Rep. Gary Hannig
Filed: 5/2/2006
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1 | AMENDMENT TO SENATE BILL 1977
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2 | AMENDMENT NO. ______. Amend Senate Bill 1977, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "ARTICLE 1. SHORT TITLE; PURPOSE | ||||||
6 | Section 1-1. Short title. This Act may be cited as the | ||||||
7 | FY2007 Budget
Implementation (Finance) Act. | ||||||
8 | Section 1-3. Purpose. The purpose of this Act is to make | ||||||
9 | changes
in State programs that are necessary to implement the | ||||||
10 | Governor's FY2007
budget recommendations concerning finance.
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11 | ARTICLE 5. AMENDATORY PROVISIONS | ||||||
12 | Section 5-5. The State Employees Group Insurance Act of | ||||||
13 | 1971 is amended by changing Sections 6.10, 10, and 13.1 as | ||||||
14 | follows:
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15 | (5 ILCS 375/6.10)
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16 | Sec. 6.10. Contributions to the Community College Health | ||||||
17 | Insurance
Security Fund.
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18 | (a) Beginning January 1, 1999, every active contributor of | ||||||
19 | the State
Universities Retirement System (established under | ||||||
20 | Article 15 of the Illinois
Pension Code) who (1) is a full-time |
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1 | employee of a community college district
(other than a | ||||||
2 | community college district subject to Article VII of the Public
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3 | Community College Act)
or an association of community college | ||||||
4 | boards and (2) is not an employee as
defined in Section 3 of | ||||||
5 | this Act shall make contributions toward the cost of
community | ||||||
6 | college annuitant and survivor health benefits at the rate of | ||||||
7 | 0.50%
of salary.
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8 | These contributions shall be deducted by the employer and | ||||||
9 | paid to the State
Universities Retirement System as service | ||||||
10 | agent for the Department of Central
Management Services. The | ||||||
11 | System may use the same processes for collecting the
| ||||||
12 | contributions required by this subsection that it uses to | ||||||
13 | collect the
contributions received from those employees under | ||||||
14 | Section 15-157 of the
Illinois Pension Code. An employer may | ||||||
15 | agree to pick up or pay the
contributions required under this | ||||||
16 | subsection on behalf of the employee;
such contributions shall | ||||||
17 | be deemed to have been paid by the employee.
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18 | The State Universities Retirement System shall promptly | ||||||
19 | deposit all moneys
collected under this subsection (a) into the | ||||||
20 | Community College Health Insurance
Security Fund created in | ||||||
21 | Section 6.9 of this Act. The moneys collected under
this | ||||||
22 | Section shall be used only for the purposes authorized in | ||||||
23 | Section 6.9 of
this Act and shall not be considered to be | ||||||
24 | assets of the State Universities
Retirement System. | ||||||
25 | Contributions made under this Section are not transferable
to | ||||||
26 | other pension funds or retirement systems and are not | ||||||
27 | refundable upon
termination of service.
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28 | (b) Beginning January 1, 1999, every community college | ||||||
29 | district
(other than a community college district subject to | ||||||
30 | Article VII of the Public
Community College Act) or association
| ||||||
31 | of community college boards that is an employer under the State | ||||||
32 | Universities
Retirement System shall contribute toward the | ||||||
33 | cost of the community college
health benefits provided under | ||||||
34 | Section 6.9 of this Act an amount equal to 0.50%
of the salary |
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| |||||||
1 | paid to its full-time employees who participate in the State
| ||||||
2 | Universities Retirement System and are not members as defined | ||||||
3 | in Section 3 of
this Act.
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4 | These contributions shall be paid by the employer to the | ||||||
5 | State Universities
Retirement System as service agent for the | ||||||
6 | Department of Central Management
Services. The System may use | ||||||
7 | the same processes for collecting the
contributions required by | ||||||
8 | this subsection that it uses to collect the
contributions | ||||||
9 | received from those employers under Section 15-155 of the
| ||||||
10 | Illinois Pension Code.
| ||||||
11 | The State Universities Retirement System shall promptly | ||||||
12 | deposit all moneys
collected under this subsection (b) into the | ||||||
13 | Community College Health Insurance
Security Fund created in | ||||||
14 | Section 6.9 of this Act. The moneys collected under
this | ||||||
15 | Section shall be used only for the purposes authorized in | ||||||
16 | Section 6.9 of
this Act and shall not be considered to be | ||||||
17 | assets of the State Universities
Retirement System. | ||||||
18 | Contributions made under this Section are not transferable
to | ||||||
19 | other pension funds or retirement systems and are not | ||||||
20 | refundable upon
termination of service.
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21 | (c) On or before November 15 of each year, the Board of | ||||||
22 | Trustees of the
State Universities Retirement System shall | ||||||
23 | certify to the Governor, the
Director of Central Management | ||||||
24 | Services, and the State
Comptroller its estimate of the total | ||||||
25 | amount of contributions to be paid under
subsection (a) of this | ||||||
26 | Section for the next fiscal year. Beginning in fiscal year | ||||||
27 | 2008, the amount certified shall be decreased or increased each | ||||||
28 | year by the amount that the actual active employee | ||||||
29 | contributions either fell short of or exceeded the estimate | ||||||
30 | used by the Board in making the certification for the previous | ||||||
31 | fiscal year. The State Universities Retirement System shall | ||||||
32 | calculate the amount of actual active employee contributions in | ||||||
33 | fiscal years 1999 through 2005. Based upon this calculation, | ||||||
34 | the fiscal year 2008 certification shall include an amount |
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1 | equal to the cumulative amount that the actual active employee | ||||||
2 | contributions either fell short of or exceeded the estimate | ||||||
3 | used by the Board in making the certification for those fiscal | ||||||
4 | years. The certification
shall include a detailed explanation | ||||||
5 | of the methods and information that the
Board relied upon in | ||||||
6 | preparing its estimate. As soon as possible after the
effective | ||||||
7 | date of this Section, the Board shall submit its estimate for | ||||||
8 | fiscal
year 1999.
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9 | (d) Beginning in fiscal year 1999, on the first day of each | ||||||
10 | month, or as
soon thereafter as may be practical, the State | ||||||
11 | Treasurer and the State
Comptroller shall transfer from the | ||||||
12 | General Revenue Fund to the Community
College Health Insurance | ||||||
13 | Security Fund 1/12 of the annual amount appropriated
for that | ||||||
14 | fiscal year to the State Comptroller for deposit into the | ||||||
15 | Community
College Health Insurance Security Fund under Section | ||||||
16 | 1.4 of the State Pension
Funds Continuing Appropriation Act.
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17 | (e) Except where otherwise specified in this Section, the | ||||||
18 | definitions
that apply to Article 15 of the Illinois Pension | ||||||
19 | Code apply to this Section.
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20 | (Source: P.A. 90-497, eff. 8-18-97; 91-887, eff. 7-6-00.)
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21 | (5 ILCS 375/10) (from Ch. 127, par. 530)
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22 | Sec. 10. Payments by State; premiums.
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23 | (a) The State shall pay the cost of basic non-contributory | ||||||
24 | group life
insurance and, subject to member paid contributions | ||||||
25 | set by the Department or
required by this Section, the basic | ||||||
26 | program of group health benefits on each
eligible member, | ||||||
27 | except a member, not otherwise
covered by this Act, who has | ||||||
28 | retired as a participating member under Article 2
of the | ||||||
29 | Illinois Pension Code but is ineligible for the retirement | ||||||
30 | annuity under
Section 2-119 of the Illinois Pension Code, and | ||||||
31 | part of each eligible member's
and retired member's premiums | ||||||
32 | for health insurance coverage for enrolled
dependents as | ||||||
33 | provided by Section 9. The State shall pay the cost of the |
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1 | basic
program of group health benefits only after benefits are | ||||||
2 | reduced by the amount
of benefits covered by Medicare for all | ||||||
3 | members and dependents
who are eligible for benefits under | ||||||
4 | Social Security or
the Railroad Retirement system or who had | ||||||
5 | sufficient Medicare-covered
government employment, except that | ||||||
6 | such reduction in benefits shall apply only
to those members | ||||||
7 | and dependents who (1) first become eligible
for such Medicare | ||||||
8 | coverage on or after July 1, 1992; or (2) are
Medicare-eligible | ||||||
9 | members or dependents of a local government unit which began
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10 | participation in the program on or after July 1, 1992; or (3) | ||||||
11 | remain eligible
for, but no longer receive Medicare coverage | ||||||
12 | which they had been receiving on
or after July 1, 1992. The | ||||||
13 | Department may determine the aggregate level of the
State's | ||||||
14 | contribution on the basis of actual cost of medical services | ||||||
15 | adjusted
for age, sex or geographic or other demographic | ||||||
16 | characteristics which affect
the costs of such programs.
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17 | The cost of participation in the basic program of group | ||||||
18 | health benefits
for the dependent or survivor of a living or | ||||||
19 | deceased retired employee who was
formerly employed by the | ||||||
20 | University of Illinois in the Cooperative Extension
Service and | ||||||
21 | would be an annuitant but for the fact that he or she was made
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22 | ineligible to participate in the State Universities Retirement | ||||||
23 | System by clause
(4) of subsection (a) of Section 15-107 of the | ||||||
24 | Illinois Pension Code shall not
be greater than the cost of | ||||||
25 | participation that would otherwise apply to that
dependent or | ||||||
26 | survivor if he or she were the dependent or survivor of an
| ||||||
27 | annuitant under the State Universities Retirement System.
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28 | (a-1) Beginning January 1, 1998, for each person who | ||||||
29 | becomes a new SERS
annuitant and participates in the basic | ||||||
30 | program of group health benefits, the
State shall contribute | ||||||
31 | toward the cost of the annuitant's
coverage under the basic | ||||||
32 | program of group health benefits an amount equal
to 5% of that | ||||||
33 | cost for each full year of creditable service upon which the
| ||||||
34 | annuitant's retirement annuity is based, up to a maximum of |
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1 | 100% for an
annuitant with 20 or more years of creditable | ||||||
2 | service.
The remainder of the cost of a new SERS annuitant's | ||||||
3 | coverage under the basic
program of group health benefits shall | ||||||
4 | be the responsibility of the
annuitant. In the case of a new | ||||||
5 | SERS annuitant who has elected to receive an alternative | ||||||
6 | retirement cancellation payment under Section 14-108.5 of the | ||||||
7 | Illinois Pension Code in lieu of an annuity, for the purposes | ||||||
8 | of this subsection the annuitant shall be deemed to be | ||||||
9 | receiving a retirement annuity based on the number of years of | ||||||
10 | creditable service that the annuitant had established at the | ||||||
11 | time of his or her termination of service under SERS.
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12 | (a-2) Beginning January 1, 1998, for each person who | ||||||
13 | becomes a new SERS
survivor and participates in the basic | ||||||
14 | program of group health benefits, the
State shall contribute | ||||||
15 | toward the cost of the survivor's
coverage under the basic | ||||||
16 | program of group health benefits an amount equal
to 5% of that | ||||||
17 | cost for each full year of the deceased employee's or deceased
| ||||||
18 | annuitant's creditable service in the State Employees' | ||||||
19 | Retirement System of
Illinois on the date of death, up to a | ||||||
20 | maximum of 100% for a survivor of an
employee or annuitant with | ||||||
21 | 20 or more years of creditable service. The
remainder of the | ||||||
22 | cost of the new SERS survivor's coverage under the basic
| ||||||
23 | program of group health benefits shall be the responsibility of | ||||||
24 | the survivor. In the case of a new SERS survivor who was the | ||||||
25 | dependent of an annuitant who elected to receive an alternative | ||||||
26 | retirement cancellation payment under Section 14-108.5 of the | ||||||
27 | Illinois Pension Code in lieu of an annuity, for the purposes | ||||||
28 | of this subsection the deceased annuitant's creditable service | ||||||
29 | shall be determined as of the date of termination of service | ||||||
30 | rather than the date of death.
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31 | (a-3) Beginning January 1, 1998, for each person who | ||||||
32 | becomes a new SURS
annuitant and participates in the basic | ||||||
33 | program of group health benefits, the
State shall contribute | ||||||
34 | toward the cost of the annuitant's
coverage under the basic |
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| |||||||
1 | program of group health benefits an amount equal
to 5% of that | ||||||
2 | cost for each full year of creditable service upon which the
| ||||||
3 | annuitant's retirement annuity is based, up to a maximum of | ||||||
4 | 100% for an
annuitant with 20 or more years of creditable | ||||||
5 | service.
The remainder of the cost of a new SURS annuitant's | ||||||
6 | coverage under the basic
program of group health benefits shall | ||||||
7 | be the responsibility of the
annuitant.
| ||||||
8 | (a-4) (Blank).
| ||||||
9 | (a-5) Beginning January 1, 1998, for each person who | ||||||
10 | becomes a new SURS
survivor and participates in the basic | ||||||
11 | program of group health benefits, the
State shall contribute | ||||||
12 | toward the cost of the survivor's coverage under the
basic | ||||||
13 | program of group health benefits an amount equal to 5% of that | ||||||
14 | cost for
each full year of the deceased employee's or deceased | ||||||
15 | annuitant's creditable
service in the State Universities | ||||||
16 | Retirement System on the date of death, up to
a maximum of 100% | ||||||
17 | for a survivor of an
employee or annuitant with 20 or more | ||||||
18 | years of creditable service. The
remainder of the cost of the | ||||||
19 | new SURS survivor's coverage under the basic
program of group | ||||||
20 | health benefits shall be the responsibility of the survivor.
| ||||||
21 | (a-6) Beginning July 1, 1998, for each person who becomes a | ||||||
22 | new TRS
State annuitant and participates in the basic program | ||||||
23 | of group health benefits,
the State shall contribute toward the | ||||||
24 | cost of the annuitant's coverage under
the basic program of | ||||||
25 | group health benefits an amount equal to 5% of that cost
for | ||||||
26 | each full year of creditable service
as a teacher as defined in | ||||||
27 | paragraph (2), (3), or (5) of Section 16-106 of the
Illinois | ||||||
28 | Pension Code
upon which the annuitant's retirement annuity is | ||||||
29 | based, up to a maximum of
100%;
except that
the State | ||||||
30 | contribution shall be 12.5% per year (rather than 5%) for each | ||||||
31 | full
year of creditable service as a regional superintendent or | ||||||
32 | assistant regional
superintendent of schools. The
remainder of | ||||||
33 | the cost of a new TRS State annuitant's coverage under the | ||||||
34 | basic
program of group health benefits shall be the |
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1 | responsibility of the
annuitant.
| ||||||
2 | (a-7) Beginning July 1, 1998, for each person who becomes a | ||||||
3 | new TRS
State survivor and participates in the basic program of | ||||||
4 | group health benefits,
the State shall contribute toward the | ||||||
5 | cost of the survivor's coverage under the
basic program of | ||||||
6 | group health benefits an amount equal to 5% of that cost for
| ||||||
7 | each full year of the deceased employee's or deceased | ||||||
8 | annuitant's creditable
service
as a teacher as defined in | ||||||
9 | paragraph (2), (3), or (5) of Section 16-106 of the
Illinois | ||||||
10 | Pension Code
on the date of death, up to a maximum of 100%;
| ||||||
11 | except that the State contribution shall be 12.5% per year | ||||||
12 | (rather than 5%) for
each full year of the deceased employee's | ||||||
13 | or deceased annuitant's creditable
service as a regional | ||||||
14 | superintendent or assistant regional superintendent of
| ||||||
15 | schools.
The remainder of
the cost of the new TRS State | ||||||
16 | survivor's coverage under the basic program of
group health | ||||||
17 | benefits shall be the responsibility of the survivor.
| ||||||
18 | (a-8) A new SERS annuitant, new SERS survivor, new SURS
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19 | annuitant, new SURS survivor, new TRS State
annuitant, or new | ||||||
20 | TRS State survivor may waive or terminate coverage in
the | ||||||
21 | program of group health benefits. Any such annuitant or | ||||||
22 | survivor
who has waived or terminated coverage may enroll or | ||||||
23 | re-enroll in the
program of group health benefits only during | ||||||
24 | the annual benefit choice period,
as determined by the | ||||||
25 | Director; except that in the event of termination of
coverage | ||||||
26 | due to nonpayment of premiums, the annuitant or survivor
may | ||||||
27 | not re-enroll in the program.
| ||||||
28 | (a-9) No later than May 1 of each calendar year, the | ||||||
29 | Director
of Central Management Services shall certify in | ||||||
30 | writing to the Executive
Secretary of the State Employees' | ||||||
31 | Retirement System of Illinois the amounts
of the Medicare | ||||||
32 | supplement health care premiums and the amounts of the
health | ||||||
33 | care premiums for all other retirees who are not Medicare | ||||||
34 | eligible.
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1 | A separate calculation of the premiums based upon the | ||||||
2 | actual cost of each
health care plan shall be so certified.
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3 | The Director of Central Management Services shall provide | ||||||
4 | to the
Executive Secretary of the State Employees' Retirement | ||||||
5 | System of
Illinois such information, statistics, and other data | ||||||
6 | as he or she
may require to review the premium amounts | ||||||
7 | certified by the Director
of Central Management Services.
| ||||||
8 | (b) State employees who become eligible for this program on | ||||||
9 | or after January
1, 1980 in positions normally requiring actual | ||||||
10 | performance of duty not less
than 1/2 of a normal work period | ||||||
11 | but not equal to that of a normal work period,
shall be given | ||||||
12 | the option of participating in the available program. If the
| ||||||
13 | employee elects coverage, the State shall contribute on behalf | ||||||
14 | of such employee
to the cost of the employee's benefit and any | ||||||
15 | applicable dependent supplement,
that sum which bears the same | ||||||
16 | percentage as that percentage of time the
employee regularly | ||||||
17 | works when compared to normal work period.
| ||||||
18 | (c) The basic non-contributory coverage from the basic | ||||||
19 | program of
group health benefits shall be continued for each | ||||||
20 | employee not in pay status or
on active service by reason of | ||||||
21 | (1) leave of absence due to illness or injury,
(2) authorized | ||||||
22 | educational leave of absence or sabbatical leave, or (3)
| ||||||
23 | military leave with pay and benefits. This coverage shall | ||||||
24 | continue until
expiration of authorized leave and return to | ||||||
25 | active service, but not to exceed
24 months for leaves under | ||||||
26 | item (1) or (2). This 24-month limitation and the
requirement | ||||||
27 | of returning to active service shall not apply to persons | ||||||
28 | receiving
ordinary or accidental disability benefits or | ||||||
29 | retirement benefits through the
appropriate State retirement | ||||||
30 | system or benefits under the Workers' Compensation
or | ||||||
31 | Occupational Disease Act.
| ||||||
32 | (d) The basic group life insurance coverage shall continue, | ||||||
33 | with
full State contribution, where such person is (1) absent | ||||||
34 | from active
service by reason of disability arising from any |
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| |||||||
1 | cause other than
self-inflicted, (2) on authorized educational | ||||||
2 | leave of absence or
sabbatical leave, or (3) on military leave | ||||||
3 | with pay and benefits.
| ||||||
4 | (e) Where the person is in non-pay status for a period in | ||||||
5 | excess of
30 days or on leave of absence, other than by reason | ||||||
6 | of disability,
educational or sabbatical leave, or military | ||||||
7 | leave with pay and benefits, such
person may continue coverage | ||||||
8 | only by making personal
payment equal to the amount normally | ||||||
9 | contributed by the State on such person's
behalf. Such payments | ||||||
10 | and coverage may be continued: (1) until such time as
the | ||||||
11 | person returns to a status eligible for coverage at State | ||||||
12 | expense, but not
to exceed 24 months, (2) until such person's | ||||||
13 | employment or annuitant status
with the State is terminated, or | ||||||
14 | (3) for a maximum period of 4 years for
members on military | ||||||
15 | leave with pay and benefits and military leave without pay
and | ||||||
16 | benefits (exclusive of any additional service imposed pursuant | ||||||
17 | to law).
| ||||||
18 | (f) The Department shall establish by rule the extent to | ||||||
19 | which other
employee benefits will continue for persons in | ||||||
20 | non-pay status or who are
not in active service.
| ||||||
21 | (g) The State shall not pay the cost of the basic | ||||||
22 | non-contributory
group life insurance, program of health | ||||||
23 | benefits and other employee benefits
for members who are | ||||||
24 | survivors as defined by paragraphs (1) and (2) of
subsection | ||||||
25 | (q) of Section 3 of this Act. The costs of benefits for these
| ||||||
26 | survivors shall be paid by the survivors or by the University | ||||||
27 | of Illinois
Cooperative Extension Service, or any combination | ||||||
28 | thereof.
However, the State shall pay the amount of the | ||||||
29 | reduction in the cost of
participation, if any, resulting from | ||||||
30 | the amendment to subsection (a) made
by this amendatory Act of | ||||||
31 | the 91st General Assembly.
| ||||||
32 | (h) Those persons occupying positions with any department | ||||||
33 | as a result
of emergency appointments pursuant to Section 8b.8 | ||||||
34 | of the Personnel Code
who are not considered employees under |
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| |||||||
1 | this Act shall be given the option
of participating in the | ||||||
2 | programs of group life insurance, health benefits and
other | ||||||
3 | employee benefits. Such persons electing coverage may | ||||||
4 | participate only
by making payment equal to the amount normally | ||||||
5 | contributed by the State for
similarly situated employees. Such | ||||||
6 | amounts shall be determined by the
Director. Such payments and | ||||||
7 | coverage may be continued until such time as the
person becomes | ||||||
8 | an employee pursuant to this Act or such person's appointment | ||||||
9 | is
terminated.
| ||||||
10 | (i) Any unit of local government within the State of | ||||||
11 | Illinois
may apply to the Director to have its employees, | ||||||
12 | annuitants, and their
dependents provided group health | ||||||
13 | coverage under this Act on a non-insured
basis. To participate, | ||||||
14 | a unit of local government must agree to enroll
all of its | ||||||
15 | employees, who may select coverage under either the State group
| ||||||
16 | health benefits plan or a health maintenance organization that | ||||||
17 | has
contracted with the State to be available as a health care | ||||||
18 | provider for
employees as defined in this Act. A unit of local | ||||||
19 | government must remit the
entire cost of providing coverage | ||||||
20 | under the State group health benefits plan
or, for coverage | ||||||
21 | under a health maintenance organization, an amount determined
| ||||||
22 | by the Director based on an analysis of the sex, age, | ||||||
23 | geographic location, or
other relevant demographic variables | ||||||
24 | for its employees, except that the unit of
local government | ||||||
25 | shall not be required to enroll those of its employees who are
| ||||||
26 | covered spouses or dependents under this plan or another group | ||||||
27 | policy or plan
providing health benefits as long as (1) an | ||||||
28 | appropriate official from the unit
of local government attests | ||||||
29 | that each employee not enrolled is a covered spouse
or | ||||||
30 | dependent under this plan or another group policy or plan, and | ||||||
31 | (2) at least
85% of the employees are enrolled and the unit of | ||||||
32 | local government remits
the entire cost of providing coverage | ||||||
33 | to those employees, except that a
participating school district | ||||||
34 | must have enrolled at least 85% of its full-time
employees who |
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| |||||||
1 | have not waived coverage under the district's group health
plan | ||||||
2 | by participating in a component of the district's cafeteria | ||||||
3 | plan. A
participating school district is not required to enroll | ||||||
4 | a full-time employee
who has waived coverage under the | ||||||
5 | district's health plan, provided that an
appropriate official | ||||||
6 | from the participating school district attests that the
| ||||||
7 | full-time employee has waived coverage by participating in a | ||||||
8 | component of the
district's cafeteria plan. For the purposes of | ||||||
9 | this subsection, "participating
school district" includes a | ||||||
10 | unit of local government whose primary purpose is
education as | ||||||
11 | defined by the Department's rules.
| ||||||
12 | Employees of a participating unit of local government who | ||||||
13 | are not enrolled
due to coverage under another group health | ||||||
14 | policy or plan may enroll in
the event of a qualifying change | ||||||
15 | in status, special enrollment, special
circumstance as defined | ||||||
16 | by the Director, or during the annual Benefit Choice
Period. A | ||||||
17 | participating unit of local government may also elect to cover | ||||||
18 | its
annuitants. Dependent coverage shall be offered on an | ||||||
19 | optional basis, with the
costs paid by the unit of local | ||||||
20 | government, its employees, or some combination
of the two as | ||||||
21 | determined by the unit of local government. The unit of local
| ||||||
22 | government shall be responsible for timely collection and | ||||||
23 | transmission of
dependent premiums.
| ||||||
24 | The Director shall annually determine monthly rates of | ||||||
25 | payment, subject
to the following constraints:
| ||||||
26 | (1) In the first year of coverage, the rates shall be | ||||||
27 | equal to the
amount normally charged to State employees for | ||||||
28 | elected optional coverages
or for enrolled dependents | ||||||
29 | coverages or other contributory coverages, or
contributed | ||||||
30 | by the State for basic insurance coverages on behalf of its
| ||||||
31 | employees, adjusted for differences between State | ||||||
32 | employees and employees
of the local government in age, | ||||||
33 | sex, geographic location or other relevant
demographic | ||||||
34 | variables, plus an amount sufficient to pay for the |
| |||||||
| |||||||
1 | additional
administrative costs of providing coverage to | ||||||
2 | employees of the unit of
local government and their | ||||||
3 | dependents.
| ||||||
4 | (2) In subsequent years, a further adjustment shall be | ||||||
5 | made to reflect
the actual prior years' claims experience | ||||||
6 | of the employees of the unit of
local government.
| ||||||
7 | In the case of coverage of local government employees under | ||||||
8 | a health
maintenance organization, the Director shall annually | ||||||
9 | determine for each
participating unit of local government the | ||||||
10 | maximum monthly amount the unit
may contribute toward that | ||||||
11 | coverage, based on an analysis of (i) the age,
sex, geographic | ||||||
12 | location, and other relevant demographic variables of the
| ||||||
13 | unit's employees and (ii) the cost to cover those employees | ||||||
14 | under the State
group health benefits plan. The Director may | ||||||
15 | similarly determine the
maximum monthly amount each unit of | ||||||
16 | local government may contribute toward
coverage of its | ||||||
17 | employees' dependents under a health maintenance organization.
| ||||||
18 | Monthly payments by the unit of local government or its | ||||||
19 | employees for
group health benefits plan or health maintenance | ||||||
20 | organization coverage shall
be deposited in the Local | ||||||
21 | Government Health Insurance Reserve Fund.
| ||||||
22 | The Local Government Health Insurance Reserve Fund shall be | ||||||
23 | a continuing
fund not subject to fiscal year limitations. All | ||||||
24 | revenues arising from the administration of the health benefits | ||||||
25 | program established under this Section shall be deposited into | ||||||
26 | the Local Government Health Insurance Reserve Fund. All | ||||||
27 | expenditures from this Fund
shall be used for payments for | ||||||
28 | health care benefits for local government and rehabilitation | ||||||
29 | facility
employees, annuitants, and dependents, and to | ||||||
30 | reimburse the Department or
its administrative service | ||||||
31 | organization for all expenses incurred in the
administration of | ||||||
32 | benefits. No other State funds may be used for these
purposes.
| ||||||
33 | A local government employer's participation or desire to | ||||||
34 | participate
in a program created under this subsection shall |
| |||||||
| |||||||
1 | not limit that employer's
duty to bargain with the | ||||||
2 | representative of any collective bargaining unit
of its | ||||||
3 | employees.
| ||||||
4 | (j) Any rehabilitation facility within the State of | ||||||
5 | Illinois may apply
to the Director to have its employees, | ||||||
6 | annuitants, and their eligible
dependents provided group | ||||||
7 | health coverage under this Act on a non-insured
basis. To | ||||||
8 | participate, a rehabilitation facility must agree to enroll all
| ||||||
9 | of its employees and remit the entire cost of providing such | ||||||
10 | coverage for
its employees, except that the rehabilitation | ||||||
11 | facility shall not be
required to enroll those of its employees | ||||||
12 | who are covered spouses or
dependents under this plan or | ||||||
13 | another group policy or plan providing health
benefits as long | ||||||
14 | as (1) an appropriate official from the rehabilitation
facility | ||||||
15 | attests that each employee not enrolled is a covered spouse or
| ||||||
16 | dependent under this plan or another group policy or plan, and | ||||||
17 | (2) at least
85% of the employees are enrolled and the | ||||||
18 | rehabilitation facility remits
the entire cost of providing | ||||||
19 | coverage to those employees. Employees of a
participating | ||||||
20 | rehabilitation facility who are not enrolled due to coverage
| ||||||
21 | under another group health policy or plan may enroll
in the | ||||||
22 | event of a qualifying change in status, special enrollment, | ||||||
23 | special
circumstance as defined by the Director, or during the | ||||||
24 | annual Benefit Choice
Period. A participating rehabilitation | ||||||
25 | facility may also elect
to cover its annuitants. Dependent | ||||||
26 | coverage shall be offered on an optional
basis, with the costs | ||||||
27 | paid by the rehabilitation facility, its employees, or
some | ||||||
28 | combination of the 2 as determined by the rehabilitation | ||||||
29 | facility. The
rehabilitation facility shall be responsible for | ||||||
30 | timely collection and
transmission of dependent premiums.
| ||||||
31 | The Director shall annually determine quarterly rates of | ||||||
32 | payment, subject
to the following constraints:
| ||||||
33 | (1) In the first year of coverage, the rates shall be | ||||||
34 | equal to the amount
normally charged to State employees for |
| |||||||
| |||||||
1 | elected optional coverages or for
enrolled dependents | ||||||
2 | coverages or other contributory coverages on behalf of
its | ||||||
3 | employees, adjusted for differences between State | ||||||
4 | employees and
employees of the rehabilitation facility in | ||||||
5 | age, sex, geographic location
or other relevant | ||||||
6 | demographic variables, plus an amount sufficient to pay
for | ||||||
7 | the additional administrative costs of providing coverage | ||||||
8 | to employees
of the rehabilitation facility and their | ||||||
9 | dependents.
| ||||||
10 | (2) In subsequent years, a further adjustment shall be | ||||||
11 | made to reflect
the actual prior years' claims experience | ||||||
12 | of the employees of the
rehabilitation facility.
| ||||||
13 | Monthly payments by the rehabilitation facility or its | ||||||
14 | employees for
group health benefits shall be deposited in the | ||||||
15 | Local Government Health
Insurance Reserve Fund.
| ||||||
16 | (k) Any domestic violence shelter or service within the | ||||||
17 | State of Illinois
may apply to the Director to have its | ||||||
18 | employees, annuitants, and their
dependents provided group | ||||||
19 | health coverage under this Act on a non-insured
basis. To | ||||||
20 | participate, a domestic violence shelter or service must agree | ||||||
21 | to
enroll all of its employees and pay the entire cost of | ||||||
22 | providing such coverage
for its employees. A participating | ||||||
23 | domestic violence shelter may also elect
to cover its | ||||||
24 | annuitants. Dependent coverage shall be offered on an optional
| ||||||
25 | basis, with
employees, or some combination of the 2 as | ||||||
26 | determined by the domestic violence
shelter or service. The | ||||||
27 | domestic violence shelter or service shall be
responsible for | ||||||
28 | timely collection and transmission of dependent premiums.
| ||||||
29 | The Director shall annually determine rates of payment,
| ||||||
30 | subject to the following constraints:
| ||||||
31 | (1) In the first year of coverage, the rates shall be | ||||||
32 | equal to the
amount normally charged to State employees for | ||||||
33 | elected optional coverages
or for enrolled dependents | ||||||
34 | coverages or other contributory coverages on
behalf of its |
| |||||||
| |||||||
1 | employees, adjusted for differences between State | ||||||
2 | employees and
employees of the domestic violence shelter or | ||||||
3 | service in age, sex, geographic
location or other relevant | ||||||
4 | demographic variables, plus an amount sufficient
to pay for | ||||||
5 | the additional administrative costs of providing coverage | ||||||
6 | to
employees of the domestic violence shelter or service | ||||||
7 | and their dependents.
| ||||||
8 | (2) In subsequent years, a further adjustment shall be | ||||||
9 | made to reflect
the actual prior years' claims experience | ||||||
10 | of the employees of the domestic
violence shelter or | ||||||
11 | service.
| ||||||
12 | Monthly payments by the domestic violence shelter or | ||||||
13 | service or its employees
for group health insurance shall be | ||||||
14 | deposited in the Local Government Health
Insurance Reserve | ||||||
15 | Fund.
| ||||||
16 | (l) A public community college or entity organized pursuant | ||||||
17 | to the
Public Community College Act may apply to the Director | ||||||
18 | initially to have
only annuitants not covered prior to July 1, | ||||||
19 | 1992 by the district's health
plan provided health coverage | ||||||
20 | under this Act on a non-insured basis. The
community college | ||||||
21 | must execute a 2-year contract to participate in the
Local | ||||||
22 | Government Health Plan.
Any annuitant may enroll in the event | ||||||
23 | of a qualifying change in status, special
enrollment, special | ||||||
24 | circumstance as defined by the Director, or during the
annual | ||||||
25 | Benefit Choice Period.
| ||||||
26 | The Director shall annually determine monthly rates of | ||||||
27 | payment subject to
the following constraints: for those | ||||||
28 | community colleges with annuitants
only enrolled, first year | ||||||
29 | rates shall be equal to the average cost to cover
claims for a | ||||||
30 | State member adjusted for demographics, Medicare
| ||||||
31 | participation, and other factors; and in the second year, a | ||||||
32 | further adjustment
of rates shall be made to reflect the actual | ||||||
33 | first year's claims experience
of the covered annuitants.
| ||||||
34 | (l-5) The provisions of subsection (l) become inoperative |
| |||||||
| |||||||
1 | on July 1, 1999.
| ||||||
2 | (m) The Director shall adopt any rules deemed necessary for
| ||||||
3 | implementation of this amendatory Act of 1989 (Public Act | ||||||
4 | 86-978).
| ||||||
5 | (Source: P.A. 92-16, eff. 6-28-01; 93-839, eff. 7-30-04.)
| ||||||
6 | (5 ILCS 375/13.1) (from Ch. 127, par. 533.1)
| ||||||
7 | Sec. 13.1. (a) All contributions, appropriations, | ||||||
8 | interest, and dividend
payments to fund the program of health | ||||||
9 | benefits and other employee benefits , and all other revenues | ||||||
10 | arising from the administration of any employee health benefits | ||||||
11 | program,
shall be deposited in a trust fund outside the State | ||||||
12 | Treasury, with the State
Treasurer as ex-officio custodian, to | ||||||
13 | be known as the Health Insurance Reserve
Fund.
| ||||||
14 | (b) Upon the adoption of a self-insurance health plan, any | ||||||
15 | monies
attributable to the group health insurance program shall | ||||||
16 | be deposited in or
transferred to the Health Insurance Reserve | ||||||
17 | Fund for use by the Department.
As of the effective date of | ||||||
18 | this amendatory Act of 1986, the Department
shall certify to | ||||||
19 | the Comptroller the amount of money in the Group Insurance
| ||||||
20 | Premium Fund attributable to the State group health insurance | ||||||
21 | program and the
Comptroller shall transfer such money from the | ||||||
22 | Group Insurance Premium Fund
to the Health Insurance Reserve | ||||||
23 | Fund. Contributions by the State to the
Health Insurance | ||||||
24 | Reserve Fund to meet the requirements of this Act, as
| ||||||
25 | established by the Director, from the General Revenue Fund and | ||||||
26 | the Road
Fund to the Health Insurance Reserve Fund shall be by | ||||||
27 | annual
appropriations, and all other contributions to meet the | ||||||
28 | requirements of the
programs of health benefits or other | ||||||
29 | employee benefits shall be deposited
in the Health Insurance | ||||||
30 | Reserve Fund. The Department shall draw the
appropriation from | ||||||
31 | the General Revenue Fund and the Road Fund from time to
time as | ||||||
32 | necessary to make expenditures authorized under this Act.
| ||||||
33 | The Director may employ such assistance and services and |
| |||||||
| |||||||
1 | may purchase
such goods as may be necessary for the proper | ||||||
2 | development and
administration of any of the benefit programs | ||||||
3 | authorized by this Act. The
Director may promulgate rules and | ||||||
4 | regulations in regard to the
administration of these programs.
| ||||||
5 | All monies received by the Department for deposit in or | ||||||
6 | transfer to the
Health Insurance Reserve Fund, through | ||||||
7 | appropriation or otherwise, shall be
used to provide for the | ||||||
8 | making of payments to claimants and providers and
to reimburse | ||||||
9 | the Department for all expenses directly incurred relating to
| ||||||
10 | Department development and administration of the program of | ||||||
11 | health benefits
and other employee benefits.
| ||||||
12 | Any administrative service organization administering any | ||||||
13 | self-insurance
health plan and paying claims and benefits under | ||||||
14 | authority of this Act may
receive, pursuant to written | ||||||
15 | authorization and direction of the Director,
an initial | ||||||
16 | transfer and periodic transfers of funds from the Health
| ||||||
17 | Insurance Reserve Fund in amounts determined by the Director | ||||||
18 | who may
consider the amount recommended by the administrative | ||||||
19 | service organization.
Notwithstanding any other statute, such | ||||||
20 | transferred funds shall be
retained by the administrative | ||||||
21 | service organization in a separate
account provided by any bank | ||||||
22 | as defined by the Illinois Banking
Act. The Department may | ||||||
23 | promulgate regulations further defining the banks
authorized | ||||||
24 | to accept such funds and all methodology for transfer of such
| ||||||
25 | funds. Any interest earned by monies in such
account shall | ||||||
26 | inure to the Health Insurance Reserve Fund, shall remain
in | ||||||
27 | such account and shall be used exclusively to pay claims and | ||||||
28 | benefits
under this Act. Such transferred funds shall be used | ||||||
29 | exclusively for
administrative service organization payment of | ||||||
30 | claims to claimants and
providers under the self-insurance | ||||||
31 | health plan by the drawing of checks
against such account. The | ||||||
32 | administrative service organization may not use
such | ||||||
33 | transferred funds, or interest accrued thereon, for any other | ||||||
34 | purpose
including, but not limited to, reimbursement of |
| |||||||
| |||||||
1 | administrative expenses or
payments of administration fees due | ||||||
2 | the organization pursuant to its
contract or contracts with the | ||||||
3 | Department of Central Management Services.
| ||||||
4 | The account of the administrative service organization | ||||||
5 | established under
this Section, any transfers from the Health | ||||||
6 | Insurance Reserve Fund to
such account and the use of such | ||||||
7 | account and funds shall be subject
to (1) audit by the | ||||||
8 | Department or private contractor authorized by the
Department | ||||||
9 | to conduct audits, and (2) post audit pursuant to the
Illinois | ||||||
10 | State Auditing Act.
| ||||||
11 | (c) The Director, with the advice and consent of the | ||||||
12 | Commission, shall
establish premiums for optional coverage for | ||||||
13 | dependents of eligible members
for the health plans. The | ||||||
14 | eligible members
shall be responsible for their portion of such | ||||||
15 | optional
premium. The State shall
contribute an amount per | ||||||
16 | month for each eligible member who has
enrolled one or more | ||||||
17 | dependents under the health plans. Such contribution
shall be | ||||||
18 | made directly to the Health Insurance
Reserve Fund. Those | ||||||
19 | employees described in subsection (b) of Section 9 of this
Act | ||||||
20 | shall be allowed to continue in the health plan by
making | ||||||
21 | personal payments with the premiums to be deposited
in the | ||||||
22 | Health Insurance Reserve Fund.
| ||||||
23 | (d) The Health Insurance Reserve Fund shall be a continuing | ||||||
24 | fund not subject
to fiscal year limitations. All expenditures | ||||||
25 | from that fund shall be at
the direction of the Director and | ||||||
26 | shall be only for the purpose of:
| ||||||
27 | (1) the payment of administrative expenses incurred by | ||||||
28 | the Department
for the program of health benefits or other | ||||||
29 | employee benefit programs,
including but not limited to the | ||||||
30 | costs of audits or actuarial
consultations, professional | ||||||
31 | and contractual services, electronic data
processing | ||||||
32 | systems and services, and expenses in connection with the
| ||||||
33 | development and administration of such programs;
| ||||||
34 | (2) the payment of administrative expenses incurred by |
| |||||||
| |||||||
1 | the Administrative
Service Organization;
| ||||||
2 | (3) the payment of health benefits;
| ||||||
3 | (4) refunds to employees for erroneous payments of | ||||||
4 | their selected
dependent coverage;
| ||||||
5 | (5) payment of premium for stop-loss or re-insurance;
| ||||||
6 | (6) payment of premium to health maintenance | ||||||
7 | organizations pursuant to
Section 6.1 of this Act;
| ||||||
8 | (7) payment of adoption program benefits; and
| ||||||
9 | (8) payment of other benefits offered to members and | ||||||
10 | dependents under
this Act.
| ||||||
11 | (Source: P.A. 91-390, eff. 7-30-99.)
| ||||||
12 | Section 5-10. The Department of Commerce and Economic | ||||||
13 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
14 | amended by adding Section 605-812 as follows: | ||||||
15 | (20 ILCS 605/605-812 new)
| ||||||
16 | Sec. 605-812. Employment opportunities grant program. | ||||||
17 | (a) The Department shall administer a grant program to | ||||||
18 | expand employment opportunities for targeted populations in | ||||||
19 | eligible grant areas in Illinois. The goal of the program shall | ||||||
20 | be to expand the number of people in targeted populations who | ||||||
21 | enter and complete building trades apprenticeship programs and | ||||||
22 | achieve journey-level status within a building trades union. | ||||||
23 | (b) All successful grant applicants shall be required to | ||||||
24 | partner with a joint labor and management-sponsored | ||||||
25 | apprenticeship program or programs. All successful grant | ||||||
26 | applicants must provide participating individuals with paid | ||||||
27 | employment opportunities while participating in the program. | ||||||
28 | (c) The Department shall establish criteria for (i) | ||||||
29 | prioritizing grant requests from eligible grant applicants and | ||||||
30 | (ii) determining what project activities qualify for funding. | ||||||
31 | Entities eligible to apply for grant funding shall include: | ||||||
32 | community-based organizations and educational institutions. |
| |||||||
| |||||||
1 | These eligible entities shall have the following capabilities: | ||||||
2 | a demonstrated expertise in serving targeted populations; | ||||||
3 | knowledge of the construction industry; demonstrated success | ||||||
4 | in placing clients in employment; previous experience offering | ||||||
5 | employment services for targeted populations; and expertise in | ||||||
6 | preparing workers for employment in the building trades. | ||||||
7 | (d) The Department shall determine the targeted | ||||||
8 | populations to be served by the program. The Department shall | ||||||
9 | establish geographic boundaries of eligible grant areas. | ||||||
10 | (e) The Department shall require all successful grant | ||||||
11 | applicants to report quarterly on implementation of planned | ||||||
12 | activities and success in reaching key milestones. Successful | ||||||
13 | grant applicants must also maintain and report | ||||||
14 | individual-level information on types of services received and | ||||||
15 | resulting outcomes, including placement into specific | ||||||
16 | apprenticeship programs. | ||||||
17 | (f) The Department shall report to the Governor and the | ||||||
18 | General Assembly on December 31, 2007 and on December 31 of | ||||||
19 | each year thereafter as long as grant-funded activities are | ||||||
20 | provided on the activities undertaken by all successful grant | ||||||
21 | applicants. The report shall include an evaluation of those | ||||||
22 | activities and their success in assisting participating | ||||||
23 | individuals to enter and complete building trades | ||||||
24 | apprenticeship programs and achieve journey-level status.
| ||||||
25 | Section 5-15. The Renewable Energy, Energy Efficiency, and | ||||||
26 | Coal Resources
Development Law of 1997 is amended by changing | ||||||
27 | Section 6-4 as follows:
| ||||||
28 | (20 ILCS 687/6-4)
| ||||||
29 | (Section scheduled to be repealed on December 16, 2007)
| ||||||
30 | Sec. 6-4. Renewable Energy Resources Trust Fund.
| ||||||
31 | (a) A fund to be called the Renewable Energy Resources
| ||||||
32 | Trust Fund is hereby established in the State Treasury.
|
| |||||||
| |||||||
1 | (b) The Renewable Energy Resources Trust Fund shall be
| ||||||
2 | administered by the Department to provide grants, loans, and
| ||||||
3 | other incentives to foster investment in and the development
| ||||||
4 | and use of renewable energy resources as provided in Section
| ||||||
5 | 6-3 of this Law or pursuant to the Illinois Renewable Fuels | ||||||
6 | Development Program Act .
| ||||||
7 | (c) All funds used by the Department for the Renewable
| ||||||
8 | Energy Resources Program shall be subject to appropriation by
| ||||||
9 | the General Assembly.
| ||||||
10 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
11 | Section 5-20. The Illinois Renewable Fuels Development | ||||||
12 | Program Act is amended by changing Section 20 as follows: | ||||||
13 | (20 ILCS 689/20)
| ||||||
14 | Sec. 20. Grants. Subject to appropriation from the Build | ||||||
15 | Illinois Bond
Fund ,
the
Director is authorized to award grants | ||||||
16 | to eligible applicants. The annual
aggregate
amount of grants | ||||||
17 | awarded shall not exceed $20,000,000
$15,000,000 .
| ||||||
18 | (Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03.)
| ||||||
19 | Section 5-25. The Mental Health and Developmental | ||||||
20 | Disabilities Administrative Act is amended by changing Section | ||||||
21 | 18.4 as follows:
| ||||||
22 | (20 ILCS 1705/18.4)
| ||||||
23 | Sec. 18.4. Community Mental Health Medicaid Trust Fund; | ||||||
24 | reimbursement.
| ||||||
25 | (a) The Community Mental Health Medicaid Trust Fund is | ||||||
26 | hereby created
in the State Treasury.
| ||||||
27 | (b) Except as otherwise provided in this Section, effective | ||||||
28 | in the first fiscal year following repayment of interfund | ||||||
29 | transfers under subsection (b-1), amounts
the first | ||||||
30 | $73,000,000 paid to the State by the federal government under |
| |||||||
| |||||||
1 | Title XIX
or Title XXI of the Social Security Act for services | ||||||
2 | delivered by community
mental health services providers, and | ||||||
3 | any interest earned thereon, shall be
deposited as follows: | ||||||
4 | (1) The first $75,000,000 shall be deposited directly | ||||||
5 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
6 | used for the purchase of community mental health services; | ||||||
7 | (2) The next $4,500,000 shall be deposited directly | ||||||
8 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
9 | used by the Department of Human Services' Division of | ||||||
10 | Mental Health for the oversight and administration of | ||||||
11 | community mental health services and up to $1,000,000 of | ||||||
12 | this amount may be used for support of community mental | ||||||
13 | health service initiatives; and | ||||||
14 | (3) Any additional amounts shall be deposited 50% into | ||||||
15 | the Community Mental Health Medicaid Trust Fund to be used | ||||||
16 | for the purchase of community mental health services and | ||||||
17 | 50% into the General Revenue Fund.
directly into the | ||||||
18 | Community Mental Health Medicaid Trust Fund. The next | ||||||
19 | $25,000,000 shall be deposited into the General Revenue | ||||||
20 | Fund. Amounts received in excess of $98,000,000 in any | ||||||
21 | State fiscal year after fiscal year 2006 shall be deposited | ||||||
22 | 50% into the General Revenue Fund and 50% into the | ||||||
23 | Community Mental Health Medicaid Trust Fund. The | ||||||
24 | Department shall analyze the budgeting and programmatic | ||||||
25 | impact of this funding allocation and report to the | ||||||
26 | Governor and the General Assembly the results of this | ||||||
27 | analysis and any recommendations for change, no later than | ||||||
28 | December 31, 2005.
| ||||||
29 | (b-1) For State fiscal year 2005, the first $73,000,000 in | ||||||
30 | any funds paid to the State by the federal government under | ||||||
31 | Title XIX or Title XXI of the Social Security Act for services | ||||||
32 | delivered by community mental health services providers, and | ||||||
33 | any interest earned thereon, shall be deposited directly into | ||||||
34 | the Community Mental Health Medicaid Trust Fund before any |
| |||||||
| |||||||
1 | deposits are made into the General Revenue Fund. The next | ||||||
2 | $25,000,000, less any deposits made prior to the effective date | ||||||
3 | of this amendatory Act of the 94th General Assembly, shall be | ||||||
4 | deposited into the General Revenue Fund. Amounts received in | ||||||
5 | excess of $98,000,000 shall be deposited 50% into the General | ||||||
6 | Revenue Fund and 50% into the Community Mental Health Medicaid | ||||||
7 | Trust Fund. At the direction of the Director of Health Care and | ||||||
8 | Family Services
Public Aid , on April 1, 2005, or as soon | ||||||
9 | thereafter as practical, the Comptroller shall direct and the | ||||||
10 | State Treasurer shall transfer amounts not to exceed | ||||||
11 | $14,000,000 into the Community Mental Health Medicaid Trust | ||||||
12 | Fund from the Public Aid Recoveries Trust Fund. | ||||||
13 | (b-2) For State fiscal year 2006, and in subsequent fiscal | ||||||
14 | years until any transfers under subsection (b-1) are repaid, | ||||||
15 | the first $73,000,000 in any funds paid to the State by the | ||||||
16 | federal government under Title XIX or Title XXI of the Social | ||||||
17 | Security Act for services delivered by community mental health | ||||||
18 | services providers, and any interest earned thereon, shall be | ||||||
19 | deposited directly into the Community Mental Health Medicaid | ||||||
20 | Trust Fund. Then the next $14,000,000, or such amount as was | ||||||
21 | transferred under subsection (b-1) at the direction of the | ||||||
22 | Director of Health Care and Family Services
Public Aid , shall | ||||||
23 | be deposited into the Public Aid Recoveries Trust Fund. The | ||||||
24 | next $11,000,000 shall be deposited into the General Revenue | ||||||
25 | Fund. Any additional amounts received shall be deposited in | ||||||
26 | accordance with subsection (b)
50% into the General Revenue | ||||||
27 | Fund and 50% into the Community Mental Health Medicaid Trust | ||||||
28 | Fund .
| ||||||
29 | (c) The Department shall reimburse community mental health | ||||||
30 | services
providers for Medicaid-reimbursed mental health | ||||||
31 | services provided to eligible
individuals. Moneys in the | ||||||
32 | Community Mental Health Medicaid Trust Fund may be
used for | ||||||
33 | that purpose.
| ||||||
34 | (d) As used in this Section:
|
| |||||||
| |||||||
1 | "Medicaid-reimbursed mental health services" means | ||||||
2 | services provided by a
community mental health provider under | ||||||
3 | an agreement with the Department that
is eligible for | ||||||
4 | reimbursement under the federal Title XIX program or Title XXI
| ||||||
5 | program.
| ||||||
6 | " Community mental health provider
Provider " means a | ||||||
7 | community agency that is funded by the Department to
provide a | ||||||
8 | Medicaid-reimbursed service.
| ||||||
9 | " Service
Services " means a mental health service
services | ||||||
10 | provided pursuant to the provisions of administrative rules | ||||||
11 | adopted by the Department and funded by the Department of Human | ||||||
12 | Services' Division of Mental Health.
under one of the
following | ||||||
13 | programs:
| ||||||
14 | (1) Medicaid Clinic Option;
| ||||||
15 | (2) Medicaid Rehabilitation Option;
| ||||||
16 | (3) Targeted Case Management.
| ||||||
17 | (Source: P.A. 93-841, eff. 7-30-04; 94-58, eff. 6-17-05.)
| ||||||
18 | Section 5-35. The Illinois Global Partnership Act is | ||||||
19 | amended by changing Section 50 as follows: | ||||||
20 | (20 ILCS 3948/50)
| ||||||
21 | Sec. 50. Finances; audits; annual report. | ||||||
22 | (a) IGP may accept funds, grants, gifts, and services from | ||||||
23 | the government of the United States or its agencies, from this | ||||||
24 | State or its departments, agencies, or instrumentalities, from | ||||||
25 | any other governmental unit, and from private and civic sources | ||||||
26 | for the purpose of funding any projects authorized by this Act. | ||||||
27 | IGP may receive appropriations. | ||||||
28 | (b) Services of personnel, use of equipment and office | ||||||
29 | space, and other necessary services may be accepted from | ||||||
30 | members of the board as part of IGP's financial support. | ||||||
31 | (c) State funds appropriated for the operations and | ||||||
32 | functions of IGP for fiscal year 2011 and each fiscal year |
| |||||||
| |||||||
1 | thereafter should not exceed 60% of IGP's funding from all | ||||||
2 | sources for the fiscal year.
| ||||||
3 | (d) The board shall arrange for the annual financial audit | ||||||
4 | of IGP by one or more independent certified public accountants | ||||||
5 | in accordance with generally accepted accounting principles. | ||||||
6 | The annual audit results shall be included in the annual report | ||||||
7 | required under subsection (e).
| ||||||
8 | (e) IGP shall report annually on its activities and | ||||||
9 | finances to the Governor and the members of the General | ||||||
10 | Assembly.
| ||||||
11 | (f) Payments by the IGP to the Department of Agriculture as | ||||||
12 | reimbursement for employee costs as provided in Section 45 and | ||||||
13 | for proportionate lease payments for office space for employees | ||||||
14 | shall be deposited into the Agricultural Premium Fund.
| ||||||
15 | (Source: P.A. 94-388, eff. 7-29-05.) | ||||||
16 | Section 5-36. The I-FLY Act is amended by changing Sections | ||||||
17 | 10, 15, 20, and 25 as follows:
| ||||||
18 | (20 ILCS 3958/10)
| ||||||
19 | Sec. 10. Definitions. As used in this Act:
| ||||||
20 | "Air carrier" means an entity that provides commercial | ||||||
21 | passenger air
transportation.
| ||||||
22 | "Commission" means the Air Service Commission.
| ||||||
23 | "Department" means the Department of Transportation.
| ||||||
24 | (Source: P.A. 93-585, eff. 8-22-03.)
| ||||||
25 | (20 ILCS 3958/15)
| ||||||
26 | Sec. 15. I-FLY Fund.
| ||||||
27 | (a) The I-FLY Fund is created as a special fund in the | ||||||
28 | State
treasury. Moneys may be deposited into the Fund from: (1) | ||||||
29 | appropriations made
by the General Assembly and units of local | ||||||
30 | government to the Fund, (2) federal
moneys designated for the | ||||||
31 | Fund, and (3) any grants or gifts designated for the
Fund.
|
| |||||||
| |||||||
1 | (b) The moneys in the Fund shall be used by the Department
| ||||||
2 | Commission , subject to
appropriation, for air carrier | ||||||
3 | recruitment ,
and retention program grants ,
and for
planning | ||||||
4 | grants , and Commission expenses .
| ||||||
5 | (Source: P.A. 93-585, eff. 8-22-03.)
| ||||||
6 | (20 ILCS 3958/20)
| ||||||
7 | Sec. 20. Air Service Commission. There is created the Air | ||||||
8 | Service
Commission. The Commission shall consist of 5 members, | ||||||
9 | each of whom has airport
management or air carrier experience, | ||||||
10 | or both. The members shall be appointed
by the
Governor, with | ||||||
11 | the advice and consent of the Senate, each one from a different
| ||||||
12 | geographical region of the State outside of Cook County. The | ||||||
13 | Governor shall
designate
one of the members as the chairperson.
| ||||||
14 | Members shall serve for a term of 4 years, except that, for | ||||||
15 | the initial
members
appointed, one shall serve for a term of 5 | ||||||
16 | years, one for a term of 4 years,
one
for a term
of 3 years, one | ||||||
17 | for a term of 2 years, and one for a term of one year. Initial
| ||||||
18 | terms shall
commence on July 1, 2003. Each member shall serve | ||||||
19 | until a successor is
appointed and
qualified. Vacancies shall | ||||||
20 | be filled in the same manner as
initial appointments. The | ||||||
21 | members shall not receive a salary but shall be
reimbursed for
| ||||||
22 | the necessary expenses incurred in the performance of their | ||||||
23 | duties.
| ||||||
24 | The Commission shall administer this Act and is authorized | ||||||
25 | to do all
things
reasonable and necessary to accomplish the | ||||||
26 | goals of the I-FLY Program in cooperation with the Department .
| ||||||
27 | (Source: P.A. 93-585, eff. 8-22-03.)
| ||||||
28 | (20 ILCS 3958/25)
| ||||||
29 | Sec. 25. I-FLY Program.
| ||||||
30 | (a) The Department
Commission shall establish
the I-FLY | ||||||
31 | Program , in cooperation with the Commission . The
Program shall | ||||||
32 | consist of the following components:
|
| |||||||
| |||||||
1 | (1) air carrier recruitment and retention
grants as | ||||||
2 | described in subsection (c); and
| ||||||
3 | (2) planning grants under subsection (d).
| ||||||
4 | The Department
Commission may make grants under this Act | ||||||
5 | only to airports that are
located
completely outside of Cook | ||||||
6 | County.
| ||||||
7 | (b) During any one-year period, an airport may receive a | ||||||
8 | grant for only
one of the 2 components specified in subsection | ||||||
9 | (a).
| ||||||
10 | (c) Air carrier recruitment and retention program grants.
| ||||||
11 | (1) An airport may receive an air carrier
recruitment | ||||||
12 | and retention program grant from the Department
Commission | ||||||
13 | only if:
| ||||||
14 | (A) it is capable of supporting
takeoffs and | ||||||
15 | landings by aircraft that have at least 19
passenger | ||||||
16 | seats or have made improvements or
commitments to the | ||||||
17 | Department
Commission to provide this capability; and
| ||||||
18 | (B) it has a commitment from an air
carrier to | ||||||
19 | start or continue air service to the community
that the | ||||||
20 | airport serves subject to financial support
from the | ||||||
21 | State and from the airport or unit of local
government | ||||||
22 | that the airport serves. The commitment must specify | ||||||
23 | that the air
carrier would not
provide or continue to | ||||||
24 | provide service to the community if
financial | ||||||
25 | assistance were not available.
| ||||||
26 | (2) An application for an air carrier
recruitment and | ||||||
27 | retention program grant must contain commitments from the
| ||||||
28 | airport or the unit of local government in which the | ||||||
29 | airport is located
as to the amount of the total project | ||||||
30 | cost, the contribution
from the unit of local government or | ||||||
31 | airport, the method
in which the contribution from the | ||||||
32 | airport or unit of local
government will be generated, and | ||||||
33 | the requested State
contribution.
| ||||||
34 | (3) The air carrier recruitment and retention program |
| |||||||
| |||||||
1 | grant shall be used
to
guarantee the financial viability of | ||||||
2 | air carriers providing reasonable air
service at the
| ||||||
3 | airport.
A grant under this subsection (c) to a particular | ||||||
4 | airport may
be in only one of the following 3 forms:
| ||||||
5 | (A) A grant may be used to guarantee that an air | ||||||
6 | carrier shall
receive an agreed amount of revenue per | ||||||
7 | flight.
| ||||||
8 | (B) A grant may be used to guarantee a reduced or
| ||||||
9 | subsidized consumer ticket price.
| ||||||
10 | (C) A grant may be used to guarantee a profit goal | ||||||
11 | established by the
air
carrier and airport.
| ||||||
12 | (4) During the first year of a grant under this | ||||||
13 | subsection
(c), the grant shall pay 80% of the total
cost | ||||||
14 | of the guarantee and the airport or unit of local | ||||||
15 | government in which
the
airport is
located shall pay 20% of | ||||||
16 | the total cost of the guarantee. During the second
year
of | ||||||
17 | a grant under this subsection
(c), the grant shall pay 50% | ||||||
18 | of the total
cost of the guarantee and the airport or the | ||||||
19 | unit of local government in which
the
airport is
located | ||||||
20 | shall pay 50% of the total
cost of the guarantee.
| ||||||
21 | (5) The total State funding for a
grant under this | ||||||
22 | subsection (c) to a particular airport may not exceed
| ||||||
23 | $1,000,000 in any year.
| ||||||
24 | (6) An airport that has received a 2-year grant
under | ||||||
25 | this subsection (c) may apply for another grant for an
| ||||||
26 | additional 2-year period; however, the Department
| ||||||
27 | Commission shall, in determining
whether to make a grant | ||||||
28 | for an additional 2-year period, give priority to other
| ||||||
29 | airports that have not previously
received a grant under | ||||||
30 | this subsection (c). The Department
Commission shall also
| ||||||
31 | give priority in making grants under this subsection (c) to | ||||||
32 | airports at which
the Department
Commission determines | ||||||
33 | that a 2-year grant may result in
the creation of stable | ||||||
34 | and reliable commercial air
service without an additional |
| |||||||
| |||||||
1 | grant.
| ||||||
2 | (d) Planning grants. An airport may apply for and receive a | ||||||
3 | planning
grant to conduct feasibility studies or business plans
| ||||||
4 | designed to study the recruitment, retention, or expansion of
| ||||||
5 | an air carrier at the airport. To be
eligible for a grant under | ||||||
6 | this subsection (d), the airport
must have the potential for | ||||||
7 | initial or expanded air service
as the Department
Commission | ||||||
8 | determines through its evaluation process.
The grant shall pay | ||||||
9 | 70% of the total cost of the feasibility studies or
business
| ||||||
10 | plans and the airport or the unit of local government in which | ||||||
11 | the
airport is located shall pay 30% of the total cost of the | ||||||
12 | feasibility studies
or
business plans. An airport may receive | ||||||
13 | only one planning
grant.
| ||||||
14 | (Source: P.A. 93-585, eff. 8-22-03.)
| ||||||
15 | Section 5-37. The Compensation Review Act is amended by | ||||||
16 | changing Section 2 as follows:
| ||||||
17 | (25 ILCS 120/2) (from Ch. 63, par. 902)
| ||||||
18 | Sec. 2. There is created the Compensation Review Board, | ||||||
19 | hereinafter referred
to as the Board , as an independent | ||||||
20 | commission within the legislative branch of State government .
| ||||||
21 | The Board shall consist of l2 members, appointed 3 each by | ||||||
22 | the Speaker
of the House of Representatives, the Minority | ||||||
23 | Leader thereof, the President
of the Senate, and the Minority | ||||||
24 | Leader thereof. Members shall be adults
and be residents of | ||||||
25 | Illinois. Members may not be members or employees or
former | ||||||
26 | members or employees of the judicial, executive or legislative | ||||||
27 | branches
of State government; nor may members be persons | ||||||
28 | registered under the Lobbyist
Registration Act. Any member may | ||||||
29 | be reappointed for a consecutive term. The
respective | ||||||
30 | appointing legislative leader may remove any such appointed
| ||||||
31 | member prior to the expiration of his term on the Board for | ||||||
32 | official
misconduct, incompetence or neglect of duty.
|
| |||||||
| |||||||
1 | Members shall serve without compensation but shall receive | ||||||
2 | an allowance
for living expenses incurred in the performance of | ||||||
3 | their official duties in
an amount per day equal to the amount | ||||||
4 | permitted to be deducted for such
expenses by members of the | ||||||
5 | General Assembly under the federal Internal
Revenue Code, as | ||||||
6 | now or hereafter amended. The rate for reimbursement of
mileage | ||||||
7 | expenses shall be equal to the amount established from time to | ||||||
8 | time
for members of the General Assembly. | ||||||
9 | The Board may, without regard to the
Personnel Code, employ | ||||||
10 | and fix the compensation or remuneration of
employees and | ||||||
11 | contract for personal and professional services as it considers | ||||||
12 | necessary or desirable. The General Assembly
shall appropriate | ||||||
13 | to the Commission on Government Forecasting and Accountability | ||||||
14 | the funds necessary to operate the Board , and the Commission | ||||||
15 | shall prepare and submit vouchers on behalf of the Board and | ||||||
16 | provide other fiscal services to the Board as the Board | ||||||
17 | requests and directs; but the Commission shall not exercise any | ||||||
18 | authority or control over the Board or its employees or | ||||||
19 | contractors .
| ||||||
20 | (Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
| ||||||
21 | Section 5-40. The State Finance Act is amended by changing | ||||||
22 | Sections 6p-5, 6z-32, 6z-63, 6z-64, 8.3, 8.16c, 8.43, 8.44, | ||||||
23 | 8.55, 8g, 8h, and 13.2 and by adding Sections 5.663 and 8.45 as | ||||||
24 | follows:
| ||||||
25 | (30 ILCS 105/5.663 new)
| ||||||
26 | Sec. 5.663. The Pension Stabilization Fund.
| ||||||
27 | (30 ILCS 105/6p-5)
| ||||||
28 | Sec. 6p-5. Efficiency Initiatives Revolving Fund. Amounts | ||||||
29 | designated by the Director of Central Management Services and | ||||||
30 | approved
by
the Governor as savings from the efficiency | ||||||
31 | initiatives authorized by Section
405-292 of the Department of |
| |||||||
| |||||||
1 | Central Management Services Law of the Civil
Administrative | ||||||
2 | Code of Illinois shall be paid
into
the Efficiency Initiatives | ||||||
3 | Revolving Fund. State agencies shall pay these
amounts into the | ||||||
4 | Efficiency Initiatives Revolving Fund from the line item
| ||||||
5 | appropriations where the cost savings are anticipated to occur. | ||||||
6 | The money in
this fund shall be used by the Department for | ||||||
7 | expenses incurred in connection
with the efficiency | ||||||
8 | initiatives authorized by Section 405-292 of the
Department
of | ||||||
9 | Central Management Services Law of the Civil Administrative | ||||||
10 | Code of
Illinois or for payment of Facilities Management | ||||||
11 | Revolving Fund billings issued to the Department, as authorized | ||||||
12 | under Section 6z-65 . On or before August 31, 2004, and each | ||||||
13 | August 31 thereafter, the
Department of Central Management | ||||||
14 | Services shall transfer excess balances in the
Efficiency | ||||||
15 | Initiatives Revolving Fund to the General Revenue Fund. As used | ||||||
16 | in
this Section, "excess balances" means amounts in excess of | ||||||
17 | the amount necessary
to fund current and anticipated efficiency | ||||||
18 | initiatives.
| ||||||
19 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
20 | (30 ILCS 105/6z-32)
| ||||||
21 | Sec. 6z-32. Conservation 2000.
| ||||||
22 | (a) The Conservation 2000 Fund and the Conservation 2000 | ||||||
23 | Projects Fund are
created as special funds in the State | ||||||
24 | Treasury. These funds
shall be used to establish a | ||||||
25 | comprehensive program to protect Illinois' natural
resources | ||||||
26 | through cooperative partnerships between State government and | ||||||
27 | public
and private landowners. Moneys in these Funds may be
| ||||||
28 | used, subject to appropriation, by the Environmental | ||||||
29 | Protection Agency and the
Departments of Agriculture, Natural | ||||||
30 | Resources, and
Transportation for purposes relating to natural | ||||||
31 | resource protection,
recreation, tourism, and compatible | ||||||
32 | agricultural and economic development
activities. Without | ||||||
33 | limiting these general purposes, moneys in these Funds may
be |
| ||||||||||||||||||
| ||||||||||||||||||
1 | used, subject to appropriation, for the following specific | |||||||||||||||||
2 | purposes:
| |||||||||||||||||
3 | (1) To foster sustainable agriculture practices and | |||||||||||||||||
4 | control soil erosion
and sedimentation, including grants | |||||||||||||||||
5 | to Soil and Water Conservation Districts
for conservation | |||||||||||||||||
6 | practice cost-share grants and for personnel, educational, | |||||||||||||||||
7 | and
administrative expenses.
| |||||||||||||||||
8 | (2) To establish and protect a system of ecosystems in | |||||||||||||||||
9 | public and private
ownership through conservation | |||||||||||||||||
10 | easements, incentives to public and private
landowners, | |||||||||||||||||
11 | including technical assistance and grants, and
land | |||||||||||||||||
12 | acquisition provided these mechanisms are all voluntary on | |||||||||||||||||
13 | the part of the
landowner and do not involve the use of | |||||||||||||||||
14 | eminent domain.
| |||||||||||||||||
15 | (3) To develop a systematic and long-term program to | |||||||||||||||||
16 | effectively measure
and monitor natural resources and | |||||||||||||||||
17 | ecological conditions through investments in
technology | |||||||||||||||||
18 | and involvement of scientific experts.
| |||||||||||||||||
19 | (4) To initiate strategies to enhance, use, and | |||||||||||||||||
20 | maintain Illinois' inland
lakes through education, | |||||||||||||||||
21 | technical assistance, research, and financial
incentives.
| |||||||||||||||||
22 | (5) To conduct an extensive review of existing Illinois | |||||||||||||||||
23 | water laws.
| |||||||||||||||||
24 | (b) The State Comptroller and State Treasurer shall | |||||||||||||||||
25 | automatically transfer
on the last day of each month, beginning | |||||||||||||||||
26 | on September 30, 1995 and ending on
June 30, 2009,
from the | |||||||||||||||||
27 | General Revenue Fund to the Conservation 2000 Fund,
an
amount | |||||||||||||||||
28 | equal to 1/10 of the amount set forth below in fiscal year 1996 | |||||||||||||||||
29 | and
an amount equal to 1/12 of the amount set forth below in | |||||||||||||||||
30 | each of the other
specified fiscal years:
| |||||||||||||||||
|
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
8 | (c) Notwithstanding any other provision of law to the | |||||||||||||||||||||||||||||
9 | contrary and in addition to any other transfers that may be | |||||||||||||||||||||||||||||
10 | provided for by law, on the last day of each month beginning on | |||||||||||||||||||||||||||||
11 | July 31, 2006 and ending on June 30, 2007, or as soon | |||||||||||||||||||||||||||||
12 | thereafter as may be practical, the State Comptroller shall | |||||||||||||||||||||||||||||
13 | direct and the State Treasurer shall transfer $1,000,000 from | |||||||||||||||||||||||||||||
14 | the Open Space Lands Acquisition and Development Fund to the | |||||||||||||||||||||||||||||
15 | Conservation 2000 Fund.
| |||||||||||||||||||||||||||||
16 | (d)
(c) There shall be deposited into the Conservation 2000 | |||||||||||||||||||||||||||||
17 | Projects Fund such
bond proceeds and other moneys as may, from | |||||||||||||||||||||||||||||
18 | time to time, be provided by law.
| |||||||||||||||||||||||||||||
19 | (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
| |||||||||||||||||||||||||||||
20 | (30 ILCS 105/6z-63)
| |||||||||||||||||||||||||||||
21 | Sec. 6z-63. The Professional Services Fund. | |||||||||||||||||||||||||||||
22 | (a) The Professional Services Fund is created as a | |||||||||||||||||||||||||||||
23 | revolving fund in the State treasury. The following moneys | |||||||||||||||||||||||||||||
24 | shall be deposited into the Fund: | |||||||||||||||||||||||||||||
25 | (1) amounts authorized for transfer to the Fund from | |||||||||||||||||||||||||||||
26 | the General Revenue Fund and other State funds (except for | |||||||||||||||||||||||||||||
27 | funds classified by the Comptroller as federal trust funds | |||||||||||||||||||||||||||||
28 | or State trust funds) pursuant to State law or Executive | |||||||||||||||||||||||||||||
29 | Order; | |||||||||||||||||||||||||||||
30 | (2) federal funds received by the Department of Central | |||||||||||||||||||||||||||||
31 | Management Services (the "Department") as a result of | |||||||||||||||||||||||||||||
32 | expenditures from the Fund; | |||||||||||||||||||||||||||||
33 | (3) interest earned on moneys in the Fund; and |
| |||||||
| |||||||
1 | (4) receipts or inter-fund transfers resulting from | ||||||
2 | billings issued by the Department to State agencies for the | ||||||
3 | cost of professional services rendered by the Department | ||||||
4 | that are not compensated through the specific fund | ||||||
5 | transfers authorized by this Section. | ||||||
6 | (b) Moneys in the Fund may be used by the Department for | ||||||
7 | reimbursement or payment for: | ||||||
8 | (1) providing professional services to State agencies | ||||||
9 | or other State entities; | ||||||
10 | (2) rendering other services to State agencies at the | ||||||
11 | Governor's direction or to other State entities upon | ||||||
12 | agreement between the Director of Central Management | ||||||
13 | Services and the appropriate official or governing body of | ||||||
14 | the other State entity; or | ||||||
15 | (3) providing for payment of administrative and other | ||||||
16 | expenses incurred by the Department in providing | ||||||
17 | professional services. | ||||||
18 | (c) State agencies or other State entities may direct the | ||||||
19 | Comptroller to process inter-fund
transfers or make payment | ||||||
20 | through the voucher and warrant process to the Professional | ||||||
21 | Services Fund in satisfaction of billings issued under | ||||||
22 | subsection (a) of this Section. | ||||||
23 | (d) Reconciliation. For the fiscal year beginning on July | ||||||
24 | 1, 2004 only, the Director of Central Management Services (the | ||||||
25 | "Director") shall order that each State agency's payments and | ||||||
26 | transfers made to the Fund be reconciled with actual Fund costs | ||||||
27 | for professional services provided by the Department on no less | ||||||
28 | than an annual basis. The Director may require reports from | ||||||
29 | State agencies as deemed necessary to perform this | ||||||
30 | reconciliation. | ||||||
31 | (e) The following amounts are authorized for transfer into | ||||||
32 | the
Professional Services Fund for the fiscal year beginning | ||||||
33 | July 1, 2004: | ||||||
34 | General Revenue Fund ...........................$5,440,431 |
| |||||||
| |||||||
1 | Road Fund ........................................$814,468 | ||||||
2 | Motor Fuel Tax Fund ..............................$263,500 | ||||||
3 | Child Support Administrative Fund ................$234,013 | ||||||
4 | Professions Indirect Cost Fund ...................$276,800 | ||||||
5 | Capital Development Board Revolving Fund .........$207,610 | ||||||
6 | Bank & Trust Company Fund ........................$200,214 | ||||||
7 | State Lottery Fund ...............................$193,691 | ||||||
8 | Insurance Producer Administration Fund ...........$174,672 | ||||||
9 | Insurance Financial Regulation Fund ..............$168,327 | ||||||
10 | Illinois Clean Water Fund ........................$124,675 | ||||||
11 | Clean Air Act (CAA) Permit Fund ...................$91,803 | ||||||
12 | Statistical Services Revolving Fund ...............$90,959 | ||||||
13 | Financial Institution Fund .......................$109,428 | ||||||
14 | Horse Racing Fund .................................$71,127 | ||||||
15 | Health Insurance Reserve Fund .....................$66,577 | ||||||
16 | Solid Waste Management Fund .......................$61,081 | ||||||
17 | Guardianship and Advocacy Fund .....................$1,068 | ||||||
18 | Agricultural Premium Fund ............................$493 | ||||||
19 | Wildlife and Fish Fund ...............................$247 | ||||||
20 | Radiation Protection Fund .........................$33,277 | ||||||
21 | Nuclear Safety Emergency Preparedness Fund ........$25,652 | ||||||
22 | Tourism Promotion Fund ............................$6,814
| ||||||
23 | All of these transfers shall be made on July 1, 2004, or as | ||||||
24 | soon thereafter as practical. These transfers shall be made | ||||||
25 | notwithstanding any other provision of State law to the | ||||||
26 | contrary.
| ||||||
27 | (e-5) Notwithstanding any other provision of State law to | ||||||
28 | the contrary, on or after July 1, 2005 and through June 30, | ||||||
29 | 2006, in addition to any other transfers that may be provided | ||||||
30 | for by law, at the direction of and upon notification from the | ||||||
31 | Director of Central Management Services, the State Comptroller | ||||||
32 | shall direct and the State Treasurer shall transfer amounts | ||||||
33 | into the Professional Services Fund from the designated funds | ||||||
34 | not exceeding the following totals:
|
| |||||||
| |||||||
1 | Food and Drug Safety Fund ..........................$3,249 | ||||||
2 | Financial Institution Fund ........................$12,942 | ||||||
3 | General Professions Dedicated Fund .................$8,579 | ||||||
4 | Illinois Department of Agriculture | ||||||
5 | Laboratory
Services Revolving Fund ...........$1,963 | ||||||
6 | Illinois Veterans' Rehabilitation Fund ............$11,275 | ||||||
7 | State Boating Act Fund ............................$27,000 | ||||||
8 | State Parks Fund ..................................$22,007 | ||||||
9 | Agricultural Premium Fund .........................$59,483 | ||||||
10 | Fire Prevention Fund ..............................$29,862 | ||||||
11 | Mental Health Fund ................................$78,213 | ||||||
12 | Illinois State Pharmacy Disciplinary Fund ..........$2,744 | ||||||
13 | Radiation Protection Fund .........................$16,034 | ||||||
14 | Solid Waste Management Fund .......................$37,669 | ||||||
15 | Illinois Gaming Law Enforcement Fund ...............$7,260 | ||||||
16 | Subtitle D Management Fund .........................$4,659 | ||||||
17 | Illinois State Medical Disciplinary Fund ...........$8,602 | ||||||
18 | Department of Children and | ||||||
19 | Family Services Training Fund .................$29,906 | ||||||
20 | Facility Licensing Fund ............................$1,083 | ||||||
21 | Youth Alcoholism and Substance | ||||||
22 | Abuse Prevention Fund ..........................$2,783 | ||||||
23 | Plugging and Restoration Fund ......................$1,105 | ||||||
24 | State Crime Laboratory Fund ........................$1,353 | ||||||
25 | Motor Vehicle Theft Prevention Trust Fund ..........$9,190 | ||||||
26 | Weights and Measures Fund ..........................$4,932 | ||||||
27 | Solid Waste Management Revolving | ||||||
28 | Loan Fund ......................................$2,735 | ||||||
29 | Illinois School Asbestos Abatement Fund ............$2,166 | ||||||
30 | Violence Prevention Fund ...........................$5,176 | ||||||
31 | Capital Development Board Revolving Fund ..........$14,777 | ||||||
32 | DCFS Children's Services Fund ..................$1,256,594 | ||||||
33 | State Police DUI Fund ..............................$1,434 | ||||||
34 | Illinois Health Facilities Planning Fund ...........$3,191 |
| |||||||
| |||||||
1 | Emergency Public Health Fund .......................$7,996 | ||||||
2 | Fair and Exposition Fund ...........................$3,732 | ||||||
3 | Nursing Dedicated and Professional Fund ............$5,792 | ||||||
4 | Optometric Licensing and Disciplinary Board Fund ...$1,032 | ||||||
5 | Underground Resources Conservation Enforcement Fund .$1,221 | ||||||
6 | State Rail Freight Loan Repayment Fund .............$6,434 | ||||||
7 | Drunk and Drugged Driving Prevention Fund ..........$5,473 | ||||||
8 | Illinois Affordable Housing Trust Fund ...........$118,222 | ||||||
9 | Community Water Supply Laboratory Fund ............$10,021 | ||||||
10 | Used Tire Management Fund .........................$17,524 | ||||||
11 | Natural Areas Acquisition Fund ....................$15,501 | ||||||
12 | Open Space Lands Acquisition | ||||||
13 | and Development Fund ..........................$49,105 | ||||||
14 | Working Capital Revolving Fund ...................$126,344 | ||||||
15 | State Garage Revolving Fund .......................$92,513 | ||||||
16 | Statistical Services Revolving Fund ..............$181,949 | ||||||
17 | Paper and Printing Revolving Fund ..................$3,632 | ||||||
18 | Air Transportation Revolving Fund ..................$1,969 | ||||||
19 | Communications Revolving Fund ....................$304,278 | ||||||
20 | Environmental Laboratory Certification Fund ........$1,357 | ||||||
21 | Public Health Laboratory Services Revolving Fund ...$5,892 | ||||||
22 | Provider Inquiry Trust Fund ........................$1,742 | ||||||
23 | Lead Poisoning Screening, | ||||||
24 | Prevention, and Abatement Fund .................$8,200 | ||||||
25 | Drug Treatment Fund ...............................$14,028 | ||||||
26 | Feed Control Fund ..................................$2,472 | ||||||
27 | Plumbing Licensure and Program Fund ................$3,521 | ||||||
28 | Insurance Premium Tax Refund Fund ..................$7,872 | ||||||
29 | Tax Compliance and Administration Fund .............$5,416 | ||||||
30 | Appraisal Administration Fund ......................$2,924 | ||||||
31 | Trauma Center Fund ................................$40,139 | ||||||
32 | Alternate Fuels Fund ...............................$1,467 | ||||||
33 | Illinois State Fair Fund ..........................$13,844 | ||||||
34 | State Asset Forfeiture Fund ........................$8,210 |
| |||||||
| |||||||
1 | Federal Asset Forfeiture Fund ......................$6,471 | ||||||
2 | Department of Corrections Reimbursement | ||||||
3 | and Education Fund ............................$78,965 | ||||||
4 | Health Facility Plan Review Fund ...................$3,444 | ||||||
5 | LEADS Maintenance Fund .............................$6,075 | ||||||
6 | State Offender DNA Identification | ||||||
7 | System Fund ....................................$1,712 | ||||||
8 | Illinois Historic Sites Fund .......................$4,511 | ||||||
9 | Public Pension Regulation Fund .....................$2,313 | ||||||
10 | Workforce, Technology, and Economic | ||||||
11 | Development Fund ...............................$5,357 | ||||||
12 | Renewable Energy Resources Trust Fund .............$29,920 | ||||||
13 | Energy Efficiency Trust Fund .......................$8,368 | ||||||
14 | Pesticide Control Fund .............................$6,687 | ||||||
15 | Conservation 2000 Fund ............................$30,764 | ||||||
16 | Wireless Carrier Reimbursement Fund ...............$91,024 | ||||||
17 | International Tourism Fund ........................$13,057 | ||||||
18 | Public Transportation Fund .......................$701,837 | ||||||
19 | Horse Racing Fund .................................$18,589 | ||||||
20 | Death Certificate Surcharge Fund ...................$1,901 | ||||||
21 | State Police Wireless Service | ||||||
22 | Emergency Fund .................................$1,012 | ||||||
23 | Downstate Public Transportation Fund .............$112,085 | ||||||
24 | Motor Carrier Safety Inspection Fund ...............$6,543 | ||||||
25 | State Police Whistleblower Reward | ||||||
26 | and Protection Fund ............................$1,894 | ||||||
27 | Illinois Standardbred Breeders Fund ................$4,412 | ||||||
28 | Illinois Thoroughbred Breeders Fund ................$6,635 | ||||||
29 | Illinois Clean Water Fund .........................$17,579 | ||||||
30 | Independent Academic Medical Center Fund ...........$5,611 | ||||||
31 | Child Support Administrative Fund ................$432,527 | ||||||
32 | Corporate Headquarters Relocation | ||||||
33 | Assistance Fund ................................$4,047 | ||||||
34 | Local Initiative Fund .............................$58,762 |
| |||||||
| |||||||
1 | Tourism Promotion Fund ............................$88,072 | ||||||
2 | Digital Divide Elimination Fund ...................$11,593 | ||||||
3 | Presidential Library and Museum Operating Fund .....$4,624 | ||||||
4 | Metro-East Public Transportation Fund .............$47,787 | ||||||
5 | Medical Special Purposes Trust Fund ...............$11,779 | ||||||
6 | Dram Shop Fund ....................................$11,317 | ||||||
7 | Illinois State Dental Disciplinary Fund ............$1,986 | ||||||
8 | Hazardous Waste Research Fund ......................$1,333 | ||||||
9 | Real Estate License Administration Fund ...........$10,886 | ||||||
10 | Traffic and Criminal Conviction | ||||||
11 | Surcharge Fund ................................$44,798 | ||||||
12 | Criminal Justice Information | ||||||
13 | Systems Trust Fund .............................$5,693 | ||||||
14 | Design Professionals Administration | ||||||
15 | and Investigation Fund .........................$2,036 | ||||||
16 | State Surplus Property Revolving Fund ..............$6,829 | ||||||
17 | Illinois Forestry Development Fund .................$7,012 | ||||||
18 | State Police Services Fund ........................$47,072 | ||||||
19 | Youth Drug Abuse Prevention Fund ...................$1,299 | ||||||
20 | Metabolic Screening and Treatment Fund ............$15,947 | ||||||
21 | Insurance Producer Administration Fund ............$30,870 | ||||||
22 | Coal Technology Development Assistance Fund .......$43,692 | ||||||
23 | Rail Freight Loan Repayment Fund ...................$1,016 | ||||||
24 | Low-Level Radioactive Waste | ||||||
25 | Facility
Development and Operation Fund ......$1,989 | ||||||
26 | Environmental Protection Permit and Inspection Fund .$32,125 | ||||||
27 | Park and Conservation Fund ........................$41,038 | ||||||
28 | Local Tourism Fund ................................$34,492 | ||||||
29 | Illinois Capital Revolving Loan Fund ..............$10,624 | ||||||
30 | Illinois Equity Fund ...............................$1,929 | ||||||
31 | Large Business Attraction Fund .....................$5,554 | ||||||
32 | Illinois Beach Marina Fund .........................$5,053 | ||||||
33 | International and Promotional Fund .................$1,466 | ||||||
34 | Public Infrastructure Construction |
| |||||||
| |||||||
1 | Loan Revolving Fund ............................$3,111 | ||||||
2 | Insurance Financial Regulation Fund ...............$42,575 | ||||||
3 | Total
$4,975,487
| ||||||
4 | (e-7) Notwithstanding any other provision of State law to | ||||||
5 | the contrary, on or after July 1, 2006 and through June 30, | ||||||
6 | 2007, in addition to any other transfers that may be provided | ||||||
7 | for by law, at the direction of and upon notification from the | ||||||
8 | Director of Central Management Services, the State Comptroller | ||||||
9 | shall direct and the State Treasurer shall transfer amounts | ||||||
10 | into the Professional Services Fund from the designated funds | ||||||
11 | not exceeding the following totals: | ||||||
12 | Food and Drug Safety Fund ..........................$3,300 | ||||||
13 | Financial Institution Fund ........................$13,000 | ||||||
14 | General Professions Dedicated Fund .................$8,600 | ||||||
15 | Illinois Department of Agriculture | ||||||
16 | Laboratory Services Revolving Fund .............$2,000 | ||||||
17 | Illinois Veterans' Rehabilitation Fund ............$11,300 | ||||||
18 | State Boating Act Fund ............................$27,200 | ||||||
19 | State Parks Fund ..................................$22,100 | ||||||
20 | Agricultural Premium Fund .........................$59,800 | ||||||
21 | Fire Prevention Fund ..............................$30,000 | ||||||
22 | Mental Health Fund ................................$78,700 | ||||||
23 | Illinois State Pharmacy Disciplinary Fund ..........$2,800 | ||||||
24 | Radiation Protection Fund .........................$16,100 | ||||||
25 | Solid Waste Management Fund .......................$37,900 | ||||||
26 | Illinois Gaming Law Enforcement Fund ...............$7,300 | ||||||
27 | Subtitle D Management Fund .........................$4,700 | ||||||
28 | Illinois State Medical Disciplinary Fund ...........$8,700 | ||||||
29 | Facility Licensing Fund ............................$1,100 | ||||||
30 | Youth Alcoholism and | ||||||
31 | Substance Abuse Prevention Fund ................$2,800 | ||||||
32 | Plugging and Restoration Fund ......................$1,100 | ||||||
33 | State Crime Laboratory Fund ........................$1,400 | ||||||
34 | Motor Vehicle Theft Prevention Trust Fund ..........$9,200 |
| |||||||
| |||||||
1 | Weights and Measures Fund ..........................$5,000 | ||||||
2 | Illinois School Asbestos Abatement Fund ............$2,200 | ||||||
3 | Violence Prevention Fund ...........................$5,200 | ||||||
4 | Capital Development Board Revolving Fund ..........$14,900 | ||||||
5 | DCFS Children's Services Fund ..................$1,294,000 | ||||||
6 | State Police DUI Fund ..............................$1,400 | ||||||
7 | Illinois Health Facilities Planning Fund ...........$3,200 | ||||||
8 | Emergency Public Health Fund .......................$8,000 | ||||||
9 | Fair and Exposition Fund ...........................$3,800 | ||||||
10 | Nursing Dedicated and Professional Fund ............$5,800 | ||||||
11 | Optometric Licensing and Disciplinary Board Fund ...$1,000 | ||||||
12 | Underground Resources Conservation | ||||||
13 | Enforcement Fund ...............................$1,200 | ||||||
14 | State Rail Freight Loan Repayment Fund .............$6,500 | ||||||
15 | Drunk and Drugged Driving Prevention Fund ..........$5,500 | ||||||
16 | Illinois Affordable Housing Trust Fund ...........$118,900 | ||||||
17 | Community Water Supply Laboratory Fund ............$10,100 | ||||||
18 | Used Tire Management Fund .........................$17,600 | ||||||
19 | Natural Areas Acquisition Fund ....................$15,600 | ||||||
20 | Open Space Lands Acquisition | ||||||
21 | and Development Fund ..........................$49,400 | ||||||
22 | Working Capital Revolving Fund ...................$127,100 | ||||||
23 | State Garage Revolving Fund .......................$93,100 | ||||||
24 | Statistical Services Revolving Fund ..............$183,000 | ||||||
25 | Paper and Printing Revolving Fund ..................$3,700 | ||||||
26 | Air Transportation Revolving Fund ..................$2,000 | ||||||
27 | Communications Revolving Fund ....................$306,100 | ||||||
28 | Environmental Laboratory Certification Fund ........$1,400 | ||||||
29 | Public Health Laboratory Services | ||||||
30 | Revolving Fund .................................$5,900 | ||||||
31 | Provider Inquiry Trust Fund ........................$1,800 | ||||||
32 | Lead Poisoning Screening, Prevention, | ||||||
33 | and Abatement Fund .............................$8,200 | ||||||
34 | Drug Treatment Fund ...............................$14,100 |
| |||||||
| |||||||
1 | Feed Control Fund ..................................$2,500 | ||||||
2 | Plumbing Licensure and Program Fund ................$3,500 | ||||||
3 | Insurance Premium Tax Refund Fund ..................$7,900 | ||||||
4 | Tax Compliance and Administration Fund .............$5,400 | ||||||
5 | Appraisal Administration Fund ......................$2,900 | ||||||
6 | Trauma Center Fund ................................$40,400 | ||||||
7 | Alternate Fuels Fund ..............................$1,500
| ||||||
8 | Illinois State Fair Fund ..........................$13,900 | ||||||
9 | State Asset Forfeiture Fund ........................$8,300 | ||||||
10 | Department of Corrections | ||||||
11 | Reimbursement and Education Fund ..............$79,400 | ||||||
12 | Health Facility Plan Review Fund ...................$3,500 | ||||||
13 | LEADS Maintenance Fund .............................$6,100 | ||||||
14 | State Offender DNA Identification System Fund ......$1,700 | ||||||
15 | Illinois Historic Sites Fund .......................$4,500 | ||||||
16 | Public Pension Regulation Fund .....................$2,300 | ||||||
17 | Workforce, Technology, and Economic | ||||||
18 | Development Fund ...............................$5,400 | ||||||
19 | Renewable Energy Resources Trust Fund .............$30,100 | ||||||
20 | Energy Efficiency Trust Fund .......................$8,400 | ||||||
21 | Pesticide Control Fund .............................$6,700 | ||||||
22 | Conservation 2000 Fund ............................$30,900 | ||||||
23 | Wireless Carrier Reimbursement Fund ...............$91,600 | ||||||
24 | International Tourism Fund ........................$13,100 | ||||||
25 | Public Transportation Fund .......................$705,900 | ||||||
26 | Horse Racing Fund .................................$18,700 | ||||||
27 | Death Certificate Surcharge Fund ...................$1,900 | ||||||
28 | State Police Wireless Service Emergency Fund .......$1,000 | ||||||
29 | Downstate Public Transportation Fund .............$112,700 | ||||||
30 | Motor Carrier Safety Inspection Fund ...............$6,600 | ||||||
31 | State Police Whistleblower | ||||||
32 | Reward and Protection Fund .....................$1,900 | ||||||
33 | Illinois Standardbred Breeders Fund ................$4,400 | ||||||
34 | Illinois Thoroughbred Breeders Fund ................$6,700 |
| |||||||
| |||||||
1 | Illinois Clean Water Fund .........................$17,700 | ||||||
2 | Child Support Administrative Fund ................$435,100 | ||||||
3 | Tourism Promotion Fund ............................$88,600 | ||||||
4 | Digital Divide Elimination Fund ...................$11,700 | ||||||
5 | Presidential Library and Museum Operating Fund .....$4,700 | ||||||
6 | Metro-East Public Transportation Fund .............$48,100 | ||||||
7 | Medical Special Purposes Trust Fund ...............$11,800 | ||||||
8 | Dram Shop Fund ....................................$11,400 | ||||||
9 | Illinois State Dental Disciplinary Fund ............$2,000 | ||||||
10 | Hazardous Waste Research Fund ......................$1,300 | ||||||
11 | Real Estate License Administration Fund ...........$10,900 | ||||||
12 | Traffic and Criminal Conviction Surcharge Fund ....$45,100 | ||||||
13 | Criminal Justice Information Systems Trust Fund ....$5,700 | ||||||
14 | Design Professionals Administration | ||||||
15 | and Investigation Fund .........................$2,000 | ||||||
16 | State Surplus Property Revolving Fund ..............$6,900 | ||||||
17 | State Police Services Fund ........................$47,300 | ||||||
18 | Youth Drug Abuse Prevention Fund ...................$1,300 | ||||||
19 | Metabolic Screening and Treatment Fund ............$16,000 | ||||||
20 | Insurance Producer Administration Fund ............$31,100 | ||||||
21 | Coal Technology Development Assistance Fund .......$43,900 | ||||||
22 | Low-Level Radioactive Waste Facility | ||||||
23 | Development and Operation Fund .................$2,000 | ||||||
24 | Environmental Protection Permit | ||||||
25 | and Inspection Fund ...........................$32,300 | ||||||
26 | Park and Conservation Fund ........................$41,300 | ||||||
27 | Local Tourism Fund ................................$34,700 | ||||||
28 | Illinois Capital Revolving Loan Fund ..............$10,700 | ||||||
29 | Illinois Equity Fund ...............................$1,900 | ||||||
30 | Large Business Attraction Fund .....................$5,600 | ||||||
31 | Illinois Beach Marina Fund .........................$5,100 | ||||||
32 | International and Promotional Fund .................$1,500 | ||||||
33 | Public Infrastructure Construction | ||||||
34 | Loan Revolving Fund ............................$3,100 |
| |||||||
| |||||||
1 | Insurance Financial Regulation Fund ..............$42,800
| ||||||
2 | Total $4,918,200
| ||||||
3 | (e-10) Notwithstanding any other provision of State law to | ||||||
4 | the contrary and in addition to any other transfers that may be | ||||||
5 | provided for by law, on the first day of each calendar quarter | ||||||
6 | of the fiscal year beginning July 1, 2005, or as soon as may be | ||||||
7 | practical thereafter, the State Comptroller shall direct and | ||||||
8 | the State Treasurer shall transfer from each designated fund | ||||||
9 | into the Professional Services Fund amounts equal to one-fourth | ||||||
10 | of each of the following totals:
| ||||||
11 | General Revenue Fund ...........................$4,440,000 | ||||||
12 | Road Fund ......................................$5,324,411 | ||||||
13 | Total $9,764,411
| ||||||
14 | (e-15) Notwithstanding any other provision of State law to | ||||||
15 | the contrary and in addition to any other transfers that may be | ||||||
16 | provided for by law, the State Comptroller shall direct and the | ||||||
17 | State Treasurer shall transfer from the funds specified into | ||||||
18 | the Professional Services Fund according to the schedule | ||||||
19 | specified herein as follows:
| ||||||
20 | General Revenue Fund ..........................$4,466,000
| ||||||
21 | Road Fund .....................................$5,355,500
| ||||||
22 | Total $9,821,500
| ||||||
23 | One-fourth of the specified amount shall be transferred on | ||||||
24 | each of July 1 and October 1, 2006, or as soon as may be | ||||||
25 | practical thereafter, and one-half of the specified amount | ||||||
26 | shall be transferred on January 1, 2007, or as soon as may be | ||||||
27 | practical thereafter.
| ||||||
28 | (f) The term "professional services" means services | ||||||
29 | rendered on behalf of State agencies and other State entities
| ||||||
30 | pursuant to Section 405-293 of the Department of Central | ||||||
31 | Management Services Law of the Civil Administrative Code of | ||||||
32 | Illinois.
| ||||||
33 | (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.) |
| |||||||
| |||||||
1 | (30 ILCS 105/6z-64) | ||||||
2 | Sec. 6z-64. The Workers' Compensation Revolving Fund. | ||||||
3 | (a) The Workers' Compensation Revolving Fund is created as | ||||||
4 | a revolving fund in the State treasury. The following moneys | ||||||
5 | shall be deposited into the Fund: | ||||||
6 | (1) amounts authorized for transfer to the Fund from | ||||||
7 | the General Revenue Fund and other State funds (except for | ||||||
8 | funds classified by the Comptroller as federal trust funds | ||||||
9 | or State trust funds) pursuant to State law or Executive | ||||||
10 | Order; | ||||||
11 | (2) federal funds received by the Department of Central | ||||||
12 | Management Services (the "Department") as a result of | ||||||
13 | expenditures from the Fund; | ||||||
14 | (3) interest earned on moneys in the Fund; | ||||||
15 | (4) receipts or inter-fund transfers resulting from | ||||||
16 | billings issued by the Department to State agencies and | ||||||
17 | universities for the cost of workers' compensation | ||||||
18 | services rendered by the Department that are not | ||||||
19 | compensated through the specific fund transfers authorized | ||||||
20 | by this Section, if any; | ||||||
21 | (5) amounts received from a State agency or university | ||||||
22 | for workers' compensation payments for temporary total | ||||||
23 | disability, as provided in Section 405-105 of the | ||||||
24 | Department of Central Management Services Law of the Civil | ||||||
25 | Administrative Code of Illinois; and | ||||||
26 | (6) amounts recovered through subrogation in workers' | ||||||
27 | compensation and workers' occupational disease cases. | ||||||
28 | (b) Moneys in the Fund may be used by the Department for | ||||||
29 | reimbursement or payment for: | ||||||
30 | (1) providing workers' compensation services to State | ||||||
31 | agencies and State universities; or | ||||||
32 | (2) providing for payment of administrative and other | ||||||
33 | expenses incurred by the Department in providing workers' | ||||||
34 | compensation services. |
| |||||||
| |||||||
1 | (c) State agencies may direct the Comptroller to process | ||||||
2 | inter-fund
transfers or make payment through the voucher and | ||||||
3 | warrant process to the Workers' Compensation Revolving Fund in | ||||||
4 | satisfaction of billings issued under subsection (a) of this | ||||||
5 | Section. | ||||||
6 | (d) Reconciliation. For the fiscal year beginning on July | ||||||
7 | 1, 2004 only, the Director of Central Management Services (the | ||||||
8 | "Director") shall order that each State agency's payments and | ||||||
9 | transfers made to the Fund be reconciled with actual Fund costs | ||||||
10 | for workers' compensation services provided by the Department | ||||||
11 | and attributable to the State agency and relevant fund on no | ||||||
12 | less than an annual basis. The Director may require reports | ||||||
13 | from State agencies as deemed necessary to perform this | ||||||
14 | reconciliation. | ||||||
15 | (d-5) Notwithstanding any other provision of State law to | ||||||
16 | the contrary, on or after July 1, 2005 and until June 30, 2006, | ||||||
17 | in addition to any other transfers that may be provided for by | ||||||
18 | law, at the direction of and upon notification of the Director | ||||||
19 | of Central Management Services, the State Comptroller shall | ||||||
20 | direct and the State Treasurer shall transfer amounts into the | ||||||
21 | Workers' Compensation Revolving Fund from the designated funds | ||||||
22 | not exceeding the following totals: | ||||||
23 | Mental Health Fund ............................$17,694,000 | ||||||
24 | Statistical Services Revolving Fund ............$1,252,600 | ||||||
25 | Department of Corrections Reimbursement | ||||||
26 | and Education Fund .........................$1,198,600 | ||||||
27 | Communications Revolving Fund ....................$535,400 | ||||||
28 | Child Support Administrative Fund ................$441,900 | ||||||
29 | Health Insurance Reserve Fund ....................$238,900 | ||||||
30 | Fire Prevention Fund .............................$234,100 | ||||||
31 | Park and Conservation Fund .......................$142,000 | ||||||
32 | Motor Fuel Tax Fund ..............................$132,800 | ||||||
33 | Illinois Workers' Compensation | ||||||
34 | Commission Operations Fund ...................$123,900 |
| |||||||
| |||||||
1 | State Boating Act Fund ...........................$112,300 | ||||||
2 | Public Utility Fund ..............................$106,500 | ||||||
3 | State Lottery Fund ...............................$101,300 | ||||||
4 | Traffic and Criminal Conviction | ||||||
5 | Surcharge Fund ................................$88,500 | ||||||
6 | State Surplus Property Revolving Fund .............$82,700 | ||||||
7 | Natural Areas Acquisition Fund ....................$65,600 | ||||||
8 | Securities Audit and Enforcement Fund .............$65,200 | ||||||
9 | Agricultural Premium Fund .........................$63,400 | ||||||
10 | Capital Development Fund ..........................$57,500 | ||||||
11 | State Gaming Fund .................................$54,300 | ||||||
12 | Underground Storage Tank Fund .....................$53,700 | ||||||
13 | Illinois State Medical Disciplinary Fund ..........$53,000 | ||||||
14 | Personal Property Tax Replacement Fund ............$53,000 | ||||||
15 | General Professions Dedicated Fund ...............$51,900
| ||||||
16 | Total $23,003,100
| ||||||
17 | (d-10) Notwithstanding any other provision of State law to | ||||||
18 | the contrary and in addition to any other transfers that may be | ||||||
19 | provided for by law, on the first day of each calendar quarter | ||||||
20 | of the fiscal year beginning July 1, 2005, or as soon as may be | ||||||
21 | practical thereafter, the State Comptroller shall direct and | ||||||
22 | the State Treasurer shall transfer from each designated fund | ||||||
23 | into the Workers' Compensation Revolving Fund amounts equal to | ||||||
24 | one-fourth of each of the following totals: | ||||||
25 | General Revenue Fund ......................... $34,000,000 | ||||||
26 | Road Fund .................................... $25,987,000 | ||||||
27 | Total $59,987,000
| ||||||
28 | (d-12) Notwithstanding any other provision of State law to | ||||||
29 | the contrary and in addition to any other transfers that may be | ||||||
30 | provided for by law, on the effective date of this amendatory | ||||||
31 | Act of the 94th General Assembly, or as soon as may be | ||||||
32 | practical thereafter, the State Comptroller shall direct and | ||||||
33 | the State Treasurer shall transfer from each designated fund | ||||||
34 | into the Workers' Compensation Revolving Fund the following |
| |||||||
| |||||||
1 | amounts: | ||||||
2 | General Revenue Fund ..........................$10,000,000 | ||||||
3 | Road Fund ......................................$5,000,000 | ||||||
4 | Total $15,000,000.
| ||||||
5 | (d-15) Notwithstanding any other provision of State law to | ||||||
6 | the contrary and in addition to any other transfers that may be | ||||||
7 | provided for by law, on July 1, 2006, or as soon as may be | ||||||
8 | practical thereafter, the State Comptroller shall direct and | ||||||
9 | the State Treasurer shall transfer from each designated fund | ||||||
10 | into the Workers' Compensation Revolving Fund the following | ||||||
11 | amounts: | ||||||
12 | General Revenue Fund .........................$44,028,200
| ||||||
13 | Road Fund ....................................$28,084,000
| ||||||
14 | Total $72,112,200
| ||||||
15 | (d-20) Notwithstanding any other provision of State law to | ||||||
16 | the contrary, on or after July 1, 2006 and until June 30, 2007, | ||||||
17 | in addition to any other transfers that may be provided for by | ||||||
18 | law, at the direction of and upon notification of the Director | ||||||
19 | of Central Management Services, the State Comptroller shall | ||||||
20 | direct and the State Treasurer shall transfer amounts into the | ||||||
21 | Workers' Compensation Revolving Fund from the designated funds | ||||||
22 | not exceeding the following totals: | ||||||
23 | Mental Health Fund ............................$19,121,800 | ||||||
24 | Statistical Services Revolving Fund ............$1,353,700 | ||||||
25 | Department of Corrections Reimbursement | ||||||
26 | and Education Fund .........................$1,295,300 | ||||||
27 | Communications Revolving Fund ....................$578,600 | ||||||
28 | Child Support Administrative Fund ................$477,600 | ||||||
29 | Health Insurance Reserve Fund ....................$258,200 | ||||||
30 | Fire Prevention Fund .............................$253,000 | ||||||
31 | Park and Conservation Fund .......................$153,500 | ||||||
32 | Motor Fuel Tax Fund ..............................$143,500 | ||||||
33 | Illinois Workers' Compensation | ||||||
34 | Commission Operations Fund ...................$133,900 |
| |||||||
| |||||||
1 | State Boating Act Fund ...........................$121,400 | ||||||
2 | Public Utility Fund ..............................$115,100 | ||||||
3 | State Lottery Fund ...............................$109,500 | ||||||
4 | Traffic and Criminal Conviction Surcharge Fund ....$95,700 | ||||||
5 | State Surplus Property Revolving Fund .............$89,400 | ||||||
6 | Natural Areas Acquisition Fund ....................$70,800 | ||||||
7 | Securities Audit and Enforcement Fund .............$70,400 | ||||||
8 | Agricultural Premium Fund .........................$68,500 | ||||||
9 | State Gaming Fund .................................$58,600 | ||||||
10 | Underground Storage Tank Fund .....................$58,000 | ||||||
11 | Illinois State Medical Disciplinary Fund ..........$57,200 | ||||||
12 | Personal Property Tax Replacement Fund ............$57,200 | ||||||
13 | General Professions Dedicated Fund ...............$56,100
| ||||||
14 | Total $24,797,000
| ||||||
15 | (e) The term "workers' compensation services" means | ||||||
16 | services, claims expenses, and related administrative costs | ||||||
17 | incurred in performing the duties under
Sections 405-105 and | ||||||
18 | 405-411 of the Department of Central Management Services Law of | ||||||
19 | the Civil Administrative Code of Illinois.
| ||||||
20 | (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
| ||||||
21 | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
| ||||||
22 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
23 | State of
Illinois incurs any bonded indebtedness for the | ||||||
24 | construction of
permanent highways, be set aside and used for | ||||||
25 | the purpose of paying and
discharging annually the principal | ||||||
26 | and interest on that bonded
indebtedness then due and payable, | ||||||
27 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
28 | after the payment of principal and
interest on that bonded | ||||||
29 | indebtedness then annually due shall be used as
follows:
| ||||||
30 | first -- to pay the cost of administration of Chapters | ||||||
31 | 2 through 10 of
the Illinois Vehicle Code, except the cost | ||||||
32 | of administration of Articles I and
II of Chapter 3 of that | ||||||
33 | Code; and
|
| |||||||
| |||||||
1 | secondly -- for expenses of the Department of | ||||||
2 | Transportation for
construction, reconstruction, | ||||||
3 | improvement, repair, maintenance,
operation, and | ||||||
4 | administration of highways in accordance with the
| ||||||
5 | provisions of laws relating thereto, or for any purpose | ||||||
6 | related or
incident to and connected therewith, including | ||||||
7 | the separation of grades
of those highways with railroads | ||||||
8 | and with highways and including the
payment of awards made | ||||||
9 | by the Illinois Workers' Compensation Commission under the | ||||||
10 | terms of
the Workers' Compensation Act or Workers' | ||||||
11 | Occupational Diseases Act for
injury or death of an | ||||||
12 | employee of the Division of Highways in the
Department of | ||||||
13 | Transportation; or for the acquisition of land and the
| ||||||
14 | erection of buildings for highway purposes, including the | ||||||
15 | acquisition of
highway right-of-way or for investigations | ||||||
16 | to determine the reasonably
anticipated future highway | ||||||
17 | needs; or for making of surveys, plans,
specifications and | ||||||
18 | estimates for and in the construction and maintenance
of | ||||||
19 | flight strips and of highways necessary to provide access | ||||||
20 | to military
and naval reservations, to defense industries | ||||||
21 | and defense-industry
sites, and to the sources of raw | ||||||
22 | materials and for replacing existing
highways and highway | ||||||
23 | connections shut off from general public use at
military | ||||||
24 | and naval reservations and defense-industry sites, or for | ||||||
25 | the
purchase of right-of-way, except that the State shall | ||||||
26 | be reimbursed in
full for any expense incurred in building | ||||||
27 | the flight strips; or for the
operating and maintaining of | ||||||
28 | highway garages; or for patrolling and
policing the public | ||||||
29 | highways and conserving the peace; or for the operating | ||||||
30 | expenses of the Department relating to the administration | ||||||
31 | of public transportation programs; or for any of
those | ||||||
32 | purposes or any other purpose that may be provided by law.
| ||||||
33 | Appropriations for any of those purposes are payable from | ||||||
34 | the Road
Fund. Appropriations may also be made from the Road |
| |||||||
| |||||||
1 | Fund for the
administrative expenses of any State agency that | ||||||
2 | are related to motor
vehicles or arise from the use of motor | ||||||
3 | vehicles.
| ||||||
4 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
5 | Fund monies
shall be appropriated to the following Departments | ||||||
6 | or agencies of State
government for administration, grants, or | ||||||
7 | operations; but this
limitation is not a restriction upon | ||||||
8 | appropriating for those purposes any
Road Fund monies that are | ||||||
9 | eligible for federal reimbursement;
| ||||||
10 | 1. Department of Public Health;
| ||||||
11 | 2. Department of Transportation, only with respect to | ||||||
12 | subsidies for
one-half fare Student Transportation and | ||||||
13 | Reduced Fare for Elderly;
| ||||||
14 | 3. Department of Central Management
Services, except | ||||||
15 | for expenditures
incurred for group insurance premiums of | ||||||
16 | appropriate personnel;
| ||||||
17 | 4. Judicial Systems and Agencies.
| ||||||
18 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
19 | Fund monies
shall be appropriated to the following Departments | ||||||
20 | or agencies of State
government for administration, grants, or | ||||||
21 | operations; but this
limitation is not a restriction upon | ||||||
22 | appropriating for those purposes any
Road Fund monies that are | ||||||
23 | eligible for federal reimbursement:
| ||||||
24 | 1. Department of State Police, except for expenditures | ||||||
25 | with
respect to the Division of Operations;
| ||||||
26 | 2. Department of Transportation, only with respect to | ||||||
27 | Intercity Rail
Subsidies and Rail Freight Services.
| ||||||
28 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
29 | Fund monies
shall be appropriated to the following Departments | ||||||
30 | or agencies of State
government for administration, grants, or | ||||||
31 | operations; but this
limitation is not a restriction upon | ||||||
32 | appropriating for those purposes any
Road Fund monies that are | ||||||
33 | eligible for federal reimbursement: Department
of Central | ||||||
34 | Management Services, except for awards made by
the Illinois |
| |||||||
| |||||||
1 | Workers' Compensation Commission under the terms of the | ||||||
2 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
3 | Act for injury or death of an employee of
the Division of | ||||||
4 | Highways in the Department of Transportation.
| ||||||
5 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
6 | Fund monies
shall be appropriated to the following Departments | ||||||
7 | or agencies of State
government for administration, grants, or | ||||||
8 | operations; but this
limitation is not a restriction upon | ||||||
9 | appropriating for those purposes any
Road Fund monies that are | ||||||
10 | eligible for federal reimbursement:
| ||||||
11 | 1. Department of State Police, except not more than 40% | ||||||
12 | of the
funds appropriated for the Division of Operations;
| ||||||
13 | 2. State Officers.
| ||||||
14 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
15 | Fund monies
shall be appropriated to any Department or agency | ||||||
16 | of State government
for administration, grants, or operations | ||||||
17 | except as provided hereafter;
but this limitation is not a | ||||||
18 | restriction upon appropriating for those
purposes any Road Fund | ||||||
19 | monies that are eligible for federal
reimbursement. It shall | ||||||
20 | not be lawful to circumvent the above
appropriation limitations | ||||||
21 | by governmental reorganization or other
methods. | ||||||
22 | Appropriations shall be made from the Road Fund only in
| ||||||
23 | accordance with the provisions of this Section.
| ||||||
24 | Money in the Road Fund shall, if and when the State of | ||||||
25 | Illinois
incurs any bonded indebtedness for the construction of | ||||||
26 | permanent
highways, be set aside and used for the purpose of | ||||||
27 | paying and
discharging during each fiscal year the principal | ||||||
28 | and interest on that
bonded indebtedness as it becomes due and | ||||||
29 | payable as provided in the
Transportation Bond Act, and for no | ||||||
30 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
31 | payment of
principal and interest on that bonded indebtedness | ||||||
32 | then annually due
shall be used as follows:
| ||||||
33 | first -- to pay the cost of administration of Chapters | ||||||
34 | 2 through 10
of the Illinois Vehicle Code; and
|
| |||||||
| |||||||
1 | secondly -- no Road Fund monies derived from fees, | ||||||
2 | excises, or
license taxes relating to registration, | ||||||
3 | operation and use of vehicles on
public highways or to | ||||||
4 | fuels used for the propulsion of those vehicles,
shall be | ||||||
5 | appropriated or expended other than for costs of | ||||||
6 | administering
the laws imposing those fees, excises, and | ||||||
7 | license taxes, statutory
refunds and adjustments allowed | ||||||
8 | thereunder, administrative costs of the
Department of | ||||||
9 | Transportation, including, but not limited to, the | ||||||
10 | operating expenses of the Department relating to the | ||||||
11 | administration of public transportation programs, payment | ||||||
12 | of debts and liabilities incurred
in construction and | ||||||
13 | reconstruction of public highways and bridges,
acquisition | ||||||
14 | of rights-of-way for and the cost of construction,
| ||||||
15 | reconstruction, maintenance, repair, and operation of | ||||||
16 | public highways and
bridges under the direction and | ||||||
17 | supervision of the State, political
subdivision, or | ||||||
18 | municipality collecting those monies, and the costs for
| ||||||
19 | patrolling and policing the public highways (by State, | ||||||
20 | political
subdivision, or municipality collecting that | ||||||
21 | money) for enforcement of
traffic laws. The separation of | ||||||
22 | grades of such highways with railroads
and costs associated | ||||||
23 | with protection of at-grade highway and railroad
crossing | ||||||
24 | shall also be permissible.
| ||||||
25 | Appropriations for any of such purposes are payable from | ||||||
26 | the Road
Fund or the Grade Crossing Protection Fund as provided | ||||||
27 | in Section 8 of
the Motor Fuel Tax Law.
| ||||||
28 | Except as provided in this paragraph, beginning with fiscal | ||||||
29 | year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
30 | appropriated to the Department of State Police for the purposes | ||||||
31 | of
this Section in excess of its total fiscal year 1990 Road | ||||||
32 | Fund
appropriations for those purposes unless otherwise | ||||||
33 | provided in Section 5g of
this Act.
For fiscal years 2003,
| ||||||
34 | 2004, 2005, and 2006 , and 2007 only, no Road Fund monies shall
|
| |||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||
1 | be appropriated to the
Department of State Police for the | ||||||||||||||||||||||||||||||||||||||||
2 | purposes of this Section in excess of
$97,310,000.
It shall not | ||||||||||||||||||||||||||||||||||||||||
3 | be lawful to circumvent this limitation on
appropriations by | ||||||||||||||||||||||||||||||||||||||||
4 | governmental reorganization or other methods unless
otherwise | ||||||||||||||||||||||||||||||||||||||||
5 | provided in Section 5g of this Act.
| ||||||||||||||||||||||||||||||||||||||||
6 | In fiscal year 1994, no Road Fund monies shall be | ||||||||||||||||||||||||||||||||||||||||
7 | appropriated
to the
Secretary of State for the purposes of this | ||||||||||||||||||||||||||||||||||||||||
8 | Section in excess of the total
fiscal year 1991 Road Fund | ||||||||||||||||||||||||||||||||||||||||
9 | appropriations to the Secretary of State for
those purposes, | ||||||||||||||||||||||||||||||||||||||||
10 | plus $9,800,000. It
shall not be
lawful to circumvent
this | ||||||||||||||||||||||||||||||||||||||||
11 | limitation on appropriations by governmental reorganization or | ||||||||||||||||||||||||||||||||||||||||
12 | other
method.
| ||||||||||||||||||||||||||||||||||||||||
13 | Beginning with fiscal year 1995 and thereafter, no Road | ||||||||||||||||||||||||||||||||||||||||
14 | Fund
monies
shall be appropriated to the Secretary of State for | ||||||||||||||||||||||||||||||||||||||||
15 | the purposes of this
Section in excess of the total fiscal year | ||||||||||||||||||||||||||||||||||||||||
16 | 1994 Road Fund
appropriations to
the Secretary of State for | ||||||||||||||||||||||||||||||||||||||||
17 | those purposes. It shall not be lawful to
circumvent this | ||||||||||||||||||||||||||||||||||||||||
18 | limitation on appropriations by governmental reorganization
or | ||||||||||||||||||||||||||||||||||||||||
19 | other methods.
| ||||||||||||||||||||||||||||||||||||||||
20 | Beginning with fiscal year 2000, total Road Fund | ||||||||||||||||||||||||||||||||||||||||
21 | appropriations to the
Secretary of State for the purposes of | ||||||||||||||||||||||||||||||||||||||||
22 | this Section shall not exceed the
amounts specified for the | ||||||||||||||||||||||||||||||||||||||||
23 | following fiscal years:
| ||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||
34 | It shall not be lawful to circumvent this limitation on |
| |||||||
| |||||||
1 | appropriations by
governmental reorganization or other | ||||||
2 | methods.
| ||||||
3 | No new program may be initiated in fiscal year 1991 and
| ||||||
4 | thereafter that is not consistent with the limitations imposed | ||||||
5 | by this
Section for fiscal year 1984 and thereafter, insofar as | ||||||
6 | appropriation of
Road Fund monies is concerned.
| ||||||
7 | Nothing in this Section prohibits transfers from the Road | ||||||
8 | Fund to the
State Construction Account Fund under Section 5e of | ||||||
9 | this Act; nor to the
General Revenue Fund, as authorized by | ||||||
10 | this amendatory Act of
the 93rd
General Assembly.
| ||||||
11 | The additional amounts authorized for expenditure in this | ||||||
12 | Section by Public Acts 92-0600, 93-0025, and 93-0839 , and 94-91 | ||||||
13 | shall be repaid to the Road Fund
from the General Revenue Fund | ||||||
14 | in the next succeeding fiscal year that the
General Revenue | ||||||
15 | Fund has a positive budgetary balance, as determined by
| ||||||
16 | generally accepted accounting principles applicable to | ||||||
17 | government.
| ||||||
18 | The additional amounts authorized for expenditure by the | ||||||
19 | Secretary of State
and
the Department of State Police in this | ||||||
20 | Section by this amendatory Act of the
94th General Assembly and | ||||||
21 | the 93rd General
Assembly shall be repaid to the Road Fund from | ||||||
22 | the General Revenue Fund in the
next
succeeding fiscal year | ||||||
23 | that the General Revenue Fund has a positive budgetary
balance,
| ||||||
24 | as determined by generally accepted accounting principles | ||||||
25 | applicable to
government.
| ||||||
26 | (Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839, | ||||||
27 | eff. 7-30-04; 94-91, eff. 7-1-05.)
| ||||||
28 | (30 ILCS 105/8.16c)
| ||||||
29 | Sec. 8.16c. Appropriations related to efficiency | ||||||
30 | initiatives. Appropriations for processing contracted | ||||||
31 | assistance, the
purchase
of commodities and equipment, the | ||||||
32 | retention of staff, and all other expenses
incident to | ||||||
33 | efficiency initiatives authorized by Section 405-292 of the
|
| |||||||
| |||||||
1 | Department of Central Management Services Law of the Civil | ||||||
2 | Administrative Code
of Illinois are payable from the Efficiency
| ||||||
3 | Initiatives Revolving Fund. Facilities Management Revolving | ||||||
4 | Fund billings issued to the Department of Central Management | ||||||
5 | Services, as authorized by Section 6z-65, are also payable from | ||||||
6 | the Efficiency Initiatives Revolving Fund. Until there are | ||||||
7 | sufficient funds in the Efficiency
Initiatives Revolving Fund | ||||||
8 | to carry out the purposes of this amendatory Act of
the 93rd | ||||||
9 | General Assembly, the State agencies subject to Section 405-292 | ||||||
10 | of the
Department of Central Management Services Law of the | ||||||
11 | Civil Administrative Code
of Illinois shall, on written | ||||||
12 | approval
of the Director of Central Management Services, pay | ||||||
13 | the costs associated with
the efficiency initiative authorized | ||||||
14 | by that Section from current appropriations as if those | ||||||
15 | expenses were
duly incurred by the respective agencies.
| ||||||
16 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
17 | (30 ILCS 105/8.43) | ||||||
18 | Sec. 8.43. Special fund transfers. | ||||||
19 | (a) In order to maintain the integrity of special funds and | ||||||
20 | improve stability in the General Revenue Fund, the following | ||||||
21 | transfers are authorized from the designated funds into the | ||||||
22 | General Revenue Fund: | ||||||
23 | SECRETARY OF STATE SPECIAL LICENSE | ||||||
24 | PLATE FUND ...........................................$856,000 | ||||||
25 | SECURITIES INVESTORS EDUCATION FUND ......$3,271,000 | ||||||
26 | SECURITIES AUDIT & ENFORCEMENT FUND .....$17,014,000 | ||||||
27 | DEPARTMENT OF BUSINESS SERVICES SPECIAL | ||||||
28 | OPERATIONS FUND ......................................$524,000 | ||||||
29 | SECRETARY OF STATE SPECIAL SERVICES FUND .........$600,000 | ||||||
30 | SECRETARY OF STATE DUI ADMINISTRATION FUND ......$582,000 | ||||||
31 | FOOD & DRUG SAFETY FUND ....................$817,000 | ||||||
32 | TRANSPORTATION REGULATORY FUND ................$2,379,000 | ||||||
33 | FINANCIAL INSTITUTION FUND ...............$2,003,000 |
| |||||||
| |||||||
1 | GENERAL PROFESSIONS DEDICATED FUND ...........$497,000 | ||||||
2 | DRIVERS EDUCATION FUND ...............$2,967,000 | ||||||
3 | STATE BOATING ACT FUND ..............$1,072,000 | ||||||
4 | AGRICULTURAL PREMIUM FUND ...................$7,777,000 | ||||||
5 | PUBLIC UTILITY FUND ...................$8,202,000 | ||||||
6 | RADIATION PROTECTION FUND ....................$750,000 | ||||||
7 | SOLID WASTE MANAGEMENT FUND ..........$10,084,000 | ||||||
8 | SUBTITLE D MANAGEMENT FUND ....................$3,006,000 | ||||||
9 | PLUGGING AND RESTORATION FUND ...... $1,255,000 | ||||||
10 | REGISTERED CERTIFIED PUBLIC ACCOUNTANTS | ||||||
11 | ADMINISTRATION AND DISCIPLINARY FUND ..............$819,000 | ||||||
12 | WEIGHTS AND MEASURES FUND ............... $1,800,000 | ||||||
13 | SOLID WASTE MANAGEMENT REVOLVING LOAN FUND .......$647,000 | ||||||
14 | RESPONSE CONTRACTORS INDEMNIFICATION FUND ........$107,000 | ||||||
15 | CAPITAL DEVELOPMENT BOARD REVOLVING LOAN FUND ..$1,229,000 | ||||||
16 | PROFESSIONS INDIRECT COST FUND ................$39,000 | ||||||
17 | ILLINOIS HEALTH FACILITIES PLANNING FUND ...$2,351,000 | ||||||
18 | OPTOMETRIC LICENSING AND DISCIPLINARY | ||||||
19 | BOARD FUND .........................................$1,121,000 | ||||||
20 | STATE RAIL FREIGHT LOAN REPAYMENT FUND .$3,500,000 | ||||||
21 | ILLINOIS TAX INCREMENT FUND ..............$1,500,000 | ||||||
22 | USED TIRE MANAGEMENT FUND ...................$3,278,000 | ||||||
23 | AUDIT EXPENSE FUND ......................$1,237,000 | ||||||
24 | INSURANCE PREMIUM TAX REFUND FUND .............$2,500,000 | ||||||
25 | CORPORATE FRANCHISE TAX REFUND FUND .........$1,650,000 | ||||||
26 | TAX COMPLIANCE AND ADMINISTRATION FUND ........$9,513,000 | ||||||
27 | APPRAISAL ADMINISTRATION FUND ..................$1,107,000 | ||||||
28 | STATE ASSET FORFEITURE FUND ........ $1,500,000 | ||||||
29 | FEDERAL ASSET FORFEITURE FUND ............$3,943,000 | ||||||
30 | DEPARTMENT OF CORRECTIONS REIMBURSEMENT | ||||||
31 | AND EDUCATION FUND ................................$14,500,000 | ||||||
32 | LEADS MAINTENANCE FUND ...$2,000,000 | ||||||
33 | STATE OFFENDER DNA IDENTIFICATION SYSTEM FUND ....$250,000 | ||||||
34 | WORKFORCE, TECHNOLOGY, AND ECONOMIC |
| |||||||
| |||||||
1 | DEVELOPMENT FUND ......................$267,819.60
$1,500,000 | ||||||
2 | RENEWABLE ENERGY RESOURCES TRUST FUND .$9,510,000 | ||||||
3 | ENERGY EFFICIENCY TRUST FUND .........$3,040,000 | ||||||
4 | CONSERVATION 2000 FUND ...............$7,439,000 | ||||||
5 | HORSE RACING FUND .....................$2,500,000 | ||||||
6 | STATE POLICE WIRELESS SERVICE EMERGENCY FUND .$500,000 | ||||||
7 | WHISTLEBLOWER REWARD AND PROTECTION FUND .......$750,000 | ||||||
8 | TOBACCO SETTLEMENT RECOVERY FUND .............$19,300,000 | ||||||
9 | PRESIDENTIAL LIBRARY AND MUSEUM FUND ..$500,000 | ||||||
10 | MEDICAL SPECIAL PURPOSES TRUST FUND ......$967,000 | ||||||
11 | DRAM SHOP FUND ...............................$1,517,000 | ||||||
12 | DESIGN PROFESSIONALS ADMINISTRATION AND | ||||||
13 | INVESTIGATION FUND ............................$1,172,000 | ||||||
14 | ILLINOIS FORESTRY DEVELOPMENT FUND .....$1,257,000 | ||||||
15 | STATE POLICE SERVICES FUND .....................$250,000 | ||||||
16 | METABOLIC SCREENING AND TREATMENT FUND ....$3,435,000 | ||||||
17 | INSURANCE PRODUCER ADMINISTRATION FUND .....$12,727,000 | ||||||
18 | LOW-LEVEL RADIOACTIVE WASTE FACILITY | ||||||
19 | DEVELOPMENT AND OPERATION FUND ............$2,202,000 | ||||||
20 | LOW-LEVEL RADIOACTIVE WASTE FACILITY CLOSURE,
| ||||||
21 | POST-CLOSURE CARE AND COMPENSATION FUND ......$6,000,000 | ||||||
22 | ENVIRONMENTAL PROTECTION PERMIT AND | ||||||
23 | INSPECTION FUND ...............................$874,000 | ||||||
24 | PARK AND CONSERVATION FUND ....................$1,000,000 | ||||||
25 | PUBLIC INFRASTRUCTURE CONSTRUCTION LOAN | ||||||
26 | REVOLVING FUND ..................................$1,822,000 | ||||||
27 | LOBBYIST REGISTRATION ADMINISTRATION FUND ......$327,000 | ||||||
28 | DIVISION OF CORPORATIONS REGISTERED | ||||||
29 | LIMITED LIABILITY PARTNERSHIP FUND ............$356,000 | ||||||
30 | WORKING CAPITAL REVOLVING FUND | ||||||
31 | (30 ILCS 105/6) ...................................$12,000,000 | ||||||
32 | All of these transfers shall be made on the effective date | ||||||
33 | of this amendatory Act of the 93rd General Assembly, or as soon | ||||||
34 | thereafter as practical. These transfers shall be made |
| |||||||
| |||||||
1 | notwithstanding any other provision of State law to the | ||||||
2 | contrary. | ||||||
3 | (b) On and after the effective date of this amendatory Act | ||||||
4 | of the 93rd General Assembly through June 30, 2005, when any of | ||||||
5 | the funds listed in subsection (a) have insufficient cash from | ||||||
6 | which the State Comptroller may make expenditures properly | ||||||
7 | supported by appropriations from the fund, then the State | ||||||
8 | Treasurer and State Comptroller shall transfer from the General | ||||||
9 | Revenue Fund to the fund only such amount as is immediately | ||||||
10 | necessary to satisfy outstanding expenditure obligations on a | ||||||
11 | timely basis, subject to the provisions of the State Prompt | ||||||
12 | Payment Act. Any amounts transferred from the General Revenue | ||||||
13 | Fund to a fund pursuant to this subsection (b) from time to | ||||||
14 | time shall be re-transferred by the State Comptroller and the | ||||||
15 | State Treasurer from the receiving fund into the General | ||||||
16 | Revenue Fund as soon as and to the extent that deposits are | ||||||
17 | made into or receipts are collected by the receiving fund. In | ||||||
18 | all events, the full amounts of all transfers from the General | ||||||
19 | Revenue Fund to receiving funds shall be re-transferred to the | ||||||
20 | General Revenue Fund no later than June 30, 2005.
| ||||||
21 | (c) The sum of $57,700,000 shall be transferred, pursuant | ||||||
22 | to appropriation, from the State Pensions Fund to the | ||||||
23 | designated retirement systems (as defined in Section 8.12 of | ||||||
24 | the State Finance Act) on the effective date of this amendatory | ||||||
25 | Act of the 93rd General Assembly, or as soon thereafter as | ||||||
26 | practical. On April 16, 2005, or as soon thereafter as | ||||||
27 | practical, there shall be transferred, pursuant to | ||||||
28 | appropriation, from the State Pensions Fund to the designated | ||||||
29 | retirement systems (as defined in Section 8.12 of the State | ||||||
30 | Finance Act) the lesser of (i) an amount equal to the balance | ||||||
31 | in the State Pensions Fund on April 16, 2005, minus an amount | ||||||
32 | equal to 75% of the total amount of fiscal year 2005 | ||||||
33 | appropriations from the State Pensions Fund that were | ||||||
34 | appropriated to the State Treasurer for administration of the |
| |||||||
| |||||||
1 | Uniform Disposition of Unclaimed Property Act or (ii) | ||||||
2 | $35,000,000. These transfers are intended to be all or part of | ||||||
3 | the transfer required under Section 8.12 of the State Finance | ||||||
4 | Act for fiscal year 2005. | ||||||
5 | (d) The sum of $49,775,000 shall be transferred from the | ||||||
6 | School Technology Revolving Loan Fund to the Common School Fund | ||||||
7 | on the effective date of this amendatory Act of the 93rd | ||||||
8 | General Assembly, or as soon thereafter as practical, | ||||||
9 | notwithstanding any other provision of State law to the | ||||||
10 | contrary.
| ||||||
11 | (e) The sum of $80,000,000 shall be transferred from the | ||||||
12 | General Revenue Fund to the State Pensions Fund on the | ||||||
13 | effective date of this amendatory Act of the 93rd General | ||||||
14 | Assembly, or as soon thereafter as practical.
| ||||||
15 | (Source: P.A. 93-839, eff. 7-30-04.) | ||||||
16 | (30 ILCS 105/8.44) | ||||||
17 | Sec. 8.44. Special fund transfers. | ||||||
18 | (a) In order to maintain the integrity of special funds and
| ||||||
19 | improve stability in the General Revenue Fund, the following
| ||||||
20 | transfers are authorized from the designated funds into the
| ||||||
21 | General Revenue Fund: | ||||||
22 | Aeronautics Fund ......................................$2,186
| ||||||
23 | Aggregate Operations Regulatory Fund .................$32,750
| ||||||
24 | Agrichemical Incident Response Trust Fund ...........$419,830
| ||||||
25 | Agricultural Master Fund .............................$17,827
| ||||||
26 | Air Transportation Revolving Fund ...................$181,478
| ||||||
27 | Airport Land Loan Revolving Fund ..................$1,669,970
| ||||||
28 | Alternate Fuels Fund ..............................$1,056,833
| ||||||
29 | Alternative Compliance Market Account Fund ...........$53,120
| ||||||
30 | Appraisal Administration Fund .......................$250,000
| ||||||
31 | Armory Rental Fund ..................................$111,538
| ||||||
32 | Assisted Living and Shared Housing Regulatory Fund ...$24,493
| ||||||
33 | Bank and Trust Company Fund .......................$3,800,000
|
| |||||||
| |||||||
1 | Capital Development Board Revolving Fund ............$453,054
| ||||||
2 | Care Provider Fund for Persons
| ||||||
3 | with a Developmental Disability ...................$2,378,270
| ||||||
4 | Charter Schools Revolving Loan Fund .................$650,721
| ||||||
5 | Child Support Administrative Fund .................$1,117,266
| ||||||
6 | Coal Mining Regulatory Fund .........................$127,583
| ||||||
7 | Communications Revolving Fund ....................$12,999,839
| ||||||
8 | Community Health Center Care Fund ...................$104,480
| ||||||
9 | Community Water Supply Laboratory Fund ..............$716,232
| ||||||
10 | Continuing Legal Education Trust Fund ................$23,419
| ||||||
11 | Corporate Franchise Tax Refund Fund .................$500,000
| ||||||
12 | Court of Claims Administration and Grant Fund ........$24,949
| ||||||
13 | Criminal Justice Information Projects Fund ...........$18,212
| ||||||
14 | DCFS Special Purposes Trust Fund .....................$77,835
| ||||||
15 | Death Certificate Surcharge Fund ..................$1,134,341
| ||||||
16 | Department of Business Services
| ||||||
17 | Special Operations Fund ...........................$2,000,000
| ||||||
18 | Department of Children and Family Services
| ||||||
19 | Training Fund .....................................$1,408,106
| ||||||
20 | Department of Corrections
| ||||||
21 | Reimbursement and Education Fund ..................$2,208,323
| ||||||
22 | Department of Insurance State Trust Fund .............$18,009
| ||||||
23 | Department of Labor Special State Trust Fund ........$359,895
| ||||||
24 | Department on Aging State Projects Fund ..............$10,059
| ||||||
25 | Design Professionals Administration
| ||||||
26 | and Investigation Fund ...............................$51,701
| ||||||
27 | DHS Recoveries Trust Fund .........................$1,591,834
| ||||||
28 | DHS State Projects Fund ..............................$89,917
| ||||||
29 | Division of Corporations
| ||||||
30 | Registered Limited Liability Partnership Fund .......$150,000
| ||||||
31 | DNR Special Projects Fund ...........................$301,649
| ||||||
32 | Dram Shop Fund ......................................$110,554
| ||||||
33 | Drivers Education Fund ...............................$30,152
| ||||||
34 | Drug Rebate Fund .................................$17,315,821
|
| |||||||
| |||||||
1 | Drug Traffic Prevention Fund .........................$22,123
| ||||||
2 | Drug Treatment Fund .................................$160,030
| ||||||
3 | Drunk and Drugged Driving Prevention Fund ............$51,220
| ||||||
4 | Drycleaner Environmental Response Trust Fund ......$1,137,971
| ||||||
5 | DuQuoin State Fair Harness Racing Trust Fund ..........$3,368
| ||||||
6 | Early Intervention Services Revolving Fund ........$1,044,935
| ||||||
7 | Economic Research and Information Fund ...............$49,005
| ||||||
8 | Educational Labor Relations Board
| ||||||
9 | Fair Share Trust Fund ................................$40,933
| ||||||
10 | Efficiency Initiatives Revolving Fund .............$6,178,298
| ||||||
11 | Emergency Planning and Training Fund .................$28,845
| ||||||
12 | Emergency Public Health Fund ........................$139,997
| ||||||
13 | Emergency Response Reimbursement Fund ................$15,873
| ||||||
14 | EMS Assistance Fund ..................................$40,923
| ||||||
15 | Energy Assistance Contribution Fund ..................$89,692
| ||||||
16 | Energy Efficiency Trust Fund ......................$1,300,938
| ||||||
17 | Environmental Laboratory Certification Fund ..........$62,039
| ||||||
18 | Environmental Protection Permit and Inspection Fund .$180,571
| ||||||
19 | Environmental Protection Trust Fund ...............$2,228,031
| ||||||
20 | EPA Court Trust Fund ................................$338,646
| ||||||
21 | EPA Special State Projects Trust Fund ...............$284,263
| ||||||
22 | Explosives Regulatory Fund ...........................$23,125
| ||||||
23 | Facilities Management Revolving Fund ..............$4,803,971
| ||||||
24 | Facility Licensing Fund ..............................$22,958
| ||||||
25 | Family Care Fund .....................................$22,585
| ||||||
26 | Federal Asset Forfeiture Fund .........................$1,871
| ||||||
27 | Feed Control Fund ...................................$478,234
| ||||||
28 | Fertilizer Control Fund .............................$207,398
| ||||||
29 | Financial Institution Fund ........................$2,448,690
| ||||||
30 | Firearm Owner's Notification Fund .....................$3,960
| ||||||
31 | Food and Drug Safety Fund ...........................$421,401
| ||||||
32 | General Professions Dedicated Fund ................$3,975,808
| ||||||
33 | Good Samaritan Energy Trust Fund ......................$7,191
| ||||||
34 | Governor's Grant Fund .................................$1,592
|
| |||||||
| |||||||
1 | Group Workers' Compensation Pool Insolvency Fund ....$136,547
| ||||||
2 | Guardianship and Advocacy Fund .......................$27,289
| ||||||
3 | Hazardous Waste Occupational Licensing Fund ..........$14,939
| ||||||
4 | Hazardous Waste Research Fund .......................$125,209
| ||||||
5 | Health Facility Plan Review Fund ....................$165,972
| ||||||
6 | Hearing Instrument Dispenser
| ||||||
7 | Examining and Disciplinary Fund .....................$102,842
| ||||||
8 | Home Inspector Administration Fund ..................$244,503
| ||||||
9 | IEMA State Projects Fund .................................$13
| ||||||
10 | Illinois Beach Marina Fund ..........................$177,801
| ||||||
11 | Illinois Capital Revolving Loan Fund ..............$4,024,106
| ||||||
12 | Illinois Clean Water Fund .........................$1,835,796
| ||||||
13 | Illinois Community College Board
| ||||||
14 | Contracts and Grants Fund .................................$9
| ||||||
15 | Illinois Department of Agriculture
| ||||||
16 | Laboratory Services Revolving Fund ..................$174,795
| ||||||
17 | Illinois Equity Fund ................................$119,193
| ||||||
18 | Illinois Executive Mansion Trust Fund ................$56,154
| ||||||
19 | Illinois Forestry Development Fund ................$1,389,096
| ||||||
20 | Illinois Future Teacher Corps Scholarship Fund ........$4,836
| ||||||
21 | Illinois Gaming Law Enforcement Fund ................$650,646
| ||||||
22 | Illinois Habitat Endowment Trust Fund .............$3,641,262
| ||||||
23 | Illinois Health Facilities Planning Fund .............$23,066
| ||||||
24 | Illinois Historic Sites Fund ........................$134,366
| ||||||
25 | Illinois National Guard Armory Construction Fund .....$31,469
| ||||||
26 | Illinois Rural Rehabilitation Fund ....................$8,190
| ||||||
27 | Illinois School Asbestos Abatement Fund .............$183,191
| ||||||
28 | Illinois State Fair Fund .............................$50,176
| ||||||
29 | Illinois State Podiatric Disciplinary Fund ..........$317,239
| ||||||
30 | Illinois Student Assistance Commission
| ||||||
31 | Contracts and Grants Fund .............................$5,589
| ||||||
32 | Illinois Tourism Tax Fund ...........................$647,749
| ||||||
33 | Illinois Underground Utility Facilities
| ||||||
34 | Damage Prevention Fund ................................$2,175
|
| |||||||
| |||||||
1 | Illinois Veterans' Rehabilitation Fund ..............$218,940
| ||||||
2 | Industrial Hygiene Regulatory and Enforcement Fund ....$3,564
| ||||||
3 | Innovations in Long-Term Care
| ||||||
4 | Quality Demonstration Grants Fund ...................$565,494
| ||||||
5 | Insurance Financial Regulation Fund .................$800,000
| ||||||
6 | ISAC Accounts Receivable Fund ........................$26,374
| ||||||
7 | ISBE GED Testing Fund ...............................$146,196
| ||||||
8 | ISBE Teacher Certificate Institute Fund .............$122,117
| ||||||
9 | J.J. Wolf Memorial for Conservation Investigation Fund .$8,137
| ||||||
10 | Kaskaskia Commons Permanent Fund .....................$79,813
| ||||||
11 | Land Reclamation Fund ................................$30,582
| ||||||
12 | Large Business Attraction Fund ......................$340,777
| ||||||
13 | Lawyers' Assistance Program Fund ....................$198,207
| ||||||
14 | LEADS Maintenance Fund ...............................$76,981
| ||||||
15 | Lieutenant Governor's Grant Fund ........................$188
| ||||||
16 | Livestock Management Facilities Fund .................$47,800
| ||||||
17 | Local Initiative Fund .............................$1,940,646
| ||||||
18 | Local Tourism Fund ..................................$132,876
| ||||||
19 | Long Term Care Monitor/Receiver Fund ................$427,850
| ||||||
20 | Monetary Award Program Reserve Fund .................$879,700
| ||||||
21 | McCormick Place Expansion Project Fund ....................$0
| ||||||
22 | Medicaid Buy-In Program Revolving Fund ..............$318,894
| ||||||
23 | Medicaid Fraud and Abuse Prevention Fund .............$60,306
| ||||||
24 | Medical Special Purposes Trust Fund .................$930,668
| ||||||
25 | Military Affairs Trust Fund ..........................$68,468
| ||||||
26 | Motor Carrier Safety Inspection Fund ................$147,477
| ||||||
27 | Motor Fuel and Petroleum Standards Fund ..............$19,673
| ||||||
28 | Motor Vehicle Review Board Fund .....................$250,000
| ||||||
29 | Motor Vehicle Theft Prevention Trust Fund .........$1,415,361
| ||||||
30 | Narcotics Profit Forfeiture Fund .....................$39,379
| ||||||
31 | Natural Heritage Endowment Trust Fund ...............$557,264
| ||||||
32 | Natural Heritage Fund .................................$3,336
| ||||||
33 | Natural Resources Information Fund ...................$64,596
| ||||||
34 | Natural Resources Restoration Trust Fund .............$63,002
|
| |||||||
| |||||||
1 | Off-Highway Vehicle Trails Fund .....................$244,815
| ||||||
2 | Oil Spill Response Fund .............................$167,547
| ||||||
3 | Paper and Printing Revolving Fund ....................$48,476
| ||||||
4 | Park and Conservation Fund ........................$3,050,154
| ||||||
5 | Pawnbroker Regulation Fund ...........................$94,131
| ||||||
6 | Pesticide Control Fund ..............................$420,223
| ||||||
7 | Petroleum Resources Revolving Fund ...................$85,540
| ||||||
8 | Police Training Board Services Fund ...................$1,540
| ||||||
9 | Pollution Control Board Fund .........................$23,004
| ||||||
10 | Pollution Control Board Trust Fund ..................$410,651
| ||||||
11 | Post Transplant Maintenance and Retention Fund .......$75,100
| ||||||
12 | Presidential Library and Museum Operating Fund ......$727,250
| ||||||
13 | Professional Regulation Evidence Fund .................$2,817
| ||||||
14 | Professional Services Fund ...........................$46,222
| ||||||
15 | Provider Inquiry Trust Fund .........................$207,098
| ||||||
16 | Public Aid Recoveries Trust Fund ..................$7,610,631
| ||||||
17 | Public Health Laboratory Services Revolving Fund .....$92,276
| ||||||
18 | Public Health Special State Projects Fund ...........$816,202
| ||||||
19 | Public Health Water Permit Fund ......................$17,624
| ||||||
20 | Public Infrastructure Construction
| ||||||
21 | Loan Revolving Fund ..................................$63,802
| ||||||
22 | Public Pension Regulation Fund ......................$222,433
| ||||||
23 | Racing Board Fingerprint License Fund ................$16,835
| ||||||
24 | Radiation Protection Fund ...........................$212,010
| ||||||
25 | Real Estate License Administration Fund ...........$1,500,000
| ||||||
26 | Regulatory Evaluation and Basic Enforcement Fund .....$64,221
| ||||||
27 | Regulatory Fund ......................................$55,246
| ||||||
28 | Renewable Energy Resources Trust Fund ................$14,033
| ||||||
29 | Response Contractors Indemnification Fund ...............$126
| ||||||
30 | Rural/Downstate Health Access Fund ....................$4,644
| ||||||
31 | Savings and Residential Finance Regulatory Fund ...$5,200,000
| ||||||
32 | School District Emergency Financial Assistance Fund .$2,130,848
| ||||||
33 | School Technology Revolving Loan Fund ................$19,158
| ||||||
34 | Second Injury Fund ..................................$151,493
|
| |||||||
| |||||||
1 | Secretary of State Interagency Grant Fund ............$40,900
| ||||||
2 | Secretary of State Special License Plate Fund .......$520,200
| ||||||
3 | Secretary of State Special Services Fund ..........$2,500,000
| ||||||
4 | Securities Audit and Enforcement Fund .............$3,400,000
| ||||||
5 | Securities Investors Education Fund .................$100,000
| ||||||
6 | Self-Insurers Administration Fund ...................$286,964
| ||||||
7 | Sex Offender Registration Fund ........................$7,647
| ||||||
8 | Sexual Assault Services Fund .........................$12,210
| ||||||
9 | Small Business Environmental Assistance Fund .........$13,686
| ||||||
10 | Snowmobile Trail Establishment Fund ...................$3,124
| ||||||
11 | Solid Waste Management Fund .......................$6,587,173
| ||||||
12 | Sports Facilities Tax Trust Fund ..................$1,112,590
| ||||||
13 | State Appellate Defender Special State Projects Fund .$23,820
| ||||||
14 | State Asset Forfeiture Fund ..........................$71,988
| ||||||
15 | State Boating Act Fund ..............................$401,824
| ||||||
16 | State College and University Trust Fund .............$139,439
| ||||||
17 | State Crime Laboratory Fund ..........................$44,965
| ||||||
18 | State Fair Promotional Activities Fund ................$8,734
| ||||||
19 | State Garage Revolving Fund .........................$639,662
| ||||||
20 | State Offender DNA Identification System Fund ........$81,740
| ||||||
21 | State Off-Set Claims Fund .........................$1,487,926
| ||||||
22 | State Parks Fund ..................................$1,045,889
| ||||||
23 | State Police Motor Vehicle Theft Prevention Fund ....$164,843
| ||||||
24 | State Police Vehicle Fund ............................$22,899
| ||||||
25 | State Police Whistleblower Reward and Protection Fund .$199,699
| ||||||
26 | State Rail Freight Loan Repayment Fund ............$1,147,727
| ||||||
27 | State Surplus Property Revolving Fund ...............$388,284
| ||||||
28 | State Whistleblower Reward and Protection Fund ........$1,592
| ||||||
29 | State's Attorneys Appellate Prosecutor's County Fund .$70,101
| ||||||
30 | Statewide Grand Jury Prosecution Fund .................$7,645
| ||||||
31 | Statistical Services Revolving Fund ...............$4,847,783
| ||||||
32 | Subtitle D Management Fund ..........................$169,744
| ||||||
33 | Tanning Facility Permit Fund .........................$64,571
| ||||||
34 | Tax Compliance and Administration Fund ..............$429,377
|
| |||||||
| |||||||
1 | Tax Recovery Fund ...................................$113,591
| ||||||
2 | Teacher Certificate Fee Revolving Fund ..............$982,399
| ||||||
3 | Toxic Pollution Prevention Fund ......................$28,534
| ||||||
4 | Underground Resources Conservation Enforcement Fund .$294,251
| ||||||
5 | University Grant Fund ................................$23,881
| ||||||
6 | Used Tire Management Fund .........................$1,918,500
| ||||||
7 | Watershed Park Fund ..................................$19,786
| ||||||
8 | Weights and Measures Fund .........................$1,078,121
| ||||||
9 | Workers' Compensation Benefit Trust Fund ............$266,574
| ||||||
10 | Workers' Compensation Revolving Fund ................$520,285
| ||||||
11 | Working Capital Revolving Fund ....................$1,404,868
| ||||||
12 | Youth Alcoholism and Substance Abuse Prevention Fund .$29,995
| ||||||
13 | Youth Drug Abuse Prevention Fund .......................$4,091 | ||||||
14 | All of these transfers shall be made in equal quarterly | ||||||
15 | installments with the first made on the effective date
of this | ||||||
16 | amendatory Act of the 94th General Assembly, or as soon
| ||||||
17 | thereafter as practical, and with the remaining transfers to be | ||||||
18 | made on October 1, January 1, and April 1, or as soon | ||||||
19 | thereafter as practical. These transfers shall be made
| ||||||
20 | notwithstanding any other provision of State law to the
| ||||||
21 | contrary. | ||||||
22 | The Governor may direct the State Comptroller and the State | ||||||
23 | Treasurer to reverse the transfers previously authorized by | ||||||
24 | statute to the General Revenue Fund and retransfer from the | ||||||
25 | General Revenue Fund, if applicable, all or a portion of the | ||||||
26 | transfers made pursuant to this subsection (a) to the following | ||||||
27 | funds: | ||||||
28 | (1) the Drycleaner Environmental Response Trust Fund; | ||||||
29 | (2) the Educational Labor Relations Board Fair Share | ||||||
30 | Trust Fund; | ||||||
31 | (3) the Environmental Protection Trust Fund; | ||||||
32 | (4) the Facilities Management Revolving Fund; | ||||||
33 | (5) the Illinois Forestry Development Fund; | ||||||
34 | (6) the Illinois Habitat Endowment Trust Fund; |
| |||||||
| |||||||
1 | (7) the Innovations in Long-Term Care Quality | ||||||
2 | Demonstration Grants Fund; | ||||||
3 | (8) the Kaskaskia Commons Permanent Fund; | ||||||
4 | (9) the Land Reclamation Fund; | ||||||
5 | (10) the Lawyers' Assistance Program Fund; | ||||||
6 | (11) the Local Initiative Fund; | ||||||
7 | (12) the Petroleum Resources Revolving Fund; | ||||||
8 | (13) the Sports Facilities Tax Trust Fund; | ||||||
9 | (14) the State Garage Revolving Fund; | ||||||
10 | (15) the State Off-Set Claims Fund; and | ||||||
11 | (16) the DCFS Special Purposes Trust Fund.
| ||||||
12 | (b) On and after the effective date of this amendatory Act
| ||||||
13 | of the 94th General Assembly through June 30, 2006, when any of
| ||||||
14 | the funds listed in subsection (a) have insufficient cash from
| ||||||
15 | which the State Comptroller may make expenditures properly
| ||||||
16 | supported by appropriations from the fund, then the State
| ||||||
17 | Treasurer and State Comptroller shall transfer from the General
| ||||||
18 | Revenue Fund to the fund only such amount as is immediately
| ||||||
19 | necessary to satisfy outstanding expenditure obligations on a
| ||||||
20 | timely basis, subject to the provisions of the State Prompt
| ||||||
21 | Payment Act. All or a portion of the
Any amounts transferred | ||||||
22 | from the General Revenue
Fund to a fund pursuant to this | ||||||
23 | subsection (b) from time to
time may
shall be re-transferred by | ||||||
24 | the State Comptroller and the
State Treasurer from the | ||||||
25 | receiving fund into the General
Revenue Fund as soon as and to | ||||||
26 | the extent that deposits are
made into or receipts are | ||||||
27 | collected by the receiving fund. In
all events, the full | ||||||
28 | amounts of all transfers from the General
Revenue Fund to | ||||||
29 | receiving funds shall be re-transferred to the
General Revenue | ||||||
30 | Fund no later than June 30, 2006. | ||||||
31 | (c) Notwithstanding any other provision of law, on July 1, | ||||||
32 | 2005, or as soon thereafter as may be practical, the State | ||||||
33 | Comptroller and the State Treasurer shall transfer $5,000,000 | ||||||
34 | from the Communications Revolving Fund to the Hospital Basic |
| |||||||
| |||||||
1 | Services Prevention Fund.
| ||||||
2 | (Source: P.A. 94-91, eff. 7-1-05.) | ||||||
3 | (30 ILCS 105/8.45 new)
| ||||||
4 | Sec. 8.45. Special fund transfers. | ||||||
5 | (a) In order to maintain the integrity of special funds and
| ||||||
6 | improve stability in the General Revenue Fund, the following
| ||||||
7 | transfers are authorized from the designated funds into the
| ||||||
8 | General Revenue Fund: | ||||||
9 | Food and Drug Safety Fund .......................$421,000
| ||||||
10 | Grade Crossing Prevention Fund ................$4,000,000
| ||||||
11 | General Professions Dedicated Fund ............$5,000,000
| ||||||
12 | Economic Research and Information Fund ...........$25,000
| ||||||
13 | Illinois Department of Agriculture | ||||||
14 | Laboratory Services Revolving Fund ..........$100,000
| ||||||
15 | Drivers Education Fund ..........................$900,000
| ||||||
16 | State Parks Fund ..............................$1,046,000
| ||||||
17 | Illinois State Pharmacy Disciplinary Fund .....$3,000,000
| ||||||
18 | Public Utility Fund .............................$440,000
| ||||||
19 | Solid Waste Management Fund .....................$200,000
| ||||||
20 | Illinois Gaming Law Enforcement Fund ............$652,000
| ||||||
21 | Subtitle D Management Fund ......................$300,000
| ||||||
22 | Community Health Center Care Fund ...............$100,000
| ||||||
23 | School District Emergency Financial | ||||||
24 | Assistance Fund ...........................$1,325,000
| ||||||
25 | Explosives Regulatory Fund .......................$23,000
| ||||||
26 | Aggregate Operations Regulatory Fund .............$33,000
| ||||||
27 | Coal Mining Regulatory Fund ......................$50,000
| ||||||
28 | Registered Certified Public Accountants' | ||||||
29 | Administration and Disciplinary Fund ......$1,000,000
| ||||||
30 | Agrichemical Incident Response Trust Fund .......$200,000
| ||||||
31 | Motor Vehicle Theft Prevention Trust Fund .......$500,000
| ||||||
32 | Weights and Measures Fund .......................$600,000
| ||||||
33 | Division of Corporations Registered Limited |
| |||||||
| |||||||
1 | Liability Partnership Fund ..................$555,000
| ||||||
2 | Local Government Health Insurance | ||||||
3 | Reserve Fund ..............................$1,000,000
| ||||||
4 | IPTIP Administrative Trust Fund .................$700,000
| ||||||
5 | Professions Indirect Cost Fund ..................$500,000
| ||||||
6 | State Police DUI Fund ...........................$150,000
| ||||||
7 | Asbestos Abatement Fund .........................$500,000
| ||||||
8 | Savings and Residential Finance | ||||||
9 | Regulatory Fund ...........................$6,000,000
| ||||||
10 | Fair and Exposition Fund ........................$200,000
| ||||||
11 | State Police Vehicle Fund .......................$144,000
| ||||||
12 | Department of Labor Special | ||||||
13 | State Trust Fund ............................$162,000
| ||||||
14 | Nursing Dedicated and Professional Fund .......$3,000,000
| ||||||
15 | Underground Resources Conservation | ||||||
16 | Enforcement Fund ............................$100,000
| ||||||
17 | Mandatory Arbitration Fund ......................$906,000
| ||||||
18 | Income Tax Refund Fund .......................$44,000,000
| ||||||
19 | Long Term Care Monitor/Receiver Fund ............$300,000
| ||||||
20 | Community Water Supply Laboratory Fund ..........$200,000
| ||||||
21 | Used Tire Management Fund .....................$1,000,000
| ||||||
22 | Natural Areas Acquisition Fund ................$5,000,000
| ||||||
23 | State Garage Revolving Fund .....................$691,300
| ||||||
24 | Statistical Services Revolving Fund .............$231,600
| ||||||
25 | Paper and Printing Revolving Fund .................$9,900
| ||||||
26 | Air Transportation Revolving Fund ...............$100,000
| ||||||
27 | Tax Recovery Fund ...............................$150,000
| ||||||
28 | Communications Revolving Fund .................$1,076,800
| ||||||
29 | Facilities Management Revolving Fund ............$111,900
| ||||||
30 | Professional Services Fund ....................$1,064,800
| ||||||
31 | Treasurer's Rental Fee Fund .....................$100,000
| ||||||
32 | Workers' Compensation Revolving Fund ............$530,800
| ||||||
33 | Audit Expense Fund ............................$1,800,000
| ||||||
34 | Securities Audit and Enforcement Fund ...........$695,000
|
| |||||||
| |||||||
1 | Department of Business Services | ||||||
2 | Special Operations Fund ...................$7,650,000
| ||||||
3 | Innovations in Long-Term Care Quality | ||||||
4 | Demonstration Grants Fund ...................$300,000
| ||||||
5 | State Treasurer's Bank Services Trust Fund ....$5,000,000
| ||||||
6 | Corporate Franchise Tax Refund Fund ...........$1,400,000
| ||||||
7 | Tax Compliance and Administration Fund ..........$429,400
| ||||||
8 | Appraisal Administration Fund .................$1,000,000
| ||||||
9 | Trauma Center Fund ............................$5,000,000
| ||||||
10 | Public Aid Recoveries Trust Fund ..............$8,611,000
| ||||||
11 | State Asset Forfeiture Fund .....................$250,000
| ||||||
12 | Health Facility Plan Review Fund ................$166,000
| ||||||
13 | LEADS Maintenance Fund ...........................$77,000
| ||||||
14 | Illinois Historic Sites Fund ....................$134,400
| ||||||
15 | Public Pension Regulation Fund ...................$50,000
| ||||||
16 | Pawnbroker Regulation Fund ......................$100,000
| ||||||
17 | Charter Schools Revolving Loan Fund ...........$1,200,000
| ||||||
18 | Attorney General Whistleblower | ||||||
19 | Reward and Protection Fund ................$1,000,000
| ||||||
20 | Wireless Carrier Reimbursement Fund ...........$8,000,000
| ||||||
21 | International Tourism Fund ....................$3,000,000
| ||||||
22 | Real Estate Recovery Fund .......................$200,000
| ||||||
23 | Death Certificate Surcharge Fund ..............$1,000,000
| ||||||
24 | Auction Recovery Fund ............................$50,000
| ||||||
25 | Motor Carrier Safety Inspection Fund ............$150,000
| ||||||
26 | State Police Whistleblower Reward | ||||||
27 | and Protection Fund .........................$750,000
| ||||||
28 | Post Transplant Maintenance and Retention Fund ...$75,000
| ||||||
29 | Tobacco Settlement Recovery Fund .............$19,900,000
| ||||||
30 | Medicaid Buy-In Program Revolving Fund ..........$319,000
| ||||||
31 | Home Inspector Administration Fund ..............$200,000
| ||||||
32 | Tourism Promotion Fund ........................$4,000,000
| ||||||
33 | Lawyers' Assistance Program Fund .................$67,200
| ||||||
34 | Presidential Library and Museum |
| |||||||
| |||||||
1 | Operating Fund ..............................$750,000
| ||||||
2 | Dram Shop Fund ..................................$112,000
| ||||||
3 | Illinois State Dental Disciplinary Fund .........$250,000
| ||||||
4 | Real Estate License Administration Fund .......$5,000,000
| ||||||
5 | Traffic and Criminal Conviction Surcharge Fund ..$250,000
| ||||||
6 | Design Professionals Administration | ||||||
7 | and Investigation Fund ......................$100,000
| ||||||
8 | State Surplus Property Revolving Fund .............$6,300
| ||||||
9 | State Police Services Fund ......................$200,000
| ||||||
10 | Health Insurance Reserve Fund ................$21,000,000
| ||||||
11 | DHS Recoveries Trust Fund .....................$3,591,800
| ||||||
12 | Insurance Producer Administration Fund ........$2,000,000
| ||||||
13 | State Treasurer Court Ordered Escrow Fund .......$250,000
| ||||||
14 | Environmental Protection Permit and | ||||||
15 | Inspection Fund .............................$181,000
| ||||||
16 | Illinois State Podiatric Disciplinary Fund ......$250,000
| ||||||
17 | Illinois Beach Marina Fund ......................$100,000
| ||||||
18 | International and Promotional Fund ...............$70,000
| ||||||
19 | Insurance Financial Regulation Fund ...........$5,000,000
| ||||||
20 | TOTAL $200,084,200
| ||||||
21 | All of these transfers shall be made in equal quarterly | ||||||
22 | installments with the first made on July 1, 2006, or as soon
| ||||||
23 | thereafter as practical, and with the remaining transfers to be | ||||||
24 | made on October 1, January 1, and April 1, or as soon | ||||||
25 | thereafter as practical. These transfers shall be made
| ||||||
26 | notwithstanding any other provision of State law to the
| ||||||
27 | contrary.
| ||||||
28 | (b) On and after the effective date of this amendatory Act
| ||||||
29 | of the 94th General Assembly through June 30, 2007, when any of
| ||||||
30 | the funds listed in subsection (a) have insufficient cash from
| ||||||
31 | which the State Comptroller may make expenditures properly
| ||||||
32 | supported by appropriations from the fund, then the State
| ||||||
33 | Treasurer and State Comptroller shall transfer from the General
| ||||||
34 | Revenue Fund to the fund only such amount as is immediately
|
| |||||||
| |||||||
1 | necessary to satisfy outstanding expenditure obligations on a
| ||||||
2 | timely basis, subject to the provisions of the State Prompt
| ||||||
3 | Payment Act. All or a portion of the amounts transferred from | ||||||
4 | the General Revenue
Fund to a fund pursuant to this subsection | ||||||
5 | (b) from time to
time may be re-transferred by the State | ||||||
6 | Comptroller and the
State Treasurer from the receiving fund | ||||||
7 | into the General
Revenue Fund as soon as and to the extent that | ||||||
8 | deposits are
made into or receipts are collected by the | ||||||
9 | receiving fund.
| ||||||
10 | (30 ILCS 105/8.55) | ||||||
11 | Sec. 8.55. Interfund transfers. On or after July 1, 2004 | ||||||
12 | and until June 30, 2005
2006 , in addition to any other | ||||||
13 | transfers that may be provided for by law, at the direction of | ||||||
14 | and upon notification from the Director of Healthcare and | ||||||
15 | Family Services (formerly Director of Public Aid ) , the State | ||||||
16 | Comptroller shall direct and the State Treasurer shall transfer | ||||||
17 | amounts into the General Revenue Fund from the designated funds | ||||||
18 | not exceeding the following totals: | ||||||
19 | Hospital Provider Fund ........................$36,000,000 | ||||||
20 | Health and Human Services Medicaid Trust Fund .$124,000,000. | ||||||
21 | Transfers of moneys under this Section may not exceed a | ||||||
22 | total of $80,000,000 in any State fiscal year.
| ||||||
23 | (Source: P.A. 93-841, eff. 7-30-04; revised 12-15-05.)
| ||||||
24 | (30 ILCS 105/8g)
| ||||||
25 | Sec. 8g. Fund transfers.
| ||||||
26 | (a) In addition to any other transfers that may be provided | ||||||
27 | for by law, as
soon as may be practical after the effective | ||||||
28 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
29 | State Comptroller shall direct and the State
Treasurer shall | ||||||
30 | transfer the sum of $10,000,000 from the General Revenue Fund
| ||||||
31 | to the Motor Vehicle License Plate Fund created by Senate Bill | ||||||
32 | 1028 of the 91st
General Assembly.
|
| |||||||
| |||||||
1 | (b) In addition to any other transfers that may be provided | ||||||
2 | for by law, as
soon as may be practical after the effective | ||||||
3 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
4 | State Comptroller shall direct and the State
Treasurer shall | ||||||
5 | transfer the sum of $25,000,000 from the General Revenue Fund
| ||||||
6 | to the Fund for Illinois' Future created by Senate Bill 1066 of | ||||||
7 | the 91st
General Assembly.
| ||||||
8 | (c) In addition to any other transfers that may be provided | ||||||
9 | for by law,
on August 30 of each fiscal year's license period, | ||||||
10 | the Illinois Liquor Control
Commission shall direct and the | ||||||
11 | State Comptroller and State Treasurer shall
transfer from the | ||||||
12 | General Revenue Fund to the Youth Alcoholism and Substance
| ||||||
13 | Abuse Prevention Fund an amount equal to the number of retail | ||||||
14 | liquor licenses
issued for that fiscal year multiplied by $50.
| ||||||
15 | (d) The payments to programs required under subsection (d) | ||||||
16 | of Section 28.1
of the Horse Racing Act of 1975 shall be made, | ||||||
17 | pursuant to appropriation, from
the special funds referred to | ||||||
18 | in the statutes cited in that subsection, rather
than directly | ||||||
19 | from the General Revenue Fund.
| ||||||
20 | Beginning January 1, 2000, on the first day of each month, | ||||||
21 | or as soon
as may be practical thereafter, the State | ||||||
22 | Comptroller shall direct and the
State Treasurer shall transfer | ||||||
23 | from the General Revenue Fund to each of the
special funds from | ||||||
24 | which payments are to be made under Section 28.1(d) of the
| ||||||
25 | Horse Racing Act of 1975 an amount equal to 1/12 of the annual | ||||||
26 | amount required
for those payments from that special fund, | ||||||
27 | which annual amount shall not exceed
the annual amount for | ||||||
28 | those payments from that special fund for the calendar
year | ||||||
29 | 1998. The special funds to which transfers shall be made under | ||||||
30 | this
subsection (d) include, but are not necessarily limited | ||||||
31 | to, the Agricultural
Premium Fund; the Metropolitan Exposition | ||||||
32 | Auditorium and Office Building Fund;
the Fair and Exposition | ||||||
33 | Fund; the Standardbred Breeders Fund; the Thoroughbred
| ||||||
34 | Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
|
| |||||||
| |||||||
1 | (e) In addition to any other transfers that may be provided | ||||||
2 | for by law,
as soon as may be practical after the effective | ||||||
3 | date of this amendatory Act of
the 91st General Assembly, but | ||||||
4 | in no event later than June 30, 2000, the State
Comptroller | ||||||
5 | shall direct and the State Treasurer shall transfer the sum of
| ||||||
6 | $15,000,000 from the General Revenue Fund to the Fund for | ||||||
7 | Illinois' Future.
| ||||||
8 | (f) In addition to any other transfers that may be provided | ||||||
9 | for by law,
as soon as may be practical after the effective | ||||||
10 | date of this amendatory Act of
the 91st General Assembly, but | ||||||
11 | in no event later than June 30, 2000, the State
Comptroller | ||||||
12 | shall direct and the State Treasurer shall transfer the sum of
| ||||||
13 | $70,000,000 from the General Revenue Fund to the Long-Term Care | ||||||
14 | Provider
Fund.
| ||||||
15 | (f-1) In fiscal year 2002, in addition to any other | ||||||
16 | transfers that may
be provided for by law, at the direction of | ||||||
17 | and upon notification from the
Governor, the State Comptroller | ||||||
18 | shall direct and the State Treasurer shall
transfer amounts not | ||||||
19 | exceeding a total of $160,000,000 from the General
Revenue Fund | ||||||
20 | to the Long-Term Care Provider Fund.
| ||||||
21 | (g) In addition to any other transfers that may be provided | ||||||
22 | for by law,
on July 1, 2001, or as soon thereafter as may be | ||||||
23 | practical, the State
Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer the sum of
$1,200,000 from the General | ||||||
25 | Revenue Fund to the Violence Prevention Fund.
| ||||||
26 | (h) In each of fiscal years 2002 through 2004, but not
| ||||||
27 | thereafter, in
addition to any other transfers that may be | ||||||
28 | provided for by law, the State
Comptroller shall direct and the | ||||||
29 | State Treasurer shall transfer $5,000,000
from the General | ||||||
30 | Revenue Fund to the Tourism Promotion Fund.
| ||||||
31 | (i) On or after July 1, 2001 and until May 1, 2002, in | ||||||
32 | addition to any
other transfers that may be provided for by | ||||||
33 | law, at the direction of and upon
notification from the | ||||||
34 | Governor, the State Comptroller shall direct and the
State |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | Treasurer shall transfer amounts not exceeding a total of | |||||||||||||||||||||||||||||||||||||||||
2 | $80,000,000
from the General Revenue Fund to the Tobacco | |||||||||||||||||||||||||||||||||||||||||
3 | Settlement Recovery Fund.
Any amounts so transferred shall be | |||||||||||||||||||||||||||||||||||||||||
4 | re-transferred by the State Comptroller
and the State Treasurer | |||||||||||||||||||||||||||||||||||||||||
5 | from the Tobacco Settlement Recovery Fund to the
General | |||||||||||||||||||||||||||||||||||||||||
6 | Revenue Fund at the direction of and upon notification from the
| |||||||||||||||||||||||||||||||||||||||||
7 | Governor, but in any event on or before June 30, 2002.
| |||||||||||||||||||||||||||||||||||||||||
8 | (i-1) On or after July 1, 2002 and until May 1, 2003, in | |||||||||||||||||||||||||||||||||||||||||
9 | addition to any
other transfers that may be provided for by | |||||||||||||||||||||||||||||||||||||||||
10 | law, at the direction of and upon
notification from the | |||||||||||||||||||||||||||||||||||||||||
11 | Governor, the State Comptroller shall direct and the
State | |||||||||||||||||||||||||||||||||||||||||
12 | Treasurer shall transfer amounts not exceeding a total of | |||||||||||||||||||||||||||||||||||||||||
13 | $80,000,000
from the General Revenue Fund to the Tobacco | |||||||||||||||||||||||||||||||||||||||||
14 | Settlement Recovery Fund.
Any amounts so transferred shall be | |||||||||||||||||||||||||||||||||||||||||
15 | re-transferred by the State Comptroller
and the State Treasurer | |||||||||||||||||||||||||||||||||||||||||
16 | from the Tobacco Settlement Recovery Fund to the
General | |||||||||||||||||||||||||||||||||||||||||
17 | Revenue Fund at the direction of and upon notification from the
| |||||||||||||||||||||||||||||||||||||||||
18 | Governor, but in any event on or before June 30, 2003.
| |||||||||||||||||||||||||||||||||||||||||
19 | (j) On or after July 1, 2001 and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||
20 | 2002, in addition to
any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||
21 | for by law, at the direction of and
upon notification from the | |||||||||||||||||||||||||||||||||||||||||
22 | Governor, the State Comptroller shall direct and the
State | |||||||||||||||||||||||||||||||||||||||||
23 | Treasurer shall transfer amounts not to exceed the following | |||||||||||||||||||||||||||||||||||||||||
24 | sums into
the Statistical Services Revolving Fund:
| |||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
12 | (k) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||
13 | for by law,
as soon as may be practical after the effective | |||||||||||||||||||||||||||||||||||||||||||||
14 | date of this amendatory Act of
the 92nd General Assembly, the | |||||||||||||||||||||||||||||||||||||||||||||
15 | State Comptroller shall direct and the State
Treasurer shall | |||||||||||||||||||||||||||||||||||||||||||||
16 | transfer the sum of $2,000,000 from the General Revenue Fund
to | |||||||||||||||||||||||||||||||||||||||||||||
17 | the Teachers Health Insurance Security Fund.
| |||||||||||||||||||||||||||||||||||||||||||||
18 | (k-1) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||
19 | provided for by
law, on July 1, 2002, or as soon as may be | |||||||||||||||||||||||||||||||||||||||||||||
20 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||||||||||||||||||||||||||||||
21 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||||||
22 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||||||
23 | Security Fund.
| |||||||||||||||||||||||||||||||||||||||||||||
24 | (k-2) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||
25 | provided for by
law, on July 1, 2003, or as soon as may be | |||||||||||||||||||||||||||||||||||||||||||||
26 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||||||||||||||||||||||||||||||
27 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||||||
28 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||||||
29 | Security Fund.
| |||||||||||||||||||||||||||||||||||||||||||||
30 | (k-3) On or after July 1, 2002 and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||||||
31 | 2003, in
addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||
32 | for by law, at the
direction of and upon notification from the | |||||||||||||||||||||||||||||||||||||||||||||
33 | Governor, the State Comptroller
shall direct and the State | |||||||||||||||||||||||||||||||||||||||||||||
34 | Treasurer shall transfer amounts not to exceed the
following |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | sums into the Statistical Services Revolving Fund:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (l) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | for by law, on
July 1, 2002, or as soon as may be practical | |||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | thereafter, the State Comptroller
shall direct and the State | |||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Treasurer shall transfer the sum of $3,000,000 from
the General | |||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Revenue Fund to the Presidential Library and Museum Operating
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Fund.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | (m) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | for by law, on
July 1, 2002 and on the effective date of this | |||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | amendatory Act of the 93rd
General Assembly, or as soon | |||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | thereafter as may be practical, the State Comptroller
shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | direct and the State Treasurer shall transfer the sum of | |||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | $1,200,000 from
the General Revenue Fund to the Violence | |||||||||||||||||||||||||||||||||||||||||||||||||||||
27 | Prevention Fund.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
28 | (n) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
29 | for by law,
on July 1,
2003, or as soon thereafter as may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||
30 | practical, the State Comptroller shall
direct and the
State | |||||||||||||||||||||||||||||||||||||||||||||||||||||
31 | Treasurer shall transfer the sum of $6,800,000 from the General | |||||||||||||||||||||||||||||||||||||||||||||||||||||
32 | Revenue
Fund to
the DHS Recoveries Trust Fund.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
33 | (o) On or after July 1, 2003, and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||||||||||||||
34 | 2004, in
addition to any
other transfers that may be provided |
| |||||||
| |||||||
1 | for by law, at the direction of and upon
notification
from the | ||||||
2 | Governor, the State Comptroller shall direct and the State | ||||||
3 | Treasurer
shall
transfer amounts not to exceed the following | ||||||
4 | sums into the Vehicle Inspection
Fund:
| ||||||
| |||||||
6 | (p) On or after July 1, 2003 and until May 1, 2004, in | ||||||
7 | addition to any
other
transfers that may be provided for by | ||||||
8 | law, at the direction of and upon
notification from
the | ||||||
9 | Governor, the State Comptroller shall direct and the State | ||||||
10 | Treasurer shall
transfer
amounts not exceeding a total of | ||||||
11 | $80,000,000 from the General Revenue Fund to
the
Tobacco | ||||||
12 | Settlement Recovery Fund. Any amounts so transferred shall be
| ||||||
13 | re-transferred
from the Tobacco Settlement Recovery Fund to the | ||||||
14 | General Revenue Fund at the
direction of and upon notification | ||||||
15 | from the Governor, but in any event on or
before June
30, 2004.
| ||||||
16 | (q) In addition to any other transfers that may be provided | ||||||
17 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
18 | thereafter, the State Comptroller shall
direct and the
State | ||||||
19 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
20 | Revenue
Fund to
the Illinois Military Family Relief Fund.
| ||||||
21 | (r) In addition to any other transfers that may be provided | ||||||
22 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
23 | thereafter, the State Comptroller shall
direct and the
State | ||||||
24 | Treasurer shall transfer the sum of $1,922,000 from the General | ||||||
25 | Revenue
Fund to
the Presidential Library and Museum Operating | ||||||
26 | Fund.
| ||||||
27 | (s) In addition to any other transfers that may be provided | ||||||
28 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
29 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
30 | $4,800,000 from the Statewide Economic Development Fund to the | ||||||
31 | General
Revenue Fund.
| ||||||
32 | (t) In addition to any other transfers that may be provided | ||||||
33 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
34 | shall direct and the State Treasurer shall
transfer the
sum of |
| |||||||
| |||||||
1 | $50,000,000 from the General Revenue Fund to the Budget | ||||||
2 | Stabilization
Fund.
| ||||||
3 | (u) On or after July 1, 2004 and until May 1, 2005, in | ||||||
4 | addition to any other transfers that may be provided for by | ||||||
5 | law, at the direction of and upon notification from the | ||||||
6 | Governor, the State Comptroller shall direct and the State | ||||||
7 | Treasurer shall transfer amounts not exceeding a total of | ||||||
8 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
9 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
10 | retransferred by the State Comptroller and the State Treasurer | ||||||
11 | from the Tobacco Settlement Recovery Fund to the General | ||||||
12 | Revenue Fund at the direction of and upon notification from the | ||||||
13 | Governor, but in any event on or before June 30, 2005.
| ||||||
14 | (v) In addition to any other transfers that may be provided | ||||||
15 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
16 | practical, the State Comptroller shall direct and the State | ||||||
17 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
18 | Revenue Fund to the Violence Prevention Fund. | ||||||
19 | (w) In addition to any other transfers that may be provided | ||||||
20 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
21 | practical, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer the sum of $6,445,000 from the General | ||||||
23 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
24 | Fund.
| ||||||
25 | (x) In addition to any other transfers that may be provided | ||||||
26 | for by law, on January 15, 2005, or as soon thereafter as may | ||||||
27 | be practical, the State Comptroller shall direct and the State | ||||||
28 | Treasurer shall transfer to the General Revenue Fund the | ||||||
29 | following sums: | ||||||
30 | From the State Crime Laboratory Fund, $200,000; | ||||||
31 | From the State Police Wireless Service Emergency Fund, | ||||||
32 | $200,000; | ||||||
33 | From the State Offender DNA Identification System | ||||||
34 | Fund, $800,000; and |
| |||||||
| |||||||
1 | From the State Police Whistleblower Reward and | ||||||
2 | Protection Fund, $500,000.
| ||||||
3 | (y) Notwithstanding any other provision of law to the | ||||||
4 | contrary, in addition to any other transfers that may be | ||||||
5 | provided for by law on June 30, 2005, or as soon as may be | ||||||
6 | practical thereafter, the State Comptroller shall direct and | ||||||
7 | the State Treasurer shall transfer the remaining balance from | ||||||
8 | the designated funds into the General Revenue Fund and any | ||||||
9 | future deposits that would otherwise be made into these funds | ||||||
10 | must instead be made into the General Revenue Fund:
| ||||||
11 | (1) the Keep Illinois Beautiful Fund;
| ||||||
12 | (2) the
Metropolitan Fair and Exposition Authority | ||||||
13 | Reconstruction Fund; | ||||||
14 | (3) the
New Technology Recovery Fund; | ||||||
15 | (4) the Illinois Rural Bond Bank Trust Fund; | ||||||
16 | (5) the ISBE School Bus Driver Permit Fund; | ||||||
17 | (6) the
Solid Waste Management Revolving Loan Fund; | ||||||
18 | (7)
the State Postsecondary Review Program Fund; | ||||||
19 | (8) the
Tourism Attraction Development Matching Grant | ||||||
20 | Fund; | ||||||
21 | (9) the
Patent and Copyright Fund; | ||||||
22 | (10) the
Credit Enhancement Development Fund; | ||||||
23 | (11) the
Community Mental Health and Developmental | ||||||
24 | Disabilities Services Provider Participation Fee Trust | ||||||
25 | Fund; | ||||||
26 | (12) the
Nursing Home Grant Assistance Fund; | ||||||
27 | (13) the
By-product Material Safety Fund; | ||||||
28 | (14) the
Illinois Student Assistance Commission Higher | ||||||
29 | EdNet Fund; | ||||||
30 | (15) the
DORS State Project Fund; | ||||||
31 | (16) the School Technology Revolving Fund; | ||||||
32 | (17) the
Energy Assistance Contribution Fund; | ||||||
33 | (18) the
Illinois Building Commission Revolving Fund; | ||||||
34 | (19) the
Illinois Aquaculture Development Fund; |
| |||||||
| |||||||
1 | (20) the
Homelessness Prevention Fund; | ||||||
2 | (21) the
DCFS Refugee Assistance Fund; | ||||||
3 | (22) the
Illinois Century Network Special Purposes | ||||||
4 | Fund; and | ||||||
5 | (23) the
Build Illinois Purposes Fund.
| ||||||
6 | (z) In addition to any other transfers that may be provided | ||||||
7 | for by law, on July 1, 2005, or as soon as may be practical | ||||||
8 | thereafter, the State Comptroller shall direct and the State | ||||||
9 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
10 | Revenue Fund to the Violence Prevention Fund.
| ||||||
11 | (aa) In addition to any other transfers that may be | ||||||
12 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
13 | practical thereafter, the State Comptroller shall direct and | ||||||
14 | the State Treasurer shall transfer the sum of $9,000,000 from | ||||||
15 | the General Revenue Fund to the Presidential Library and Museum | ||||||
16 | Operating Fund.
| ||||||
17 | (bb) In addition to any other transfers that may be | ||||||
18 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
19 | practical thereafter, the State Comptroller shall direct and | ||||||
20 | the State Treasurer shall transfer the sum of $6,803,600 from | ||||||
21 | the General Revenue Fund to the Securities Audit and | ||||||
22 | Enforcement Fund.
| ||||||
23 | (cc) In addition to any other transfers that may be | ||||||
24 | provided for by law, on or after July 1, 2005 and until May 1, | ||||||
25 | 2006, at the direction of and upon notification from the | ||||||
26 | Governor, the State Comptroller shall direct and the State | ||||||
27 | Treasurer shall transfer amounts not exceeding a total of | ||||||
28 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
29 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
30 | re-transferred by the State Comptroller and the State Treasurer | ||||||
31 | from the Tobacco Settlement Recovery Fund to the General | ||||||
32 | Revenue Fund at the direction of and upon notification from the | ||||||
33 | Governor, but in any event on or before June 30, 2006.
| ||||||
34 | (dd)
(y) In addition to any other transfers that may be |
| |||||||
| |||||||
1 | provided for by law, on April 1, 2005, or as soon thereafter as | ||||||
2 | may be practical, at the direction of the Director of Public | ||||||
3 | Aid (now Director of Healthcare and Family Services) , the State | ||||||
4 | Comptroller shall direct and the State Treasurer shall transfer | ||||||
5 | from the Public Aid Recoveries Trust Fund amounts not to exceed | ||||||
6 | $14,000,000 to the Community Mental Health Medicaid Trust Fund. | ||||||
7 | (ee) Notwithstanding any other provision of law, on July 1, | ||||||
8 | 2006, or as soon thereafter as practical, the State Comptroller | ||||||
9 | shall direct and the State Treasurer shall transfer the | ||||||
10 | remaining balance from the Illinois Civic Center Bond Fund to | ||||||
11 | the Illinois Civic Center Bond Retirement and Interest Fund. | ||||||
12 | (ff) In addition to any other transfers that may be | ||||||
13 | provided for by law, on and after July 1, 2006 and until June | ||||||
14 | 30, 2007, at the direction of and upon notification from the | ||||||
15 | Director of the Governor's Office of Management and Budget, the | ||||||
16 | State Comptroller shall direct and the State Treasurer shall | ||||||
17 | transfer amounts not exceeding a total of $1,900,000 from the | ||||||
18 | General Revenue Fund to the Illinois Capital Revolving Loan | ||||||
19 | Fund. | ||||||
20 | (gg) In addition to any other transfers that may be | ||||||
21 | provided for by law, on and after July 1, 2006 and until May 1, | ||||||
22 | 2007, at the direction of and upon notification from the | ||||||
23 | Governor, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer amounts not exceeding a total of | ||||||
25 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
26 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
27 | retransferred by the State Comptroller and the State Treasurer | ||||||
28 | from the Tobacco Settlement Recovery Fund to the General | ||||||
29 | Revenue Fund at the direction of and upon notification from the | ||||||
30 | Governor, but in any event on or before June 30, 2007. | ||||||
31 | (hh) In addition to any other transfers that may be | ||||||
32 | provided for by law, on and after July 1, 2006 and until June | ||||||
33 | 30, 2007, at the direction of and upon notification from the | ||||||
34 | Governor, the State Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
2 | Housing Trust Fund to the designated funds not exceeding the | ||||||
3 | following amounts: | ||||||
4 | DCFS Children's Services Fund .................$2,200,000
| ||||||
5 | Department of Corrections Reimbursement | ||||||
6 | and Education Fund ........................$1,500,000
| ||||||
7 | Supplemental Low-Income Energy | ||||||
8 | Assistance Fund ..............................$75,000
| ||||||
9 | (ii) In addition to any other transfers that may be | ||||||
10 | provided for by law, on or before August 31, 2006, the Governor | ||||||
11 | and the State Comptroller may agree to transfer the surplus | ||||||
12 | cash balance from the General Revenue Fund to the Budget | ||||||
13 | Stabilization Fund and the Pension Stabilization Fund in equal | ||||||
14 | proportions. The determination of the amount of the surplus | ||||||
15 | cash balance shall be made by the Governor, with the | ||||||
16 | concurrence of the State Comptroller, after taking into account | ||||||
17 | the June 30, 2006 balances in the general funds and the actual | ||||||
18 | or estimated spending from the general funds during the lapse | ||||||
19 | period. Notwithstanding the foregoing, the maximum amount that | ||||||
20 | may be transferred under this subsection (ii) is $50,000,000. | ||||||
21 | (jj) In addition to any other transfers that may be | ||||||
22 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
23 | practical, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
25 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
26 | Fund. | ||||||
27 | (kk) In addition to any other transfers that may be | ||||||
28 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
29 | practical, the State Comptroller shall direct and the State | ||||||
30 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
31 | Revenue Fund to the Violence Prevention Fund.
| ||||||
32 | (ll) In addition to any other transfers that may be | ||||||
33 | provided for by law, on the first day of each calendar quarter | ||||||
34 | of the fiscal year beginning July 1, 2006, or as soon |
| |||||||
| |||||||
1 | thereafter as practical, the State Comptroller shall direct and | ||||||
2 | the State Treasurer shall transfer from the General Revenue | ||||||
3 | Fund amounts equal to one-fourth of $20,000,000 to the | ||||||
4 | Renewable Energy Resources Trust Fund. | ||||||
5 | (mm) In addition to any other transfers that may be | ||||||
6 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
7 | practical, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
9 | Revenue Fund to the I-FLY Fund. | ||||||
10 | (nn) In addition to any other transfers that may be | ||||||
11 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
12 | practical, the State Comptroller shall direct and the State | ||||||
13 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
14 | Revenue Fund to the African-American HIV/AIDS Response Fund. | ||||||
15 | (oo) In addition to any other transfers that may be | ||||||
16 | provided for by law, on and after July 1, 2006 and until June | ||||||
17 | 30, 2007, at the direction of and upon notification from the | ||||||
18 | Governor, the State Comptroller shall direct and the State | ||||||
19 | Treasurer shall transfer amounts identified as net receipts | ||||||
20 | from the sale of all or part of the Illinois Student Assistance | ||||||
21 | Commission loan portfolio from the Student Loan Operating Fund | ||||||
22 | to the General Revenue Fund. The maximum amount that may be | ||||||
23 | transferred pursuant to this Section is $38,800,000. In | ||||||
24 | addition, no transfer may be made pursuant to this Section that | ||||||
25 | would have the effect of reducing the available balance in the | ||||||
26 | Student Loan Operating Fund to an amount less than the amount | ||||||
27 | remaining unexpended and unreserved from the total | ||||||
28 | appropriations from the Fund estimated to be expended for the | ||||||
29 | fiscal year. The State Treasurer and Comptroller shall transfer | ||||||
30 | the amounts designated under this Section as soon as may be | ||||||
31 | practical after receiving the direction to transfer from the | ||||||
32 | Governor.
| ||||||
33 | (Source: P.A. 93-32, eff. 6-20-03; 93-648, eff. 1-8-04; 93-839, | ||||||
34 | eff. 7-30-04; 93-1067, eff. 1-15-05; 94-58, eff. 6-17-05; |
| |||||||
| |||||||
1 | 94-91, eff. 7-1-05; revised 12-15-05.)
| ||||||
2 | (30 ILCS 105/8h)
| ||||||
3 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
4 | (a) Except as provided in subsection (b), (c), (d), or (e), | ||||||
5 | notwithstanding any other
State law to the contrary, the | ||||||
6 | Governor
may, through June 30, 2007, from time to time direct | ||||||
7 | the State Treasurer and Comptroller to transfer
a specified sum | ||||||
8 | from any fund held by the State Treasurer to the General
| ||||||
9 | Revenue Fund in order to help defray the State's operating | ||||||
10 | costs for the
fiscal year. The total transfer under this | ||||||
11 | Section from any fund in any
fiscal year shall not exceed the | ||||||
12 | lesser of (i) 8% of the revenues to be deposited
into the fund | ||||||
13 | during that fiscal year or (ii) an amount that leaves a | ||||||
14 | remaining fund balance of 25% of the July 1 fund balance of | ||||||
15 | that fiscal year. In fiscal year 2005 only, prior to | ||||||
16 | calculating the July 1, 2004 final balances, the Governor may | ||||||
17 | calculate and direct the State Treasurer with the Comptroller | ||||||
18 | to transfer additional amounts determined by applying the | ||||||
19 | formula authorized in Public Act 93-839 to the funds balances | ||||||
20 | on July 1, 2003.
No transfer may be made from a fund under this | ||||||
21 | Section that would have the
effect of reducing the available | ||||||
22 | balance in the fund to an amount less than
the amount remaining | ||||||
23 | unexpended and unreserved from the total appropriation
from | ||||||
24 | that fund estimated to be expended for that fiscal year. This | ||||||
25 | Section does not apply to any
funds that are restricted by | ||||||
26 | federal law to a specific use, to any funds in
the Motor Fuel | ||||||
27 | Tax Fund, the Intercity Passenger Rail Fund, the Hospital | ||||||
28 | Provider Fund, the Medicaid Provider Relief Fund, the Teacher | ||||||
29 | Health Insurance Security Fund, the Reviewing Court | ||||||
30 | Alternative Dispute Resolution Fund, or the Voters' Guide Fund, | ||||||
31 | the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||||||
32 | Program Fund, the Supreme Court Federal Projects Fund, the | ||||||
33 | Supreme Court Special State Projects Fund, or the Low-Level |
| |||||||
| |||||||
1 | Radioactive Waste Facility Development and Operation Fund, or | ||||||
2 | the Hospital Basic Services Preservation Fund, or to any
funds | ||||||
3 | to which subsection (f) of Section 20-40 of the Nursing and | ||||||
4 | Advanced Practice Nursing Act applies. No transfers may be made | ||||||
5 | under this Section from the Pet Population Control Fund. | ||||||
6 | Notwithstanding any
other provision of this Section, for fiscal | ||||||
7 | year 2004,
the total transfer under this Section from the Road | ||||||
8 | Fund or the State
Construction Account Fund shall not exceed | ||||||
9 | the lesser of (i) 5% of the revenues to be deposited
into the | ||||||
10 | fund during that fiscal year or (ii) 25% of the beginning | ||||||
11 | balance in the fund.
For fiscal year 2005 through fiscal year | ||||||
12 | 2007, no amounts may be transferred under this Section from the | ||||||
13 | Road Fund, the State Construction Account Fund, the Criminal | ||||||
14 | Justice Information Systems Trust Fund, the Wireless Service | ||||||
15 | Emergency Fund, or the Mandatory Arbitration Fund.
| ||||||
16 | In determining the available balance in a fund, the | ||||||
17 | Governor
may include receipts, transfers into the fund, and | ||||||
18 | other
resources anticipated to be available in the fund in that | ||||||
19 | fiscal year.
| ||||||
20 | The State Treasurer and Comptroller shall transfer the | ||||||
21 | amounts designated
under this Section as soon as may be | ||||||
22 | practicable after receiving the direction
to transfer from the | ||||||
23 | Governor.
| ||||||
24 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
25 | Cure Fund ; (ii)
or to any fund established under the Community | ||||||
26 | Senior Services and Resources Act; or (iii)
(ii) on or after | ||||||
27 | January 1, 2006 ( the effective date of Public Act 94-511)
this | ||||||
28 | amendatory Act of the 94th General Assembly , the Child Labor | ||||||
29 | and Day and Temporary Labor Enforcement Fund. | ||||||
30 | (c) This Section does not apply to the Demutualization | ||||||
31 | Trust Fund established under the Uniform Disposition of | ||||||
32 | Unclaimed Property Act.
| ||||||
33 | (d)
(c) This Section does not apply to moneys set aside in | ||||||
34 | the Illinois State Podiatric Disciplinary Fund for podiatric |
| |||||||
| |||||||
1 | scholarships and residency programs under the Podiatric | ||||||
2 | Scholarship and Residency Act. | ||||||
3 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
4 | be made under this Section from, the Pension Stabilization | ||||||
5 | Fund.
| ||||||
6 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
7 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
8 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
9 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
10 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
11 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
12 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
| ||||||
13 | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
| ||||||
14 | Sec. 13.2. Transfers among line item appropriations.
| ||||||
15 | (a) Transfers among line item appropriations from the same
| ||||||
16 | treasury fund for the objects specified in this Section may be | ||||||
17 | made in
the manner provided in this Section when the balance | ||||||
18 | remaining in one or
more such line item appropriations is | ||||||
19 | insufficient for the purpose for
which the appropriation was | ||||||
20 | made.
| ||||||
21 | (a-1) No transfers may be made from one
agency to another | ||||||
22 | agency, nor may transfers be made from one institution
of | ||||||
23 | higher education to another institution of higher education.
| ||||||
24 | (a-2) Except as otherwise provided in this Section, | ||||||
25 | transfers may be made only among the objects of expenditure | ||||||
26 | enumerated
in this Section, except that no funds may be | ||||||
27 | transferred from any
appropriation for personal services, from | ||||||
28 | any appropriation for State
contributions to the State | ||||||
29 | Employees' Retirement System, from any
separate appropriation | ||||||
30 | for employee retirement contributions paid by the
employer, nor | ||||||
31 | from any appropriation for State contribution for
employee | ||||||
32 | group insurance. During State fiscal year 2005, an agency may | ||||||
33 | transfer amounts among its appropriations within the same |
| |||||||
| |||||||
1 | treasury fund for personal services, employee retirement | ||||||
2 | contributions paid by employer, and State Contributions to | ||||||
3 | retirement systems; notwithstanding and in addition to the | ||||||
4 | transfers authorized in subsection (c) of this Section, the | ||||||
5 | fiscal year 2005 transfers authorized in this sentence may be | ||||||
6 | made in an amount not to exceed 2% of the aggregate amount | ||||||
7 | appropriated to an agency within the same treasury fund. During | ||||||
8 | State fiscal year 2007, the Departments of Children and Family | ||||||
9 | Services, Corrections, Human Services, and Juvenile Justice | ||||||
10 | may transfer amounts among their respective appropriations | ||||||
11 | within the same treasury fund for personal services, employee | ||||||
12 | retirement contributions paid by employer, and State | ||||||
13 | contributions to retirement systems. Notwithstanding, and in | ||||||
14 | addition to, the transfers authorized in subsection (c) of this | ||||||
15 | Section, these transfers may be made in an amount not to exceed | ||||||
16 | 2% of the aggregate amount appropriated to an agency within the | ||||||
17 | same treasury fund.
| ||||||
18 | (a-3) Further, if an agency receives a separate
| ||||||
19 | appropriation for employee retirement contributions paid by | ||||||
20 | the employer,
any transfer by that agency into an appropriation | ||||||
21 | for personal services
must be accompanied by a corresponding | ||||||
22 | transfer into the appropriation for
employee retirement | ||||||
23 | contributions paid by the employer, in an amount
sufficient to | ||||||
24 | meet the employer share of the employee contributions
required | ||||||
25 | to be remitted to the retirement system.
| ||||||
26 | (b) In addition to the general transfer authority provided | ||||||
27 | under
subsection (c), the following agencies have the specific | ||||||
28 | transfer authority
granted in this subsection:
| ||||||
29 | The Illinois Department of Healthcare and Family Services
| ||||||
30 | Public Aid is authorized to make transfers
representing savings | ||||||
31 | attributable to not increasing grants due to the
births of | ||||||
32 | additional children from line items for payments of cash grants | ||||||
33 | to
line items for payments for employment and social services | ||||||
34 | for the purposes
outlined in subsection (f) of Section 4-2 of |
| |||||||
| |||||||
1 | the Illinois Public Aid Code.
| ||||||
2 | The Department of Children and Family Services is | ||||||
3 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
4 | amount appropriated to it within
the same treasury fund for the | ||||||
5 | following line items among these same line
items: Foster Home | ||||||
6 | and Specialized Foster Care and Prevention, Institutions
and | ||||||
7 | Group Homes and Prevention, and Purchase of Adoption and | ||||||
8 | Guardianship
Services.
| ||||||
9 | The Department on Aging is authorized to make transfers not
| ||||||
10 | exceeding 2% of the aggregate amount appropriated to it within | ||||||
11 | the same
treasury fund for the following Community Care Program | ||||||
12 | line items among these
same line items: Homemaker and Senior | ||||||
13 | Companion Services, Alternative Senior Services, Case | ||||||
14 | Coordination
Units, and Adult Day Care Services.
| ||||||
15 | The State Treasurer is authorized to make transfers among | ||||||
16 | line item
appropriations
from the Capital Litigation Trust | ||||||
17 | Fund, with respect to costs incurred in
fiscal years 2002 and | ||||||
18 | 2003 only, when the balance remaining in one or
more such
line | ||||||
19 | item appropriations is insufficient for the purpose for which | ||||||
20 | the
appropriation was
made, provided that no such transfer may | ||||||
21 | be made unless the amount transferred
is no
longer required for | ||||||
22 | the purpose for which that appropriation was made.
| ||||||
23 | (c) The sum of such transfers for an agency in a fiscal | ||||||
24 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
25 | to it within the same treasury
fund for the following objects: | ||||||
26 | Personal Services; Extra Help; Student and
Inmate | ||||||
27 | Compensation; State Contributions to Retirement Systems; State
| ||||||
28 | Contributions to Social Security; State Contribution for | ||||||
29 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
30 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
31 | Operation of Automotive Equipment;
Telecommunications | ||||||
32 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
33 | Discharged Prisoners; Library Books; Federal Matching Grants | ||||||
34 | for
Student Loans; Refunds; Workers' Compensation, |
| |||||||
| |||||||
1 | Occupational Disease, and
Tort Claims; and, in appropriations | ||||||
2 | to institutions of higher education,
Awards and Grants. | ||||||
3 | Notwithstanding the above, any amounts appropriated for
| ||||||
4 | payment of workers' compensation claims to an agency to which | ||||||
5 | the authority
to evaluate, administer and pay such claims has | ||||||
6 | been delegated by the
Department of Central Management Services | ||||||
7 | may be transferred to any other
expenditure object where such | ||||||
8 | amounts exceed the amount necessary for the
payment of such | ||||||
9 | claims.
| ||||||
10 | (c-1) Special provisions for State fiscal year 2003. | ||||||
11 | Notwithstanding any
other provision of this Section to the | ||||||
12 | contrary, for State fiscal year 2003
only, transfers among line | ||||||
13 | item appropriations to an agency from the same
treasury fund | ||||||
14 | may be made provided that the sum of such transfers for an | ||||||
15 | agency
in State fiscal year 2003 shall not exceed 3% of the | ||||||
16 | aggregate amount
appropriated to that State agency for State | ||||||
17 | fiscal year 2003 for the following
objects: personal services, | ||||||
18 | except that no transfer may be approved which
reduces the | ||||||
19 | aggregate appropriations for personal services within an | ||||||
20 | agency;
extra help; student and inmate compensation; State
| ||||||
21 | contributions to retirement systems; State contributions to | ||||||
22 | social security;
State contributions for employee group | ||||||
23 | insurance; contractual services; travel;
commodities; | ||||||
24 | printing; equipment; electronic data processing; operation of
| ||||||
25 | automotive equipment; telecommunications services; travel and | ||||||
26 | allowance for
committed, paroled, and discharged prisoners; | ||||||
27 | library books; federal matching
grants for student loans; | ||||||
28 | refunds; workers' compensation, occupational disease,
and tort | ||||||
29 | claims; and, in appropriations to institutions of higher | ||||||
30 | education,
awards and grants.
| ||||||
31 | (c-2) Special provisions for State fiscal year 2005. | ||||||
32 | Notwithstanding subsections (a), (a-2), and (c), for State | ||||||
33 | fiscal year 2005 only, transfers may be made among any line | ||||||
34 | item appropriations from the same or any other treasury fund |
| |||||||
| |||||||
1 | for any objects or purposes, without limitation, when the | ||||||
2 | balance remaining in one or more such line item appropriations | ||||||
3 | is insufficient for the purpose for which the appropriation was | ||||||
4 | made, provided that the sum of those transfers by a State | ||||||
5 | agency shall not exceed 4% of the aggregate amount appropriated | ||||||
6 | to that State agency for fiscal year 2005.
| ||||||
7 | (d) Transfers among appropriations made to agencies of the | ||||||
8 | Legislative
and Judicial departments and to the | ||||||
9 | constitutionally elected officers in the
Executive branch | ||||||
10 | require the approval of the officer authorized in Section 10
of | ||||||
11 | this Act to approve and certify vouchers. Transfers among | ||||||
12 | appropriations
made to the University of Illinois, Southern | ||||||
13 | Illinois University, Chicago State
University, Eastern | ||||||
14 | Illinois University, Governors State University, Illinois
| ||||||
15 | State University, Northeastern Illinois University, Northern | ||||||
16 | Illinois
University, Western Illinois University, the Illinois | ||||||
17 | Mathematics and Science
Academy and the Board of Higher | ||||||
18 | Education require the approval of the Board of
Higher Education | ||||||
19 | and the Governor. Transfers among appropriations to all other
| ||||||
20 | agencies require the approval of the Governor.
| ||||||
21 | The officer responsible for approval shall certify that the
| ||||||
22 | transfer is necessary to carry out the programs and purposes | ||||||
23 | for which
the appropriations were made by the General Assembly | ||||||
24 | and shall transmit
to the State Comptroller a certified copy of | ||||||
25 | the approval which shall
set forth the specific amounts | ||||||
26 | transferred so that the Comptroller may
change his records | ||||||
27 | accordingly. The Comptroller shall furnish the
Governor with | ||||||
28 | information copies of all transfers approved for agencies
of | ||||||
29 | the Legislative and Judicial departments and transfers | ||||||
30 | approved by
the constitutionally elected officials of the | ||||||
31 | Executive branch other
than the Governor, showing the amounts | ||||||
32 | transferred and indicating the
dates such changes were entered | ||||||
33 | on the Comptroller's records.
| ||||||
34 | (Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03; |
| |||||||
| |||||||
1 | 93-680, eff. 7-1-04; 93-839, eff. 7-30-04; revised 12-15-05.)
| ||||||
2 | (30 ILCS 105/5.344 rep.)
| ||||||
3 | Section 5-45. The State Finance Act is amended by repealing | ||||||
4 | Section 5.344 on September 1, 2006. | ||||||
5 | Section 5-46. The Budget Stabilization Act is amended by | ||||||
6 | changing Sections 10 and 15 and adding Sections 20 and 25 as | ||||||
7 | follows: | ||||||
8 | (30 ILCS 122/10)
| ||||||
9 | Sec. 10. Budget limitations.
| ||||||
10 | (a) In addition to Section 50-5 of the State Budget Law
of | ||||||
11 | the Civil Administrative Code of Illinois, the General
| ||||||
12 | Assembly's appropriations and transfers or diversions as | ||||||
13 | required by
law from general funds shall not exceed
99%
99.5% | ||||||
14 | of the estimated general funds revenues for the fiscal
year | ||||||
15 | when revenue estimates of the State's general funds
revenues | ||||||
16 | exceed the prior fiscal year's estimated general
funds revenues | ||||||
17 | by more than 4%.
| ||||||
18 | (b) The General Assembly's appropriations and transfers or
| ||||||
19 | diversions as required by law from general
funds shall not | ||||||
20 | exceed 98%
99% of the estimated general funds
revenues for the | ||||||
21 | fiscal year when revenue estimates of the
State's general funds | ||||||
22 | revenues exceed the prior fiscal year's
estimated general funds | ||||||
23 | revenues by more than 4% for 2 or
more consecutive fiscal | ||||||
24 | years.
| ||||||
25 | (c) For the purpose of this Act, "estimated general funds | ||||||
26 | revenues"
include, for each budget year, all taxes, fees, and | ||||||
27 | other revenues
expected to be deposited into the State's | ||||||
28 | general funds, including
recurring transfers from other State | ||||||
29 | funds into the general funds.
| ||||||
30 | Year-over-year comparisons used to determine the | ||||||
31 | percentage growth
factor of estimated general funds revenues |
| |||||||
| |||||||
1 | shall exclude the sum of the
following: (i) expected revenues | ||||||
2 | resulting from new taxes or fees or
from tax or fee increases | ||||||
3 | during the first year of the change, (ii)
expected revenues | ||||||
4 | resulting from one-time receipts or non-recurring
transfers | ||||||
5 | in, (iii) expected proceeds resulting from borrowing, and
(iv) | ||||||
6 | increases in federal grants that must be completely | ||||||
7 | appropriated
based on the terms of the grants.
| ||||||
8 | (Source: P.A. 93-660, eff. 7-1-04 .) | ||||||
9 | (30 ILCS 122/15)
| ||||||
10 | Sec. 15. Transfers to Budget Stabilization Fund.
In | ||||||
11 | furtherance of the State's objective for the Budget | ||||||
12 | Stabilization
Fund to have resources representing 5% of the | ||||||
13 | State's annual general
funds revenues:
| ||||||
14 | (a) For each fiscal year when the General Assembly's
| ||||||
15 | appropriations and transfers or diversions as required by law
| ||||||
16 | from general funds do not exceed 99%
99.5% of the
estimated | ||||||
17 | general funds revenues pursuant to subsection (a)
of Section | ||||||
18 | 10, the Comptroller shall transfer from the
General Revenue | ||||||
19 | Fund as provided by this Section a total
amount equal to 0.5%
| ||||||
20 | .5% of the estimated general funds revenues
to the Budget | ||||||
21 | Stabilization Fund.
| ||||||
22 | (b) For each fiscal year when the General Assembly's
| ||||||
23 | appropriations and transfers or diversions as required by law
| ||||||
24 | from general funds do not exceed 98%
99% of the
estimated | ||||||
25 | general funds revenues pursuant to subsection (b)
of Section | ||||||
26 | 10, the Comptroller shall transfer from the
General Revenue | ||||||
27 | Fund as provided by this Section a total
amount equal to 1% of | ||||||
28 | the estimated general funds revenues to
the Budget | ||||||
29 | Stabilization Fund.
| ||||||
30 | (c) The Comptroller shall transfer 1/12 of the total
amount | ||||||
31 | to be transferred each fiscal year under this Section
into the | ||||||
32 | Budget Stabilization Fund on the first day of each
month of | ||||||
33 | that fiscal year or as soon thereafter as possible.
The balance |
| |||||||
| |||||||
1 | of the Budget Stabilization Fund shall not exceed
5% of the | ||||||
2 | total of general funds revenues estimated for that
fiscal year | ||||||
3 | except as provided by subsection (d) of this Section.
| ||||||
4 | (d) If the balance of the Budget Stabilization Fund
exceeds | ||||||
5 | 5% of the total general funds revenues estimated for that
| ||||||
6 | fiscal year, the additional transfers are not required unless | ||||||
7 | there are
outstanding liabilities under Section 25 of the State | ||||||
8 | Finance Act from prior
fiscal years. If there are such | ||||||
9 | outstanding Section 25 liabilities, then the
Comptroller shall | ||||||
10 | continue to transfer 1/12 of the total amount identified
for | ||||||
11 | transfer to the Budget Stabilization Fund on the first day of | ||||||
12 | each month
of that fiscal year or as soon thereafter as | ||||||
13 | possible to be reserved for
those Section 25 liabilities. | ||||||
14 | Nothing in this Act prohibits the General
Assembly from | ||||||
15 | appropriating additional moneys into the Budget Stabilization
| ||||||
16 | Fund.
| ||||||
17 | (e) On or before August 31 of each fiscal year, the amount
| ||||||
18 | determined to be transferred to the Budget Stabilization Fund | ||||||
19 | shall be
reconciled to actual general funds revenues for that | ||||||
20 | fiscal year. The
final transfer for each fiscal year shall be | ||||||
21 | adjusted so that the
total amount transferred under this | ||||||
22 | Section is equal to the percentage specified in subsection
(a) | ||||||
23 | or (b) of this Section 10 of this Act , as applicable, based on | ||||||
24 | actual
general funds revenues calculated consistently with | ||||||
25 | subsection (c) of
Section 10 of this Act for each fiscal year.
| ||||||
26 | (f) For the fiscal year beginning July 1, 2006 and for each | ||||||
27 | fiscal
year thereafter, the budget proposal to the General | ||||||
28 | Assembly shall identify
liabilities incurred in a
prior fiscal | ||||||
29 | year under Section 25 of the State Finance Act and the budget
| ||||||
30 | proposal shall provide
funding as allowable pursuant to | ||||||
31 | subsection (d) of this Section, if
applicable.
| ||||||
32 | (Source: P.A. 93-660, eff. 7-1-04 .) | ||||||
33 | (30 ILCS 122/20 new) |
| |||||||
| |||||||
1 | Sec. 20. Pension Stabilization Fund. | ||||||
2 | (a) The Pension Stabilization Fund is hereby created as a | ||||||
3 | special fund in the State treasury. Moneys in the fund shall be | ||||||
4 | used for the sole purpose of making payments to the designated | ||||||
5 | retirement systems as provided in Section 25.
| ||||||
6 | (b) For each fiscal year when the General Assembly's
| ||||||
7 | appropriations and transfers or diversions as required by law
| ||||||
8 | from general funds do not exceed 99% of the
estimated general | ||||||
9 | funds revenues pursuant to subsection (a)
of Section 10, the | ||||||
10 | Comptroller shall transfer from the
General Revenue Fund as | ||||||
11 | provided by this Section a total
amount equal to 0.5% of the | ||||||
12 | estimated general funds revenues
to the Pension Stabilization | ||||||
13 | Fund. | ||||||
14 | (c) For each fiscal year when the General Assembly's
| ||||||
15 | appropriations and transfers or diversions as required by law
| ||||||
16 | from general funds do not exceed 98% of the
estimated general | ||||||
17 | funds revenues pursuant to subsection (b)
of Section 10, the | ||||||
18 | Comptroller shall transfer from the
General Revenue Fund as | ||||||
19 | provided by this Section a total
amount equal to 1.0% of the | ||||||
20 | estimated general funds revenues
to the Pension Stabilization | ||||||
21 | Fund. | ||||||
22 | (d) The Comptroller shall transfer 1/12 of the total
amount | ||||||
23 | to be transferred each fiscal year under this Section
into the | ||||||
24 | Pension Stabilization Fund on the first day of each
month of | ||||||
25 | that fiscal year or as soon thereafter as possible; except that | ||||||
26 | the final transfer of the fiscal year shall be made as soon as | ||||||
27 | practical after the August 31 following the end of the fiscal | ||||||
28 | year. | ||||||
29 | Before the final transfer for a fiscal year is made, the | ||||||
30 | Comptroller shall reconcile the estimated general funds | ||||||
31 | revenues used in calculating the other transfers under this | ||||||
32 | Section for that fiscal year with the actual general funds | ||||||
33 | revenues for that fiscal year. The
final transfer for the | ||||||
34 | fiscal year shall be adjusted so that the
total amount |
| |||||||
| |||||||
1 | transferred under this Section for that fiscal year is equal to | ||||||
2 | the percentage specified in subsection
(b) or (c) of this | ||||||
3 | Section, whichever is applicable, of the actual
general funds | ||||||
4 | revenues for that fiscal year. The actual general funds | ||||||
5 | revenues for the fiscal year shall be calculated in a manner | ||||||
6 | consistent with subsection (c) of
Section 10 of this Act.
| ||||||
7 | (30 ILCS 122/25 new)
| ||||||
8 | Sec. 25. Transfers from the Pension Stabilization Fund. | ||||||
9 | (a) As used in this Section, "designated retirement | ||||||
10 | systems" means: | ||||||
11 | (1) the State Employees' Retirement System of
| ||||||
12 | Illinois; | ||||||
13 | (2) the Teachers' Retirement System of the State of
| ||||||
14 | Illinois; | ||||||
15 | (3) the State Universities Retirement System; | ||||||
16 | (4) the Judges Retirement System of Illinois; and | ||||||
17 | (5) the General Assembly Retirement System. | ||||||
18 | (b) As soon as may be practical after any money is | ||||||
19 | deposited into the Pension Stabilization Fund, the State | ||||||
20 | Comptroller shall apportion the deposited amount among the | ||||||
21 | designated retirement systems and the State Comptroller and | ||||||
22 | State Treasurer shall pay the apportioned amounts to the | ||||||
23 | designated retirement systems. The amount deposited shall be | ||||||
24 | apportioned among the designated retirement systems in the same | ||||||
25 | proportion as their respective portions of the
total actuarial | ||||||
26 | reserve deficiency of the designated retirement systems, as | ||||||
27 | most
recently determined by the Governor's Office of Management | ||||||
28 | and
Budget. Amounts received by a designated retirement system | ||||||
29 | under this Section shall be used for funding the unfunded | ||||||
30 | liabilities of the retirement system. Payments under this | ||||||
31 | Section are authorized by the continuing appropriation under | ||||||
32 | Section 1.7 of the State Pension Funds Continuing Appropriation | ||||||
33 | Act. |
| |||||||
| |||||||
1 | (c) At the request of the State Comptroller, the Governor's | ||||||
2 | Office of Management and Budget shall
determine the individual | ||||||
3 | and total actuarial reserve deficiencies of the
designated | ||||||
4 | retirement systems. For this purpose, the
Governor's Office of | ||||||
5 | Management and Budget shall consider the
latest available audit | ||||||
6 | and actuarial reports of each of the
retirement systems and the | ||||||
7 | relevant reports and statistics of
the Public Pension Division | ||||||
8 | of the Department of
Financial and Professional Regulation. | ||||||
9 | (d) Payments to the designated retirement systems under | ||||||
10 | this Section shall be in addition to, and not in lieu of, any | ||||||
11 | State contributions required under Section 2-124, 14-131, | ||||||
12 | 15-155, 16-158, or 18-131 of the Illinois Pension Code. | ||||||
13 | Section 5-55. The Illinois Income Tax Act is amended by | ||||||
14 | changing Section 901 as follows:
| ||||||
15 | (35 ILCS 5/901) (from Ch. 120, par. 9-901)
| ||||||
16 | Sec. 901. Collection Authority.
| ||||||
17 | (a) In general.
| ||||||
18 | The Department shall collect the taxes imposed by this Act. | ||||||
19 | The Department
shall collect certified past due child support | ||||||
20 | amounts under Section 2505-650
of the Department of Revenue Law | ||||||
21 | (20 ILCS 2505/2505-650). Except as
provided in subsections (c) | ||||||
22 | and (e) of this Section, money collected
pursuant to | ||||||
23 | subsections (a) and (b) of Section 201 of this Act shall be
| ||||||
24 | paid into the General Revenue Fund in the State treasury; money
| ||||||
25 | collected pursuant to subsections (c) and (d) of Section 201 of | ||||||
26 | this Act
shall be paid into the Personal Property Tax | ||||||
27 | Replacement Fund, a special
fund in the State Treasury; and | ||||||
28 | money collected under Section 2505-650 of the
Department of | ||||||
29 | Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
| ||||||
30 | Child Support Enforcement Trust Fund, a special fund outside | ||||||
31 | the State
Treasury, or
to the State
Disbursement Unit | ||||||
32 | established under Section 10-26 of the Illinois Public Aid
|
| |||||||
| |||||||
1 | Code, as directed by the Department of Healthcare and Family | ||||||
2 | Services
Public
Aid .
| ||||||
3 | (b) Local Governmental Distributive Fund.
| ||||||
4 | Beginning August 1, 1969, and continuing through June 30, | ||||||
5 | 1994, the Treasurer
shall transfer each month from the General | ||||||
6 | Revenue Fund to a special fund in
the State treasury, to be | ||||||
7 | known as the "Local Government Distributive Fund", an
amount | ||||||
8 | equal to 1/12 of the net revenue realized from the tax imposed | ||||||
9 | by
subsections (a) and (b) of Section 201 of this Act during | ||||||
10 | the preceding month.
Beginning July 1, 1994, and continuing | ||||||
11 | through June 30, 1995, the Treasurer
shall transfer each month | ||||||
12 | from the General Revenue Fund to the Local Government
| ||||||
13 | Distributive Fund an amount equal to 1/11 of the net revenue | ||||||
14 | realized from the
tax imposed by subsections (a) and (b) of | ||||||
15 | Section 201 of this Act during the
preceding month. Beginning | ||||||
16 | July 1, 1995, the Treasurer shall transfer each
month from the | ||||||
17 | General Revenue Fund to the Local Government Distributive Fund
| ||||||
18 | an amount equal to the net of (i) 1/10 of the net revenue | ||||||
19 | realized from the
tax imposed by
subsections (a) and (b) of | ||||||
20 | Section 201 of the Illinois Income Tax Act during
the preceding | ||||||
21 | month
(ii) minus, beginning July 1, 2003 and ending June 30, | ||||||
22 | 2004, $6,666,666, and
beginning July 1,
2004,
zero. Net revenue | ||||||
23 | realized for a month shall be defined as the
revenue from the | ||||||
24 | tax imposed by subsections (a) and (b) of Section 201 of this
| ||||||
25 | Act which is deposited in the General Revenue Fund, the | ||||||
26 | Educational Assistance
Fund and the Income Tax Surcharge Local | ||||||
27 | Government Distributive Fund during the
month minus the amount | ||||||
28 | paid out of the General Revenue Fund in State warrants
during | ||||||
29 | that same month as refunds to taxpayers for overpayment of | ||||||
30 | liability
under the tax imposed by subsections (a) and (b) of | ||||||
31 | Section 201 of this Act.
| ||||||
32 | (c) Deposits Into Income Tax Refund Fund.
| ||||||
33 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
34 | Department shall
deposit a percentage of the amounts |
| |||||||
| |||||||
1 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
2 | (3), of Section 201 of this Act into a fund in the State
| ||||||
3 | treasury known as the Income Tax Refund Fund. The | ||||||
4 | Department shall deposit 6%
of such amounts during the | ||||||
5 | period beginning January 1, 1989 and ending on June
30, | ||||||
6 | 1989. Beginning with State fiscal year 1990 and for each | ||||||
7 | fiscal year
thereafter, the percentage deposited into the | ||||||
8 | Income Tax Refund Fund during a
fiscal year shall be the | ||||||
9 | Annual Percentage. For fiscal years 1999 through
2001, the | ||||||
10 | Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||||||
11 | Annual Percentage shall be 8%.
For fiscal year 2004, the | ||||||
12 | Annual Percentage shall be 11.7%. Upon the effective date | ||||||
13 | of this amendatory Act of the 93rd General Assembly, the | ||||||
14 | Annual Percentage shall be 10% for fiscal year 2005. For | ||||||
15 | fiscal year 2006, the Annual Percentage shall be 9.75%. For | ||||||
16 | fiscal year 2007, the Annual Percentage shall be 9.75%. For | ||||||
17 | all other
fiscal years, the
Annual Percentage shall be | ||||||
18 | calculated as a fraction, the numerator of which
shall be | ||||||
19 | the amount of refunds approved for payment by the | ||||||
20 | Department during
the preceding fiscal year as a result of | ||||||
21 | overpayment of tax liability under
subsections (a) and | ||||||
22 | (b)(1), (2), and (3) of Section 201 of this Act plus the
| ||||||
23 | amount of such refunds remaining approved but unpaid at the | ||||||
24 | end of the
preceding fiscal year, minus the amounts | ||||||
25 | transferred into the Income Tax
Refund Fund from the | ||||||
26 | Tobacco Settlement Recovery Fund, and
the denominator of | ||||||
27 | which shall be the amounts which will be collected pursuant
| ||||||
28 | to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||||||
29 | of this Act during
the preceding fiscal year; except that | ||||||
30 | in State fiscal year 2002, the Annual
Percentage shall in | ||||||
31 | no event exceed 7.6%. The Director of Revenue shall
certify | ||||||
32 | the Annual Percentage to the Comptroller on the last | ||||||
33 | business day of
the fiscal year immediately preceding the | ||||||
34 | fiscal year for which it is to be
effective.
|
| |||||||
| |||||||
1 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
2 | Department shall
deposit a percentage of the amounts | ||||||
3 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
4 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
5 | the State treasury known as the Income Tax
Refund Fund. The | ||||||
6 | Department shall deposit 18% of such amounts during the
| ||||||
7 | period beginning January 1, 1989 and ending on June 30, | ||||||
8 | 1989. Beginning
with State fiscal year 1990 and for each | ||||||
9 | fiscal year thereafter, the
percentage deposited into the | ||||||
10 | Income Tax Refund Fund during a fiscal year
shall be the | ||||||
11 | Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||||||
12 | the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||||||
13 | the Annual Percentage shall be 27%. For fiscal year
2004, | ||||||
14 | the Annual Percentage shall be 32%.
Upon the effective date | ||||||
15 | of this amendatory Act of the 93rd General Assembly, the | ||||||
16 | Annual Percentage shall be 24% for fiscal year 2005.
For | ||||||
17 | fiscal year 2006, the Annual Percentage shall be 20%. For | ||||||
18 | fiscal year 2007, the Annual Percentage shall be 17.5%. For | ||||||
19 | all other fiscal years, the Annual
Percentage shall be | ||||||
20 | calculated
as a fraction, the numerator of which shall be | ||||||
21 | the amount of refunds
approved for payment by the | ||||||
22 | Department during the preceding fiscal year as
a result of | ||||||
23 | overpayment of tax liability under subsections (a) and | ||||||
24 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||||||
25 | Act plus the
amount of such refunds remaining approved but | ||||||
26 | unpaid at the end of the
preceding fiscal year, and the | ||||||
27 | denominator of
which shall be the amounts which will be | ||||||
28 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
29 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
30 | preceding fiscal year; except that in State fiscal year | ||||||
31 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
32 | The Director of Revenue shall
certify the Annual Percentage | ||||||
33 | to the Comptroller on the last business day of
the fiscal | ||||||
34 | year immediately preceding the fiscal year for which it is |
| |||||||
| |||||||
1 | to be
effective.
| ||||||
2 | (3) The Comptroller shall order transferred and the | ||||||
3 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
4 | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||||||
5 | in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||||||
6 | (iii) $35,000,000 in January, 2003.
| ||||||
7 | (d) Expenditures from Income Tax Refund Fund.
| ||||||
8 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
9 | Refund Fund
shall be expended exclusively for the purpose | ||||||
10 | of paying refunds resulting
from overpayment of tax | ||||||
11 | liability under Section 201 of this Act, for paying
rebates | ||||||
12 | under Section 208.1 in the event that the amounts in the | ||||||
13 | Homeowners'
Tax Relief Fund are insufficient for that | ||||||
14 | purpose,
and for
making transfers pursuant to this | ||||||
15 | subsection (d).
| ||||||
16 | (2) The Director shall order payment of refunds | ||||||
17 | resulting from
overpayment of tax liability under Section | ||||||
18 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
19 | extent that amounts collected pursuant
to Section 201 of | ||||||
20 | this Act and transfers pursuant to this subsection (d)
and | ||||||
21 | item (3) of subsection (c) have been deposited and retained | ||||||
22 | in the
Fund.
| ||||||
23 | (3) As soon as possible after the end of each fiscal | ||||||
24 | year, the Director
shall
order transferred and the State | ||||||
25 | Treasurer and State Comptroller shall
transfer from the | ||||||
26 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
27 | Replacement Fund an amount, certified by the Director to | ||||||
28 | the Comptroller,
equal to the excess of the amount | ||||||
29 | collected pursuant to subsections (c) and
(d) of Section | ||||||
30 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
31 | during the fiscal year over the amount of refunds resulting | ||||||
32 | from
overpayment of tax liability under subsections (c) and | ||||||
33 | (d) of Section 201
of this Act paid from the Income Tax | ||||||
34 | Refund Fund during the fiscal year.
|
| |||||||
| |||||||
1 | (4) As soon as possible after the end of each fiscal | ||||||
2 | year, the Director shall
order transferred and the State | ||||||
3 | Treasurer and State Comptroller shall
transfer from the | ||||||
4 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
5 | Refund Fund an amount, certified by the Director to the | ||||||
6 | Comptroller, equal
to the excess of the amount of refunds | ||||||
7 | resulting from overpayment of tax
liability under | ||||||
8 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
9 | from the Income Tax Refund Fund during the fiscal year over | ||||||
10 | the amount
collected pursuant to subsections (c) and (d) of | ||||||
11 | Section 201 of this Act
deposited into the Income Tax | ||||||
12 | Refund Fund during the fiscal year.
| ||||||
13 | (4.5) As soon as possible after the end of fiscal year | ||||||
14 | 1999 and of each
fiscal year
thereafter, the Director shall | ||||||
15 | order transferred and the State Treasurer and
State | ||||||
16 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
17 | to the General
Revenue Fund any surplus remaining in the | ||||||
18 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
19 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
20 | attributable to transfers under item (3) of subsection (c) | ||||||
21 | less refunds
resulting from the earned income tax credit.
| ||||||
22 | (5) This Act shall constitute an irrevocable and | ||||||
23 | continuing
appropriation from the Income Tax Refund Fund | ||||||
24 | for the purpose of paying
refunds upon the order of the | ||||||
25 | Director in accordance with the provisions of
this Section.
| ||||||
26 | (e) Deposits into the Education Assistance Fund and the | ||||||
27 | Income Tax
Surcharge Local Government Distributive Fund.
| ||||||
28 | On July 1, 1991, and thereafter, of the amounts collected | ||||||
29 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
30 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
31 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
32 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
33 | January 31, 1993, of the amounts collected pursuant to
| ||||||
34 | subsections (a) and (b) of Section 201 of the Illinois Income |
| |||||||
| |||||||
1 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
2 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
3 | Local Government Distributive Fund in the State
Treasury. | ||||||
4 | Beginning February 1, 1993 and continuing through June 30, | ||||||
5 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
6 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
7 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
8 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
9 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
10 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
11 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
12 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
13 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
14 | Local Government Distributive Fund in the State Treasury.
| ||||||
15 | (Source: P.A. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, | ||||||
16 | eff. 7-1-05; revised 12-15-05.)
| ||||||
17 | Section 5-60. The Cigarette Tax Act is amended by changing | ||||||
18 | Section 2 as follows:
| ||||||
19 | (35 ILCS 130/2) (from Ch. 120, par. 453.2)
| ||||||
20 | Sec. 2. Tax imposed; rate; collection, payment, and | ||||||
21 | distribution;
discount. | ||||||
22 | (a) A tax is imposed upon any person engaged in business as | ||||||
23 | a
retailer of cigarettes in this State at the rate of 5 1/2 | ||||||
24 | mills per
cigarette sold, or otherwise disposed of in the | ||||||
25 | course of such business in
this State. In addition to any other | ||||||
26 | tax imposed by this Act, a tax is
imposed upon any person | ||||||
27 | engaged in business as a retailer of cigarettes in
this State | ||||||
28 | at a rate of 1/2 mill per cigarette sold or otherwise disposed
| ||||||
29 | of in the course of such business in this State on and after | ||||||
30 | January 1,
1947, and shall be paid into the Metropolitan Fair | ||||||
31 | and Exposition Authority
Reconstruction Fund or as otherwise | ||||||
32 | provided in Section 29. On and after December 1, 1985, in |
| |||||||
| |||||||
1 | addition to any
other tax imposed by this Act, a tax is imposed | ||||||
2 | upon any person engaged in
business as a retailer of cigarettes | ||||||
3 | in this State at a rate of 4 mills per
cigarette sold or | ||||||
4 | otherwise disposed of in the course of such business in
this | ||||||
5 | State. Of the additional tax imposed by this amendatory Act of | ||||||
6 | 1985,
$9,000,000 of the moneys received by the Department of | ||||||
7 | Revenue pursuant to
this Act shall be paid each month into the | ||||||
8 | Common School Fund. On and after
the effective date of this | ||||||
9 | amendatory Act of 1989, in addition to any other tax
imposed by | ||||||
10 | this Act, a tax is imposed upon any person engaged in business | ||||||
11 | as a
retailer of cigarettes at the rate of 5 mills per | ||||||
12 | cigarette sold or
otherwise disposed of in the course of such | ||||||
13 | business in this State.
On and after the effective date of this | ||||||
14 | amendatory Act of 1993, in addition
to any other tax imposed by | ||||||
15 | this Act, a tax is imposed upon any person engaged
in business | ||||||
16 | as a retailer of cigarettes at the rate of 7 mills per | ||||||
17 | cigarette
sold or otherwise disposed of in the course of such | ||||||
18 | business in this State.
On and after December 15, 1997, in | ||||||
19 | addition
to any other tax imposed by this Act, a tax is imposed | ||||||
20 | upon any person engaged
in business as a retailer of cigarettes | ||||||
21 | at the rate of 7 mills per cigarette
sold or otherwise disposed | ||||||
22 | of in the course of such business of this State.
All of the | ||||||
23 | moneys received by the Department of Revenue pursuant to this | ||||||
24 | Act
and the Cigarette Use Tax Act from the additional taxes | ||||||
25 | imposed by this
amendatory Act of 1997, shall be paid each | ||||||
26 | month into the Common School Fund.
On and after July 1, 2002, | ||||||
27 | in addition to any other tax imposed by this Act,
a tax is | ||||||
28 | imposed upon any person engaged in business as a retailer of
| ||||||
29 | cigarettes at the rate of 20.0 mills per cigarette sold or | ||||||
30 | otherwise disposed
of
in the course of such business in this | ||||||
31 | State.
The payment of such taxes shall be evidenced by a stamp | ||||||
32 | affixed to
each original package of cigarettes, or an | ||||||
33 | authorized substitute for such stamp
imprinted on each original | ||||||
34 | package of such cigarettes underneath the sealed
transparent |
| |||||||
| |||||||
1 | outside wrapper of such original package, as hereinafter | ||||||
2 | provided.
However, such taxes are not imposed upon any activity | ||||||
3 | in such business in
interstate commerce or otherwise, which | ||||||
4 | activity may not under
the Constitution and statutes of the | ||||||
5 | United States be made the subject of
taxation by this State.
| ||||||
6 | Beginning on the effective date of this amendatory Act of | ||||||
7 | the 92nd General
Assembly and through June 30, 2006 ,
all of the | ||||||
8 | moneys received by the Department of Revenue pursuant to this | ||||||
9 | Act
and the Cigarette Use Tax Act, other than the moneys that | ||||||
10 | are dedicated to the Common
School Fund, shall be distributed | ||||||
11 | each month as follows: first, there shall be
paid into the | ||||||
12 | General Revenue Fund an amount which, when added to the amount
| ||||||
13 | paid into the Common School Fund for that month, equals | ||||||
14 | $33,300,000, except that in the month of August of 2004, this | ||||||
15 | amount shall equal $83,300,000; then, from
the moneys | ||||||
16 | remaining, if any amounts required to be paid into the General
| ||||||
17 | Revenue Fund in previous months remain unpaid, those amounts | ||||||
18 | shall be paid into
the General Revenue Fund;
then, beginning on | ||||||
19 | April 1, 2003, from the moneys remaining, $5,000,000 per
month | ||||||
20 | shall be paid into the School Infrastructure Fund; then, if any | ||||||
21 | amounts
required to be paid into the School Infrastructure Fund | ||||||
22 | in previous months
remain unpaid, those amounts shall be paid | ||||||
23 | into the School Infrastructure
Fund;
then the moneys remaining, | ||||||
24 | if any, shall be paid into the Long-Term Care
Provider Fund.
To | ||||||
25 | the extent that more than $25,000,000 has been paid into the | ||||||
26 | General
Revenue Fund and Common School Fund per month for the | ||||||
27 | period of July 1, 1993
through the effective date of this | ||||||
28 | amendatory Act of 1994 from combined
receipts
of the Cigarette | ||||||
29 | Tax Act and the Cigarette Use Tax Act, notwithstanding the
| ||||||
30 | distribution provided in this Section, the Department of | ||||||
31 | Revenue is hereby
directed to adjust the distribution provided | ||||||
32 | in this Section to increase the
next monthly payments to the | ||||||
33 | Long Term Care Provider Fund by the amount paid to
the General | ||||||
34 | Revenue Fund and Common School Fund in excess of $25,000,000 |
| |||||||
| |||||||
1 | per
month and to decrease the next monthly payments to the | ||||||
2 | General Revenue Fund and
Common School Fund by that same excess | ||||||
3 | amount.
| ||||||
4 | Beginning on July 1, 2006, all of the moneys received by | ||||||
5 | the Department of Revenue pursuant to this Act and the | ||||||
6 | Cigarette Use Tax Act, other than the moneys that are dedicated | ||||||
7 | to the Common School Fund, shall be distributed each month as | ||||||
8 | follows: first, there shall be paid into the General Revenue | ||||||
9 | Fund an amount that, when added to the amount paid into the | ||||||
10 | Common School Fund for that month, equals $29,200,000; then, | ||||||
11 | from the moneys remaining, if any amounts required to be paid | ||||||
12 | into the General Revenue Fund in previous months remain unpaid, | ||||||
13 | those amounts shall be paid into the General Revenue Fund; then | ||||||
14 | from the moneys remaining, $5,000,000 per month shall be paid | ||||||
15 | into the School Infrastructure Fund; then, if any amounts | ||||||
16 | required to be paid into the School Infrastructure Fund in | ||||||
17 | previous months remain unpaid, those amounts shall be paid into | ||||||
18 | the School Infrastructure Fund; then the moneys remaining, if | ||||||
19 | any, shall be paid into the Long-Term Care Provider Fund.
| ||||||
20 | When any tax imposed herein terminates or has terminated, | ||||||
21 | distributors
who have bought stamps while such tax was in | ||||||
22 | effect and who therefore paid
such tax, but who can show, to | ||||||
23 | the Department's satisfaction, that they
sold the cigarettes to | ||||||
24 | which they affixed such stamps after such tax had
terminated | ||||||
25 | and did not recover the tax or its equivalent from purchasers,
| ||||||
26 | shall be allowed by the Department to take credit for such | ||||||
27 | absorbed tax
against subsequent tax stamp purchases from the | ||||||
28 | Department by such
distributor.
| ||||||
29 | The impact of the tax levied by this Act is imposed upon | ||||||
30 | the retailer
and shall be prepaid or pre-collected by the | ||||||
31 | distributor for the purpose of
convenience and facility only, | ||||||
32 | and the amount of the tax shall be added to
the price of the | ||||||
33 | cigarettes sold by such distributor. Collection of the tax
| ||||||
34 | shall be evidenced by a stamp or stamps affixed to each |
| |||||||
| |||||||
1 | original package of
cigarettes, as hereinafter provided.
| ||||||
2 | Each distributor shall collect the tax from the retailer at | ||||||
3 | or before
the time of the sale, shall affix the stamps as | ||||||
4 | hereinafter required, and
shall remit the tax collected from | ||||||
5 | retailers to the Department, as
hereinafter provided. Any | ||||||
6 | distributor who fails to properly collect and pay
the tax | ||||||
7 | imposed by this Act shall be liable for the tax. Any | ||||||
8 | distributor having
cigarettes to which stamps have been affixed | ||||||
9 | in his possession for sale on the
effective date of this | ||||||
10 | amendatory Act of 1989 shall not be required to pay the
| ||||||
11 | additional tax imposed by this amendatory Act of 1989 on such | ||||||
12 | stamped
cigarettes. Any distributor having cigarettes to which | ||||||
13 | stamps have been affixed
in his or her possession for sale at | ||||||
14 | 12:01 a.m. on the effective date of this
amendatory Act of | ||||||
15 | 1993, is required to pay the additional tax imposed by this
| ||||||
16 | amendatory Act of 1993 on such stamped cigarettes. This | ||||||
17 | payment, less the
discount provided in subsection (b), shall be | ||||||
18 | due when the distributor first
makes a purchase of cigarette | ||||||
19 | tax stamps after the effective date of this
amendatory Act of | ||||||
20 | 1993, or on the first due date of a return under this Act
after | ||||||
21 | the effective date of this amendatory Act of 1993, whichever | ||||||
22 | occurs
first. Any distributor having cigarettes to which stamps | ||||||
23 | have been affixed
in his possession for sale on December 15, | ||||||
24 | 1997
shall not be required to pay the additional tax imposed by | ||||||
25 | this amendatory Act
of 1997 on such stamped cigarettes.
| ||||||
26 | Any distributor having cigarettes to which stamps have been | ||||||
27 | affixed in his
or her
possession for sale on July 1, 2002 shall | ||||||
28 | not be required to pay the additional
tax imposed by this | ||||||
29 | amendatory Act of the 92nd General Assembly on those
stamped
| ||||||
30 | cigarettes.
| ||||||
31 | The amount of the Cigarette Tax imposed by this Act shall | ||||||
32 | be separately
stated, apart from the price of the goods, by | ||||||
33 | both distributors and
retailers, in all advertisements, bills | ||||||
34 | and sales invoices.
|
| |||||||
| |||||||
1 | (b) The distributor shall be required to collect the taxes | ||||||
2 | provided
under paragraph (a) hereof, and, to cover the costs of | ||||||
3 | such collection,
shall be allowed a discount during any year | ||||||
4 | commencing July 1st and ending
the following June 30th in | ||||||
5 | accordance with the schedule set out
hereinbelow, which | ||||||
6 | discount shall be allowed at the time of purchase of the
stamps | ||||||
7 | when purchase is required by this Act, or at the time when the | ||||||
8 | tax
is remitted to the Department without the purchase of | ||||||
9 | stamps from the
Department when that method of paying the tax | ||||||
10 | is required or authorized by
this Act. Prior to December 1, | ||||||
11 | 1985, a discount equal to 1 2/3% of
the amount of the tax up to | ||||||
12 | and including the first $700,000 paid hereunder by
such | ||||||
13 | distributor to the Department during any such year; 1 1/3% of | ||||||
14 | the next
$700,000 of tax or any part thereof, paid hereunder by | ||||||
15 | such distributor to the
Department during any such year; 1% of | ||||||
16 | the next $700,000 of tax, or any part
thereof, paid hereunder | ||||||
17 | by such distributor to the Department during any such
year, and | ||||||
18 | 2/3 of 1% of the amount of any additional tax paid hereunder by | ||||||
19 | such
distributor to the Department during any such year shall | ||||||
20 | apply. On and after
December 1, 1985, a discount equal to 1.75% | ||||||
21 | of the amount of the tax payable
under this Act up to and | ||||||
22 | including the first $3,000,000 paid hereunder by such
| ||||||
23 | distributor to the Department during any such year and 1.5% of | ||||||
24 | the amount of
any additional tax paid hereunder by such | ||||||
25 | distributor to the Department during
any such year shall apply.
| ||||||
26 | Two or more distributors that use a common means of | ||||||
27 | affixing revenue tax
stamps or that are owned or controlled by | ||||||
28 | the same interests shall be
treated as a single distributor for | ||||||
29 | the purpose of computing the discount.
| ||||||
30 | (c) The taxes herein imposed are in addition to all other | ||||||
31 | occupation or
privilege taxes imposed by the State of Illinois, | ||||||
32 | or by any political
subdivision thereof, or by any municipal | ||||||
33 | corporation.
| ||||||
34 | (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
|
| |||||||
| |||||||
1 | Section 5-65. The Motor Fuel Tax Law is amended by changing | ||||||
2 | Section 8 as follows:
| ||||||
3 | (35 ILCS 505/8) (from Ch. 120, par. 424)
| ||||||
4 | Sec. 8. Except as provided in Section 8a, subdivision
| ||||||
5 | (h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | ||||||
6 | 16 of Section 15, all money received by the Department under
| ||||||
7 | this Act, including payments made to the Department by
member | ||||||
8 | jurisdictions participating in the International Fuel Tax | ||||||
9 | Agreement,
shall be deposited in a special fund in the State | ||||||
10 | treasury, to be known as the
"Motor Fuel Tax Fund", and shall | ||||||
11 | be used as follows:
| ||||||
12 | (a) 2 1/2 cents per gallon of the tax collected on special | ||||||
13 | fuel under
paragraph (b) of Section 2 and Section 13a of this | ||||||
14 | Act shall be transferred
to the State Construction Account Fund | ||||||
15 | in the State Treasury;
| ||||||
16 | (b) $420,000 shall be transferred each month to the State | ||||||
17 | Boating Act
Fund to be used by the Department of Natural | ||||||
18 | Resources for the purposes
specified in Article X of the Boat | ||||||
19 | Registration and Safety Act;
| ||||||
20 | (c) $2,250,000 shall be transferred each month to the Grade | ||||||
21 | Crossing
Protection Fund to be used as follows: not less than | ||||||
22 | $6,000,000 each fiscal
year shall be used for the construction | ||||||
23 | or reconstruction of rail highway grade
separation structures; | ||||||
24 | $2,250,000 in fiscal year 2004 and each fiscal
year
thereafter | ||||||
25 | shall be transferred to the Transportation
Regulatory Fund and | ||||||
26 | shall be accounted for as part of the rail carrier
portion of | ||||||
27 | such funds and shall be used to pay the cost of administration
| ||||||
28 | of the Illinois Commerce Commission's railroad safety program | ||||||
29 | in connection
with its duties under subsection (3) of Section | ||||||
30 | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | ||||||
31 | used by the Department of Transportation
upon order of the | ||||||
32 | Illinois Commerce Commission, to pay that part of the
cost |
| |||||||
| |||||||
1 | apportioned by such Commission to the State to cover the | ||||||
2 | interest
of the public in the use of highways, roads, streets, | ||||||
3 | or
pedestrian walkways in the
county highway system, township | ||||||
4 | and district road system, or municipal
street system as defined | ||||||
5 | in the Illinois Highway Code, as the same may
from time to time | ||||||
6 | be amended, for separation of grades, for installation,
| ||||||
7 | construction or reconstruction of crossing protection or | ||||||
8 | reconstruction,
alteration, relocation including construction | ||||||
9 | or improvement of any
existing highway necessary for access to | ||||||
10 | property or improvement of any
grade crossing including the | ||||||
11 | necessary highway approaches thereto of any
railroad across the | ||||||
12 | highway or public road, or for the installation,
construction, | ||||||
13 | reconstruction, or maintenance of a pedestrian walkway over or
| ||||||
14 | under a railroad right-of-way, as provided for in and in
| ||||||
15 | accordance with Section 18c-7401 of the Illinois Vehicle Code.
| ||||||
16 | The Commission shall not order more than $2,000,000 per year in | ||||||
17 | Grade
Crossing Protection Fund moneys for pedestrian walkways.
| ||||||
18 | In entering orders for projects for which payments from the | ||||||
19 | Grade Crossing
Protection Fund will be made, the Commission | ||||||
20 | shall account for expenditures
authorized by the orders on a | ||||||
21 | cash rather than an accrual basis. For purposes
of this | ||||||
22 | requirement an "accrual basis" assumes that the total cost of | ||||||
23 | the
project is expended in the fiscal year in which the order | ||||||
24 | is entered, while a
"cash basis" allocates the cost of the | ||||||
25 | project among fiscal years as
expenditures are actually made. | ||||||
26 | To meet the requirements of this subsection,
the Illinois | ||||||
27 | Commerce Commission shall develop annual and 5-year project | ||||||
28 | plans
of rail crossing capital improvements that will be paid | ||||||
29 | for with moneys from
the Grade Crossing Protection Fund. The | ||||||
30 | annual project plan shall identify
projects for the succeeding | ||||||
31 | fiscal year and the 5-year project plan shall
identify projects | ||||||
32 | for the 5 directly succeeding fiscal years. The Commission
| ||||||
33 | shall submit the annual and 5-year project plans for this Fund | ||||||
34 | to the Governor,
the President of the Senate, the Senate |
| |||||||
| |||||||
1 | Minority Leader, the Speaker of the
House of Representatives, | ||||||
2 | and the Minority Leader of the House of
Representatives on
the | ||||||
3 | first Wednesday in April of each year;
| ||||||
4 | (d) of the amount remaining after allocations provided for | ||||||
5 | in
subsections (a), (b) and (c), a sufficient amount shall be | ||||||
6 | reserved to
pay all of the following:
| ||||||
7 | (1) the costs of the Department of Revenue in | ||||||
8 | administering this
Act;
| ||||||
9 | (2) the costs of the Department of Transportation in | ||||||
10 | performing its
duties imposed by the Illinois Highway Code | ||||||
11 | for supervising the use of motor
fuel tax funds apportioned | ||||||
12 | to municipalities, counties and road districts;
| ||||||
13 | (3) refunds provided for in Section 13 of this Act and | ||||||
14 | under the terms
of the International Fuel Tax Agreement | ||||||
15 | referenced in Section 14a;
| ||||||
16 | (4) from October 1, 1985 until June 30, 1994, the | ||||||
17 | administration of the
Vehicle Emissions Inspection Law, | ||||||
18 | which amount shall be certified monthly by
the | ||||||
19 | Environmental Protection Agency to the State Comptroller | ||||||
20 | and shall promptly
be transferred by the State Comptroller | ||||||
21 | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | ||||||
22 | Inspection Fund, and for the period July 1, 1994 through
| ||||||
23 | June 30, 2000, one-twelfth of $25,000,000 each month, for | ||||||
24 | the period July 1, 2000 through June 30, 2003,
one-twelfth | ||||||
25 | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | ||||||
26 | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| ||||||
27 | July
1 and October 1, or as soon thereafter as may be | ||||||
28 | practical, during the period July 1, 2004 through June 30, | ||||||
29 | 2008
2006 ,
for the administration of the Vehicle Emissions | ||||||
30 | Inspection Law of
1995, to be transferred by the State | ||||||
31 | Comptroller and Treasurer from the Motor
Fuel Tax Fund into | ||||||
32 | the Vehicle Inspection Fund;
| ||||||
33 | (5) amounts ordered paid by the Court of Claims; and
| ||||||
34 | (6) payment of motor fuel use taxes due to member |
| |||||||
| |||||||
1 | jurisdictions under
the terms of the International Fuel Tax | ||||||
2 | Agreement. The Department shall
certify these amounts to | ||||||
3 | the Comptroller by the 15th day of each month; the
| ||||||
4 | Comptroller shall cause orders to be drawn for such | ||||||
5 | amounts, and the Treasurer
shall administer those amounts | ||||||
6 | on or before the last day of each month;
| ||||||
7 | (e) after allocations for the purposes set forth in | ||||||
8 | subsections
(a), (b), (c) and (d), the remaining amount shall | ||||||
9 | be apportioned as follows:
| ||||||
10 | (1) Until January 1, 2000, 58.4%, and beginning January | ||||||
11 | 1, 2000, 45.6%
shall be deposited as follows:
| ||||||
12 | (A) 37% into the State Construction Account Fund, | ||||||
13 | and
| ||||||
14 | (B) 63% into the Road Fund, $1,250,000 of which | ||||||
15 | shall be reserved each
month for the Department of | ||||||
16 | Transportation to be used in accordance with
the | ||||||
17 | provisions of Sections 6-901 through 6-906 of the | ||||||
18 | Illinois Highway Code;
| ||||||
19 | (2) Until January 1, 2000, 41.6%, and beginning January | ||||||
20 | 1, 2000, 54.4%
shall be transferred to the Department of | ||||||
21 | Transportation to be
distributed as follows:
| ||||||
22 | (A) 49.10% to the municipalities of the State,
| ||||||
23 | (B) 16.74% to the counties of the State having | ||||||
24 | 1,000,000 or more inhabitants,
| ||||||
25 | (C) 18.27% to the counties of the State having less | ||||||
26 | than 1,000,000 inhabitants,
| ||||||
27 | (D) 15.89% to the road districts of the State.
| ||||||
28 | As soon as may be after the first day of each month the | ||||||
29 | Department of
Transportation shall allot to each municipality | ||||||
30 | its share of the amount
apportioned to the several | ||||||
31 | municipalities which shall be in proportion
to the population | ||||||
32 | of such municipalities as determined by the last
preceding | ||||||
33 | municipal census if conducted by the Federal Government or
| ||||||
34 | Federal census. If territory is annexed to any municipality |
| |||||||
| |||||||
1 | subsequent
to the time of the last preceding census the | ||||||
2 | corporate authorities of
such municipality may cause a census | ||||||
3 | to be taken of such annexed
territory and the population so | ||||||
4 | ascertained for such territory shall be
added to the population | ||||||
5 | of the municipality as determined by the last
preceding census | ||||||
6 | for the purpose of determining the allotment for that
| ||||||
7 | municipality. If the population of any municipality was not | ||||||
8 | determined
by the last Federal census preceding any | ||||||
9 | apportionment, the
apportionment to such municipality shall be | ||||||
10 | in accordance with any
census taken by such municipality. Any | ||||||
11 | municipal census used in
accordance with this Section shall be | ||||||
12 | certified to the Department of
Transportation by the clerk of | ||||||
13 | such municipality, and the accuracy
thereof shall be subject to | ||||||
14 | approval of the Department which may make
such corrections as | ||||||
15 | it ascertains to be necessary.
| ||||||
16 | As soon as may be after the first day of each month the | ||||||
17 | Department of
Transportation shall allot to each county its | ||||||
18 | share of the amount
apportioned to the several counties of the | ||||||
19 | State as herein provided.
Each allotment to the several | ||||||
20 | counties having less than 1,000,000
inhabitants shall be in | ||||||
21 | proportion to the amount of motor vehicle
license fees received | ||||||
22 | from the residents of such counties, respectively,
during the | ||||||
23 | preceding calendar year. The Secretary of State shall, on or
| ||||||
24 | before April 15 of each year, transmit to the Department of
| ||||||
25 | Transportation a full and complete report showing the amount of | ||||||
26 | motor
vehicle license fees received from the residents of each | ||||||
27 | county,
respectively, during the preceding calendar year. The | ||||||
28 | Department of
Transportation shall, each month, use for | ||||||
29 | allotment purposes the last
such report received from the | ||||||
30 | Secretary of State.
| ||||||
31 | As soon as may be after the first day of each month, the | ||||||
32 | Department
of Transportation shall allot to the several | ||||||
33 | counties their share of the
amount apportioned for the use of | ||||||
34 | road districts. The allotment shall
be apportioned among the |
| |||||||
| |||||||
1 | several counties in the State in the proportion
which the total | ||||||
2 | mileage of township or district roads in the respective
| ||||||
3 | counties bears to the total mileage of all township and | ||||||
4 | district roads
in the State. Funds allotted to the respective | ||||||
5 | counties for the use of
road districts therein shall be | ||||||
6 | allocated to the several road districts
in the county in the | ||||||
7 | proportion which the total mileage of such township
or district | ||||||
8 | roads in the respective road districts bears to the total
| ||||||
9 | mileage of all such township or district roads in the county. | ||||||
10 | After
July 1 of any year, no allocation shall be made for any | ||||||
11 | road district
unless it levied a tax for road and bridge | ||||||
12 | purposes in an amount which
will require the extension of such | ||||||
13 | tax against the taxable property in
any such road district at a | ||||||
14 | rate of not less than either .08% of the value
thereof, based | ||||||
15 | upon the assessment for the year immediately prior to the year
| ||||||
16 | in which such tax was levied and as equalized by the Department | ||||||
17 | of Revenue
or, in DuPage County, an amount equal to or greater | ||||||
18 | than $12,000 per mile of
road under the jurisdiction of the | ||||||
19 | road district, whichever is less. If any
road district has | ||||||
20 | levied a special tax for road purposes
pursuant to Sections | ||||||
21 | 6-601, 6-602 and 6-603 of the Illinois Highway Code, and
such | ||||||
22 | tax was levied in an amount which would require extension at a
| ||||||
23 | rate of not less than .08% of the value of the taxable property | ||||||
24 | thereof,
as equalized or assessed by the Department of Revenue,
| ||||||
25 | or, in DuPage County, an amount equal to or greater than | ||||||
26 | $12,000 per mile of
road under the jurisdiction of the road | ||||||
27 | district, whichever is less,
such levy shall, however, be | ||||||
28 | deemed a proper compliance with this
Section and shall qualify | ||||||
29 | such road district for an allotment under this
Section. If a | ||||||
30 | township has transferred to the road and bridge fund
money | ||||||
31 | which, when added to the amount of any tax levy of the road
| ||||||
32 | district would be the equivalent of a tax levy requiring | ||||||
33 | extension at a
rate of at least .08%, or, in DuPage County, an | ||||||
34 | amount equal to or greater
than $12,000 per mile of road under |
| |||||||
| |||||||
1 | the jurisdiction of the road district,
whichever is less, such | ||||||
2 | transfer, together with any such tax levy,
shall be deemed a | ||||||
3 | proper compliance with this Section and shall qualify
the road | ||||||
4 | district for an allotment under this Section.
| ||||||
5 | In counties in which a property tax extension limitation is | ||||||
6 | imposed
under the Property Tax Extension Limitation Law, road | ||||||
7 | districts may retain
their entitlement to a motor fuel tax | ||||||
8 | allotment if, at the time the property
tax
extension limitation | ||||||
9 | was imposed, the road district was levying a road and
bridge | ||||||
10 | tax at a rate sufficient to entitle it to a motor fuel tax | ||||||
11 | allotment
and continues to levy the maximum allowable amount | ||||||
12 | after the imposition of the
property tax extension limitation. | ||||||
13 | Any road district may in all circumstances
retain its | ||||||
14 | entitlement to a motor fuel tax allotment if it levied a road | ||||||
15 | and
bridge tax in an amount that will require the extension of | ||||||
16 | the tax against the
taxable property in the road district at a | ||||||
17 | rate of not less than 0.08% of the
assessed value of the | ||||||
18 | property, based upon the assessment for the year
immediately | ||||||
19 | preceding the year in which the tax was levied and as equalized | ||||||
20 | by
the Department of Revenue or, in DuPage County, an amount | ||||||
21 | equal to or greater
than $12,000 per mile of road under the | ||||||
22 | jurisdiction of the road district,
whichever is less.
| ||||||
23 | As used in this Section the term "road district" means any | ||||||
24 | road
district, including a county unit road district, provided | ||||||
25 | for by the
Illinois Highway Code; and the term "township or | ||||||
26 | district road"
means any road in the township and district road | ||||||
27 | system as defined in the
Illinois Highway Code. For the | ||||||
28 | purposes of this Section, "road
district" also includes park | ||||||
29 | districts, forest preserve districts and
conservation | ||||||
30 | districts organized under Illinois law and "township or
| ||||||
31 | district road" also includes such roads as are maintained by | ||||||
32 | park
districts, forest preserve districts and conservation | ||||||
33 | districts. The
Department of Transportation shall determine | ||||||
34 | the mileage of all township
and district roads for the purposes |
| |||||||
| |||||||
1 | of making allotments and allocations of
motor fuel tax funds | ||||||
2 | for use in road districts.
| ||||||
3 | Payment of motor fuel tax moneys to municipalities and | ||||||
4 | counties shall
be made as soon as possible after the allotment | ||||||
5 | is made. The treasurer
of the municipality or county may invest | ||||||
6 | these funds until their use is
required and the interest earned | ||||||
7 | by these investments shall be limited
to the same uses as the | ||||||
8 | principal funds.
| ||||||
9 | (Source: P.A. 92-16, eff. 6-28-01; 92-30, eff. 7-1-01; 93-32, | ||||||
10 | eff. 6-20-03; 93-839, eff. 7-30-04.)
| ||||||
11 | Section 5-70. The Illinois Pension Code is amended by | ||||||
12 | changing Sections 2-124, 14-108.6, 14-131, 15-155, 16-158, and | ||||||
13 | 18-131 as follows:
| ||||||
14 | (40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
| ||||||
15 | Sec. 2-124. Contributions by State.
| ||||||
16 | (a) The State shall make contributions to the System by
| ||||||
17 | appropriations of amounts which, together with the | ||||||
18 | contributions of
participants, interest earned on investments, | ||||||
19 | and other income
will meet the cost of maintaining and | ||||||
20 | administering the System on a 90%
funded basis in accordance | ||||||
21 | with actuarial recommendations.
| ||||||
22 | (b) The Board shall determine the amount of State
| ||||||
23 | contributions required for each fiscal year on the basis of the
| ||||||
24 | actuarial tables and other assumptions adopted by the Board and | ||||||
25 | the
prescribed rate of interest, using the formula in | ||||||
26 | subsection (c).
| ||||||
27 | (c) For State fiscal years 2011 through 2045, the minimum | ||||||
28 | contribution
to the System to be made by the State for each | ||||||
29 | fiscal year shall be an amount
determined by the System to be | ||||||
30 | sufficient to bring the total assets of the
System up to 90% of | ||||||
31 | the total actuarial liabilities of the System by the end of
| ||||||
32 | State fiscal year 2045. In making these determinations, the |
| |||||||
| |||||||
1 | required State
contribution shall be calculated each year as a | ||||||
2 | level percentage of payroll
over the years remaining to and | ||||||
3 | including fiscal year 2045 and shall be
determined under the | ||||||
4 | projected unit credit actuarial cost method.
| ||||||
5 | For State fiscal years 1996 through 2005, the State | ||||||
6 | contribution to
the System, as a percentage of the applicable | ||||||
7 | employee payroll, shall be
increased in equal annual increments | ||||||
8 | so that by State fiscal year 2011, the
State is contributing at | ||||||
9 | the rate required under this Section.
| ||||||
10 | Notwithstanding any other provision of this Article, the | ||||||
11 | total required State
contribution for State fiscal year 2006 is | ||||||
12 | $4,157,000.
| ||||||
13 | Notwithstanding any other provision of this Article, the | ||||||
14 | total required State
contribution for State fiscal year 2007 is | ||||||
15 | $5,220,300.
| ||||||
16 | For each of State fiscal years 2008 through 2010, the State | ||||||
17 | contribution to
the System, as a percentage of the applicable | ||||||
18 | employee payroll, shall be
increased in equal annual increments | ||||||
19 | from the required State contribution for State fiscal year | ||||||
20 | 2007, so that by State fiscal year 2011, the
State is | ||||||
21 | contributing at the rate otherwise required under this Section.
| ||||||
22 | Beginning in State fiscal year 2046, the minimum State | ||||||
23 | contribution for
each fiscal year shall be the amount needed to | ||||||
24 | maintain the total assets of
the System at 90% of the total | ||||||
25 | actuarial liabilities of the System.
| ||||||
26 | Amounts received by the System pursuant to Section 25 of | ||||||
27 | the Budget Stabilization Act in any fiscal year do not reduce | ||||||
28 | and do not constitute payment of any portion of the minimum | ||||||
29 | State contribution required under this Article in that fiscal | ||||||
30 | year. Such amounts shall not reduce, and shall not be included | ||||||
31 | in the calculation of, the required State contributions under | ||||||
32 | this Article in any future year until the System has reached a | ||||||
33 | funding ratio of at least 90%. A reference in this Article to | ||||||
34 | the "required State contribution" or any substantially similar |
| |||||||
| |||||||
1 | term does not include or apply to any amounts payable to the | ||||||
2 | System under Section 25 of the Budget Stabilization Act.
| ||||||
3 | Notwithstanding any other provision of this Section, the | ||||||
4 | required State
contribution for State fiscal year 2005 and for | ||||||
5 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
6 | under this Section and
certified under Section 2-134, shall not | ||||||
7 | exceed an amount equal to (i) the
amount of the required State | ||||||
8 | contribution that would have been calculated under
this Section | ||||||
9 | for that fiscal year if the System had not received any | ||||||
10 | payments
under subsection (d) of Section 7.2 of the General | ||||||
11 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
12 | total debt service payments for that fiscal
year on the bonds | ||||||
13 | issued for the purposes of that Section 7.2, as determined
and | ||||||
14 | certified by the Comptroller, that is the same as the System's | ||||||
15 | portion of
the total moneys distributed under subsection (d) of | ||||||
16 | Section 7.2 of the General
Obligation Bond Act. In determining | ||||||
17 | this maximum for State fiscal years 2008 through 2010, however, | ||||||
18 | the amount referred to in item (i) shall be increased, as a | ||||||
19 | percentage of the applicable employee payroll, in equal | ||||||
20 | increments calculated from the sum of the required State | ||||||
21 | contribution for State fiscal year 2007 plus the applicable | ||||||
22 | portion of the State's total debt service payments for fiscal | ||||||
23 | year 2007 on the bonds issued for the purposes of Section 7.2 | ||||||
24 | of the General
Obligation Bond Act, so that, by State fiscal | ||||||
25 | year 2011, the
State is contributing at the rate otherwise | ||||||
26 | required under this Section.
| ||||||
27 | (Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)
| ||||||
28 | (40 ILCS 5/14-108.6) | ||||||
29 | Sec. 14-108.6. Alternative retirement cancellation | ||||||
30 | payment. | ||||||
31 | (a) To be eligible for the alternative retirement | ||||||
32 | cancellation payment provided in this Section, a person
must: | ||||||
33 | (1) be a member of this System who, as of June 1, 2006
|
| |||||||
| |||||||
1 | July 1, 2005 , was
(i) in active payroll status as an | ||||||
2 | employee in a position listed in subsection (b) of this | ||||||
3 | Section
and continuously employed in a position listed in | ||||||
4 | subsection (b) on and after January 1, 2006
2005 and (ii) | ||||||
5 | an active contributor to this System with respect to that | ||||||
6 | employment; | ||||||
7 | (2) have not previously received any retirement | ||||||
8 | annuity under this Article; | ||||||
9 | (3) in the case of persons employed in a position title | ||||||
10 | listed under paragraph (1) of subsection (b), be among the | ||||||
11 | first 500 persons to file with the Board on or before | ||||||
12 | August 31, 2006
September 30, 2005 a written
application | ||||||
13 | requesting the alternative retirement cancellation payment | ||||||
14 | provided in this Section; | ||||||
15 | (4) in the case of persons employed in a position title | ||||||
16 | listed under paragraph (2) of subsection (b), have received | ||||||
17 | written authorization from the director or other head of | ||||||
18 | his or her department and filed that authorization with the | ||||||
19 | system on or before August 1, 2006
September 1, 2005 ; | ||||||
20 | (5) if there is a QILDRO in effect against the person, | ||||||
21 | file with the Board the written consent of all alternate | ||||||
22 | payees under the QILDRO to the election of an alternative | ||||||
23 | retirement cancellation payment under this Section;
and | ||||||
24 | (6) terminate employment under this Article within one | ||||||
25 | month after approval of the person's application | ||||||
26 | requesting the alternative retirement cancellation | ||||||
27 | payment, but in no event later than September 30, 2006
| ||||||
28 | October 31,
2005 . | ||||||
29 | (b)(1) Position titles eligible for the alternative | ||||||
30 | retirement cancellation payment provided in this Section are: | ||||||
31 | 911 Analyst III;
Brickmason;
Account Clerk I and II;
| ||||||
32 | Budget Analyst I and II;
Account Technician I and II;
| ||||||
33 | Budget Operations Director;
Accountant;
Budget Principal;
| ||||||
34 | Accountant Advanced;
Building Services Worker;
Accountant |
| |||||||
| |||||||
1 | Supervisor;
Building/Grounds Laborer;
Accounting Fiscal | ||||||
2 | Administrative Career Trainee;
Building/Grounds Lead 1 and | ||||||
3 | 2;
Accounts Payable Processing Analyst;
Building/Grounds | ||||||
4 | Maintenance Worker;
Accounts Payable Specialist;
| ||||||
5 | Building/Grounds Supervisor;
Accounts Processing Analyst;
| ||||||
6 | Bureau Chief;
Actuarial Assistant;
Business Administrative | ||||||
7 | Specialist;
Administrative and Technology Director;
| ||||||
8 | Business Analyst I through IV;
Administrative Assistant I | ||||||
9 | through III;
Business Manager;
Administrative Clerk;
| ||||||
10 | Buyer;
Administrative Coordinator;
Buyer Assistant;
| ||||||
11 | Administrator;
Capital Budget Analyst I and II;
| ||||||
12 | Administrator of Capital Programs;
Capital Budget | ||||||
13 | Director;
Administrator of Construction Administration;
| ||||||
14 | Capital Programs Analyst I and II;
Administrator of | ||||||
15 | Contract Administration;
Capital Programs Technician;
| ||||||
16 | Administrator of Fair Employment Practices;
Carpenter;
| ||||||
17 | Administrator of Fiscal;
Carpenter Foreman;
Administrator | ||||||
18 | of Information Management;
Cartographer I through III;
| ||||||
19 | Administrator of Information Systems;
Chief - Police;
| ||||||
20 | Administrator of Personnel;
Chief Veterans Technician;
| ||||||
21 | Administrator of Professional Services;
Circuit | ||||||
22 | Provisioning Specialist;
Administrator of Public Affairs;
| ||||||
23 | Civil Engineer IV
I through IX;
Administrator of | ||||||
24 | Quality-Based Selection;
Civil Engineer Trainee;
| ||||||
25 | Administrator of Strategic Planning and Training;
Clerical | ||||||
26 | Trainee;
Appeals & Orders Coordinator;
Communications | ||||||
27 | Director;
Appraisal Specialist 1 through 3;
Community | ||||||
28 | Planner 3;
Assignment Coordinator;
Commander;
Assistant | ||||||
29 | Art-in-Architecture Coordinator;
Compliance Specialist;
| ||||||
30 | Assistant Chief - Police;
Conservation Education | ||||||
31 | Representative;
Assistant Internal Auditor;
Conservation | ||||||
32 | Grant Administrator 1 through 3;
Assistant Manager;
| ||||||
33 | Construction Supervisor I and II;
Assistant Personnel | ||||||
34 | Officer;
Consumer Policy Analyst;
Assistant Professor |
| |||||||
| |||||||
1 | Scientist;
Consumer Program Coordinator;
Assistant | ||||||
2 | Reimbursement Officer;
Contract Executive;
Assistant | ||||||
3 | Steward;
Coordinator of Administrative Services;
Associate | ||||||
4 | Director for Administrative Services;
Coordinator of | ||||||
5 | Art-in-Architecture;
Associate Museum Director;
| ||||||
6 | Corrections Clerk I through III;
Associate Professor | ||||||
7 | Scientist;
Corrections Maintenance Supervisor; Corrections | ||||||
8 | Caseworker Supervisor; Corrections Food Service | ||||||
9 | Supervisor;
Auto Parts Warehouse Specialist;
Corrections | ||||||
10 | Maintenance Worker;
Auto Parts Warehouser;
Curator I | ||||||
11 | through III;
Automotive Attendant I and II;
Data Processing | ||||||
12 | Administrative Specialist;
Automotive Mechanic;
Data | ||||||
13 | Processing Assistant;
Automotive Shop Supervisor;
Data | ||||||
14 | Processing Operator;
Baker;
Data Processing Specialist;
| ||||||
15 | Barber;
Data Processing Supervisor 1 through 3;
| ||||||
16 | Beautician;
Data Processing Technician;
Brickmason;
Deputy | ||||||
17 | Chief Counsel;
Director of Licensing;
Desktop Technician;
| ||||||
18 | Director of Security;
Human Resources Officer;
Division | ||||||
19 | Chief;
Human Resources Representative;
Division Director;
| ||||||
20 | Human Resources Specialist;
Economic Analyst I through IV;
| ||||||
21 | Human Resources Trainee;
Electrical Engineer;
Human | ||||||
22 | Services Casework Manager;
Electrical Engineer I through | ||||||
23 | V;
Human Services Grant Coordinator 2 and 3;
Electrical | ||||||
24 | Equipment Installer/Repairer;
Iconographer;
Electrical | ||||||
25 | Equipment Installer/Repairer Lead Worker;
Industry and | ||||||
26 | Commercial Development Representative 1 and 2;
| ||||||
27 | Electrician;
Industry Services Consultant 1 and 2;
| ||||||
28 | Electronics Technician;
Information Services Intern;
| ||||||
29 | Elevator Operator;
Information Services Specialist I and | ||||||
30 | II;
Endangered Species Secretary;
Information Systems | ||||||
31 | Analyst I through III;
Engineering Aide;
Information | ||||||
32 | Systems Manager;
Engineering Analyst I through IV;
| ||||||
33 | Information Systems Planner;
Engineering Manager I and II;
| ||||||
34 | Institutional Maintenance Worker;
Engineering Technician I |
| |||||||
| |||||||
1 | through V;
Instrument Designer;
Environmental Scientist I | ||||||
2 | and II;
Insurance Analyst I through IV;
Executive I through | ||||||
3 | VI;
Executive Assistant;
Intermittent Clerk;
Executive | ||||||
4 | Assistant I through IV;
Intermittent Laborer Maintenance;
| ||||||
5 | Executive Secretary 1 through 3;
Intern;
Federal Funding | ||||||
6 | and Public Safety Director;
Internal Auditor 1;
Financial & | ||||||
7 | Budget Assistant;
Internal Communications Officer;
| ||||||
8 | Financial & Budget Supervisor;
International Marketing | ||||||
9 | Representative 1;
Financial Management Director;
IT | ||||||
10 | Manager;
Fiscal Executive;
Janitor I and II;
Fiscal | ||||||
11 | Officer;
Junior State Veterinarian;
Gas Engineer I through | ||||||
12 | IV;
Junior Supervisor Scientist;
General Counsel and | ||||||
13 | Regulatory Director;
Laboratory Manager II;
General | ||||||
14 | Services Administrator I;
Labor Maintenance Lead Worker;
| ||||||
15 | General Services Technician;
Laborer;
Geographic | ||||||
16 | Information Specialist 1 and 2;
Laborer (Building);
| ||||||
17 | Geologist I through IV;
Laborer (Maintenance);
Graphic | ||||||
18 | Arts Design Supervisor;
Landscape Architect;
Graphic Arts | ||||||
19 | Designer;
Landscape Architect I through IV;
Graphic Arts | ||||||
20 | Technician;
Landscape Planner;
Grounds Supervisor;
Laundry | ||||||
21 | Manager I;
Highway Construction Supervisor I;
Legislative | ||||||
22 | Liaison I and II;
Historical Research Editor 2;
Liability | ||||||
23 | Claims Adjuster 1 and 2;
Historical Research Specialist;
| ||||||
24 | Librarian 1 and 2;
Horse Custodian;
Library Aide I through | ||||||
25 | III;
Horse Identifier;
Library Associate;
Hourly | ||||||
26 | Assistant;
Library Technical Assistant;
Human Resource | ||||||
27 | Coordinator;
Licensing Assistant;
Human Resources Analyst;
| ||||||
28 | Line Technician I through II;
Human Resources Assistant;
| ||||||
29 | Local History Service Representative;
Human Resources | ||||||
30 | Associate;
Local Housing Advisor 2 and 3;
Human Resources | ||||||
31 | Manager;
Local Revenue and Fiscal Advisor 3;
Machinist;
| ||||||
32 | Locksmith;
Maintenance Equipment Operator;
Operations | ||||||
33 | Communications Specialist Trainee;
Maintenance Worker;
| ||||||
34 | Operations Technician;
Maintenance Worker Power Plant;
|
| |||||||
| |||||||
1 | Painter;
Management Information Technician;
Paralegal | ||||||
2 | Assistant;
Management Operations Analyst 1 and 2;
| ||||||
3 | Performance Management Analyst;
Management Secretary I;
| ||||||
4 | Personnel Manager;
Management Systems Specialist;
| ||||||
5 | Photogrammetrist I through IV;
Management Technician I | ||||||
6 | through IV;
Physician;
Manager;
Physician Specialist | ||||||
7 | Operations A through D;
Manpower Planner 1 through 3;
| ||||||
8 | Planning Director;
Medical Administrator III and V;
Plant | ||||||
9 | Maintenance Engineer 1 and 2;
Methods & Processes Advisor | ||||||
10 | 1, 2 and III;
Plumber;
Methods & Processes Career Associate | ||||||
11 | 1 and 2;
Policy Advisor;
Microfilm Operator I through III;
| ||||||
12 | Policy Analyst I through IV;
Military Administrative | ||||||
13 | Assistant I;
Power Shovel Operator (Maintenance);
Military | ||||||
14 | Administrative Clerk;
Principal Economist;
Military | ||||||
15 | Administrative Officer-Legal;
Principal Scientist;
| ||||||
16 | Military Administrative Specialist;
Private Secretary 1 | ||||||
17 | and 2;
Military Community Relations Specialist;
Private | ||||||
18 | Secretary I and II;
Military Cooperative Agreement | ||||||
19 | Specialist;
Procurement Representative;
Military Crash, | ||||||
20 | Fire, Rescue I through III;
Professor & Scientist;
Military | ||||||
21 | Energy Manager;
Program Manager;
Military Engineer | ||||||
22 | Technician;
Program Specialist;
Military Environmental | ||||||
23 | Specialist I through III;
Project Coordinator;
Military | ||||||
24 | Facilities Engineer;
Project Designer;
Military Facilities | ||||||
25 | Officer I;
Project Manager I through III;
Military | ||||||
26 | Maintenance Engineer;
Project Manager;
Military Museum | ||||||
27 | Director;
Project Manager/Technical Specialist I thru III;
| ||||||
28 | Military Program Supervisor;
Project Specialist I through | ||||||
29 | IV;
Military Property Custodian II;
Projects Director;
| ||||||
30 | Military Real Property Clerk;
Property & Supply Clerk I | ||||||
31 | through III;
Motorist Assistance Specialist;
Property | ||||||
32 | Control Officer;
Museum Director;
Public Administration | ||||||
33 | Intern;
Museum Security Head I through III;
Public | ||||||
34 | Information Coordinator;
Museum Technician I through III;
|
| |||||||
| |||||||
1 | Public Information Officer;
Network Control Center | ||||||
2 | Specialist;
Public Information Officer 2 through 4;
| ||||||
3 | Network Control Center Technician 2;
Public Service | ||||||
4 | Administrator;
Network Engineer I through IV;
Race Track | ||||||
5 | Maintenance 1 and 2;
Office Administration Specialist;
| ||||||
6 | Radio Technician Program Coordinator;
Office Administrator | ||||||
7 | 1 through 5;
Realty Specialist I through V;
Office Aide;
| ||||||
8 | Receptionist;
Office Assistant;
Regional Manager;
Office | ||||||
9 | Associate;
Regulatory Accountant IV;
Office Clerk;
| ||||||
10 | Reimbursement Officer 1 and 2;
Office Coordinator;
| ||||||
11 | Representative I and II;
Office Manager;
Representative | ||||||
12 | Trainee;
Office Occupations Trainee;
School Construction | ||||||
13 | Manager;
Office Specialist;
Secretary I and IV;
Operations | ||||||
14 | Communications Specialist I and II;
Security Guard;
Senior | ||||||
15 | Economic Analyst;
Security Supervisor; Senior Editor;
| ||||||
16 | Systems Developer I through IV;
Senior Electrical | ||||||
17 | Engineer;
Systems Developer Trainee;
Senior Financial & | ||||||
18 | Budget Assistant;
Systems Engineer I through IV;
Senior Gas | ||||||
19 | Engineer;
Systems Engineer Trainee;
Senior Policy Analyst;
| ||||||
20 | Tariff & Order Coordinator;
Senior Programs Analyst;
| ||||||
21 | Tariff Administrator III;
Senior Project Consultant;
| ||||||
22 | Tariff Analyst IV;
Senior Project Manager;
Teacher of | ||||||
23 | Barbering;
Senior Public Information Officer;
Teacher of | ||||||
24 | Beauty Culture;
Senior Public Service Administrator;
| ||||||
25 | Technical Advisor 2 and 3;
Senior Rate Analyst;
Technical | ||||||
26 | Advisor I through VII;
Senior Technical Assistant;
| ||||||
27 | Technical Analyst; Technical Manager VII
I through IX;
| ||||||
28 | Senior Technical Supervisor;
Technical Assistant;
Senior | ||||||
29 | Technology Specialist;
Technical Manager 1;
Senior | ||||||
30 | Transportation Industry Analyst;
Technical Manager I | ||||||
31 | through X;
Sewage Plant Operator;
Technical Specialist;
| ||||||
32 | Sign Hanger;
Technical Support Specialist;
Sign Hanger | ||||||
33 | Foreman;
Technical Specialist I thru III;
Sign Painter;
| ||||||
34 | Technician Trainee;
Sign Shop Foreman;
Telecom Systems |
| |||||||
| |||||||
1 | Analyst;
Silk Screen Operator;
Telecom Systems Consultant;
| ||||||
2 | Senior Administrative Assistant;
Telecom Systems | ||||||
3 | Technician 1 and 2;
Site Superintendent;
Telecommunication | ||||||
4 | Supervisor;
Software Architect;
Tinsmith;
Special | ||||||
5 | Assistant;
Trades Tender;
Special Assistant to the | ||||||
6 | Executive Director;
Training Coordinator;
Staff | ||||||
7 | Development Specialist I;
Transportation Counsel;
Staff | ||||||
8 | Development Technician II;
Transportation Industry Analyst | ||||||
9 | III;
State Police Captain;
Transportation Industry | ||||||
10 | Customer Service;
State Police Lieutenant;
Transportation | ||||||
11 | Officer;
State Police Major;
Transportation Policy Analyst | ||||||
12 | III and IV;
State Police Master Sergeant;
Urban Planner I | ||||||
13 | through VI;
Stationary Engineer;
Utility Engineer I and II;
| ||||||
14 | Stationary Engineer Assistant Chief;
Veteran Secretary;
| ||||||
15 | Stationary Engineer Chief;
Veteran Technician;
Stationary | ||||||
16 | Fireman;
Water Engineer I through IV;
Statistical Research | ||||||
17 | Specialist 1 through 3;
Water Plant Operator;
Statistical | ||||||
18 | Research Supervisor;
Web and Publications Manager;
| ||||||
19 | Statistical Research Technician;
Steamfitter;
Steward;
| ||||||
20 | Steward Secretary;
Storekeeper I through III;
Stores | ||||||
21 | Clerk;
Student Intern;
Student Worker;
Supervisor;
| ||||||
22 | Supervisor & Assistant Scientist;
Supervisor & Associate | ||||||
23 | Scientist;
Switchboard Operator 1 through 3; | ||||||
24 | Administrative Assistant to the Superintendent; Assistant | ||||||
25 | Legal Advisor; Legal Assistant; Senior Human Resources | ||||||
26 | Specialist; Principal Internal Auditor; Division | ||||||
27 | Administrator; Division Supervisor; and Private Secretary | ||||||
28 | I through III ; Actuary 1 through 3; Agriculture Marketing | ||||||
29 | Reporter; Apiary Inspector; App/Dry Goods Specialist I | ||||||
30 | through III; Appraisal Specialist Trainer; Check Issuance | ||||||
31 | Machine Operator; Check Issuance Machine Supervisor; | ||||||
32 | Corrections Leisure Activity Specialist 2 through 4; | ||||||
33 | Corrections Supply Supervisor I through III; Guard 1 | ||||||
34 | through 3; Guard Supervisor; Information Tech/Com System |
| |||||||
| |||||||
1 | Specialist 1 and 2; Police Officer I and II; Property & | ||||||
2 | Supply Clerk I through III; Reproductive Services | ||||||
3 | Supervisor 1; Reproductive Services Tech 1 through 3; | ||||||
4 | Security Guard 1; Security Officer; Security Officer | ||||||
5 | Chief; Security Officer Lieutenant; Security Officer Sgt; | ||||||
6 | and Volunteer Services Coordinator 1 through III . | ||||||
7 | (2) In addition, any position titles with the Speaker | ||||||
8 | of the House of Representatives, the Minority Leader of the | ||||||
9 | House of Representatives, the President of the Senate, the | ||||||
10 | Minority Leader of the Senate, the Attorney General, the | ||||||
11 | Secretary of State, the Comptroller, the Treasurer, the | ||||||
12 | Auditor General, the Supreme Court, the Court of Claims, | ||||||
13 | and each legislative agency are eligible for the | ||||||
14 | alternative retirement cancellation payment provided in | ||||||
15 | this Section. | ||||||
16 | (c) In lieu of any retirement annuity or other benefit | ||||||
17 | provided under this Article, a person who qualifies for and | ||||||
18 | elects to receive the alternative retirement cancellation | ||||||
19 | payment under this Section shall be entitled to receive a | ||||||
20 | one-time lump sum retirement cancellation payment equal to the | ||||||
21 | amount of his or her contributions to the System (including any | ||||||
22 | employee contributions for optional service credit and | ||||||
23 | including any employee contributions paid by the employer or | ||||||
24 | credited to the employee during disability) as of the date of | ||||||
25 | termination, with regular interest, multiplied by 2.
| ||||||
26 | (d) Notwithstanding any other provision of this Article, a | ||||||
27 | person who receives an alternative retirement cancellation | ||||||
28 | payment under this Section thereby forfeits the right to any | ||||||
29 | other retirement or disability benefit or refund under this | ||||||
30 | Article, and no widow's, survivor's, or death benefit deriving | ||||||
31 | from that person shall be payable under this Article. Upon | ||||||
32 | accepting an alternative retirement cancellation payment under | ||||||
33 | this Section, the person's creditable service and all other | ||||||
34 | rights in the System are terminated for all purposes, except |
| |||||||
| |||||||
1 | for the purpose of determining State group life and health | ||||||
2 | benefits for the person and his or her survivors as provided | ||||||
3 | under the State Employees Group Insurance Act of 1971. | ||||||
4 | (e) To the extent permitted by federal law, a person who | ||||||
5 | receives an alternative retirement cancellation payment under | ||||||
6 | this Section may direct the System to pay all or a portion of | ||||||
7 | that payment as a rollover into another retirement plan or | ||||||
8 | account qualified under the Internal Revenue Code of 1986, as | ||||||
9 | amended. | ||||||
10 | (f) Notwithstanding Section 14-111, a person who has | ||||||
11 | received an alternative retirement cancellation payment under | ||||||
12 | this Section and who reenters
service under this Article other | ||||||
13 | than as a temporary employee must repay to the System the | ||||||
14 | amount by which that alternative retirement cancellation | ||||||
15 | payment exceeded the amount of his or her refundable employee | ||||||
16 | contributions within 60 days of resuming employment under this | ||||||
17 | System. For the purposes of re-establishing creditable service | ||||||
18 | that was terminated upon election of the alternative retirement | ||||||
19 | cancellation payment, the portion of the alternative | ||||||
20 | retirement cancellation payment representing refundable | ||||||
21 | employee contributions shall be deemed a refund repayable in | ||||||
22 | accordance with Section 14-130. | ||||||
23 | (g) The Commission on Government Forecasting and | ||||||
24 | Accountability shall determine
and report to the Governor and | ||||||
25 | the General
Assembly, on or before January 1, 2008
2007 , its | ||||||
26 | estimate of (1) the annual amount of payroll savings likely to | ||||||
27 | be
realized by the State as a result of the early termination | ||||||
28 | of persons receiving
the alternative retirement cancellation | ||||||
29 | payment under this Section and (2) the net annual savings
or | ||||||
30 | cost to the State from the program of alternative retirement | ||||||
31 | cancellation payments under this Section. | ||||||
32 | The System, the Department of Central Management Services, | ||||||
33 | the
Governor's Office of Management and Budget, and all other | ||||||
34 | departments shall provide to the Commission any
assistance that |
| |||||||
| |||||||
1 | the Commission may request with respect to its report under
| ||||||
2 | this Section. The Commission may require departments to provide | ||||||
3 | it with any
information that it deems necessary or useful with | ||||||
4 | respect to its reports under
this Section, including without | ||||||
5 | limitation information about (1) the final
earnings of former | ||||||
6 | department employees who elected to receive alternative | ||||||
7 | retirement cancellation payments under
this Section, (2) the | ||||||
8 | earnings of current department employees holding the
positions | ||||||
9 | vacated by persons who elected to receive alternative | ||||||
10 | retirement cancellation payments under this
Section, and (3) | ||||||
11 | positions vacated by persons who elected to receive alternative | ||||||
12 | retirement cancellation payments
under this Section that have | ||||||
13 | not yet been refilled.
| ||||||
14 | (Source: P.A. 94-109, eff. 7-1-05.)
| ||||||
15 | (40 ILCS 5/14-131)
(from Ch. 108 1/2, par. 14-131)
| ||||||
16 | Sec. 14-131. Contributions by State.
| ||||||
17 | (a) The State shall make contributions to the System by | ||||||
18 | appropriations of
amounts which, together with other employer | ||||||
19 | contributions from trust, federal,
and other funds, employee | ||||||
20 | contributions, investment income, and other income,
will be | ||||||
21 | sufficient to meet the cost of maintaining and administering | ||||||
22 | the System
on a 90% funded basis in accordance with actuarial | ||||||
23 | recommendations.
| ||||||
24 | For the purposes of this Section and Section 14-135.08, | ||||||
25 | references to State
contributions refer only to employer | ||||||
26 | contributions and do not include employee
contributions that | ||||||
27 | are picked up or otherwise paid by the State or a
department on | ||||||
28 | behalf of the employee.
| ||||||
29 | (b) The Board shall determine the total amount of State | ||||||
30 | contributions
required for each fiscal year on the basis of the | ||||||
31 | actuarial tables and other
assumptions adopted by the Board, | ||||||
32 | using the formula in subsection (e).
| ||||||
33 | The Board shall also determine a State contribution rate |
| |||||||
| |||||||
1 | for each fiscal
year, expressed as a percentage of payroll, | ||||||
2 | based on the total required State
contribution for that fiscal | ||||||
3 | year (less the amount received by the System from
| ||||||
4 | appropriations under Section 8.12 of the State Finance Act and | ||||||
5 | Section 1 of the
State Pension Funds Continuing Appropriation | ||||||
6 | Act, if any, for the fiscal year
ending on the June 30 | ||||||
7 | immediately preceding the applicable November 15
certification | ||||||
8 | deadline), the estimated payroll (including all forms of
| ||||||
9 | compensation) for personal services rendered by eligible | ||||||
10 | employees, and the
recommendations of the actuary.
| ||||||
11 | For the purposes of this Section and Section 14.1 of the | ||||||
12 | State Finance Act,
the term "eligible employees" includes | ||||||
13 | employees who participate in the System,
persons who may elect | ||||||
14 | to participate in the System but have not so elected,
persons | ||||||
15 | who are serving a qualifying period that is required for | ||||||
16 | participation,
and annuitants employed by a department as | ||||||
17 | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
| ||||||
18 | (c) Contributions shall be made by the several departments | ||||||
19 | for each pay
period by warrants drawn by the State Comptroller | ||||||
20 | against their respective
funds or appropriations based upon | ||||||
21 | vouchers stating the amount to be so
contributed. These amounts | ||||||
22 | shall be based on the full rate certified by the
Board under | ||||||
23 | Section 14-135.08 for that fiscal year.
From the effective date | ||||||
24 | of this amendatory Act of the 93rd General
Assembly through the | ||||||
25 | payment of the final payroll from fiscal year 2004
| ||||||
26 | appropriations, the several departments shall not make | ||||||
27 | contributions
for the remainder of fiscal year 2004 but shall | ||||||
28 | instead make payments
as required under subsection (a-1) of | ||||||
29 | Section 14.1 of the State Finance Act.
The several departments | ||||||
30 | shall resume those contributions at the commencement of
fiscal | ||||||
31 | year 2005.
| ||||||
32 | (d) If an employee is paid from trust funds or federal | ||||||
33 | funds, the
department or other employer shall pay employer | ||||||
34 | contributions from those funds
to the System at the certified |
| |||||||
| |||||||
1 | rate, unless the terms of the trust or the
federal-State | ||||||
2 | agreement preclude the use of the funds for that purpose, in
| ||||||
3 | which case the required employer contributions shall be paid by | ||||||
4 | the State.
From the effective date of this amendatory
Act of | ||||||
5 | the 93rd General Assembly through the payment of the final
| ||||||
6 | payroll from fiscal year 2004 appropriations, the department or | ||||||
7 | other
employer shall not pay contributions for the remainder of | ||||||
8 | fiscal year
2004 but shall instead make payments as required | ||||||
9 | under subsection (a-1) of
Section 14.1 of the State Finance | ||||||
10 | Act. The department or other employer shall
resume payment of
| ||||||
11 | contributions at the commencement of fiscal year 2005.
| ||||||
12 | (e) For State fiscal years 2011 through 2045, the minimum | ||||||
13 | contribution
to the System to be made by the State for each | ||||||
14 | fiscal year shall be an amount
determined by the System to be | ||||||
15 | sufficient to bring the total assets of the
System up to 90% of | ||||||
16 | the total actuarial liabilities of the System by the end
of | ||||||
17 | State fiscal year 2045. In making these determinations, the | ||||||
18 | required State
contribution shall be calculated each year as a | ||||||
19 | level percentage of payroll
over the years remaining to and | ||||||
20 | including fiscal year 2045 and shall be
determined under the | ||||||
21 | projected unit credit actuarial cost method.
| ||||||
22 | For State fiscal years 1996 through 2005, the State | ||||||
23 | contribution to
the System, as a percentage of the applicable | ||||||
24 | employee payroll, shall be
increased in equal annual increments | ||||||
25 | so that by State fiscal year 2011, the
State is contributing at | ||||||
26 | the rate required under this Section; except that
(i) for State | ||||||
27 | fiscal year 1998, for all purposes of this Code and any other
| ||||||
28 | law of this State, the certified percentage of the applicable | ||||||
29 | employee payroll
shall be 5.052% for employees earning eligible | ||||||
30 | creditable service under Section
14-110 and 6.500% for all | ||||||
31 | other employees, notwithstanding any contrary
certification | ||||||
32 | made under Section 14-135.08 before the effective date of this
| ||||||
33 | amendatory Act of 1997, and (ii)
in the following specified | ||||||
34 | State fiscal years, the State contribution to
the System shall |
| |||||||
| |||||||
1 | not be less than the following indicated percentages of the
| ||||||
2 | applicable employee payroll, even if the indicated percentage | ||||||
3 | will produce a
State contribution in excess of the amount | ||||||
4 | otherwise required under this
subsection and subsection (a):
| ||||||
5 | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY | ||||||
6 | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
| ||||||
7 | Notwithstanding any other provision of this Article, the | ||||||
8 | total required State
contribution to the System for State | ||||||
9 | fiscal year 2006 is $203,783,900.
| ||||||
10 | Notwithstanding any other provision of this Article, the | ||||||
11 | total required State
contribution to the System for State | ||||||
12 | fiscal year 2007 is $344,164,400.
| ||||||
13 | For each of State fiscal years 2008 through 2010, the State | ||||||
14 | contribution to
the System, as a percentage of the applicable | ||||||
15 | employee payroll, shall be
increased in equal annual increments | ||||||
16 | from the required State contribution for State fiscal year | ||||||
17 | 2007, so that by State fiscal year 2011, the
State is | ||||||
18 | contributing at the rate otherwise required under this Section.
| ||||||
19 | Beginning in State fiscal year 2046, the minimum State | ||||||
20 | contribution for
each fiscal year shall be the amount needed to | ||||||
21 | maintain the total assets of
the System at 90% of the total | ||||||
22 | actuarial liabilities of the System.
| ||||||
23 | Amounts received by the System pursuant to Section 25 of | ||||||
24 | the Budget Stabilization Act in any fiscal year do not reduce | ||||||
25 | and do not constitute payment of any portion of the minimum | ||||||
26 | State contribution required under this Article in that fiscal | ||||||
27 | year. Such amounts shall not reduce, and shall not be included | ||||||
28 | in the calculation of, the required State contributions under | ||||||
29 | this Article in any future year until the System has reached a | ||||||
30 | funding ratio of at least 90%. A reference in this Article to | ||||||
31 | the "required State contribution" or any substantially similar | ||||||
32 | term does not include or apply to any amounts payable to the | ||||||
33 | System under Section 25 of the Budget Stabilization Act.
| ||||||
34 | Notwithstanding any other provision of this Section, the |
| |||||||
| |||||||
1 | required State
contribution for State fiscal year 2005 and for | ||||||
2 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
3 | under this Section and
certified under Section 14-135.08, shall | ||||||
4 | not exceed an amount equal to (i) the
amount of the required | ||||||
5 | State contribution that would have been calculated under
this | ||||||
6 | Section for that fiscal year if the System had not received any | ||||||
7 | payments
under subsection (d) of Section 7.2 of the General | ||||||
8 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
9 | total debt service payments for that fiscal
year on the bonds | ||||||
10 | issued for the purposes of that Section 7.2, as determined
and | ||||||
11 | certified by the Comptroller, that is the same as the System's | ||||||
12 | portion of
the total moneys distributed under subsection (d) of | ||||||
13 | Section 7.2 of the General
Obligation Bond Act. In determining | ||||||
14 | this maximum for State fiscal years 2008 through 2010, however, | ||||||
15 | the amount referred to in item (i) shall be increased, as a | ||||||
16 | percentage of the applicable employee payroll, in equal | ||||||
17 | increments calculated from the sum of the required State | ||||||
18 | contribution for State fiscal year 2007 plus the applicable | ||||||
19 | portion of the State's total debt service payments for fiscal | ||||||
20 | year 2007 on the bonds issued for the purposes of Section 7.2 | ||||||
21 | of the General
Obligation Bond Act, so that, by State fiscal | ||||||
22 | year 2011, the
State is contributing at the rate otherwise | ||||||
23 | required under this Section.
| ||||||
24 | (f) After the submission of all payments for eligible | ||||||
25 | employees
from personal services line items in fiscal year 2004 | ||||||
26 | have been made,
the Comptroller shall provide to the System a | ||||||
27 | certification of the sum
of all fiscal year 2004 expenditures | ||||||
28 | for personal services that would
have been covered by payments | ||||||
29 | to the System under this Section if the
provisions of this | ||||||
30 | amendatory Act of the 93rd General Assembly had not been
| ||||||
31 | enacted. Upon
receipt of the certification, the System shall | ||||||
32 | determine the amount
due to the System based on the full rate | ||||||
33 | certified by the Board under
Section 14-135.08 for fiscal year | ||||||
34 | 2004 in order to meet the State's
obligation under this |
| |||||||
| |||||||
1 | Section. The System shall compare this amount
due to the amount | ||||||
2 | received by the System in fiscal year 2004 through
payments | ||||||
3 | under this Section and under Section 6z-61 of the State Finance | ||||||
4 | Act.
If the amount
due is more than the amount received, the | ||||||
5 | difference shall be termed the
"Fiscal Year 2004 Shortfall" for | ||||||
6 | purposes of this Section, and the
Fiscal Year 2004 Shortfall | ||||||
7 | shall be satisfied under Section 1.2 of the State
Pension Funds | ||||||
8 | Continuing Appropriation Act. If the amount due is less than | ||||||
9 | the
amount received, the
difference shall be termed the "Fiscal | ||||||
10 | Year 2004 Overpayment" for purposes of
this Section, and the | ||||||
11 | Fiscal Year 2004 Overpayment shall be repaid by
the System to | ||||||
12 | the Pension Contribution Fund as soon as practicable
after the | ||||||
13 | certification.
| ||||||
14 | (Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4, | ||||||
15 | eff. 6-1-05.)
| ||||||
16 | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
| ||||||
17 | Sec. 15-155. Employer contributions.
| ||||||
18 | (a) The State of Illinois shall make contributions by | ||||||
19 | appropriations of
amounts which, together with the other | ||||||
20 | employer contributions from trust,
federal, and other funds, | ||||||
21 | employee contributions, income from investments,
and other | ||||||
22 | income of this System, will be sufficient to meet the cost of
| ||||||
23 | maintaining and administering the System on a 90% funded basis | ||||||
24 | in accordance
with actuarial recommendations.
| ||||||
25 | The Board shall determine the amount of State contributions | ||||||
26 | required for
each fiscal year on the basis of the actuarial | ||||||
27 | tables and other assumptions
adopted by the Board and the | ||||||
28 | recommendations of the actuary, using the formula
in subsection | ||||||
29 | (a-1).
| ||||||
30 | (a-1) For State fiscal years 2011 through 2045, the minimum | ||||||
31 | contribution
to the System to be made by the State for each | ||||||
32 | fiscal year shall be an amount
determined by the System to be | ||||||
33 | sufficient to bring the total assets of the
System up to 90% of |
| |||||||
| |||||||
1 | the total actuarial liabilities of the System by the end of
| ||||||
2 | State fiscal year 2045. In making these determinations, the | ||||||
3 | required State
contribution shall be calculated each year as a | ||||||
4 | level percentage of payroll
over the years remaining to and | ||||||
5 | including fiscal year 2045 and shall be
determined under the | ||||||
6 | projected unit credit actuarial cost method.
| ||||||
7 | For State fiscal years 1996 through 2005, the State | ||||||
8 | contribution to
the System, as a percentage of the applicable | ||||||
9 | employee payroll, shall be
increased in equal annual increments | ||||||
10 | so that by State fiscal year 2011, the
State is contributing at | ||||||
11 | the rate required under this Section.
| ||||||
12 | Notwithstanding any other provision of this Article, the | ||||||
13 | total required State
contribution for State fiscal year 2006 is | ||||||
14 | $166,641,900.
| ||||||
15 | Notwithstanding any other provision of this Article, the | ||||||
16 | total required State
contribution for State fiscal year 2007 is | ||||||
17 | $252,064,100.
| ||||||
18 | For each of State fiscal years 2008 through 2010, the State | ||||||
19 | contribution to
the System, as a percentage of the applicable | ||||||
20 | employee payroll, shall be
increased in equal annual increments | ||||||
21 | from the required State contribution for State fiscal year | ||||||
22 | 2007, so that by State fiscal year 2011, the
State is | ||||||
23 | contributing at the rate otherwise required under this Section.
| ||||||
24 | Beginning in State fiscal year 2046, the minimum State | ||||||
25 | contribution for
each fiscal year shall be the amount needed to | ||||||
26 | maintain the total assets of
the System at 90% of the total | ||||||
27 | actuarial liabilities of the System.
| ||||||
28 | Amounts received by the System pursuant to Section 25 of | ||||||
29 | the Budget Stabilization Act in any fiscal year do not reduce | ||||||
30 | and do not constitute payment of any portion of the minimum | ||||||
31 | State contribution required under this Article in that fiscal | ||||||
32 | year. Such amounts shall not reduce, and shall not be included | ||||||
33 | in the calculation of, the required State contributions under | ||||||
34 | this Article in any future year until the System has reached a |
| |||||||
| |||||||
1 | funding ratio of at least 90%. A reference in this Article to | ||||||
2 | the "required State contribution" or any substantially similar | ||||||
3 | term does not include or apply to any amounts payable to the | ||||||
4 | System under Section 25 of the Budget Stabilization Act.
| ||||||
5 | Notwithstanding any other provision of this Section, the | ||||||
6 | required State
contribution for State fiscal year 2005 and for | ||||||
7 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
8 | under this Section and
certified under Section 15-165, shall | ||||||
9 | not exceed an amount equal to (i) the
amount of the required | ||||||
10 | State contribution that would have been calculated under
this | ||||||
11 | Section for that fiscal year if the System had not received any | ||||||
12 | payments
under subsection (d) of Section 7.2 of the General | ||||||
13 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
14 | total debt service payments for that fiscal
year on the bonds | ||||||
15 | issued for the purposes of that Section 7.2, as determined
and | ||||||
16 | certified by the Comptroller, that is the same as the System's | ||||||
17 | portion of
the total moneys distributed under subsection (d) of | ||||||
18 | Section 7.2 of the General
Obligation Bond Act. In determining | ||||||
19 | this maximum for State fiscal years 2008 through 2010, however, | ||||||
20 | the amount referred to in item (i) shall be increased, as a | ||||||
21 | percentage of the applicable employee payroll, in equal | ||||||
22 | increments calculated from the sum of the required State | ||||||
23 | contribution for State fiscal year 2007 plus the applicable | ||||||
24 | portion of the State's total debt service payments for fiscal | ||||||
25 | year 2007 on the bonds issued for the purposes of Section 7.2 | ||||||
26 | of the General
Obligation Bond Act, so that, by State fiscal | ||||||
27 | year 2011, the
State is contributing at the rate otherwise | ||||||
28 | required under this Section.
| ||||||
29 | (b) If an employee is paid from trust or federal funds, the | ||||||
30 | employer
shall pay to the Board contributions from those funds | ||||||
31 | which are
sufficient to cover the accruing normal costs on | ||||||
32 | behalf of the employee.
However, universities having employees | ||||||
33 | who are compensated out of local
auxiliary funds, income funds, | ||||||
34 | or service enterprise funds are not required
to pay such |
| |||||||
| |||||||
1 | contributions on behalf of those employees. The local auxiliary
| ||||||
2 | funds, income funds, and service enterprise funds of | ||||||
3 | universities shall not be
considered trust funds for the | ||||||
4 | purpose of this Article, but funds of alumni
associations, | ||||||
5 | foundations, and athletic associations which are affiliated | ||||||
6 | with
the universities included as employers under this Article | ||||||
7 | and other employers
which do not receive State appropriations | ||||||
8 | are considered to be trust funds for
the purpose of this | ||||||
9 | Article.
| ||||||
10 | (b-1) The City of Urbana and the City of Champaign shall | ||||||
11 | each make
employer contributions to this System for their | ||||||
12 | respective firefighter
employees who participate in this | ||||||
13 | System pursuant to subsection (h) of Section
15-107. The rate | ||||||
14 | of contributions to be made by those municipalities shall
be | ||||||
15 | determined annually by the Board on the basis of the actuarial | ||||||
16 | assumptions
adopted by the Board and the recommendations of the | ||||||
17 | actuary, and shall be
expressed as a percentage of salary for | ||||||
18 | each such employee. The Board shall
certify the rate to the | ||||||
19 | affected municipalities as soon as may be practical.
The | ||||||
20 | employer contributions required under this subsection shall be | ||||||
21 | remitted by
the municipality to the System at the same time and | ||||||
22 | in the same manner as
employee contributions.
| ||||||
23 | (c) Through State fiscal year 1995: The total employer | ||||||
24 | contribution shall
be apportioned among the various funds of | ||||||
25 | the State and other employers,
whether trust, federal, or other | ||||||
26 | funds, in accordance with actuarial procedures
approved by the | ||||||
27 | Board. State of Illinois contributions for employers receiving
| ||||||
28 | State appropriations for personal services shall be payable | ||||||
29 | from appropriations
made to the employers or to the System. The | ||||||
30 | contributions for Class I
community colleges covering earnings | ||||||
31 | other than those paid from trust and
federal funds, shall be | ||||||
32 | payable solely from appropriations to the Illinois
Community | ||||||
33 | College Board or the System for employer contributions.
| ||||||
34 | (d) Beginning in State fiscal year 1996, the required State |
| |||||||
| |||||||
1 | contributions
to the System shall be appropriated directly to | ||||||
2 | the System and shall be payable
through vouchers issued in | ||||||
3 | accordance with subsection (c) of Section 15-165, except as | ||||||
4 | provided in subsection (g).
| ||||||
5 | (e) The State Comptroller shall draw warrants payable to | ||||||
6 | the System upon
proper certification by the System or by the | ||||||
7 | employer in accordance with the
appropriation laws and this | ||||||
8 | Code.
| ||||||
9 | (f) Normal costs under this Section means liability for
| ||||||
10 | pensions and other benefits which accrues to the System because | ||||||
11 | of the
credits earned for service rendered by the participants | ||||||
12 | during the
fiscal year and expenses of administering the | ||||||
13 | System, but shall not
include the principal of or any | ||||||
14 | redemption premium or interest on any bonds
issued by the Board | ||||||
15 | or any expenses incurred or deposits required in
connection | ||||||
16 | therewith.
| ||||||
17 | (g) If the amount of a participant's earnings for any | ||||||
18 | academic year used to determine the final rate of earnings | ||||||
19 | exceeds the amount of his or her earnings with the same | ||||||
20 | employer for the previous academic year by more than 6%, the | ||||||
21 | participant's employer shall pay to the System, in addition to | ||||||
22 | all other payments required under this Section and in | ||||||
23 | accordance with guidelines established by the System, the | ||||||
24 | present value of the increase in benefits resulting from the | ||||||
25 | portion of the increase in earnings that is in excess of 6%. | ||||||
26 | This present value shall be computed by the System on the basis | ||||||
27 | of the actuarial assumptions and tables used in the most recent | ||||||
28 | actuarial valuation of the System that is available at the time | ||||||
29 | of the computation. The employer contributions required under | ||||||
30 | this subsection (g) shall be paid in the form of a lump sum | ||||||
31 | within 30 days after receipt of the bill after the participant | ||||||
32 | begins receiving benefits under this Article.
| ||||||
33 | The provisions of this subsection (g) do not apply to | ||||||
34 | earnings increases paid to participants under contracts or |
| |||||||
| |||||||
1 | collective bargaining agreements entered into, amended, or | ||||||
2 | renewed before the effective date of this amendatory Act of the | ||||||
3 | 94th General Assembly.
| ||||||
4 | (Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)
| ||||||
5 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
6 | Sec. 16-158. Contributions by State and other employing | ||||||
7 | units.
| ||||||
8 | (a) The State shall make contributions to the System by | ||||||
9 | means of
appropriations from the Common School Fund and other | ||||||
10 | State funds of amounts
which, together with other employer | ||||||
11 | contributions, employee contributions,
investment income, and | ||||||
12 | other income, will be sufficient to meet the cost of
| ||||||
13 | maintaining and administering the System on a 90% funded basis | ||||||
14 | in accordance
with actuarial recommendations.
| ||||||
15 | The Board shall determine the amount of State contributions | ||||||
16 | required for
each fiscal year on the basis of the actuarial | ||||||
17 | tables and other assumptions
adopted by the Board and the | ||||||
18 | recommendations of the actuary, using the formula
in subsection | ||||||
19 | (b-3).
| ||||||
20 | (a-1) Annually, on or before November 15, the Board shall | ||||||
21 | certify to the
Governor the amount of the required State | ||||||
22 | contribution for the coming fiscal
year. The certification | ||||||
23 | shall include a copy of the actuarial recommendations
upon | ||||||
24 | which it is based.
| ||||||
25 | On or before May 1, 2004, the Board shall recalculate and | ||||||
26 | recertify to
the Governor the amount of the required State | ||||||
27 | contribution to the System for
State fiscal year 2005, taking | ||||||
28 | into account the amounts appropriated to and
received by the | ||||||
29 | System under subsection (d) of Section 7.2 of the General
| ||||||
30 | Obligation Bond Act.
| ||||||
31 | On or before July 1, 2005, the Board shall recalculate and | ||||||
32 | recertify
to the Governor the amount of the required State
| ||||||
33 | contribution to the System for State fiscal year 2006, taking |
| |||||||
| |||||||
1 | into account the changes in required State contributions made | ||||||
2 | by this amendatory Act of the 94th General Assembly.
| ||||||
3 | (b) Through State fiscal year 1995, the State contributions | ||||||
4 | shall be
paid to the System in accordance with Section 18-7 of | ||||||
5 | the School Code.
| ||||||
6 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
7 | of each month,
or as soon thereafter as may be practicable, the | ||||||
8 | Board shall submit vouchers
for payment of State contributions | ||||||
9 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
10 | required annual State contribution certified under
subsection | ||||||
11 | (a-1).
From the
effective date of this amendatory Act of the | ||||||
12 | 93rd General Assembly
through June 30, 2004, the Board shall | ||||||
13 | not submit vouchers for the
remainder of fiscal year 2004 in | ||||||
14 | excess of the fiscal year 2004
certified contribution amount | ||||||
15 | determined under this Section
after taking into consideration | ||||||
16 | the transfer to the System
under subsection (a) of Section | ||||||
17 | 6z-61 of the State Finance Act.
These vouchers shall be paid by | ||||||
18 | the State Comptroller and
Treasurer by warrants drawn on the | ||||||
19 | funds appropriated to the System for that
fiscal year.
| ||||||
20 | If in any month the amount remaining unexpended from all | ||||||
21 | other appropriations
to the System for the applicable fiscal | ||||||
22 | year (including the appropriations to
the System under Section | ||||||
23 | 8.12 of the State Finance Act and Section 1 of the
State | ||||||
24 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
25 | amount
lawfully vouchered under this subsection, the | ||||||
26 | difference shall be paid from the
Common School Fund under the | ||||||
27 | continuing appropriation authority provided in
Section 1.1 of | ||||||
28 | the State Pension Funds Continuing Appropriation Act.
| ||||||
29 | (b-2) Allocations from the Common School Fund apportioned | ||||||
30 | to school
districts not coming under this System shall not be | ||||||
31 | diminished or affected by
the provisions of this Article.
| ||||||
32 | (b-3) For State fiscal years 2011 through 2045, the minimum | ||||||
33 | contribution
to the System to be made by the State for each | ||||||
34 | fiscal year shall be an amount
determined by the System to be |
| |||||||
| |||||||
1 | sufficient to bring the total assets of the
System up to 90% of | ||||||
2 | the total actuarial liabilities of the System by the end of
| ||||||
3 | State fiscal year 2045. In making these determinations, the | ||||||
4 | required State
contribution shall be calculated each year as a | ||||||
5 | level percentage of payroll
over the years remaining to and | ||||||
6 | including fiscal year 2045 and shall be
determined under the | ||||||
7 | projected unit credit actuarial cost method.
| ||||||
8 | For State fiscal years 1996 through 2005, the State | ||||||
9 | contribution to the
System, as a percentage of the applicable | ||||||
10 | employee payroll, shall be increased
in equal annual increments | ||||||
11 | so that by State fiscal year 2011, the State is
contributing at | ||||||
12 | the rate required under this Section; except that in the
| ||||||
13 | following specified State fiscal years, the State contribution | ||||||
14 | to the System
shall not be less than the following indicated | ||||||
15 | percentages of the applicable
employee payroll, even if the | ||||||
16 | indicated percentage will produce a State
contribution in | ||||||
17 | excess of the amount otherwise required under this subsection
| ||||||
18 | and subsection (a), and notwithstanding any contrary | ||||||
19 | certification made under
subsection (a-1) before the effective | ||||||
20 | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | ||||||
21 | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | ||||||
22 | 2003; and
13.56% in FY 2004.
| ||||||
23 | Notwithstanding any other provision of this Article, the | ||||||
24 | total required State
contribution for State fiscal year 2006 is | ||||||
25 | $534,627,700.
| ||||||
26 | Notwithstanding any other provision of this Article, the | ||||||
27 | total required State
contribution for State fiscal year 2007 is | ||||||
28 | $738,014,500.
| ||||||
29 | For each of State fiscal years 2008 through 2010, the State | ||||||
30 | contribution to
the System, as a percentage of the applicable | ||||||
31 | employee payroll, shall be
increased in equal annual increments | ||||||
32 | from the required State contribution for State fiscal year | ||||||
33 | 2007, so that by State fiscal year 2011, the
State is | ||||||
34 | contributing at the rate otherwise required under this Section.
|
| |||||||
| |||||||
1 | Beginning in State fiscal year 2046, the minimum State | ||||||
2 | contribution for
each fiscal year shall be the amount needed to | ||||||
3 | maintain the total assets of
the System at 90% of the total | ||||||
4 | actuarial liabilities of the System.
| ||||||
5 | Amounts received by the System pursuant to Section 25 of | ||||||
6 | the Budget Stabilization Act in any fiscal year do not reduce | ||||||
7 | and do not constitute payment of any portion of the minimum | ||||||
8 | State contribution required under this Article in that fiscal | ||||||
9 | year. Such amounts shall not reduce, and shall not be included | ||||||
10 | in the calculation of, the required State contributions under | ||||||
11 | this Article in any future year until the System has reached a | ||||||
12 | funding ratio of at least 90%. A reference in this Article to | ||||||
13 | the "required State contribution" or any substantially similar | ||||||
14 | term does not include or apply to any amounts payable to the | ||||||
15 | System under Section 25 of the Budget Stabilization Act.
| ||||||
16 | Notwithstanding any other provision of this Section, the | ||||||
17 | required State
contribution for State fiscal year 2005 and for | ||||||
18 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
19 | under this Section and
certified under subsection (a-1), shall | ||||||
20 | not exceed an amount equal to (i) the
amount of the required | ||||||
21 | State contribution that would have been calculated under
this | ||||||
22 | Section for that fiscal year if the System had not received any | ||||||
23 | payments
under subsection (d) of Section 7.2 of the General | ||||||
24 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
25 | total debt service payments for that fiscal
year on the bonds | ||||||
26 | issued for the purposes of that Section 7.2, as determined
and | ||||||
27 | certified by the Comptroller, that is the same as the System's | ||||||
28 | portion of
the total moneys distributed under subsection (d) of | ||||||
29 | Section 7.2 of the General
Obligation Bond Act. In determining | ||||||
30 | this maximum for State fiscal years 2008 through 2010, however, | ||||||
31 | the amount referred to in item (i) shall be increased, as a | ||||||
32 | percentage of the applicable employee payroll, in equal | ||||||
33 | increments calculated from the sum of the required State | ||||||
34 | contribution for State fiscal year 2007 plus the applicable |
| |||||||
| |||||||
1 | portion of the State's total debt service payments for fiscal | ||||||
2 | year 2007 on the bonds issued for the purposes of Section 7.2 | ||||||
3 | of the General
Obligation Bond Act, so that, by State fiscal | ||||||
4 | year 2011, the
State is contributing at the rate otherwise | ||||||
5 | required under this Section.
| ||||||
6 | (c) Payment of the required State contributions and of all | ||||||
7 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
8 | other benefits granted
under or assumed by this System, and all | ||||||
9 | expenses in connection with the
administration and operation | ||||||
10 | thereof, are obligations of the State.
| ||||||
11 | If members are paid from special trust or federal funds | ||||||
12 | which are
administered by the employing unit, whether school | ||||||
13 | district or other
unit, the employing unit shall pay to the | ||||||
14 | System from such
funds the full accruing retirement costs based | ||||||
15 | upon that
service, as determined by the System. Employer | ||||||
16 | contributions, based on
salary paid to members from federal | ||||||
17 | funds, may be forwarded by the distributing
agency of the State | ||||||
18 | of Illinois to the System prior to allocation, in an
amount | ||||||
19 | determined in accordance with guidelines established by such
| ||||||
20 | agency and the System.
| ||||||
21 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
22 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
23 | employer's normal cost
of benefits based upon the teacher's | ||||||
24 | service, in addition to
employee contributions, as determined | ||||||
25 | by the System. Such employer
contributions shall be forwarded | ||||||
26 | monthly in accordance with guidelines
established by the | ||||||
27 | System.
| ||||||
28 | However, with respect to benefits granted under Section | ||||||
29 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
30 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
31 | (rather than 20%) of the member's
highest annual salary rate | ||||||
32 | for each year of creditable service granted, and
the employer | ||||||
33 | shall also pay the required employee contribution on behalf of
| ||||||
34 | the teacher. For the purposes of Sections 16-133.4 and |
| |||||||
| |||||||
1 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
2 | 16-106 who is serving in that capacity
while on leave of | ||||||
3 | absence from another employer under this Article shall not
be | ||||||
4 | considered an employee of the employer from which the teacher | ||||||
5 | is on leave.
| ||||||
6 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
7 | shall pay to the System an employer contribution computed as | ||||||
8 | follows:
| ||||||
9 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
10 | employer
contribution shall be equal to 0.3% of each | ||||||
11 | teacher's salary.
| ||||||
12 | (2) Beginning July 1, 1999 and thereafter, the employer
| ||||||
13 | contribution shall be equal to 0.58% of each teacher's | ||||||
14 | salary.
| ||||||
15 | The school district or other employing unit may pay these | ||||||
16 | employer
contributions out of any source of funding available | ||||||
17 | for that purpose and
shall forward the contributions to the | ||||||
18 | System on the schedule established
for the payment of member | ||||||
19 | contributions.
| ||||||
20 | These employer contributions are intended to offset a | ||||||
21 | portion of the cost
to the System of the increases in | ||||||
22 | retirement benefits resulting from this
amendatory Act of 1998.
| ||||||
23 | Each employer of teachers is entitled to a credit against | ||||||
24 | the contributions
required under this subsection (e) with | ||||||
25 | respect to salaries paid to teachers
for the period January 1, | ||||||
26 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
27 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
28 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
29 | paid to teachers for that
period.
| ||||||
30 | The additional 1% employee contribution required under | ||||||
31 | Section 16-152 by
this amendatory Act of 1998 is the | ||||||
32 | responsibility of the teacher and not the
teacher's employer, | ||||||
33 | unless the employer agrees, through collective bargaining
or | ||||||
34 | otherwise, to make the contribution on behalf of the teacher.
|
| |||||||
| |||||||
1 | If an employer is required by a contract in effect on May | ||||||
2 | 1, 1998 between the
employer and an employee organization to | ||||||
3 | pay, on behalf of all its full-time
employees
covered by this | ||||||
4 | Article, all mandatory employee contributions required under
| ||||||
5 | this Article, then the employer shall be excused from paying | ||||||
6 | the employer
contribution required under this subsection (e) | ||||||
7 | for the balance of the term
of that contract. The employer and | ||||||
8 | the employee organization shall jointly
certify to the System | ||||||
9 | the existence of the contractual requirement, in such
form as | ||||||
10 | the System may prescribe. This exclusion shall cease upon the
| ||||||
11 | termination, extension, or renewal of the contract at any time | ||||||
12 | after May 1,
1998.
| ||||||
13 | (f) If the amount of a teacher's salary for any school year | ||||||
14 | used to determine final average salary exceeds the amount of | ||||||
15 | his or her salary with the same employer for the previous | ||||||
16 | school year by more than 6%, the teacher's employer shall pay | ||||||
17 | to the System, in addition to all other payments required under | ||||||
18 | this Section and in accordance with guidelines established by | ||||||
19 | the System, the present value of the increase in benefits | ||||||
20 | resulting from the portion of the increase in salary that is in | ||||||
21 | excess of 6%. This present value shall be computed by the | ||||||
22 | System on the basis of the actuarial assumptions and tables | ||||||
23 | used in the most recent actuarial valuation of the System that | ||||||
24 | is available at the time of the computation. The employer | ||||||
25 | contributions required under this subsection (f) shall be paid | ||||||
26 | in the form of a lump sum within 30 days after receipt of the | ||||||
27 | bill after the teacher begins receiving benefits under this | ||||||
28 | Article.
| ||||||
29 | The provisions of this subsection (f) do not apply to | ||||||
30 | salary increases paid to teachers under contracts or collective | ||||||
31 | bargaining agreements entered into, amended, or renewed before | ||||||
32 | the effective date of this amendatory Act of the 94th General | ||||||
33 | Assembly.
| ||||||
34 | (Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4, |
| |||||||
| |||||||
1 | eff. 6-1-05.)
| ||||||
2 | (40 ILCS 5/18-131) (from Ch. 108 1/2, par. 18-131)
| ||||||
3 | Sec. 18-131. Financing; employer contributions.
| ||||||
4 | (a) The State of Illinois shall make contributions to this | ||||||
5 | System by
appropriations of the amounts which, together with | ||||||
6 | the contributions of
participants, net earnings on | ||||||
7 | investments, and other income, will meet the
costs of | ||||||
8 | maintaining and administering this System on a 90% funded basis | ||||||
9 | in
accordance with actuarial recommendations.
| ||||||
10 | (b) The Board shall determine the amount of State | ||||||
11 | contributions
required for each fiscal year on the basis of the | ||||||
12 | actuarial tables and other
assumptions adopted by the Board and | ||||||
13 | the prescribed rate of interest, using
the formula in | ||||||
14 | subsection (c).
| ||||||
15 | (c) For State fiscal years 2011 through 2045, the minimum | ||||||
16 | contribution
to the System to be made by the State for each | ||||||
17 | fiscal year shall be an amount
determined by the System to be | ||||||
18 | sufficient to bring the total assets of the
System up to 90% of | ||||||
19 | the total actuarial liabilities of the System by the end of
| ||||||
20 | State fiscal year 2045. In making these determinations, the | ||||||
21 | required State
contribution shall be calculated each year as a | ||||||
22 | level percentage of payroll
over the years remaining to and | ||||||
23 | including fiscal year 2045 and shall be
determined under the | ||||||
24 | projected unit credit actuarial cost method.
| ||||||
25 | For State fiscal years 1996 through 2005, the State | ||||||
26 | contribution to
the System, as a percentage of the applicable | ||||||
27 | employee payroll, shall be
increased in equal annual increments | ||||||
28 | so that by State fiscal year 2011, the
State is contributing at | ||||||
29 | the rate required under this Section.
| ||||||
30 | Notwithstanding any other provision of this Article, the | ||||||
31 | total required State
contribution for State fiscal year 2006 is | ||||||
32 | $29,189,400.
| ||||||
33 | Notwithstanding any other provision of this Article, the |
| |||||||
| |||||||
1 | total required State
contribution for State fiscal year 2007 is | ||||||
2 | $35,236,800.
| ||||||
3 | For each of State fiscal years 2008 through 2010, the State | ||||||
4 | contribution to
the System, as a percentage of the applicable | ||||||
5 | employee payroll, shall be
increased in equal annual increments | ||||||
6 | from the required State contribution for State fiscal year | ||||||
7 | 2007, so that by State fiscal year 2011, the
State is | ||||||
8 | contributing at the rate otherwise required under this Section.
| ||||||
9 | Beginning in State fiscal year 2046, the minimum State | ||||||
10 | contribution for
each fiscal year shall be the amount needed to | ||||||
11 | maintain the total assets of
the System at 90% of the total | ||||||
12 | actuarial liabilities of the System.
| ||||||
13 | Amounts received by the System pursuant to Section 25 of | ||||||
14 | the Budget Stabilization Act in any fiscal year do not reduce | ||||||
15 | and do not constitute payment of any portion of the minimum | ||||||
16 | State contribution required under this Article in that fiscal | ||||||
17 | year. Such amounts shall not reduce, and shall not be included | ||||||
18 | in the calculation of, the required State contributions under | ||||||
19 | this Article in any future year until the System has reached a | ||||||
20 | funding ratio of at least 90%. A reference in this Article to | ||||||
21 | the "required State contribution" or any substantially similar | ||||||
22 | term does not include or apply to any amounts payable to the | ||||||
23 | System under Section 25 of the Budget Stabilization Act.
| ||||||
24 | Notwithstanding any other provision of this Section, the | ||||||
25 | required State
contribution for State fiscal year 2005 and for | ||||||
26 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
27 | under this Section and
certified under Section 18-140, shall | ||||||
28 | not exceed an amount equal to (i) the
amount of the required | ||||||
29 | State contribution that would have been calculated under
this | ||||||
30 | Section for that fiscal year if the System had not received any | ||||||
31 | payments
under subsection (d) of Section 7.2 of the General | ||||||
32 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
33 | total debt service payments for that fiscal
year on the bonds | ||||||
34 | issued for the purposes of that Section 7.2, as determined
and |
| |||||||
| |||||||
1 | certified by the Comptroller, that is the same as the System's | ||||||
2 | portion of
the total moneys distributed under subsection (d) of | ||||||
3 | Section 7.2 of the General
Obligation Bond Act. In determining | ||||||
4 | this maximum for State fiscal years 2008 through 2010, however, | ||||||
5 | the amount referred to in item (i) shall be increased, as a | ||||||
6 | percentage of the applicable employee payroll, in equal | ||||||
7 | increments calculated from the sum of the required State | ||||||
8 | contribution for State fiscal year 2007 plus the applicable | ||||||
9 | portion of the State's total debt service payments for fiscal | ||||||
10 | year 2007 on the bonds issued for the purposes of Section 7.2 | ||||||
11 | of the General
Obligation Bond Act, so that, by State fiscal | ||||||
12 | year 2011, the
State is contributing at the rate otherwise | ||||||
13 | required under this Section.
| ||||||
14 | (Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)
| ||||||
15 | Section 5-71. The State Pension Funds Continuing | ||||||
16 | Appropriation Act is amended by adding Section 1.7 as follows: | ||||||
17 | (40 ILCS 15/1.7 new)
| ||||||
18 | Sec. 1.7. Appropriations from the Pension Stabilization | ||||||
19 | Fund. | ||||||
20 | (a) All of the moneys deposited from time to time into the | ||||||
21 | Pension Stabilization Fund are hereby appropriated, on a | ||||||
22 | continuing basis, to the State Comptroller for the purpose of | ||||||
23 | making distributions to the designated retirement systems as | ||||||
24 | provided in Section 25 of the Budget Stabilization Act. | ||||||
25 | (b) The appropriations made under this Section are in | ||||||
26 | addition to, and do not affect, the amounts subject to | ||||||
27 | appropriation under any other Section of this Act.
| ||||||
28 | Section 5-72. The Regional Transportation Authority Act is | ||||||
29 | amended by changing Section 4.13 as follows:
| ||||||
30 | (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
|
| |||||||
| |||||||
1 | Sec. 4.13. Annual Capital Improvement Plan.
| ||||||
2 | (a) With respect to each calendar year, the Authority shall | ||||||
3 | prepare as
part of its Five Year Program an Annual Capital | ||||||
4 | Improvement Plan (the
"Plan") which shall describe its intended | ||||||
5 | development and implementation of
the Strategic Capital | ||||||
6 | Improvement Program. The Plan shall include the
following | ||||||
7 | information:
| ||||||
8 | (i) a list of projects for which approval is sought | ||||||
9 | from the Governor,
with a description of each project | ||||||
10 | stating at a minimum the project cost, its
category, its | ||||||
11 | location and the entity responsible for its | ||||||
12 | implementation;
| ||||||
13 | (ii) a certification by
the Authority that the | ||||||
14 | Authority and the Service Boards have applied for
all | ||||||
15 | grants, loans and other moneys made available by the | ||||||
16 | federal government
or the State of Illinois during the | ||||||
17 | preceding federal and State fiscal
years for financing its | ||||||
18 | capital development activities;
| ||||||
19 | (iii) a certification that, as of September 30 of the | ||||||
20 | preceding calendar
year or any later date, the balance of | ||||||
21 | all federal capital grant funds and
all other funds to be | ||||||
22 | used as matching funds therefor which were committed
to or | ||||||
23 | possessed by the Authority or a Service Board but which had | ||||||
24 | not been
obligated was less than $350,000,000, or a greater | ||||||
25 | amount as authorized in
writing by the Governor (for | ||||||
26 | purposes of this subsection (a),
"obligated" means | ||||||
27 | committed to be paid by the Authority or a Service Board
| ||||||
28 | under a contract with a nongovernmental entity in | ||||||
29 | connection with the
performance of a project or committed | ||||||
30 | under a force account plan
approved by the federal | ||||||
31 | government);
| ||||||
32 | (iv) a certification that the Authority has adopted a | ||||||
33 | balanced budget
with respect to such calendar year under | ||||||
34 | Section 4.01 of this Act;
|
| |||||||
| |||||||
1 | (v) a schedule of all bonds or notes
previously issued | ||||||
2 | for Strategic Capital Improvement Projects and all debt
| ||||||
3 | service payments to be made with respect to all such bonds | ||||||
4 | and the
estimated additional debt service payments through | ||||||
5 | June 30 of the following
calendar year expected to result | ||||||
6 | from bonds to be sold prior thereto;
| ||||||
7 | (vi) a long-range summary of the Strategic Capital | ||||||
8 | Improvement
Program describing the projects to be funded | ||||||
9 | through the Program with
respect to project cost, category, | ||||||
10 | location, and implementing entity, and
presenting a | ||||||
11 | financial plan including an estimated time schedule for
| ||||||
12 | obligating funds for the performance of approved projects, | ||||||
13 | issuing bonds,
expending bond proceeds and paying debt | ||||||
14 | service throughout the duration of
the Program; and
| ||||||
15 | (vii) the source of funding for each project in the | ||||||
16 | Plan. For any project
for which full funding has not yet | ||||||
17 | been secured and which is not subject to
a federal full | ||||||
18 | funding contract, the Authority must identify alternative,
| ||||||
19 | dedicated funding sources available to complete the | ||||||
20 | project. The Governor
may waive this requirement on a | ||||||
21 | project by project basis.
| ||||||
22 | (b) The Authority shall submit the Plan with respect to any | ||||||
23 | calendar
year to the Governor on or before January 15 of that | ||||||
24 | year, or as soon as
possible thereafter; provided, however, | ||||||
25 | that the Plan shall be adopted on
the affirmative votes of 9 of | ||||||
26 | the then Directors. The Plan may be revised
or amended at any | ||||||
27 | time, but any revision in the projects approved shall
require | ||||||
28 | the Governor's approval.
| ||||||
29 | (c) The Authority shall seek approval from the Governor | ||||||
30 | only through the
Plan or an amendment thereto. The Authority | ||||||
31 | shall not request approval of the
Plan from the Governor in any | ||||||
32 | calendar year in which it is unable to make the
certifications | ||||||
33 | required under items (ii), (iii) and (iv) of subsection (a).
In | ||||||
34 | no event shall the Authority seek approval of the Plan from the |
| |||||||
| |||||||
1 | Governor for
projects in an aggregate amount exceeding the | ||||||
2 | proceeds of
authorization for bonds or notes
for Strategic | ||||||
3 | Capital Improvement Projects issued under Section 4.04 of this
| ||||||
4 | Act.
| ||||||
5 | (d) The Governor may approve the Plan for which
approval is | ||||||
6 | requested. The Governor's approval is limited to
the amount of | ||||||
7 | the project cost stated in the Plan. The Governor shall not
| ||||||
8 | approve the Plan in a calendar year if the Authority is unable | ||||||
9 | to make
the certifications required under items (ii), (iii) and | ||||||
10 | (iv)
of subsection (a). In no event shall the Governor approve | ||||||
11 | the Plan for
projects in an aggregate amount exceeding the | ||||||
12 | proceeds of
authorization for
bonds or notes for Strategic | ||||||
13 | Capital Improvement Projects issued under
Section 4.04 of this | ||||||
14 | Act.
| ||||||
15 | (e) With respect to capital improvements, only those | ||||||
16 | capital improvements
which are in a Plan approved by the | ||||||
17 | Governor shall be financed with the
proceeds of bonds or notes | ||||||
18 | issued for Strategic Capital Improvement Projects.
| ||||||
19 | (f) Before the Authority or a Service Board obligates any | ||||||
20 | funds for a
project for which the Authority or Service Board | ||||||
21 | intends to use the proceeds
of bonds or notes for Strategic | ||||||
22 | Capital Improvement Projects, but which project
is not included | ||||||
23 | in an approved Plan, the Authority must notify the Governor of
| ||||||
24 | the intended obligation. No project costs incurred prior to | ||||||
25 | approval of the
Plan including that project may be paid from | ||||||
26 | the proceeds of bonds or notes for
Strategic Capital | ||||||
27 | Improvement Projects issued under Section 4.04 of this Act.
| ||||||
28 | (Source: P.A. 91-37, eff. 7-1-99.)
| ||||||
29 | Section 5-73. The School Code is amended by changing | ||||||
30 | Section 3-12 as follows:
| ||||||
31 | (105 ILCS 5/3-12) (from Ch. 122, par. 3-12)
| ||||||
32 | Sec. 3-12. Institute fund. |
| |||||||
| |||||||
1 | (a) All certificate
registration fees and
a portion of | ||||||
2 | renewal and duplicate fees
shall be kept by the regional | ||||||
3 | superintendent as described in Section 21-16 of
this Code, | ||||||
4 | together with a record of the
names of the persons paying them. | ||||||
5 | Such fees shall be deposited
into the institute fund and
shall | ||||||
6 | be used by the regional superintendent
to defray expenses | ||||||
7 | associated with the
work of
the regional professional | ||||||
8 | development review committees established pursuant to
| ||||||
9 | paragraph (2) of subsection (g) of Section 21-14 of this Code | ||||||
10 | to advise the
regional
superintendent, upon his or her request, | ||||||
11 | and to hear appeals relating to the
renewal of
teaching | ||||||
12 | certificates, in accordance with Section 21-14 of this Code; to | ||||||
13 | defray
expenses
connected with improving the technology | ||||||
14 | necessary for the efficient processing
of
certificates;
to | ||||||
15 | defray expenses incidental to
teachers' institutes,
workshops | ||||||
16 | or meetings of a professional nature that are designed to | ||||||
17 | promote the
professional growth of teachers or for the purpose | ||||||
18 | of defraying the expense of
any general or special meeting of | ||||||
19 | teachers or school personnel of the region,
which has been | ||||||
20 | approved by the regional superintendent.
| ||||||
21 | (b) In addition to the use of moneys in the institute fund | ||||||
22 | to defray expenses under subsection (a) of this Section, the | ||||||
23 | State Superintendent of Education, as authorized under Section | ||||||
24 | 2-3.105 of this Code, shall use moneys in the institute fund to | ||||||
25 | defray all costs associated with the administration of teaching | ||||||
26 | certificates within a city having a population exceeding | ||||||
27 | 500,000.
| ||||||
28 | (c) The regional superintendent shall on or before January | ||||||
29 | 1 of each year
publish in a newspaper of general circulation | ||||||
30 | published in the region or
shall post in each school building | ||||||
31 | under his jurisdiction an accounting of
(1) the balance on hand | ||||||
32 | in the Institute fund at the beginning of the
previous year; | ||||||
33 | (2) all receipts within the previous year deposited in the
| ||||||
34 | fund, with the sources from which they were derived; (3) the |
| |||||||
| |||||||
1 | amount
distributed from the fund and the purposes for which | ||||||
2 | such distributions
were made; and (4) the balance on hand in | ||||||
3 | the fund.
| ||||||
4 | (Source: P.A. 91-102, eff. 7-12-99.)
| ||||||
5 | Section 5-75. The Riverboat Gambling Act is amended by | ||||||
6 | changing Section 13 as follows:
| ||||||
7 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
8 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
9 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
10 | gross
receipts received from gambling games authorized under | ||||||
11 | this Act at the rate of
20%.
| ||||||
12 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
13 | tax is
imposed on persons engaged in the business of conducting | ||||||
14 | riverboat gambling
operations, based on the adjusted gross | ||||||
15 | receipts received by a licensed owner
from gambling games | ||||||
16 | authorized under this Act at the following rates:
| ||||||
17 | 15% of annual adjusted gross receipts up to and | ||||||
18 | including $25,000,000;
| ||||||
19 | 20% of annual adjusted gross receipts in excess of | ||||||
20 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
21 | 25% of annual adjusted gross receipts in excess of | ||||||
22 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
23 | 30% of annual adjusted gross receipts in excess of | ||||||
24 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
25 | 35% of annual adjusted gross receipts in excess of | ||||||
26 | $100,000,000.
| ||||||
27 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
28 | is imposed on
persons engaged in the business of conducting | ||||||
29 | riverboat gambling operations,
other than licensed managers | ||||||
30 | conducting riverboat gambling operations on behalf
of the | ||||||
31 | State, based on the adjusted gross receipts received by a | ||||||
32 | licensed
owner from gambling games authorized under this Act at |
| |||||||
| |||||||
1 | the following rates:
| ||||||
2 | 15% of annual adjusted gross receipts up to and | ||||||
3 | including $25,000,000;
| ||||||
4 | 22.5% of annual adjusted gross receipts in excess of | ||||||
5 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
6 | 27.5% of annual adjusted gross receipts in excess of | ||||||
7 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
8 | 32.5% of annual adjusted gross receipts in excess of | ||||||
9 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
10 | 37.5% of annual adjusted gross receipts in excess of | ||||||
11 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
12 | 45% of annual adjusted gross receipts in excess of | ||||||
13 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
14 | 50% of annual adjusted gross receipts in excess of | ||||||
15 | $200,000,000.
| ||||||
16 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
17 | persons engaged
in the business of conducting riverboat | ||||||
18 | gambling operations, other than
licensed managers conducting | ||||||
19 | riverboat gambling operations on behalf of the
State, based on | ||||||
20 | the adjusted gross receipts received by a licensed owner from
| ||||||
21 | gambling games authorized under this Act at the following | ||||||
22 | rates:
| ||||||
23 | 15% of annual adjusted gross receipts up to and | ||||||
24 | including $25,000,000;
| ||||||
25 | 27.5% of annual adjusted gross receipts in excess of | ||||||
26 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
27 | 32.5% of annual adjusted gross receipts in excess of | ||||||
28 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
29 | 37.5% of annual adjusted gross receipts in excess of | ||||||
30 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
31 | 45% of annual adjusted gross receipts in excess of | ||||||
32 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
33 | 50% of annual adjusted gross receipts in excess of | ||||||
34 | $100,000,000 but not
exceeding $250,000,000;
|
| |||||||
| |||||||
1 | 70% of annual adjusted gross receipts in excess of | ||||||
2 | $250,000,000.
| ||||||
3 | An amount equal to the amount of wagering taxes collected | ||||||
4 | under this
subsection (a-3) that are in addition to the amount | ||||||
5 | of wagering taxes that
would have been collected if the | ||||||
6 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
7 | be paid into the Common School Fund.
| ||||||
8 | The privilege tax imposed under this subsection (a-3) shall | ||||||
9 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
10 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
11 | gambling operations are conducted
pursuant to a dormant | ||||||
12 | license; or (iii) the first day that riverboat gambling
| ||||||
13 | operations are conducted under the authority of an owners | ||||||
14 | license that is in
addition to the 10 owners licenses initially | ||||||
15 | authorized under this Act.
For the purposes of this subsection | ||||||
16 | (a-3), the term "dormant license"
means an owners license that | ||||||
17 | is authorized by this Act under which no
riverboat gambling | ||||||
18 | operations are being conducted on June 20, 2003.
| ||||||
19 | (a-4) Beginning on the first day on which the tax imposed | ||||||
20 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
21 | imposed on persons
engaged in the business of conducting | ||||||
22 | riverboat gambling operations, other
than licensed managers | ||||||
23 | conducting riverboat gambling operations on behalf of
the | ||||||
24 | State, based on the adjusted gross receipts received by a | ||||||
25 | licensed owner
from gambling games authorized under this Act at | ||||||
26 | the following rates:
| ||||||
27 | 15% of annual adjusted gross receipts up to and | ||||||
28 | including $25,000,000;
| ||||||
29 | 22.5% of annual adjusted gross receipts in excess of | ||||||
30 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
31 | 27.5% of annual adjusted gross receipts in excess of | ||||||
32 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
33 | 32.5% of annual adjusted gross receipts in excess of | ||||||
34 | $75,000,000 but not
exceeding $100,000,000;
|
| |||||||
| |||||||
1 | 37.5% of annual adjusted gross receipts in excess of | ||||||
2 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
3 | 45% of annual adjusted gross receipts in excess of | ||||||
4 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
5 | 50% of annual adjusted gross receipts in excess of | ||||||
6 | $200,000,000.
| ||||||
7 | (a-8) Riverboat gambling operations conducted by a | ||||||
8 | licensed manager on
behalf of the State are not subject to the | ||||||
9 | tax imposed under this Section.
| ||||||
10 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
11 | the licensed
owner to the Board not later than 3:00 o'clock | ||||||
12 | p.m. of the day after the day
when the wagers were made.
| ||||||
13 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
14 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
15 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
16 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
17 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
18 | the payment of all amounts otherwise due under this Section, | ||||||
19 | pay to the Board a reconciliation payment in the amount, if | ||||||
20 | any, by which the licensed owner's base amount for the licensed | ||||||
21 | owner exceeds the amount of net privilege tax paid under this | ||||||
22 | Section by the licensed owner to the Board in the then current | ||||||
23 | State fiscal year. A licensed owner's net privilege tax | ||||||
24 | obligation due for the balance of the State fiscal year shall | ||||||
25 | be reduced up to the total of the amount paid by the licensed | ||||||
26 | owner in its June 15 reconciliation payment. The obligation | ||||||
27 | imposed by this subsection (a-15) is binding on any person, | ||||||
28 | firm, corporation, or other entity that acquires an ownership | ||||||
29 | interest in any such owners license. The obligation imposed | ||||||
30 | under this subsection (a-15) terminates on the earliest of: (i) | ||||||
31 | July 1, 2007, (ii) the first day after the effective date of | ||||||
32 | this amendatory Act of the 94th General Assembly that riverboat | ||||||
33 | gambling operations are conducted pursuant to a dormant | ||||||
34 | license, (iii) the first day that riverboat gambling operations |
| |||||||
| |||||||
1 | are conducted under the authority of an owners license that is | ||||||
2 | in addition to the 10 owners licenses initially authorized | ||||||
3 | under this Act, or (iv) the first day that a licensee under the | ||||||
4 | Illinois Horse Racing Act of 1975 conducts gaming operations | ||||||
5 | with slot machines or other electronic gaming devices. The | ||||||
6 | Board must reduce the obligation imposed under this subsection | ||||||
7 | (a-15) by an amount the Board deems reasonable for any of the | ||||||
8 | following reasons: (A) an act or acts of God, (B) an act of | ||||||
9 | bioterrorism or terrorism or a bioterrorism or terrorism threat | ||||||
10 | that was investigated by a law enforcement agency, or (C) a | ||||||
11 | condition beyond the control of the owners licensee that does | ||||||
12 | not result from any act or omission by the owners licensee or | ||||||
13 | any of its agents and that poses a hazardous threat to the | ||||||
14 | health and safety of patrons. If an owners licensee pays an | ||||||
15 | amount in excess of its liability under this Section, the Board | ||||||
16 | shall apply the overpayment to future payments required under | ||||||
17 | this Section. | ||||||
18 | For purposes of this subsection (a-15): | ||||||
19 | "Act of God" means an incident caused by the operation of | ||||||
20 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
21 | avoided by the exercise of due care, and for which no person | ||||||
22 | can be held liable.
| ||||||
23 | "Base amount" means the following: | ||||||
24 | For a riverboat in Alton, $31,000,000.
| ||||||
25 | For a riverboat in East Peoria, $43,000,000.
| ||||||
26 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
27 | For a riverboat in Metropolis, $45,000,000.
| ||||||
28 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
29 | For a riverboat in Aurora, $86,000,000.
| ||||||
30 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
31 | For a riverboat in Elgin, $198,000,000.
| ||||||
32 | "Dormant license" has the meaning ascribed to it in | ||||||
33 | subsection (a-3).
| ||||||
34 | "Net privilege tax" means all privilege taxes paid by a |
| |||||||
| |||||||
1 | licensed owner to the Board under this Section, less all | ||||||
2 | payments made from the State Gaming Fund pursuant to subsection | ||||||
3 | (b) of this Section. | ||||||
4 | The changes made to this subsection (a-15) by this | ||||||
5 | amendatory Act of the 94th General Assembly are intended to | ||||||
6 | restate and clarify the intent of Public Act 94-673 with | ||||||
7 | respect to the amount of the payments required to be made under | ||||||
8 | this subsection by an owners licensee to the Board.
| ||||||
9 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
10 | in the State
Gaming Fund under this Section shall be paid, | ||||||
11 | subject to appropriation by the
General Assembly, to the unit | ||||||
12 | of local government which is designated as the
home dock of the | ||||||
13 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
14 | deposited in the State Gaming Fund under this Section, an | ||||||
15 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
16 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
17 | the General Assembly, to the unit of local government that
is | ||||||
18 | designated as the home dock of the riverboat. From the tax | ||||||
19 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
20 | riverboat gambling operations
conducted by a licensed manager | ||||||
21 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
22 | receipts generated pursuant to those riverboat gambling
| ||||||
23 | operations shall be paid monthly,
subject to appropriation by | ||||||
24 | the General Assembly, to the unit of local
government that is | ||||||
25 | designated as the home dock of the riverboat upon which
those | ||||||
26 | riverboat gambling operations are conducted.
| ||||||
27 | (c) Appropriations, as approved by the General Assembly, | ||||||
28 | may be made
from the State Gaming Fund to the Department of | ||||||
29 | Revenue and the Department
of State Police for the | ||||||
30 | administration and enforcement of this Act, or to the
| ||||||
31 | Department of Human Services for the administration of programs | ||||||
32 | to treat
problem gambling.
| ||||||
33 | (c-5) After the payments required under subsections (b) and | ||||||
34 | (c) have been
made, an amount equal to 15% of the adjusted |
| |||||||
| |||||||
1 | gross receipts of (1) an owners
licensee that relocates | ||||||
2 | pursuant to Section 11.2,
(2) an owners licensee
conducting | ||||||
3 | riverboat gambling operations
pursuant to an
owners license | ||||||
4 | that is initially issued after June
25, 1999,
or (3) the first
| ||||||
5 | riverboat gambling operations conducted by a licensed manager | ||||||
6 | on behalf of the
State under Section 7.3,
whichever comes | ||||||
7 | first, shall be paid from the State
Gaming Fund into the Horse | ||||||
8 | Racing Equity Fund.
| ||||||
9 | (c-10) Each year the General Assembly shall appropriate | ||||||
10 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
11 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
12 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
13 | (c-15) After the payments required under subsections (b), | ||||||
14 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
15 | adjusted gross receipts of (1)
an owners licensee that | ||||||
16 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
17 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
18 | license that is initially issued after June 25, 1999,
or (3) | ||||||
19 | the first
riverboat gambling operations conducted by a licensed | ||||||
20 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
21 | comes first, shall be paid, subject to appropriation
from the | ||||||
22 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
23 | county with a population of over 3,000,000 inhabitants for the | ||||||
24 | purpose of
enhancing the county's criminal justice system.
| ||||||
25 | (c-20) Each year the General Assembly shall appropriate | ||||||
26 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
27 | an amount equal to the amount
paid to each home rule county | ||||||
28 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
29 | subsection (c-15) in the prior calendar year.
| ||||||
30 | (c-25) After the payments required under subsections (b), | ||||||
31 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
32 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
33 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
34 | conducting riverboat gambling operations pursuant to
an
owners |
| |||||||
| |||||||
1 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
2 | the first
riverboat gambling operations conducted by a licensed | ||||||
3 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
4 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
5 | Chicago State University.
| ||||||
6 | (d) From time to time, the
Board shall transfer the | ||||||
7 | remainder of the funds
generated by this Act into the Education
| ||||||
8 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
9 | Illinois.
| ||||||
10 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
11 | government
designated as the home dock of the riverboat from | ||||||
12 | entering into agreements
with other units of local government | ||||||
13 | in this State or in other states to
share its portion of the | ||||||
14 | tax revenue.
| ||||||
15 | (f) To the extent practicable, the Board shall administer | ||||||
16 | and collect the
wagering taxes imposed by this Section in a | ||||||
17 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
18 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
19 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
20 | Penalty and Interest Act.
| ||||||
21 | (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, | ||||||
22 | eff. 8-23-05.)
| ||||||
23 | Section 5-77. The Illinois Public Aid Code is amended by | ||||||
24 | changing Section 5A-8 as follows: | ||||||
25 | (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||||||
26 | Sec. 5A-8. Hospital Provider Fund.
| ||||||
27 | (a) There is created in the State Treasury the Hospital | ||||||
28 | Provider Fund.
Interest earned by the Fund shall be credited to | ||||||
29 | the Fund. The
Fund shall not be used to replace any moneys | ||||||
30 | appropriated to the
Medicaid program by the General Assembly.
| ||||||
31 | (b) The Fund is created for the purpose of receiving moneys
| ||||||
32 | in accordance with Section 5A-6 and disbursing moneys only for |
| |||||||
| |||||||
1 | the following
purposes, notwithstanding any other provision of | ||||||
2 | law:
| ||||||
3 | (1) For making payments to hospitals as required under | ||||||
4 | Articles V, VI,
and XIV of this Code and
under the | ||||||
5 | Children's Health Insurance Program Act.
| ||||||
6 | (2) For the reimbursement of moneys collected by the
| ||||||
7 | Illinois Department from hospitals or hospital providers | ||||||
8 | through error or
mistake in performing the
activities | ||||||
9 | authorized under this Article and Article V of this Code.
| ||||||
10 | (3) For payment of administrative expenses incurred by | ||||||
11 | the
Illinois Department or its agent in performing the | ||||||
12 | activities
authorized by this Article.
| ||||||
13 | (4) For payments of any amounts which are reimbursable | ||||||
14 | to
the federal government for payments from this Fund which | ||||||
15 | are
required to be paid by State warrant.
| ||||||
16 | (5) For making transfers, as those transfers are | ||||||
17 | authorized
in the proceedings authorizing debt under the | ||||||
18 | Short Term Borrowing Act,
but transfers made under this | ||||||
19 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
20 | issued in anticipation of the receipt by
the State of | ||||||
21 | moneys to be deposited into the Fund.
| ||||||
22 | (6) For making transfers to any other fund in the State | ||||||
23 | treasury, but
transfers made under this paragraph (6) shall | ||||||
24 | not exceed the amount transferred
previously from that | ||||||
25 | other fund into the Hospital Provider Fund.
| ||||||
26 | (7) For State fiscal years 2004 and 2005 for making | ||||||
27 | transfers to the Health and Human Services
Medicaid Trust | ||||||
28 | Fund, including 20% of the moneys received from
hospital | ||||||
29 | providers under Section 5A-4 and transferred into the | ||||||
30 | Hospital
Provider
Fund under Section 5A-6. For State fiscal | ||||||
31 | year
years 2006 , 2007 and 2008 for making transfers to the | ||||||
32 | Health and Human Services Medicaid Trust Fund of up to | ||||||
33 | $130,000,000 per year of the moneys received from hospital | ||||||
34 | providers under Section 5A-4 and transferred into the |
| |||||||
| |||||||
1 | Hospital Provider Fund under Section 5A-6. Transfers under | ||||||
2 | this paragraph shall be made within 7
days after the | ||||||
3 | payments have been received pursuant to the schedule of | ||||||
4 | payments
provided in subsection (a) of Section 5A-4.
| ||||||
5 | (7.5) For State fiscal years 2007 and 2008 for making
| ||||||
6 | transfers of the moneys received from hospital providers | ||||||
7 | under Section 5A-4 and transferred into the Hospital | ||||||
8 | Provider Fund under Section 5A-6 to the designated funds | ||||||
9 | not exceeding the following amounts in any State fiscal | ||||||
10 | year: | ||||||
11 | Health and Human Services | ||||||
12 | Medicaid Trust Fund ......... $20,000,000 | ||||||
13 | Long-Term Care Provider Fund ........ $30,000,000 | ||||||
14 | General Revenue Fund ....... $80,000,000. | ||||||
15 | Transfers under this paragraph shall be made within 7 | ||||||
16 | days after the payments have been received pursuant to the | ||||||
17 | schedule of payments provided in subsection (a) of Section | ||||||
18 | 5A-4.
| ||||||
19 | (8) For making refunds to hospital providers pursuant | ||||||
20 | to Section 5A-10.
| ||||||
21 | Disbursements from the Fund, other than transfers | ||||||
22 | authorized under
paragraphs (5) and (6) of this subsection, | ||||||
23 | shall be by
warrants drawn by the State Comptroller upon | ||||||
24 | receipt of vouchers
duly executed and certified by the Illinois | ||||||
25 | Department.
| ||||||
26 | (c) The Fund shall consist of the following:
| ||||||
27 | (1) All moneys collected or received by the Illinois
| ||||||
28 | Department from the hospital provider assessment imposed | ||||||
29 | by this
Article.
| ||||||
30 | (2) All federal matching funds received by the Illinois
| ||||||
31 | Department as a result of expenditures made by the Illinois
| ||||||
32 | Department that are attributable to moneys deposited in the | ||||||
33 | Fund.
| ||||||
34 | (3) Any interest or penalty levied in conjunction with |
| |||||||
| |||||||
1 | the
administration of this Article.
| ||||||
2 | (4) Moneys transferred from another fund in the State | ||||||
3 | treasury.
| ||||||
4 | (5) All other moneys received for the Fund from any | ||||||
5 | other
source, including interest earned thereon.
| ||||||
6 | (d) (Blank).
| ||||||
7 | (Source: P.A. 93-659, eff. 2-3-04; 94-242, eff. 7-18-05.)
| ||||||
8 | Section 5-78. The Illinois Affordable Housing Act is | ||||||
9 | amended by changing Section 8 as follows:
| ||||||
10 | (310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
| ||||||
11 | Sec. 8. Uses of Trust Fund.
| ||||||
12 | (a) Subject to annual appropriation to
the Funding Agent | ||||||
13 | and subject to the prior dedication, allocation, transfer
and | ||||||
14 | use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and | ||||||
15 | 9 of this
Act, the Trust Fund may be used to make grants,
| ||||||
16 | mortgages, or
other loans to acquire, construct, rehabilitate, | ||||||
17 | develop, operate, insure,
and retain affordable single-family | ||||||
18 | and multi-family housing in this State
for low-income
and very | ||||||
19 | low-income households. The majority of monies appropriated to | ||||||
20 | the
Trust Fund in any given year are to be used for affordable | ||||||
21 | housing for very
low-income households. For the fiscal year | ||||||
22 | beginning July 1, 2006 only, the Department of Human Services | ||||||
23 | is authorized to receive appropriations and spend moneys from | ||||||
24 | the Illinois Affordable Housing Trust Fund for the purpose of | ||||||
25 | developing and coordinating public and private resources | ||||||
26 | targeted to meet the affordable housing needs of low-income, | ||||||
27 | very low-income, and special needs households in the State of | ||||||
28 | Illinois.
| ||||||
29 | (b) For each fiscal year commencing with fiscal year 1994, | ||||||
30 | the Program
Administrator shall certify from time to time to | ||||||
31 | the Funding Agent, the
Comptroller and the State
Treasurer | ||||||
32 | amounts, up to an aggregate in any fiscal year of $10,000,000, |
| |||||||
| |||||||
1 | of
Trust Fund Moneys expected to be used or pledged by the | ||||||
2 | Program Administrator
during the fiscal year for the purposes | ||||||
3 | and uses specified in Sections 8(c) and
9 of this Act. Subject | ||||||
4 | to annual appropriation, upon receipt of such
certification, | ||||||
5 | the Funding Agent and the
Comptroller shall dedicate and the | ||||||
6 | State Treasurer shall transfer not less
often than monthly to | ||||||
7 | the Program Administrator or its designated payee,
without | ||||||
8 | requisition or further
request therefor, all amounts | ||||||
9 | accumulated in the Trust Fund within the State
Treasury and not | ||||||
10 | already transferred to the Loan Commitment Account prior to
the | ||||||
11 | Funding Agent's receipt of such certification, until the | ||||||
12 | Program
Administrator has received the aggregate amount | ||||||
13 | certified by the Program
Administrator, to be used solely for | ||||||
14 | the purposes and uses authorized and
provided in Sections 8(c) | ||||||
15 | and 9 of this Act. Neither the Comptroller nor the
Treasurer | ||||||
16 | shall transfer, dedicate or allocate any of the Trust Fund | ||||||
17 | Moneys
transferred or certified for transfer by the Program | ||||||
18 | Administrator as provided
above to any other fund, nor shall | ||||||
19 | the Governor authorize any such transfer,
dedication or | ||||||
20 | allocation, nor shall any of the Trust Fund Moneys so | ||||||
21 | dedicated,
allocated or transferred be used, temporarily or | ||||||
22 | otherwise, for interfund
borrowing, or be otherwise used or | ||||||
23 | appropriated, except as expressly authorized
and provided in | ||||||
24 | Sections 8(c) and 9 of this Act for the purposes and subject to
| ||||||
25 | the priorities, limitations and conditions provided for | ||||||
26 | therein until such
obligations, uses and dedications as therein | ||||||
27 | provided, have been satisfied.
| ||||||
28 | (c) Notwithstanding Section 5(b) of this Act, any Trust | ||||||
29 | Fund Moneys
transferred to the Program Administrator pursuant | ||||||
30 | to Section 8(b) of this Act,
or otherwise obtained, paid to or | ||||||
31 | held by or for the Program Administrator, or
pledged pursuant | ||||||
32 | to resolution of the Program Administrator, for Affordable
| ||||||
33 | Housing Program Trust Fund Bonds or Notes under the Illinois | ||||||
34 | Housing
Development Act, and all proceeds, payments and |
| |||||||
| |||||||
1 | receipts from investments or
use of such moneys, including any | ||||||
2 | residual or additional funds or moneys
generated or obtained in | ||||||
3 | connection with any of the foregoing, may be held,
pledged, | ||||||
4 | applied or dedicated by the Program Administrator as follows:
| ||||||
5 | (1) as required by the terms of any pledge of or | ||||||
6 | resolution of the Program
Administrator authorized under | ||||||
7 | Section 9 of this Act in connection with
Affordable Housing | ||||||
8 | Program Trust Fund Bonds or Notes issued pursuant to the
| ||||||
9 | Illinois Housing Development Act;
| ||||||
10 | (2) to or for costs of issuance and administration
and | ||||||
11 | the payments of any principal, interest, premium or other | ||||||
12 | amounts or
expenses incurred or accrued in connection with | ||||||
13 | Affordable Housing Program
Trust Fund Bonds or Notes, | ||||||
14 | including rate protection contracts and credit
support | ||||||
15 | arrangements pertaining thereto, and, provided such | ||||||
16 | expenses, fees and
charges are obligations, whether | ||||||
17 | recourse or nonrecourse, and whether financed
with or paid | ||||||
18 | from the proceeds of Affordable Housing Program Trust Fund | ||||||
19 | Bonds
or Notes, of the developers, mortgagors or other | ||||||
20 | users, the Program
Administrator's expenses and servicing, | ||||||
21 | administration and origination fees and
charges in | ||||||
22 | connection with any loans, mortgages, or developments | ||||||
23 | funded or
financed or expected to be funded or financed, in | ||||||
24 | whole or in part, from the
issuance of Affordable Housing | ||||||
25 | Program Trust Fund Bonds or Notes;
| ||||||
26 | (3) to or for costs of issuance and administration and | ||||||
27 | the payments of
principal, interest, premium, loan fees, | ||||||
28 | and other amounts or other obligations
of the Program | ||||||
29 | Administrator, including rate protection contracts and | ||||||
30 | credit
support arrangements pertaining thereto, for loans, | ||||||
31 | commercial paper or other
notes or bonds issued by the | ||||||
32 | Program Administrator pursuant to the Illinois
Housing | ||||||
33 | Development Act, provided that the proceeds of such loans, | ||||||
34 | commercial
paper or other notes or bonds are paid or |
| |||||||
| |||||||
1 | expended in connection with, or
refund or repay, loans, | ||||||
2 | commercial paper or other notes or bonds issued or made
in | ||||||
3 | connection with bridge loans or loans for the construction, | ||||||
4 | renovation,
redevelopment, restructuring, reorganization | ||||||
5 | of Affordable Housing and related
expenses, including | ||||||
6 | development costs, technical assistance, or other amounts
| ||||||
7 | to construct, preserve, improve, renovate, rehabilitate, | ||||||
8 | refinance, or assist
Affordable Housing, including | ||||||
9 | financially troubled Affordable Housing,
permanent or | ||||||
10 | other financing for which has been funded or financed or is
| ||||||
11 | expected to be funded or financed in whole or in part by | ||||||
12 | the Program
Administrator through the issuance of or use of | ||||||
13 | proceeds from Affordable
Housing Program Trust Fund Bonds | ||||||
14 | or Notes;
| ||||||
15 | (4) to or for direct expenditures or reimbursement for | ||||||
16 | development costs,
technical assistance, or other amounts | ||||||
17 | to construct, preserve, improve,
renovate, rehabilitate, | ||||||
18 | refinance, or assist Affordable Housing, including
| ||||||
19 | financially troubled Affordable Housing, permanent or | ||||||
20 | other financing for which
has been funded or financed or is | ||||||
21 | expected to be funded or financed in whole or
in part by | ||||||
22 | the Program Administrator through the issuance of or use of | ||||||
23 | proceeds
from Affordable Housing Program Trust Fund Bonds | ||||||
24 | or Notes; and
| ||||||
25 | (5) for deposit into any residual, sinking, reserve or | ||||||
26 | revolving fund or
pool established by the Program | ||||||
27 | Administrator, whether or not pledged to secure
Affordable | ||||||
28 | Housing Program Trust Fund Bonds or Notes, to support or be
| ||||||
29 | utilized for the
issuance, redemption, or payment of the | ||||||
30 | principal, interest, premium or other
amounts payable on or | ||||||
31 | with respect to any existing, additional or future
| ||||||
32 | Affordable Housing Program Trust Fund Bonds or Notes, or to | ||||||
33 | or for any other
expenditure authorized by this Section | ||||||
34 | 8(c).
|
| |||||||
| |||||||
1 | (d) All or a portion of the Trust Fund Moneys on
deposit or | ||||||
2 | to be
deposited in
the Trust Fund not already certified for | ||||||
3 | transfer or transferred to the
Program Administrator pursuant | ||||||
4 | to Section 8(b) of this Act may be used to
secure the repayment | ||||||
5 | of Affordable Housing Program Trust Fund Bonds or
Notes, or | ||||||
6 | otherwise to supplement or support Affordable Housing funded or
| ||||||
7 | financed
or
intended to be funded or financed, in whole or in | ||||||
8 | part, by Affordable Housing
Program Trust Fund Bonds or Notes.
| ||||||
9 | (e) Assisted housing may include housing for special needs
| ||||||
10 | populations
such as the homeless, single-parent families, the | ||||||
11 | elderly, or the
physically and mentally disabled. The Trust | ||||||
12 | Fund shall be used to
implement a demonstration congregate | ||||||
13 | housing project for any such special
needs population.
| ||||||
14 | (f) Grants from the Trust Fund may include, but are not | ||||||
15 | limited
to,
rental assistance and security deposit subsidies | ||||||
16 | for low and very low-income
households.
| ||||||
17 | (g) The Trust Fund may be used to pay actual and reasonable
| ||||||
18 | costs for
Commission members to attend Commission meetings, and | ||||||
19 | any litigation costs
and expenses, including legal fees, | ||||||
20 | incurred by the Program Administrator
in any litigation related | ||||||
21 | to this Act or its action as Program
Administrator.
| ||||||
22 | (h) The Trust Fund may be used to make grants for (1) the
| ||||||
23 | provision of
technical assistance, (2) outreach, and (3) | ||||||
24 | building an organization's
capacity to develop affordable | ||||||
25 | housing projects.
| ||||||
26 | (i) Amounts on deposit in the Trust Fund may be used to | ||||||
27 | reimburse the
Program
Administrator and the Funding Agent for | ||||||
28 | costs incurred in the performance of
their duties under this | ||||||
29 | Act, excluding costs and fees of the Program
Administrator | ||||||
30 | associated with the Program Escrow to the extent withheld
| ||||||
31 | pursuant to paragraph (8) of subsection (b) of Section 5.
| ||||||
32 | (Source: P.A. 88-93; 89-286, eff. 8-10-95.)
| ||||||
33 | Section 5-80. The Illinois Vehicle Code is amended by |
| |||||||
| |||||||
1 | changing Sections 18c-1603 and 18c-1604 as follows:
| ||||||
2 | (625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
| ||||||
3 | Sec. 18c-1603. Expenditures from the Transportation | ||||||
4 | Regulatory Fund. (1) Authorization of Expenditures from the | ||||||
5 | Fund. Monies deposited in the
Transportation Regulatory Fund | ||||||
6 | shall be expended only for the
administration and enforcement | ||||||
7 | of this Chapter and Chapter 18a.
| ||||||
8 | (2) Allocation of Expenses to the Fund. (a) Expenses | ||||||
9 | Allocated Entirely
to the Transportation Regulatory Fund. All | ||||||
10 | expenses of the Transportation
Division shall be allocated to | ||||||
11 | the Transportation Regulatory Fund, provided
that they were:
| ||||||
12 | (i) Incurred by and for staff employed within the | ||||||
13 | Transportation
Division and accountable, directly or through a | ||||||
14 | program director or staff
supervisor, to the Transportation | ||||||
15 | Division manager;
| ||||||
16 | (ii) Incurred exclusively in the administration and | ||||||
17 | enforcement of
this Chapter and Chapter 18a; and
| ||||||
18 | (iii) Authorized by the Transportation Division manager.
| ||||||
19 | (b) Expenses Partially Allocated to the Transportation | ||||||
20 | Regulatory Fund.
A portion of expenses for the following | ||||||
21 | persons and activities may be
allocated to the Transportation | ||||||
22 | Regulatory Fund:
| ||||||
23 | (i) The Executive Director, his deputies and personal | ||||||
24 | assistants, and
their clerical support;
| ||||||
25 | (ii) The legislative liaison activities of the Office of | ||||||
26 | Legislative
Affairs, its constituent elements and successors;
| ||||||
27 | (iii) The activities of the Bureau of Planning and | ||||||
28 | Operations on the effective date of this amendatory Act of the | ||||||
29 | 94th General Assembly
Administrative Services Division on the
| ||||||
30 | effective date of this amendatory Act of 1987 , exclusive of the | ||||||
31 | Chief Clerk's office;
| ||||||
32 | (iv) The payroll expenses of Commissioners' assistants;
| ||||||
33 | (v) The internal auditor; and
|
| |||||||
| |||||||
1 | (vi) The in-state travel expenses of the Commissioners to | ||||||
2 | and from
the offices of the Commission ; and .
| ||||||
3 | (vii) The Public Affairs Group, its constituent elements, | ||||||
4 | and its successors.
| ||||||
5 | (c) Allocation Methodology for Expenses Other Than | ||||||
6 | Administrative
Services Division and Commissioners' | ||||||
7 | Assistants. The portion of total
expenses (other than
| ||||||
8 | Administrative Services Division and commissioners' | ||||||
9 | assistants' expenses)
allocated to the Transportation | ||||||
10 | Regulatory Fund under paragraph (b) of this
subsection shall be | ||||||
11 | the lessor of: (i) The portion of staff time spent exclusively | ||||||
12 | on administration and
enforcement of this Chapter and Chapter | ||||||
13 | 18a, as shown
by a time study updated at least once each 6 | ||||||
14 | months ; and (ii) The percentage of total authorized Commission | ||||||
15 | staff for the fiscal
year which is employed in Transportation | ||||||
16 | Division (based on the average for
the fiscal year) .
| ||||||
17 | (d) (Blank).
Allocation Methodology for Expenses of | ||||||
18 | Administration Services
Division. The portion of expenses for | ||||||
19 | Administrative Services Division
allocated to the | ||||||
20 | Transportation Regulatory Fund under paragraph (b) of this
| ||||||
21 | subsection shall not exceed:
| ||||||
22 | (i) The portion allocable under paragraph (c) of this | ||||||
23 | subsection, for
staff payroll expenses; and
| ||||||
24 | (ii) The portion used exclusively in the administration and | ||||||
25 | enforcement
of this Chapter and Chapter 18a, for other than | ||||||
26 | staff
payroll expenses.
| ||||||
27 | (e) Allocation methodology for Commissioners' Assistants | ||||||
28 | Expenses. Five
percent of the payroll expenses of | ||||||
29 | commissioners'
assistants may be allocated to the | ||||||
30 | Transportation Regulatory Fund.
| ||||||
31 | (f) Expenses not allocable to the Transportation | ||||||
32 | Regulatory Fund. No
expenses shall be allocated to or paid from | ||||||
33 | the Transportation Regulatory
Fund except as expressly | ||||||
34 | authorized in paragraphs (a) through (e) of this
subsection. In |
| |||||||
| |||||||
1 | particular, no expenses shall be allocated to the Fund
which | ||||||
2 | were incurred by or in relation to the following persons and | ||||||
3 | activities:
| ||||||
4 | (i) Commissioners' travel, except as otherwise provided in | ||||||
5 | paragraphs (b)
and (c) of this subsection;
| ||||||
6 | (ii) Commissioners' assistants except as otherwise | ||||||
7 | provided in
paragraphs (b) and (e) of this subsection;
| ||||||
8 | (iii) The Policy Analysis and Research Division, its | ||||||
9 | constituent
elements and successors;
| ||||||
10 | (iv) The Chief Clerk's office, its constituent elements and | ||||||
11 | successors;
| ||||||
12 | (v) The Hearing Examiners Division, its constituent | ||||||
13 | elements and
successors, and any hearing examiners or hearings
| ||||||
14 | conducted, in whole or in part, outside the Transportation | ||||||
15 | Division;
| ||||||
16 | (vi) (Blank);
The Public Affairs Group, its constituent | ||||||
17 | elements and successors;
| ||||||
18 | (vii) The Office of General Counsel, its constituent | ||||||
19 | elements and
successors, including but not limited to the | ||||||
20 | Office of Public Utility
Counsel and any legal staff in the | ||||||
21 | office of the executive director, but
not including the | ||||||
22 | personal assistant serving as staff counsel to the executive
| ||||||
23 | director as provided in Section 18c-1204(2) and the Office
of | ||||||
24 | Transportation Counsel; and
| ||||||
25 | (viii) Any other expenses or portion thereof not expressly | ||||||
26 | authorized in
this subsection to
be allocated to the Fund.
| ||||||
27 | The constituent elements of the foregoing shall, for | ||||||
28 | purposes of this
Section be their constituent elements on the | ||||||
29 | effective date of this
amendatory Act of 1987.
| ||||||
30 | (3) (Blank).
Allocation of Expenses Within the Fund. (a) | ||||||
31 | Monies deposited in the
Transportation Regulatory Fund shall be | ||||||
32 | expended only in the regulation of
that class of persons as | ||||||
33 | defined in subsection (2) of Section 18c-1601 of
this Chapter | ||||||
34 | from or in relation to which the monies were received.
|
| |||||||
| |||||||
1 | (b) Expenses incurred exclusively in relation to one class | ||||||
2 | shall be
allocated to that class and no other.
| ||||||
3 | (c) A portion of each expense incurred in relation to more | ||||||
4 | than one
class may be allocated to each of the involved classes | ||||||
5 | based on time study
or actual use, provided that the portion | ||||||
6 | allocated to any class shall not
exceed the maximum specified | ||||||
7 | in paragraph (d) of this subsection.
| ||||||
8 | (d) Total expenses allocated to any one class under | ||||||
9 | paragraph (c) of
this subsection shall not exceed the amount | ||||||
10 | which bears the same percentage
relationship to expenses | ||||||
11 | allocated to that class under paragraph (b) of
this subsection | ||||||
12 | ((c) divided by (b)) as total expenses allocated to all
classes | ||||||
13 | under paragraph (b) bear to total expenses allocated to all
| ||||||
14 | classes under paragraph (c) ((c) divided by (b)).
| ||||||
15 | (4) (Blank).
Effective Date of Section. The Commission | ||||||
16 | shall have 180 calendar
days from the effective date of this | ||||||
17 | amendatory Act of 1987 to comply fully
with this Section.
| ||||||
18 | (Source: P.A. 86-1005.)
| ||||||
19 | (625 ILCS 5/18c-1604) (from Ch. 95 1/2, par. 18c-1604)
| ||||||
20 | Sec. 18c-1604. Annual Report of Expenditures. The | ||||||
21 | Commission shall,
within 60 calendar days after the end of the | ||||||
22 | lapse period for each fiscal year, submit to the
Governor and | ||||||
23 | the General Assembly a report of the following for such fiscal
| ||||||
24 | year:
| ||||||
25 | (1) All monies deposited in the Transportation Regulatory | ||||||
26 | Fund, showing
the total and subtotals by class as defined in | ||||||
27 | subsection (2) of
Section 18c-1601 of this Chapter;
| ||||||
28 | (2) All expenditures from the Transportation Regulatory | ||||||
29 | Fund, showing
the total and the sub-totals by class as defined | ||||||
30 | in subsection (2) of
Section 18c-1601 of this Chapter;
| ||||||
31 | (3) A listing and description by function of all staff | ||||||
32 | positions
actually funded, in whole or in part, at any time | ||||||
33 | during the fiscal year,
from the Transportation Regulatory |
| |||||||
| |||||||
1 | Fund; and
| ||||||
2 | (4) The methods used to allocate expenses between the | ||||||
3 | Transportation
Regulatory Fund and other funds, and between | ||||||
4 | classes within the
Transportation Regulatory Fund.
| ||||||
5 | (Source: P.A. 85-553.)
| ||||||
6 | Section 5-85. The Pretrial Services Act is amended by | ||||||
7 | changing Section 33 as follows:
| ||||||
8 | (725 ILCS 185/33) (from Ch. 38, par. 333)
| ||||||
9 | Sec. 33. The Supreme Court shall pay from funds | ||||||
10 | appropriated to it for this purpose
100% of all approved costs | ||||||
11 | for pretrial services, including pretrial
services officers, | ||||||
12 | necessary support personnel, travel costs reasonably
related | ||||||
13 | to the delivery of pretrial services, space costs, equipment,
| ||||||
14 | telecommunications, postage, commodities, printing and | ||||||
15 | contractual
services. Costs shall be reimbursed monthly, based | ||||||
16 | on a plan and budget
approved by the Supreme Court. No
| ||||||
17 | department may be reimbursed for costs which exceed or are not | ||||||
18 | provided for
in the approved plan and budget.
For State fiscal | ||||||
19 | years 2004, 2005, and 2006 , and 2007 only, the Mandatory | ||||||
20 | Arbitration Fund may be used
to
reimburse approved costs for | ||||||
21 | pretrial services.
| ||||||
22 | (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, | ||||||
23 | eff. 7-1-05.)
| ||||||
24 | Section 5-90. The Unified Code of Corrections is amended by | ||||||
25 | changing Sections 3-14-6 and 5-9-1.8 as follows:
| ||||||
26 | (730 ILCS 5/3-14-6)
| ||||||
27 | Sec. 3-14-6. Transitional jobs; pilot program. Subject to | ||||||
28 | appropriations
or other funding, the Department may
establish
a
| ||||||
29 | pilot program at various
in 2 locations in the State to place | ||||||
30 | persons discharged from a
Department
facility on parole or |
| |||||||
| |||||||
1 | mandatory supervised release in jobs or otherwise
establish a
| ||||||
2 | connection between such persons and the workforce. One such | ||||||
3 | location must be at Waukegan, in Lake County. By rule, the | ||||||
4 | Department
shall
determine the locations in which the pilot | ||||||
5 | program is to be implemented
and the services to be provided.
| ||||||
6 | In determining locations for the pilot program, however, the | ||||||
7 | Department shall
give priority to areas of the State in which | ||||||
8 | the concentration of released
offenders is the highest.
The
| ||||||
9 | Department may consult with the Department of Human Services in | ||||||
10 | establishing
the pilot
program.
| ||||||
11 | (Source: P.A. 93-208, eff. 7-18-03.)
| ||||||
12 | (730 ILCS 5/5-9-1.8)
| ||||||
13 | Sec. 5-9-1.8. Child pornography fines. Beginning July 1, | ||||||
14 | 2006, 100%
One hundred percent of the fines in
excess of | ||||||
15 | $10,000 collected for violations of Section 11-20.1 of the | ||||||
16 | Criminal
Code of 1961 shall be deposited into the Child Abuse | ||||||
17 | Prevention Fund
Child Sexual Abuse Fund that is
created in the | ||||||
18 | State Treasury. Moneys in the Fund resulting from the fines | ||||||
19 | shall be for the use of the
Department of Children and Family | ||||||
20 | Services for grants to private entities
giving treatment and | ||||||
21 | counseling to victims of child sexual abuse. | ||||||
22 | Notwithstanding any other provision of law, in addition to | ||||||
23 | any other transfers that may be provided by law, on July 1, | ||||||
24 | 2006, or as soon thereafter as practical, the State Comptroller | ||||||
25 | shall direct and the State Treasurer shall transfer the | ||||||
26 | remaining balance from the Child Sexual Abuse Fund into the | ||||||
27 | Child Abuse Prevention Fund. Upon completion of the transfer, | ||||||
28 | the Child Sexual Abuse Fund is dissolved, and any future | ||||||
29 | deposits due to that Fund and any outstanding obligations or | ||||||
30 | liabilities of the Fund pass to the Child Abuse Prevention | ||||||
31 | Fund.
| ||||||
32 | (Source: P.A. 87-1070; 88-45.)
|
| |||||||
| |||||||
1 | Section 5-95. The Probation and Probation Officers Act is | ||||||
2 | amended by changing Sections 15 and 15.1 as follows:
| ||||||
3 | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
| ||||||
4 | (Text of Section before amendment by P.A. 94-696 )
| ||||||
5 | Sec. 15. (1) The Supreme Court of Illinois may establish a | ||||||
6 | Division of
Probation Services whose purpose shall be the | ||||||
7 | development, establishment,
promulgation, and enforcement of | ||||||
8 | uniform standards for probation services in
this State, and to | ||||||
9 | otherwise carry out the intent of this Act. The Division
may:
| ||||||
10 | (a) establish qualifications for chief probation | ||||||
11 | officers and other
probation and court services personnel | ||||||
12 | as to hiring, promotion, and training.
| ||||||
13 | (b) make available, on a timely basis, lists of those | ||||||
14 | applicants whose
qualifications meet the regulations | ||||||
15 | referred to herein, including on said
lists all candidates | ||||||
16 | found qualified.
| ||||||
17 | (c) establish a means of verifying the conditions for | ||||||
18 | reimbursement
under this Act and develop criteria for | ||||||
19 | approved costs for reimbursement.
| ||||||
20 | (d) develop standards and approve employee | ||||||
21 | compensation schedules for
probation and court services | ||||||
22 | departments.
| ||||||
23 | (e) employ sufficient personnel in the Division to | ||||||
24 | carry out the
functions of the Division.
| ||||||
25 | (f) establish a system of training and establish | ||||||
26 | standards for personnel
orientation and training.
| ||||||
27 | (g) develop standards for a system of record keeping | ||||||
28 | for cases and
programs, gather statistics, establish a | ||||||
29 | system of uniform forms, and
develop research for planning | ||||||
30 | of Probation
Services.
| ||||||
31 | (h) develop standards to assure adequate support | ||||||
32 | personnel, office
space, equipment and supplies, travel | ||||||
33 | expenses, and other essential items
necessary for |
| |||||||
| |||||||
1 | Probation and Court Services
Departments to carry out their
| ||||||
2 | duties.
| ||||||
3 | (i) review and approve annual plans submitted by
| ||||||
4 | Probation and Court
Services Departments.
| ||||||
5 | (j) monitor and evaluate all programs operated by
| ||||||
6 | Probation and Court
Services Departments, and may include | ||||||
7 | in the program evaluation criteria
such factors as the | ||||||
8 | percentage of Probation sentences for felons convicted
of | ||||||
9 | Probationable offenses.
| ||||||
10 | (k) seek the cooperation of local and State government | ||||||
11 | and private
agencies to improve the quality of probation | ||||||
12 | and
court services.
| ||||||
13 | (l) where appropriate, establish programs and | ||||||
14 | corresponding standards
designed to generally improve the | ||||||
15 | quality of
probation and court services
and reduce the rate | ||||||
16 | of adult or juvenile offenders committed to the
Department | ||||||
17 | of Corrections.
| ||||||
18 | (m) establish such other standards and regulations and | ||||||
19 | do all acts
necessary to carry out the intent and purposes | ||||||
20 | of this Act.
| ||||||
21 | The Division shall establish a model list of structured | ||||||
22 | intermediate
sanctions that may be imposed by a probation | ||||||
23 | agency for violations of terms and
conditions of a sentence of | ||||||
24 | probation, conditional discharge, or supervision.
| ||||||
25 | The State of Illinois shall provide for the costs of | ||||||
26 | personnel, travel,
equipment, telecommunications, postage, | ||||||
27 | commodities, printing, space,
contractual services and other | ||||||
28 | related costs necessary to carry out the
intent of this Act.
| ||||||
29 | (2) (a) The chief judge of each circuit shall provide
| ||||||
30 | full-time probation services for all counties
within the | ||||||
31 | circuit, in a
manner consistent with the annual probation plan,
| ||||||
32 | the standards, policies,
and regulations established by the | ||||||
33 | Supreme Court. A
probation district of
two or more counties | ||||||
34 | within a circuit may be created for the purposes of
providing |
| |||||||
| |||||||
1 | full-time probation services. Every
county or group of
counties | ||||||
2 | within a circuit shall maintain a
probation department which | ||||||
3 | shall
be under the authority of the Chief Judge of the circuit | ||||||
4 | or some other
judge designated by the Chief Judge. The Chief | ||||||
5 | Judge, through the
Probation and Court Services Department | ||||||
6 | shall
submit annual plans to the
Division for probation and | ||||||
7 | related services.
| ||||||
8 | (b) The Chief Judge of each circuit shall appoint the Chief
| ||||||
9 | Probation
Officer and all other probation officers for his
or | ||||||
10 | her circuit from lists
of qualified applicants supplied by the | ||||||
11 | Supreme Court. Candidates for chief
managing officer and other | ||||||
12 | probation officer
positions must apply with both
the Chief | ||||||
13 | Judge of the circuit and the Supreme Court.
| ||||||
14 | (3) A Probation and Court Service Department
shall apply to | ||||||
15 | the
Supreme Court for funds for basic services, and may apply | ||||||
16 | for funds for new
and expanded programs or Individualized | ||||||
17 | Services and Programs. Costs shall
be reimbursed monthly based | ||||||
18 | on a plan and budget approved by the Supreme
Court. No | ||||||
19 | Department may be reimbursed for costs which exceed or are not
| ||||||
20 | provided for in the approved annual plan and budget. After the | ||||||
21 | effective
date of this amendatory Act of 1985, each county must | ||||||
22 | provide basic
services in accordance with the annual plan and | ||||||
23 | standards created by the
division. No department may receive | ||||||
24 | funds for new or expanded programs or
individualized services | ||||||
25 | and programs unless they are in compliance with
standards as | ||||||
26 | enumerated in paragraph (h) of subsection (1) of this Section,
| ||||||
27 | the annual plan, and standards for basic services.
| ||||||
28 | (4) The Division shall reimburse the county or counties for
| ||||||
29 | probation
services as follows:
| ||||||
30 | (a) 100% of the salary of all chief managing officers | ||||||
31 | designated as such
by the Chief Judge and the division.
| ||||||
32 | (b) 100% of the salary for all probation
officer and | ||||||
33 | supervisor
positions approved for reimbursement by the | ||||||
34 | division after April 1, 1984,
to meet workload standards |
| |||||||
| |||||||
1 | and to implement intensive sanction and
probation
| ||||||
2 | supervision
programs and other basic services as defined in | ||||||
3 | this Act.
| ||||||
4 | (c) 100% of the salary for all secure detention | ||||||
5 | personnel and non-secure
group home personnel approved for | ||||||
6 | reimbursement after December 1, 1990.
For all such | ||||||
7 | positions approved for reimbursement
before
December 1, | ||||||
8 | 1990, the counties shall be reimbursed $1,250 per month | ||||||
9 | beginning
July 1, 1995, and an additional $250 per month | ||||||
10 | beginning each July 1st
thereafter until the positions | ||||||
11 | receive 100% salary reimbursement.
Allocation of such | ||||||
12 | positions will be based on comparative need considering
| ||||||
13 | capacity, staff/resident ratio, physical plant and | ||||||
14 | program.
| ||||||
15 | (d) $1,000 per month for salaries for the remaining
| ||||||
16 | probation officer
positions engaged in basic services and | ||||||
17 | new or expanded services. All such
positions shall be | ||||||
18 | approved by the division in accordance with this Act and
| ||||||
19 | division standards.
| ||||||
20 | (e) 100% of the travel expenses in accordance with | ||||||
21 | Division standards
for all Probation positions approved | ||||||
22 | under
paragraph (b) of subsection 4
of this Section.
| ||||||
23 | (f) If the amount of funds reimbursed to the county | ||||||
24 | under paragraphs
(a) through (e) of subsection 4 of this | ||||||
25 | Section on an annual basis is less
than the amount the | ||||||
26 | county had received during the 12 month period
immediately | ||||||
27 | prior to the effective date of this amendatory Act of 1985,
| ||||||
28 | then the Division shall reimburse the amount of the | ||||||
29 | difference to the
county. The effect of paragraph (b) of | ||||||
30 | subsection 7 of this Section shall
be considered in | ||||||
31 | implementing this supplemental reimbursement provision.
| ||||||
32 | (5) The Division shall provide funds beginning on April 1, | ||||||
33 | 1987 for the
counties to provide Individualized Services and | ||||||
34 | Programs as provided in
Section 16 of this Act.
|
| |||||||
| |||||||
1 | (6) A Probation and Court Services Department
in order to | ||||||
2 | be eligible
for the reimbursement must submit to the Supreme | ||||||
3 | Court an application
containing such information and in such a | ||||||
4 | form and by such dates as the
Supreme Court may require. | ||||||
5 | Departments to be eligible for funding must
satisfy the | ||||||
6 | following conditions:
| ||||||
7 | (a) The Department shall have on file with the Supreme
| ||||||
8 | Court an annual Probation plan for continuing,
improved, | ||||||
9 | and
new Probation and Court Services Programs
approved by | ||||||
10 | the Supreme Court or its
designee. This plan shall indicate | ||||||
11 | the manner in which
Probation and Court
Services will be | ||||||
12 | delivered and improved, consistent with the minimum
| ||||||
13 | standards and regulations for Probation and Court
| ||||||
14 | Services, as established
by the Supreme Court. In counties | ||||||
15 | with more than one
Probation and Court
Services Department | ||||||
16 | eligible to receive funds, all Departments within that
| ||||||
17 | county must submit plans which are approved by the Supreme | ||||||
18 | Court.
| ||||||
19 | (b) The annual probation plan shall seek to
generally | ||||||
20 | improve the
quality of probation services and to reduce the
| ||||||
21 | commitment of adult and
juvenile offenders to the | ||||||
22 | Department of Corrections and shall require, when
| ||||||
23 | appropriate, coordination with the Department of | ||||||
24 | Corrections and the
Department of Children and Family | ||||||
25 | Services in the development and use of
community resources, | ||||||
26 | information systems, case review and permanency
planning | ||||||
27 | systems to avoid the duplication of services.
| ||||||
28 | (c) The Department shall be in compliance with | ||||||
29 | standards developed by the
Supreme Court for basic, new and | ||||||
30 | expanded services, training, personnel
hiring and | ||||||
31 | promotion.
| ||||||
32 | (d) The Department shall in its annual plan indicate | ||||||
33 | the manner in which
it will support the rights of crime | ||||||
34 | victims and in which manner it will
implement Article I, |
| |||||||
| |||||||
1 | Section 8.1 of the Illinois Constitution and in what
manner | ||||||
2 | it will coordinate crime victims' support services with | ||||||
3 | other criminal
justice agencies within its jurisdiction, | ||||||
4 | including but not limited to, the
State's Attorney, the | ||||||
5 | Sheriff and any municipal police department.
| ||||||
6 | (7) No statement shall be verified by the Supreme Court or | ||||||
7 | its
designee or vouchered by the Comptroller unless each of the | ||||||
8 | following
conditions have been met:
| ||||||
9 | (a) The probation officer is a full-time
employee | ||||||
10 | appointed by the Chief
Judge to provide probation services.
| ||||||
11 | (b) The probation officer, in order to be
eligible for | ||||||
12 | State
reimbursement, is receiving a salary of at least | ||||||
13 | $17,000 per year.
| ||||||
14 | (c) The probation officer is appointed or
was | ||||||
15 | reappointed in accordance
with minimum qualifications or | ||||||
16 | criteria established by the Supreme
Court; however, all | ||||||
17 | probation officers appointed
prior to January 1, 1978,
| ||||||
18 | shall be exempted from the minimum requirements | ||||||
19 | established by the Supreme
Court. Payments shall be made to | ||||||
20 | counties employing these exempted
probation officers as | ||||||
21 | long as they are employed
in the position held on the
| ||||||
22 | effective date of this amendatory Act of 1985. Promotions | ||||||
23 | shall be
governed by minimum qualifications established by | ||||||
24 | the Supreme Court.
| ||||||
25 | (d) The Department has an established compensation | ||||||
26 | schedule approved by
the Supreme Court. The compensation | ||||||
27 | schedule shall include salary ranges
with necessary | ||||||
28 | increments to compensate each employee. The increments
| ||||||
29 | shall, within the salary ranges, be based on such factors | ||||||
30 | as bona fide
occupational qualifications, performance, and | ||||||
31 | length of service. Each
position in the Department shall be | ||||||
32 | placed on the compensation schedule
according to job duties | ||||||
33 | and responsibilities of such position. The policy
and | ||||||
34 | procedures of the compensation schedule shall be made |
| |||||||
| |||||||
1 | available to each
employee.
| ||||||
2 | (8) In order to obtain full reimbursement of all approved | ||||||
3 | costs, each
Department must continue to employ at least the | ||||||
4 | same number of
probation
officers and probation managers as | ||||||
5 | were
authorized for employment for the
fiscal year which | ||||||
6 | includes January 1, 1985. This number shall be designated
as | ||||||
7 | the base amount of the Department. No positions approved by the | ||||||
8 | Division
under paragraph (b) of subsection 4 will be included | ||||||
9 | in the base amount.
In the event that the Department employs | ||||||
10 | fewer
Probation officers and
Probation managers than the base | ||||||
11 | amount for a
period of 90 days, funding
received by the | ||||||
12 | Department under subsection 4 of this
Section may be reduced on | ||||||
13 | a monthly basis by the amount of the current
salaries of any | ||||||
14 | positions below the base amount.
| ||||||
15 | (9) Before the 15th day of each month, the treasurer of any | ||||||
16 | county which
has a Probation and Court Services Department, or
| ||||||
17 | the treasurer of the most
populous county, in the case of a | ||||||
18 | Probation or
Court Services Department
funded by more than one | ||||||
19 | county, shall submit an itemized statement of all
approved | ||||||
20 | costs incurred in the delivery of Basic
Probation and Court
| ||||||
21 | Services under this Act to the Supreme Court.
The treasurer may | ||||||
22 | also submit an itemized statement of all approved costs
| ||||||
23 | incurred in the delivery of new and expanded
Probation and | ||||||
24 | Court Services
as well as Individualized Services and Programs. | ||||||
25 | The Supreme Court or
its designee shall verify compliance with | ||||||
26 | this Section and shall examine
and audit the monthly statement | ||||||
27 | and, upon finding them to be correct, shall
forward them to the | ||||||
28 | Comptroller for payment to the county treasurer. In the
case of | ||||||
29 | payment to a treasurer of a county which is the most populous | ||||||
30 | of
counties sharing the salary and expenses of a
Probation and | ||||||
31 | Court Services
Department, the treasurer shall divide the money | ||||||
32 | between the counties in a
manner that reflects each county's | ||||||
33 | share of the cost incurred by the
Department.
| ||||||
34 | (10) The county treasurer must certify that funds received |
| |||||||
| |||||||
1 | under this
Section shall be used solely to maintain and improve
| ||||||
2 | Probation and Court
Services. The county or circuit shall | ||||||
3 | remain in compliance with all
standards, policies and | ||||||
4 | regulations established by the Supreme Court.
If at any time | ||||||
5 | the Supreme Court determines that a county or circuit is not
in | ||||||
6 | compliance, the Supreme Court shall immediately notify the | ||||||
7 | Chief Judge,
county board chairman and the Director of Court | ||||||
8 | Services Chief
Probation Officer. If after 90 days of written
| ||||||
9 | notice the noncompliance
still exists, the Supreme Court shall | ||||||
10 | be required to reduce the amount of
monthly reimbursement by | ||||||
11 | 10%. An additional 10% reduction of monthly
reimbursement shall | ||||||
12 | occur for each consecutive month of noncompliance.
Except as | ||||||
13 | provided in subsection 5 of Section 15, funding to counties | ||||||
14 | shall
commence on April 1, 1986. Funds received under this Act | ||||||
15 | shall be used to
provide for Probation Department expenses
| ||||||
16 | including those required under
Section 13 of this Act. For | ||||||
17 | State fiscal years 2004, 2005, and 2006 , and 2007 only, the | ||||||
18 | Mandatory
Arbitration Fund may be used to provide for Probation | ||||||
19 | Department expenses,
including those required under Section 13 | ||||||
20 | of this Act.
| ||||||
21 | (11) The respective counties shall be responsible for | ||||||
22 | capital and space
costs, fringe benefits, clerical costs, | ||||||
23 | equipment, telecommunications,
postage, commodities and | ||||||
24 | printing.
| ||||||
25 | (12) For purposes of this Act only, probation officers | ||||||
26 | shall be
considered
peace officers. In the
exercise of their | ||||||
27 | official duties, probation
officers, sheriffs, and police
| ||||||
28 | officers may, anywhere within the State, arrest any probationer | ||||||
29 | who is in
violation of any of the conditions of his or her | ||||||
30 | probation, conditional
discharge, or supervision, and it shall | ||||||
31 | be the
duty of the officer making the arrest to take the | ||||||
32 | probationer
before the
Court having jurisdiction over the | ||||||
33 | probationer for further order.
| ||||||
34 | (Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, |
| |||||||
| |||||||
1 | eff. 7-30-04; 94-91, eff. 7-1-05.)
| ||||||
2 | (Text of Section after amendment by P.A. 94-696 )
| ||||||
3 | Sec. 15. (1) The Supreme Court of Illinois may establish a | ||||||
4 | Division of
Probation Services whose purpose shall be the | ||||||
5 | development, establishment,
promulgation, and enforcement of | ||||||
6 | uniform standards for probation services in
this State, and to | ||||||
7 | otherwise carry out the intent of this Act. The Division
may:
| ||||||
8 | (a) establish qualifications for chief probation | ||||||
9 | officers and other
probation and court services personnel | ||||||
10 | as to hiring, promotion, and training.
| ||||||
11 | (b) make available, on a timely basis, lists of those | ||||||
12 | applicants whose
qualifications meet the regulations | ||||||
13 | referred to herein, including on said
lists all candidates | ||||||
14 | found qualified.
| ||||||
15 | (c) establish a means of verifying the conditions for | ||||||
16 | reimbursement
under this Act and develop criteria for | ||||||
17 | approved costs for reimbursement.
| ||||||
18 | (d) develop standards and approve employee | ||||||
19 | compensation schedules for
probation and court services | ||||||
20 | departments.
| ||||||
21 | (e) employ sufficient personnel in the Division to | ||||||
22 | carry out the
functions of the Division.
| ||||||
23 | (f) establish a system of training and establish | ||||||
24 | standards for personnel
orientation and training.
| ||||||
25 | (g) develop standards for a system of record keeping | ||||||
26 | for cases and
programs, gather statistics, establish a | ||||||
27 | system of uniform forms, and
develop research for planning | ||||||
28 | of Probation
Services.
| ||||||
29 | (h) develop standards to assure adequate support | ||||||
30 | personnel, office
space, equipment and supplies, travel | ||||||
31 | expenses, and other essential items
necessary for | ||||||
32 | Probation and Court Services
Departments to carry out their
| ||||||
33 | duties.
|
| |||||||
| |||||||
1 | (i) review and approve annual plans submitted by
| ||||||
2 | Probation and Court
Services Departments.
| ||||||
3 | (j) monitor and evaluate all programs operated by
| ||||||
4 | Probation and Court
Services Departments, and may include | ||||||
5 | in the program evaluation criteria
such factors as the | ||||||
6 | percentage of Probation sentences for felons convicted
of | ||||||
7 | Probationable offenses.
| ||||||
8 | (k) seek the cooperation of local and State government | ||||||
9 | and private
agencies to improve the quality of probation | ||||||
10 | and
court services.
| ||||||
11 | (l) where appropriate, establish programs and | ||||||
12 | corresponding standards
designed to generally improve the | ||||||
13 | quality of
probation and court services
and reduce the rate | ||||||
14 | of adult or juvenile offenders committed to the
Department | ||||||
15 | of Corrections.
| ||||||
16 | (m) establish such other standards and regulations and | ||||||
17 | do all acts
necessary to carry out the intent and purposes | ||||||
18 | of this Act.
| ||||||
19 | The Division shall establish a model list of structured | ||||||
20 | intermediate
sanctions that may be imposed by a probation | ||||||
21 | agency for violations of terms and
conditions of a sentence of | ||||||
22 | probation, conditional discharge, or supervision.
| ||||||
23 | The State of Illinois shall provide for the costs of | ||||||
24 | personnel, travel,
equipment, telecommunications, postage, | ||||||
25 | commodities, printing, space,
contractual services and other | ||||||
26 | related costs necessary to carry out the
intent of this Act.
| ||||||
27 | (2) (a) The chief judge of each circuit shall provide
| ||||||
28 | full-time probation services for all counties
within the | ||||||
29 | circuit, in a
manner consistent with the annual probation plan,
| ||||||
30 | the standards, policies,
and regulations established by the | ||||||
31 | Supreme Court. A
probation district of
two or more counties | ||||||
32 | within a circuit may be created for the purposes of
providing | ||||||
33 | full-time probation services. Every
county or group of
counties | ||||||
34 | within a circuit shall maintain a
probation department which |
| |||||||
| |||||||
1 | shall
be under the authority of the Chief Judge of the circuit | ||||||
2 | or some other
judge designated by the Chief Judge. The Chief | ||||||
3 | Judge, through the
Probation and Court Services Department | ||||||
4 | shall
submit annual plans to the
Division for probation and | ||||||
5 | related services.
| ||||||
6 | (b) The Chief Judge of each circuit shall appoint the Chief
| ||||||
7 | Probation
Officer and all other probation officers for his
or | ||||||
8 | her circuit from lists
of qualified applicants supplied by the | ||||||
9 | Supreme Court. Candidates for chief
managing officer and other | ||||||
10 | probation officer
positions must apply with both
the Chief | ||||||
11 | Judge of the circuit and the Supreme Court.
| ||||||
12 | (3) A Probation and Court Service Department
shall apply to | ||||||
13 | the
Supreme Court for funds for basic services, and may apply | ||||||
14 | for funds for new
and expanded programs or Individualized | ||||||
15 | Services and Programs. Costs shall
be reimbursed monthly based | ||||||
16 | on a plan and budget approved by the Supreme
Court. No | ||||||
17 | Department may be reimbursed for costs which exceed or are not
| ||||||
18 | provided for in the approved annual plan and budget. After the | ||||||
19 | effective
date of this amendatory Act of 1985, each county must | ||||||
20 | provide basic
services in accordance with the annual plan and | ||||||
21 | standards created by the
division. No department may receive | ||||||
22 | funds for new or expanded programs or
individualized services | ||||||
23 | and programs unless they are in compliance with
standards as | ||||||
24 | enumerated in paragraph (h) of subsection (1) of this Section,
| ||||||
25 | the annual plan, and standards for basic services.
| ||||||
26 | (4) The Division shall reimburse the county or counties for
| ||||||
27 | probation
services as follows:
| ||||||
28 | (a) 100% of the salary of all chief managing officers | ||||||
29 | designated as such
by the Chief Judge and the division.
| ||||||
30 | (b) 100% of the salary for all probation
officer and | ||||||
31 | supervisor
positions approved for reimbursement by the | ||||||
32 | division after April 1, 1984,
to meet workload standards | ||||||
33 | and to implement intensive sanction and
probation
| ||||||
34 | supervision
programs and other basic services as defined in |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (c) 100% of the salary for all secure detention | ||||||
3 | personnel and non-secure
group home personnel approved for | ||||||
4 | reimbursement after December 1, 1990.
For all such | ||||||
5 | positions approved for reimbursement
before
December 1, | ||||||
6 | 1990, the counties shall be reimbursed $1,250 per month | ||||||
7 | beginning
July 1, 1995, and an additional $250 per month | ||||||
8 | beginning each July 1st
thereafter until the positions | ||||||
9 | receive 100% salary reimbursement.
Allocation of such | ||||||
10 | positions will be based on comparative need considering
| ||||||
11 | capacity, staff/resident ratio, physical plant and | ||||||
12 | program.
| ||||||
13 | (d) $1,000 per month for salaries for the remaining
| ||||||
14 | probation officer
positions engaged in basic services and | ||||||
15 | new or expanded services. All such
positions shall be | ||||||
16 | approved by the division in accordance with this Act and
| ||||||
17 | division standards.
| ||||||
18 | (e) 100% of the travel expenses in accordance with | ||||||
19 | Division standards
for all Probation positions approved | ||||||
20 | under
paragraph (b) of subsection 4
of this Section.
| ||||||
21 | (f) If the amount of funds reimbursed to the county | ||||||
22 | under paragraphs
(a) through (e) of subsection 4 of this | ||||||
23 | Section on an annual basis is less
than the amount the | ||||||
24 | county had received during the 12 month period
immediately | ||||||
25 | prior to the effective date of this amendatory Act of 1985,
| ||||||
26 | then the Division shall reimburse the amount of the | ||||||
27 | difference to the
county. The effect of paragraph (b) of | ||||||
28 | subsection 7 of this Section shall
be considered in | ||||||
29 | implementing this supplemental reimbursement provision.
| ||||||
30 | (5) The Division shall provide funds beginning on April 1, | ||||||
31 | 1987 for the
counties to provide Individualized Services and | ||||||
32 | Programs as provided in
Section 16 of this Act.
| ||||||
33 | (6) A Probation and Court Services Department
in order to | ||||||
34 | be eligible
for the reimbursement must submit to the Supreme |
| |||||||
| |||||||
1 | Court an application
containing such information and in such a | ||||||
2 | form and by such dates as the
Supreme Court may require. | ||||||
3 | Departments to be eligible for funding must
satisfy the | ||||||
4 | following conditions:
| ||||||
5 | (a) The Department shall have on file with the Supreme
| ||||||
6 | Court an annual Probation plan for continuing,
improved, | ||||||
7 | and
new Probation and Court Services Programs
approved by | ||||||
8 | the Supreme Court or its
designee. This plan shall indicate | ||||||
9 | the manner in which
Probation and Court
Services will be | ||||||
10 | delivered and improved, consistent with the minimum
| ||||||
11 | standards and regulations for Probation and Court
| ||||||
12 | Services, as established
by the Supreme Court. In counties | ||||||
13 | with more than one
Probation and Court
Services Department | ||||||
14 | eligible to receive funds, all Departments within that
| ||||||
15 | county must submit plans which are approved by the Supreme | ||||||
16 | Court.
| ||||||
17 | (b) The annual probation plan shall seek to
generally | ||||||
18 | improve the
quality of probation services and to reduce the
| ||||||
19 | commitment of adult offenders to the Department of | ||||||
20 | Corrections and to reduce the
commitment of juvenile | ||||||
21 | offenders to the Department of Juvenile Justice and shall | ||||||
22 | require, when
appropriate, coordination with the | ||||||
23 | Department of Corrections, the Department of Juvenile | ||||||
24 | Justice, and the
Department of Children and Family Services | ||||||
25 | in the development and use of
community resources, | ||||||
26 | information systems, case review and permanency
planning | ||||||
27 | systems to avoid the duplication of services.
| ||||||
28 | (c) The Department shall be in compliance with | ||||||
29 | standards developed by the
Supreme Court for basic, new and | ||||||
30 | expanded services, training, personnel
hiring and | ||||||
31 | promotion.
| ||||||
32 | (d) The Department shall in its annual plan indicate | ||||||
33 | the manner in which
it will support the rights of crime | ||||||
34 | victims and in which manner it will
implement Article I, |
| |||||||
| |||||||
1 | Section 8.1 of the Illinois Constitution and in what
manner | ||||||
2 | it will coordinate crime victims' support services with | ||||||
3 | other criminal
justice agencies within its jurisdiction, | ||||||
4 | including but not limited to, the
State's Attorney, the | ||||||
5 | Sheriff and any municipal police department.
| ||||||
6 | (7) No statement shall be verified by the Supreme Court or | ||||||
7 | its
designee or vouchered by the Comptroller unless each of the | ||||||
8 | following
conditions have been met:
| ||||||
9 | (a) The probation officer is a full-time
employee | ||||||
10 | appointed by the Chief
Judge to provide probation services.
| ||||||
11 | (b) The probation officer, in order to be
eligible for | ||||||
12 | State
reimbursement, is receiving a salary of at least | ||||||
13 | $17,000 per year.
| ||||||
14 | (c) The probation officer is appointed or
was | ||||||
15 | reappointed in accordance
with minimum qualifications or | ||||||
16 | criteria established by the Supreme
Court; however, all | ||||||
17 | probation officers appointed
prior to January 1, 1978,
| ||||||
18 | shall be exempted from the minimum requirements | ||||||
19 | established by the Supreme
Court. Payments shall be made to | ||||||
20 | counties employing these exempted
probation officers as | ||||||
21 | long as they are employed
in the position held on the
| ||||||
22 | effective date of this amendatory Act of 1985. Promotions | ||||||
23 | shall be
governed by minimum qualifications established by | ||||||
24 | the Supreme Court.
| ||||||
25 | (d) The Department has an established compensation | ||||||
26 | schedule approved by
the Supreme Court. The compensation | ||||||
27 | schedule shall include salary ranges
with necessary | ||||||
28 | increments to compensate each employee. The increments
| ||||||
29 | shall, within the salary ranges, be based on such factors | ||||||
30 | as bona fide
occupational qualifications, performance, and | ||||||
31 | length of service. Each
position in the Department shall be | ||||||
32 | placed on the compensation schedule
according to job duties | ||||||
33 | and responsibilities of such position. The policy
and | ||||||
34 | procedures of the compensation schedule shall be made |
| |||||||
| |||||||
1 | available to each
employee.
| ||||||
2 | (8) In order to obtain full reimbursement of all approved | ||||||
3 | costs, each
Department must continue to employ at least the | ||||||
4 | same number of
probation
officers and probation managers as | ||||||
5 | were
authorized for employment for the
fiscal year which | ||||||
6 | includes January 1, 1985. This number shall be designated
as | ||||||
7 | the base amount of the Department. No positions approved by the | ||||||
8 | Division
under paragraph (b) of subsection 4 will be included | ||||||
9 | in the base amount.
In the event that the Department employs | ||||||
10 | fewer
Probation officers and
Probation managers than the base | ||||||
11 | amount for a
period of 90 days, funding
received by the | ||||||
12 | Department under subsection 4 of this
Section may be reduced on | ||||||
13 | a monthly basis by the amount of the current
salaries of any | ||||||
14 | positions below the base amount.
| ||||||
15 | (9) Before the 15th day of each month, the treasurer of any | ||||||
16 | county which
has a Probation and Court Services Department, or
| ||||||
17 | the treasurer of the most
populous county, in the case of a | ||||||
18 | Probation or
Court Services Department
funded by more than one | ||||||
19 | county, shall submit an itemized statement of all
approved | ||||||
20 | costs incurred in the delivery of Basic
Probation and Court
| ||||||
21 | Services under this Act to the Supreme Court.
The treasurer may | ||||||
22 | also submit an itemized statement of all approved costs
| ||||||
23 | incurred in the delivery of new and expanded
Probation and | ||||||
24 | Court Services
as well as Individualized Services and Programs. | ||||||
25 | The Supreme Court or
its designee shall verify compliance with | ||||||
26 | this Section and shall examine
and audit the monthly statement | ||||||
27 | and, upon finding them to be correct, shall
forward them to the | ||||||
28 | Comptroller for payment to the county treasurer. In the
case of | ||||||
29 | payment to a treasurer of a county which is the most populous | ||||||
30 | of
counties sharing the salary and expenses of a
Probation and | ||||||
31 | Court Services
Department, the treasurer shall divide the money | ||||||
32 | between the counties in a
manner that reflects each county's | ||||||
33 | share of the cost incurred by the
Department.
| ||||||
34 | (10) The county treasurer must certify that funds received |
| |||||||
| |||||||
1 | under this
Section shall be used solely to maintain and improve
| ||||||
2 | Probation and Court
Services. The county or circuit shall | ||||||
3 | remain in compliance with all
standards, policies and | ||||||
4 | regulations established by the Supreme Court.
If at any time | ||||||
5 | the Supreme Court determines that a county or circuit is not
in | ||||||
6 | compliance, the Supreme Court shall immediately notify the | ||||||
7 | Chief Judge,
county board chairman and the Director of Court | ||||||
8 | Services Chief
Probation Officer. If after 90 days of written
| ||||||
9 | notice the noncompliance
still exists, the Supreme Court shall | ||||||
10 | be required to reduce the amount of
monthly reimbursement by | ||||||
11 | 10%. An additional 10% reduction of monthly
reimbursement shall | ||||||
12 | occur for each consecutive month of noncompliance.
Except as | ||||||
13 | provided in subsection 5 of Section 15, funding to counties | ||||||
14 | shall
commence on April 1, 1986. Funds received under this Act | ||||||
15 | shall be used to
provide for Probation Department expenses
| ||||||
16 | including those required under
Section 13 of this Act. For | ||||||
17 | State fiscal years 2004, 2005, and 2006 , and 2007 only, the | ||||||
18 | Mandatory
Arbitration Fund may be used to provide for Probation | ||||||
19 | Department expenses,
including those required under Section 13 | ||||||
20 | of this Act.
| ||||||
21 | (11) The respective counties shall be responsible for | ||||||
22 | capital and space
costs, fringe benefits, clerical costs, | ||||||
23 | equipment, telecommunications,
postage, commodities and | ||||||
24 | printing.
| ||||||
25 | (12) For purposes of this Act only, probation officers | ||||||
26 | shall be
considered
peace officers. In the
exercise of their | ||||||
27 | official duties, probation
officers, sheriffs, and police
| ||||||
28 | officers may, anywhere within the State, arrest any probationer | ||||||
29 | who is in
violation of any of the conditions of his or her | ||||||
30 | probation, conditional
discharge, or supervision, and it shall | ||||||
31 | be the
duty of the officer making the arrest to take the | ||||||
32 | probationer
before the
Court having jurisdiction over the | ||||||
33 | probationer for further order.
| ||||||
34 | (Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, |
| |||||||
| |||||||
1 | eff. 7-30-04; 94-91, eff. 7-1-05; 94-696, eff. 6-1-06.)
| ||||||
2 | (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) | ||||||
3 | Sec. 15.1. Probation and Court Services Fund.
| ||||||
4 | (a) The county treasurer in each county shall establish a
| ||||||
5 | probation and court services fund consisting of fees collected | ||||||
6 | pursuant to
subsection (i) of Section 5-6-3 and subsection (i) | ||||||
7 | of Section 5-6-3.1
of the Unified Code of Corrections, | ||||||
8 | subsection (10) of Section 5-615
and
subsection (5) of Section | ||||||
9 | 5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of | ||||||
10 | subsection (b) of Section 110-10 of the Code of Criminal
| ||||||
11 | Procedure of 1963.
The
county treasurer shall disburse monies | ||||||
12 | from the fund only at the direction
of the chief judge of the | ||||||
13 | circuit court in such circuit where the county is
located. The | ||||||
14 | county treasurer of each county shall, on or before January
10 | ||||||
15 | of each year, submit an annual report to the Supreme Court.
| ||||||
16 | (b) Monies in the probation and court services fund shall | ||||||
17 | be
appropriated by the county board to be used within the | ||||||
18 | county or
jurisdiction where
collected in accordance
with | ||||||
19 | policies and guidelines approved by the Supreme Court for the | ||||||
20 | costs
of operating the probation and court services department | ||||||
21 | or departments;
however, except as provided in subparagraph | ||||||
22 | (g), monies
in the probation and court services fund shall not | ||||||
23 | be used for the payment
of salaries of probation and court | ||||||
24 | services personnel.
| ||||||
25 | (c) Monies expended from the probation and court services | ||||||
26 | fund shall
be used to supplement, not supplant, county | ||||||
27 | appropriations for probation
and court services.
| ||||||
28 | (d) Interest earned on monies deposited in a probation and | ||||||
29 | court
services fund may be used by the county for its ordinary | ||||||
30 | and contingent
expenditures.
| ||||||
31 | (e) The county board may appropriate moneys from the | ||||||
32 | probation and court
services fund, upon the direction of the | ||||||
33 | chief judge, to support programs that
are part of the continuum |
| |||||||
| |||||||
1 | of juvenile delinquency intervention programs which
are or may | ||||||
2 | be developed within the county. The grants from the probation | ||||||
3 | and
court services fund shall be for no more than one year and | ||||||
4 | may be used for any
expenses attributable to the program | ||||||
5 | including administration and oversight of
the program by the | ||||||
6 | probation department.
| ||||||
7 | (f) The county board may appropriate moneys from the | ||||||
8 | probation and court
services fund, upon the direction of the | ||||||
9 | chief judge, to support practices
endorsed or required under | ||||||
10 | the Sex Offender Management Board Act, including but
not | ||||||
11 | limited to sex offender evaluation, treatment, and monitoring | ||||||
12 | programs that
are or may be developed within the county.
| ||||||
13 | (g) For the State Fiscal Years 2005 ,
and 2006 , and 2007 | ||||||
14 | only, the Administrative Office of the Illinois Courts may | ||||||
15 | permit a county or circuit to use its probation and court | ||||||
16 | services fund for the payment of salaries of probation officers | ||||||
17 | and other court services personnel whose salaries are | ||||||
18 | reimbursed under this Act if the State's FY2005 ,
or FY2006 , or | ||||||
19 | FY2007 appropriation to the Supreme Court for reimbursement to | ||||||
20 | counties for probation salaries and services is less than the | ||||||
21 | amount appropriated to the Supreme Court for these
purposes for | ||||||
22 | State Fiscal Year 2004. The Administrative Office of the | ||||||
23 | Illinois Courts shall take into account each county's or | ||||||
24 | circuit's probation fee collections and expenditures when | ||||||
25 | apportioning the total reimbursement for each county or | ||||||
26 | circuit.
| ||||||
27 | (Source: P.A. 93-616, eff. 1-1-04; 93-839, eff. 7-30-04; 94-91, | ||||||
28 | eff. 7-1-05.)
| ||||||
29 | Section 5-100. The Code of Civil Procedure is amended by | ||||||
30 | changing Section 2-1009A as follows:
| ||||||
31 | (735 ILCS 5/2-1009A) (from Ch. 110, par. 2-1009A)
| ||||||
32 | Sec. 2-1009A. Filing Fees. In each county authorized by the |
| |||||||
| |||||||
1 | Supreme
Court to utilize mandatory arbitration, the clerk of | ||||||
2 | the
circuit court shall charge and collect, in addition to any | ||||||
3 | other fees, an
arbitration fee of $8, except in counties with | ||||||
4 | 3,000,000 or more inhabitants
the fee shall be $10, at the time | ||||||
5 | of filing the first pleading, paper
or
other appearance filed | ||||||
6 | by each party in all civil cases, but no additional
fee shall | ||||||
7 | be required if more than one party is represented in a single
| ||||||
8 | pleading, paper or other appearance. Arbitration fees received | ||||||
9 | by the
clerk of the circuit court pursuant to this Section | ||||||
10 | shall be remitted within
one month after receipt to the State | ||||||
11 | Treasurer for deposit into the
Mandatory Arbitration Fund, a | ||||||
12 | special fund in the State treasury for the
purpose of funding | ||||||
13 | mandatory arbitration programs and such other alternative
| ||||||
14 | dispute resolution programs as may be authorized by circuit | ||||||
15 | court rule for
operation in counties that have implemented | ||||||
16 | mandatory arbitration, with a
separate account
being | ||||||
17 | maintained for each county.
Notwithstanding any other | ||||||
18 | provision of this Section to the contrary, and for
State fiscal
| ||||||
19 | years 2004, 2005, and 2006 , and 2007 only, the Mandatory | ||||||
20 | Arbitration Fund may be used
for any
other purpose authorized | ||||||
21 | by the Supreme Court.
| ||||||
22 | (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, | ||||||
23 | eff. 7-1-05.)
| ||||||
24 | Section 5-110. The Workers' Compensation Act is amended by | ||||||
25 | changing Section 4 as follows:
| ||||||
26 | (820 ILCS 305/4) (from Ch. 48, par. 138.4)
| ||||||
27 | Sec. 4. (a) Any employer, including but not limited to | ||||||
28 | general contractors
and their subcontractors, who shall come | ||||||
29 | within the provisions of
Section 3 of this Act, and any other | ||||||
30 | employer who shall elect to provide
and pay the compensation | ||||||
31 | provided for in this Act shall:
| ||||||
32 | (1) File with the Commission annually an application |
| |||||||
| |||||||
1 | for approval as a
self-insurer which shall include a | ||||||
2 | current financial statement, and
annually, thereafter, an | ||||||
3 | application for renewal of self-insurance, which
shall | ||||||
4 | include a current financial statement. Said
application | ||||||
5 | and financial statement shall be signed and sworn to by the
| ||||||
6 | president or vice president and secretary or assistant | ||||||
7 | secretary of the
employer if it be a corporation, or by all | ||||||
8 | of the partners, if it be a
copartnership, or by the owner | ||||||
9 | if it be neither a copartnership nor a
corporation. All | ||||||
10 | initial applications and all applications for renewal of
| ||||||
11 | self-insurance must be submitted at least 60 days prior to | ||||||
12 | the requested
effective date of self-insurance. An | ||||||
13 | employer may elect to provide and pay
compensation as | ||||||
14 | provided
for in this Act as a member of a group workers' | ||||||
15 | compensation pool under Article
V 3/4 of the Illinois | ||||||
16 | Insurance Code. If an employer becomes a member of a
group | ||||||
17 | workers' compensation pool, the employer shall not be | ||||||
18 | relieved of any
obligations imposed by this Act.
| ||||||
19 | If the sworn application and financial statement of any | ||||||
20 | such employer
does not satisfy the Commission of the | ||||||
21 | financial ability of the employer
who has filed it, the | ||||||
22 | Commission shall require such employer to,
| ||||||
23 | (2) Furnish security, indemnity or a bond guaranteeing | ||||||
24 | the payment
by the employer of the compensation provided | ||||||
25 | for in this Act, provided
that any such employer whose | ||||||
26 | application and financial statement shall
not have | ||||||
27 | satisfied the commission of his or her financial ability | ||||||
28 | and
who shall have secured his liability in part by excess | ||||||
29 | liability insurance
shall be required to furnish to the | ||||||
30 | Commission security, indemnity or bond
guaranteeing his or | ||||||
31 | her payment up to the effective limits of the excess
| ||||||
32 | coverage, or
| ||||||
33 | (3) Insure his entire liability to pay such | ||||||
34 | compensation in some
insurance carrier authorized, |
| |||||||
| |||||||
1 | licensed, or permitted to do such
insurance business in | ||||||
2 | this State. Every policy of an insurance carrier,
insuring | ||||||
3 | the payment of compensation under this Act shall cover all | ||||||
4 | the
employees and the entire compensation liability of the | ||||||
5 | insured:
Provided, however, that any employer may insure | ||||||
6 | his or her compensation
liability with 2 or more insurance | ||||||
7 | carriers or may insure a part and
qualify under subsection | ||||||
8 | 1, 2, or 4 for the remainder of his or her
liability to pay | ||||||
9 | such compensation, subject to the following two | ||||||
10 | provisions:
| ||||||
11 | Firstly, the entire compensation liability of the | ||||||
12 | employer to
employees working at or from one location | ||||||
13 | shall be insured in one such
insurance carrier or shall | ||||||
14 | be self-insured, and
| ||||||
15 | Secondly, the employer shall submit evidence | ||||||
16 | satisfactorily to the
Commission that his or her entire | ||||||
17 | liability for the compensation provided
for in this Act | ||||||
18 | will be secured. Any provisions in any policy, or in | ||||||
19 | any
endorsement attached thereto, attempting to limit | ||||||
20 | or modify in any way,
the liability of the insurance | ||||||
21 | carriers issuing the same except as
otherwise provided | ||||||
22 | herein shall be wholly void.
| ||||||
23 | Nothing herein contained shall apply to policies of | ||||||
24 | excess liability
carriage secured by employers who have | ||||||
25 | been approved by the Commission
as self-insurers, or
| ||||||
26 | (4) Make some other provision, satisfactory to the | ||||||
27 | Commission, for
the securing of the payment of compensation | ||||||
28 | provided for in this Act,
and
| ||||||
29 | (5) Upon becoming subject to this Act and thereafter as | ||||||
30 | often as the
Commission may in writing demand, file with | ||||||
31 | the Commission in form prescribed
by it evidence of his or | ||||||
32 | her compliance with the provision of this Section.
| ||||||
33 | (a-1) Regardless of its state of domicile or its principal | ||||||
34 | place of
business, an employer shall make payments to its |
| |||||||
| |||||||
1 | insurance carrier or group
self-insurance fund, where | ||||||
2 | applicable, based upon the premium rates of the
situs where the | ||||||
3 | work or project is located in Illinois if:
| ||||||
4 | (A) the employer is engaged primarily in the building | ||||||
5 | and
construction industry; and
| ||||||
6 | (B) subdivision (a)(3) of this Section applies to the | ||||||
7 | employer or
the employer is a member of a group | ||||||
8 | self-insurance plan as defined in
subsection (1) of Section | ||||||
9 | 4a.
| ||||||
10 | The Illinois Workers' Compensation Commission shall impose | ||||||
11 | a penalty upon an employer
for violation of this subsection | ||||||
12 | (a-1) if:
| ||||||
13 | (i) the employer is given an opportunity at a hearing | ||||||
14 | to present
evidence of its compliance with this subsection | ||||||
15 | (a-1); and
| ||||||
16 | (ii) after the hearing, the Commission finds that the | ||||||
17 | employer
failed to make payments upon the premium rates of | ||||||
18 | the situs where the work or
project is located in Illinois.
| ||||||
19 | The penalty shall not exceed $1,000 for each day of work | ||||||
20 | for which
the employer failed to make payments upon the premium | ||||||
21 | rates of the situs where
the
work or project is located in | ||||||
22 | Illinois, but the total penalty shall not exceed
$50,000 for | ||||||
23 | each project or each contract under which the work was
| ||||||
24 | performed.
| ||||||
25 | Any penalty under this subsection (a-1) must be imposed not | ||||||
26 | later
than one year after the expiration of the applicable | ||||||
27 | limitation period
specified in subsection (d) of Section 6 of | ||||||
28 | this Act. Penalties imposed under
this subsection (a-1) shall | ||||||
29 | be deposited into the Illinois Workers' Compensation | ||||||
30 | Commission
Operations Fund, a special fund that is created in | ||||||
31 | the State treasury. Subject
to appropriation, moneys in the | ||||||
32 | Fund shall be used solely for the operations
of the Illinois | ||||||
33 | Workers' Compensation Commission and by the Department of | ||||||
34 | Financial and Professional Regulation for the purposes |
| |||||||
| |||||||
1 | authorized in subsection (c) of Section 25.5 of this Act .
| ||||||
2 | (b) The sworn application and financial statement, or | ||||||
3 | security,
indemnity or bond, or amount of insurance, or other | ||||||
4 | provisions, filed,
furnished, carried, or made by the employer, | ||||||
5 | as the case may be, shall
be subject to the approval of the | ||||||
6 | Commission.
| ||||||
7 | Deposits under escrow agreements shall be cash, negotiable | ||||||
8 | United
States government bonds or negotiable general | ||||||
9 | obligation bonds of the
State of Illinois. Such cash or bonds | ||||||
10 | shall be deposited in
escrow with any State or National Bank or | ||||||
11 | Trust Company having trust
authority in the State of Illinois.
| ||||||
12 | Upon the approval of the sworn application and financial | ||||||
13 | statement,
security, indemnity or bond or amount of insurance, | ||||||
14 | filed, furnished or
carried, as the case may be, the Commission | ||||||
15 | shall send to the employer
written notice of its approval | ||||||
16 | thereof. The certificate of compliance
by the employer with the | ||||||
17 | provisions of subparagraphs (2) and (3) of
paragraph (a) of | ||||||
18 | this Section shall be delivered by the insurance
carrier to the | ||||||
19 | Illinois Workers' Compensation Commission within five days | ||||||
20 | after the
effective date of the policy so certified. The | ||||||
21 | insurance so certified
shall cover all compensation liability | ||||||
22 | occurring during the time that
the insurance is in effect and | ||||||
23 | no further certificate need be filed in case
such insurance is | ||||||
24 | renewed, extended or otherwise continued by such
carrier. The | ||||||
25 | insurance so certified shall not be cancelled or in the
event | ||||||
26 | that such insurance is not renewed, extended or otherwise
| ||||||
27 | continued, such insurance shall not be terminated until at | ||||||
28 | least 10
days after receipt by the Illinois Workers' | ||||||
29 | Compensation Commission of notice of the
cancellation or | ||||||
30 | termination of said insurance; provided, however, that
if the | ||||||
31 | employer has secured insurance from another insurance carrier, | ||||||
32 | or
has otherwise secured the payment of compensation in | ||||||
33 | accordance with
this Section, and such insurance or other | ||||||
34 | security becomes effective
prior to the expiration of the 10 |
| |||||||
| |||||||
1 | days, cancellation or termination may, at
the option of the | ||||||
2 | insurance carrier indicated in such notice, be effective
as of | ||||||
3 | the effective date of such other insurance or security.
| ||||||
4 | (c) Whenever the Commission shall find that any | ||||||
5 | corporation,
company, association, aggregation of individuals, | ||||||
6 | reciprocal or
interinsurers exchange, or other insurer | ||||||
7 | effecting workers' compensation
insurance in this State shall | ||||||
8 | be insolvent, financially unsound, or
unable to fully meet all | ||||||
9 | payments and liabilities assumed or to be
assumed for | ||||||
10 | compensation insurance in this State, or shall practice a
| ||||||
11 | policy of delay or unfairness toward employees in the | ||||||
12 | adjustment,
settlement, or payment of benefits due such | ||||||
13 | employees, the Commission
may after reasonable notice and | ||||||
14 | hearing order and direct that such
corporation, company, | ||||||
15 | association, aggregation of individuals,
reciprocal or | ||||||
16 | interinsurers exchange, or insurer, shall from and after a
date | ||||||
17 | fixed in such order discontinue the writing of any such | ||||||
18 | workers'
compensation insurance in this State. Subject to such | ||||||
19 | modification of
the order as the Commission may later make on | ||||||
20 | review of the order,
as herein provided, it shall thereupon be | ||||||
21 | unlawful for any such
corporation, company, association, | ||||||
22 | aggregation of individuals,
reciprocal or interinsurers | ||||||
23 | exchange, or insurer to effect any workers'
compensation | ||||||
24 | insurance in this State. A copy of the order shall be served
| ||||||
25 | upon the Director of Insurance by registered mail. Whenever the | ||||||
26 | Commission
finds that any service or adjustment company used or | ||||||
27 | employed
by a self-insured employer or by an insurance carrier | ||||||
28 | to process,
adjust, investigate, compromise or otherwise | ||||||
29 | handle claims under this
Act, has practiced or is practicing a | ||||||
30 | policy of delay or unfairness
toward employees in the | ||||||
31 | adjustment, settlement or payment of benefits
due such | ||||||
32 | employees, the Commission may after reasonable notice and
| ||||||
33 | hearing order and direct that such service or adjustment | ||||||
34 | company shall
from and after a date fixed in such order be |
| |||||||
| |||||||
1 | prohibited from processing,
adjusting, investigating, | ||||||
2 | compromising or otherwise handling claims
under this Act.
| ||||||
3 | Whenever the Commission finds that any self-insured | ||||||
4 | employer has
practiced or is practicing delay or unfairness | ||||||
5 | toward employees in the
adjustment, settlement or payment of | ||||||
6 | benefits due such employees, the
Commission may, after | ||||||
7 | reasonable notice and hearing, order and direct
that after a | ||||||
8 | date fixed in the order such self-insured employer shall be
| ||||||
9 | disqualified to operate as a self-insurer and shall be required | ||||||
10 | to
insure his entire liability to pay compensation in some | ||||||
11 | insurance
carrier authorized, licensed and permitted to do such | ||||||
12 | insurance business
in this State, as provided in subparagraph 3 | ||||||
13 | of paragraph (a) of this
Section.
| ||||||
14 | All orders made by the Commission under this Section shall | ||||||
15 | be subject
to review by the courts, said review to be taken in | ||||||
16 | the same manner and
within the same time as provided by Section | ||||||
17 | 19 of this Act for review of
awards and decisions of the | ||||||
18 | Commission, upon the party seeking the
review filing with the | ||||||
19 | clerk of the court to which said review is taken
a bond in an | ||||||
20 | amount to be fixed and approved by the court to which the
| ||||||
21 | review is taken, conditioned upon the payment of all | ||||||
22 | compensation awarded
against the person taking said review | ||||||
23 | pending a decision thereof and
further conditioned upon such | ||||||
24 | other obligations as the court may impose.
Upon the review the | ||||||
25 | Circuit Court shall have power to review all questions
of fact | ||||||
26 | as well as of law. The penalty hereinafter provided for in this
| ||||||
27 | paragraph shall not attach and shall not begin to run until the | ||||||
28 | final
determination of the order of the Commission.
| ||||||
29 | (d) Whenever a panel of 3 Commissioners comprised of one | ||||||
30 | member of the employing class, one member of the employee | ||||||
31 | class, and one member not identified with either the employing | ||||||
32 | or employee class, with due process and after a hearing, | ||||||
33 | determines an employer has knowingly failed to provide coverage | ||||||
34 | as required by paragraph (a) of this Section, the failure shall |
| |||||||
| |||||||
1 | be deemed an immediate serious danger to public health, safety, | ||||||
2 | and welfare sufficient to justify service by the Commission of | ||||||
3 | a work-stop order on such employer, requiring the cessation of | ||||||
4 | all business operations of such employer at the place of | ||||||
5 | employment or job site. Any law enforcement agency in the State | ||||||
6 | shall, at the request of the Commission, render any assistance | ||||||
7 | necessary to carry out the provisions of this Section, | ||||||
8 | including, but not limited to, preventing any employee of such | ||||||
9 | employer from remaining at a place of employment or job site | ||||||
10 | after a work-stop order has taken effect. Any work-stop order | ||||||
11 | shall be lifted upon proof of insurance as required by this | ||||||
12 | Act. Any orders under this Section are appealable under Section | ||||||
13 | 19(f) to the Circuit Court.
| ||||||
14 | Any individual employer, corporate officer or director of a | ||||||
15 | corporate employer, partner of an employer partnership, or | ||||||
16 | member of an employer limited liability company who knowingly | ||||||
17 | fails to provide coverage as required by paragraph (a) of this | ||||||
18 | Section is guilty of a Class 4 felony. This provision shall not | ||||||
19 | apply to any corporate officer or director of any | ||||||
20 | publicly-owned corporation. Each day's violation constitutes a | ||||||
21 | separate offense. The State's Attorney of the county in which | ||||||
22 | the violation occurred, or the Attorney General, shall bring | ||||||
23 | such actions in the name of the People of the State of | ||||||
24 | Illinois, or may, in addition to other remedies provided in | ||||||
25 | this Section, bring an action for an injunction to restrain the | ||||||
26 | violation or to enjoin the operation of any such employer.
| ||||||
27 | Any individual employer, corporate officer or director of a | ||||||
28 | corporate employer, partner of an employer partnership, or | ||||||
29 | member of an employer limited liability company who negligently | ||||||
30 | fails to provide coverage as required by paragraph (a) of this | ||||||
31 | Section is guilty of a Class A misdemeanor. This provision | ||||||
32 | shall not apply to any corporate officer or director of any | ||||||
33 | publicly-owned corporation. Each day's violation constitutes a | ||||||
34 | separate offense. The State's Attorney of the county in which |
| |||||||
| |||||||
1 | the violation occurred, or the Attorney General, shall bring | ||||||
2 | such actions in the name of the People of the State of | ||||||
3 | Illinois.
| ||||||
4 | The criminal penalties in this subsection (d) shall not | ||||||
5 | apply where
there exists a good faith dispute as to the | ||||||
6 | existence of an
employment relationship. Evidence of good faith | ||||||
7 | shall
include, but not be limited to, compliance with the | ||||||
8 | definition
of employee as used by the Internal Revenue Service.
| ||||||
9 | Employers who are subject to and who knowingly fail to | ||||||
10 | comply with this Section shall not be entitled to the benefits | ||||||
11 | of this Act during the period of noncompliance, but shall be | ||||||
12 | liable in an action under any other applicable law of this | ||||||
13 | State. In the action, such employer shall not avail himself or | ||||||
14 | herself of the defenses of assumption of risk or negligence or | ||||||
15 | that the injury was due to a co-employee. In the action, proof | ||||||
16 | of the injury shall constitute prima facie evidence of | ||||||
17 | negligence on the part of such employer and the burden shall be | ||||||
18 | on such employer to show freedom of negligence resulting in the | ||||||
19 | injury. The employer shall not join any other defendant in any | ||||||
20 | such civil action. Nothing in this amendatory Act of the 94th | ||||||
21 | General Assembly shall affect the employee's rights under | ||||||
22 | subdivision (a)3 of Section 1 of this Act. Any employer or | ||||||
23 | carrier who makes payments under subdivision (a)3 of Section 1 | ||||||
24 | of this Act shall have a right of reimbursement from the | ||||||
25 | proceeds of any recovery under this Section.
| ||||||
26 | An employee of an uninsured employer, or the employee's | ||||||
27 | dependents in case death ensued, may, instead of proceeding | ||||||
28 | against the employer in a civil action in court, file an | ||||||
29 | application for adjustment of claim with the Commission in | ||||||
30 | accordance with the provisions of this Act and the Commission | ||||||
31 | shall hear and determine the application for adjustment of | ||||||
32 | claim in the manner in which other claims are heard and | ||||||
33 | determined before the Commission.
| ||||||
34 | All proceedings under this subsection (d) shall be reported |
| |||||||
| |||||||
1 | on an annual basis to the Workers' Compensation Advisory Board.
| ||||||
2 | Upon a finding by the Commission, after reasonable notice | ||||||
3 | and
hearing, of the knowing and wilful failure or refusal of an | ||||||
4 | employer to
comply with
any of the provisions of paragraph (a) | ||||||
5 | of this Section or the failure or
refusal of an employer, | ||||||
6 | service or adjustment company, or an insurance
carrier to | ||||||
7 | comply with any order of the Illinois Workers' Compensation | ||||||
8 | Commission pursuant to
paragraph (c) of this Section | ||||||
9 | disqualifying him or her to operate as a self
insurer and | ||||||
10 | requiring him or her to insure his or her liability, the
| ||||||
11 | Commission may assess a civil penalty of up to $500 per day for | ||||||
12 | each day of
such failure or refusal after the effective date of | ||||||
13 | this amendatory Act of
1989. The minimum penalty under this | ||||||
14 | Section shall be the sum of $10,000.
Each day of such failure | ||||||
15 | or refusal shall constitute a separate offense.
The Commission | ||||||
16 | may assess the civil penalty personally and individually
| ||||||
17 | against the corporate officers and directors of a corporate | ||||||
18 | employer, the
partners of an employer partnership, and the | ||||||
19 | members of an employer limited
liability company, after a | ||||||
20 | finding of a knowing and willful refusal or failure
of each | ||||||
21 | such named corporate officer, director, partner, or member to | ||||||
22 | comply
with this Section. The liability for the assessed | ||||||
23 | penalty shall be
against the named employer first, and
if the | ||||||
24 | named employer fails or refuses to pay the penalty to the
| ||||||
25 | Commission within 30 days after the final order of the | ||||||
26 | Commission, then the
named
corporate officers, directors, | ||||||
27 | partners, or members who have been found to have
knowingly and | ||||||
28 | willfully refused or failed to comply with this Section shall | ||||||
29 | be
liable for the unpaid penalty or any unpaid portion of the | ||||||
30 | penalty. Upon investigation by the insurance non-compliance | ||||||
31 | unit of the Commission, the Attorney General shall have the | ||||||
32 | authority to prosecute all proceedings to enforce the civil and | ||||||
33 | administrative provisions of this Section before the | ||||||
34 | Commission. The Commission shall promulgate procedural rules |
| |||||||
| |||||||
1 | for enforcing this Section.
| ||||||
2 | Upon the failure or refusal of any employer, service or | ||||||
3 | adjustment
company or insurance carrier to comply with the | ||||||
4 | provisions of this Section
and with the orders of the | ||||||
5 | Commission under this Section, or the order of
the court on | ||||||
6 | review after final adjudication, the Commission may bring a
| ||||||
7 | civil action to recover the amount of the penalty in Cook | ||||||
8 | County or in
Sangamon County in which litigation the Commission | ||||||
9 | shall be represented by
the Attorney General. The Commission | ||||||
10 | shall send notice of its finding of
non-compliance and | ||||||
11 | assessment of the civil penalty to the Attorney General.
It | ||||||
12 | shall be the duty of the Attorney General within 30 days after | ||||||
13 | receipt
of the notice, to institute prosecutions and promptly | ||||||
14 | prosecute all
reported violations of this Section.
| ||||||
15 | Any individual employer, corporate officer or director of a | ||||||
16 | corporate employer, partner of an employer partnership, or | ||||||
17 | member of an employer limited liability company who, with the | ||||||
18 | intent to avoid payment of compensation under this Act to an | ||||||
19 | injured employee or the employee's dependents, knowingly | ||||||
20 | transfers, sells, encumbers, assigns, or in any manner disposes | ||||||
21 | of, conceals, secretes, or destroys any property belonging to | ||||||
22 | the employer, officer, director, partner, or member is guilty | ||||||
23 | of a Class 4 felony.
| ||||||
24 | Penalties and fines collected pursuant to this paragraph | ||||||
25 | (d) shall be deposited upon receipt into a special fund which | ||||||
26 | shall be designated the Injured Workers' Benefit Fund, of which | ||||||
27 | the State Treasurer is ex-officio custodian, such special fund | ||||||
28 | to be held and disbursed in accordance with this paragraph (d) | ||||||
29 | for the purposes hereinafter stated in this paragraph (d), upon | ||||||
30 | the final order of the Commission. The Injured Workers' Benefit | ||||||
31 | Fund shall be deposited the same as are State funds and any | ||||||
32 | interest accruing thereon shall be added thereto every 6 | ||||||
33 | months. The Injured Workers' Benefit Fund is subject to audit | ||||||
34 | the same as State funds and accounts and is protected by the |
| |||||||
| |||||||
1 | general bond given by the State Treasurer. The Injured Workers' | ||||||
2 | Benefit Fund is considered always appropriated for the purposes | ||||||
3 | of disbursements as provided in this paragraph, and shall be | ||||||
4 | paid out and disbursed as herein provided and shall not at any | ||||||
5 | time be appropriated or diverted to any other use or purpose. | ||||||
6 | Moneys in the Injured Workers' Benefit Fund shall be used only | ||||||
7 | for payment of workers' compensation benefits for injured | ||||||
8 | employees when the employer has failed to provide coverage as | ||||||
9 | determined under this paragraph (d) and has failed to pay the | ||||||
10 | benefits due to the injured employee. The Commission shall have | ||||||
11 | the right to obtain reimbursement from the employer for | ||||||
12 | compensation obligations paid by the Injured Workers' Benefit | ||||||
13 | Fund. Any such amounts obtained shall be deposited by the | ||||||
14 | Commission into the Injured Workers' Benefit Fund. If an | ||||||
15 | injured employee or his or her personal representative receives | ||||||
16 | payment from the Injured Workers' Benefit Fund, the State of | ||||||
17 | Illinois has the same rights under paragraph (b) of Section 5 | ||||||
18 | that the employer who failed to pay the benefits due to the | ||||||
19 | injured employee would have had if the employer had paid those | ||||||
20 | benefits, and any moneys recovered by the State as a result of | ||||||
21 | the State's exercise of its rights under paragraph (b) of | ||||||
22 | Section 5 shall be deposited into the Injured Workers' Benefit | ||||||
23 | Fund. The custodian of the Injured Workers' Benefit Fund shall | ||||||
24 | be joined with the employer as a party respondent in the | ||||||
25 | application for adjustment of claim. After July 1, 2006, the | ||||||
26 | Commission shall make disbursements from the Fund once each | ||||||
27 | year to each eligible claimant. An eligible claimant is an | ||||||
28 | injured worker who has within the previous fiscal year obtained | ||||||
29 | a final award for benefits from the Commission against the | ||||||
30 | employer and the Injured Workers' Benefit Fund and has notified | ||||||
31 | the Commission within 90 days of receipt of such award. Within | ||||||
32 | a reasonable time after the end of each fiscal year, the | ||||||
33 | Commission shall make a disbursement to each eligible claimant. | ||||||
34 | At the time of disbursement, if there are insufficient moneys |
| |||||||
| |||||||
1 | in the Fund to pay all claims, each eligible claimant shall | ||||||
2 | receive a pro-rata share, as determined by the Commission, of | ||||||
3 | the available moneys in the Fund for that year. Payment from | ||||||
4 | the Injured Workers' Benefit Fund to an eligible claimant | ||||||
5 | pursuant to this provision shall discharge the obligations of | ||||||
6 | the Injured Workers' Benefit Fund regarding the award entered | ||||||
7 | by the Commission.
| ||||||
8 | (e) This Act shall not affect or disturb the continuance of | ||||||
9 | any
existing insurance, mutual aid, benefit, or relief | ||||||
10 | association or
department, whether maintained in whole or in | ||||||
11 | part by the employer or
whether maintained by the employees, | ||||||
12 | the payment of benefits of such
association or department being | ||||||
13 | guaranteed by the employer or by some
person, firm or | ||||||
14 | corporation for him or her: Provided, the employer contributes
| ||||||
15 | to such association or department an amount not less than the | ||||||
16 | full
compensation herein provided, exclusive of the cost of the | ||||||
17 | maintenance
of such association or department and without any | ||||||
18 | expense to the
employee. This Act shall not prevent the | ||||||
19 | organization and maintaining
under the insurance laws of this | ||||||
20 | State of any benefit or insurance
company for the purpose of | ||||||
21 | insuring against the compensation provided
for in this Act, the | ||||||
22 | expense of which is maintained by the employer.
This Act shall | ||||||
23 | not prevent the organization or maintaining under the
insurance | ||||||
24 | laws of this State of any voluntary mutual aid, benefit or
| ||||||
25 | relief association among employees for the payment of | ||||||
26 | additional
accident or sick benefits.
| ||||||
27 | (f) No existing insurance, mutual aid, benefit or relief | ||||||
28 | association
or department shall, by reason of anything herein | ||||||
29 | contained, be
authorized to discontinue its operation without | ||||||
30 | first discharging its
obligations to any and all persons | ||||||
31 | carrying insurance in the same or
entitled to relief or | ||||||
32 | benefits therein.
| ||||||
33 | (g) Any contract, oral, written or implied, of employment | ||||||
34 | providing
for relief benefit, or insurance or any other device |
| |||||||
| |||||||
1 | whereby the
employee is required to pay any premium or premiums | ||||||
2 | for insurance
against the compensation provided for in this Act | ||||||
3 | shall be null and
void. Any employer withholding from the wages | ||||||
4 | of any employee any
amount for the purpose of paying any such | ||||||
5 | premium shall be guilty of a
Class B misdemeanor.
| ||||||
6 | In the event the employer does not pay the compensation for | ||||||
7 | which he or
she is liable, then an insurance company, | ||||||
8 | association or insurer which may
have insured such employer | ||||||
9 | against such liability shall become primarily
liable to pay to | ||||||
10 | the employee, his or her personal representative or
beneficiary | ||||||
11 | the compensation required by the provisions of this Act to
be | ||||||
12 | paid by such employer. The insurance carrier may be made a | ||||||
13 | party to
the proceedings in which the employer is a party and | ||||||
14 | an award may be
entered jointly against the employer and the | ||||||
15 | insurance carrier.
| ||||||
16 | (h) It shall be unlawful for any employer, insurance | ||||||
17 | company or
service or adjustment company to interfere with, | ||||||
18 | restrain or coerce an
employee in any manner whatsoever in the | ||||||
19 | exercise of the rights or
remedies granted to him or her by | ||||||
20 | this Act or to discriminate, attempt to
discriminate, or | ||||||
21 | threaten to discriminate against an employee in any way
because | ||||||
22 | of his or her exercise of the rights or remedies granted to
him | ||||||
23 | or her by this Act.
| ||||||
24 | It shall be unlawful for any employer, individually or | ||||||
25 | through any
insurance company or service or adjustment company, | ||||||
26 | to discharge or to
threaten to discharge, or to refuse to | ||||||
27 | rehire or recall to active
service in a suitable capacity an | ||||||
28 | employee because of the exercise of
his or her rights or | ||||||
29 | remedies granted to him or her by this Act.
| ||||||
30 | (i) If an employer elects to obtain a life insurance policy | ||||||
31 | on his
employees, he may also elect to apply such benefits in | ||||||
32 | satisfaction of all
or a portion of the death benefits payable | ||||||
33 | under this Act, in which case,
the employer's compensation | ||||||
34 | premium shall be reduced accordingly.
|
| |||||||
| |||||||
1 | (j) Within 45 days of receipt of an initial application or | ||||||
2 | application
to renew self-insurance privileges the | ||||||
3 | Self-Insurers Advisory Board shall
review and submit for | ||||||
4 | approval by the Chairman of the Commission
recommendations of | ||||||
5 | disposition of all initial applications to self-insure
and all | ||||||
6 | applications to renew self-insurance privileges filed by | ||||||
7 | private
self-insurers pursuant to the provisions of this | ||||||
8 | Section and Section 4a-9
of this Act. Each private self-insurer | ||||||
9 | shall submit with its initial and
renewal applications the | ||||||
10 | application fee required by Section 4a-4 of this Act.
| ||||||
11 | The Chairman of the Commission shall promptly act upon all | ||||||
12 | initial
applications and applications for renewal in full | ||||||
13 | accordance with the
recommendations of the Board or, should the | ||||||
14 | Chairman disagree with any
recommendation of disposition of the | ||||||
15 | Self-Insurer's Advisory Board, he
shall within 30 days of | ||||||
16 | receipt of such recommendation provide to the Board
in writing | ||||||
17 | the reasons supporting his decision. The Chairman shall also
| ||||||
18 | promptly notify the employer of his decision within 15 days of | ||||||
19 | receipt of
the recommendation of the Board.
| ||||||
20 | If an employer is denied a renewal of self-insurance | ||||||
21 | privileges pursuant
to application it shall retain said | ||||||
22 | privilege for 120 days after receipt of
a notice of | ||||||
23 | cancellation of the privilege from the Chairman of the | ||||||
24 | Commission.
| ||||||
25 | All orders made by the Chairman under this Section shall be | ||||||
26 | subject to
review by the courts, such review to be taken in the | ||||||
27 | same manner and within
the same time as provided by subsection | ||||||
28 | (f) of Section 19 of this Act for
review of awards and | ||||||
29 | decisions of the Commission, upon the party seeking
the review | ||||||
30 | filing with the clerk of the court to which such review is | ||||||
31 | taken
a bond in an amount to be fixed and approved by the court | ||||||
32 | to which the
review is taken, conditioned upon the payment of | ||||||
33 | all compensation awarded
against the person taking such review | ||||||
34 | pending a decision thereof and
further conditioned upon such |
| |||||||
| |||||||
1 | other obligations as the court may impose.
Upon the review the | ||||||
2 | Circuit Court shall have power to review all questions
of fact | ||||||
3 | as well as of law.
| ||||||
4 | (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)
| ||||||
5 | ARTICLE 10. STATE POLICE VEHICLES | ||||||
6 | Section 10-5. If and only if Senate Bill 1089 of the 94th | ||||||
7 | General Assembly becomes law in the form in which it appears in | ||||||
8 | the engrossed bill, the State Finance Act is amended by adding | ||||||
9 | Section 5.664 as follows: | ||||||
10 | (30 ILCS 105/5.664 new)
| ||||||
11 | Sec. 5.664. The State Police Vehicle Maintenance Fund.
| ||||||
12 | Section 10-10. If and only if Senate Bill 1089 of the 94th | ||||||
13 | General Assembly becomes law in the form in which it appears in | ||||||
14 | the engrossed bill, the State Property Control Act is amended | ||||||
15 | by changing Section 7b and by adding Section 7c as follows:
| ||||||
16 | (30 ILCS 605/7b)
| ||||||
17 | Sec. 7b. Maintenance and operation of State Police | ||||||
18 | vehicles. All proceeds received by the Department
of Central | ||||||
19 | Management Services under this Act from the sale of vehicles
| ||||||
20 | operated
by the Department of State Police, except for a $500 | ||||||
21 | handling fee
to be
retained by the Department of Central | ||||||
22 | Management Services for each vehicle
sold, shall be deposited
| ||||||
23 | into the State Police Vehicle Maintenance Fund.
However, in | ||||||
24 | lieu of the $500 handling fee as provided by this paragraph, | ||||||
25 | the
Department of Central
Management Services shall retain all | ||||||
26 | proceeds from the sale of any vehicle for
which $500 or a | ||||||
27 | lesser amount is collected.
| ||||||
28 | The State Police Vehicle Maintenance Fund is created as a | ||||||
29 | special fund in the
State treasury. All moneys in the State |
| |||||||
| |||||||
1 | Police Vehicle Maintenance Fund, subject to
appropriation, | ||||||
2 | shall be used by the Department of State Police for the | ||||||
3 | maintenance and operation
acquisition of vehicles for
that | ||||||
4 | Department.
| ||||||
5 | (Source: P.A. 89-54, eff. 6-30-95.)
| ||||||
6 | (30 ILCS 605/7c new) | ||||||
7 | Sec. 7c. Acquisition of State Police vehicles. The State | ||||||
8 | Police Vehicle Fund is created as a special fund in the State | ||||||
9 | treasury. The Fund shall consist of fees received pursuant to | ||||||
10 | Section 16-104c of the Illinois Vehicle Code. All moneys in the | ||||||
11 | Fund, subject to appropriation, shall be used by the Department | ||||||
12 | of State Police: | ||||||
13 | (1) for the acquisition of vehicles for that | ||||||
14 | Department; or | ||||||
15 | (2) for debt service on bonds issued to finance the | ||||||
16 | acquisition of vehicles for that Department. | ||||||
17 | ARTICLE 15. TRANSIT AUTHORITY PENSION FUNDING | ||||||
18 | Section 15-5. The Illinois Pension Code is amended by | ||||||
19 | changing Section 22-101 and adding Section 22-103 as follows:
| ||||||
20 | (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
| ||||||
21 | Sec. 22-101. Metropolitan Transit Authority (CTA) Pension | ||||||
22 | Fund. | ||||||
23 | (a) There shall be established and maintained by the | ||||||
24 | Authority created by
the "Metropolitan Transit Authority Act", | ||||||
25 | approved April 12, 1945, as
amended, a financially sound | ||||||
26 | pension and retirement system adequate to
provide for all | ||||||
27 | payments when due under such established system or as
modified | ||||||
28 | from time to time by ordinance of the Chicago Transit Board. | ||||||
29 | For
this purpose, both the Board must make contributions to the | ||||||
30 | established system as required under this Section and may make |
| |||||||
| |||||||
1 | any additional contributions provided for by Board ordinance or | ||||||
2 | collective bargaining agreement. The
and the participating | ||||||
3 | employees shall make
such periodic payments to the established | ||||||
4 | system as may be determined by
Board
such ordinance or | ||||||
5 | collective bargaining agreement . The Board, in lieu of social | ||||||
6 | security payments required to
be paid by private corporations | ||||||
7 | engaged in similar activity, shall make
payments into such | ||||||
8 | established system at least equal in amount to the
amount so | ||||||
9 | required to be paid by such private corporations. | ||||||
10 | Provisions
shall be made by the Board for all Board | ||||||
11 | members, officers and employees of
the Authority appointed | ||||||
12 | pursuant to the "Metropolitan Transit Authority
Act" to become, | ||||||
13 | subject to reasonable rules and regulations, members or
| ||||||
14 | beneficiaries of the pension or retirement system with uniform | ||||||
15 | rights,
privileges, obligations and status as to the class in | ||||||
16 | which such officers
and employees belong. The terms, conditions | ||||||
17 | and provisions of any pension
or retirement system or of any | ||||||
18 | amendment or modification thereof affecting
employees who are | ||||||
19 | members of any labor organization may be established,
amended | ||||||
20 | or modified by agreement with such labor organization , but must | ||||||
21 | be consistent with the requirements of this Section .
| ||||||
22 | (b) Beginning January 1, 2009, the Authority shall make | ||||||
23 | contributions to the retirement system in an amount which, | ||||||
24 | together with the contributions of participants, interest | ||||||
25 | earned on investments, and other income, will meet the cost of | ||||||
26 | maintaining and administering the retirement plan in | ||||||
27 | accordance with applicable actuarial recommendations and | ||||||
28 | assumptions and the requirements of this Section. These | ||||||
29 | contributions may be paid on a payroll or other periodic basis, | ||||||
30 | but shall in any case be paid at least monthly. | ||||||
31 | For retirement system fiscal years 2009 through 2058, the | ||||||
32 | minimum contribution to the retirement system to be made by the | ||||||
33 | Authority for each fiscal year shall be an amount determined | ||||||
34 | jointly by the Authority and the trustee of the retirement |
| |||||||
| |||||||
1 | system to be sufficient to bring the total assets of the | ||||||
2 | retirement system up to 90% of its total actuarial liabilities | ||||||
3 | by the end of fiscal year 2058. In making these determinations, | ||||||
4 | the required Authority contribution shall be calculated each | ||||||
5 | year as a level percentage of payroll over the years remaining | ||||||
6 | to and including fiscal year 2058 and shall be determined under | ||||||
7 | the projected unit credit actuarial cost method. Beginning in | ||||||
8 | retirement system fiscal year 2059, the minimum Authority | ||||||
9 | contribution for each fiscal year shall be the amount needed to | ||||||
10 | maintain the total assets of the retirement system at 90% of | ||||||
11 | the total actuarial liabilities of the system. | ||||||
12 | For purposes of determining employer contributions and | ||||||
13 | actuarial liabilities under this subsection, contributions and | ||||||
14 | liabilities relating to health care benefits shall not be | ||||||
15 | included. As used in this Section, "retirement system fiscal | ||||||
16 | year" means the calendar year, or such other plan year as may | ||||||
17 | be defined from time to time in the agreement known as the | ||||||
18 | Retirement Plan for Chicago Transit Authority Employees, or its | ||||||
19 | successor agreement.
| ||||||
20 | (c) The Authority and the trustee shall jointly certify to | ||||||
21 | the Governor, the General Assembly, and the Board of the | ||||||
22 | Regional Transportation Authority on or before November 15 of | ||||||
23 | 2008 and of each year thereafter the amount of the required | ||||||
24 | Authority contributions to the retirement system for the next | ||||||
25 | retirement system fiscal year under subsection (b). The | ||||||
26 | certification shall include a copy of the actuarial | ||||||
27 | recommendations upon which it is based. In addition, copies of | ||||||
28 | the certification shall be sent to the Commission on Government | ||||||
29 | Forecasting and Accountability, the Mayor of Chicago, the | ||||||
30 | Chicago City Council, and the Cook County Board. | ||||||
31 | (d) The Authority shall take all actions lawfully available | ||||||
32 | to it to separate the funding of health care benefits for | ||||||
33 | retirees and their dependents and survivors from the funding | ||||||
34 | for its retirement system. The Authority shall endeavor to |
| |||||||
| |||||||
1 | achieve this separation as soon as possible, and in any event | ||||||
2 | no later than January 1, 2009.
| ||||||
3 | (e) This amendatory Act of the 94th General Assembly does | ||||||
4 | not affect or impair the right of either the Authority or its | ||||||
5 | employees to collectively bargain the amount or level of | ||||||
6 | employee contributions to the retirement system.
| ||||||
7 | (Source: Laws 1963, p. 161.)
| ||||||
8 | (40 ILCS 5/22-103 new)
| ||||||
9 | Sec. 22-103. Regional Transportation Authority and related | ||||||
10 | pension plans. | ||||||
11 | (a) As used in this Section: | ||||||
12 | "Affected pension plan" means a defined-benefit pension | ||||||
13 | plan supported in whole or in part by employer contributions | ||||||
14 | and maintained by the Regional Transportation Authority, the | ||||||
15 | Suburban Bus Division, or the Commuter Rail Division, or any | ||||||
16 | combination thereof, under the general authority of the | ||||||
17 | Regional Transportation Authority Act, including but not | ||||||
18 | limited to any such plan that has been established under or is | ||||||
19 | subject to a collective bargaining agreement or is limited to | ||||||
20 | employees covered by a collective bargaining agreement. | ||||||
21 | "Affected pension plan" does not include any pension fund or | ||||||
22 | retirement system subject to Section 22-101 of this Section. | ||||||
23 | "Authority" means the Regional Transportation Authority | ||||||
24 | created under
the Regional Transportation Authority Act.
| ||||||
25 | "Contributing employer" means an employer that is required | ||||||
26 | to make contributions to an affected pension plan under the | ||||||
27 | terms of that plan. | ||||||
28 | "Funding ratio" means the ratio of an affected pension | ||||||
29 | plan's assets to the present value of its actuarial | ||||||
30 | liabilities, as determined at its latest actuarial valuation in | ||||||
31 | accordance with applicable actuarial assumptions and | ||||||
32 | recommendations.
| ||||||
33 | "Under-funded pension plan" or "under-funded" means an |
| |||||||
| |||||||
1 | affected pension plan that, at the time of its last actuarial | ||||||
2 | valuation, has a funding ratio of less than 90%.
| ||||||
3 | (b) The contributing employers of each affected pension | ||||||
4 | plan have a general duty to make the required employer | ||||||
5 | contributions to the affected pension plan in a timely manner | ||||||
6 | in accordance with the terms of the plan. A contributing | ||||||
7 | employer must make contributions to the affected pension plan | ||||||
8 | as required under this subsection and, if applicable, | ||||||
9 | subsection (c); a contributing employer may make any additional | ||||||
10 | contributions provided for by the board of the employer or | ||||||
11 | collective bargaining agreement. | ||||||
12 | (c) In the case of an affected pension plan that is | ||||||
13 | under-funded on January 1, 2009 or becomes under-funded at any | ||||||
14 | time after that date, the contributing employers shall | ||||||
15 | contribute to the affected pension plan, in addition to all | ||||||
16 | amounts otherwise required, amounts sufficient to bring the | ||||||
17 | funding ratio of the affected pension plan up to 90% in | ||||||
18 | accordance with an amortization schedule adopted jointly by the | ||||||
19 | contributing employers and the trustee of the affected pension | ||||||
20 | plan. The amortization schedule may extend for any period up to | ||||||
21 | a maximum of 50 years and shall provide for additional employer | ||||||
22 | contributions in substantially equal annual amounts over the | ||||||
23 | selected period. If the contributing employers and the trustee | ||||||
24 | of the affected pension plan do not agree on an appropriate | ||||||
25 | period for the amortization schedule within 6 months of the | ||||||
26 | date of determination that the plan is under-funded, then the | ||||||
27 | amortization schedule shall be based on a period of 50 years. | ||||||
28 | In the case of an affected pension plan that has more than | ||||||
29 | one contributing employer, each contributing employer's share | ||||||
30 | of the total additional employer contributions required under | ||||||
31 | this subsection shall be determined: (i) in proportion to the | ||||||
32 | amounts, if any, by which the respective contributing employers | ||||||
33 | have failed to meet their contribution obligations under the | ||||||
34 | terms of the affected pension plan; or (ii) if all of the |
| |||||||
| |||||||
1 | contributing employers have met their contribution obligations | ||||||
2 | under the terms of the affected pension plan, then in the same | ||||||
3 | proportion as they are required to contribute under the terms | ||||||
4 | of that plan. In the case of an affected pension plan that has | ||||||
5 | only one contributing employer, that contributing employer is | ||||||
6 | responsible for all of the additional employer contributions | ||||||
7 | required under this subsection. | ||||||
8 | If an under-funded pension plan is determined to have | ||||||
9 | achieved a funding ratio of at least 90% during the period when | ||||||
10 | an amortization schedule is in force under this Section, the | ||||||
11 | contributing employers and the trustee of the affected pension | ||||||
12 | plan, acting jointly, may cancel the amortization schedule and | ||||||
13 | the contributing employers may cease making additional | ||||||
14 | contributions under this subsection for as long as the affected | ||||||
15 | pension plan retains a funding ratio of at least 90%.
| ||||||
16 | (d) Beginning January 1, 2009, if the Authority fails to | ||||||
17 | pay to an affected pension fund within 30 days after it is due | ||||||
18 | (i) any employer contribution that it is required to make as a | ||||||
19 | contributing employer, (ii) any additional employer | ||||||
20 | contribution that it is required to pay under subsection (c), | ||||||
21 | or (iii) any payment that it is required to make under Section | ||||||
22 | 4.02a or 4.02b of the Regional Transportation Authority Act, | ||||||
23 | the trustee of the affected pension fund shall promptly so | ||||||
24 | notify the Commission on Government Forecasting and | ||||||
25 | Accountability, the Mayor of Chicago, the Governor, and the | ||||||
26 | General Assembly. | ||||||
27 | (e) For purposes of determining employer contributions, | ||||||
28 | assets, and actuarial liabilities under this subsection, | ||||||
29 | contributions, assets, and liabilities relating to health care | ||||||
30 | benefits shall not be included.
| ||||||
31 | (f) This amendatory Act of the 94th General Assembly does | ||||||
32 | not affect or impair the right of any contributing employer or | ||||||
33 | its employees to collectively bargain the amount or level of | ||||||
34 | employee contributions to an affected pension plan, to the |
| |||||||
| |||||||
1 | extent that the plan includes employees subject to collective | ||||||
2 | bargaining.
| ||||||
3 | Section 15-10. The Regional Transportation Authority Act | ||||||
4 | is amended by changing Section 4.02 and by adding Sections | ||||||
5 | 4.02a and 4.02b as follows:
| ||||||
6 | (70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
| ||||||
7 | Sec. 4.02. Federal, State and Other Funds. | ||||||
8 | (a) The Authority shall have the power to apply for, | ||||||
9 | receive and expend
grants, loans or other funds from the State | ||||||
10 | of Illinois or any department
or agency thereof, from any unit | ||||||
11 | of local government, from the federal
government or any | ||||||
12 | department or agency thereof,
for use in connection with any of | ||||||
13 | the powers or purposes of the Authority
as set forth in this | ||||||
14 | Act. The Authority shall have power to make such
studies as may | ||||||
15 | be necessary and to enter into contracts or agreements with
the | ||||||
16 | State of Illinois or any department or agency thereof, with any | ||||||
17 | unit of
local government, or with the federal government or any | ||||||
18 | department or
agency thereof, concerning such grants, loans or
| ||||||
19 | other funds, or any conditions relating thereto, including | ||||||
20 | obligations to
repay such funds. The Authority may make such | ||||||
21 | covenants concerning such
grants, loans and funds as it deems | ||||||
22 | proper and necessary in carrying out
its responsibilities, | ||||||
23 | purposes and powers as provided in this Act.
| ||||||
24 | (b) The Authority shall be the primary public body in the | ||||||
25 | metropolitan
region with authority to apply for and receive any | ||||||
26 | grants, loans or other
funds relating to public transportation | ||||||
27 | programs from the State of Illinois
or any department or agency | ||||||
28 | thereof, or from the federal government or any
department or | ||||||
29 | agency thereof. Any unit of local government, Service Board
or | ||||||
30 | transportation agency may apply for and receive any such | ||||||
31 | federal
or state capital grants, loans or other funds, | ||||||
32 | provided, however that a
Service Board may not apply
for or |
| |||||||
| |||||||
1 | receive any grant or loan which is not identified in the | ||||||
2 | Five-Year Program.
Any Service Board, unit of local government | ||||||
3 | or transportation agency
shall notify the Authority prior to | ||||||
4 | making any such application and shall
file a copy thereof with | ||||||
5 | the Authority. Nothing in this Section shall be
construed to | ||||||
6 | impose any limitation on the ability of the State of Illinois
| ||||||
7 | or any department or agency thereof, any unit of local | ||||||
8 | government or Service
Board or
transportation agency to make | ||||||
9 | any grants or to enter into any agreement or
contract with the | ||||||
10 | National Rail Passenger Corporation. Nor shall anything
in this | ||||||
11 | Section impose any limitation on the ability of any school | ||||||
12 | district
to apply for or receive any grant, loan or other funds | ||||||
13 | for transportation
of school children.
| ||||||
14 | (c) The Authority shall provide to the Service Board any | ||||||
15 | monies received
relating to public transportation services | ||||||
16 | under the jurisdiction of the
Service Boards as follows:
| ||||||
17 | (1) As soon as may be practicable after the Authority | ||||||
18 | receives payment,
under Section 4.03(m) or Section | ||||||
19 | 4.03.1(d), of the proceeds of those taxes
levied by the | ||||||
20 | Authority,
the Authority shall transfer to each Service | ||||||
21 | Board the amount to which it
is entitled under Section | ||||||
22 | 4.01(d);
| ||||||
23 | (2) The Authority by ordinance adopted by 9 of its then | ||||||
24 | Directors
shall establish a formula apportioning any | ||||||
25 | federal funds for operating assistance
purposes the | ||||||
26 | Authority receives to each Service Board. In establishing | ||||||
27 | the
formula, the Board shall consider, among other factors: | ||||||
28 | ridership levels,
the efficiency with which the service is | ||||||
29 | provided, the degree of transit
dependence of the area | ||||||
30 | served and the cost of service. That portion of
any federal | ||||||
31 | funds for operating assistance received by the Authority | ||||||
32 | shall
be paid to each Service Board as soon as may be | ||||||
33 | practicable upon their receipt
provided the Authority has | ||||||
34 | adopted a balanced budget as required by Section
4.01 and |
| |||||||
| |||||||
1 | further provided that the Service Boards are in compliance | ||||||
2 | with
the requirements in Section 4.11.
| ||||||
3 | (3) The Authority by ordinance adopted by 9 of its then | ||||||
4 | Directors shall
apportion to the Service Boards funds | ||||||
5 | provided by the State of Illinois
under Section 4.09 and | ||||||
6 | shall make payment of said funds to each Service
Board as | ||||||
7 | soon as may be practicable upon their receipt provided the | ||||||
8 | Authority
has adopted a balanced budget as required by | ||||||
9 | Section 4.01 and further provided
the Service Board is in | ||||||
10 | compliance with the requirements in Section 4.11.
| ||||||
11 | (4) Beginning January 1, 2009, before making any | ||||||
12 | payments, transfers, or expenditures under this subsection | ||||||
13 | to a Service Board, the Authority must first comply with | ||||||
14 | Section 4.02a or 4.02b of this Act, whichever may be | ||||||
15 | applicable.
| ||||||
16 | (Source: P.A. 83-885; 83-886.)
| ||||||
17 | (70 ILCS 3615/4.02a new) | ||||||
18 | Sec. 4.02a. Chicago Transit Authority contributions to | ||||||
19 | pension funds.
| ||||||
20 | (a) The Authority shall continually review the Chicago | ||||||
21 | Transit Authority's payment of the required contributions to | ||||||
22 | its retirement system under Section 22-101 of the Illinois | ||||||
23 | Pension Code.
| ||||||
24 | (b) Beginning January 1, 2009, if at any time the Authority | ||||||
25 | determines that the Chicago Transit Authority's payment of any | ||||||
26 | portion of the required contributions to its retirement system | ||||||
27 | under Section 22-101 of the Illinois Pension Code is more than | ||||||
28 | one month overdue, it shall as soon as possible pay the amount | ||||||
29 | of those overdue contributions to the trustee of the retirement | ||||||
30 | system on behalf of the Chicago Transit Authority out of moneys | ||||||
31 | otherwise payable to the Chicago Transit Authority under | ||||||
32 | subsection (c) of Section 4.02 of this Act. The Authority shall | ||||||
33 | thereafter have no liability to the Chicago Transit Authority |
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1 | for amounts paid to the trustee of the retirement system under | ||||||
2 | this Section.
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3 | (c) Whenever the Authority acts or determines that it is | ||||||
4 | required to act under subsection (b), it shall so notify the | ||||||
5 | Chicago Transit Authority, the Mayor of Chicago, the Governor, | ||||||
6 | and the General Assembly.
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7 | (70 ILCS 3615/4.02b new)
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8 | Sec. 4.02b. Other contributions to pension funds. | ||||||
9 | (a) The Authority shall continually review the payment of | ||||||
10 | the required employer contributions to affected pension plans | ||||||
11 | under Section 22-103 of the Illinois Pension Code.
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12 | (b) Beginning January 1, 2009, if at any time the Authority | ||||||
13 | determines that the Commuter Rail Board's or Suburban Bus | ||||||
14 | Board's payment of any portion of the required contributions to | ||||||
15 | an affected pension plan under Section 22-103 of the Illinois | ||||||
16 | Pension Code is more than one month overdue, it shall as soon | ||||||
17 | as possible pay the amount of those overdue contributions to | ||||||
18 | the trustee of the affected pension plan on behalf of that | ||||||
19 | Service Board out of moneys otherwise payable to that Service | ||||||
20 | Board under subsection (c) of Section 4.02 of this Act. The | ||||||
21 | Authority shall thereafter have no liability to the Service | ||||||
22 | Board for amounts paid to the trustee of the affected pension | ||||||
23 | plan under this Section.
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24 | (c) Whenever the Authority acts or determines that it is | ||||||
25 | required to act under subsection (b), it shall so notify the | ||||||
26 | affected Service Board, the Mayor of Chicago, the Governor, and | ||||||
27 | the General Assembly.
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28 | (d) Beginning January 1, 2009, if the Authority fails to | ||||||
29 | pay to an affected pension fund within 30 days after it is due | ||||||
30 | any employer contribution that it is required to make as a | ||||||
31 | contributing employer under Section 22-103 of the Illinois | ||||||
32 | Pension Code, it shall promptly so notify the Commission on | ||||||
33 | Government Forecasting and Accountability, the Mayor of |
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1 | Chicago, the Governor, and the General Assembly, and it shall | ||||||
2 | promptly pay the overdue amount out of the first money | ||||||
3 | available to the Authority for its administrative expenses, as | ||||||
4 | that term is defined in Section 4.01(c). | ||||||
5 | ARTICLE 99. NO ACCELERATION; EFFECTIVE DATE | ||||||
6 | Section 99-95. No acceleration or delay. Where this Act | ||||||
7 | makes changes in a statute that is represented in this Act by | ||||||
8 | text that is not yet or no longer in effect (for example, a | ||||||
9 | Section represented by multiple versions), the use of that text | ||||||
10 | does not accelerate or delay the taking effect of (i) the | ||||||
11 | changes made by this Act or (ii) provisions derived from any | ||||||
12 | other Public Act.
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13 | Section 99-99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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