|
(2) planning grants under subsection (d).
|
The Department may make grants under this Act only to |
airports that are
located
completely outside of Cook County.
|
(b) During any one-year period, an airport may receive a |
grant for only
one of the 2 components specified in subsection |
(a).
|
(c) Air carrier recruitment and retention program grants.
|
(1) An airport may receive an air carrier
recruitment |
and retention program grant from the Department
only if:
|
(A) it is capable of supporting
takeoffs and |
landings by aircraft that have at least 19
passenger |
seats or have made improvements or
commitments to the |
Department to provide this capability; and
|
(B) it has a commitment from an air
carrier to |
start or continue air service to the community
that the |
airport serves subject to financial support
from the |
State and from the airport or unit of local
government |
that the airport serves. The commitment must specify |
that the air
carrier would not
provide or continue to |
provide service to the community if
financial |
assistance were not available.
|
(2) An application for an air carrier
recruitment and |
retention program grant must contain commitments from the
|
airport or the unit of local government in which the |
airport is located
as to the amount of the total project |
cost, the contribution
from the unit of local government or |
|
airport, the method
in which the contribution from the |
airport or unit of local
government will be generated, and |
the requested State
contribution.
|
(3) The air carrier recruitment and retention program |
grant shall be used
to
guarantee the financial viability of |
air carriers providing reasonable air
service at the
|
airport.
A grant under this subsection (c) to a particular |
airport may
be in only one of the following 3 forms:
|
(A) A grant may be used to guarantee that an air |
carrier shall
receive an agreed amount of revenue per |
flight.
|
(B) A grant may be used to guarantee a reduced or
|
subsidized consumer ticket price.
|
(C) A grant may be used to guarantee a profit goal |
established by the
air
carrier and airport.
|
(4) During the first year of a grant under this |
subsection
(c), the grant shall pay 80% of the total
cost |
of the guarantee and the airport or unit of local |
government in which
the
airport is
located shall pay 20% of |
the total cost of the guarantee. During the second
year
of |
a grant under this subsection
(c), the grant shall pay 80% |
of the total
cost of the guarantee and the airport or the |
unit of local government in which
the
airport is
located |
shall pay 20% of the total
cost of the guarantee. During |
the third year
of a grant under this subsection
(c), the |
grant shall pay 80% of the total
cost of the guarantee and |
|
the airport or the unit of local government in which
the
|
airport is
located shall pay 20% of the total
cost of the |
guarantee.
|
(5) The total State funding for a
grant under this |
subsection (c) to a particular airport may not exceed
|
$1,500,000 $1,000,000 in any year.
|
(6) An airport that has received a 3-year 2-year grant
|
under this subsection (c) may apply for another grant for |
an
additional 3-year 2-year period; however, the |
Department shall, in determining
whether to make a grant |
for an additional 3-year 2-year period, give priority to |
other
airports that have not previously
received a grant |
under this subsection (c). The Department shall also
give |
priority in making grants under this subsection (c) to |
airports at which
the Department determines that a 3-year |
2-year grant may result in
the creation of stable and |
reliable commercial air
service without an additional |
grant.
|
(d) Planning grants. An airport may apply for and receive a |
planning
grant to conduct feasibility studies or business plans
|
designed to study the recruitment, retention, or expansion of
|
an air carrier at the airport. To be
eligible for a grant under |
this subsection (d), the airport
must have the potential for |
initial or expanded air service
as the Department
determines |
through its evaluation process.
The grant shall pay 70% of the |
total cost of the feasibility studies or
business
plans and the |
|
airport or the unit of local government in which the
airport is |
located shall pay 30% of the total cost of the feasibility |
studies
or
business plans. An airport may receive only one |
planning
grant.
|
(Source: P.A. 94-839, eff. 6-6-06; 95-744, eff. 7-18-08.)
|
Section 20-10. The State Finance Act is amended by changing |
Sections 6z-63, 6z-64, 6z-70, 8.3, 8g-1, and 13.2 and by adding |
Sections 5.855 and 6z-100 as follows: |
(30 ILCS 105/5.855 new) |
Sec. 5.855. The Capital Development Board Revolving Fund. |
This Section is repealed July 1, 2016. |
(30 ILCS 105/6z-63) |
Sec. 6z-63. The Professional Services Fund. |
(a) The Professional Services Fund is created as a |
revolving fund in the State treasury. The following moneys |
shall be deposited into the Fund: |
(1) amounts authorized for transfer to the Fund from |
the General Revenue Fund and other State funds (except for |
funds classified by the Comptroller as federal trust funds |
or State trust funds) pursuant to State law or Executive |
Order; |
(2) federal funds received by the Department of Central |
Management Services (the "Department") as a result of |
|
expenditures from the Fund; |
(3) interest earned on moneys in the Fund; and |
(4) receipts or inter-fund transfers resulting from |
billings issued by the Department to State agencies for the |
cost of professional services rendered by the Department |
that are not compensated through the specific fund |
transfers authorized by this Section. |
(b) Moneys in the Fund may be used by the Department for |
reimbursement or payment for: |
(1) providing professional services to State agencies |
or other State entities; |
(2) rendering other services to State agencies at the |
Governor's direction or to other State entities upon |
agreement between the Director of Central Management |
Services and the appropriate official or governing body of |
the other State entity; or |
(3) providing for payment of administrative and other |
expenses incurred by the Department in providing |
professional services. |
(c) State agencies or other State entities may direct the |
Comptroller to process inter-fund
transfers or make payment |
through the voucher and warrant process to the Professional |
Services Fund in satisfaction of billings issued under |
subsection (a) of this Section. |
(d) Reconciliation. For the fiscal year beginning on July |
1, 2004 only, the Director of Central Management Services (the |
|
"Director") shall order that each State agency's payments and |
transfers made to the Fund be reconciled with actual Fund costs |
for professional services provided by the Department on no less |
than an annual basis. The Director may require reports from |
State agencies as deemed necessary to perform this |
reconciliation. |
(e) The following amounts are authorized for transfer into |
the
Professional Services Fund for the fiscal year beginning |
July 1, 2004: |
General Revenue Fund ...........................$5,440,431 |
Road Fund ........................................$814,468 |
Motor Fuel Tax Fund ..............................$263,500 |
Child Support Administrative Fund ................$234,013 |
Professions Indirect Cost Fund ...................$276,800 |
Capital Development Board Revolving Fund .........$207,610 |
Bank & Trust Company Fund ........................$200,214 |
State Lottery Fund ...............................$193,691 |
Insurance Producer Administration Fund ...........$174,672 |
Insurance Financial Regulation Fund ..............$168,327 |
Illinois Clean Water Fund ........................$124,675 |
Clean Air Act (CAA) Permit Fund ...................$91,803 |
Statistical Services Revolving Fund ...............$90,959 |
Financial Institution Fund .......................$109,428 |
Horse Racing Fund .................................$71,127 |
Health Insurance Reserve Fund .....................$66,577 |
Solid Waste Management Fund .......................$61,081 |
|
Guardianship and Advocacy Fund .....................$1,068 |
Agricultural Premium Fund ............................$493 |
Wildlife and Fish Fund ...............................$247 |
Radiation Protection Fund .........................$33,277 |
Nuclear Safety Emergency Preparedness Fund ........$25,652 |
Tourism Promotion Fund ............................$6,814
|
All of these transfers shall be made on July 1, 2004, or as |
soon thereafter as practical. These transfers shall be made |
notwithstanding any other provision of State law to the |
contrary.
|
(e-5) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2005 and through June 30, |
2006, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification from the |
Director of Central Management Services, the State Comptroller |
shall direct and the State Treasurer shall transfer amounts |
into the Professional Services Fund from the designated funds |
not exceeding the following totals:
|
Food and Drug Safety Fund ..........................$3,249 |
Financial Institution Fund ........................$12,942 |
General Professions Dedicated Fund .................$8,579 |
Illinois Department of Agriculture |
Laboratory
Services Revolving Fund ...........$1,963 |
Illinois Veterans' Rehabilitation Fund ............$11,275 |
State Boating Act Fund ............................$27,000 |
State Parks Fund ..................................$22,007 |
|
Agricultural Premium Fund .........................$59,483 |
Fire Prevention Fund ..............................$29,862 |
Mental Health Fund ................................$78,213 |
Illinois State Pharmacy Disciplinary Fund ..........$2,744 |
Radiation Protection Fund .........................$16,034 |
Solid Waste Management Fund .......................$37,669 |
Illinois Gaming Law Enforcement Fund ...............$7,260 |
Subtitle D Management Fund .........................$4,659 |
Illinois State Medical Disciplinary Fund ...........$8,602 |
Department of Children and |
Family Services Training Fund .................$29,906 |
Facility Licensing Fund ............................$1,083 |
Youth Alcoholism and Substance |
Abuse Prevention Fund ..........................$2,783 |
Plugging and Restoration Fund ......................$1,105 |
State Crime Laboratory Fund ........................$1,353 |
Motor Vehicle Theft Prevention Trust Fund ..........$9,190 |
Weights and Measures Fund ..........................$4,932 |
Solid Waste Management Revolving |
Loan Fund ......................................$2,735 |
Illinois School Asbestos Abatement Fund ............$2,166 |
Violence Prevention Fund ...........................$5,176 |
Capital Development Board Revolving Fund ..........$14,777 |
DCFS Children's Services Fund ..................$1,256,594 |
State Police DUI Fund ..............................$1,434 |
Illinois Health Facilities Planning Fund ...........$3,191 |
|
Emergency Public Health Fund .......................$7,996 |
Fair and Exposition Fund ...........................$3,732 |
Nursing Dedicated and Professional Fund ............$5,792 |
Optometric Licensing and Disciplinary Board Fund ...$1,032 |
Underground Resources Conservation Enforcement Fund .$1,221 |
State Rail Freight Loan Repayment Fund .............$6,434 |
Drunk and Drugged Driving Prevention Fund ..........$5,473 |
Illinois Affordable Housing Trust Fund ...........$118,222 |
Community Water Supply Laboratory Fund ............$10,021 |
Used Tire Management Fund .........................$17,524 |
Natural Areas Acquisition Fund ....................$15,501 |
Open Space Lands Acquisition |
and Development Fund ..........................$49,105 |
Working Capital Revolving Fund ...................$126,344 |
State Garage Revolving Fund .......................$92,513 |
Statistical Services Revolving Fund ..............$181,949 |
Paper and Printing Revolving Fund ..................$3,632 |
Air Transportation Revolving Fund ..................$1,969 |
Communications Revolving Fund ....................$304,278 |
Environmental Laboratory Certification Fund ........$1,357 |
Public Health Laboratory Services Revolving Fund ...$5,892 |
Provider Inquiry Trust Fund ........................$1,742 |
Lead Poisoning Screening, |
Prevention, and Abatement Fund .................$8,200 |
Drug Treatment Fund ...............................$14,028 |
Feed Control Fund ..................................$2,472 |
|
Plumbing Licensure and Program Fund ................$3,521 |
Insurance Premium Tax Refund Fund ..................$7,872 |
Tax Compliance and Administration Fund .............$5,416 |
Appraisal Administration Fund ......................$2,924 |
Trauma Center Fund ................................$40,139 |
Alternate Fuels Fund ...............................$1,467 |
Illinois State Fair Fund ..........................$13,844 |
State Asset Forfeiture Fund ........................$8,210 |
Federal Asset Forfeiture Fund ......................$6,471 |
Department of Corrections Reimbursement |
and Education Fund ............................$78,965 |
Health Facility Plan Review Fund ...................$3,444 |
LEADS Maintenance Fund .............................$6,075 |
State Offender DNA Identification |
System Fund ....................................$1,712 |
Illinois Historic Sites Fund .......................$4,511 |
Public Pension Regulation Fund .....................$2,313 |
Workforce, Technology, and Economic |
Development Fund ...............................$5,357 |
Renewable Energy Resources Trust Fund .............$29,920 |
Energy Efficiency Trust Fund .......................$8,368 |
Pesticide Control Fund .............................$6,687 |
Conservation 2000 Fund ............................$30,764 |
Wireless Carrier Reimbursement Fund ...............$91,024 |
International Tourism Fund ........................$13,057 |
Public Transportation Fund .......................$701,837 |
|
Horse Racing Fund .................................$18,589 |
Death Certificate Surcharge Fund ...................$1,901 |
State Police Wireless Service |
Emergency Fund .................................$1,012 |
Downstate Public Transportation Fund .............$112,085 |
Motor Carrier Safety Inspection Fund ...............$6,543 |
State Police Whistleblower Reward |
and Protection Fund ............................$1,894 |
Illinois Standardbred Breeders Fund ................$4,412 |
Illinois Thoroughbred Breeders Fund ................$6,635 |
Illinois Clean Water Fund .........................$17,579 |
Independent Academic Medical Center Fund ...........$5,611 |
Child Support Administrative Fund ................$432,527 |
Corporate Headquarters Relocation |
Assistance Fund ................................$4,047 |
Local Initiative Fund .............................$58,762 |
Tourism Promotion Fund ............................$88,072 |
Digital Divide Elimination Fund ...................$11,593 |
Presidential Library and Museum Operating Fund .....$4,624 |
Metro-East Public Transportation Fund .............$47,787 |
Medical Special Purposes Trust Fund ...............$11,779 |
Dram Shop Fund ....................................$11,317 |
Illinois State Dental Disciplinary Fund ............$1,986 |
Hazardous Waste Research Fund ......................$1,333 |
Real Estate License Administration Fund ...........$10,886 |
Traffic and Criminal Conviction |
|
Surcharge Fund ................................$44,798 |
Criminal Justice Information |
Systems Trust Fund .............................$5,693 |
Design Professionals Administration |
and Investigation Fund .........................$2,036 |
State Surplus Property Revolving Fund ..............$6,829 |
Illinois Forestry Development Fund .................$7,012 |
State Police Services Fund ........................$47,072 |
Youth Drug Abuse Prevention Fund ...................$1,299 |
Metabolic Screening and Treatment Fund ............$15,947 |
Insurance Producer Administration Fund ............$30,870 |
Coal Technology Development Assistance Fund .......$43,692 |
Rail Freight Loan Repayment Fund ...................$1,016 |
Low-Level Radioactive Waste |
Facility
Development and Operation Fund ......$1,989 |
Environmental Protection Permit and Inspection Fund .$32,125 |
Park and Conservation Fund ........................$41,038 |
Local Tourism Fund ................................$34,492 |
Illinois Capital Revolving Loan Fund ..............$10,624 |
Illinois Equity Fund ...............................$1,929 |
Large Business Attraction Fund .....................$5,554 |
Illinois Beach Marina Fund .........................$5,053 |
International and Promotional Fund .................$1,466 |
Public Infrastructure Construction |
Loan Revolving Fund ............................$3,111 |
Insurance Financial Regulation Fund ...............$42,575 |
|
Total
$4,975,487
|
(e-7) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2006 and through June 30, |
2007, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification from the |
Director of Central Management Services, the State Comptroller |
shall direct and the State Treasurer shall transfer amounts |
into the Professional Services Fund from the designated funds |
not exceeding the following totals: |
Food and Drug Safety Fund ..........................$3,300 |
Financial Institution Fund ........................$13,000 |
General Professions Dedicated Fund .................$8,600 |
Illinois Department of Agriculture |
Laboratory Services Revolving Fund .............$2,000 |
Illinois Veterans' Rehabilitation Fund ............$11,300 |
State Boating Act Fund ............................$27,200 |
State Parks Fund ..................................$22,100 |
Agricultural Premium Fund .........................$59,800 |
Fire Prevention Fund ..............................$30,000 |
Mental Health Fund ................................$78,700 |
Illinois State Pharmacy Disciplinary Fund ..........$2,800 |
Radiation Protection Fund .........................$16,100 |
Solid Waste Management Fund .......................$37,900 |
Illinois Gaming Law Enforcement Fund ...............$7,300 |
Subtitle D Management Fund .........................$4,700 |
Illinois State Medical Disciplinary Fund ...........$8,700 |
|
Facility Licensing Fund ............................$1,100 |
Youth Alcoholism and |
Substance Abuse Prevention Fund ................$2,800 |
Plugging and Restoration Fund ......................$1,100 |
State Crime Laboratory Fund ........................$1,400 |
Motor Vehicle Theft Prevention Trust Fund ..........$9,200 |
Weights and Measures Fund ..........................$5,000 |
Illinois School Asbestos Abatement Fund ............$2,200 |
Violence Prevention Fund ...........................$5,200 |
Capital Development Board Revolving Fund ..........$14,900 |
DCFS Children's Services Fund ..................$1,294,000 |
State Police DUI Fund ..............................$1,400 |
Illinois Health Facilities Planning Fund ...........$3,200 |
Emergency Public Health Fund .......................$8,000 |
Fair and Exposition Fund ...........................$3,800 |
Nursing Dedicated and Professional Fund ............$5,800 |
Optometric Licensing and Disciplinary Board Fund ...$1,000 |
Underground Resources Conservation |
Enforcement Fund ...............................$1,200 |
State Rail Freight Loan Repayment Fund .............$6,500 |
Drunk and Drugged Driving Prevention Fund ..........$5,500 |
Illinois Affordable Housing Trust Fund ...........$118,900 |
Community Water Supply Laboratory Fund ............$10,100 |
Used Tire Management Fund .........................$17,600 |
Natural Areas Acquisition Fund ....................$15,600 |
Open Space Lands Acquisition |
|
and Development Fund ..........................$49,400 |
Working Capital Revolving Fund ...................$127,100 |
State Garage Revolving Fund .......................$93,100 |
Statistical Services Revolving Fund ..............$183,000 |
Paper and Printing Revolving Fund ..................$3,700 |
Air Transportation Revolving Fund ..................$2,000 |
Communications Revolving Fund ....................$306,100 |
Environmental Laboratory Certification Fund ........$1,400 |
Public Health Laboratory Services |
Revolving Fund .................................$5,900 |
Provider Inquiry Trust Fund ........................$1,800 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund .............................$8,200 |
Drug Treatment Fund ...............................$14,100 |
Feed Control Fund ..................................$2,500 |
Plumbing Licensure and Program Fund ................$3,500 |
Insurance Premium Tax Refund Fund ..................$7,900 |
Tax Compliance and Administration Fund .............$5,400 |
Appraisal Administration Fund ......................$2,900 |
Trauma Center Fund ................................$40,400 |
Alternate Fuels Fund ..............................$1,500
|
Illinois State Fair Fund ..........................$13,900 |
State Asset Forfeiture Fund ........................$8,300 |
Department of Corrections |
Reimbursement and Education Fund ..............$79,400 |
Health Facility Plan Review Fund ...................$3,500 |
|
LEADS Maintenance Fund .............................$6,100 |
State Offender DNA Identification System Fund ......$1,700 |
Illinois Historic Sites Fund .......................$4,500 |
Public Pension Regulation Fund .....................$2,300 |
Workforce, Technology, and Economic |
Development Fund ...............................$5,400 |
Renewable Energy Resources Trust Fund .............$30,100 |
Energy Efficiency Trust Fund .......................$8,400 |
Pesticide Control Fund .............................$6,700 |
Conservation 2000 Fund ............................$30,900 |
Wireless Carrier Reimbursement Fund ...............$91,600 |
International Tourism Fund ........................$13,100 |
Public Transportation Fund .......................$705,900 |
Horse Racing Fund .................................$18,700 |
Death Certificate Surcharge Fund ...................$1,900 |
State Police Wireless Service Emergency Fund .......$1,000 |
Downstate Public Transportation Fund .............$112,700 |
Motor Carrier Safety Inspection Fund ...............$6,600 |
State Police Whistleblower |
Reward and Protection Fund .....................$1,900 |
Illinois Standardbred Breeders Fund ................$4,400 |
Illinois Thoroughbred Breeders Fund ................$6,700 |
Illinois Clean Water Fund .........................$17,700 |
Child Support Administrative Fund ................$435,100 |
Tourism Promotion Fund ............................$88,600 |
Digital Divide Elimination Fund ...................$11,700 |
|
Presidential Library and Museum Operating Fund .....$4,700 |
Metro-East Public Transportation Fund .............$48,100 |
Medical Special Purposes Trust Fund ...............$11,800 |
Dram Shop Fund ....................................$11,400 |
Illinois State Dental Disciplinary Fund ............$2,000 |
Hazardous Waste Research Fund ......................$1,300 |
Real Estate License Administration Fund ...........$10,900 |
Traffic and Criminal Conviction Surcharge Fund ....$45,100 |
Criminal Justice Information Systems Trust Fund ....$5,700 |
Design Professionals Administration |
and Investigation Fund .........................$2,000 |
State Surplus Property Revolving Fund ..............$6,900 |
State Police Services Fund ........................$47,300 |
Youth Drug Abuse Prevention Fund ...................$1,300 |
Metabolic Screening and Treatment Fund ............$16,000 |
Insurance Producer Administration Fund ............$31,100 |
Coal Technology Development Assistance Fund .......$43,900 |
Low-Level Radioactive Waste Facility |
Development and Operation Fund .................$2,000 |
Environmental Protection Permit |
and Inspection Fund ...........................$32,300 |
Park and Conservation Fund ........................$41,300 |
Local Tourism Fund ................................$34,700 |
Illinois Capital Revolving Loan Fund ..............$10,700 |
Illinois Equity Fund ...............................$1,900 |
Large Business Attraction Fund .....................$5,600 |
|
Illinois Beach Marina Fund .........................$5,100 |
International and Promotional Fund .................$1,500 |
Public Infrastructure Construction |
Loan Revolving Fund ............................$3,100 |
Insurance Financial Regulation Fund ..............$42,800
|
Total $4,918,200
|
(e-10) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on the first day of each calendar quarter |
of the fiscal year beginning July 1, 2005, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Professional Services Fund amounts equal to one-fourth |
of each of the following totals:
|
General Revenue Fund ...........................$4,440,000 |
Road Fund ......................................$5,324,411 |
Total $9,764,411
|
(e-15) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, the State Comptroller shall direct and the |
State Treasurer shall transfer from the funds specified into |
the Professional Services Fund according to the schedule |
specified herein as follows:
|
General Revenue Fund ..........................$4,466,000
|
Road Fund .....................................$5,355,500
|
Total $9,821,500
|
|
One-fourth of the specified amount shall be transferred on |
each of July 1 and October 1, 2006, or as soon as may be |
practical thereafter, and one-half of the specified amount |
shall be transferred on January 1, 2007, or as soon as may be |
practical thereafter.
|
(e-20) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2010 and through June 30, |
2011, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification from the |
Director of Central Management Services, the State Comptroller |
shall direct and the State Treasurer shall transfer amounts |
into the Professional Services Fund from the designated funds |
not exceeding the following totals: |
Grade Crossing Protection Fund ...................$55,300 |
Financial Institution Fund .......................$10,000 |
General Professions Dedicated Fund ...............$11,600 |
Illinois Veterans' Rehabilitation Fund ...........$10,800 |
State Boating Act Fund ...........................$23,500 |
State Parks Fund .................................$21,200 |
Agricultural Premium Fund ........................$55,400 |
Fire Prevention Fund .............................$46,100 |
Mental Health Fund ...............................$45,200 |
Illinois State Pharmacy Disciplinary Fund ...........$300 |
Radiation Protection Fund ........................$12,900 |
Solid Waste Management Fund ......................$48,100 |
Illinois Gaming Law Enforcement Fund ..............$2,900 |
|
Subtitle D Management Fund ........................$6,300 |
Illinois State Medical Disciplinary Fund ..........$9,200 |
Weights and Measures Fund .........................$6,700 |
Violence Prevention Fund ..........................$4,000 |
Capital Development Board Revolving Fund ..........$7,900 |
DCFS Children's Services Fund ...................$804,800 |
Illinois Health Facilities Planning Fund ..........$4,000 |
Emergency Public Health Fund ......................$7,600 |
Nursing Dedicated and Professional Fund ...........$5,600 |
State Rail Freight Loan Repayment Fund ............$1,700 |
Drunk and Drugged Driving Prevention Fund .........$4,600 |
Community Water Supply Laboratory Fund ............$3,100 |
Used Tire Management Fund ........................$15,200 |
Natural Areas Acquisition Fund ...................$33,400 |
Open Space Lands Acquisition |
and Development Fund .........................$62,100 |
Working Capital Revolving Fund ...................$91,700 |
State Garage Revolving Fund ......................$89,600 |
Statistical Services Revolving Fund .............$277,700 |
Communications Revolving Fund ...................$248,100 |
Facilities Management Revolving Fund ............$472,600 |
Public Health Laboratory Services |
Revolving Fund ................................$5,900 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund ............................$7,900 |
Drug Treatment Fund ...............................$8,700 |
|
Tax Compliance and Administration Fund ............$8,300 |
Trauma Center Fund ...............................$34,800 |
Illinois State Fair Fund .........................$12,700 |
Department of Corrections |
Reimbursement and Education Fund .............$77,600 |
Illinois Historic Sites Fund ......................$4,200 |
Pesticide Control Fund ............................$7,000 |
Partners for Conservation Fund ...................$25,000 |
International Tourism Fund .......................$14,100 |
Horse Racing Fund ................................$14,800 |
Motor Carrier Safety Inspection Fund ..............$4,500 |
Illinois Standardbred Breeders Fund ...............$3,400 |
Illinois Thoroughbred Breeders Fund ...............$5,200 |
Illinois Clean Water Fund ........................$19,400 |
Child Support Administrative Fund ...............$398,000 |
Tourism Promotion Fund ...........................$75,300 |
Digital Divide Elimination Fund ..................$11,800 |
Presidential Library and Museum Operating Fund ...$25,900 |
Medical Special Purposes Trust Fund ..............$10,800 |
Dram Shop Fund ...................................$12,700 |
Cycle Rider Safety Training Fund ..................$7,100 |
State Police Services Fund .......................$43,600 |
Metabolic Screening and Treatment Fund ...........$23,900 |
Insurance Producer Administration Fund ...........$16,800 |
Coal Technology Development Assistance Fund ......$43,700 |
Environmental Protection Permit |
|
and Inspection Fund ..........................$21,600 |
Park and Conservation Fund .......................$38,100 |
Local Tourism Fund ...............................$31,800 |
Illinois Capital Revolving Loan Fund ..............$5,800 |
Large Business Attraction Fund ......................$300 |
Adeline Jay Geo-Karis Illinois |
Beach Marina Fund .............................$5,000 |
Insurance Financial Regulation Fund ..............$23,000 |
Total $3,547,900 |
(e-25) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, the State Comptroller shall direct and the |
State Treasurer shall transfer from the funds specified into |
the Professional Services Fund according to the schedule |
specified as follows: |
General Revenue Fund ..........................$4,600,000 |
Road Fund .....................................$4,852,500 |
Total $9,452,500 |
One fourth of the specified amount shall be transferred on |
each of July 1 and October 1, 2010, or as soon as may be |
practical thereafter, and one half of the specified amount |
shall be transferred on January 1, 2011, or as soon as may be |
practical thereafter. |
(e-30) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, the State Comptroller shall direct and the |
|
State Treasurer shall transfer from the funds specified into |
the Professional Services Fund according to the schedule |
specified as follows: |
General Revenue Fund ..........................$4,600,000 |
One-fourth of the specified amount shall be transferred on |
each of July 1 and October 1, 2011, or as soon as may be |
practical thereafter, and one-half of the specified amount |
shall be transferred on January 1, 2012, or as soon as may be |
practical thereafter. |
(e-35) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2013 and through June 30, |
2014, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification from the |
Director of Central Management Services, the State Comptroller |
shall direct and the State Treasurer shall transfer amounts |
into the Professional Services Fund from the designated funds |
not exceeding the following totals: |
Financial Institution Fund ........................$2,500 |
General Professions Dedicated Fund ................$2,000 |
Illinois Veterans' Rehabilitation Fund .............$2,300 |
State Boating Act Fund .............................$5,500 |
State Parks Fund ...................................$4,800 |
Agricultural Premium Fund ..........................$9,900 |
Fire Prevention Fund ..............................$10,300 |
Mental Health Fund ................................$14,000 |
Illinois State Pharmacy Disciplinary Fund ...........$600 |
|
Radiation Protection Fund ..........................$3,400 |
Solid Waste Management Fund ........................$7,600 |
Illinois Gaming Law Enforcement Fund .................$800 |
Subtitle D Management Fund ...........................$700 |
Illinois State Medical Disciplinary Fund ...........$2,000 |
Weights and Measures Fund .........................$20,300 |
ICJIA Violence Prevention Fund .......................$900 |
Capital Development Board Revolving Fund ...........$3,100 |
DCFS Children's Services Fund ....................$175,500 |
Illinois Health Facilities Planning Fund .............$800 |
Emergency Public Health Fund .......................$1,400 |
Nursing Dedicated and Professional Fund ............$1,200 |
State Rail Freight Loan Repayment Fund .............$2,300 |
Drunk and Drugged Driving Prevention Fund ............$800 |
Community Water Supply Laboratory Fund ...............$500 |
Used Tire Management Fund .........................$2,700 |
Natural Areas Acquisition Fund .....................$3,000 |
Open Space Lands Acquisition and Development Fund ..$7,300 |
Working Capital Revolving Fund ....................$22,900 |
State Garage Revolving Fund .......................$22,100 |
Statistical Services Revolving Fund ...............$67,100 |
Communications Revolving Fund .....................$56,900 |
Facilities Management Revolving Fund ..............$84,400 |
Public Health Laboratory Services Revolving Fund ....$300 |
Lead Poisoning Screening, Prevention, and |
Abatement Fund .................................$1,300 |
|
Tax Compliance and Administration Fund .............$1,700 |
Illinois State Fair Fund ...........................$2,300 |
Department of Corrections
Reimbursement |
and Education Fund ...........................$14,700 |
Illinois Historic Sites Fund .........................$900 |
Pesticide Control Fund .............................$2,000 |
Partners for Conservation Fund .....................$3,300 |
International Tourism Fund .........................$1,200 |
Horse Racing Fund ..................................$3,100 |
Motor Carrier Safety Inspection Fund ...............$1,000 |
Illinois Thoroughbred Breeders Fund ................$1,000 |
Illinois Clean Water Fund ..........................$7,400 |
Child Support Administrative Fund .................$82,100 |
Tourism Promotion Fund ............................$15,200 |
Presidential Library and Museum |
Operating Fund .................................$4,600 |
Dram Shop Fund .....................................$3,200 |
Cycle Rider Safety Training Fund ...................$2,100 |
State Police Services Fund .........................$8,500 |
Metabolic Screening and Treatment Fund .............$6,000 |
Insurance Producer Administration Fund .............$6,700 |
Coal Technology Development Assistance Fund ........$6,900 |
Environmental Protection Permit |
and Inspection Fund ...........................$3,800 |
Park and Conservation Fund .........................$7,500 |
Local Tourism Fund .................................$5,100 |
|
Illinois Capital Revolving Loan Fund .................$400 |
Adeline Jay Geo-Karis Illinois |
Beach Marina Fund ...............................$500 |
Insurance Financial Regulation Fund ................$8,200 |
Total $740,600 |
(e-40) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, the State Comptroller shall direct and the |
State Treasurer shall transfer from the funds specified into |
the Professional Services Fund according to the schedule |
specified as follows: |
General Revenue Fund ...........................$6,000,000 |
Road Fund ......................................$1,161,700 |
Total $7,161,700 |
(e-45) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2014 and through June 30, |
2015, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification from the |
Director of Central Management Services, the State Comptroller |
shall direct and the State Treasurer shall transfer amounts |
into the Professional Services Fund from the designated funds |
not exceeding the following totals: |
Financial Institution Fund .........................$2,500 |
General Professions Dedicated Fund .................$2,000 |
Illinois Veterans' Rehabilitation Fund .............$2,300 |
State Boating Act Fund .............................$5,500 |
|
State Parks Fund ...................................$4,800 |
Agricultural Premium Fund ..........................$9,900 |
Fire Prevention Fund ..............................$10,300 |
Mental Health Fund ................................$14,000 |
Illinois State Pharmacy Disciplinary Fund ............$600 |
Radiation Protection Fund ..........................$3,400 |
Solid Waste Management Fund ........................$7,600 |
Illinois Gaming Law Enforcement Fund .................$800 |
Subtitle D Management Fund ...........................$700 |
Illinois State Medical Disciplinary Fund ...........$2,000 |
Weights and Measures Fund .........................$20,300 |
ICJIA Violence Prevention Fund .......................$900 |
Capital Development Board Revolving Fund ...........$3,100 |
DCFS Children's Services Fund ....................$175,500 |
Illinois Health Facilities Planning Fund .............$800 |
Emergency Public Health Fund .......................$1,400 |
Nursing Dedicated and Professional Fund ............$1,200 |
State Rail Freight Loan Repayment Fund .............$2,300 |
Drunk and Drugged Driving Prevention Fund ............$800 |
Community Water Supply Laboratory Fund ...............$500 |
Used Tire Management Fund ..........................$2,700 |
Natural Areas Acquisition Fund .....................$3,000 |
Open Space Lands Acquisition |
and Development Fund ...........................$7,300 |
Working Capital Revolving Fund ....................$22,900 |
State Garage Revolving Fund .......................$22,100 |
|
Statistical Services Revolving Fund ...............$67,100 |
Communications Revolving Fund .....................$56,900 |
Facilities Management Revolving Fund ..............$84,400 |
Public Health Laboratory Services |
Revolving Fund ...................................$300 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund .............................$1,300 |
Tax Compliance and Administration Fund .............$1,700 |
Illinois State Fair Fund ...........................$2,300 |
Department of Corrections |
Reimbursement and Education Fund ..............$14,700 |
Illinois Historic Sites Fund .........................$900 |
Pesticide Control Fund .............................$2,000 |
Partners for Conservation Fund .....................$3,300 |
International Tourism Fund .........................$1,200 |
Horse Racing Fund ..................................$3,100 |
Motor Carrier Safety Inspection Fund ...............$1,000 |
Illinois Thoroughbred Breeders Fund ................$1,000 |
Illinois Clean Water Fund ..........................$7,400 |
Child Support Administrative Fund .................$82,100 |
Tourism Promotion Fund ............................$15,200 |
Presidential Library and Museum Operating Fund .....$4,600 |
Dram Shop Fund .....................................$3,200 |
Cycle Rider Safety Training Fund ...................$2,100 |
State Police Services Fund .........................$8,500 |
Metabolic Screening and Treatment Fund .............$6,000 |
|
Insurance Producer Administration Fund .............$6,700 |
Coal Technology Development Assistance Fund ........$6,900 |
Environmental Protection Permit |
and Inspection Fund ............................$3,800 |
Park and Conservation Fund .........................$7,500 |
Local Tourism Fund .................................$5,100 |
Illinois Capital Revolving Loan Fund .................$400 |
Adeline Jay Geo-Karis Illinois |
Beach Marina Fund ................................$500 |
Insurance Financial Regulation Fund ................$8,200 |
Total $740,600 |
(e-50) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, the State Comptroller shall direct and the |
State Treasurer shall transfer from the fund specified into the |
Professional Services Fund according to the schedule specified |
as follows: |
Road Fund ......................................$1,161,700 |
One-fourth of the specified amount shall be transferred on |
each of July 1 and October 1, 2014, or as soon as may be |
practical thereafter, and one-half of the specified amount |
shall be transferred on January 1, 2015, or as soon as may be |
practical thereafter. |
(f) The term "professional services" means services |
rendered on behalf of State agencies and other State entities
|
pursuant to Section 405-293 of the Department of Central |
|
Management Services Law of the Civil Administrative Code of |
Illinois.
|
(Source: P.A. 97-641, eff. 12-19-11; 98-24, eff. 6-19-13.) |
(30 ILCS 105/6z-64) |
Sec. 6z-64. The Workers' Compensation Revolving Fund. |
(a) The Workers' Compensation Revolving Fund is created as |
a revolving fund, not subject to fiscal year limitations, in |
the State treasury. The following moneys shall be deposited |
into the Fund: |
(1) amounts authorized for transfer to the Fund from |
the General Revenue Fund and other State funds (except for |
funds classified by the Comptroller as federal trust funds |
or State trust funds) pursuant to State law or Executive |
Order; |
(2) federal funds received by the Department of Central |
Management Services (the "Department") as a result of |
expenditures from the Fund; |
(3) interest earned on moneys in the Fund; |
(4) receipts or inter-fund transfers resulting from |
billings issued to State agencies and universities for the |
cost of workers' compensation services that are not |
compensated through the specific fund transfers authorized |
by this Section, if any; |
(5) amounts received from a State agency or university |
for workers' compensation payments for temporary total |
|
disability, as provided in Section 405-105 of the |
Department of Central Management Services Law of the Civil |
Administrative Code of Illinois; and |
(6) amounts recovered through subrogation in workers' |
compensation and workers' occupational disease cases. |
(b) Moneys in the Fund may be used by the Department for |
reimbursement or payment for: |
(1) providing workers' compensation services to State |
agencies and State universities; or |
(2) providing for payment of administrative and other |
expenses (and, beginning January 1, 2013, fees and charges |
made pursuant to a contract with a private vendor) incurred |
in providing workers' compensation services. The |
Department, or any successor agency designated to enter |
into contracts with one or more private vendors for the |
administration of the workers' compensation program for |
State employees pursuant to subsection 10b of Section |
405-105 of the Department of Central Management Services |
Law of the Civil Administrative Code of Illinois, is |
authorized to establish one or more special funds, as |
separate accounts provided by any bank or banks as defined |
by the Illinois Banking Act, any savings and loan |
association or associations as defined by the Illinois |
Savings and Loan Act of 1985, or any credit union as |
defined by the Illinois Credit Union Act, to be held by the |
Director outside of the State treasury, for the purpose of |
|
receiving the transfer of moneys from the Workers' |
Compensation Revolving Fund. The Department may promulgate |
rules further defining the methodology for the transfers. |
Any interest earned by moneys in the funds or accounts |
shall be deposited into the Workers' Compensation |
Revolving Fund. The transferred moneys, and interest |
accrued thereon, shall be used exclusively for transfers to |
contracted private vendors or their financial institutions |
for payments to workers' compensation claimants and |
providers for workers' compensation services, claims, and |
benefits pursuant to this Section and subsection 9 of |
Section 405-105 of the Department of Central Management |
Services Law of the Civil Administrative Code of Illinois. |
The transferred moneys, and interest accrued thereon, |
shall not be used for any other purpose including, but not |
limited to, reimbursement or payment of administrative |
fees due the contracted vendor pursuant to its contract or |
contracts with the Department. |
(c) State agencies may direct the Comptroller to process |
inter-fund
transfers or make payment through the voucher and |
warrant process to the Workers' Compensation Revolving Fund in |
satisfaction of billings issued under subsection (a) of this |
Section. |
(d) Reconciliation. For the fiscal year beginning on July |
1, 2004 only, the Director of Central Management Services (the |
"Director") shall order that each State agency's payments and |
|
transfers made to the Fund be reconciled with actual Fund costs |
for workers' compensation services provided by the Department |
and attributable to the State agency and relevant fund on no |
less than an annual basis. The Director may require reports |
from State agencies as deemed necessary to perform this |
reconciliation. |
(d-5) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2005 and until June 30, 2006, |
in addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Director |
of Central Management Services, the State Comptroller shall |
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds |
not exceeding the following totals: |
Mental Health Fund ............................$17,694,000 |
Statistical Services Revolving Fund ............$1,252,600 |
Department of Corrections Reimbursement |
and Education Fund .........................$1,198,600 |
Communications Revolving Fund ....................$535,400 |
Child Support Administrative Fund ................$441,900 |
Health Insurance Reserve Fund ....................$238,900 |
Fire Prevention Fund .............................$234,100 |
Park and Conservation Fund .......................$142,000 |
Motor Fuel Tax Fund ..............................$132,800 |
Illinois Workers' Compensation |
Commission Operations Fund ...................$123,900 |
|
State Boating Act Fund ...........................$112,300 |
Public Utility Fund ..............................$106,500 |
State Lottery Fund ...............................$101,300 |
Traffic and Criminal Conviction |
Surcharge Fund ................................$88,500 |
State Surplus Property Revolving Fund .............$82,700 |
Natural Areas Acquisition Fund ....................$65,600 |
Securities Audit and Enforcement Fund .............$65,200 |
Agricultural Premium Fund .........................$63,400 |
Capital Development Fund ..........................$57,500 |
State Gaming Fund .................................$54,300 |
Underground Storage Tank Fund .....................$53,700 |
Illinois State Medical Disciplinary Fund ..........$53,000 |
Personal Property Tax Replacement Fund ............$53,000 |
General Professions Dedicated Fund ...............$51,900
|
Total $23,003,100
|
(d-10) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on the first day of each calendar quarter |
of the fiscal year beginning July 1, 2005, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Workers' Compensation Revolving Fund amounts equal to |
one-fourth of each of the following totals: |
General Revenue Fund ......................... $34,000,000 |
Road Fund .................................... $25,987,000 |
|
Total $59,987,000
|
(d-12) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on the effective date of this amendatory |
Act of the 94th General Assembly, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Workers' Compensation Revolving Fund the following |
amounts: |
General Revenue Fund ..........................$10,000,000 |
Road Fund ......................................$5,000,000 |
Total $15,000,000
|
(d-15) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on July 1, 2006, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Workers' Compensation Revolving Fund the following |
amounts: |
General Revenue Fund .........................$44,028,200
|
Road Fund ....................................$28,084,000
|
Total $72,112,200
|
(d-20) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2006 and until June 30, 2007, |
in addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Director |
|
of Central Management Services, the State Comptroller shall |
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds |
not exceeding the following totals: |
Mental Health Fund ............................$19,121,800 |
Statistical Services Revolving Fund ............$1,353,700 |
Department of Corrections Reimbursement |
and Education Fund .........................$1,295,300 |
Communications Revolving Fund ....................$578,600 |
Child Support Administrative Fund ................$477,600 |
Health Insurance Reserve Fund ....................$258,200 |
Fire Prevention Fund .............................$253,000 |
Park and Conservation Fund .......................$153,500 |
Motor Fuel Tax Fund ..............................$143,500 |
Illinois Workers' Compensation |
Commission Operations Fund ...................$133,900 |
State Boating Act Fund ...........................$121,400 |
Public Utility Fund ..............................$115,100 |
State Lottery Fund ...............................$109,500 |
Traffic and Criminal Conviction Surcharge Fund ....$95,700 |
State Surplus Property Revolving Fund .............$89,400 |
Natural Areas Acquisition Fund ....................$70,800 |
Securities Audit and Enforcement Fund .............$70,400 |
Agricultural Premium Fund .........................$68,500 |
State Gaming Fund .................................$58,600 |
Underground Storage Tank Fund .....................$58,000 |
|
Illinois State Medical Disciplinary Fund ..........$57,200 |
Personal Property Tax Replacement Fund ............$57,200 |
General Professions Dedicated Fund ...............$56,100
|
Total $24,797,000
|
(d-25) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on July 1, 2009, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Workers' Compensation Revolving Fund the following |
amounts: |
General Revenue Fund .........................$55,000,000 |
Road Fund ....................................$34,803,000 |
Total $89,803,000 |
(d-30) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2009 and until June 30, 2010, |
in addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Director |
of Central Management Services, the State Comptroller shall |
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds |
not exceeding the following totals: |
Food and Drug Safety Fund .........................$13,900 |
Teacher Certificate Fee Revolving Fund .............$6,500 |
Transportation Regulatory Fund ....................$14,500 |
Financial Institution Fund ........................$25,200 |
|
General Professions Dedicated Fund ................$25,300 |
Illinois Veterans' Rehabilitation Fund ............$64,600 |
State Boating Act Fund ...........................$177,100 |
State Parks Fund .................................$104,300 |
Lobbyist Registration Administration Fund .........$14,400 |
Agricultural Premium Fund .........................$79,100 |
Fire Prevention Fund .............................$360,200 |
Mental Health Fund .............................$9,725,200 |
Illinois State Pharmacy Disciplinary Fund ..........$5,600 |
Public Utility Fund ...............................$40,900 |
Radiation Protection Fund .........................$14,200 |
Firearm Owner's Notification Fund ..................$1,300 |
Solid Waste Management Fund .......................$74,100 |
Illinois Gaming Law Enforcement Fund ..............$17,800 |
Subtitle D Management Fund ........................$14,100 |
Illinois State Medical Disciplinary Fund ..........$26,500 |
Facility Licensing Fund ...........................$11,700 |
Plugging and Restoration Fund ......................$9,100 |
Explosives Regulatory Fund .........................$2,300 |
Aggregate Operations Regulatory Fund ...............$5,000 |
Coal Mining Regulatory Fund ........................$1,900 |
Registered Certified Public Accountants' |
Administration and Disciplinary Fund ...........$1,500 |
Weights and Measures Fund .........................$56,100 |
Division of Corporations Registered |
Limited Liability Partnership Fund .............$3,900 |
|
Illinois School Asbestos Abatement Fund ...........$14,000 |
Secretary of State Special License Plate Fund .....$30,700 |
Capital Development Board Revolving Fund ..........$27,000 |
DCFS Children's Services Fund .....................$69,300 |
Asbestos Abatement Fund ...........................$17,200 |
Illinois Health Facilities Planning Fund ..........$26,800 |
Emergency Public Health Fund .......................$5,600 |
Nursing Dedicated and Professional Fund ...........$10,000 |
Optometric Licensing and Disciplinary |
Board Fund .....................................$1,600 |
Underground Resources Conservation |
Enforcement Fund ..............................$11,500 |
Drunk and Drugged Driving Prevention Fund .........$18,200 |
Long Term Care Monitor/Receiver Fund ..............$35,400 |
Community Water Supply Laboratory Fund .............$5,600 |
Securities Investors Education Fund ................$2,000 |
Used Tire Management Fund .........................$32,400 |
Natural Areas Acquisition Fund ...................$101,200 |
Open Space Lands Acquisition |
and
Development Fund ..................$28,400 |
Working Capital Revolving Fund ...................$489,100 |
State Garage Revolving Fund ......................$791,900 |
Statistical Services Revolving Fund ............$3,984,700 |
Communications Revolving Fund ..................$1,432,800 |
Facilities Management Revolving Fund ...........$1,911,600 |
Professional Services Fund .......................$483,600 |
|
Motor Vehicle Review Board Fund ...................$15,000 |
Environmental Laboratory Certification Fund ........$3,000 |
Public Health Laboratory Services |
Revolving Fund .................................$2,500 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund ............................$28,200 |
Securities Audit and Enforcement Fund ............$258,400 |
Department of Business Services |
Special Operations Fund ......................$111,900 |
Feed Control Fund .................................$20,800 |
Tanning Facility Permit Fund .......................$5,400 |
Plumbing Licensure and Program Fund ...............$24,400 |
Tax Compliance and Administration Fund ............$27,200 |
Appraisal Administration Fund ......................$2,400 |
Small Business Environmental Assistance Fund .......$2,200 |
Illinois State Fair Fund ..........................$31,400 |
Secretary of State Special Services Fund .........$317,600 |
Department of Corrections Reimbursement |
and Education Fund ...........................$324,500 |
Health Facility Plan Review Fund ..................$31,200 |
Illinois Historic Sites Fund ......................$11,500 |
Attorney General Court Ordered and Voluntary |
Compliance Payment Projects Fund ..............$18,500 |
Public Pension Regulation Fund .....................$5,600 |
Illinois Charity Bureau Fund ......................$11,400 |
Renewable Energy Resources Trust Fund ..............$6,700 |
|
Energy Efficiency Trust Fund .......................$3,600 |
Pesticide Control Fund ............................$56,800 |
Attorney General Whistleblower Reward |
and Protection Fund ...........................$14,200 |
Partners for Conservation Fund ....................$36,900 |
Capital Litigation Trust Fund ........................$800 |
Motor Vehicle License Plate Fund ..................$99,700 |
Horse Racing Fund .................................$18,900 |
Death Certificate Surcharge Fund ..................$12,800 |
Auction Regulation Administration Fund ...............$500 |
Motor Carrier Safety Inspection Fund ..............$55,800 |
Assisted Living and Shared Housing |
Regulatory Fund ..................................$900 |
Illinois Thoroughbred Breeders Fund ................$9,200 |
Illinois Clean Water Fund .........................$42,300 |
Secretary of State DUI Administration Fund ........$16,100 |
Child Support Administrative Fund ..............$1,037,900 |
Secretary of State Police Services Fund ............$1,200 |
Tourism Promotion Fund ............................$34,400 |
IMSA Income Fund ..................................$12,700 |
Presidential Library and Museum Operating Fund ....$83,000 |
Dram Shop Fund ....................................$44,500 |
Illinois State Dental Disciplinary Fund ............$5,700 |
Cycle Rider Safety Training Fund ...................$8,700 |
Traffic and Criminal Conviction Surcharge Fund ...$106,100 |
Design Professionals Administration |
|
and Investigation Fund .........................$4,500 |
State Police Services Fund .......................$276,100 |
Metabolic Screening and Treatment Fund ............$90,800 |
Insurance Producer Administration Fund ............$45,600 |
Coal Technology Development Assistance Fund .......$11,700 |
Hearing Instrument Dispenser Examining |
and Disciplinary Fund ..........................$1,900 |
Low-Level Radioactive Waste Facility |
Development and Operation Fund .................$1,000 |
Environmental Protection Permit and |
Inspection Fund ...............................$66,900 |
Park and Conservation Fund .......................$199,300 |
Local Tourism Fund .................................$2,400 |
Illinois Capital Revolving Loan Fund ..............$10,000 |
Large Business Attraction Fund .......................$100 |
Adeline Jay Geo-Karis Illinois Beach |
Marina Fund ...................................$27,200 |
Public Infrastructure Construction |
Loan Revolving Fund ............................$1,700 |
Insurance Financial Regulation Fund ...............$69,200 |
Total $24,197,800 |
(d-35) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on July 1, 2010, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
|
into the Workers' Compensation Revolving Fund the following |
amounts: |
General Revenue Fund .........................$55,000,000 |
Road Fund ....................................$50,955,300 |
Total $105,955,300 |
(d-40) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2010 and until June 30, 2011, |
in addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Director |
of Central Management Services, the State Comptroller shall |
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds |
not exceeding the following totals: |
Food and Drug Safety Fund .........................$8,700 |
Financial Institution Fund .......................$44,500 |
General Professions Dedicated Fund ...............$51,400 |
Live and Learn Fund ..............................$10,900 |
Illinois Veterans' Rehabilitation Fund ..........$106,000 |
State Boating Act Fund ..........................$288,200 |
State Parks Fund ................................$185,900 |
Wildlife and Fish Fund ........................$1,550,300 |
Lobbyist Registration Administration Fund ........$18,100 |
Agricultural Premium Fund .......................$176,100 |
Mental Health Fund ..............................$291,900 |
Firearm Owner's Notification Fund .................$2,300 |
Illinois Gaming Law Enforcement Fund .............$11,300 |
|
Illinois State Medical Disciplinary Fund .........$42,300 |
Facility Licensing Fund ..........................$14,200 |
Plugging and Restoration Fund ....................$15,600 |
Explosives Regulatory Fund ........................$4,800 |
Aggregate Operations Regulatory Fund ..............$6,000 |
Coal Mining Regulatory Fund .......................$7,200 |
Registered Certified Public Accountants' |
Administration and Disciplinary Fund ..........$1,900 |
Weights and Measures Fund .......................$105,200 |
Division of Corporations Registered |
Limited Liability Partnership Fund ............$5,300 |
Illinois School Asbestos Abatement Fund ..........$19,900 |
Secretary of State Special License Plate Fund ....$38,700 |
DCFS Children's Services Fund ...................$123,100 |
Illinois Health Facilities Planning Fund .........$29,700 |
Emergency Public Health Fund ......................$6,800 |
Nursing Dedicated and Professional Fund ..........$13,500 |
Optometric Licensing and Disciplinary |
Board Fund ....................................$1,800 |
Underground Resources Conservation |
Enforcement Fund .............................$16,500 |
Mandatory Arbitration Fund ........................$5,400 |
Drunk and Drugged Driving Prevention Fund ........$26,400 |
Long Term Care Monitor/Receiver Fund .............$43,800 |
Securities Investors Education Fund ..............$28,500 |
Used Tire Management Fund .........................$6,300 |
|
Natural Areas Acquisition Fund ..................$185,000 |
Open Space Lands Acquisition and |
Development Fund .............................$46,800 |
Working Capital Revolving Fund ..................$741,500 |
State Garage Revolving Fund .....................$356,200 |
Statistical Services Revolving Fund ...........$1,775,900 |
Communications Revolving Fund ...................$630,600 |
Facilities Management Revolving Fund ............$870,800 |
Professional Services Fund ......................$275,500 |
Motor Vehicle Review Board Fund ..................$12,900 |
Public Health Laboratory Services |
Revolving Fund ................................$5,300 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund ...........................$42,100 |
Securities Audit and Enforcement Fund ...........$162,700 |
Department of Business Services |
Special Operations Fund .....................$143,700 |
Feed Control Fund ................................$32,300 |
Tanning Facility Permit Fund ......................$3,900 |
Plumbing Licensure and Program Fund ..............$32,600 |
Tax Compliance and Administration Fund ...........$48,400 |
Appraisal Administration Fund .....................$3,600 |
Illinois State Fair Fund .........................$30,200 |
Secretary of State Special Services Fund ........$214,400 |
Department of Corrections Reimbursement |
and Education Fund ..........................$438,300 |
|
Health Facility Plan Review Fund .................$29,900 |
Public Pension Regulation Fund ....................$9,900 |
Pesticide Control Fund ..........................$107,500 |
Partners for Conservation Fund ..................$189,300 |
Motor Vehicle License Plate Fund ................$143,800 |
Horse Racing Fund ................................$20,900 |
Death Certificate Surcharge Fund .................$16,800 |
Auction Regulation Administration Fund ............$1,000 |
Motor Carrier Safety Inspection Fund .............$56,800 |
Assisted Living and Shared Housing |
Regulatory Fund ...............................$2,200 |
Illinois Thoroughbred Breeders Fund ..............$18,100 |
Secretary of State DUI Administration Fund .......$19,800 |
Child Support Administrative Fund .............$1,809,500 |
Secretary of State Police Services Fund ...........$2,500 |
Medical Special Purposes Trust Fund ..............$20,400 |
Dram Shop Fund ...................................$57,200 |
Illinois State Dental Disciplinary Fund ...........$9,500 |
Cycle Rider Safety Training Fund .................$12,200 |
Traffic and Criminal Conviction Surcharge Fund ..$128,900 |
Design Professionals Administration |
and Investigation Fund ........................$7,300 |
State Police Services Fund ......................$335,700 |
Metabolic Screening and Treatment Fund ...........$81,600 |
Insurance Producer Administration Fund ...........$77,000 |
Hearing Instrument Dispenser Examining |
|
and Disciplinary Fund .........................$1,900 |
Park and Conservation Fund ......................$361,500 |
Adeline Jay Geo-Karis Illinois Beach |
Marina Fund ..................................$42,800 |
Insurance Financial Regulation Fund .............$108,000 |
Total $13,033,200 |
(d-45) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on July 1, 2011, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer the sum of $45,000,000 from |
the General Revenue Fund into the Workers' Compensation |
Revolving Fund. |
(d-50) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on July 1, 2014, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from the designated fund |
into the Workers' Compensation Revolving Fund the following |
amounts: |
Road Fund .....................................$19,714,700 |
(d-55) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2014 and until June 30, 2015, |
in addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Director |
of Central Management Services, the State Comptroller shall |
|
direct and the State Treasurer shall transfer amounts into the |
Workers' Compensation Revolving Fund from the designated funds |
not exceeding the following totals: |
Food and Drug Safety Fund ..........................$5,300 |
Teacher Certificate Fee Revolving Fund .............$2,100 |
Transportation Regulatory Fund .....................$5,500 |
Financial Institution Fund ........................$28,400 |
General Professions Dedicated Fund ................$21,600 |
Illinois Veterans' Rehabilitation Fund ............$53,200 |
State Boating Act Fund ...........................$117,500 |
State Parks Fund ..................................$82,400 |
Wildlife and Fish Fund ...........................$631,500 |
Lobbyist Registration Administration Fund .........$12,200 |
Agricultural Premium Fund .........................$43,400 |
Fire Prevention Fund .............................$194,800 |
Mental Health Fund ...............................$114,800 |
Illinois State Pharmacy Disciplinary Fund ..........$6,700 |
Public Utility Fund ...............................$13,900 |
Radiation Protection Fund .........................$21,600 |
Firearm Owner's Notification Fund ..................$3,100 |
Solid Waste Management Fund .......................$76,300 |
Illinois Gaming Law Enforcement Fund ...............$7,500 |
Subtitle D Management Fund .........................$6,900 |
Illinois State Medical Disciplinary Fund ..........$22,300 |
Facility Licensing Fund ............................$5,200 |
Plugging and Restoration Fund ......................$8,900 |
|
Explosives Regulatory Fund .........................$1,500 |
Aggregate Operations Regulatory Fund ...............$2,400 |
Coal Mining Regulatory Fund .......................$49,400 |
Registered Certified Public Accountants' |
Administration and Disciplinary Fund ...........$1,200 |
Weights and Measures Fund .........................$52,600 |
Division of Corporations Registered |
Limited Liability Partnership Fund .............$1,800 |
Illinois School Asbestos Abatement Fund ............$4,600 |
Secretary of State Special License Plate Fund .....$11,800 |
Capital Development Board Revolving Fund ...........$4,100 |
DCFS Children's Services Fund .....................$63,500 |
Asbestos Abatement Fund ............................$6,400 |
Illinois Health Facilities Planning Fund ..........$12,200 |
Emergency Public Health Fund .......................$3,300 |
Nursing Dedicated and Professional Fund ............$9,200 |
Optometric Licensing and Disciplinary |
Board Fund .......................................$900 |
Underground Resources Conservation |
Enforcement Fund ..............................$10,500 |
Mandatory Arbitration Fund ...........................$600 |
Drunk and Drugged Driving Prevention Fund .........$11,600 |
Long Term Care Monitor/Receiver Fund ..............$34,200 |
Community Water Supply Laboratory Fund .............$3,900 |
Securities Investors Education Fund ................$1,100 |
Used Tire Management Fund .........................$26,700 |
|
Natural Areas Acquisition Fund ....................$72,300 |
Open Space Lands Acquisition and |
Development Fund ..............................$20,500 |
Working Capital Revolving Fund ...................$487,900 |
State Garage Revolving Fund ......................$197,300 |
Statistical Services Revolving Fund ..............$812,500 |
Communications Revolving Fund ....................$317,000 |
Facilities Management Revolving Fund .............$400,700 |
Professional Services Fund ........................$71,100 |
Motor Vehicle Review Board Fund ....................$4,800 |
Environmental Laboratory Certification Fund ........$2,400 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund ............................$15,700 |
Securities Audit and Enforcement Fund ............$125,000 |
Department of Business Services |
Special Operations Fund .......................$60,000 |
Feed Control Fund .................................$19,600 |
Tanning Facility Permit Fund .........................$100 |
Plumbing Licensure and Program Fund ...............$12,000 |
Tax Compliance and Administration Fund ............$19,500 |
Appraisal Administration Fund ......................$2,400 |
Small Business Environmental Assistance Fund .......$6,000 |
Illinois State Fair Fund .............................$700 |
Secretary of State Special Services Fund ..........$90,800 |
Department of Corrections Reimbursement |
and Education Fund ...........................$293,300 |
|
Health Facility Plan Review Fund ..................$12,500 |
Illinois Historic Sites Fund ......................$19,000 |
Attorney General Court Ordered and Voluntary |
Compliance Payment Projects Fund ..............$17,900 |
Public Pension Regulation Fund .....................$2,000 |
Illinois Charity Bureau Fund .......................$4,000 |
Renewable Energy Resources Trust Fund ..............$8,800 |
Energy Efficiency Trust Fund .......................$5,200 |
Pesticide Control Fund ............................$52,900 |
Attorney General Whistleblower Reward |
and Protection Fund ...........................$10,300 |
Partners for Conservation Fund ....................$37,700 |
Motor Vehicle License Plate Fund ..................$11,500 |
Death Certificate Surcharge Fund ...................$1,000 |
Motor Carrier Safety Inspection Fund ..............$25,900 |
Assisted Living and Shared Housing |
Regulatory Fund ................................$2,300 |
Illinois Thoroughbred Breeders Fund ................$7,100 |
Illinois Clean Water Fund .........................$72,200 |
Secretary of State DUI Administration Fund .........$7,700 |
Child Support Administrative Fund ................$744,000 |
Secretary of State Police Services Fund ..............$600 |
Tourism Promotion Fund ............................$98,100 |
IMSA Income Fund ..................................$12,800 |
Presidential Library and Museum |
Operating Fund ...............................$145,800 |
|
Dram Shop Fund ....................................$35,600 |
Illinois State Dental Disciplinary Fund ............$4,100 |
Cycle Rider Safety Training Fund ...................$9,500 |
Traffic and Criminal Conviction Surcharge Fund ....$53,100 |
Design Professionals Administration |
and Investigation Fund .........................$4,200 |
State Police Services Fund .......................$123,100 |
Metabolic Screening and Treatment Fund ............$42,700 |
Insurance Producer Administration Fund ............$18,300 |
Coal Technology Development Assistance Fund .......$22,500 |
Violent Crime Victims Assistance Fund ..............$4,700 |
Hearing Instrument Dispenser Examining |
and Disciplinary Fund ............................$500 |
Low-Level Radioactive Waste Facility |
Development and Operation Fund .................$1,700 |
Environmental Protection Permit |
and Inspection Fund ...........................$45,300 |
Park and Conservation Fund .......................$165,700 |
Illinois Capital Revolving Loan Fund ..............$14,800 |
Adeline Jay Geo-Karis Illinois Beach |
Marina Fund ......................................$800 |
Insurance Financial Regulation Fund ...............$23,800 |
Total $6,699,900 |
(e) The term "workers' compensation services" means |
services, claims expenses, and related administrative costs |
incurred in performing the duties under
Sections 405-105 and |
|
405-411 of the Department of Central Management Services Law of |
the Civil Administrative Code of Illinois.
|
(Source: P.A. 97-641, eff. 12-19-11; 97-895, eff. 8-3-12; |
98-307, eff. 8-12-13.) |
(30 ILCS 105/6z-70) |
Sec. 6z-70. The Secretary of State Identification Security |
and Theft Prevention Fund. |
(a) The Secretary of State Identification Security and |
Theft Prevention Fund is created as a special fund in the State |
treasury. The Fund shall consist of any fund transfers, grants, |
fees, or moneys from other sources received for the purpose of |
funding identification security and theft prevention measures. |
(b) All moneys in the Secretary of State Identification |
Security and Theft Prevention Fund shall be used, subject to |
appropriation, for any costs related to implementing |
identification security and theft prevention measures. |
(c) Notwithstanding any other provision of State law to the |
contrary, on or after July 1, 2007, and until June 30, 2008, in |
addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Secretary |
of State, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts into the Secretary of State |
Identification Security and Theft Prevention Fund from the |
designated funds not exceeding the following totals: |
Lobbyist Registration Administration Fund .......$100,000 |
|
Registered Limited Liability Partnership Fund ....$75,000 |
Securities Investors Education Fund .............$500,000 |
Securities Audit and Enforcement Fund .........$5,725,000 |
Department of Business Services |
Special Operations Fund .......................$3,000,000 |
Corporate Franchise Tax Refund Fund ..........$3,000,000.
|
(d) Notwithstanding any other provision of State law to the |
contrary, on or after July 1, 2008, and until June 30, 2009, in |
addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Secretary |
of State, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts into the Secretary of State |
Identification Security and Theft Prevention Fund from the |
designated funds not exceeding the following totals: |
Lobbyist Registration Administration Fund ........$100,000 |
Registered Limited Liability Partnership Fund .....$75,000 |
Securities Investors Education Fund ..............$500,000 |
Securities Audit and Enforcement Fund ..........$5,725,000 |
Department of Business Services |
Special Operations Fund ...................$3,000,000 |
Corporate Franchise Tax Refund Fund ............$3,000,000 |
State Parking Facility Maintenance Fund .........$100,000 |
(e) Notwithstanding any other provision of State law to the |
contrary, on or after July 1, 2009, and until June 30, 2010, in |
addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Secretary |
|
of State, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts into the Secretary of State |
Identification Security and Theft Prevention Fund from the |
designated funds not exceeding the following totals: |
Lobbyist Registration Administration Fund .......$100,000 |
Registered Limited Liability Partnership Fund ...$175,000 |
Securities Investors Education Fund .............$750,000 |
Securities Audit and Enforcement Fund ...........$750,000 |
Department of Business Services |
Special Operations Fund ...................$3,000,000 |
Corporate Franchise Tax Refund Fund ...........$3,000,000 |
State Parking Facility Maintenance Fund .........$100,000 |
(f) Notwithstanding any other provision of State law to the |
contrary, on or after July 1, 2010, and until June 30, 2011, in |
addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Secretary |
of State, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts into the Secretary of State |
Identification Security and Theft Prevention Fund from the |
designated funds not exceeding the following totals: |
Registered Limited Liability Partnership Fund ...$287,000 |
Securities Investors Education Board ............$750,000 |
Securities Audit and Enforcement Fund ...........$750,000 |
Department of Business Services Special |
Operations Fund ...........................$3,000,000 |
Corporate Franchise Tax Refund Fund ...........$3,000,000 |
|
(g) Notwithstanding any other provision of State law to the |
contrary, on or after July 1, 2011, and until June 30, 2012, in |
addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Secretary |
of State, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts into the Secretary of State |
Identification Security and Theft Prevention Fund from the |
designated funds not exceeding the following totals: |
Division of Corporations Registered |
Limited Liability Partnership Fund ...........$287,000 |
Securities Investors Education Fund ..............$750,000 |
Securities Audit and Enforcement Fund ..........$3,500,000 |
Department of Business Services |
Special Operations Fund ....................$3,000,000 |
Corporate Franchise Tax Refund Fund ...........$3,000,000 |
(h) Notwithstanding any other provision of State law to the |
contrary, on or after the effective date of this amendatory Act |
of the 98th General Assembly, and until June 30, 2014, in |
addition to any other transfers that may be provided for by |
law, at the direction of and upon notification from the |
Secretary of State, the State Comptroller shall direct and the |
State Treasurer shall transfer amounts into the Secretary of |
State Identification Security and Theft Prevention Fund from |
the designated funds not exceeding the following totals: |
Division of Corporations Registered Limited |
Liability Partnership Fund ..................$287,000 |
|
Securities Investors Education Fund ...........$1,500,000 |
Department of Business Services Special |
Operations Fund ...........................$3,000,000 |
Securities Audit and Enforcement Fund .........$3,500,000 |
Corporate Franchise Tax Refund Fund ...........$3,000,000 |
(i) Notwithstanding any other provision of State law to the |
contrary, on or after the effective date of this amendatory Act |
of the 98th General Assembly, and until June 30, 2015, in |
addition to any other transfers that may be provided for by |
law, at the direction of and upon notification of the Secretary |
of State, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts into the Secretary of State |
Identification Security and Theft Prevention Fund from the |
designated funds not exceeding the following totals: |
Division of Corporations Registered Limited |
Liability Partnership Fund ...................$287,000 |
Securities Investors Education Fund ............$1,500,000 |
Department of Business Services |
Special Operations Fund ....................$3,000,000 |
Securities Audit and Enforcement Fund ..........$3,500,000 |
Corporate Franchise Tax Refund Fund ............$3,000,000 |
(Source: P.A. 97-72, eff. 7-1-11; 98-24, eff. 6-19-13.) |
(30 ILCS 105/6z-100 new) |
Sec. 6z-100. Capital Development Board Revolving Fund; |
payments into and use. All monies received by the Capital |
|
Development Board for publications or copies issued by the |
Board, and all monies received for contract administration |
fees, charges, or reimbursements owing to the Board shall be |
deposited into a special fund known as the Capital Development |
Board Revolving Fund, which is hereby created in the State |
treasury. The monies in this Fund shall be used by the Capital |
Development Board, as appropriated, for expenditures for |
personal services, retirement, social security, contractual |
services, legal services, travel, commodities, printing, |
equipment, electronic data processing, or telecommunications. |
Unexpended moneys in the Fund shall not be transferred or |
allocated by the Comptroller or Treasurer to any other fund, |
nor shall the Governor authorize the transfer or allocation of |
those moneys to any other fund. This Section is repealed July |
1, 2016. |
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
Sec. 8.3. Money in the Road Fund shall, if and when the |
State of
Illinois incurs any bonded indebtedness for the |
construction of
permanent highways, be set aside and used for |
the purpose of paying and
discharging annually the principal |
and interest on that bonded
indebtedness then due and payable, |
and for no other purpose. The
surplus, if any, in the Road Fund |
after the payment of principal and
interest on that bonded |
indebtedness then annually due shall be used as
follows: |
first -- to pay the cost of administration of Chapters |
|
2 through 10 of
the Illinois Vehicle Code, except the cost |
of administration of Articles I and
II of Chapter 3 of that |
Code; and |
secondly -- for expenses of the Department of |
Transportation for
construction, reconstruction, |
improvement, repair, maintenance,
operation, and |
administration of highways in accordance with the
|
provisions of laws relating thereto, or for any purpose |
related or
incident to and connected therewith, including |
the separation of grades
of those highways with railroads |
and with highways and including the
payment of awards made |
by the Illinois Workers' Compensation Commission under the |
terms of
the Workers' Compensation Act or Workers' |
Occupational Diseases Act for
injury or death of an |
employee of the Division of Highways in the
Department of |
Transportation; or for the acquisition of land and the
|
erection of buildings for highway purposes, including the |
acquisition of
highway right-of-way or for investigations |
to determine the reasonably
anticipated future highway |
needs; or for making of surveys, plans,
specifications and |
estimates for and in the construction and maintenance
of |
flight strips and of highways necessary to provide access |
to military
and naval reservations, to defense industries |
and defense-industry
sites, and to the sources of raw |
materials and for replacing existing
highways and highway |
connections shut off from general public use at
military |
|
and naval reservations and defense-industry sites, or for |
the
purchase of right-of-way, except that the State shall |
be reimbursed in
full for any expense incurred in building |
the flight strips; or for the
operating and maintaining of |
highway garages; or for patrolling and
policing the public |
highways and conserving the peace; or for the operating |
expenses of the Department relating to the administration |
of public transportation programs; or, during fiscal year |
2012 only, for the purposes of a grant not to exceed |
$8,500,000 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses; or, during fiscal year 2013 only, for the |
purposes of a grant not to exceed $3,825,000 to the |
Regional Transportation Authority on behalf of PACE for the |
purpose of ADA/Para-transit expenses; or, during fiscal |
year 2014 only, for the purposes of a grant not to exceed |
$3,825,000 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses; or, during fiscal year 2015 only, for the |
purposes of a grant not to exceed $3,825,000 to the |
Regional Transportation Authority on behalf of PACE for the |
purpose of ADA/Para-transit expenses; or for any of
those |
purposes or any other purpose that may be provided by law. |
Appropriations for any of those purposes are payable from |
the Road
Fund. Appropriations may also be made from the Road |
Fund for the
administrative expenses of any State agency that |
|
are related to motor
vehicles or arise from the use of motor |
vehicles. |
Beginning with fiscal year 1980 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement; |
1. Department of Public Health; |
2. Department of Transportation, only with respect to |
subsidies for
one-half fare Student Transportation and |
Reduced Fare for Elderly, except during fiscal year 2012 |
only when no more than $40,000,000 may be expended and |
except during fiscal year 2013 only when no more than |
$17,570,300 may be expended and except during fiscal year |
2014 only when no more than $17,570,000 may be expended and |
except during fiscal year 2015 only when no more than |
$17,570,000 may be expended ; |
3. Department of Central Management
Services, except |
for expenditures
incurred for group insurance premiums of |
appropriate personnel; |
4. Judicial Systems and Agencies. |
Beginning with fiscal year 1981 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
|
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Department of State Police, except for expenditures |
with
respect to the Division of Operations; |
2. Department of Transportation, only with respect to |
Intercity Rail
Subsidies, except during fiscal year 2012 |
only when no more than $40,000,000 may be expended and |
except during fiscal year 2013 only when no more than |
$26,000,000 may be expended and except during fiscal year |
2014 only when no more than $38,000,000 may be expended and |
except during fiscal year 2015 only when no more than |
$42,000,000 may be expended , and Rail Freight Services. |
Beginning with fiscal year 1982 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: Department
of Central |
Management Services, except for awards made by
the Illinois |
Workers' Compensation Commission under the terms of the |
Workers' Compensation Act
or Workers' Occupational Diseases |
Act for injury or death of an employee of
the Division of |
Highways in the Department of Transportation. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
|
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Department of State Police, except not more than 40% |
of the
funds appropriated for the Division of Operations; |
2. State Officers. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to any Department or agency |
of State government
for administration, grants, or operations |
except as provided hereafter;
but this limitation is not a |
restriction upon appropriating for those
purposes any Road Fund |
monies that are eligible for federal
reimbursement. It shall |
not be lawful to circumvent the above
appropriation limitations |
by governmental reorganization or other
methods. |
Appropriations shall be made from the Road Fund only in
|
accordance with the provisions of this Section. |
Money in the Road Fund shall, if and when the State of |
Illinois
incurs any bonded indebtedness for the construction of |
permanent
highways, be set aside and used for the purpose of |
paying and
discharging during each fiscal year the principal |
and interest on that
bonded indebtedness as it becomes due and |
payable as provided in the
Transportation Bond Act, and for no |
other
purpose. The surplus, if any, in the Road Fund after the |
payment of
principal and interest on that bonded indebtedness |
then annually due
shall be used as follows: |
first -- to pay the cost of administration of Chapters |
|
2 through 10
of the Illinois Vehicle Code; and |
secondly -- no Road Fund monies derived from fees, |
excises, or
license taxes relating to registration, |
operation and use of vehicles on
public highways or to |
fuels used for the propulsion of those vehicles,
shall be |
appropriated or expended other than for costs of |
administering
the laws imposing those fees, excises, and |
license taxes, statutory
refunds and adjustments allowed |
thereunder, administrative costs of the
Department of |
Transportation, including, but not limited to, the |
operating expenses of the Department relating to the |
administration of public transportation programs, payment |
of debts and liabilities incurred
in construction and |
reconstruction of public highways and bridges,
acquisition |
of rights-of-way for and the cost of construction,
|
reconstruction, maintenance, repair, and operation of |
public highways and
bridges under the direction and |
supervision of the State, political
subdivision, or |
municipality collecting those monies, or during fiscal |
year 2012 only for the purposes of a grant not to exceed |
$8,500,000 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses, or during fiscal year 2013 only for the purposes |
of a grant not to exceed $3,825,000 to the Regional |
Transportation Authority on behalf of PACE for the purpose |
of ADA/Para-transit expenses, or during fiscal year 2014 |
|
only for the purposes of a grant not to exceed $3,825,000 |
to the Regional Transportation Authority on behalf of PACE |
for the purpose of ADA/Para-transit expenses , or during |
fiscal year 2015 only for the purposes of a grant not to |
exceed $3,825,000 to the Regional Transportation Authority |
on behalf of PACE for the purpose of ADA/Para-transit |
expenses , and the costs for
patrolling and policing the |
public highways (by State, political
subdivision, or |
municipality collecting that money) for enforcement of
|
traffic laws. The separation of grades of such highways |
with railroads
and costs associated with protection of |
at-grade highway and railroad
crossing shall also be |
permissible. |
Appropriations for any of such purposes are payable from |
the Road
Fund or the Grade Crossing Protection Fund as provided |
in Section 8 of
the Motor Fuel Tax Law. |
Except as provided in this paragraph, beginning with fiscal |
year 1991 and
thereafter, no Road Fund monies
shall be |
appropriated to the Department of State Police for the purposes |
of
this Section in excess of its total fiscal year 1990 Road |
Fund
appropriations for those purposes unless otherwise |
provided in Section 5g of
this Act.
For fiscal years 2003,
|
2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be |
appropriated to the
Department of State Police for the purposes |
of this Section in excess of
$97,310,000.
For fiscal year 2008 |
only, no Road
Fund monies shall be appropriated to the |
|
Department of State Police for the purposes of
this Section in |
excess of $106,100,000. For fiscal year 2009 only, no Road Fund |
monies shall be appropriated to the Department of State Police |
for the purposes of this Section in excess of $114,700,000. |
Beginning in fiscal year 2010, no road fund moneys shall be |
appropriated to the Department of State Police. It shall not be |
lawful to circumvent this limitation on
appropriations by |
governmental reorganization or other methods unless
otherwise |
provided in Section 5g of this Act. |
In fiscal year 1994, no Road Fund monies shall be |
appropriated
to the
Secretary of State for the purposes of this |
Section in excess of the total
fiscal year 1991 Road Fund |
appropriations to the Secretary of State for
those purposes, |
plus $9,800,000. It
shall not be
lawful to circumvent
this |
limitation on appropriations by governmental reorganization or |
other
method. |
Beginning with fiscal year 1995 and thereafter, no Road |
Fund
monies
shall be appropriated to the Secretary of State for |
the purposes of this
Section in excess of the total fiscal year |
1994 Road Fund
appropriations to
the Secretary of State for |
those purposes. It shall not be lawful to
circumvent this |
limitation on appropriations by governmental reorganization
or |
other methods. |
Beginning with fiscal year 2000, total Road Fund |
appropriations to the
Secretary of State for the purposes of |
this Section shall not exceed the
amounts specified for the |
|
following fiscal years: |
|
Fiscal Year 2000 | $80,500,000; | |
Fiscal Year 2001 | $80,500,000; | |
Fiscal Year 2002 | $80,500,000; | |
Fiscal Year 2003 | $130,500,000; | |
Fiscal Year 2004 | $130,500,000; | |
Fiscal Year 2005 | $130,500,000;
| |
Fiscal Year 2006
| $130,500,000;
| |
Fiscal Year 2007
| $130,500,000;
| |
Fiscal Year 2008 | $130,500,000; | |
Fiscal Year 2009 | $130,500,000. |
|
For fiscal year 2010, no road fund moneys shall be |
appropriated to the Secretary of State. |
Beginning in fiscal year 2011, moneys in the Road Fund |
shall be appropriated to the Secretary of State for the |
exclusive purpose of paying refunds due to overpayment of fees |
related to Chapter 3 of the Illinois Vehicle Code unless |
otherwise provided for by law. |
It shall not be lawful to circumvent this limitation on |
appropriations by
governmental reorganization or other |
methods. |
No new program may be initiated in fiscal year 1991 and
|
thereafter that is not consistent with the limitations imposed |
by this
Section for fiscal year 1984 and thereafter, insofar as |
appropriation of
Road Fund monies is concerned. |
Nothing in this Section prohibits transfers from the Road |
|
Fund to the
State Construction Account Fund under Section 5e of |
this Act; nor to the
General Revenue Fund, as authorized by |
this amendatory Act of
the 93rd
General Assembly. |
The additional amounts authorized for expenditure in this |
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
shall be repaid to the Road Fund
from the General Revenue Fund |
in the next succeeding fiscal year that the
General Revenue |
Fund has a positive budgetary balance, as determined by
|
generally accepted accounting principles applicable to |
government. |
The additional amounts authorized for expenditure by the |
Secretary of State
and
the Department of State Police in this |
Section by this amendatory Act of the
94th General Assembly |
shall be repaid to the Road Fund from the General Revenue Fund |
in the
next
succeeding fiscal year that the General Revenue |
Fund has a positive budgetary
balance,
as determined by |
generally accepted accounting principles applicable to
|
government. |
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
eff. 6-19-13.) |
(30 ILCS 105/8g-1) |
Sec. 8g-1. Fund FY13 fund transfers. |
(a) In addition to any other transfers that may be provided |
for by law, on and after July 1, 2012 and until May 1, 2013, at |
the direction of and upon notification from the Governor, the |
|
State Comptroller shall direct and the State Treasurer shall |
transfer amounts not exceeding a total of $80,000,000 from the |
General Revenue Fund to the Tobacco Settlement Recovery Fund. |
Any amounts so transferred shall be retransferred by the State |
Comptroller and the State Treasurer from the Tobacco Settlement |
Recovery Fund to the General Revenue Fund at the direction of |
and upon notification from the Governor, but in any event on or |
before June 30, 2013.
|
(b) In addition to any other transfers that may be provided |
for by law, on and after July 1, 2013 and until May 1, 2014, at |
the direction of and upon notification from the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer amounts not exceeding a total of $80,000,000 from the |
General Revenue Fund to the Tobacco Settlement Recovery Fund. |
Any amounts so transferred shall be retransferred by the State |
Comptroller and the State Treasurer from the Tobacco Settlement |
Recovery Fund to the General Revenue Fund at the direction of |
and upon notification from the Governor, but in any event on or |
before June 30, 2014. |
(c) In addition to any other transfers that may be provided |
for by law, on July 1, 2013, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $1,400,000 from the General |
Revenue Fund to the ICJIA Violence Prevention Fund. |
(d) In addition to any other transfers that may be provided |
for by law, on July 1, 2013, or as soon thereafter as |
|
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $1,500,000 from the General |
Revenue Fund to the Illinois Veterans Assistance Fund. |
(e) In addition to any other transfers that may be provided |
for by law, on July 1, 2013, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Senior Citizens Real Estate Deferred Tax |
Revolving Fund. |
(f) In addition to any other transfers that may be provided |
for by law, on July 1, 2013, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $4,000,000 from the General |
Revenue Fund to the Digital Divide Elimination Fund. |
(g) In addition to any other transfers that may be provided |
for by law, on July 1, 2013, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $5,000,000 from the General |
Revenue Fund to the Communications Revolving Fund. |
(h) In addition to any other transfers that may be provided |
for by law, on July 1, 2013, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $9,800,000 from the General |
Revenue Fund to the Presidential Library and Museum Operating |
Fund. |
(i) In addition to any other transfers that may be provided |
|
for by law, on and after July 1, 2014 and until May 1, 2015, at |
the direction of and upon notification from the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer amounts not exceeding a total of $80,000,000 from the |
General Revenue Fund to the Tobacco Settlement Recovery Fund. |
Any amounts so transferred shall be retransferred by the State |
Comptroller and the State Treasurer from the Tobacco Settlement |
Recovery Fund to the General Revenue Fund at the direction of |
and upon notification from the Governor, but in any event on or |
before June 30, 2015. |
(j) In addition to any other transfers that may be provided |
for by law, on July 1, 2014, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $10,000,000 from the |
General Revenue Fund to the Presidential Library and Museum |
Operating Fund. |
(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
|
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
|
Sec. 13.2. Transfers among line item appropriations. |
(a) Transfers among line item appropriations from the same
|
treasury fund for the objects specified in this Section may be |
made in
the manner provided in this Section when the balance |
remaining in one or
more such line item appropriations is |
insufficient for the purpose for
which the appropriation was |
made. |
|
(a-1) No transfers may be made from one
agency to another |
agency, nor may transfers be made from one institution
of |
higher education to another institution of higher education |
except as provided by subsection (a-4).
|
(a-2) Except as otherwise provided in this Section, |
transfers may be made only among the objects of expenditure |
enumerated
in this Section, except that no funds may be |
transferred from any
appropriation for personal services, from |
any appropriation for State
contributions to the State |
Employees' Retirement System, from any
separate appropriation |
for employee retirement contributions paid by the
employer, nor |
from any appropriation for State contribution for
employee |
group insurance. During State fiscal year 2005, an agency may |
transfer amounts among its appropriations within the same |
treasury fund for personal services, employee retirement |
contributions paid by employer, and State Contributions to |
retirement systems; notwithstanding and in addition to the |
transfers authorized in subsection (c) of this Section, the |
fiscal year 2005 transfers authorized in this sentence may be |
made in an amount not to exceed 2% of the aggregate amount |
appropriated to an agency within the same treasury fund. During |
State fiscal year 2007, the Departments of Children and Family |
Services, Corrections, Human Services, and Juvenile Justice |
may transfer amounts among their respective appropriations |
within the same treasury fund for personal services, employee |
retirement contributions paid by employer, and State |
|
contributions to retirement systems. During State fiscal year |
2010, the Department of Transportation may transfer amounts |
among their respective appropriations within the same treasury |
fund for personal services, employee retirement contributions |
paid by employer, and State contributions to retirement |
systems. During State fiscal years 2010 and 2014 only, an |
agency may transfer amounts among its respective |
appropriations within the same treasury fund for personal |
services, employee retirement contributions paid by employer, |
and State contributions to retirement systems. |
Notwithstanding, and in addition to, the transfers authorized |
in subsection (c) of this Section, these transfers may be made |
in an amount not to exceed 2% of the aggregate amount |
appropriated to an agency within the same treasury fund.
|
(a-2.5) During State fiscal year 2015 only, the State's |
Attorneys Appellate Prosecutor may transfer amounts among its |
respective appropriations contained in operational line items |
within the same treasury fund. Notwithstanding, and in addition |
to, the transfers authorized in subsection (c) of this Section, |
these transfers may be made in an amount not to exceed 4% of |
the aggregate amount appropriated to the State's Attorneys |
Appellate Prosecutor within the same treasury fund. |
(a-3) Further, if an agency receives a separate
|
appropriation for employee retirement contributions paid by |
the employer,
any transfer by that agency into an appropriation |
for personal services
must be accompanied by a corresponding |
|
transfer into the appropriation for
employee retirement |
contributions paid by the employer, in an amount
sufficient to |
meet the employer share of the employee contributions
required |
to be remitted to the retirement system. |
(a-4) Long-Term Care Rebalancing. The Governor may |
designate amounts set aside for institutional services |
appropriated from the General Revenue Fund or any other State |
fund that receives monies for long-term care services to be |
transferred to all State agencies responsible for the |
administration of community-based long-term care programs, |
including, but not limited to, community-based long-term care |
programs administered by the Department of Healthcare and |
Family Services, the Department of Human Services, and the |
Department on Aging, provided that the Director of Healthcare |
and Family Services first certifies that the amounts being |
transferred are necessary for the purpose of assisting persons |
in or at risk of being in institutional care to transition to |
community-based settings, including the financial data needed |
to prove the need for the transfer of funds. The total amounts |
transferred shall not exceed 4% in total of the amounts |
appropriated from the General Revenue Fund or any other State |
fund that receives monies for long-term care services for each |
fiscal year. A notice of the fund transfer must be made to the |
General Assembly and posted at a minimum on the Department of |
Healthcare and Family Services website, the Governor's Office |
of Management and Budget website, and any other website the |
|
Governor sees fit. These postings shall serve as notice to the |
General Assembly of the amounts to be transferred. Notice shall |
be given at least 30 days prior to transfer. |
(b) In addition to the general transfer authority provided |
under
subsection (c), the following agencies have the specific |
transfer authority
granted in this subsection: |
The Department of Healthcare and Family Services is |
authorized to make transfers
representing savings attributable |
to not increasing grants due to the
births of additional |
children from line items for payments of cash grants to
line |
items for payments for employment and social services for the |
purposes
outlined in subsection (f) of Section 4-2 of the |
Illinois Public Aid Code. |
The Department of Children and Family Services is |
authorized to make
transfers not exceeding 2% of the aggregate |
amount appropriated to it within
the same treasury fund for the |
following line items among these same line
items: Foster Home |
and Specialized Foster Care and Prevention, Institutions
and |
Group Homes and Prevention, and Purchase of Adoption and |
Guardianship
Services. |
The Department on Aging is authorized to make transfers not
|
exceeding 2% of the aggregate amount appropriated to it within |
the same
treasury fund for the following Community Care Program |
line items among these
same line items: purchase of services |
covered by the Community Care Program and Comprehensive Case |
Coordination. |
|
The State Treasurer is authorized to make transfers among |
line item
appropriations
from the Capital Litigation Trust |
Fund, with respect to costs incurred in
fiscal years 2002 and |
2003 only, when the balance remaining in one or
more such
line |
item appropriations is insufficient for the purpose for which |
the
appropriation was
made, provided that no such transfer may |
be made unless the amount transferred
is no
longer required for |
the purpose for which that appropriation was made. |
The State Board of Education is authorized to make |
transfers from line item appropriations within the same |
treasury fund for General State Aid and General State Aid - |
Hold Harmless, provided that no such transfer may be made |
unless the amount transferred is no longer required for the |
purpose for which that appropriation was made, to the line item |
appropriation for Transitional Assistance when the balance |
remaining in such line item appropriation is insufficient for |
the purpose for which the appropriation was made. |
The State Board of Education is authorized to make |
transfers between the following line item appropriations |
within the same treasury fund: Disabled Student |
Services/Materials (Section 14-13.01 of the School Code), |
Disabled Student Transportation Reimbursement (Section |
14-13.01 of the School Code), Disabled Student Tuition - |
Private Tuition (Section 14-7.02 of the School Code), |
Extraordinary Special Education (Section 14-7.02b of the |
School Code), Reimbursement for Free Lunch/Breakfast Program, |
|
Summer School Payments (Section 18-4.3 of the School Code), and |
Transportation - Regular/Vocational Reimbursement (Section |
29-5 of the School Code). Such transfers shall be made only |
when the balance remaining in one or more such line item |
appropriations is insufficient for the purpose for which the |
appropriation was made and provided that no such transfer may |
be made unless the amount transferred is no longer required for |
the purpose for which that appropriation was made. |
The Department of Healthcare and Family Services is |
authorized to make transfers not exceeding 4% of the aggregate |
amount appropriated to it, within the same treasury fund, among |
the various line items appropriated for Medical Assistance. |
(c) The sum of such transfers for an agency in a fiscal |
year shall not
exceed 2% of the aggregate amount appropriated |
to it within the same treasury
fund for the following objects: |
Personal Services; Extra Help; Student and
Inmate |
Compensation; State Contributions to Retirement Systems; State
|
Contributions to Social Security; State Contribution for |
Employee Group
Insurance; Contractual Services; Travel; |
Commodities; Printing; Equipment;
Electronic Data Processing; |
Operation of Automotive Equipment;
Telecommunications |
Services; Travel and Allowance for Committed, Paroled
and |
Discharged Prisoners; Library Books; Federal Matching Grants |
for
Student Loans; Refunds; Workers' Compensation, |
Occupational Disease, and
Tort Claims; and, in appropriations |
to institutions of higher education,
Awards and Grants. |
|
Notwithstanding the above, any amounts appropriated for
|
payment of workers' compensation claims to an agency to which |
the authority
to evaluate, administer and pay such claims has |
been delegated by the
Department of Central Management Services |
may be transferred to any other
expenditure object where such |
amounts exceed the amount necessary for the
payment of such |
claims. |
(c-1) Special provisions for State fiscal year 2003. |
Notwithstanding any
other provision of this Section to the |
contrary, for State fiscal year 2003
only, transfers among line |
item appropriations to an agency from the same
treasury fund |
may be made provided that the sum of such transfers for an |
agency
in State fiscal year 2003 shall not exceed 3% of the |
aggregate amount
appropriated to that State agency for State |
fiscal year 2003 for the following
objects: personal services, |
except that no transfer may be approved which
reduces the |
aggregate appropriations for personal services within an |
agency;
extra help; student and inmate compensation; State
|
contributions to retirement systems; State contributions to |
social security;
State contributions for employee group |
insurance; contractual services; travel;
commodities; |
printing; equipment; electronic data processing; operation of
|
automotive equipment; telecommunications services; travel and |
allowance for
committed, paroled, and discharged prisoners; |
library books; federal matching
grants for student loans; |
refunds; workers' compensation, occupational disease,
and tort |
|
claims; and, in appropriations to institutions of higher |
education,
awards and grants. |
(c-2) Special provisions for State fiscal year 2005. |
Notwithstanding subsections (a), (a-2), and (c), for State |
fiscal year 2005 only, transfers may be made among any line |
item appropriations from the same or any other treasury fund |
for any objects or purposes, without limitation, when the |
balance remaining in one or more such line item appropriations |
is insufficient for the purpose for which the appropriation was |
made, provided that the sum of those transfers by a State |
agency shall not exceed 4% of the aggregate amount appropriated |
to that State agency for fiscal year 2005.
|
(d) Transfers among appropriations made to agencies of the |
Legislative
and Judicial departments and to the |
constitutionally elected officers in the
Executive branch |
require the approval of the officer authorized in Section 10
of |
this Act to approve and certify vouchers. Transfers among |
appropriations
made to the University of Illinois, Southern |
Illinois University, Chicago State
University, Eastern |
Illinois University, Governors State University, Illinois
|
State University, Northeastern Illinois University, Northern |
Illinois
University, Western Illinois University, the Illinois |
Mathematics and Science
Academy and the Board of Higher |
Education require the approval of the Board of
Higher Education |
and the Governor. Transfers among appropriations to all other
|
agencies require the approval of the Governor. |
|
The officer responsible for approval shall certify that the
|
transfer is necessary to carry out the programs and purposes |
for which
the appropriations were made by the General Assembly |
and shall transmit
to the State Comptroller a certified copy of |
the approval which shall
set forth the specific amounts |
transferred so that the Comptroller may
change his records |
accordingly. The Comptroller shall furnish the
Governor with |
information copies of all transfers approved for agencies
of |
the Legislative and Judicial departments and transfers |
approved by
the constitutionally elected officials of the |
Executive branch other
than the Governor, showing the amounts |
transferred and indicating the
dates such changes were entered |
on the Comptroller's records. |
(e) The State Board of Education, in consultation with the |
State Comptroller, may transfer line item appropriations for |
General State Aid between the Common School Fund and the |
Education Assistance Fund. With the advice and consent of the |
Governor's Office of Management and Budget, the State Board of |
Education, in consultation with the State Comptroller, may |
transfer line item appropriations between the General Revenue |
Fund and the Education Assistance Fund for the following |
programs: |
(1) Disabled Student Personnel Reimbursement (Section |
14-13.01 of the School Code); |
(2) Disabled Student Transportation Reimbursement |
(subsection (b) of Section 14-13.01 of the School Code); |
|
(3) Disabled Student Tuition - Private Tuition |
(Section 14-7.02 of the School Code); |
(4) Extraordinary Special Education (Section 14-7.02b |
of the School Code); |
(5) Reimbursement for Free Lunch/Breakfast Programs; |
(6) Summer School Payments (Section 18-4.3 of the |
School Code); |
(7) Transportation - Regular/Vocational Reimbursement |
(Section 29-5 of the School Code); |
(8) Regular Education Reimbursement (Section 18-3 of |
the School Code); and |
(9) Special Education Reimbursement (Section 14-7.03 |
of the School Code). |
(Source: P.A. 97-689, eff. 7-1-12; 98-24, eff. 6-19-13.)
|
Section 20-15. The State Revenue Sharing Act is amended by |
changing Section 12 as follows:
|
(30 ILCS 115/12) (from Ch. 85, par. 616)
|
Sec. 12. Personal Property Tax Replacement Fund. There is |
hereby
created the Personal Property Tax Replacement Fund, a |
special fund in
the State Treasury into which shall be paid all |
revenue realized:
|
(a) all amounts realized from the additional personal |
property tax
replacement income tax imposed by subsections (c) |
and (d) of Section 201 of the
Illinois Income Tax Act, except |
|
for those amounts deposited into the Income Tax
Refund Fund |
pursuant to subsection (c) of Section 901 of the Illinois |
Income
Tax Act; and
|
(b) all amounts realized from the additional personal |
property replacement
invested capital taxes imposed by Section |
2a.1 of the Messages Tax
Act, Section 2a.1 of the Gas Revenue |
Tax Act, Section 2a.1 of the Public
Utilities Revenue Act, and |
Section 3 of the Water Company Invested Capital
Tax Act, and |
amounts payable to the Department of Revenue under the
|
Telecommunications Infrastructure Maintenance Fee Act.
|
As soon as may be after the end of each month, the |
Department of Revenue
shall certify to the Treasurer and the |
Comptroller the amount of all refunds
paid out of the General |
Revenue Fund through the preceding month on account
of |
overpayment of liability on taxes paid into the Personal |
Property Tax
Replacement Fund. Upon receipt of such |
certification, the Treasurer and
the Comptroller shall |
transfer the amount so certified from the Personal
Property Tax |
Replacement Fund into the General Revenue Fund.
|
The payments of revenue into the Personal Property Tax |
Replacement Fund
shall be used exclusively for distribution to |
taxing districts, regional offices and officials, and local |
officials as provided
in this Section and in the School Code, |
payment of the ordinary and contingent expenses of the Property |
Tax Appeal Board, payment of the expenses of the Department of |
Revenue incurred
in administering the collection and |
|
distribution of monies paid into the
Personal Property Tax |
Replacement Fund and transfers due to refunds to
taxpayers for |
overpayment of liability for taxes paid into the Personal
|
Property Tax Replacement Fund.
|
In addition, moneys in the Personal Property Tax
|
Replacement Fund may be used to pay any of the following: (i) |
salary, stipends, and additional compensation as provided by |
law for chief election clerks, county clerks, and county |
recorders; (ii) costs associated with regional offices of |
education and educational service centers; (iii) |
reimbursements payable by the State Board of Elections under |
Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
Election Code; and (iv) expenses of the Illinois Educational |
Labor Relations Board ; and (v) salary, personal services, and |
additional compensation as provided by law for court reporters |
under the Court Reporters Act . |
As soon as may be after the effective date of this |
amendatory Act of 1980,
the Department of Revenue shall certify |
to the Treasurer the amount of net
replacement revenue paid |
into the General Revenue Fund prior to that effective
date from |
the additional tax imposed by Section 2a.1 of the Messages Tax
|
Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of |
the Public
Utilities Revenue Act; Section 3 of the Water |
Company Invested Capital Tax Act;
amounts collected by the |
Department of Revenue under the Telecommunications |
Infrastructure Maintenance Fee Act; and the
additional |
|
personal
property tax replacement income tax imposed by
the |
Illinois Income Tax Act, as amended by Public
Act 81-1st |
Special Session-1. Net replacement revenue shall be defined as
|
the total amount paid into and remaining in the General Revenue |
Fund as a
result of those Acts minus the amount outstanding and |
obligated from the
General Revenue Fund in state vouchers or |
warrants prior to the effective
date of this amendatory Act of |
1980 as refunds to taxpayers for overpayment
of liability under |
those Acts.
|
All interest earned by monies accumulated in the Personal |
Property
Tax Replacement Fund shall be deposited in such Fund. |
All amounts allocated
pursuant to this Section are appropriated |
on a continuing basis.
|
Prior to December 31, 1980, as soon as may be after the end |
of each quarter
beginning with the quarter ending December 31, |
1979, and on and after
December 31, 1980, as soon as may be |
after January 1, March 1, April 1, May
1, July 1, August 1, |
October 1 and December 1 of each year, the Department
of |
Revenue shall allocate to each taxing district as defined in |
Section 1-150
of the Property Tax Code, in accordance with
the |
provisions of paragraph (2) of this Section the portion of the |
funds held
in the Personal Property Tax Replacement Fund which |
is required to be
distributed, as provided in paragraph (1), |
for each quarter. Provided,
however, under no circumstances |
shall any taxing district during each of the
first two years of |
distribution of the taxes imposed by this amendatory Act of
|
|
1979 be entitled to an annual allocation which is less than the |
funds such
taxing district collected from the 1978 personal |
property tax. Provided further
that under no circumstances |
shall any taxing district during the third year of
distribution |
of the taxes imposed by this amendatory Act of 1979 receive |
less
than 60% of the funds such taxing district collected from |
the 1978 personal
property tax. In the event that the total of |
the allocations made as above
provided for all taxing |
districts, during either of such 3 years, exceeds the
amount |
available for distribution the allocation of each taxing |
district shall
be proportionately reduced. Except as provided |
in Section 13 of this Act, the
Department shall then certify, |
pursuant to appropriation, such allocations to
the State |
Comptroller who shall pay over to the several taxing districts |
the
respective amounts allocated to them.
|
Any township which receives an allocation based in whole or |
in part upon
personal property taxes which it levied pursuant |
to Section 6-507 or 6-512
of the Illinois Highway Code and |
which was previously
required to be paid
over to a municipality |
shall immediately pay over to that municipality a
proportionate |
share of the personal property replacement funds which such
|
township receives.
|
Any municipality or township, other than a municipality |
with a population
in excess of 500,000, which receives an |
allocation based in whole or in
part on personal property taxes |
which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the |
|
Illinois Local Library Act and which was
previously
required to |
be paid over to a public library shall immediately pay over
to |
that library a proportionate share of the personal property tax |
replacement
funds which such municipality or township |
receives; provided that if such
a public library has converted |
to a library organized under The Illinois
Public Library |
District Act, regardless of whether such conversion has
|
occurred on, after or before January 1, 1988, such |
proportionate share
shall be immediately paid over to the |
library district which maintains and
operates the library. |
However, any library that has converted prior to January
1, |
1988, and which hitherto has not received the personal property |
tax
replacement funds, shall receive such funds commencing on |
January 1, 1988.
|
Any township which receives an allocation based in whole or |
in part on
personal property taxes which it levied pursuant to |
Section 1c of the Public
Graveyards Act and which taxes were |
previously required to be paid
over to or used for such public |
cemetery or cemeteries shall immediately
pay over to or use for |
such public cemetery or cemeteries a proportionate
share of the |
personal property tax replacement funds which the township
|
receives.
|
Any taxing district which receives an allocation based in |
whole or in
part upon personal property taxes which it levied |
for another
governmental body or school district in Cook County |
in 1976 or for
another governmental body or school district in |
|
the remainder of the
State in 1977 shall immediately pay over |
to that governmental body or
school district the amount of |
personal property replacement funds which
such governmental |
body or school district would receive directly under
the |
provisions of paragraph (2) of this Section, had it levied its |
own
taxes.
|
(1) The portion of the Personal Property Tax |
Replacement Fund required to
be
distributed as of the time |
allocation is required to be made shall be the
amount |
available in such Fund as of the time allocation is |
required to be made.
|
The amount available for distribution shall be the |
total amount in the
fund at such time minus the necessary |
administrative and other authorized expenses as limited
by |
the appropriation and the amount determined by: (a) $2.8 |
million for
fiscal year 1981; (b) for fiscal year 1982, |
.54% of the funds distributed
from the fund during the |
preceding fiscal year; (c) for fiscal year 1983
through |
fiscal year 1988, .54% of the funds distributed from the |
fund during
the preceding fiscal year less .02% of such |
fund for fiscal year 1983 and
less .02% of such funds for |
each fiscal year thereafter; (d) for fiscal
year 1989 |
through fiscal year 2011 no more than 105% of the actual |
administrative expenses
of the prior fiscal year; (e) for |
fiscal year 2012 and beyond, a sufficient amount to pay (i) |
stipends, additional compensation, salary reimbursements, |
|
and other amounts directed to be paid out of this Fund for |
local officials as authorized or required by statute and |
(ii) no more than 105% of the actual administrative |
expenses of the prior fiscal year, including payment of the |
ordinary and contingent expenses of the Property Tax Appeal |
Board and payment of the expenses of the Department of |
Revenue incurred in administering the collection and |
distribution of moneys paid into the Fund; or (f) for |
fiscal years 2012 and 2013 only, a sufficient amount to pay |
stipends, additional compensation, salary reimbursements, |
and other amounts directed to be paid out of this Fund for |
regional offices and officials as authorized or required by |
statute. Such portion of the fund shall be determined after
|
the transfer into the General Revenue Fund due to refunds, |
if any, paid
from the General Revenue Fund during the |
preceding quarter. If at any time,
for any reason, there is |
insufficient amount in the Personal Property
Tax |
Replacement Fund for payments for regional offices and |
officials or local officials or payment of costs of |
administration or for transfers
due to refunds at the end |
of any particular month, the amount of such
insufficiency |
shall be carried over for the purposes of payments for |
regional offices and officials, local officials, transfers |
into the
General Revenue Fund, and costs of administration |
to the
following month or months. Net replacement revenue |
held, and defined above,
shall be transferred by the |
|
Treasurer and Comptroller to the Personal Property
Tax |
Replacement Fund within 10 days of such certification.
|
(2) Each quarterly allocation shall first be |
apportioned in the
following manner: 51.65% for taxing |
districts in Cook County and 48.35%
for taxing districts in |
the remainder of the State.
|
The Personal Property Replacement Ratio of each taxing |
district
outside Cook County shall be the ratio which the Tax |
Base of that taxing
district bears to the Downstate Tax Base. |
The Tax Base of each taxing
district outside of Cook County is |
the personal property tax collections
for that taxing district |
for the 1977 tax year. The Downstate Tax Base
is the personal |
property tax collections for all taxing districts in the
State |
outside of Cook County for the 1977 tax year. The Department of
|
Revenue shall have authority to review for accuracy and |
completeness the
personal property tax collections for each |
taxing district outside Cook
County for the 1977 tax year.
|
The Personal Property Replacement Ratio of each Cook County |
taxing
district shall be the ratio which the Tax Base of that |
taxing district
bears to the Cook County Tax Base. The Tax Base |
of each Cook County
taxing district is the personal property |
tax collections for that taxing
district for the 1976 tax year. |
The Cook County Tax Base is the
personal property tax |
collections for all taxing districts in Cook
County for the |
1976 tax year. The Department of Revenue shall have
authority |
to review for accuracy and completeness the personal property |
|
tax
collections for each taxing district within Cook County for |
the 1976 tax year.
|
For all purposes of this Section 12, amounts paid to a |
taxing district
for such tax years as may be applicable by a |
foreign corporation under the
provisions of Section 7-202 of |
the Public Utilities Act, as amended,
shall be deemed to be |
personal property taxes collected by such taxing district
for |
such tax years as may be applicable. The Director shall |
determine from the
Illinois Commerce Commission, for any tax |
year as may be applicable, the
amounts so paid by any such |
foreign corporation to any and all taxing
districts. The |
Illinois Commerce Commission shall furnish such information to
|
the Director. For all purposes of this Section 12, the Director |
shall deem such
amounts to be collected personal property taxes |
of each such taxing district
for the applicable tax year or |
years.
|
Taxing districts located both in Cook County and in one or |
more other
counties shall receive both a Cook County allocation |
and a Downstate
allocation determined in the same way as all |
other taxing districts.
|
If any taxing district in existence on July 1, 1979 ceases |
to exist,
or discontinues its operations, its Tax Base shall |
thereafter be deemed
to be zero. If the powers, duties and |
obligations of the discontinued
taxing district are assumed by |
another taxing district, the Tax Base of
the discontinued |
taxing district shall be added to the Tax Base of the
taxing |
|
district assuming such powers, duties and obligations.
|
If two or more taxing districts in existence on July 1, |
1979, or a
successor or successors thereto shall consolidate |
into one taxing
district, the Tax Base of such consolidated |
taxing district shall be the
sum of the Tax Bases of each of |
the taxing districts which have consolidated.
|
If a single taxing district in existence on July 1, 1979, |
or a
successor or successors thereto shall be divided into two |
or more
separate taxing districts, the tax base of the taxing |
district so
divided shall be allocated to each of the resulting |
taxing districts in
proportion to the then current equalized |
assessed value of each resulting
taxing district.
|
If a portion of the territory of a taxing district is |
disconnected
and annexed to another taxing district of the same |
type, the Tax Base of
the taxing district from which |
disconnection was made shall be reduced
in proportion to the |
then current equalized assessed value of the disconnected
|
territory as compared with the then current equalized assessed |
value within the
entire territory of the taxing district prior |
to disconnection, and the
amount of such reduction shall be |
added to the Tax Base of the taxing
district to which |
annexation is made.
|
If a community college district is created after July 1, |
1979,
beginning on the effective date of this amendatory Act of |
1995, its Tax Base
shall be 3.5% of the sum of the personal |
property tax collected for the
1977 tax year within the |
|
territorial jurisdiction of the district.
|
The amounts allocated and paid to taxing districts pursuant |
to
the provisions of this amendatory Act of 1979 shall be |
deemed to be
substitute revenues for the revenues derived from |
taxes imposed on
personal property pursuant to the provisions |
of the "Revenue Act of
1939" or "An Act for the assessment and |
taxation of private car line
companies", approved July 22, |
1943, as amended, or Section 414 of the
Illinois Insurance |
Code, prior to the abolition of such taxes and shall
be used |
for the same purposes as the revenues derived from ad valorem
|
taxes on real estate.
|
Monies received by any taxing districts from the Personal |
Property
Tax Replacement Fund shall be first applied toward |
payment of the proportionate
amount of debt service which was |
previously levied and collected from
extensions against |
personal property on bonds outstanding as of December 31,
1978 |
and next applied toward payment of the proportionate share of |
the pension
or retirement obligations of the taxing district |
which were previously levied
and collected from extensions |
against personal property. For each such
outstanding bond |
issue, the County Clerk shall determine the percentage of the
|
debt service which was collected from extensions against real |
estate in the
taxing district for 1978 taxes payable in 1979, |
as related to the total amount
of such levies and collections |
from extensions against both real and personal
property. For |
1979 and subsequent years' taxes, the County Clerk shall levy
|
|
and extend taxes against the real estate of each taxing |
district which will
yield the said percentage or percentages of |
the debt service on such
outstanding bonds. The balance of the |
amount necessary to fully pay such debt
service shall |
constitute a first and prior lien upon the monies
received by |
each such taxing district through the Personal Property Tax
|
Replacement Fund and shall be first applied or set aside for |
such purpose.
In counties having fewer than 3,000,000 |
inhabitants, the amendments to
this paragraph as made by this |
amendatory Act of 1980 shall be first
applicable to 1980 taxes |
to be collected in 1981.
|
(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11; |
97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
|
Section 20-20. The General Obligation Bond Act is amended |
by changing Section 13 as follows:
|
(30 ILCS 330/13) (from Ch. 127, par. 663)
|
Sec. 13. Appropriation of Proceeds from Sale of Bonds.
|
(a) At all times, the proceeds from the sale of Bonds |
issued pursuant
to this Act are subject to appropriation by the |
General Assembly and,
except as provided in Section 7.2, may be |
obligated or expended only
with the written approval of the |
Governor, in such amounts, at such times,
and for such purposes |
as the respective
State agencies, as defined in Section 1-7 of |
the Illinois State Auditing
Act, as amended, deem necessary or |
|
desirable for the specific purposes
contemplated in Sections 2 |
through 8 of this Act. Notwithstanding any other provision of |
this Act, proceeds from the sale of Bonds issued pursuant to |
this Act appropriated by the General Assembly to the Architect |
of the Capitol may be obligated or expended by the Architect of |
the Capitol without the written approval of the Governor.
|
(b) Proceeds from the sale of Bonds for the purpose of |
development of
coal and alternative forms of energy shall be |
expended in such amounts and
at such times as the Department of |
Commerce and Economic Opportunity, with the
advice and |
recommendation of the Illinois Coal Development Board for coal
|
development projects, may deem necessary and desirable for the |
specific
purpose contemplated by Section 7 of this Act. In |
considering the approval
of projects to be funded, the |
Department of Commerce and
Economic Opportunity shall give
|
special
consideration to projects designed to remove sulfur and |
other pollutants in
the preparation and utilization of coal, |
and in the use and operation of
electric utility generating |
plants and industrial facilities which utilize
Illinois coal as |
their primary source of fuel.
|
(c) Except as directed in subsection (c-1) or (c-2), any |
monies received by any officer or employee of the state
|
representing a reimbursement of expenditures previously paid |
from general
obligation bond proceeds shall be deposited into |
the General Obligation
Bond Retirement and Interest Fund |
authorized in Section 14 of this Act.
|
|
(c-1) Any money received by the Department of |
Transportation as reimbursement for expenditures for high |
speed rail purposes pursuant to appropriations from the |
Transportation Bond, Series B Fund for (i) CREATE (Chicago |
Region Environmental and Transportation Efficiency), (ii) High |
Speed Rail, or (iii) AMTRAK projects authorized by the federal |
government under the provisions of the American Recovery and |
Reinvestment Act of 2009 or the Safe Accountable Flexible |
Efficient Transportation Equity Act—A Legacy for Users |
(SAFETEA-LU), or any successor federal transportation |
authorization Act, shall be deposited into the Federal High |
Speed Rail Trust Fund. |
(c-2) Any money received by the Department of |
Transportation as reimbursement for expenditures for transit |
capital purposes pursuant to appropriations from the |
Transportation Bond, Series B Fund for projects authorized by |
the federal government under the provisions of the American |
Recovery and Reinvestment Act of 2009 or the Safe Accountable |
Flexible Efficient Transportation Equity Act—A Legacy for |
Users (SAFETEA-LU), or any successor federal transportation |
authorization Act, shall be deposited into the Federal Mass |
Transit Trust Fund. |
(Source: P.A. 96-1488, eff. 12-30-10.)
|
Section 20-25. The Build Illinois Bond Act is amended by |
changing Section 17 as follows:
|
|
(30 ILCS 425/17) (from Ch. 127, par. 2817)
|
Sec. 17.
Investment of Money Not Needed for Current |
Expenditures -
Application of Earnings.
(a) The State Treasurer |
may, with the Governor's approval, invest and
reinvest any |
moneys on deposit in the Build Illinois Bond Fund and the
Build |
Illinois Bond Retirement and Interest Fund in the State |
Treasury
which are not needed for current expenditures due or |
about to become due
from such funds. Earnings or interest |
income from
investments in the Build Illinois Bond Fund shall |
be deposited by the
State Treasurer in the General Revenue |
Fund. Earnings or interest income
from investments in the Build |
Illinois Bond Retirement and
Interest Fund shall be deposited |
in the Build Illinois Bond Retirement and Interest Fund. Upon |
the direction of the Governor or his authorized representative, |
the State Treasurer and Comptroller shall transfer from the |
Build Illinois Bond Retirement and Interest Fund all such |
earnings or interest income derived from investments in the |
Build Illinois Bond Retirement and Interest Fund to the trustee |
under the Master Indenture.
|
(b) Moneys in the Build Illinois Bond Fund may be invested |
as permitted
in "An Act in relation to State moneys", approved |
June 28, 1919, as
amended, and in "An Act relating to certain |
investments of public funds by
public agencies", approved July |
23, 1943, as amended. Moneys on deposit in
the Build Illinois |
Bond Retirement and Interest Fund may be invested in
securities |
|
constituting direct obligations of the United States |
Government,
or in obligations the principal of and interest on |
which are guaranteed by
the United States Government, or in |
certificates of deposit of any state or
national bank which are |
fully secured by
obligations of, or guaranteed as to principal |
and interest by, the United
States Government. Moneys on |
deposit with indenture trustees shall be
invested in accordance |
with the above laws and the provisions of the
respective |
indentures.
|
(Source: P.A. 84-111.)
|
Section 20-30. The Illinois Grant Funds Recovery Act is |
amended by changing Section 4.2 as follows: |
(30 ILCS 705/4.2) |
Sec. 4.2. Suspension of grant making authority. Any grant |
funds and any grant program administered by a grantor agency |
subject to this Act are indefinitely suspended on July 1, 2015 |
June 30, 2014 , and on July 1st of every 5th year thereafter, |
unless the General Assembly, by law, authorizes that grantor |
agency to make grants or lifts the suspension of the |
authorization of that grantor agency to make grants. In the |
case of a suspension of the authorization of a grantor agency |
to make grants, the authority of that grantor agency to make |
grants is suspended until the suspension is explicitly lifted |
by law by the General Assembly, even if an appropriation has |
|
been made for the explicit purpose of such grants. This |
suspension of grant making authority supersedes any other law |
or rule to the contrary.
|
(Source: P.A. 97-732, eff. 6-30-12; 97-1144, eff. 12-28-12; |
98-24, eff. 6-19-13.) |
Section 20-35. The Private Colleges and Universities |
Capital Distribution Formula Act is amended by changing Section |
25-10 as follows: |
(30 ILCS 769/25-10)
|
Sec. 25-10. Distribution. This Act creates a distribution |
formula for funds appropriated from the Build Illinois Bond |
Fund to the Capital Development Board for the Illinois Board of |
Higher Education for grants to various private colleges and |
universities. |
Funds appropriated for this purpose shall be distributed by |
the Illinois Board of Higher Education through a formula to |
independent colleges that have been given operational approval |
by the Illinois Board of Higher Education as of the Fall 2008 |
term. The distribution formula shall have 2 components: a base |
grant portion of the appropriation and an FTE grant portion of |
the appropriation. Each independent college shall be awarded |
both a base grant portion of the appropriation and an FTE grant |
portion of the appropriation. |
The Illinois Board of Higher Education shall distribute |
|
moneys appropriated for this purpose to independent colleges |
based on the following base grant criteria: for each |
independent college reporting between 1 and 200 FTE a base |
grant of $200,000 shall be awarded; for each independent |
college reporting between 201 and 500 FTE a base grant of |
$1,000,000 shall be awarded; for each independent college |
reporting between 501 and 4,000 FTE a base grant of $2,000,000 |
shall be awarded; and for each independent college reporting |
4,001 or more FTE a base grant of $5,000,000 shall be awarded. |
The remainder of the moneys appropriated for this purpose |
shall be distributed by the Illinois Board of Higher Education |
to each independent college on a per capita basis as determined |
by the independent college's FTE as reported by the Illinois |
Board of Higher Education's most recent fall FTE report. |
Each independent college shall have up to 10 5 years from |
the date of appropriation to access and utilize its awarded |
amounts. If any independent college does not utilize its full |
award or a portion thereof after 10 5 years, the remaining |
funds shall be re-distributed to other independent colleges on |
an FTE basis.
|
(Source: P.A. 96-37, eff. 7-13-09.) |
Section 20-40. The Illinois Income Tax Act is amended by |
changing Section 901 as follows: |
(35 ILCS 5/901) (from Ch. 120, par. 9-901) |
|
Sec. 901. Collection Authority. |
(a) In general. |
The Department shall collect the taxes imposed by this Act. |
The Department
shall collect certified past due child support |
amounts under Section 2505-650
of the Department of Revenue Law |
(20 ILCS 2505/2505-650). Except as
provided in subsections (c), |
(e), (f), and (g) of this Section, money collected
pursuant to |
subsections (a) and (b) of Section 201 of this Act shall be
|
paid into the General Revenue Fund in the State treasury; money
|
collected pursuant to subsections (c) and (d) of Section 201 of |
this Act
shall be paid into the Personal Property Tax |
Replacement Fund, a special
fund in the State Treasury; and |
money collected under Section 2505-650 of the
Department of |
Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
|
Child Support Enforcement Trust Fund, a special fund outside |
the State
Treasury, or
to the State
Disbursement Unit |
established under Section 10-26 of the Illinois Public Aid
|
Code, as directed by the Department of Healthcare and Family |
Services. |
(b) Local Government Distributive Fund. |
Beginning August 1, 1969, and continuing through June 30, |
1994, the Treasurer
shall transfer each month from the General |
Revenue Fund to a special fund in
the State treasury, to be |
known as the "Local Government Distributive Fund", an
amount |
equal to 1/12 of the net revenue realized from the tax imposed |
by
subsections (a) and (b) of Section 201 of this Act during |
|
the preceding month.
Beginning July 1, 1994, and continuing |
through June 30, 1995, the Treasurer
shall transfer each month |
from the General Revenue Fund to the Local Government
|
Distributive Fund an amount equal to 1/11 of the net revenue |
realized from the
tax imposed by subsections (a) and (b) of |
Section 201 of this Act during the
preceding month. Beginning |
July 1, 1995 and continuing through January 31, 2011, the |
Treasurer shall transfer each
month from the General Revenue |
Fund to the Local Government Distributive Fund
an amount equal |
to the net of (i) 1/10 of the net revenue realized from the
tax |
imposed by
subsections (a) and (b) of Section 201 of the |
Illinois Income Tax Act during
the preceding month
(ii) minus, |
beginning July 1, 2003 and ending June 30, 2004, $6,666,666, |
and
beginning July 1,
2004,
zero. Beginning February 1, 2011, |
and continuing through January 31, 2015, the Treasurer shall |
transfer each month from the General Revenue Fund to the Local |
Government Distributive Fund an amount equal to the sum of (i) |
6% (10% of the ratio of the 3% individual income tax rate prior |
to 2011 to the 5% individual income tax rate after 2010) of the |
net revenue realized from the tax imposed by subsections (a) |
and (b) of Section 201 of this Act upon individuals, trusts, |
and estates during the preceding month and (ii) 6.86% (10% of |
the ratio of the 4.8% corporate income tax rate prior to 2011 |
to the 7% corporate income tax rate after 2010) of the net |
revenue realized from the tax imposed by subsections (a) and |
(b) of Section 201 of this Act upon corporations during the |
|
preceding month. Beginning February 1, 2015 and continuing |
through January 31, 2025, the Treasurer shall transfer each |
month from the General Revenue Fund to the Local Government |
Distributive Fund an amount equal to the sum of (i) 8% (10% of |
the ratio of the 3% individual income tax rate prior to 2011 to |
the 3.75% individual income tax rate after 2014) of the net |
revenue realized from the tax imposed by subsections (a) and |
(b) of Section 201 of this Act upon individuals, trusts, and |
estates during the preceding month and (ii) 9.14% (10% of the |
ratio of the 4.8% corporate income tax rate prior to 2011 to |
the 5.25% corporate income tax rate after 2014) of the net |
revenue realized from the tax imposed by subsections (a) and |
(b) of Section 201 of this Act upon corporations during the |
preceding month. Beginning February 1, 2025, the Treasurer |
shall transfer each month from the General Revenue Fund to the |
Local Government Distributive Fund an amount equal to the sum |
of (i) 9.23% (10% of the ratio of the 3% individual income tax |
rate prior to 2011 to the 3.25% individual income tax rate |
after 2024) of the net revenue realized from the tax imposed by |
subsections (a) and (b) of Section 201 of this Act upon |
individuals, trusts, and estates during the preceding month and |
(ii) 10% of the net revenue realized from the tax imposed by |
subsections (a) and (b) of Section 201 of this Act upon |
corporations during the preceding month. Net revenue realized |
for a month shall be defined as the
revenue from the tax |
imposed by subsections (a) and (b) of Section 201 of this
Act |
|
which is deposited in the General Revenue Fund, the Education |
Assistance
Fund, the Income Tax Surcharge Local Government |
Distributive Fund, the Fund for the Advancement of Education, |
and the Commitment to Human Services Fund during the
month |
minus the amount paid out of the General Revenue Fund in State |
warrants
during that same month as refunds to taxpayers for |
overpayment of liability
under the tax imposed by subsections |
(a) and (b) of Section 201 of this Act. |
(c) Deposits Into Income Tax Refund Fund. |
(1) Beginning on January 1, 1989 and thereafter, the |
Department shall
deposit a percentage of the amounts |
collected pursuant to subsections (a)
and (b)(1), (2), and |
(3), of Section 201 of this Act into a fund in the State
|
treasury known as the Income Tax Refund Fund. The |
Department shall deposit 6%
of such amounts during the |
period beginning January 1, 1989 and ending on June
30, |
1989. Beginning with State fiscal year 1990 and for each |
fiscal year
thereafter, the percentage deposited into the |
Income Tax Refund Fund during a
fiscal year shall be the |
Annual Percentage. For fiscal years 1999 through
2001, the |
Annual Percentage shall be 7.1%.
For fiscal year 2003, the |
Annual Percentage shall be 8%.
For fiscal year 2004, the |
Annual Percentage shall be 11.7%. Upon the effective date |
of this amendatory Act of the 93rd General Assembly, the |
Annual Percentage shall be 10% for fiscal year 2005. For |
fiscal year 2006, the Annual Percentage shall be 9.75%. For |
|
fiscal
year 2007, the Annual Percentage shall be 9.75%. For |
fiscal year 2008, the Annual Percentage shall be 7.75%. For |
fiscal year 2009, the Annual Percentage shall be 9.75%. For |
fiscal year 2010, the Annual Percentage shall be 9.75%. For |
fiscal year 2011, the Annual Percentage shall be 8.75%. For |
fiscal year 2012, the Annual Percentage shall be 8.75%. For |
fiscal year 2013, the Annual Percentage shall be 9.75%. For |
fiscal year 2014, the Annual Percentage shall be 9.5%. For |
fiscal year 2015, the Annual Percentage shall be 10%. For |
all other
fiscal years, the
Annual Percentage shall be |
calculated as a fraction, the numerator of which
shall be |
the amount of refunds approved for payment by the |
Department during
the preceding fiscal year as a result of |
overpayment of tax liability under
subsections (a) and |
(b)(1), (2), and (3) of Section 201 of this Act plus the
|
amount of such refunds remaining approved but unpaid at the |
end of the
preceding fiscal year, minus the amounts |
transferred into the Income Tax
Refund Fund from the |
Tobacco Settlement Recovery Fund, and
the denominator of |
which shall be the amounts which will be collected pursuant
|
to subsections (a) and (b)(1), (2), and (3) of Section 201 |
of this Act during
the preceding fiscal year; except that |
in State fiscal year 2002, the Annual
Percentage shall in |
no event exceed 7.6%. The Director of Revenue shall
certify |
the Annual Percentage to the Comptroller on the last |
business day of
the fiscal year immediately preceding the |
|
fiscal year for which it is to be
effective. |
(2) Beginning on January 1, 1989 and thereafter, the |
Department shall
deposit a percentage of the amounts |
collected pursuant to subsections (a)
and (b)(6), (7), and |
(8), (c) and (d) of Section 201
of this Act into a fund in |
the State treasury known as the Income Tax
Refund Fund. The |
Department shall deposit 18% of such amounts during the
|
period beginning January 1, 1989 and ending on June 30, |
1989. Beginning
with State fiscal year 1990 and for each |
fiscal year thereafter, the
percentage deposited into the |
Income Tax Refund Fund during a fiscal year
shall be the |
Annual Percentage. For fiscal years 1999, 2000, and 2001, |
the
Annual Percentage shall be 19%.
For fiscal year 2003, |
the Annual Percentage shall be 27%. For fiscal year
2004, |
the Annual Percentage shall be 32%.
Upon the effective date |
of this amendatory Act of the 93rd General Assembly, the |
Annual Percentage shall be 24% for fiscal year 2005.
For |
fiscal year 2006, the Annual Percentage shall be 20%. For |
fiscal
year 2007, the Annual Percentage shall be 17.5%. For |
fiscal year 2008, the Annual Percentage shall be 15.5%. For |
fiscal year 2009, the Annual Percentage shall be 17.5%. For |
fiscal year 2010, the Annual Percentage shall be 17.5%. For |
fiscal year 2011, the Annual Percentage shall be 17.5%. For |
fiscal year 2012, the Annual Percentage shall be 17.5%. For |
fiscal year 2013, the Annual Percentage shall be 14%. For |
fiscal year 2014, the Annual Percentage shall be 13.4%. For |
|
fiscal year 2015, the Annual Percentage shall be 14%. For |
all other fiscal years, the Annual
Percentage shall be |
calculated
as a fraction, the numerator of which shall be |
the amount of refunds
approved for payment by the |
Department during the preceding fiscal year as
a result of |
overpayment of tax liability under subsections (a) and |
(b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
Act plus the
amount of such refunds remaining approved but |
unpaid at the end of the
preceding fiscal year, and the |
denominator of
which shall be the amounts which will be |
collected pursuant to subsections (a)
and (b)(6), (7), and |
(8), (c) and (d) of Section 201 of this Act during the
|
preceding fiscal year; except that in State fiscal year |
2002, the Annual
Percentage shall in no event exceed 23%. |
The Director of Revenue shall
certify the Annual Percentage |
to the Comptroller on the last business day of
the fiscal |
year immediately preceding the fiscal year for which it is |
to be
effective. |
(3) The Comptroller shall order transferred and the |
Treasurer shall
transfer from the Tobacco Settlement |
Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 |
in January, 2001, (ii) $35,000,000 in January, 2002, and
|
(iii) $35,000,000 in January, 2003. |
(d) Expenditures from Income Tax Refund Fund. |
(1) Beginning January 1, 1989, money in the Income Tax |
Refund Fund
shall be expended exclusively for the purpose |
|
of paying refunds resulting
from overpayment of tax |
liability under Section 201 of this Act, for paying
rebates |
under Section 208.1 in the event that the amounts in the |
Homeowners'
Tax Relief Fund are insufficient for that |
purpose,
and for
making transfers pursuant to this |
subsection (d). |
(2) The Director shall order payment of refunds |
resulting from
overpayment of tax liability under Section |
201 of this Act from the
Income Tax Refund Fund only to the |
extent that amounts collected pursuant
to Section 201 of |
this Act and transfers pursuant to this subsection (d)
and |
item (3) of subsection (c) have been deposited and retained |
in the
Fund. |
(3) As soon as possible after the end of each fiscal |
year, the Director
shall
order transferred and the State |
Treasurer and State Comptroller shall
transfer from the |
Income Tax Refund Fund to the Personal Property Tax
|
Replacement Fund an amount, certified by the Director to |
the Comptroller,
equal to the excess of the amount |
collected pursuant to subsections (c) and
(d) of Section |
201 of this Act deposited into the Income Tax Refund Fund
|
during the fiscal year over the amount of refunds resulting |
from
overpayment of tax liability under subsections (c) and |
(d) of Section 201
of this Act paid from the Income Tax |
Refund Fund during the fiscal year. |
(4) As soon as possible after the end of each fiscal |
|
year, the Director shall
order transferred and the State |
Treasurer and State Comptroller shall
transfer from the |
Personal Property Tax Replacement Fund to the Income Tax
|
Refund Fund an amount, certified by the Director to the |
Comptroller, equal
to the excess of the amount of refunds |
resulting from overpayment of tax
liability under |
subsections (c) and (d) of Section 201 of this Act paid
|
from the Income Tax Refund Fund during the fiscal year over |
the amount
collected pursuant to subsections (c) and (d) of |
Section 201 of this Act
deposited into the Income Tax |
Refund Fund during the fiscal year. |
(4.5) As soon as possible after the end of fiscal year |
1999 and of each
fiscal year
thereafter, the Director shall |
order transferred and the State Treasurer and
State |
Comptroller shall transfer from the Income Tax Refund Fund |
to the General
Revenue Fund any surplus remaining in the |
Income Tax Refund Fund as of the end
of such fiscal year; |
excluding for fiscal years 2000, 2001, and 2002
amounts |
attributable to transfers under item (3) of subsection (c) |
less refunds
resulting from the earned income tax credit. |
(5) This Act shall constitute an irrevocable and |
continuing
appropriation from the Income Tax Refund Fund |
for the purpose of paying
refunds upon the order of the |
Director in accordance with the provisions of
this Section. |
(e) Deposits into the Education Assistance Fund and the |
Income Tax
Surcharge Local Government Distributive Fund. |
|
On July 1, 1991, and thereafter, of the amounts collected |
pursuant to
subsections (a) and (b) of Section 201 of this Act, |
minus deposits into the
Income Tax Refund Fund, the Department |
shall deposit 7.3% into the
Education Assistance Fund in the |
State Treasury. Beginning July 1, 1991,
and continuing through |
January 31, 1993, of the amounts collected pursuant to
|
subsections (a) and (b) of Section 201 of the Illinois Income |
Tax Act, minus
deposits into the Income Tax Refund Fund, the |
Department shall deposit 3.0%
into the Income Tax Surcharge |
Local Government Distributive Fund in the State
Treasury. |
Beginning February 1, 1993 and continuing through June 30, |
1993, of
the amounts collected pursuant to subsections (a) and |
(b) of Section 201 of the
Illinois Income Tax Act, minus |
deposits into the Income Tax Refund Fund, the
Department shall |
deposit 4.4% into the Income Tax Surcharge Local Government
|
Distributive Fund in the State Treasury. Beginning July 1, |
1993, and
continuing through June 30, 1994, of the amounts |
collected under subsections
(a) and (b) of Section 201 of this |
Act, minus deposits into the Income Tax
Refund Fund, the |
Department shall deposit 1.475% into the Income Tax Surcharge
|
Local Government Distributive Fund in the State Treasury. |
(f) Deposits into the Fund for the Advancement of |
Education. Beginning February 1, 2015, the Department shall |
deposit the following portions of the revenue realized from the |
tax imposed upon individuals, trusts, and estates by |
subsections (a) and (b) of Section 201 of this Act during the |
|
preceding month, minus deposits into the Income Tax Refund |
Fund, into the Fund for the Advancement of Education: |
(1) beginning February 1, 2015, and prior to February |
1, 2025, 1/30; and |
(2) beginning February 1, 2025, 1/26. |
If the rate of tax imposed by subsection (a) and (b) of |
Section 201 is reduced pursuant to Section 201.5 of this Act, |
the Department shall not make the deposits required by this |
subsection (f) on or after the effective date of the reduction. |
(g) Deposits into the Commitment to Human Services Fund. |
Beginning February 1, 2015, the Department shall deposit the |
following portions of the revenue realized from the tax imposed |
upon individuals, trusts, and estates by subsections (a) and |
(b) of Section 201 of this Act during the preceding month, |
minus deposits into the Income Tax Refund Fund, into the |
Commitment to Human Services Fund: |
(1) beginning February 1, 2015, and prior to February |
1, 2025, 1/30; and |
(2) beginning February 1, 2025, 1/26. |
If the rate of tax imposed by subsection (a) and (b) of |
Section 201 is reduced pursuant to Section 201.5 of this Act, |
the Department shall not make the deposits required by this |
subsection (g) on or after the effective date of the reduction. |
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
eff. 6-19-13.) |
|
Section 20-45. The Motor Fuel Tax Law is amended by |
changing Section 8 as follows:
|
(35 ILCS 505/8) (from Ch. 120, par. 424)
|
Sec. 8. Except as provided in Section 8a, subdivision
|
(h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and |
16 of Section 15, all money received by the Department under
|
this Act, including payments made to the Department by
member |
jurisdictions participating in the International Fuel Tax |
Agreement,
shall be deposited in a special fund in the State |
treasury, to be known as the
"Motor Fuel Tax Fund", and shall |
be used as follows:
|
(a) 2 1/2 cents per gallon of the tax collected on special |
fuel under
paragraph (b) of Section 2 and Section 13a of this |
Act shall be transferred
to the State Construction Account Fund |
in the State Treasury;
|
(b) $420,000 shall be transferred each month to the State |
Boating Act
Fund to be used by the Department of Natural |
Resources for the purposes
specified in Article X of the Boat |
Registration and Safety Act;
|
(c) $3,500,000 shall be transferred each month to the Grade |
Crossing
Protection Fund to be used as follows: not less than |
$12,000,000 each fiscal
year shall be used for the construction |
or reconstruction of rail highway grade
separation structures; |
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in |
fiscal year 2010 and each fiscal
year
thereafter shall be |
|
transferred to the Transportation
Regulatory Fund and shall be |
accounted for as part of the rail carrier
portion of such funds |
and shall be used to pay the cost of administration
of the |
Illinois Commerce Commission's railroad safety program in |
connection
with its duties under subsection (3) of Section |
18c-7401 of the Illinois
Vehicle Code, with the remainder to be |
used by the Department of Transportation
upon order of the |
Illinois Commerce Commission, to pay that part of the
cost |
apportioned by such Commission to the State to cover the |
interest
of the public in the use of highways, roads, streets, |
or
pedestrian walkways in the
county highway system, township |
and district road system, or municipal
street system as defined |
in the Illinois Highway Code, as the same may
from time to time |
be amended, for separation of grades, for installation,
|
construction or reconstruction of crossing protection or |
reconstruction,
alteration, relocation including construction |
or improvement of any
existing highway necessary for access to |
property or improvement of any
grade crossing and grade |
crossing surface including the necessary highway approaches |
thereto of any
railroad across the highway or public road, or |
for the installation,
construction, reconstruction, or |
maintenance of a pedestrian walkway over or
under a railroad |
right-of-way, as provided for in and in
accordance with Section |
18c-7401 of the Illinois Vehicle Code.
The Commission may order |
up to $2,000,000 per year in Grade Crossing Protection Fund |
moneys for the improvement of grade crossing surfaces and up to |
|
$300,000 per year for the maintenance and renewal of 4-quadrant |
gate vehicle detection systems located at non-high speed rail |
grade crossings. The Commission shall not order more than |
$2,000,000 per year in Grade
Crossing Protection Fund moneys |
for pedestrian walkways.
In entering orders for projects for |
which payments from the Grade Crossing
Protection Fund will be |
made, the Commission shall account for expenditures
authorized |
by the orders on a cash rather than an accrual basis. For |
purposes
of this requirement an "accrual basis" assumes that |
the total cost of the
project is expended in the fiscal year in |
which the order is entered, while a
"cash basis" allocates the |
cost of the project among fiscal years as
expenditures are |
actually made. To meet the requirements of this subsection,
the |
Illinois Commerce Commission shall develop annual and 5-year |
project plans
of rail crossing capital improvements that will |
be paid for with moneys from
the Grade Crossing Protection |
Fund. The annual project plan shall identify
projects for the |
succeeding fiscal year and the 5-year project plan shall
|
identify projects for the 5 directly succeeding fiscal years. |
The Commission
shall submit the annual and 5-year project plans |
for this Fund to the Governor,
the President of the Senate, the |
Senate Minority Leader, the Speaker of the
House of |
Representatives, and the Minority Leader of the House of
|
Representatives on
the first Wednesday in April of each year;
|
(d) of the amount remaining after allocations provided for |
in
subsections (a), (b) and (c), a sufficient amount shall be |
|
reserved to
pay all of the following:
|
(1) the costs of the Department of Revenue in |
administering this
Act;
|
(2) the costs of the Department of Transportation in |
performing its
duties imposed by the Illinois Highway Code |
for supervising the use of motor
fuel tax funds apportioned |
to municipalities, counties and road districts;
|
(3) refunds provided for in Section 13, refunds for |
overpayment of decal fees paid under Section 13a.4 of this |
Act, and refunds provided for under the terms
of the |
International Fuel Tax Agreement referenced in Section |
14a;
|
(4) from October 1, 1985 until June 30, 1994, the |
administration of the
Vehicle Emissions Inspection Law, |
which amount shall be certified monthly by
the |
Environmental Protection Agency to the State Comptroller |
and shall promptly
be transferred by the State Comptroller |
and Treasurer from the Motor Fuel Tax
Fund to the Vehicle |
Inspection Fund, and for the period July 1, 1994 through
|
June 30, 2000, one-twelfth of $25,000,000 each month, for |
the period July 1, 2000 through June 30, 2003,
one-twelfth |
of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, |
and $15,000,000 on January 1, 2004, and $15,000,000
on
each
|
July
1 and October 1, or as soon thereafter as may be |
practical, during the period July 1, 2004 through June 30, |
2012,
and $30,000,000 on June 1, 2013, or as soon |
|
thereafter as may be practical, and $15,000,000 on July 1 |
and October 1, or as soon thereafter as may be practical, |
during the period of July 1, 2013 through June 30, 2015 |
2014 , for the administration of the Vehicle Emissions |
Inspection Law of
2005, to be transferred by the State |
Comptroller and Treasurer from the Motor
Fuel Tax Fund into |
the Vehicle Inspection Fund;
|
(5) amounts ordered paid by the Court of Claims; and
|
(6) payment of motor fuel use taxes due to member |
jurisdictions under
the terms of the International Fuel Tax |
Agreement. The Department shall
certify these amounts to |
the Comptroller by the 15th day of each month; the
|
Comptroller shall cause orders to be drawn for such |
amounts, and the Treasurer
shall administer those amounts |
on or before the last day of each month;
|
(e) after allocations for the purposes set forth in |
subsections
(a), (b), (c) and (d), the remaining amount shall |
be apportioned as follows:
|
(1) Until January 1, 2000, 58.4%, and beginning January |
1, 2000, 45.6%
shall be deposited as follows:
|
(A) 37% into the State Construction Account Fund, |
and
|
(B) 63% into the Road Fund, $1,250,000 of which |
shall be reserved each
month for the Department of |
Transportation to be used in accordance with
the |
provisions of Sections 6-901 through 6-906 of the |
|
Illinois Highway Code;
|
(2) Until January 1, 2000, 41.6%, and beginning January |
1, 2000, 54.4%
shall be transferred to the Department of |
Transportation to be
distributed as follows:
|
(A) 49.10% to the municipalities of the State,
|
(B) 16.74% to the counties of the State having |
1,000,000 or more inhabitants,
|
(C) 18.27% to the counties of the State having less |
than 1,000,000 inhabitants,
|
(D) 15.89% to the road districts of the State.
|
As soon as may be after the first day of each month the |
Department of
Transportation shall allot to each municipality |
its share of the amount
apportioned to the several |
municipalities which shall be in proportion
to the population |
of such municipalities as determined by the last
preceding |
municipal census if conducted by the Federal Government or
|
Federal census. If territory is annexed to any municipality |
subsequent
to the time of the last preceding census the |
corporate authorities of
such municipality may cause a census |
to be taken of such annexed
territory and the population so |
ascertained for such territory shall be
added to the population |
of the municipality as determined by the last
preceding census |
for the purpose of determining the allotment for that
|
municipality. If the population of any municipality was not |
determined
by the last Federal census preceding any |
apportionment, the
apportionment to such municipality shall be |
|
in accordance with any
census taken by such municipality. Any |
municipal census used in
accordance with this Section shall be |
certified to the Department of
Transportation by the clerk of |
such municipality, and the accuracy
thereof shall be subject to |
approval of the Department which may make
such corrections as |
it ascertains to be necessary.
|
As soon as may be after the first day of each month the |
Department of
Transportation shall allot to each county its |
share of the amount
apportioned to the several counties of the |
State as herein provided.
Each allotment to the several |
counties having less than 1,000,000
inhabitants shall be in |
proportion to the amount of motor vehicle
license fees received |
from the residents of such counties, respectively,
during the |
preceding calendar year. The Secretary of State shall, on or
|
before April 15 of each year, transmit to the Department of
|
Transportation a full and complete report showing the amount of |
motor
vehicle license fees received from the residents of each |
county,
respectively, during the preceding calendar year. The |
Department of
Transportation shall, each month, use for |
allotment purposes the last
such report received from the |
Secretary of State.
|
As soon as may be after the first day of each month, the |
Department
of Transportation shall allot to the several |
counties their share of the
amount apportioned for the use of |
road districts. The allotment shall
be apportioned among the |
several counties in the State in the proportion
which the total |
|
mileage of township or district roads in the respective
|
counties bears to the total mileage of all township and |
district roads
in the State. Funds allotted to the respective |
counties for the use of
road districts therein shall be |
allocated to the several road districts
in the county in the |
proportion which the total mileage of such township
or district |
roads in the respective road districts bears to the total
|
mileage of all such township or district roads in the county. |
After
July 1 of any year prior to 2011, no allocation shall be |
made for any road district
unless it levied a tax for road and |
bridge purposes in an amount which
will require the extension |
of such tax against the taxable property in
any such road |
district at a rate of not less than either .08% of the value
|
thereof, based upon the assessment for the year immediately |
prior to the year
in which such tax was levied and as equalized |
by the Department of Revenue
or, in DuPage County, an amount |
equal to or greater than $12,000 per mile of
road under the |
jurisdiction of the road district, whichever is less. Beginning |
July 1, 2011 and each July 1 thereafter, an allocation shall be |
made for any road district
if it levied a tax for road and |
bridge purposes. In counties other than DuPage County, if the |
amount of the tax levy requires the extension of the tax |
against the taxable property in
the road district at a rate |
that is less than 0.08% of the value
thereof, based upon the |
assessment for the year immediately prior to the year
in which |
the tax was levied and as equalized by the Department of |
|
Revenue, then the amount of the allocation for that road |
district shall be a percentage of the maximum allocation equal |
to the percentage obtained by dividing the rate extended by the |
district by 0.08%. In DuPage County, if the amount of the tax |
levy requires the extension of the tax against the taxable |
property in
the road district at a rate that is less than the |
lesser of (i) 0.08% of the value
of the taxable property in the |
road district, based upon the assessment for the year |
immediately prior to the year
in which such tax was levied and |
as equalized by the Department of Revenue,
or (ii) a rate that |
will yield an amount equal to $12,000 per mile of
road under |
the jurisdiction of the road district, then the amount of the |
allocation for the road district shall be a percentage of the |
maximum allocation equal to the percentage obtained by dividing |
the rate extended by the district by the lesser of (i) 0.08% or |
(ii) the rate that will yield an amount equal to $12,000 per |
mile of
road under the jurisdiction of the road district. |
Prior to 2011, if any
road district has levied a special |
tax for road purposes
pursuant to Sections 6-601, 6-602 and |
6-603 of the Illinois Highway Code, and
such tax was levied in |
an amount which would require extension at a
rate of not less |
than .08% of the value of the taxable property thereof,
as |
equalized or assessed by the Department of Revenue,
or, in |
DuPage County, an amount equal to or greater than $12,000 per |
mile of
road under the jurisdiction of the road district, |
whichever is less,
such levy shall, however, be deemed a proper |
|
compliance with this
Section and shall qualify such road |
district for an allotment under this
Section. Beginning in 2011 |
and thereafter, if any
road district has levied a special tax |
for road purposes
under Sections 6-601, 6-602, and 6-603 of the |
Illinois Highway Code, and
the tax was levied in an amount that |
would require extension at a
rate of not less than 0.08% of the |
value of the taxable property of that road district,
as |
equalized or assessed by the Department of Revenue or, in |
DuPage County, an amount equal to or greater than $12,000 per |
mile of road under the jurisdiction of the road district, |
whichever is less, that levy shall be deemed a proper |
compliance with this
Section and shall qualify such road |
district for a full, rather than proportionate, allotment under |
this
Section. If the levy for the special tax is less than |
0.08% of the value of the taxable property, or, in DuPage |
County if the levy for the special tax is less than the lesser |
of (i) 0.08% or (ii) $12,000 per mile of road under the |
jurisdiction of the road district, and if the levy for the |
special tax is more than any other levy for road and bridge |
purposes, then the levy for the special tax qualifies the road |
district for a proportionate, rather than full, allotment under |
this Section. If the levy for the special tax is equal to or |
less than any other levy for road and bridge purposes, then any |
allotment under this Section shall be determined by the other |
levy for road and bridge purposes. |
Prior to 2011, if a township has transferred to the road |
|
and bridge fund
money which, when added to the amount of any |
tax levy of the road
district would be the equivalent of a tax |
levy requiring extension at a
rate of at least .08%, or, in |
DuPage County, an amount equal to or greater
than $12,000 per |
mile of road under the jurisdiction of the road district,
|
whichever is less, such transfer, together with any such tax |
levy,
shall be deemed a proper compliance with this Section and |
shall qualify
the road district for an allotment under this |
Section.
|
In counties in which a property tax extension limitation is |
imposed
under the Property Tax Extension Limitation Law, road |
districts may retain
their entitlement to a motor fuel tax |
allotment or, beginning in 2011, their entitlement to a full |
allotment if, at the time the property
tax
extension limitation |
was imposed, the road district was levying a road and
bridge |
tax at a rate sufficient to entitle it to a motor fuel tax |
allotment
and continues to levy the maximum allowable amount |
after the imposition of the
property tax extension limitation. |
Any road district may in all circumstances
retain its |
entitlement to a motor fuel tax allotment or, beginning in |
2011, its entitlement to a full allotment if it levied a road |
and
bridge tax in an amount that will require the extension of |
the tax against the
taxable property in the road district at a |
rate of not less than 0.08% of the
assessed value of the |
property, based upon the assessment for the year
immediately |
preceding the year in which the tax was levied and as equalized |
|
by
the Department of Revenue or, in DuPage County, an amount |
equal to or greater
than $12,000 per mile of road under the |
jurisdiction of the road district,
whichever is less.
|
As used in this Section the term "road district" means any |
road
district, including a county unit road district, provided |
for by the
Illinois Highway Code; and the term "township or |
district road"
means any road in the township and district road |
system as defined in the
Illinois Highway Code. For the |
purposes of this Section, "township or
district road" also |
includes such roads as are maintained by park
districts, forest |
preserve districts and conservation districts. The
Department |
of Transportation shall determine the mileage of all township
|
and district roads for the purposes of making allotments and |
allocations of
motor fuel tax funds for use in road districts.
|
Payment of motor fuel tax moneys to municipalities and |
counties shall
be made as soon as possible after the allotment |
is made. The treasurer
of the municipality or county may invest |
these funds until their use is
required and the interest earned |
by these investments shall be limited
to the same uses as the |
principal funds.
|
(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24, |
eff. 6-19-13.)
|
Section 20-50. The Illinois Pension Code is amended by |
changing Section 16-158 as follows:
|
|
(40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
|
(Text of Section before amendment by P.A. 98-599 )
|
Sec. 16-158. Contributions by State and other employing |
units.
|
(a) The State shall make contributions to the System by |
means of
appropriations from the Common School Fund and other |
State funds of amounts
which, together with other employer |
contributions, employee contributions,
investment income, and |
other income, will be sufficient to meet the cost of
|
maintaining and administering the System on a 90% funded basis |
in accordance
with actuarial recommendations.
|
The Board shall determine the amount of State contributions |
required for
each fiscal year on the basis of the actuarial |
tables and other assumptions
adopted by the Board and the |
recommendations of the actuary, using the formula
in subsection |
(b-3).
|
(a-1) Annually, on or before November 15 until November 15, |
2011, the Board shall certify to the
Governor the amount of the |
required State contribution for the coming fiscal
year. The |
certification under this subsection (a-1) shall include a copy |
of the actuarial recommendations
upon which it is based and |
shall specifically identify the System's projected State |
normal cost for that fiscal year.
|
On or before May 1, 2004, the Board shall recalculate and |
recertify to
the Governor the amount of the required State |
contribution to the System for
State fiscal year 2005, taking |
|
into account the amounts appropriated to and
received by the |
System under subsection (d) of Section 7.2 of the General
|
Obligation Bond Act.
|
On or before July 1, 2005, the Board shall recalculate and |
recertify
to the Governor the amount of the required State
|
contribution to the System for State fiscal year 2006, taking |
into account the changes in required State contributions made |
by this amendatory Act of the 94th General Assembly.
|
On or before April 1, 2011, the Board shall recalculate and |
recertify to the Governor the amount of the required State |
contribution to the System for State fiscal year 2011, applying |
the changes made by Public Act 96-889 to the System's assets |
and liabilities as of June 30, 2009 as though Public Act 96-889 |
was approved on that date. |
(a-5) On or before November 1 of each year, beginning |
November 1, 2012, the Board shall submit to the State Actuary, |
the Governor, and the General Assembly a proposed certification |
of the amount of the required State contribution to the System |
for the next fiscal year, along with all of the actuarial |
assumptions, calculations, and data upon which that proposed |
certification is based. On or before January 1 of each year, |
beginning January 1, 2013, the State Actuary shall issue a |
preliminary report concerning the proposed certification and |
identifying, if necessary, recommended changes in actuarial |
assumptions that the Board must consider before finalizing its |
certification of the required State contributions. On or before |
|
January 15, 2013 and each January 15 thereafter, the Board |
shall certify to the Governor and the General Assembly the |
amount of the required State contribution for the next fiscal |
year. The Board's certification must note any deviations from |
the State Actuary's recommended changes, the reason or reasons |
for not following the State Actuary's recommended changes, and |
the fiscal impact of not following the State Actuary's |
recommended changes on the required State contribution. |
(b) Through State fiscal year 1995, the State contributions |
shall be
paid to the System in accordance with Section 18-7 of |
the School Code.
|
(b-1) Beginning in State fiscal year 1996, on the 15th day |
of each month,
or as soon thereafter as may be practicable, the |
Board shall submit vouchers
for payment of State contributions |
to the System, in a total monthly amount of
one-twelfth of the |
required annual State contribution certified under
subsection |
(a-1).
From the
effective date of this amendatory Act of the |
93rd General Assembly
through June 30, 2004, the Board shall |
not submit vouchers for the
remainder of fiscal year 2004 in |
excess of the fiscal year 2004
certified contribution amount |
determined under this Section
after taking into consideration |
the transfer to the System
under subsection (a) of Section |
6z-61 of the State Finance Act.
These vouchers shall be paid by |
the State Comptroller and
Treasurer by warrants drawn on the |
funds appropriated to the System for that
fiscal year.
|
If in any month the amount remaining unexpended from all |
|
other appropriations
to the System for the applicable fiscal |
year (including the appropriations to
the System under Section |
8.12 of the State Finance Act and Section 1 of the
State |
Pension Funds Continuing Appropriation Act) is less than the |
amount
lawfully vouchered under this subsection, the |
difference shall be paid from the
Common School Fund under the |
continuing appropriation authority provided in
Section 1.1 of |
the State Pension Funds Continuing Appropriation Act.
|
(b-2) Allocations from the Common School Fund apportioned |
to school
districts not coming under this System shall not be |
diminished or affected by
the provisions of this Article.
|
(b-3) For State fiscal years 2012 through 2045, the minimum |
contribution
to the System to be made by the State for each |
fiscal year shall be an amount
determined by the System to be |
sufficient to bring the total assets of the
System up to 90% of |
the total actuarial liabilities of the System by the end of
|
State fiscal year 2045. In making these determinations, the |
required State
contribution shall be calculated each year as a |
level percentage of payroll
over the years remaining to and |
including fiscal year 2045 and shall be
determined under the |
projected unit credit actuarial cost method.
|
For State fiscal years 1996 through 2005, the State |
contribution to the
System, as a percentage of the applicable |
employee payroll, shall be increased
in equal annual increments |
so that by State fiscal year 2011, the State is
contributing at |
the rate required under this Section; except that in the
|
|
following specified State fiscal years, the State contribution |
to the System
shall not be less than the following indicated |
percentages of the applicable
employee payroll, even if the |
indicated percentage will produce a State
contribution in |
excess of the amount otherwise required under this subsection
|
and subsection (a), and notwithstanding any contrary |
certification made under
subsection (a-1) before the effective |
date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% |
in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY |
2003; and
13.56% in FY 2004.
|
Notwithstanding any other provision of this Article, the |
total required State
contribution for State fiscal year 2006 is |
$534,627,700.
|
Notwithstanding any other provision of this Article, the |
total required State
contribution for State fiscal year 2007 is |
$738,014,500.
|
For each of State fiscal years 2008 through 2009, the State |
contribution to
the System, as a percentage of the applicable |
employee payroll, shall be
increased in equal annual increments |
from the required State contribution for State fiscal year |
2007, so that by State fiscal year 2011, the
State is |
contributing at the rate otherwise required under this Section.
|
Notwithstanding any other provision of this Article, the |
total required State contribution for State fiscal year 2010 is |
$2,089,268,000 and shall be made from the proceeds of bonds |
sold in fiscal year 2010 pursuant to Section 7.2 of the General |
|
Obligation Bond Act, less (i) the pro rata share of bond sale |
expenses determined by the System's share of total bond |
proceeds, (ii) any amounts received from the Common School Fund |
in fiscal year 2010, and (iii) any reduction in bond proceeds |
due to the issuance of discounted bonds, if applicable. |
Notwithstanding any other provision of this Article, the
|
total required State contribution for State fiscal year 2011 is
|
the amount recertified by the System on or before April 1, 2011 |
pursuant to subsection (a-1) of this Section and shall be made |
from the proceeds of bonds
sold in fiscal year 2011 pursuant to |
Section 7.2 of the General
Obligation Bond Act, less (i) the |
pro rata share of bond sale
expenses determined by the System's |
share of total bond
proceeds, (ii) any amounts received from |
the Common School Fund
in fiscal year 2011, and (iii) any |
reduction in bond proceeds
due to the issuance of discounted |
bonds, if applicable. This amount shall include, in addition to |
the amount certified by the System, an amount necessary to meet |
employer contributions required by the State as an employer |
under paragraph (e) of this Section, which may also be used by |
the System for contributions required by paragraph (a) of |
Section 16-127. |
Beginning in State fiscal year 2046, the minimum State |
contribution for
each fiscal year shall be the amount needed to |
maintain the total assets of
the System at 90% of the total |
actuarial liabilities of the System.
|
Amounts received by the System pursuant to Section 25 of |
|
the Budget Stabilization Act or Section 8.12 of the State |
Finance Act in any fiscal year do not reduce and do not |
constitute payment of any portion of the minimum State |
contribution required under this Article in that fiscal year. |
Such amounts shall not reduce, and shall not be included in the |
calculation of, the required State contributions under this |
Article in any future year until the System has reached a |
funding ratio of at least 90%. A reference in this Article to |
the "required State contribution" or any substantially similar |
term does not include or apply to any amounts payable to the |
System under Section 25 of the Budget Stabilization Act. |
Notwithstanding any other provision of this Section, the |
required State
contribution for State fiscal year 2005 and for |
fiscal year 2008 and each fiscal year thereafter, as
calculated |
under this Section and
certified under subsection (a-1), shall |
not exceed an amount equal to (i) the
amount of the required |
State contribution that would have been calculated under
this |
Section for that fiscal year if the System had not received any |
payments
under subsection (d) of Section 7.2 of the General |
Obligation Bond Act, minus
(ii) the portion of the State's |
total debt service payments for that fiscal
year on the bonds |
issued in fiscal year 2003 for the purposes of that Section |
7.2, as determined
and certified by the Comptroller, that is |
the same as the System's portion of
the total moneys |
distributed under subsection (d) of Section 7.2 of the General
|
Obligation Bond Act. In determining this maximum for State |
|
fiscal years 2008 through 2010, however, the amount referred to |
in item (i) shall be increased, as a percentage of the |
applicable employee payroll, in equal increments calculated |
from the sum of the required State contribution for State |
fiscal year 2007 plus the applicable portion of the State's |
total debt service payments for fiscal year 2007 on the bonds |
issued in fiscal year 2003 for the purposes of Section 7.2 of |
the General
Obligation Bond Act, so that, by State fiscal year |
2011, the
State is contributing at the rate otherwise required |
under this Section.
|
(c) Payment of the required State contributions and of all |
pensions,
retirement annuities, death benefits, refunds, and |
other benefits granted
under or assumed by this System, and all |
expenses in connection with the
administration and operation |
thereof, are obligations of the State.
|
If members are paid from special trust or federal funds |
which are
administered by the employing unit, whether school |
district or other
unit, the employing unit shall pay to the |
System from such
funds the full accruing retirement costs based |
upon that
service, which, beginning July 1, 2014, shall be at a |
rate, expressed as a percentage of salary, equal to the total |
minimum contribution
to the System to be made by the State for |
that fiscal year, including both normal cost and unfunded |
liability components, expressed as a percentage of payroll, as |
determined by the System under subsection (b-3) of this |
Section . Employer contributions, based on
salary paid to |
|
members from federal funds, may be forwarded by the |
distributing
agency of the State of Illinois to the System |
prior to allocation, in an
amount determined in accordance with |
guidelines established by such
agency and the System. Any |
contribution for fiscal year 2015 collected as a result of the |
change made by this amendatory Act of the 98th General Assembly |
shall be considered a State contribution under subsection (b-3) |
of this Section.
|
(d) Effective July 1, 1986, any employer of a teacher as |
defined in
paragraph (8) of Section 16-106 shall pay the |
employer's normal cost
of benefits based upon the teacher's |
service, in addition to
employee contributions, as determined |
by the System. Such employer
contributions shall be forwarded |
monthly in accordance with guidelines
established by the |
System.
|
However, with respect to benefits granted under Section |
16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
of Section 16-106, the
employer's contribution shall be 12% |
(rather than 20%) of the member's
highest annual salary rate |
for each year of creditable service granted, and
the employer |
shall also pay the required employee contribution on behalf of
|
the teacher. For the purposes of Sections 16-133.4 and |
16-133.5, a teacher
as defined in paragraph (8) of Section |
16-106 who is serving in that capacity
while on leave of |
absence from another employer under this Article shall not
be |
considered an employee of the employer from which the teacher |
|
is on leave.
|
(e) Beginning July 1, 1998, every employer of a teacher
|
shall pay to the System an employer contribution computed as |
follows:
|
(1) Beginning July 1, 1998 through June 30, 1999, the |
employer
contribution shall be equal to 0.3% of each |
teacher's salary.
|
(2) Beginning July 1, 1999 and thereafter, the employer
|
contribution shall be equal to 0.58% of each teacher's |
salary.
|
The school district or other employing unit may pay these |
employer
contributions out of any source of funding available |
for that purpose and
shall forward the contributions to the |
System on the schedule established
for the payment of member |
contributions.
|
These employer contributions are intended to offset a |
portion of the cost
to the System of the increases in |
retirement benefits resulting from this
amendatory Act of 1998.
|
Each employer of teachers is entitled to a credit against |
the contributions
required under this subsection (e) with |
respect to salaries paid to teachers
for the period January 1, |
2002 through June 30, 2003, equal to the amount paid
by that |
employer under subsection (a-5) of Section 6.6 of the State |
Employees
Group Insurance Act of 1971 with respect to salaries |
paid to teachers for that
period.
|
The additional 1% employee contribution required under |
|
Section 16-152 by
this amendatory Act of 1998 is the |
responsibility of the teacher and not the
teacher's employer, |
unless the employer agrees, through collective bargaining
or |
otherwise, to make the contribution on behalf of the teacher.
|
If an employer is required by a contract in effect on May |
1, 1998 between the
employer and an employee organization to |
pay, on behalf of all its full-time
employees
covered by this |
Article, all mandatory employee contributions required under
|
this Article, then the employer shall be excused from paying |
the employer
contribution required under this subsection (e) |
for the balance of the term
of that contract. The employer and |
the employee organization shall jointly
certify to the System |
the existence of the contractual requirement, in such
form as |
the System may prescribe. This exclusion shall cease upon the
|
termination, extension, or renewal of the contract at any time |
after May 1,
1998.
|
(f) If the amount of a teacher's salary for any school year |
used to determine final average salary exceeds the member's |
annual full-time salary rate with the same employer for the |
previous school year by more than 6%, the teacher's employer |
shall pay to the System, in addition to all other payments |
required under this Section and in accordance with guidelines |
established by the System, the present value of the increase in |
benefits resulting from the portion of the increase in salary |
that is in excess of 6%. This present value shall be computed |
by the System on the basis of the actuarial assumptions and |
|
tables used in the most recent actuarial valuation of the |
System that is available at the time of the computation. If a |
teacher's salary for the 2005-2006 school year is used to |
determine final average salary under this subsection (f), then |
the changes made to this subsection (f) by Public Act 94-1057 |
shall apply in calculating whether the increase in his or her |
salary is in excess of 6%. For the purposes of this Section, |
change in employment under Section 10-21.12 of the School Code |
on or after June 1, 2005 shall constitute a change in employer. |
The System may require the employer to provide any pertinent |
information or documentation.
The changes made to this |
subsection (f) by this amendatory Act of the 94th General |
Assembly apply without regard to whether the teacher was in |
service on or after its effective date.
|
Whenever it determines that a payment is or may be required |
under this subsection, the System shall calculate the amount of |
the payment and bill the employer for that amount. The bill |
shall specify the calculations used to determine the amount |
due. If the employer disputes the amount of the bill, it may, |
within 30 days after receipt of the bill, apply to the System |
in writing for a recalculation. The application must specify in |
detail the grounds of the dispute and, if the employer asserts |
that the calculation is subject to subsection (g) or (h) of |
this Section, must include an affidavit setting forth and |
attesting to all facts within the employer's knowledge that are |
pertinent to the applicability of that subsection. Upon |
|
receiving a timely application for recalculation, the System |
shall review the application and, if appropriate, recalculate |
the amount due.
|
The employer contributions required under this subsection |
(f) may be paid in the form of a lump sum within 90 days after |
receipt of the bill. If the employer contributions are not paid |
within 90 days after receipt of the bill, then interest will be |
charged at a rate equal to the System's annual actuarially |
assumed rate of return on investment compounded annually from |
the 91st day after receipt of the bill. Payments must be |
concluded within 3 years after the employer's receipt of the |
bill.
|
(g) This subsection (g) applies only to payments made or |
salary increases given on or after June 1, 2005 but before July |
1, 2011. The changes made by Public Act 94-1057 shall not |
require the System to refund any payments received before
July |
31, 2006 (the effective date of Public Act 94-1057). |
When assessing payment for any amount due under subsection |
(f), the System shall exclude salary increases paid to teachers |
under contracts or collective bargaining agreements entered |
into, amended, or renewed before June 1, 2005.
|
When assessing payment for any amount due under subsection |
(f), the System shall exclude salary increases paid to a |
teacher at a time when the teacher is 10 or more years from |
retirement eligibility under Section 16-132 or 16-133.2.
|
When assessing payment for any amount due under subsection |
|
(f), the System shall exclude salary increases resulting from |
overload work, including summer school, when the school |
district has certified to the System, and the System has |
approved the certification, that (i) the overload work is for |
the sole purpose of classroom instruction in excess of the |
standard number of classes for a full-time teacher in a school |
district during a school year and (ii) the salary increases are |
equal to or less than the rate of pay for classroom instruction |
computed on the teacher's current salary and work schedule.
|
When assessing payment for any amount due under subsection |
(f), the System shall exclude a salary increase resulting from |
a promotion (i) for which the employee is required to hold a |
certificate or supervisory endorsement issued by the State |
Teacher Certification Board that is a different certification |
or supervisory endorsement than is required for the teacher's |
previous position and (ii) to a position that has existed and |
been filled by a member for no less than one complete academic |
year and the salary increase from the promotion is an increase |
that results in an amount no greater than the lesser of the |
average salary paid for other similar positions in the district |
requiring the same certification or the amount stipulated in |
the collective bargaining agreement for a similar position |
requiring the same certification.
|
When assessing payment for any amount due under subsection |
(f), the System shall exclude any payment to the teacher from |
the State of Illinois or the State Board of Education over |
|
which the employer does not have discretion, notwithstanding |
that the payment is included in the computation of final |
average salary.
|
(h) When assessing payment for any amount due under |
subsection (f), the System shall exclude any salary increase |
described in subsection (g) of this Section given on or after |
July 1, 2011 but before July 1, 2014 under a contract or |
collective bargaining agreement entered into, amended, or |
renewed on or after June 1, 2005 but before July 1, 2011. |
Notwithstanding any other provision of this Section, any |
payments made or salary increases given after June 30, 2014 |
shall be used in assessing payment for any amount due under |
subsection (f) of this Section.
|
(i) The System shall prepare a report and file copies of |
the report with the Governor and the General Assembly by |
January 1, 2007 that contains all of the following information: |
(1) The number of recalculations required by the |
changes made to this Section by Public Act 94-1057 for each |
employer. |
(2) The dollar amount by which each employer's |
contribution to the System was changed due to |
recalculations required by Public Act 94-1057. |
(3) The total amount the System received from each |
employer as a result of the changes made to this Section by |
Public Act 94-4. |
(4) The increase in the required State contribution |
|
resulting from the changes made to this Section by Public |
Act 94-1057.
|
(j) For purposes of determining the required State |
contribution to the System, the value of the System's assets |
shall be equal to the actuarial value of the System's assets, |
which shall be calculated as follows: |
As of June 30, 2008, the actuarial value of the System's |
assets shall be equal to the market value of the assets as of |
that date. In determining the actuarial value of the System's |
assets for fiscal years after June 30, 2008, any actuarial |
gains or losses from investment return incurred in a fiscal |
year shall be recognized in equal annual amounts over the |
5-year period following that fiscal year. |
(k) For purposes of determining the required State |
contribution to the system for a particular year, the actuarial |
value of assets shall be assumed to earn a rate of return equal |
to the system's actuarially assumed rate of return. |
(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; |
96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff. |
6-18-12; 97-813, eff. 7-13-12.)
|
(Text of Section after amendment by P.A. 98-599 )
|
Sec. 16-158. Contributions by State and other employing |
units.
|
(a) The State shall make contributions to the System by |
means of
appropriations from the Common School Fund and other |
|
State funds of amounts
which, together with other employer |
contributions, employee contributions,
investment income, and |
other income, will be sufficient to meet the cost of
|
maintaining and administering the System on a 100% funded basis |
in accordance
with actuarial recommendations by the end of |
State fiscal year 2044.
|
The Board shall determine the amount of State contributions |
required for
each fiscal year on the basis of the actuarial |
tables and other assumptions
adopted by the Board and the |
recommendations of the actuary, using the formula
in subsection |
(b-3).
|
(a-1) Annually, on or before November 15 through November |
15, 2011, the Board shall certify to the
Governor the amount of |
the required State contribution for the coming fiscal
year. The |
certification under this subsection (a-1) shall include a copy |
of the actuarial recommendations
upon which it is based.
|
On or before May 1, 2004, the Board shall recalculate and |
recertify to
the Governor the amount of the required State |
contribution to the System for
State fiscal year 2005, taking |
into account the amounts appropriated to and
received by the |
System under subsection (d) of Section 7.2 of the General
|
Obligation Bond Act.
|
On or before July 1, 2005, the Board shall recalculate and |
recertify
to the Governor the amount of the required State
|
contribution to the System for State fiscal year 2006, taking |
into account the changes in required State contributions made |
|
by this amendatory Act of the 94th General Assembly.
|
On or before April 1, 2011, the Board shall recalculate and |
recertify to the Governor the amount of the required State |
contribution to the System for State fiscal year 2011, applying |
the changes made by Public Act 96-889 to the System's assets |
and liabilities as of June 30, 2009 as though Public Act 96-889 |
was approved on that date. |
(a-5) On or before November 1 of each year, beginning |
November 1, 2012, the Board shall submit to the State Actuary, |
the Governor, and the General Assembly a proposed certification |
of the amount of the required State contribution to the System |
for the next fiscal year, along with all of the actuarial |
assumptions, calculations, and data upon which that proposed |
certification is based. On or before January 1 of each year, |
beginning January 1, 2013, the State Actuary shall issue a |
preliminary report concerning the proposed certification and |
identifying, if necessary, recommended changes in actuarial |
assumptions that the Board must consider before finalizing its |
certification of the required State contributions. |
On or before January 15, 2013 and each January 15 |
thereafter, the Board shall certify to the Governor and the |
General Assembly the amount of the required State contribution |
for the next fiscal year. The certification shall include a |
copy of the actuarial
recommendations upon which it is based |
and shall specifically identify the System's projected State |
normal cost for that fiscal year. The Board's certification |
|
must note any deviations from the State Actuary's recommended |
changes, the reason or reasons for not following the State |
Actuary's recommended changes, and the fiscal impact of not |
following the State Actuary's recommended changes on the |
required State contribution. |
(a-10) For purposes of Section (c-5) of Section 20 of the |
Budget Stabilization Act, on or before November 1 of each year |
beginning November 1, 2014, the Board shall determine the |
amount of the State contribution to the System that would have |
been required for the next fiscal year if this amendatory Act |
of the 98th General Assembly had not taken effect, using the |
best and most recent available data but based on the law in |
effect on May 31, 2014. The Board shall submit to the State |
Actuary, the Governor, and the General Assembly a proposed |
certification, along with the relevant law, actuarial |
assumptions, calculations, and data upon which that |
certification is based. On or before January 1, 2015 and every |
January 1 thereafter, the State Actuary shall issue a |
preliminary report concerning the proposed certification and |
identifying, if necessary, recommended changes in actuarial |
assumptions that the Board must consider before finalizing its |
certification. On or before January 15, 2015 and every January |
1 thereafter, the Board shall certify to the Governor and the |
General Assembly the amount of the State contribution to the |
System that would have been required for the next fiscal year |
if this amendatory Act of the 98th General Assembly had not |
|
taken effect, using the best and most recent available data but |
based on the law in effect on May 31, 2014. The Board's |
certification must note any deviations from the State Actuary's |
recommended changes, the reason or reasons for not following |
the State Actuary's recommended changes, and the impact of not |
following the State Actuary's recommended changes. |
(b) Through State fiscal year 1995, the State contributions |
shall be
paid to the System in accordance with Section 18-7 of |
the School Code.
|
(b-1) Beginning in State fiscal year 1996, on the 15th day |
of each month,
or as soon thereafter as may be practicable, the |
Board shall submit vouchers
for payment of State contributions |
to the System, in a total monthly amount of
one-twelfth of the |
required annual State contribution certified under
subsection |
(a-1).
From the
effective date of this amendatory Act of the |
93rd General Assembly
through June 30, 2004, the Board shall |
not submit vouchers for the
remainder of fiscal year 2004 in |
excess of the fiscal year 2004
certified contribution amount |
determined under this Section
after taking into consideration |
the transfer to the System
under subsection (a) of Section |
6z-61 of the State Finance Act.
These vouchers shall be paid by |
the State Comptroller and
Treasurer by warrants drawn on the |
funds appropriated to the System for that
fiscal year.
|
If in any month the amount remaining unexpended from all |
other appropriations
to the System for the applicable fiscal |
year (including the appropriations to
the System under Section |
|
8.12 of the State Finance Act and Section 1 of the
State |
Pension Funds Continuing Appropriation Act) is less than the |
amount
lawfully vouchered under this subsection, the |
difference shall be paid from the
Common School Fund under the |
continuing appropriation authority provided in
Section 1.1 of |
the State Pension Funds Continuing Appropriation Act.
|
(b-2) Allocations from the Common School Fund apportioned |
to school
districts not coming under this System shall not be |
diminished or affected by
the provisions of this Article.
|
(b-3) For State fiscal years 2015 through 2044, the minimum |
contribution
to the System to be made by the State for each |
fiscal year shall be an amount
determined by the System to be |
equal to the sum of (1) the State's portion of the projected |
normal cost for that fiscal year, plus (2) an amount sufficient |
to bring the total assets of the
System up to 100% of the total |
actuarial liabilities of the System by the end of
State fiscal |
year 2044. In making these determinations, the required State
|
contribution shall be calculated each year as a level |
percentage of payroll
over the years remaining to and including |
fiscal year 2044 and shall be
determined under the projected |
unit cost method for fiscal year 2015 and under the entry age |
normal actuarial cost method for fiscal years 2016 through |
2044. |
For State fiscal years 2012 through 2014, the minimum |
contribution
to the System to be made by the State for each |
fiscal year shall be an amount
determined by the System to be |
|
sufficient to bring the total assets of the
System up to 90% of |
the total actuarial liabilities of the System by the end of
|
State fiscal year 2045. In making these determinations, the |
required State
contribution shall be calculated each year as a |
level percentage of payroll
over the years remaining to and |
including fiscal year 2045 and shall be
determined under the |
projected unit credit actuarial cost method.
|
For State fiscal years 1996 through 2005, the State |
contribution to the
System, as a percentage of the applicable |
employee payroll, shall be increased
in equal annual increments |
so that by State fiscal year 2011, the State is
contributing at |
the rate required under this Section; except that in the
|
following specified State fiscal years, the State contribution |
to the System
shall not be less than the following indicated |
percentages of the applicable
employee payroll, even if the |
indicated percentage will produce a State
contribution in |
excess of the amount otherwise required under this subsection
|
and subsection (a), and notwithstanding any contrary |
certification made under
subsection (a-1) before the effective |
date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% |
in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY |
2003; and
13.56% in FY 2004.
|
Notwithstanding any other provision of this Article, the |
total required State
contribution for State fiscal year 2006 is |
$534,627,700.
|
Notwithstanding any other provision of this Article, the |
|
total required State
contribution for State fiscal year 2007 is |
$738,014,500.
|
For each of State fiscal years 2008 through 2009, the State |
contribution to
the System, as a percentage of the applicable |
employee payroll, shall be
increased in equal annual increments |
from the required State contribution for State fiscal year |
2007, so that by State fiscal year 2011, the
State is |
contributing at the rate otherwise required under this Section.
|
Notwithstanding any other provision of this Article, the |
total required State contribution for State fiscal year 2010 is |
$2,089,268,000 and shall be made from the proceeds of bonds |
sold in fiscal year 2010 pursuant to Section 7.2 of the General |
Obligation Bond Act, less (i) the pro rata share of bond sale |
expenses determined by the System's share of total bond |
proceeds, (ii) any amounts received from the Common School Fund |
in fiscal year 2010, and (iii) any reduction in bond proceeds |
due to the issuance of discounted bonds, if applicable. |
Notwithstanding any other provision of this Article, the
|
total required State contribution for State fiscal year 2011 is
|
the amount recertified by the System on or before April 1, 2011 |
pursuant to subsection (a-1) of this Section and shall be made |
from the proceeds of bonds
sold in fiscal year 2011 pursuant to |
Section 7.2 of the General
Obligation Bond Act, less (i) the |
pro rata share of bond sale
expenses determined by the System's |
share of total bond
proceeds, (ii) any amounts received from |
the Common School Fund
in fiscal year 2011, and (iii) any |
|
reduction in bond proceeds
due to the issuance of discounted |
bonds, if applicable. This amount shall include, in addition to |
the amount certified by the System, an amount necessary to meet |
employer contributions required by the State as an employer |
under paragraph (e) of this Section, which may also be used by |
the System for contributions required by paragraph (a) of |
Section 16-127. |
Beginning in State fiscal year 2045, the minimum State |
contribution for each fiscal year shall be the amount needed to |
maintain the total assets of the System at 100% of the total |
actuarial liabilities of the System.
|
Amounts received by the System pursuant to Section 25 of |
the Budget Stabilization Act or Section 8.12 of the State |
Finance Act in any fiscal year do not reduce and do not |
constitute payment of any portion of the minimum State |
contribution required under this Article in that fiscal year. |
Such amounts shall not reduce, and shall not be included in the |
calculation of, the required State contributions under this |
Article in any future year until the System has reached a |
funding ratio of at least 100%. A reference in this Article to |
the "required State contribution" or any substantially similar |
term does not include or apply to any amounts payable to the |
System under Section 25 of the Budget Stabilization Act. |
Notwithstanding any other provision of this Section, the |
required State
contribution for State fiscal year 2005 and for |
fiscal year 2008 and each fiscal year thereafter through State |
|
fiscal year 2014, as
calculated under this Section and
|
certified under subsection (a-1), shall not exceed an amount |
equal to (i) the
amount of the required State contribution that |
would have been calculated under
this Section for that fiscal |
year if the System had not received any payments
under |
subsection (d) of Section 7.2 of the General Obligation Bond |
Act, minus
(ii) the portion of the State's total debt service |
payments for that fiscal
year on the bonds issued in fiscal |
year 2003 for the purposes of that Section 7.2, as determined
|
and certified by the Comptroller, that is the same as the |
System's portion of
the total moneys distributed under |
subsection (d) of Section 7.2 of the General
Obligation Bond |
Act. In determining this maximum for State fiscal years 2008 |
through 2010, however, the amount referred to in item (i) shall |
be increased, as a percentage of the applicable employee |
payroll, in equal increments calculated from the sum of the |
required State contribution for State fiscal year 2007 plus the |
applicable portion of the State's total debt service payments |
for fiscal year 2007 on the bonds issued in fiscal year 2003 |
for the purposes of Section 7.2 of the General
Obligation Bond |
Act, so that, by State fiscal year 2011, the
State is |
contributing at the rate otherwise required under this Section.
|
(c) Payment of the required State contributions and of all |
pensions,
retirement annuities, death benefits, refunds, and |
other benefits granted
under or assumed by this System, and all |
expenses in connection with the
administration and operation |
|
thereof, are obligations of the State.
|
If members are paid from special trust or federal funds |
which are
administered by the employing unit, whether school |
district or other
unit, the employing unit shall pay to the |
System from such
funds the full accruing retirement costs based |
upon that
service, which, beginning July 1, 2014, shall be at a |
rate, expressed as a percentage of salary, equal to the total |
minimum contribution
to the System to be made by the State for |
that fiscal year, including both normal cost and unfunded |
liability components, expressed as a percentage of payroll, as |
determined by the System under subsection (b-3) of this |
Section . Employer contributions, based on
salary paid to |
members from federal funds, may be forwarded by the |
distributing
agency of the State of Illinois to the System |
prior to allocation, in an
amount determined in accordance with |
guidelines established by such
agency and the System. Any |
contribution for fiscal year 2015 collected as a result of the |
change made by this amendatory Act of the 98th General Assembly |
shall be considered a State contribution under subsection (b-3) |
of this Section.
|
(d) Effective July 1, 1986, any employer of a teacher as |
defined in
paragraph (8) of Section 16-106 shall pay the |
employer's normal cost
of benefits based upon the teacher's |
service, in addition to
employee contributions, as determined |
by the System. Such employer
contributions shall be forwarded |
monthly in accordance with guidelines
established by the |
|
System.
|
However, with respect to benefits granted under Section |
16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
of Section 16-106, the
employer's contribution shall be 12% |
(rather than 20%) of the member's
highest annual salary rate |
for each year of creditable service granted, and
the employer |
shall also pay the required employee contribution on behalf of
|
the teacher. For the purposes of Sections 16-133.4 and |
16-133.5, a teacher
as defined in paragraph (8) of Section |
16-106 who is serving in that capacity
while on leave of |
absence from another employer under this Article shall not
be |
considered an employee of the employer from which the teacher |
is on leave.
|
(e) Beginning July 1, 1998, every employer of a teacher
|
shall pay to the System an employer contribution computed as |
follows:
|
(1) Beginning July 1, 1998 through June 30, 1999, the |
employer
contribution shall be equal to 0.3% of each |
teacher's salary.
|
(2) Beginning July 1, 1999 and thereafter, the employer
|
contribution shall be equal to 0.58% of each teacher's |
salary.
|
The school district or other employing unit may pay these |
employer
contributions out of any source of funding available |
for that purpose and
shall forward the contributions to the |
System on the schedule established
for the payment of member |
|
contributions.
|
These employer contributions are intended to offset a |
portion of the cost
to the System of the increases in |
retirement benefits resulting from this
amendatory Act of 1998.
|
Each employer of teachers is entitled to a credit against |
the contributions
required under this subsection (e) with |
respect to salaries paid to teachers
for the period January 1, |
2002 through June 30, 2003, equal to the amount paid
by that |
employer under subsection (a-5) of Section 6.6 of the State |
Employees
Group Insurance Act of 1971 with respect to salaries |
paid to teachers for that
period.
|
The additional 1% employee contribution required under |
Section 16-152 by
this amendatory Act of 1998 is the |
responsibility of the teacher and not the
teacher's employer, |
unless the employer agrees, through collective bargaining
or |
otherwise, to make the contribution on behalf of the teacher.
|
If an employer is required by a contract in effect on May |
1, 1998 between the
employer and an employee organization to |
pay, on behalf of all its full-time
employees
covered by this |
Article, all mandatory employee contributions required under
|
this Article, then the employer shall be excused from paying |
the employer
contribution required under this subsection (e) |
for the balance of the term
of that contract. The employer and |
the employee organization shall jointly
certify to the System |
the existence of the contractual requirement, in such
form as |
the System may prescribe. This exclusion shall cease upon the
|
|
termination, extension, or renewal of the contract at any time |
after May 1,
1998.
|
(f) If the amount of a teacher's salary for any school year |
used to determine final average salary exceeds the member's |
annual full-time salary rate with the same employer for the |
previous school year by more than 6%, the teacher's employer |
shall pay to the System, in addition to all other payments |
required under this Section and in accordance with guidelines |
established by the System, the present value of the increase in |
benefits resulting from the portion of the increase in salary |
that is in excess of 6%. This present value shall be computed |
by the System on the basis of the actuarial assumptions and |
tables used in the most recent actuarial valuation of the |
System that is available at the time of the computation. If a |
teacher's salary for the 2005-2006 school year is used to |
determine final average salary under this subsection (f), then |
the changes made to this subsection (f) by Public Act 94-1057 |
shall apply in calculating whether the increase in his or her |
salary is in excess of 6%. For the purposes of this Section, |
change in employment under Section 10-21.12 of the School Code |
on or after June 1, 2005 shall constitute a change in employer. |
The System may require the employer to provide any pertinent |
information or documentation.
The changes made to this |
subsection (f) by this amendatory Act of the 94th General |
Assembly apply without regard to whether the teacher was in |
service on or after its effective date.
|
|
Whenever it determines that a payment is or may be required |
under this subsection, the System shall calculate the amount of |
the payment and bill the employer for that amount. The bill |
shall specify the calculations used to determine the amount |
due. If the employer disputes the amount of the bill, it may, |
within 30 days after receipt of the bill, apply to the System |
in writing for a recalculation. The application must specify in |
detail the grounds of the dispute and, if the employer asserts |
that the calculation is subject to subsection (g) or (h) of |
this Section, must include an affidavit setting forth and |
attesting to all facts within the employer's knowledge that are |
pertinent to the applicability of that subsection. Upon |
receiving a timely application for recalculation, the System |
shall review the application and, if appropriate, recalculate |
the amount due.
|
The employer contributions required under this subsection |
(f) may be paid in the form of a lump sum within 90 days after |
receipt of the bill. If the employer contributions are not paid |
within 90 days after receipt of the bill, then interest will be |
charged at a rate equal to the System's annual actuarially |
assumed rate of return on investment compounded annually from |
the 91st day after receipt of the bill. Payments must be |
concluded within 3 years after the employer's receipt of the |
bill.
|
(g) This subsection (g) applies only to payments made or |
salary increases given on or after June 1, 2005 but before July |
|
1, 2011. The changes made by Public Act 94-1057 shall not |
require the System to refund any payments received before
July |
31, 2006 (the effective date of Public Act 94-1057). |
When assessing payment for any amount due under subsection |
(f), the System shall exclude salary increases paid to teachers |
under contracts or collective bargaining agreements entered |
into, amended, or renewed before June 1, 2005.
|
When assessing payment for any amount due under subsection |
(f), the System shall exclude salary increases paid to a |
teacher at a time when the teacher is 10 or more years from |
retirement eligibility under Section 16-132 or 16-133.2.
|
When assessing payment for any amount due under subsection |
(f), the System shall exclude salary increases resulting from |
overload work, including summer school, when the school |
district has certified to the System, and the System has |
approved the certification, that (i) the overload work is for |
the sole purpose of classroom instruction in excess of the |
standard number of classes for a full-time teacher in a school |
district during a school year and (ii) the salary increases are |
equal to or less than the rate of pay for classroom instruction |
computed on the teacher's current salary and work schedule.
|
When assessing payment for any amount due under subsection |
(f), the System shall exclude a salary increase resulting from |
a promotion (i) for which the employee is required to hold a |
certificate or supervisory endorsement issued by the State |
Teacher Certification Board that is a different certification |
|
or supervisory endorsement than is required for the teacher's |
previous position and (ii) to a position that has existed and |
been filled by a member for no less than one complete academic |
year and the salary increase from the promotion is an increase |
that results in an amount no greater than the lesser of the |
average salary paid for other similar positions in the district |
requiring the same certification or the amount stipulated in |
the collective bargaining agreement for a similar position |
requiring the same certification.
|
When assessing payment for any amount due under subsection |
(f), the System shall exclude any payment to the teacher from |
the State of Illinois or the State Board of Education over |
which the employer does not have discretion, notwithstanding |
that the payment is included in the computation of final |
average salary.
|
(h) When assessing payment for any amount due under |
subsection (f), the System shall exclude any salary increase |
described in subsection (g) of this Section given on or after |
July 1, 2011 but before July 1, 2014 under a contract or |
collective bargaining agreement entered into, amended, or |
renewed on or after June 1, 2005 but before July 1, 2011. |
Notwithstanding any other provision of this Section, any |
payments made or salary increases given after June 30, 2014 |
shall be used in assessing payment for any amount due under |
subsection (f) of this Section.
|
(i) The System shall prepare a report and file copies of |
|
the report with the Governor and the General Assembly by |
January 1, 2007 that contains all of the following information: |
(1) The number of recalculations required by the |
changes made to this Section by Public Act 94-1057 for each |
employer. |
(2) The dollar amount by which each employer's |
contribution to the System was changed due to |
recalculations required by Public Act 94-1057. |
(3) The total amount the System received from each |
employer as a result of the changes made to this Section by |
Public Act 94-4. |
(4) The increase in the required State contribution |
resulting from the changes made to this Section by Public |
Act 94-1057.
|
(j) For purposes of determining the required State |
contribution to the System, the value of the System's assets |
shall be equal to the actuarial value of the System's assets, |
which shall be calculated as follows: |
As of June 30, 2008, the actuarial value of the System's |
assets shall be equal to the market value of the assets as of |
that date. In determining the actuarial value of the System's |
assets for fiscal years after June 30, 2008, any actuarial |
gains or losses from investment return incurred in a fiscal |
year shall be recognized in equal annual amounts over the |
5-year period following that fiscal year. |
(k) For purposes of determining the required State |
|
contribution to the system for a particular year, the actuarial |
value of assets shall be assumed to earn a rate of return equal |
to the system's actuarially assumed rate of return. |
(Source: P.A. 97-694, eff. 6-18-12; 97-813, eff. 7-13-12; |
98-599, eff. 6-1-14.)
|
Section 20-55. The Illinois Police Training Act is amended |
by changing Section 9 as follows:
|
(50 ILCS 705/9) (from Ch. 85, par. 509)
|
Sec. 9.
A special fund is hereby established in the State |
Treasury to
be known as "The Traffic and Criminal Conviction |
Surcharge Fund" and shall
be financed as provided in Section |
9.1 of this Act and Section 5-9-1 of the
"Unified Code of |
Corrections", unless the fines, costs or additional
amounts |
imposed are subject to disbursement by the circuit clerk under
|
Section 27.5 of the Clerks of Courts Act. Moneys in this Fund |
shall be
expended as follows:
|
(1) A portion of the total amount deposited in the Fund |
may be used, as
appropriated by the General Assembly, for |
the ordinary and contingent expenses
of the Illinois Law |
Enforcement Training Standards Board;
|
(2) A portion of the total amount deposited in the Fund
|
shall be appropriated for the reimbursement of local |
governmental agencies
participating in training programs |
certified by the Board, in an amount
equaling 1/2 of the |
|
total sum paid by such agencies during the State's previous
|
fiscal year for mandated training for probationary police |
officers or
probationary county corrections officers and |
for optional advanced and
specialized law enforcement or |
county corrections training. These
reimbursements may |
include the costs for tuition at training schools, the
|
salaries of trainees while in schools, and the necessary |
travel and room
and board expenses for each trainee. If the |
appropriations under this
paragraph (2) are not sufficient |
to fully reimburse the participating local
governmental |
agencies, the available funds shall be apportioned among |
such
agencies, with priority first given to repayment of |
the costs of mandatory
training given to law enforcement |
officer or county corrections officer
recruits, then to |
repayment of costs of advanced or specialized training
for |
permanent police officers or permanent county corrections |
officers;
|
(3) A portion of the total amount deposited in the Fund |
may be used to
fund the "Intergovernmental Law Enforcement |
Officer's In-Service Training
Act", veto overridden |
October 29, 1981, as now or hereafter amended, at
a rate |
and method to be determined by the board;
|
(4) A portion of the Fund also may be used by the |
Illinois Department
of State Police for expenses incurred |
in the training of employees from
any State, county or |
municipal agency whose function includes enforcement
of |
|
criminal or traffic law;
|
(5) A portion of the Fund may be used by the Board to |
fund grant-in-aid
programs and services for the training of |
employees from any county or
municipal agency whose |
functions include corrections or the enforcement of
|
criminal or traffic
law; and
|
(6) For fiscal years 2013 , 2014, and 2015 2014 only, a |
portion of the Fund also may be used by the
Department of |
State Police to finance any of its lawful purposes or |
functions. |
All payments from the Traffic and Criminal Conviction |
Surcharge Fund shall
be made each year from moneys appropriated |
for the purposes specified in
this Section. No more than 50% of |
any appropriation under this Act shall be
spent in any city |
having a population of more than 500,000. The State
Comptroller |
and the State Treasurer shall from time to time, at the
|
direction of the Governor, transfer from the Traffic and |
Criminal
Conviction Surcharge Fund to the General Revenue Fund |
in the State Treasury
such amounts as the Governor determines |
are in excess of the amounts
required to meet the obligations |
of the Traffic and Criminal Conviction
Surcharge Fund.
|
(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
|
Section 20-60. The Law Enforcement Camera Grant Act is |
amended by changing Section 10 as follows: |
|
(50 ILCS 707/10)
|
Sec. 10. Law Enforcement Camera Grant Fund; creation, |
rules. |
(a) The Law Enforcement Camera Grant Fund is created as a |
special fund in the State treasury. From appropriations to the |
Board from the Fund, the Board must make grants to units of |
local government in Illinois for the purpose of installing |
video cameras in law enforcement vehicles and training law |
enforcement officers in the operation of the cameras. |
Moneys received for the purposes of this Section, |
including, without limitation, fee receipts and gifts, grants, |
and awards from any public or private entity, must be deposited |
into the Fund. Any interest earned on moneys in the Fund must |
be deposited into the Fund. |
(b) The Board may set requirements for the distribution of |
grant moneys and determine which law enforcement agencies are |
eligible. |
(c) The Board shall develop model rules to be adopted by |
law enforcement agencies that receive grants under this |
Section. The rules shall include the following requirements: |
(1) Cameras must be installed in the law enforcement |
vehicles. |
(2) Videotaping must provide audio of the officer when |
the officer is outside of the vehicle. |
(3) Camera access must be restricted to the supervisors |
of the officer in the vehicle. |
|
(4) Cameras must be turned on continuously throughout |
the officer's shift. |
(5) A copy of the videotape must be made available upon |
request to personnel of the law enforcement agency, the |
local State's Attorney, and any persons depicted in the |
video. Procedures for distribution of the videotape must |
include safeguards to protect the identities of |
individuals who are not a party to the requested stop. |
(6) Law enforcement agencies that receive moneys under |
this grant shall provide for storage of the tapes for a |
period of not less than 2 years. |
(d) Any law enforcement agency receiving moneys under this |
Section must provide an annual report to the Board, the |
Governor, and the General Assembly, which will be due on May 1 |
of the year following the receipt of the grant and each May 1 |
thereafter during the period of the grant. The report shall |
include (i) the number of cameras received by the law |
enforcement agency, (ii) the number of cameras actually |
installed in law enforcement vehicles, (iii) a brief |
description of the review process used by supervisors within |
the law enforcement agency, (iv) a list of any criminal, |
traffic, ordinance, and civil cases where video recordings were |
used, including party names, case numbers, offenses charged, |
and disposition of the matter, (this item applies, but is not |
limited to, court proceedings, coroner's inquests, grand jury |
proceedings, and plea bargains), and (v) any other information |
|
relevant to the administration of the program. |
(e) No applications for grant money under this Section |
shall be accepted before January 1, 2007 or after January 1, |
2011.
|
(f) Notwithstanding any other provision of law, in addition |
to any other transfers that may be provided by law, on July 1, |
2012 only, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall transfer |
any funds in excess of $1,000,000 held in the Law Enforcement |
Camera Grant Fund to the State Police Operations Assistance |
Fund. |
(g) Notwithstanding any other provision of law, in addition |
to any other transfers that may be provided by law, on July 1, |
2013 only, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall transfer |
the sum of $2,000,000 from the Law Enforcement Camera Grant |
Fund to the Traffic and Criminal Conviction Surcharge Fund. |
(h) Notwithstanding any other provision of law, in addition |
to any other transfers that may be provided by law, the State |
Comptroller shall direct and the State Treasurer shall transfer |
the sum of $2,000,000 from the Law Enforcement Camera Grant |
Fund to the Traffic and Criminal Conviction Surcharge Fund |
according to the schedule specified as follows: one-half of the |
specified amount shall be transferred on July 1, 2014, or as |
soon thereafter as practical, and one-half of the specified |
amount shall be transferred on June 1, 2015, or as soon |
|
thereafter as practical. |
(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.) |
Section 20-65. The Family Practice Residency Act is amended |
by changing Sections 2, 3, and 4.10 and by adding Section 3.09 |
as follows:
|
(110 ILCS 935/2) (from Ch. 144, par. 1452)
|
Sec. 2.
The purpose of this Act is to establish programs a |
program in the
Illinois Department of Public Health to upgrade |
primary health care
services for all citizens of the State, to |
increase access, and to reduce health care disparities by |
providing grants to family
practice and preventive medicine |
residency programs, scholarships to
medical students , and a |
loan repayment program for physicians and other eligible |
primary care providers who
will agree to practice in areas of |
the State demonstrating the greatest
need for more professional |
medical care. The programs program shall encourage
family |
practice physicians and other eligible primary care providers |
to locate in areas where health manpower
shortages exist and to |
increase the total number of family practice
physicians and |
other eligible primary care providers in the State.
|
(Source: P.A. 86-926.)
|
(110 ILCS 935/3) (from Ch. 144, par. 1453)
|
Sec. 3.
The terms specified in the following Sections 3.01 |
|
through 3.08 have the meanings
ascribed to them in those |
Sections unless the context of this Act otherwise requires.
|
(Source: P.A. 80-478.)
|
(110 ILCS 935/3.09 new) |
Sec. 3.09. Eligible primary care providers. "Eligible |
primary care providers" means health care providers within |
specialties determined to be eligible by the U.S. Health |
Resources and Services Administration for the National Health |
Service Corps Loan Repayment Program.
|
(110 ILCS 935/4.10) (from Ch. 144, par. 1454.10)
|
Sec. 4.10.
To establish programs a program , and the |
criteria for such programs program ,
for the repayment of the |
educational loans of primary care physicians and other eligible |
primary care providers who
agree to serve in Designated |
Shortage Areas for a specified period of time,
no less than 2 |
years. Payments under this program may be made for the
|
principal, interest and related expenses of government and
|
commercial loans received by the individual for tuition |
expenses, and all other
reasonable educational expenses |
incurred by the individual. The maximum annual
payment which |
may be made to an individual under this law is $20,000, or
25% |
of the total covered educational indebtedness as
provided in |
this Section, whichever is less. Payments made under this
|
provision shall be exempt from Illinois State Income Tax. The |
|
Department may use tobacco settlement recovery funding or other |
available funding to implement this Section.
|
(Source: P.A. 92-16, eff. 6-28-01.)
|
Section 20-70. The Illinois Public Aid Code is amended by |
changing Sections 3-5, 5-33, and 5-34 as follows:
|
(305 ILCS 5/3-5) (from Ch. 23, par. 3-5)
|
Sec. 3-5. Amount of aid. The amount and nature of financial |
aid granted
to or in behalf of aged, blind, or disabled persons |
shall be determined
in accordance with the standards, grant |
amounts, rules and regulations of
the Illinois Department. Due |
regard shall be given to the requirements
and conditions |
existing in each case, and to the amount of property
owned and |
the income, money contributions, and other support, and
|
resources received or obtainable by the person, from whatever |
source.
However, the amount and nature of any financial aid is |
not affected by
the payment of any grant under the "Senior |
Citizens and Disabled Persons
Property Tax Relief Act" or any |
distributions
or items of income described under subparagraph |
(X) of paragraph (2) of
subsection (a) of Section 203 of the |
Illinois Income Tax Act. The aid shall
be sufficient, when |
added to all other income, money contributions and
support, to |
provide the person with a grant in the amount established by
|
Department regulation for such a person, based upon standards |
providing a
livelihood compatible with health and well-being. |
|
Financial aid under this Article granted to persons who have |
been found ineligible for Supplemental Security Income (SSI) |
due to expiration of the period of eligibility for refugees and |
asylees pursuant to 8 U.S.C. 1612(a)(2) shall equal 90% of the |
current maximum SSI payment amount per month not exceed $500 |
per month .
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
(305 ILCS 5/5-33 new) |
Sec. 5-33. Personal needs allowance; ID/DD facility. |
During State fiscal year 2015 only and no later than January 1, |
2015, the monthly personal needs allowance required under |
Section 1902(g) of Title XIX of the Social Security Act (42 |
U.S.C. 1396(g)) for any person residing in a facility licensed |
under the ID/DD Community Care Act and who has been determined |
eligible for medical assistance under this Code shall be no |
less than $60. |
This Section is repealed on January 1, 2016. |
(305 ILCS 5/5-34 new) |
Sec. 5-34. Personal needs allowance; CILA. During State |
fiscal year 2015 only and no later than January 1, 2015, the |
monthly personal needs allowance required under Section |
1902(g) of Title XIX of the Social Security Act (42 U.S.C. |
1396(g)) for any person residing in a facility licensed under |
the Community-Integrated Living Arrangements Licensure and
|
|
Certification Act, who is determined to be eligible for
medical |
assistance under this Code and who is enrolled in
the Illinois |
Home and Community Based Services Medicaid Waiver
program for |
adults with developmental disabilities, shall be no less than |
$60. |
This Section is repealed on January 1, 2016. |
ARTICLE 25. RETIREMENT CONTRIBUTIONS |
Section 25-5. The State Finance Act is amended by changing |
Sections 8.12 and 14.1 as follows:
|
(30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
|
Sec. 8.12. State Pensions Fund.
|
(a) The moneys in the State Pensions Fund shall be used |
exclusively
for the administration of the Uniform Disposition |
of Unclaimed Property Act and
for the expenses incurred by the |
Auditor General for administering the provisions of Section |
2-8.1 of the Illinois State Auditing Act and for the funding of |
the unfunded liabilities of the designated retirement systems. |
Beginning in State fiscal year 2016 2015 , payments to the |
designated retirement systems under this Section shall be in |
addition to, and not in lieu of, any State contributions |
required under the Illinois Pension Code.
|
"Designated retirement systems" means:
|
(1) the State Employees' Retirement System of |
|
Illinois;
|
(2) the Teachers' Retirement System of the State of |
Illinois;
|
(3) the State Universities Retirement System;
|
(4) the Judges Retirement System of Illinois; and
|
(5) the General Assembly Retirement System.
|
(b) Each year the General Assembly may make appropriations |
from
the State Pensions Fund for the administration of the |
Uniform Disposition of
Unclaimed Property Act.
|
Each month, the Commissioner of the Office of Banks and |
Real Estate shall
certify to the State Treasurer the actual |
expenditures that the Office of
Banks and Real Estate incurred |
conducting unclaimed property examinations under
the Uniform |
Disposition of Unclaimed Property Act during the immediately
|
preceding month. Within a reasonable
time following the |
acceptance of such certification by the State Treasurer, the
|
State Treasurer shall pay from its appropriation from the State |
Pensions Fund
to the Bank and Trust Company Fund and the |
Savings and Residential Finance
Regulatory Fund an amount equal |
to the expenditures incurred by each Fund for
that month.
|
Each month, the Director of Financial Institutions shall
|
certify to the State Treasurer the actual expenditures that the |
Department of
Financial Institutions incurred conducting |
unclaimed property examinations
under the Uniform Disposition |
of Unclaimed Property Act during the immediately
preceding |
month. Within a reasonable time following the acceptance of |
|
such
certification by the State Treasurer, the State Treasurer |
shall pay from its
appropriation from the State Pensions Fund
|
to the Financial Institution Fund and the Credit Union Fund
an |
amount equal to the expenditures incurred by each Fund for
that |
month.
|
(c) As soon as possible after the effective date of this |
amendatory Act of the 93rd General Assembly, the General |
Assembly shall appropriate from the State Pensions Fund (1) to |
the State Universities Retirement System the amount certified |
under Section 15-165 during the prior year, (2) to the Judges |
Retirement System of Illinois the amount certified under |
Section 18-140 during the prior year, and (3) to the General |
Assembly Retirement System the amount certified under Section |
2-134 during the prior year as part of the required
State |
contributions to each of those designated retirement systems; |
except that amounts appropriated under this subsection (c) in |
State fiscal year 2005 shall not reduce the amount in the State |
Pensions Fund below $5,000,000. If the amount in the State |
Pensions Fund does not exceed the sum of the amounts certified |
in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, |
the amount paid to each designated retirement system under this |
subsection shall be reduced in proportion to the amount |
certified by each of those designated retirement systems.
|
(c-5) For fiscal years 2006 through 2015 2014 , the General |
Assembly shall appropriate from the State Pensions Fund to the |
State Universities Retirement System the amount estimated to be |
|
available during the fiscal year in the State Pensions Fund; |
provided, however, that the amounts appropriated under this |
subsection (c-5) shall not reduce the amount in the State |
Pensions Fund below $5,000,000.
|
(c-6) For fiscal year 2016 2015 and each fiscal year |
thereafter, as soon as may be practical after any money is |
deposited into the State Pensions Fund from the Unclaimed |
Property Trust Fund, the State Treasurer shall apportion the |
deposited amount among the designated retirement systems as |
defined in subsection (a) to reduce their actuarial reserve |
deficiencies. The State Comptroller and State Treasurer shall |
pay the apportioned amounts to the designated retirement |
systems to fund the unfunded liabilities of the designated |
retirement systems. The amount apportioned to each designated |
retirement system shall constitute a portion of the amount |
estimated to be available for appropriation from the State |
Pensions Fund that is the same as that retirement system's |
portion of the total actual reserve deficiency of the systems, |
as determined annually by the Governor's Office of Management |
and Budget at the request of the State Treasurer. The amounts |
apportioned under this subsection shall not reduce the amount |
in the State Pensions Fund below $5,000,000. |
(d) The
Governor's Office of Management and Budget shall |
determine the individual and total
reserve deficiencies of the |
designated retirement systems. For this purpose,
the
|
Governor's Office of Management and Budget shall utilize the |
|
latest available audit and actuarial
reports of each of the |
retirement systems and the relevant reports and
statistics of |
the Public Employee Pension Fund Division of the Department of
|
Insurance.
|
(d-1) As soon as practicable after the effective date of |
this
amendatory Act of the 93rd General Assembly, the |
Comptroller shall
direct and the Treasurer shall transfer from |
the State Pensions Fund to
the General Revenue Fund, as funds |
become available, a sum equal to the
amounts that would have |
been paid
from the State Pensions Fund to the Teachers' |
Retirement System of the State
of Illinois,
the State |
Universities Retirement System, the Judges Retirement
System |
of Illinois, the
General Assembly Retirement System, and the |
State Employees'
Retirement System
of Illinois
after the |
effective date of this
amendatory Act during the remainder of |
fiscal year 2004 to the
designated retirement systems from the |
appropriations provided for in
this Section if the transfers |
provided in Section 6z-61 had not
occurred. The transfers |
described in this subsection (d-1) are to
partially repay the |
General Revenue Fund for the costs associated with
the bonds |
used to fund the moneys transferred to the designated
|
retirement systems under Section 6z-61.
|
(e) The changes to this Section made by this amendatory Act |
of 1994 shall
first apply to distributions from the Fund for |
State fiscal year 1996.
|
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
|
eff. 6-19-13; 98-463, eff. 8-16-13.)
|
(30 ILCS 105/14.1)
(from Ch. 127, par. 150.1)
|
Sec. 14.1. Appropriations for State contributions to the |
State
Employees' Retirement System; payroll requirements. |
(a) Appropriations for State contributions to the State
|
Employees' Retirement System of Illinois shall be expended in |
the manner
provided in this Section.
Except as otherwise |
provided in subsections (a-1), (a-2), (a-3), and (a-4)
at the |
time of each payment of salary to an
employee under the |
personal services line item, payment shall be made to
the State |
Employees' Retirement System, from the amount appropriated for
|
State contributions to the State Employees' Retirement System, |
of an amount
calculated at the rate certified for the |
applicable fiscal year by the
Board of Trustees of the State |
Employees' Retirement System under Section
14-135.08 of the |
Illinois Pension Code. If a line item appropriation to an
|
employer for this purpose is exhausted or is unavailable due to |
any limitation on appropriations that may apply, (including, |
but not limited to, limitations on appropriations from the Road |
Fund under Section 8.3 of the State Finance Act), the amounts |
shall be
paid under the continuing appropriation for this |
purpose contained in the State
Pension Funds Continuing |
Appropriation Act.
|
(a-1) Beginning on the effective date of this amendatory |
Act of the 93rd
General Assembly through the payment of the |
|
final payroll from fiscal
year 2004 appropriations, |
appropriations for State contributions to the
State Employees' |
Retirement System of Illinois shall be expended in the
manner |
provided in this subsection (a-1). At the time of each payment |
of
salary to an employee under the personal services line item |
from a fund
other than the General Revenue Fund, payment shall |
be made for deposit
into the General Revenue Fund from the |
amount appropriated for State
contributions to the State |
Employees' Retirement System of an amount
calculated at the |
rate certified for fiscal year 2004 by the Board of
Trustees of |
the State Employees' Retirement System under Section
14-135.08 |
of the Illinois Pension Code. This payment shall be made to
the |
extent that a line item appropriation to an employer for this |
purpose is
available or unexhausted. No payment from |
appropriations for State
contributions shall be made in |
conjunction with payment of salary to an
employee under the |
personal services line item from the General Revenue
Fund.
|
(a-2) For fiscal year 2010 only, at the time of each |
payment of salary to an employee under the personal services |
line item from a fund other than the General Revenue Fund, |
payment shall be made for deposit into the State Employees' |
Retirement System of Illinois from the amount appropriated for |
State contributions to the State Employees' Retirement System |
of Illinois of an amount calculated at the rate certified for |
fiscal year 2010 by the Board of Trustees of the State |
Employees' Retirement System of Illinois under Section |
|
14-135.08 of the Illinois Pension Code. This payment shall be |
made to the extent that a line item appropriation to an |
employer for this purpose is available or unexhausted. For |
fiscal year 2010 only, no payment from appropriations for State |
contributions shall be made in conjunction with payment of |
salary to an employee under the personal services line item |
from the General Revenue Fund. |
(a-3) For fiscal year 2011 only, at the time of each |
payment of salary to an employee under the personal services |
line item from a fund other than the General Revenue Fund, |
payment shall be made for deposit into the State Employees' |
Retirement System of Illinois from the amount appropriated for |
State contributions to the State Employees' Retirement System |
of Illinois of an amount calculated at the rate certified for |
fiscal year 2011 by the Board of Trustees of the State |
Employees' Retirement System of Illinois under Section |
14-135.08 of the Illinois Pension Code. This payment shall be |
made to the extent that a line item appropriation to an |
employer for this purpose is available or unexhausted. For |
fiscal year 2011 only, no payment from appropriations for State |
contributions shall be made in conjunction with payment of |
salary to an employee under the personal services line item |
from the General Revenue Fund. |
(a-4) In fiscal years 2012 through 2015 2014 only, at the |
time of each payment of salary to an employee under the |
personal services line item from a fund other than the General |
|
Revenue Fund, payment shall be made for deposit into the State |
Employees' Retirement System of Illinois from the amount |
appropriated for State contributions to the State Employees' |
Retirement System of Illinois of an amount calculated at the |
rate certified for the applicable fiscal year by the Board of |
Trustees of the State Employees' Retirement System of Illinois |
under Section 14-135.08 of the Illinois Pension Code. In fiscal |
years 2012 through 2015 2014 only, no payment from |
appropriations for State contributions shall be made in |
conjunction with payment of salary to an employee under the |
personal services line item from the General Revenue Fund. |
(b) Except during the period beginning on the effective |
date of this
amendatory
Act of the 93rd General Assembly and |
ending at the time of the payment of the
final payroll from |
fiscal year 2004 appropriations, the State Comptroller
shall |
not approve for payment any payroll
voucher that (1) includes |
payments of salary to eligible employees in the
State |
Employees' Retirement System of Illinois and (2) does not |
include the
corresponding payment of State contributions to |
that retirement system at the
full rate certified under Section |
14-135.08 for that fiscal year for eligible
employees, unless |
the balance in the fund on which the payroll voucher is drawn
|
is insufficient to pay the total payroll voucher, or |
unavailable due to any limitation on appropriations that may |
apply, including, but not limited to, limitations on |
appropriations from the Road Fund under Section 8.3 of the |
|
State Finance Act. If the State Comptroller
approves a payroll |
voucher under this Section for which the fund balance is
|
insufficient to pay the full amount of the required State |
contribution to the
State Employees' Retirement System, the |
Comptroller shall promptly so notify
the Retirement System.
|
(b-1) For fiscal year 2010 and fiscal year 2011 only, the |
State Comptroller shall not approve for payment any non-General |
Revenue Fund payroll voucher that (1) includes payments of |
salary to eligible employees in the State Employees' Retirement |
System of Illinois and (2) does not include the corresponding |
payment of State contributions to that retirement system at the |
full rate certified under Section 14-135.08 for that fiscal |
year for eligible employees, unless the balance in the fund on |
which the payroll voucher is drawn is insufficient to pay the |
total payroll voucher, or unavailable due to any limitation on |
appropriations that may apply, including, but not limited to, |
limitations on appropriations from the Road Fund under Section |
8.3 of the State Finance Act. If the State Comptroller approves |
a payroll voucher under this Section for which the fund balance |
is insufficient to pay the full amount of the required State |
contribution to the State Employees' Retirement System of |
Illinois, the Comptroller shall promptly so notify the |
retirement system. |
(c) Notwithstanding any other provisions of law, beginning |
July 1, 2007, required State and employee contributions to the |
State Employees' Retirement System of Illinois relating to |
|
affected legislative staff employees shall be paid out of |
moneys appropriated for that purpose to the Commission on |
Government Forecasting and Accountability, rather than out of |
the lump-sum appropriations otherwise made for the payroll and |
other costs of those employees. |
These payments must be made pursuant to payroll vouchers |
submitted by the employing entity as part of the regular |
payroll voucher process. |
For the purpose of this subsection, "affected legislative |
staff employees" means legislative staff employees paid out of |
lump-sum appropriations made to the General Assembly, an |
Officer of the General Assembly, or the Senate Operations |
Commission, but does not include district-office staff or |
employees of legislative support services agencies. |
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
eff. 6-19-13.)
|
Section 25-10. The Illinois Pension Code is amended by |
changing Section 14-131 as follows:
|
(40 ILCS 5/14-131)
|
(Text of Section before amendment by P.A. 98-599 ) |
Sec. 14-131. Contributions by State.
|
(a) The State shall make contributions to the System by |
appropriations of
amounts which, together with other employer |
contributions from trust, federal,
and other funds, employee |
|
contributions, investment income, and other income,
will be |
sufficient to meet the cost of maintaining and administering |
the System
on a 90% funded basis in accordance with actuarial |
recommendations.
|
For the purposes of this Section and Section 14-135.08, |
references to State
contributions refer only to employer |
contributions and do not include employee
contributions that |
are picked up or otherwise paid by the State or a
department on |
behalf of the employee.
|
(b) The Board shall determine the total amount of State |
contributions
required for each fiscal year on the basis of the |
actuarial tables and other
assumptions adopted by the Board, |
using the formula in subsection (e).
|
The Board shall also determine a State contribution rate |
for each fiscal
year, expressed as a percentage of payroll, |
based on the total required State
contribution for that fiscal |
year (less the amount received by the System from
|
appropriations under Section 8.12 of the State Finance Act and |
Section 1 of the
State Pension Funds Continuing Appropriation |
Act, if any, for the fiscal year
ending on the June 30 |
immediately preceding the applicable November 15
certification |
deadline), the estimated payroll (including all forms of
|
compensation) for personal services rendered by eligible |
employees, and the
recommendations of the actuary.
|
For the purposes of this Section and Section 14.1 of the |
State Finance Act,
the term "eligible employees" includes |
|
employees who participate in the System,
persons who may elect |
to participate in the System but have not so elected,
persons |
who are serving a qualifying period that is required for |
participation,
and annuitants employed by a department as |
described in subdivision (a)(1) or
(a)(2) of Section 14-111.
|
(c) Contributions shall be made by the several departments |
for each pay
period by warrants drawn by the State Comptroller |
against their respective
funds or appropriations based upon |
vouchers stating the amount to be so
contributed. These amounts |
shall be based on the full rate certified by the
Board under |
Section 14-135.08 for that fiscal year.
From the effective date |
of this amendatory Act of the 93rd General
Assembly through the |
payment of the final payroll from fiscal year 2004
|
appropriations, the several departments shall not make |
contributions
for the remainder of fiscal year 2004 but shall |
instead make payments
as required under subsection (a-1) of |
Section 14.1 of the State Finance Act.
The several departments |
shall resume those contributions at the commencement of
fiscal |
year 2005.
|
(c-1) Notwithstanding subsection (c) of this Section, for |
fiscal years 2010, 2012, 2013, and 2014 , and 2015 only, |
contributions by the several departments are not required to be |
made for General Revenue Funds payrolls processed by the |
Comptroller. Payrolls paid by the several departments from all |
other State funds must continue to be processed pursuant to |
subsection (c) of this Section. |
|
(c-2) For State fiscal years 2010, 2012, 2013, and 2014 , |
and 2015 only, on or as soon as possible after the 15th day of |
each month, the Board shall submit vouchers for payment of |
State contributions to the System, in a total monthly amount of |
one-twelfth of the fiscal year General Revenue Fund |
contribution as certified by the System pursuant to Section |
14-135.08 of the Illinois Pension Code. |
(d) If an employee is paid from trust funds or federal |
funds, the
department or other employer shall pay employer |
contributions from those funds
to the System at the certified |
rate, unless the terms of the trust or the
federal-State |
agreement preclude the use of the funds for that purpose, in
|
which case the required employer contributions shall be paid by |
the State.
From the effective date of this amendatory
Act of |
the 93rd General Assembly through the payment of the final
|
payroll from fiscal year 2004 appropriations, the department or |
other
employer shall not pay contributions for the remainder of |
fiscal year
2004 but shall instead make payments as required |
under subsection (a-1) of
Section 14.1 of the State Finance |
Act. The department or other employer shall
resume payment of
|
contributions at the commencement of fiscal year 2005.
|
(e) For State fiscal years 2012 through 2045, the minimum |
contribution
to the System to be made by the State for each |
fiscal year shall be an amount
determined by the System to be |
sufficient to bring the total assets of the
System up to 90% of |
the total actuarial liabilities of the System by the end
of |
|
State fiscal year 2045. In making these determinations, the |
required State
contribution shall be calculated each year as a |
level percentage of payroll
over the years remaining to and |
including fiscal year 2045 and shall be
determined under the |
projected unit credit actuarial cost method.
|
For State fiscal years 1996 through 2005, the State |
contribution to
the System, as a percentage of the applicable |
employee payroll, shall be
increased in equal annual increments |
so that by State fiscal year 2011, the
State is contributing at |
the rate required under this Section; except that
(i) for State |
fiscal year 1998, for all purposes of this Code and any other
|
law of this State, the certified percentage of the applicable |
employee payroll
shall be 5.052% for employees earning eligible |
creditable service under Section
14-110 and 6.500% for all |
other employees, notwithstanding any contrary
certification |
made under Section 14-135.08 before the effective date of this
|
amendatory Act of 1997, and (ii)
in the following specified |
State fiscal years, the State contribution to
the System shall |
not be less than the following indicated percentages of the
|
applicable employee payroll, even if the indicated percentage |
will produce a
State contribution in excess of the amount |
otherwise required under this
subsection and subsection (a):
|
9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY |
2002;
10.6% in FY 2003; and
10.8% in FY 2004.
|
Notwithstanding any other provision of this Article, the |
total required State
contribution to the System for State |
|
fiscal year 2006 is $203,783,900.
|
Notwithstanding any other provision of this Article, the |
total required State
contribution to the System for State |
fiscal year 2007 is $344,164,400.
|
For each of State fiscal years 2008 through 2009, the State |
contribution to
the System, as a percentage of the applicable |
employee payroll, shall be
increased in equal annual increments |
from the required State contribution for State fiscal year |
2007, so that by State fiscal year 2011, the
State is |
contributing at the rate otherwise required under this Section.
|
Notwithstanding any other provision of this Article, the |
total required State General Revenue Fund contribution for |
State fiscal year 2010 is $723,703,100 and shall be made from |
the proceeds of bonds sold in fiscal year 2010 pursuant to |
Section 7.2 of the General Obligation Bond Act, less (i) the |
pro rata share of bond sale expenses determined by the System's |
share of total bond proceeds, (ii) any amounts received from |
the General Revenue Fund in fiscal year 2010, and (iii) any |
reduction in bond proceeds due to the issuance of discounted |
bonds, if applicable. |
Notwithstanding any other provision of this Article, the
|
total required State General Revenue Fund contribution for
|
State fiscal year 2011 is the amount recertified by the System |
on or before April 1, 2011 pursuant to Section 14-135.08 and |
shall be made from
the proceeds of bonds sold in fiscal year |
2011 pursuant to
Section 7.2 of the General Obligation Bond |
|
Act, less (i) the
pro rata share of bond sale expenses |
determined by the System's
share of total bond proceeds, (ii) |
any amounts received from
the General Revenue Fund in fiscal |
year 2011, and (iii) any
reduction in bond proceeds due to the |
issuance of discounted
bonds, if applicable. |
Beginning in State fiscal year 2046, the minimum State |
contribution for
each fiscal year shall be the amount needed to |
maintain the total assets of
the System at 90% of the total |
actuarial liabilities of the System.
|
Amounts received by the System pursuant to Section 25 of |
the Budget Stabilization Act or Section 8.12 of the State |
Finance Act in any fiscal year do not reduce and do not |
constitute payment of any portion of the minimum State |
contribution required under this Article in that fiscal year. |
Such amounts shall not reduce, and shall not be included in the |
calculation of, the required State contributions under this |
Article in any future year until the System has reached a |
funding ratio of at least 90%. A reference in this Article to |
the "required State contribution" or any substantially similar |
term does not include or apply to any amounts payable to the |
System under Section 25 of the Budget Stabilization Act.
|
Notwithstanding any other provision of this Section, the |
required State
contribution for State fiscal year 2005 and for |
fiscal year 2008 and each fiscal year thereafter, as
calculated |
under this Section and
certified under Section 14-135.08, shall |
not exceed an amount equal to (i) the
amount of the required |
|
State contribution that would have been calculated under
this |
Section for that fiscal year if the System had not received any |
payments
under subsection (d) of Section 7.2 of the General |
Obligation Bond Act, minus
(ii) the portion of the State's |
total debt service payments for that fiscal
year on the bonds |
issued in fiscal year 2003 for the purposes of that Section |
7.2, as determined
and certified by the Comptroller, that is |
the same as the System's portion of
the total moneys |
distributed under subsection (d) of Section 7.2 of the General
|
Obligation Bond Act. In determining this maximum for State |
fiscal years 2008 through 2010, however, the amount referred to |
in item (i) shall be increased, as a percentage of the |
applicable employee payroll, in equal increments calculated |
from the sum of the required State contribution for State |
fiscal year 2007 plus the applicable portion of the State's |
total debt service payments for fiscal year 2007 on the bonds |
issued in fiscal year 2003 for the purposes of Section 7.2 of |
the General
Obligation Bond Act, so that, by State fiscal year |
2011, the
State is contributing at the rate otherwise required |
under this Section.
|
(f) After the submission of all payments for eligible |
employees
from personal services line items in fiscal year 2004 |
have been made,
the Comptroller shall provide to the System a |
certification of the sum
of all fiscal year 2004 expenditures |
for personal services that would
have been covered by payments |
to the System under this Section if the
provisions of this |
|
amendatory Act of the 93rd General Assembly had not been
|
enacted. Upon
receipt of the certification, the System shall |
determine the amount
due to the System based on the full rate |
certified by the Board under
Section 14-135.08 for fiscal year |
2004 in order to meet the State's
obligation under this |
Section. The System shall compare this amount
due to the amount |
received by the System in fiscal year 2004 through
payments |
under this Section and under Section 6z-61 of the State Finance |
Act.
If the amount
due is more than the amount received, the |
difference shall be termed the
"Fiscal Year 2004 Shortfall" for |
purposes of this Section, and the
Fiscal Year 2004 Shortfall |
shall be satisfied under Section 1.2 of the State
Pension Funds |
Continuing Appropriation Act. If the amount due is less than |
the
amount received, the
difference shall be termed the "Fiscal |
Year 2004 Overpayment" for purposes of
this Section, and the |
Fiscal Year 2004 Overpayment shall be repaid by
the System to |
the Pension Contribution Fund as soon as practicable
after the |
certification.
|
(g) For purposes of determining the required State |
contribution to the System, the value of the System's assets |
shall be equal to the actuarial value of the System's assets, |
which shall be calculated as follows: |
As of June 30, 2008, the actuarial value of the System's |
assets shall be equal to the market value of the assets as of |
that date. In determining the actuarial value of the System's |
assets for fiscal years after June 30, 2008, any actuarial |
|
gains or losses from investment return incurred in a fiscal |
year shall be recognized in equal annual amounts over the |
5-year period following that fiscal year. |
(h) For purposes of determining the required State |
contribution to the System for a particular year, the actuarial |
value of assets shall be assumed to earn a rate of return equal |
to the System's actuarially assumed rate of return. |
(i) After the submission of all payments for eligible |
employees from personal services line items paid from the |
General Revenue Fund in fiscal year 2010 have been made, the |
Comptroller shall provide to the System a certification of the |
sum of all fiscal year 2010 expenditures for personal services |
that would have been covered by payments to the System under |
this Section if the provisions of this amendatory Act of the |
96th General Assembly had not been enacted. Upon receipt of the |
certification, the System shall determine the amount due to the |
System based on the full rate certified by the Board under |
Section 14-135.08 for fiscal year 2010 in order to meet the |
State's obligation under this Section. The System shall compare |
this amount due to the amount received by the System in fiscal |
year 2010 through payments under this Section. If the amount |
due is more than the amount received, the difference shall be |
termed the "Fiscal Year 2010 Shortfall" for purposes of this |
Section, and the Fiscal Year 2010 Shortfall shall be satisfied |
under Section 1.2 of the State Pension Funds Continuing |
Appropriation Act. If the amount due is less than the amount |
|
received, the difference shall be termed the "Fiscal Year 2010 |
Overpayment" for purposes of this Section, and the Fiscal Year |
2010 Overpayment shall be repaid by the System to the General |
Revenue Fund as soon as practicable after the certification. |
(j) After the submission of all payments for eligible |
employees from personal services line items paid from the |
General Revenue Fund in fiscal year 2011 have been made, the |
Comptroller shall provide to the System a certification of the |
sum of all fiscal year 2011 expenditures for personal services |
that would have been covered by payments to the System under |
this Section if the provisions of this amendatory Act of the |
96th General Assembly had not been enacted. Upon receipt of the |
certification, the System shall determine the amount due to the |
System based on the full rate certified by the Board under |
Section 14-135.08 for fiscal year 2011 in order to meet the |
State's obligation under this Section. The System shall compare |
this amount due to the amount received by the System in fiscal |
year 2011 through payments under this Section. If the amount |
due is more than the amount received, the difference shall be |
termed the "Fiscal Year 2011 Shortfall" for purposes of this |
Section, and the Fiscal Year 2011 Shortfall shall be satisfied |
under Section 1.2 of the State Pension Funds Continuing |
Appropriation Act. If the amount due is less than the amount |
received, the difference shall be termed the "Fiscal Year 2011 |
Overpayment" for purposes of this Section, and the Fiscal Year |
2011 Overpayment shall be repaid by the System to the General |
|
Revenue Fund as soon as practicable after the certification. |
(k) For fiscal years 2012 through 2015 2014 only, after the |
submission of all payments for eligible employees from personal |
services line items paid from the General Revenue Fund in the |
fiscal year have been made, the Comptroller shall provide to |
the System a certification of the sum of all expenditures in |
the fiscal year for personal services. Upon receipt of the |
certification, the System shall determine the amount due to the |
System based on the full rate certified by the Board under |
Section 14-135.08 for the fiscal year in order to meet the |
State's obligation under this Section. The System shall compare |
this amount due to the amount received by the System for the |
fiscal year. If the amount due is more than the amount |
received, the difference shall be termed the "Prior Fiscal Year |
Shortfall" for purposes of this Section, and the Prior Fiscal |
Year Shortfall shall be satisfied under Section 1.2 of the |
State Pension Funds Continuing Appropriation Act. If the amount |
due is less than the amount received, the difference shall be |
termed the "Prior Fiscal Year Overpayment" for purposes of this |
Section, and the Prior Fiscal Year Overpayment shall be repaid |
by the System to the General Revenue Fund as soon as |
practicable after the certification. |
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
eff. 6-19-13.)
|
(Text of Section after amendment by P.A. 98-599 ) |
|
Sec. 14-131. Contributions by State.
|
(a) The State shall make contributions to the System by |
appropriations of
amounts which, together with other employer |
contributions from trust, federal,
and other funds, employee |
contributions, investment income, and other income,
will be |
sufficient to meet the cost of maintaining and administering |
the System
on a 100% funded basis in accordance with actuarial |
recommendations by the end of State fiscal year 2044.
|
For the purposes of this Section and Section 14-135.08, |
references to State
contributions refer only to employer |
contributions and do not include employee
contributions that |
are picked up or otherwise paid by the State or a
department on |
behalf of the employee.
|
(b) The Board shall determine the total amount of State |
contributions
required for each fiscal year on the basis of the |
actuarial tables and other
assumptions adopted by the Board, |
using the formula in subsection (e).
|
The Board shall also determine a State contribution rate |
for each fiscal
year, expressed as a percentage of payroll, |
based on the total required State
contribution for that fiscal |
year (less the amount received by the System from
|
appropriations under Section 8.12 of the State Finance Act and |
Section 1 of the
State Pension Funds Continuing Appropriation |
Act, if any, for the fiscal year
ending on the June 30 |
immediately preceding the applicable November 15
certification |
deadline), the estimated payroll (including all forms of
|
|
compensation) for personal services rendered by eligible |
employees, and the
recommendations of the actuary.
|
For the purposes of this Section and Section 14.1 of the |
State Finance Act,
the term "eligible employees" includes |
employees who participate in the System,
persons who may elect |
to participate in the System but have not so elected,
persons |
who are serving a qualifying period that is required for |
participation,
and annuitants employed by a department as |
described in subdivision (a)(1) or
(a)(2) of Section 14-111.
|
(c) Contributions shall be made by the several departments |
for each pay
period by warrants drawn by the State Comptroller |
against their respective
funds or appropriations based upon |
vouchers stating the amount to be so
contributed. These amounts |
shall be based on the full rate certified by the
Board under |
Section 14-135.08 for that fiscal year.
From the effective date |
of this amendatory Act of the 93rd General
Assembly through the |
payment of the final payroll from fiscal year 2004
|
appropriations, the several departments shall not make |
contributions
for the remainder of fiscal year 2004 but shall |
instead make payments
as required under subsection (a-1) of |
Section 14.1 of the State Finance Act.
The several departments |
shall resume those contributions at the commencement of
fiscal |
year 2005.
|
(c-1) Notwithstanding subsection (c) of this Section, for |
fiscal years 2010, 2012, 2013, and 2014 , and 2015 only, |
contributions by the several departments are not required to be |
|
made for General Revenue Funds payrolls processed by the |
Comptroller. Payrolls paid by the several departments from all |
other State funds must continue to be processed pursuant to |
subsection (c) of this Section. |
(c-2) For State fiscal years 2010, 2012, 2013, and 2014 , |
and 2015 only, on or as soon as possible after the 15th day of |
each month, the Board shall submit vouchers for payment of |
State contributions to the System, in a total monthly amount of |
one-twelfth of the fiscal year General Revenue Fund |
contribution as certified by the System pursuant to Section |
14-135.08 of the Illinois Pension Code. |
(d) If an employee is paid from trust funds or federal |
funds, the
department or other employer shall pay employer |
contributions from those funds
to the System at the certified |
rate, unless the terms of the trust or the
federal-State |
agreement preclude the use of the funds for that purpose, in
|
which case the required employer contributions shall be paid by |
the State.
From the effective date of this amendatory
Act of |
the 93rd General Assembly through the payment of the final
|
payroll from fiscal year 2004 appropriations, the department or |
other
employer shall not pay contributions for the remainder of |
fiscal year
2004 but shall instead make payments as required |
under subsection (a-1) of
Section 14.1 of the State Finance |
Act. The department or other employer shall
resume payment of
|
contributions at the commencement of fiscal year 2005.
|
(e) For State fiscal years 2015 through 2044, the minimum |
|
contribution
to the System to be made by the State for each |
fiscal year shall be an amount
determined by the System to be |
equal to the sum of (1) the State's portion of the projected |
normal cost for that fiscal year, plus (2) an amount sufficient |
to bring the total assets of the
System up to 100% of the total |
actuarial liabilities of the System by the end of
State fiscal |
year 2044. In making these determinations, the required State
|
contribution shall be calculated each year as a level |
percentage of payroll
over the years remaining to and including |
fiscal year 2044 and shall be
determined under the projected |
unit cost method for fiscal year 2015 and under the entry age |
normal actuarial cost method for fiscal years 2016 through |
2044. |
For State fiscal years 2012 through 2014, the minimum |
contribution
to the System to be made by the State for each |
fiscal year shall be an amount
determined by the System to be |
sufficient to bring the total assets of the
System up to 90% of |
the total actuarial liabilities of the System by the end
of |
State fiscal year 2045. In making these determinations, the |
required State
contribution shall be calculated each year as a |
level percentage of payroll
over the years remaining to and |
including fiscal year 2045 and shall be
determined under the |
projected unit credit actuarial cost method.
|
For State fiscal years 1996 through 2005, the State |
contribution to
the System, as a percentage of the applicable |
employee payroll, shall be
increased in equal annual increments |
|
so that by State fiscal year 2011, the
State is contributing at |
the rate required under this Section; except that
(i) for State |
fiscal year 1998, for all purposes of this Code and any other
|
law of this State, the certified percentage of the applicable |
employee payroll
shall be 5.052% for employees earning eligible |
creditable service under Section
14-110 and 6.500% for all |
other employees, notwithstanding any contrary
certification |
made under Section 14-135.08 before the effective date of this
|
amendatory Act of 1997, and (ii)
in the following specified |
State fiscal years, the State contribution to
the System shall |
not be less than the following indicated percentages of the
|
applicable employee payroll, even if the indicated percentage |
will produce a
State contribution in excess of the amount |
otherwise required under this
subsection and subsection (a):
|
9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY |
2002;
10.6% in FY 2003; and
10.8% in FY 2004.
|
Notwithstanding any other provision of this Article, the |
total required State
contribution to the System for State |
fiscal year 2006 is $203,783,900.
|
Notwithstanding any other provision of this Article, the |
total required State
contribution to the System for State |
fiscal year 2007 is $344,164,400.
|
For each of State fiscal years 2008 through 2009, the State |
contribution to
the System, as a percentage of the applicable |
employee payroll, shall be
increased in equal annual increments |
from the required State contribution for State fiscal year |
|
2007, so that by State fiscal year 2011, the
State is |
contributing at the rate otherwise required under this Section.
|
Notwithstanding any other provision of this Article, the |
total required State General Revenue Fund contribution for |
State fiscal year 2010 is $723,703,100 and shall be made from |
the proceeds of bonds sold in fiscal year 2010 pursuant to |
Section 7.2 of the General Obligation Bond Act, less (i) the |
pro rata share of bond sale expenses determined by the System's |
share of total bond proceeds, (ii) any amounts received from |
the General Revenue Fund in fiscal year 2010, and (iii) any |
reduction in bond proceeds due to the issuance of discounted |
bonds, if applicable. |
Notwithstanding any other provision of this Article, the
|
total required State General Revenue Fund contribution for
|
State fiscal year 2011 is the amount recertified by the System |
on or before April 1, 2011 pursuant to Section 14-135.08 and |
shall be made from
the proceeds of bonds sold in fiscal year |
2011 pursuant to
Section 7.2 of the General Obligation Bond |
Act, less (i) the
pro rata share of bond sale expenses |
determined by the System's
share of total bond proceeds, (ii) |
any amounts received from
the General Revenue Fund in fiscal |
year 2011, and (iii) any
reduction in bond proceeds due to the |
issuance of discounted
bonds, if applicable. |
Beginning in State fiscal year 2045, the minimum State |
contribution for each fiscal year shall be the amount needed to |
maintain the total assets of the System at 100% of the total |
|
actuarial liabilities of the System.
|
Amounts received by the System pursuant to Section 25 of |
the Budget Stabilization Act or Section 8.12 of the State |
Finance Act in any fiscal year do not reduce and do not |
constitute payment of any portion of the minimum State |
contribution required under this Article in that fiscal year. |
Such amounts shall not reduce, and shall not be included in the |
calculation of, the required State contributions under this |
Article in any future year until the System has reached a |
funding ratio of at least 100%. A reference in this Article to |
the "required State contribution" or any substantially similar |
term does not include or apply to any amounts payable to the |
System under Section 25 of the Budget Stabilization Act.
|
Notwithstanding any other provision of this Section, the |
required State
contribution for State fiscal year 2005 and for |
fiscal year 2008 and each fiscal year thereafter through State |
fiscal year 2014, as
calculated under this Section and
|
certified under Section 14-135.08, shall not exceed an amount |
equal to (i) the
amount of the required State contribution that |
would have been calculated under
this Section for that fiscal |
year if the System had not received any payments
under |
subsection (d) of Section 7.2 of the General Obligation Bond |
Act, minus
(ii) the portion of the State's total debt service |
payments for that fiscal
year on the bonds issued in fiscal |
year 2003 for the purposes of that Section 7.2, as determined
|
and certified by the Comptroller, that is the same as the |
|
System's portion of
the total moneys distributed under |
subsection (d) of Section 7.2 of the General
Obligation Bond |
Act. In determining this maximum for State fiscal years 2008 |
through 2010, however, the amount referred to in item (i) shall |
be increased, as a percentage of the applicable employee |
payroll, in equal increments calculated from the sum of the |
required State contribution for State fiscal year 2007 plus the |
applicable portion of the State's total debt service payments |
for fiscal year 2007 on the bonds issued in fiscal year 2003 |
for the purposes of Section 7.2 of the General
Obligation Bond |
Act, so that, by State fiscal year 2011, the
State is |
contributing at the rate otherwise required under this Section.
|
(f) After the submission of all payments for eligible |
employees
from personal services line items in fiscal year 2004 |
have been made,
the Comptroller shall provide to the System a |
certification of the sum
of all fiscal year 2004 expenditures |
for personal services that would
have been covered by payments |
to the System under this Section if the
provisions of this |
amendatory Act of the 93rd General Assembly had not been
|
enacted. Upon
receipt of the certification, the System shall |
determine the amount
due to the System based on the full rate |
certified by the Board under
Section 14-135.08 for fiscal year |
2004 in order to meet the State's
obligation under this |
Section. The System shall compare this amount
due to the amount |
received by the System in fiscal year 2004 through
payments |
under this Section and under Section 6z-61 of the State Finance |
|
Act.
If the amount
due is more than the amount received, the |
difference shall be termed the
"Fiscal Year 2004 Shortfall" for |
purposes of this Section, and the
Fiscal Year 2004 Shortfall |
shall be satisfied under Section 1.2 of the State
Pension Funds |
Continuing Appropriation Act. If the amount due is less than |
the
amount received, the
difference shall be termed the "Fiscal |
Year 2004 Overpayment" for purposes of
this Section, and the |
Fiscal Year 2004 Overpayment shall be repaid by
the System to |
the Pension Contribution Fund as soon as practicable
after the |
certification.
|
(g) For purposes of determining the required State |
contribution to the System, the value of the System's assets |
shall be equal to the actuarial value of the System's assets, |
which shall be calculated as follows: |
As of June 30, 2008, the actuarial value of the System's |
assets shall be equal to the market value of the assets as of |
that date. In determining the actuarial value of the System's |
assets for fiscal years after June 30, 2008, any actuarial |
gains or losses from investment return incurred in a fiscal |
year shall be recognized in equal annual amounts over the |
5-year period following that fiscal year. |
(h) For purposes of determining the required State |
contribution to the System for a particular year, the actuarial |
value of assets shall be assumed to earn a rate of return equal |
to the System's actuarially assumed rate of return. |
(i) After the submission of all payments for eligible |
|
employees from personal services line items paid from the |
General Revenue Fund in fiscal year 2010 have been made, the |
Comptroller shall provide to the System a certification of the |
sum of all fiscal year 2010 expenditures for personal services |
that would have been covered by payments to the System under |
this Section if the provisions of this amendatory Act of the |
96th General Assembly had not been enacted. Upon receipt of the |
certification, the System shall determine the amount due to the |
System based on the full rate certified by the Board under |
Section 14-135.08 for fiscal year 2010 in order to meet the |
State's obligation under this Section. The System shall compare |
this amount due to the amount received by the System in fiscal |
year 2010 through payments under this Section. If the amount |
due is more than the amount received, the difference shall be |
termed the "Fiscal Year 2010 Shortfall" for purposes of this |
Section, and the Fiscal Year 2010 Shortfall shall be satisfied |
under Section 1.2 of the State Pension Funds Continuing |
Appropriation Act. If the amount due is less than the amount |
received, the difference shall be termed the "Fiscal Year 2010 |
Overpayment" for purposes of this Section, and the Fiscal Year |
2010 Overpayment shall be repaid by the System to the General |
Revenue Fund as soon as practicable after the certification. |
(j) After the submission of all payments for eligible |
employees from personal services line items paid from the |
General Revenue Fund in fiscal year 2011 have been made, the |
Comptroller shall provide to the System a certification of the |
|
sum of all fiscal year 2011 expenditures for personal services |
that would have been covered by payments to the System under |
this Section if the provisions of this amendatory Act of the |
96th General Assembly had not been enacted. Upon receipt of the |
certification, the System shall determine the amount due to the |
System based on the full rate certified by the Board under |
Section 14-135.08 for fiscal year 2011 in order to meet the |
State's obligation under this Section. The System shall compare |
this amount due to the amount received by the System in fiscal |
year 2011 through payments under this Section. If the amount |
due is more than the amount received, the difference shall be |
termed the "Fiscal Year 2011 Shortfall" for purposes of this |
Section, and the Fiscal Year 2011 Shortfall shall be satisfied |
under Section 1.2 of the State Pension Funds Continuing |
Appropriation Act. If the amount due is less than the amount |
received, the difference shall be termed the "Fiscal Year 2011 |
Overpayment" for purposes of this Section, and the Fiscal Year |
2011 Overpayment shall be repaid by the System to the General |
Revenue Fund as soon as practicable after the certification. |
(k) For fiscal years 2012 through 2015 2014 only, after the |
submission of all payments for eligible employees from personal |
services line items paid from the General Revenue Fund in the |
fiscal year have been made, the Comptroller shall provide to |
the System a certification of the sum of all expenditures in |
the fiscal year for personal services. Upon receipt of the |
certification, the System shall determine the amount due to the |
|
System based on the full rate certified by the Board under |
Section 14-135.08 for the fiscal year in order to meet the |
State's obligation under this Section. The System shall compare |
this amount due to the amount received by the System for the |
fiscal year. If the amount due is more than the amount |
received, the difference shall be termed the "Prior Fiscal Year |
Shortfall" for purposes of this Section, and the Prior Fiscal |
Year Shortfall shall be satisfied under Section 1.2 of the |
State Pension Funds Continuing Appropriation Act. If the amount |
due is less than the amount received, the difference shall be |
termed the "Prior Fiscal Year Overpayment" for purposes of this |
Section, and the Prior Fiscal Year Overpayment shall be repaid |
by the System to the General Revenue Fund as soon as |
practicable after the certification. |
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
eff. 6-19-13; 98-599, eff. 6-1-14.)
|
Section 25-15. The State Pension Funds Continuing |
Appropriation Act is amended by changing Section 1.2 as |
follows:
|
(40 ILCS 15/1.2)
|
Sec. 1.2. Appropriations for the State Employees' |
Retirement System.
|
(a) From each fund from which an amount is appropriated for |
personal
services to a department or other employer under |
|
Article 14 of the Illinois
Pension Code, there is hereby |
appropriated to that department or other
employer, on a |
continuing annual basis for each State fiscal year, an
|
additional amount equal to the amount, if any, by which (1) an |
amount equal
to the percentage of the personal services line |
item for that department or
employer from that fund for that |
fiscal year that the Board of Trustees of
the State Employees' |
Retirement System of Illinois has certified under Section
|
14-135.08 of the Illinois Pension Code to be necessary to meet |
the State's
obligation under Section 14-131 of the Illinois |
Pension Code for that fiscal
year, exceeds (2) the amounts |
otherwise appropriated to that department or
employer from that |
fund for State contributions to the State Employees'
Retirement |
System for that fiscal year.
From the effective
date of this |
amendatory Act of the 93rd General Assembly
through the final |
payment from a department or employer's
personal services line |
item for fiscal year 2004, payments to
the State Employees' |
Retirement System that otherwise would
have been made under |
this subsection (a) shall be governed by
the provisions in |
subsection (a-1).
|
(a-1) If a Fiscal Year 2004 Shortfall is certified under |
subsection (f) of
Section 14-131 of the Illinois Pension Code, |
there is hereby appropriated
to the State Employees' Retirement |
System of Illinois on a
continuing basis from the General |
Revenue Fund an additional
aggregate amount equal to the Fiscal |
Year 2004 Shortfall.
|
|
(a-2) If a Fiscal Year 2010 Shortfall is certified under |
subsection (i) (g) of Section 14-131 of the Illinois Pension |
Code, there is hereby appropriated to the State Employees' |
Retirement System of Illinois on a continuing basis from the |
General Revenue Fund an additional aggregate amount equal to |
the Fiscal Year 2010 Shortfall. |
(b) The continuing appropriations provided for by this |
Section shall first
be available in State fiscal year 1996.
|
(c) Beginning in Fiscal Year 2005, any continuing |
appropriation under this Section arising out of an |
appropriation for personal services from the Road Fund to the |
Department of State Police or the Secretary of State shall be |
payable from the General Revenue Fund rather than the Road |
Fund.
|
(d) For State fiscal year 2010 only, a continuing |
appropriation is provided to the State Employees' Retirement |
System equal to the amount certified by the System on or before |
December 31, 2008, less the gross proceeds of the bonds sold in |
fiscal year 2010 under the authorization contained in |
subsection (a) of Section 7.2 of the General Obligation Bond |
Act. |
(e) For State fiscal year 2011 only, the continuing |
appropriation under this Section provided to the State |
Employees' Retirement System is limited to an amount equal to |
the amount certified by the System on or before December 31, |
2009, less any amounts received pursuant to subsection (a-3) of |
|
Section 14.1 of the State Finance Act. |
(f) For State fiscal year 2011 only, a continuing
|
appropriation is provided to the State Employees' Retirement
|
System equal to the amount certified by the System on or before
|
April 1, 2011, less the gross proceeds of the bonds sold in
|
fiscal year 2011 under the authorization contained in
|
subsection (a) of Section 7.2 of the General Obligation Bond
|
Act. |
(Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; 96-958, |
eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11; |
96-1511, eff. 1-27-11; 97-813, eff. 7-13-12.)
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Section 25-20. The Uniform Disposition of Unclaimed |
Property Act is amended by changing Section 18 as follows:
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(765 ILCS 1025/18) (from Ch. 141, par. 118)
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Sec. 18. Deposit of funds received under the Act.
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(a) The State Treasurer shall retain all funds received |
under this Act,
including the proceeds from
the sale of |
abandoned property under Section 17, in a trust fund. The State |
Treasurer may deposit any amount in the Trust Fund into the |
State Pensions Fund during the fiscal year at his or her |
discretion; however, he or she shall,
on April 15 and October |
15 of each year, deposit any amount in the trust fund
exceeding |
$2,500,000 into the State Pensions Fund. If on either April 15 |
or October 15, the State Treasurer determines that a balance of |
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$2,500,000 is insufficient for the prompt payment of unclaimed |
property claims authorized under this Act, the Treasurer may |
retain more than $2,500,000 in the Unclaimed Property Trust |
Fund in order to ensure the prompt payment of claims. Beginning |
in State fiscal year 2016 2015 , all amounts that are deposited |
into the State Pensions Fund from the Unclaimed Property Trust |
Fund shall be apportioned to the designated retirement systems |
as provided in subsection (c-6) of Section 8.12 of the State |
Finance Act to reduce their actuarial reserve deficiencies. He |
or she shall make prompt payment of claims he or she
duly |
allows as provided for in this Act for the trust fund.
Before |
making the deposit the State Treasurer
shall record the name |
and last known address of each person appearing from the
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holders' reports to be entitled to the abandoned property. The |
record shall be
available for public inspection during |
reasonable business
hours.
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(b) Before making any deposit to the credit of the State |
Pensions Fund,
the State Treasurer may deduct: (1) any costs in |
connection with sale of
abandoned property, (2) any costs of |
mailing and publication in connection with
any abandoned |
property, and (3) any costs in connection with the maintenance |
of
records or disposition of claims made pursuant to this Act. |
The State
Treasurer shall semiannually file an itemized report |
of all such expenses with
the Legislative Audit Commission.
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(Source: P.A. 97-732, eff. 6-30-12; 98-19, eff. 6-10-13; 98-24, |
eff. 6-19-13; revised 9-24-13.)
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ARTICLE 90. GENERAL PROVISIONS |
Section 90-95. No acceleration or delay. Where this Act |
makes changes in a statute that is represented in this Act by |
text that is not yet or no longer in effect (for example, a |
Section represented by multiple versions), the use of that text |
does not accelerate or delay the taking effect of (i) the |
changes made by this Act or (ii) provisions derived from any |
other Public Act. |
Section 90-97. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes. |
Section 90-99. Effective date. This Act takes effect upon |
becoming law. |