certification of the Department of
14Revenue, the Comptroller shall order transferred and the
15Treasurer shall transfer from the General Revenue Fund to the
16Public Transportation Fund an amount equal to 25% of the net
17revenue, before the deduction of the serviceman and retailer
18discounts pursuant to Section 9 of the Service Occupation Tax
19Act and Section 3 of the Retailers' Occupation Tax Act,
20realized from (i) 80% of the proceeds of any tax imposed by the
21Authority at a rate of 1.25% in Cook County, (ii) 75% of the
22proceeds of any tax imposed by the Authority at the rate of 1%
23in Cook County, and (iii) one-third of the proceeds of any tax
24imposed by the Authority at the rate of 0.75% in the Counties
25of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
26Section 4.03, and 25% of the net revenue realized from any tax

 

 

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1imposed by the Authority pursuant to Section 4.03.1, and 25% of
2the amounts deposited into the Regional Transportation
3Authority tax fund created by Section 4.03 of this Act from the
4County and Mass Transit District Fund as provided in Section
56z-20 of the State Finance Act, and 25% of the amounts
6deposited into the Regional Transportation Authority
7Occupation and Use Tax Replacement Fund from the State and
8Local Sales Tax Reform Fund as provided in Section 6z-17 of the
9State Finance Act. As used in this Section, net revenue
10realized for a month shall be the revenue collected by the
11State pursuant to Sections 4.03 and 4.03.1 during the previous
12month from within the metropolitan region, less the amount paid
13out during that same month as refunds to taxpayers for
14overpayment of liability in the metropolitan region under
15Sections 4.03 and 4.03.1.
16    Notwithstanding any provision of law to the contrary,
17beginning on July 6, 2017 (the effective date of Public Act
18100-23) this amendatory Act of the 100th General Assembly,
19those amounts required under this paragraph (1) of subsection
20(a) to be transferred by the Treasurer into the Public
21Transportation Fund from the General Revenue Fund shall be
22directly deposited into the Public Transportation Fund as the
23revenues are realized from the taxes indicated.
24    (2) Except as otherwise provided in paragraph (4), on
25February 1, 2009 (the first day of the month following the
26effective date of Public Act 95-708) this amendatory Act of the

 

 

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195th General Assembly and each month thereafter, upon
2certification by the Department of Revenue, the Comptroller
3shall order transferred and the Treasurer shall transfer from
4the General Revenue Fund to the Public Transportation Fund an
5amount equal to 5% of the net revenue, before the deduction of
6the serviceman and retailer discounts pursuant to Section 9 of
7the Service Occupation Tax Act and Section 3 of the Retailers'
8Occupation Tax Act, realized from any tax imposed by the
9Authority pursuant to Sections 4.03 and 4.03.1 and certified by
10the Department of Revenue under Section 4.03(n) of this Act to
11be paid to the Authority and 5% of the amounts deposited into
12the Regional Transportation Authority tax fund created by
13Section 4.03 of this Act from the County and Mass Transit
14District Fund as provided in Section 6z-20 of the State Finance
15Act, and 5% of the amounts deposited into the Regional
16Transportation Authority Occupation and Use Tax Replacement
17Fund from the State and Local Sales Tax Reform Fund as provided
18in Section 6z-17 of the State Finance Act, and 5% of the
19revenue realized by the Chicago Transit Authority as financial
20assistance from the City of Chicago from the proceeds of any
21tax imposed by the City of Chicago under Section 8-3-19 of the
22Illinois Municipal Code.
23    Notwithstanding any provision of law to the contrary,
24beginning on July 6, 2017 (the effective date of Public Act
25100-23), those amounts required under this paragraph (2) of
26subsection (a) to be transferred by the Treasurer into the

 

 

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

 

 

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1    Notwithstanding any provision of law to the contrary,
2beginning on July 6, 2017 (the effective date of Public Act
3100-23), those amounts required under this paragraph (3) of
4subsection (a) to be transferred by the Treasurer into the
5Public Transportation Fund from the General Revenue Fund shall
6be directly deposited into the Public Transportation Fund as
7the revenues are realized from the taxes indicated.
8    (4) Notwithstanding any provision of law to the contrary,
9of the transfers to be made under paragraphs (1), (2), and (3)
10of this subsection (a) from the General Revenue Fund to the
11Public Transportation Fund, the first $150,000,000
12$100,000,000 that would have otherwise been transferred from
13the General Revenue Fund shall be transferred from the Road
14Fund. The remaining balance of such transfers shall be made
15from the General Revenue Fund.
16    (5) (Blank). For State fiscal year 2018 only,
17notwithstanding any provision of law to the contrary, the total
18amount of revenue and deposits under this subsection (a)
19attributable to revenues realized during State fiscal year 2018
20shall be reduced by 10%.
21    (6) (Blank). For State fiscal year 2019 only,
22notwithstanding any provision of law to the contrary, the total
23amount of revenue and deposits under this Section attributable
24to revenues realized during State fiscal year 2019 shall be
25reduced by 5%.
26    (7) For State fiscal year 2020 only, notwithstanding any

 

 

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1provision of law to the contrary, the total amount of revenue
2and deposits under this Section attributable to revenues
3realized during State fiscal year 2020 shall be reduced by 5%.
4    (b)(1) All moneys deposited in the Public Transportation
5Fund and the Regional Transportation Authority Occupation and
6Use Tax Replacement Fund, whether deposited pursuant to this
7Section or otherwise, are allocated to the Authority, except
8for amounts appropriated to the Office of the Executive
9Inspector General as authorized by subsection (h) of Section
104.03.3 and amounts transferred to the Audit Expense Fund
11pursuant to Section 6z-27 of the State Finance Act. The
12Comptroller, as soon as possible after each monthly transfer
13provided in this Section and after each deposit into the Public
14Transportation Fund, shall order the Treasurer to pay to the
15Authority out of the Public Transportation Fund the amount so
16transferred or deposited. Any Additional State Assistance and
17Additional Financial Assistance paid to the Authority under
18this Section shall be expended by the Authority for its
19purposes as provided in this Act. The balance of the amounts
20paid to the Authority from the Public Transportation Fund shall
21be expended by the Authority as provided in Section 4.03.3. The
22Comptroller, as soon as possible after each deposit into the
23Regional Transportation Authority Occupation and Use Tax
24Replacement Fund provided in this Section and Section 6z-17 of
25the State Finance Act, shall order the Treasurer to pay to the
26Authority out of the Regional Transportation Authority

 

 

SB1814 Enrolled- 171 -LRB101 09785 HLH 54886 b

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

 

 

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1        1990$5,000,000;
2        1991$5,000,000;
3        1992$10,000,000;
4        1993$10,000,000;
5        1994$20,000,000;
6        1995$30,000,000;
7        1996$40,000,000;
8        1997$50,000,000;
9        1998$55,000,000; and
10        each year thereafter$55,000,000.
11    (c-5) The State shall provide financial assistance
12("Additional Financial Assistance") in addition to the
13Additional State Assistance provided by subsection (c) and the
14amounts transferred to the Authority from the General Revenue
15Fund under subsection (a) of this Section. Additional Financial
16Assistance provided by this subsection shall be calculated as
17provided in subsection (d), but shall in no event exceed the
18following specified amounts with respect to the following State
19fiscal years:
20        2000$0;
21        2001$16,000,000;
22        2002$35,000,000;
23        2003$54,000,000;
24        2004$73,000,000;
25        2005$93,000,000; and
26        each year thereafter$100,000,000.

 

 

SB1814 Enrolled- 173 -LRB101 09785 HLH 54886 b

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

 

 

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

 

 

SB1814 Enrolled- 175 -LRB101 09785 HLH 54886 b

1certified under items (1) and (3) above, plus the actual debt
2service certified under item (2) above, less the amount
3certified under item (4) above, has been transferred; except
4that these transfers are subject to the following limits:
5        (A) In no event shall the total transfers in any State
6    fiscal year relating to outstanding bonds and notes issued
7    by the Authority under subdivision (g)(2) of Section 4.04
8    exceed the lesser of the annual maximum amount specified in
9    subsection (c) or the sum of the amounts certified under
10    items (1) and (3) above, plus the actual debt service
11    certified under item (2) above, less the amount certified
12    under item (4) above, with respect to those bonds and
13    notes.
14        (B) In no event shall the total transfers in any State
15    fiscal year relating to outstanding bonds and notes issued
16    by the Authority under subdivision (g)(3) of Section 4.04
17    exceed the lesser of the annual maximum amount specified in
18    subsection (c-5) or the sum of the amounts certified under
19    items (1) and (3) above, plus the actual debt service
20    certified under item (2) above, less the amount certified
21    under item (4) above, with respect to those bonds and
22    notes.
23    The term "outstanding" does not include bonds or notes for
24which refunding or advance refunding bonds or notes have been
25issued.
26    (e) Neither Additional State Assistance nor Additional

 

 

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1Financial Assistance may be pledged, either directly or
2indirectly as general revenues of the Authority, as security
3for any bonds issued by the Authority. The Authority may not
4assign its right to receive Additional State Assistance or
5Additional Financial Assistance, or direct payment of
6Additional State Assistance or Additional Financial
7Assistance, to a trustee or any other entity for the payment of
8debt service on its bonds.
9    (f) The certification required under subsection (d) with
10respect to outstanding bonds and notes of the Authority shall
11be filed as early as practicable before the beginning of the
12State fiscal year to which it relates. The certification shall
13be revised as may be necessary to accurately state the debt
14service requirements of the Authority.
15    (g) Within 6 months of the end of each fiscal year, the
16Authority shall determine:
17        (i) whether the aggregate of all system generated
18    revenues for public transportation in the metropolitan
19    region which is provided by, or under grant or purchase of
20    service contracts with, the Service Boards equals 50% of
21    the aggregate of all costs of providing such public
22    transportation. "System generated revenues" include all
23    the proceeds of fares and charges for services provided,
24    contributions received in connection with public
25    transportation from units of local government other than
26    the Authority, except for contributions received by the

 

 

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

 

 

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

 

 

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1    and
2        (ii) whether, beginning with the 2007 fiscal year, the
3    aggregate of all fares charged and received for ADA
4    paratransit services equals the system generated ADA
5    paratransit services revenue recovery ratio percentage of
6    the aggregate of all costs of providing such ADA
7    paratransit services.
8    (h) If the Authority makes any payment to the State under
9paragraph (g), the Authority shall reduce the amount provided
10to a Service Board from funds transferred under paragraph (a)
11in proportion to the amount by which that Service Board failed
12to meet its required system generated revenues recovery ratio.
13A Service Board which is affected by a reduction in funds under
14this paragraph shall submit to the Authority concurrently with
15its next due quarterly report a revised budget incorporating
16the reduction in funds. The revised budget must meet the
17criteria specified in clauses (i) through (vi) of Section
184.11(b)(2). The Board shall review and act on the revised
19budget as provided in Section 4.11(b)(3).
20(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
21    Section 5-70. The School Code is amended by changing
22Sections 3-16 and 18-8.15 and by adding Sections 2-3.176,
232-3.177, 2-3.178, and 14-7.02c as follows:
 
24    (105 ILCS 5/2-3.176 new)

 

 

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1    Sec. 2-3.176. Transfers to Governor's Grant Fund. In
2addition to any other transfers that may be provided for by
3law, the State Comptroller shall direct and the State Treasurer
4shall transfer from the SBE Federal Agency Services Fund and
5the SBE Federal Department of Education Fund into the
6Governor's Grant Fund such amounts as may be directed in
7writing by the State Board of Education.
 
8    (105 ILCS 5/2-3.177 new)
9    Sec. 2-3.177. Transfers to DHS Special Purposes Trust Fund.
10In addition to any other transfers that may be provided for by
11law, the State Comptroller shall direct and the State Treasurer
12shall transfer from the SBE Federal Agency Services Fund into
13the DHS Special Purposes Trust Fund such amounts as may be
14directed in writing by the State Board of Education.
 
15    (105 ILCS 5/2-3.178 new)
16    Sec. 2-3.178. K-12 Recycling Grant Program.
17    (a) Subject to appropriation, the State Board of Education
18must create and administer the K-12 Recycling Grant Program to
19provide grants to school districts for the implementation or
20improvement of a school's recycling program. A school district
21that applies for a grant under this Section may receive a
22maximum grant amount of $5,000 per school in that district and
23may use the grant funds only to implement or improve a school's
24recycling program.

 

 

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1    (b) The State Board must adopt rules to implement this
2Section.
 
3    (105 ILCS 5/3-16)
4    Sec. 3-16. Grants to alternative schools, safe schools, and
5alternative learning opportunities programs. The State Board
6of Education, subject to appropriation, shall award grants to
7alternative schools, safe schools, and alternative learning
8opportunities programs operated by a regional office of
9education. For fiscal year 2018, to To calculate grant amounts
10to the programs operated by regional offices of education, the
11State Board shall calculate an amount equal to the greater of
12the regional program's best 3 months of average daily
13attendance for the 2016-2017 school year or the average of the
14best 3 months of average daily attendance for the 2014-2015
15school year through the 2016-2017 school year, multiplied by
16the amount of $6,119. For fiscal year 2019, to calculate grant
17amounts to the programs operated by regional offices of
18education, the State Board shall calculate an amount equal to
19the greater of the regional program's best 3 months of average
20daily attendance for the 2017-2018 school year or the average
21of the best 3 months of average daily attendance for the
222015-2016 school year through the 2017-2018 school year,
23multiplied by the amount of $6,119. These amounts This amount
24shall be termed the "Regional Program Increased Enrollment
25Recognition". If the amount of the Regional Program Increased

 

 

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1Enrollment Recognition is greater than the amount of the
2regional office of education program's Base Funding Minimum for
3fiscal year 2018 or fiscal year 2019, calculated under Section
418-8.15, then the State Board of Education shall pay the
5regional program a grant equal to the difference between the
6regional program's Regional Program Increased Enrollment
7Recognition and the Base Funding Minimum for fiscal year 2018
8or fiscal year 2019, respectively. Nothing in this Section
9shall be construed to alter any payments or calculations under
10Section 18-8.15.
11(Source: P.A. 100-587, eff. 6-4-18.)
 
12    (105 ILCS 5/14-7.02c new)
13    Sec. 14-7.02c. Private therapeutic day schools; student
14enrollment data. The Illinois Purchased Care Review Board must
15accept amended student enrollment data from special education
16private therapeutic day schools that have specialized
17contractual agreements with a school district having a
18population exceeding 500,000 inhabitants in the 2016-2017 and
192017-2018 school years. The amended student enrollment data
20must be based on actual monthly enrollment days where a student
21placed by the school district was formally enrolled and began
22to receive services through the last date he or she was
23formally exited from the therapeutic day school. All enrolled
24days must be confined to the official beginning and end dates
25of the therapeutic day school's official calendar on file with

 

 

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1the State Board of Education. In no instance may the amended
2enrollment be further reduced to account for student absences.
3A school district having a population of 500,000 or less
4inhabitants must be billed at the per diem rate approved by the
5Illinois Purchased Care Review Board based on days enrolled as
6prescribed in Section 900.330 of Title 89 of the Illinois
7Administrative Code.
 
8    (105 ILCS 5/18-8.15)
9    Sec. 18-8.15. Evidence-based funding for student success
10for the 2017-2018 and subsequent school years.
11    (a) General provisions.
12        (1) The purpose of this Section is to ensure that, by
13    June 30, 2027 and beyond, this State has a kindergarten
14    through grade 12 public education system with the capacity
15    to ensure the educational development of all persons to the
16    limits of their capacities in accordance with Section 1 of
17    Article X of the Constitution of the State of Illinois. To
18    accomplish that objective, this Section creates a method of
19    funding public education that is evidence-based; is
20    sufficient to ensure every student receives a meaningful
21    opportunity to learn irrespective of race, ethnicity,
22    sexual orientation, gender, or community-income level; and
23    is sustainable and predictable. When fully funded under
24    this Section, every school shall have the resources, based
25    on what the evidence indicates is needed, to:

 

 

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1            (A) provide all students with a high quality
2        education that offers the academic, enrichment, social
3        and emotional support, technical, and career-focused
4        programs that will allow them to become competitive
5        workers, responsible parents, productive citizens of
6        this State, and active members of our national
7        democracy;
8            (B) ensure all students receive the education they
9        need to graduate from high school with the skills
10        required to pursue post-secondary education and
11        training for a rewarding career;
12            (C) reduce, with a goal of eliminating, the
13        achievement gap between at-risk and non-at-risk
14        students by raising the performance of at-risk
15        students and not by reducing standards; and
16            (D) ensure this State satisfies its obligation to
17        assume the primary responsibility to fund public
18        education and simultaneously relieve the
19        disproportionate burden placed on local property taxes
20        to fund schools.
21        (2) The evidence-based funding formula under this
22    Section shall be applied to all Organizational Units in
23    this State. The evidence-based funding formula outlined in
24    this Act is based on the formula outlined in Senate Bill 1
25    of the 100th General Assembly, as passed by both
26    legislative chambers. As further defined and described in

 

 

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1    this Section, there are 4 major components of the
2    evidence-based funding model:
3            (A) First, the model calculates a unique adequacy
4        target for each Organizational Unit in this State that
5        considers the costs to implement research-based
6        activities, the unit's student demographics, and
7        regional wage difference.
8            (B) Second, the model calculates each
9        Organizational Unit's local capacity, or the amount
10        each Organizational Unit is assumed to contribute
11        towards its adequacy target from local resources.
12            (C) Third, the model calculates how much funding
13        the State currently contributes to the Organizational
14        Unit, and adds that to the unit's local capacity to
15        determine the unit's overall current adequacy of
16        funding.
17            (D) Finally, the model's distribution method
18        allocates new State funding to those Organizational
19        Units that are least well-funded, considering both
20        local capacity and State funding, in relation to their
21        adequacy target.
22        (3) An Organizational Unit receiving any funding under
23    this Section may apply those funds to any fund so received
24    for which that Organizational Unit is authorized to make
25    expenditures by law.
26        (4) As used in this Section, the following terms shall

 

 

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1    have the meanings ascribed in this paragraph (4):
2        "Adequacy Target" is defined in paragraph (1) of
3    subsection (b) of this Section.
4        "Adjusted EAV" is defined in paragraph (4) of
5    subsection (d) of this Section.
6        "Adjusted Local Capacity Target" is defined in
7    paragraph (3) of subsection (c) of this Section.
8        "Adjusted Operating Tax Rate" means a tax rate for all
9    Organizational Units, for which the State Superintendent
10    shall calculate and subtract for the Operating Tax Rate a
11    transportation rate based on total expenses for
12    transportation services under this Code, as reported on the
13    most recent Annual Financial Report in Pupil
14    Transportation Services, function 2550 in both the
15    Education and Transportation funds and functions 4110 and
16    4120 in the Transportation fund, less any corresponding
17    fiscal year State of Illinois scheduled payments excluding
18    net adjustments for prior years for regular, vocational, or
19    special education transportation reimbursement pursuant to
20    Section 29-5 or subsection (b) of Section 14-13.01 of this
21    Code divided by the Adjusted EAV. If an Organizational
22    Unit's corresponding fiscal year State of Illinois
23    scheduled payments excluding net adjustments for prior
24    years for regular, vocational, or special education
25    transportation reimbursement pursuant to Section 29-5 or
26    subsection (b) of Section 14-13.01 of this Code exceed the

 

 

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1    total transportation expenses, as defined in this
2    paragraph, no transportation rate shall be subtracted from
3    the Operating Tax Rate.
4        "Allocation Rate" is defined in paragraph (3) of
5    subsection (g) of this Section.
6        "Alternative School" means a public school that is
7    created and operated by a regional superintendent of
8    schools and approved by the State Board.
9        "Applicable Tax Rate" is defined in paragraph (1) of
10    subsection (d) of this Section.
11        "Assessment" means any of those benchmark, progress
12    monitoring, formative, diagnostic, and other assessments,
13    in addition to the State accountability assessment, that
14    assist teachers' needs in understanding the skills and
15    meeting the needs of the students they serve.
16        "Assistant principal" means a school administrator
17    duly endorsed to be employed as an assistant principal in
18    this State.
19        "At-risk student" means a student who is at risk of not
20    meeting the Illinois Learning Standards or not graduating
21    from elementary or high school and who demonstrates a need
22    for vocational support or social services beyond that
23    provided by the regular school program. All students
24    included in an Organizational Unit's Low-Income Count, as
25    well as all English learner and disabled students attending
26    the Organizational Unit, shall be considered at-risk

 

 

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1    students under this Section.
2        "Average Student Enrollment" or "ASE" for fiscal year
3    2018 means, for an Organizational Unit, the greater of the
4    average number of students (grades K through 12) reported
5    to the State Board as enrolled in the Organizational Unit
6    on October 1 in the immediately preceding school year, plus
7    the pre-kindergarten students who receive special
8    education services of 2 or more hours a day as reported to
9    the State Board on December 1 in the immediately preceding
10    school year, or the average number of students (grades K
11    through 12) reported to the State Board as enrolled in the
12    Organizational Unit on October 1, plus the
13    pre-kindergarten students who receive special education
14    services of 2 or more hours a day as reported to the State
15    Board on December 1, for each of the immediately preceding
16    3 school years. For fiscal year 2019 and each subsequent
17    fiscal year, "Average Student Enrollment" or "ASE" means,
18    for an Organizational Unit, the greater of the average
19    number of students (grades K through 12) reported to the
20    State Board as enrolled in the Organizational Unit on
21    October 1 and March 1 in the immediately preceding school
22    year, plus the pre-kindergarten students who receive
23    special education services as reported to the State Board
24    on October 1 and March 1 in the immediately preceding
25    school year, or the average number of students (grades K
26    through 12) reported to the State Board as enrolled in the

 

 

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1    Organizational Unit on October 1 and March 1, plus the
2    pre-kindergarten students who receive special education
3    services as reported to the State Board on October 1 and
4    March 1, for each of the immediately preceding 3 school
5    years. For the purposes of this definition, "enrolled in
6    the Organizational Unit" means the number of students
7    reported to the State Board who are enrolled in schools
8    within the Organizational Unit that the student attends or
9    would attend if not placed or transferred to another school
10    or program to receive needed services. For the purposes of
11    calculating "ASE", all students, grades K through 12,
12    excluding those attending kindergarten for a half day and
13    students attending an alternative education program
14    operated by a regional office of education or intermediate
15    service center, shall be counted as 1.0. All students
16    attending kindergarten for a half day shall be counted as
17    0.5, unless in 2017 by June 15 or by March 1 in subsequent
18    years, the school district reports to the State Board of
19    Education the intent to implement full-day kindergarten
20    district-wide for all students, then all students
21    attending kindergarten shall be counted as 1.0. Special
22    education pre-kindergarten students shall be counted as
23    0.5 each. If the State Board does not collect or has not
24    collected both an October 1 and March 1 enrollment count by
25    grade or a December 1 collection of special education
26    pre-kindergarten students as of the effective date of this

 

 

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1    amendatory Act of the 100th General Assembly, it shall
2    establish such collection for all future years. For any
3    year where a count by grade level was collected only once,
4    that count shall be used as the single count available for
5    computing a 3-year average ASE. Funding for programs
6    operated by a regional office of education or an
7    intermediate service center must be calculated using the
8    evidence-based funding formula under this Section for the
9    2019-2020 school year and each subsequent school year until
10    separate adequacy formulas are developed and adopted for
11    each type of program. ASE for a program operated by a
12    regional office of education or an intermediate service
13    center must be determined by the March 1 enrollment for the
14    program. For the 2019-2020 school year, the ASE used in the
15    calculation must be the first-year ASE and, in that year
16    only, the assignment of students served by a regional
17    office of education or intermediate service center shall
18    not result in a reduction of the March enrollment for any
19    school district. For the 2020-2021 school year, the ASE
20    must be the greater of the current-year ASE or the 2-year
21    average ASE. Beginning with the 2021-2022 school year, the
22    ASE must be the greater of the current-year ASE or the
23    3-year average ASE. School districts shall submit the data
24    for the ASE calculation to the State Board within 45 days
25    of the dates required in this Section for submission of
26    enrollment data in order for it to be included in the ASE

 

 

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1    calculation. For fiscal year 2018 only, the ASE calculation
2    shall include only enrollment taken on October 1.
3        "Base Funding Guarantee" is defined in paragraph (10)
4    of subsection (g) of this Section.
5        "Base Funding Minimum" is defined in subsection (e) of
6    this Section.
7        "Base Tax Year" means the property tax levy year used
8    to calculate the Budget Year allocation of primary State
9    aid.
10        "Base Tax Year's Extension" means the product of the
11    equalized assessed valuation utilized by the county clerk
12    in the Base Tax Year multiplied by the limiting rate as
13    calculated by the county clerk and defined in PTELL.
14        "Bilingual Education Allocation" means the amount of
15    an Organizational Unit's final Adequacy Target
16    attributable to bilingual education divided by the
17    Organizational Unit's final Adequacy Target, the product
18    of which shall be multiplied by the amount of new funding
19    received pursuant to this Section. An Organizational
20    Unit's final Adequacy Target attributable to bilingual
21    education shall include all additional investments in
22    English learner students' adequacy elements.
23        "Budget Year" means the school year for which primary
24    State aid is calculated and awarded under this Section.
25        "Central office" means individual administrators and
26    support service personnel charged with managing the

 

 

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1    instructional programs, business and operations, and
2    security of the Organizational Unit.
3        "Comparable Wage Index" or "CWI" means a regional cost
4    differentiation metric that measures systemic, regional
5    variations in the salaries of college graduates who are not
6    educators. The CWI utilized for this Section shall, for the
7    first 3 years of Evidence-Based Funding implementation, be
8    the CWI initially developed by the National Center for
9    Education Statistics, as most recently updated by Texas A &
10    M University. In the fourth and subsequent years of
11    Evidence-Based Funding implementation, the State
12    Superintendent shall re-determine the CWI using a similar
13    methodology to that identified in the Texas A & M
14    University study, with adjustments made no less frequently
15    than once every 5 years.
16        "Computer technology and equipment" means computers
17    servers, notebooks, network equipment, copiers, printers,
18    instructional software, security software, curriculum
19    management courseware, and other similar materials and
20    equipment.
21        "Computer technology and equipment investment
22    allocation" means the final Adequacy Target amount of an
23    Organizational Unit assigned to Tier 1 or Tier 2 in the
24    prior school year attributable to the additional $285.50
25    per student computer technology and equipment investment
26    grant divided by the Organizational Unit's final Adequacy

 

 

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1    Target, the result of which shall be multiplied by the
2    amount of new funding received pursuant to this Section. An
3    Organizational Unit assigned to a Tier 1 or Tier 2 final
4    Adequacy Target attributable to the received computer
5    technology and equipment investment grant shall include
6    all additional investments in computer technology and
7    equipment adequacy elements.
8        "Core subject" means mathematics; science; reading,
9    English, writing, and language arts; history and social
10    studies; world languages; and subjects taught as Advanced
11    Placement in high schools.
12        "Core teacher" means a regular classroom teacher in
13    elementary schools and teachers of a core subject in middle
14    and high schools.
15        "Core Intervention teacher (tutor)" means a licensed
16    teacher providing one-on-one or small group tutoring to
17    students struggling to meet proficiency in core subjects.
18        "CPPRT" means corporate personal property replacement
19    tax funds paid to an Organizational Unit during the
20    calendar year one year before the calendar year in which a
21    school year begins, pursuant to "An Act in relation to the
22    abolition of ad valorem personal property tax and the
23    replacement of revenues lost thereby, and amending and
24    repealing certain Acts and parts of Acts in connection
25    therewith", certified August 14, 1979, as amended (Public
26    Act 81-1st S.S.-1).

 

 

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1        "EAV" means equalized assessed valuation as defined in
2    paragraph (2) of subsection (d) of this Section and
3    calculated in accordance with paragraph (3) of subsection
4    (d) of this Section.
5        "ECI" means the Bureau of Labor Statistics' national
6    employment cost index for civilian workers in educational
7    services in elementary and secondary schools on a
8    cumulative basis for the 12-month calendar year preceding
9    the fiscal year of the Evidence-Based Funding calculation.
10        "EIS Data" means the employment information system
11    data maintained by the State Board on educators within
12    Organizational Units.
13        "Employee benefits" means health, dental, and vision
14    insurance offered to employees of an Organizational Unit,
15    the costs associated with statutorily required payment of
16    the normal cost of the Organizational Unit's teacher
17    pensions, Social Security employer contributions, and
18    Illinois Municipal Retirement Fund employer contributions.
19        "English learner" or "EL" means a child included in the
20    definition of "English learners" under Section 14C-2 of
21    this Code participating in a program of transitional
22    bilingual education or a transitional program of
23    instruction meeting the requirements and program
24    application procedures of Article 14C of this Code. For the
25    purposes of collecting the number of EL students enrolled,
26    the same collection and calculation methodology as defined

 

 

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1    above for "ASE" shall apply to English learners, with the
2    exception that EL student enrollment shall include
3    students in grades pre-kindergarten through 12.
4        "Essential Elements" means those elements, resources,
5    and educational programs that have been identified through
6    academic research as necessary to improve student success,
7    improve academic performance, close achievement gaps, and
8    provide for other per student costs related to the delivery
9    and leadership of the Organizational Unit, as well as the
10    maintenance and operations of the unit, and which are
11    specified in paragraph (2) of subsection (b) of this
12    Section.
13        "Evidence-Based Funding" means State funding provided
14    to an Organizational Unit pursuant to this Section.
15        "Extended day" means academic and enrichment programs
16    provided to students outside the regular school day before
17    and after school or during non-instructional times during
18    the school day.
19        "Extension Limitation Ratio" means a numerical ratio
20    in which the numerator is the Base Tax Year's Extension and
21    the denominator is the Preceding Tax Year's Extension.
22        "Final Percent of Adequacy" is defined in paragraph (4)
23    of subsection (f) of this Section.
24        "Final Resources" is defined in paragraph (3) of
25    subsection (f) of this Section.
26        "Full-time equivalent" or "FTE" means the full-time

 

 

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1    equivalency compensation for staffing the relevant
2    position at an Organizational Unit.
3        "Funding Gap" is defined in paragraph (1) of subsection
4    (g).
5        "Guidance counselor" means a licensed guidance
6    counselor who provides guidance and counseling support for
7    students within an Organizational Unit.
8        "Hybrid District" means a partial elementary unit
9    district created pursuant to Article 11E of this Code.
10        "Instructional assistant" means a core or special
11    education, non-licensed employee who assists a teacher in
12    the classroom and provides academic support to students.
13        "Instructional facilitator" means a qualified teacher
14    or licensed teacher leader who facilitates and coaches
15    continuous improvement in classroom instruction; provides
16    instructional support to teachers in the elements of
17    research-based instruction or demonstrates the alignment
18    of instruction with curriculum standards and assessment
19    tools; develops or coordinates instructional programs or
20    strategies; develops and implements training; chooses
21    standards-based instructional materials; provides teachers
22    with an understanding of current research; serves as a
23    mentor, site coach, curriculum specialist, or lead
24    teacher; or otherwise works with fellow teachers, in
25    collaboration, to use data to improve instructional
26    practice or develop model lessons.

 

 

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1        "Instructional materials" means relevant instructional
2    materials for student instruction, including, but not
3    limited to, textbooks, consumable workbooks, laboratory
4    equipment, library books, and other similar materials.
5        "Laboratory School" means a public school that is
6    created and operated by a public university and approved by
7    the State Board.
8        "Librarian" means a teacher with an endorsement as a
9    library information specialist or another individual whose
10    primary responsibility is overseeing library resources
11    within an Organizational Unit.
12        "Limiting rate for Hybrid Districts" means the
13    combined elementary school and high school limited rates.
14        "Local Capacity" is defined in paragraph (1) of
15    subsection (c) of this Section.
16        "Local Capacity Percentage" is defined in subparagraph
17    (A) of paragraph (2) of subsection (c) of this Section.
18        "Local Capacity Ratio" is defined in subparagraph (B)
19    of paragraph (2) of subsection (c) of this Section.
20        "Local Capacity Target" is defined in paragraph (2) of
21    subsection (c) of this Section.
22        "Low-Income Count" means, for an Organizational Unit
23    in a fiscal year, the higher of the average number of
24    students for the prior school year or the immediately
25    preceding 3 school years who, as of July 1 of the
26    immediately preceding fiscal year (as determined by the

 

 

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1    Department of Human Services), are eligible for at least
2    one of the following low income programs: Medicaid, the
3    Children's Health Insurance Program, TANF, or the
4    Supplemental Nutrition Assistance Program, excluding
5    pupils who are eligible for services provided by the
6    Department of Children and Family Services. Until such time
7    that grade level low-income populations become available,
8    grade level low-income populations shall be determined by
9    applying the low-income percentage to total student
10    enrollments by grade level. The low-income percentage is
11    determined by dividing the Low-Income Count by the Average
12    Student Enrollment. The low-income percentage for programs
13    operated by a regional office of education or an
14    intermediate service center must be set to the weighted
15    average of the low-income percentages of all of the school
16    districts in the service region. The weighted low-income
17    percentage is the result of multiplying the low-income
18    percentage of each school district served by the regional
19    office of education or intermediate service center by each
20    school district's Average Student Enrollment, summarizing
21    those products and dividing the total by the total Average
22    Student Enrollment for the service region.
23        "Maintenance and operations" means custodial services,
24    facility and ground maintenance, facility operations,
25    facility security, routine facility repairs, and other
26    similar services and functions.

 

 

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1        "Minimum Funding Level" is defined in paragraph (9) of
2    subsection (g) of this Section.
3        "New Property Tax Relief Pool Funds" means, for any
4    given fiscal year, all State funds appropriated under
5    Section 2-3.170 of the School Code.
6        "New State Funds" means, for a given school year, all
7    State funds appropriated for Evidence-Based Funding in
8    excess of the amount needed to fund the Base Funding
9    Minimum for all Organizational Units in that school year.
10        "Net State Contribution Target" means, for a given
11    school year, the amount of State funds that would be
12    necessary to fully meet the Adequacy Target of an
13    Operational Unit minus the Preliminary Resources available
14    to each unit.
15        "Nurse" means an individual licensed as a certified
16    school nurse, in accordance with the rules established for
17    nursing services by the State Board, who is an employee of
18    and is available to provide health care-related services
19    for students of an Organizational Unit.
20        "Operating Tax Rate" means the rate utilized in the
21    previous year to extend property taxes for all purposes,
22    except, Bond and Interest, Summer School, Rent, Capital
23    Improvement, and Vocational Education Building purposes.
24    For Hybrid Districts, the Operating Tax Rate shall be the
25    combined elementary and high school rates utilized in the
26    previous year to extend property taxes for all purposes,

 

 

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1    except, Bond and Interest, Summer School, Rent, Capital
2    Improvement, and Vocational Education Building purposes.
3        "Organizational Unit" means a Laboratory School or any
4    public school district that is recognized as such by the
5    State Board and that contains elementary schools typically
6    serving kindergarten through 5th grades, middle schools
7    typically serving 6th through 8th grades, or high schools
8    typically serving 9th through 12th grades, a program
9    established under Section 2-3.66 or 2-3.41, or a program
10    operated by a regional office of education or an
11    intermediate service center under Article 13A or 13B. The
12    General Assembly acknowledges that the actual grade levels
13    served by a particular Organizational Unit may vary
14    slightly from what is typical.
15        "Organizational Unit CWI" is determined by calculating
16    the CWI in the region and original county in which an
17    Organizational Unit's primary administrative office is
18    located as set forth in this paragraph, provided that if
19    the Organizational Unit CWI as calculated in accordance
20    with this paragraph is less than 0.9, the Organizational
21    Unit CWI shall be increased to 0.9. Each county's current
22    CWI value shall be adjusted based on the CWI value of that
23    county's neighboring Illinois counties, to create a
24    "weighted adjusted index value". This shall be calculated
25    by summing the CWI values of all of a county's adjacent
26    Illinois counties and dividing by the number of adjacent

 

 

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1    Illinois counties, then taking the weighted value of the
2    original county's CWI value and the adjacent Illinois
3    county average. To calculate this weighted value, if the
4    number of adjacent Illinois counties is greater than 2, the
5    original county's CWI value will be weighted at 0.25 and
6    the adjacent Illinois county average will be weighted at
7    0.75. If the number of adjacent Illinois counties is 2, the
8    original county's CWI value will be weighted at 0.33 and
9    the adjacent Illinois county average will be weighted at
10    0.66. The greater of the county's current CWI value and its
11    weighted adjusted index value shall be used as the
12    Organizational Unit CWI.
13        "Preceding Tax Year" means the property tax levy year
14    immediately preceding the Base Tax Year.
15        "Preceding Tax Year's Extension" means the product of
16    the equalized assessed valuation utilized by the county
17    clerk in the Preceding Tax Year multiplied by the Operating
18    Tax Rate.
19        "Preliminary Percent of Adequacy" is defined in
20    paragraph (2) of subsection (f) of this Section.
21        "Preliminary Resources" is defined in paragraph (2) of
22    subsection (f) of this Section.
23        "Principal" means a school administrator duly endorsed
24    to be employed as a principal in this State.
25        "Professional development" means training programs for
26    licensed staff in schools, including, but not limited to,

 

 

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1    programs that assist in implementing new curriculum
2    programs, provide data focused or academic assessment data
3    training to help staff identify a student's weaknesses and
4    strengths, target interventions, improve instruction,
5    encompass instructional strategies for English learner,
6    gifted, or at-risk students, address inclusivity, cultural
7    sensitivity, or implicit bias, or otherwise provide
8    professional support for licensed staff.
9        "Prototypical" means 450 special education
10    pre-kindergarten and kindergarten through grade 5 students
11    for an elementary school, 450 grade 6 through 8 students
12    for a middle school, and 600 grade 9 through 12 students
13    for a high school.
14        "PTELL" means the Property Tax Extension Limitation
15    Law.
16        "PTELL EAV" is defined in paragraph (4) of subsection
17    (d) of this Section.
18        "Pupil support staff" means a nurse, psychologist,
19    social worker, family liaison personnel, or other staff
20    member who provides support to at-risk or struggling
21    students.
22        "Real Receipts" is defined in paragraph (1) of
23    subsection (d) of this Section.
24        "Regionalization Factor" means, for a particular
25    Organizational Unit, the figure derived by dividing the
26    Organizational Unit CWI by the Statewide Weighted CWI.

 

 

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1        "School site staff" means the primary school secretary
2    and any additional clerical personnel assigned to a school.
3        "Special education" means special educational
4    facilities and services, as defined in Section 14-1.08 of
5    this Code.
6        "Special Education Allocation" means the amount of an
7    Organizational Unit's final Adequacy Target attributable
8    to special education divided by the Organizational Unit's
9    final Adequacy Target, the product of which shall be
10    multiplied by the amount of new funding received pursuant
11    to this Section. An Organizational Unit's final Adequacy
12    Target attributable to special education shall include all
13    special education investment adequacy elements.
14        "Specialist teacher" means a teacher who provides
15    instruction in subject areas not included in core subjects,
16    including, but not limited to, art, music, physical
17    education, health, driver education, career-technical
18    education, and such other subject areas as may be mandated
19    by State law or provided by an Organizational Unit.
20        "Specially Funded Unit" means an Alternative School,
21    safe school, Department of Juvenile Justice school,
22    special education cooperative or entity recognized by the
23    State Board as a special education cooperative,
24    State-approved charter school, or alternative learning
25    opportunities program that received direct funding from
26    the State Board during the 2016-2017 school year through

 

 

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1    any of the funding sources included within the calculation
2    of the Base Funding Minimum or Glenwood Academy.
3        "Supplemental Grant Funding" means supplemental
4    general State aid funding received by an Organization Unit
5    during the 2016-2017 school year pursuant to subsection (H)
6    of Section 18-8.05 of this Code (now repealed).
7        "State Adequacy Level" is the sum of the Adequacy
8    Targets of all Organizational Units.
9        "State Board" means the State Board of Education.
10        "State Superintendent" means the State Superintendent
11    of Education.
12        "Statewide Weighted CWI" means a figure determined by
13    multiplying each Organizational Unit CWI times the ASE for
14    that Organizational Unit creating a weighted value,
15    summing all Organizational Unit's weighted values, and
16    dividing by the total ASE of all Organizational Units,
17    thereby creating an average weighted index.
18        "Student activities" means non-credit producing
19    after-school programs, including, but not limited to,
20    clubs, bands, sports, and other activities authorized by
21    the school board of the Organizational Unit.
22        "Substitute teacher" means an individual teacher or
23    teaching assistant who is employed by an Organizational
24    Unit and is temporarily serving the Organizational Unit on
25    a per diem or per period-assignment basis replacing another
26    staff member.

 

 

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1        "Summer school" means academic and enrichment programs
2    provided to students during the summer months outside of
3    the regular school year.
4        "Supervisory aide" means a non-licensed staff member
5    who helps in supervising students of an Organizational
6    Unit, but does so outside of the classroom, in situations
7    such as, but not limited to, monitoring hallways and
8    playgrounds, supervising lunchrooms, or supervising
9    students when being transported in buses serving the
10    Organizational Unit.
11        "Target Ratio" is defined in paragraph (4) of
12    subsection (g).
13        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
14    in paragraph (3) of subsection (g).
15        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
16    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
17    Funding" are defined in paragraph (1) of subsection (g).
18    (b) Adequacy Target calculation.
19        (1) Each Organizational Unit's Adequacy Target is the
20    sum of the Organizational Unit's cost of providing
21    Essential Elements, as calculated in accordance with this
22    subsection (b), with the salary amounts in the Essential
23    Elements multiplied by a Regionalization Factor calculated
24    pursuant to paragraph (3) of this subsection (b).
25        (2) The Essential Elements are attributable on a pro
26    rata basis related to defined subgroups of the ASE of each

 

 

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1    Organizational Unit as specified in this paragraph (2),
2    with investments and FTE positions pro rata funded based on
3    ASE counts in excess or less than the thresholds set forth
4    in this paragraph (2). The method for calculating
5    attributable pro rata costs and the defined subgroups
6    thereto are as follows:
7            (A) Core class size investments. Each
8        Organizational Unit shall receive the funding required
9        to support that number of FTE core teacher positions as
10        is needed to keep the respective class sizes of the
11        Organizational Unit to the following maximum numbers:
12                (i) For grades kindergarten through 3, the
13            Organizational Unit shall receive funding required
14            to support one FTE core teacher position for every
15            15 Low-Income Count students in those grades and
16            one FTE core teacher position for every 20
17            non-Low-Income Count students in those grades.
18                (ii) For grades 4 through 12, the
19            Organizational Unit shall receive funding required
20            to support one FTE core teacher position for every
21            20 Low-Income Count students in those grades and
22            one FTE core teacher position for every 25
23            non-Low-Income Count students in those grades.
24            The number of non-Low-Income Count students in a
25        grade shall be determined by subtracting the
26        Low-Income students in that grade from the ASE of the

 

 

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1        Organizational Unit for that grade.
2            (B) Specialist teacher investments. Each
3        Organizational Unit shall receive the funding needed
4        to cover that number of FTE specialist teacher
5  &nbs