99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3440

 

Introduced 6/29/2016, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the FY2017 Stopgap Budget Implementation Act. Provides that the purpose of the Act is to make the changes in State programs that are necessary to implement the Governor's FY2017 stopgap budget recommendations. Effective immediately, except certain provisions take effect January 1, 2017.


LRB099 22296 JWD 49713 b

 

 

A BILL FOR

 

SB3440LRB099 22296 JWD 49713 b

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

 
5    Section 1-1. Short title. This Act may be cited as the
6FY2017 Stopgap Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9Governor's Fiscal Year 2017 stopgap budget recommendations.
 
10
ARTICLE 5. AMENDATORY PROVISIONS

 
11    Section 5-5. The Military Code of Illinois is amended by
12changing Section 22-3 as follows:
 
13    (20 ILCS 1805/22-3)  (from Ch. 129, par. 220.22-3)
14    Sec. 22-3. All monies received from the sale of Illinois
15National Guard facilities and lands pursuant to authority
16contained in Section 22-2, all monies received from the
17transfer or exchange of any realty under the control of the
18Department pursuant to authority contained in Section 22-5, and
19all funds received from the Federal government under terms of

 

 

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1the Federal Master Cooperative Agreement related to
2constructing and maintaining real property between the
3Department of Military Affairs and the United States Property
4and Fiscal Officer for Illinois shall be paid into the State
5Treasury without delay and shall be deposited covered into a
6special fund to be known as the Illinois National Guard
7Construction Fund. The monies in this fund shall be used
8exclusively by the Adjutant General for the purpose of
9acquiring building sites, and constructing new facilities,
10rehabilitating existing facilities, and making other capital
11improvements. The provisions directing the distributions from
12the Illinois National Guard Construction Fund provided for in
13this Section shall constitute an irrevocable and continuing
14appropriation of all amounts as provided herein. The State
15Treasurer and State Comptroller are hereby authorized and
16directed to make distributions as provided in this Section.
17Expenditures from this fund shall be subject to appropriation
18by the General Assembly and written release by the Governor.
19(Source: P.A. 97-764, eff. 7-6-12.)
 
20    (20 ILCS 1805/22-6 rep.)
21    Section 5-10. The Military Code of Illinois is amended by
22repealing Section 22-6.
 
23    Section 5-15. The State Finance Act is amended by changing
24Sections 5k, 6t, 6z-51, 8.3, and 8.25e as follows:
 

 

 

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1    (30 ILCS 105/5k)
2    Sec. 5k. Cash flow borrowing and general funds liquidity;
3FY15.
4    (a) In order to meet cash flow deficits and to maintain
5liquidity in the General Revenue Fund and the Health Insurance
6Reserve Fund, on and after July 1, 2014 and through June 30,
72015, the State Treasurer and the State Comptroller shall make
8transfers to the General Revenue Fund and the Health Insurance
9Reserve Fund, as directed by the Governor, out of special funds
10of the State, to the extent allowed by federal law. No such
11transfer may reduce the cumulative balance of all of the
12special funds of the State to an amount less than the total
13debt service payable during the 12 months immediately following
14the date of the transfer on any bonded indebtedness of the
15State and any certificates issued under the Short Term
16Borrowing Act. At no time shall the outstanding total transfers
17made from the special funds of the State to the General Revenue
18Fund and the Health Insurance Reserve Fund under this Section
19exceed $650,000,000; once the amount of $650,000,000 has been
20transferred from the special funds of the State to the General
21Revenue Fund and the Health Insurance Reserve Fund, additional
22transfers may be made from the special funds of the State to
23the General Revenue Fund and the Health Insurance Reserve Fund
24under this Section only to the extent that moneys have first
25been re-transferred from the General Revenue Fund and the

 

 

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1Health Insurance Reserve Fund to those special funds of the
2State. Notwithstanding any other provision of this Section, no
3such transfer may be made from any special fund that is
4exclusively collected by or appropriated to any other
5constitutional officer without the written approval of that
6constitutional officer.
7    (b) If moneys have been transferred to the General Revenue
8Fund and the Health Insurance Reserve Fund pursuant to
9subsection (a) of this Section, this amendatory Act of the 98th
10General Assembly shall constitute the continuing authority for
11and direction to the State Treasurer and State Comptroller to
12reimburse the funds of origin from the General Revenue Fund by
13transferring to the funds of origin, at such times and in such
14amounts as directed by the Governor when necessary to support
15appropriated expenditures from the funds, an amount equal to
16that transferred from them plus any interest that would have
17accrued thereon had the transfer not occurred, except that any
18moneys transferred pursuant to subsection (a) of this Section
19shall be repaid to the fund of origin within 18 months after
20the date on which they were borrowed. When any of the funds
21from which moneys have been transferred pursuant to subsection
22(a) have insufficient cash from which the State Comptroller may
23make expenditures properly supported by appropriations from
24the fund, then the State Treasurer and State Comptroller shall
25transfer from the General Revenue Fund to the fund only such
26amount as is immediately necessary to satisfy outstanding

 

 

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1expenditure obligations on a timely basis.
2    (c) On the first day of each quarterly period in each
3fiscal year, until such time as a report indicates that all
4moneys borrowed and interest pursuant to this Section have been
5repaid, the Governor's Office of Management and Budget shall
6provide to the President and the Minority Leader of the Senate,
7the Speaker and the Minority Leader of the House of
8Representatives, and the Commission on Government Forecasting
9and Accountability a report on all transfers made pursuant to
10this Section in the prior quarterly period. The report must be
11provided in electronic format. The report must include all of
12the following:
13        (1) The date each transfer was made.
14        (2) The amount of each transfer.
15        (3) In the case of a transfer from the General Revenue
16    Fund to a fund of origin pursuant to subsection (b) of this
17    Section, the amount of interest being paid to the fund of
18    origin.
19        (4) The end of day balance of the fund of origin, the
20    General Revenue Fund and the Health Insurance Reserve Fund
21    on the date the transfer was made.
22(Source: P.A. 98-682, eff. 6-30-14.)
 
23    (30 ILCS 105/6t)  (from Ch. 127, par. 142t)
24    Sec. 6t. The Capital Development Board Contributory Trust
25Fund is created and there shall be paid into the Capital

 

 

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1Development Board Contributory Trust Fund the monies
2contributed by and received from Public Community College
3Districts, Elementary, Secondary, and Unit School Districts,
4and Vocational Education Facilities, provided, however, no
5monies shall be required from a participating Public Community
6College District, Elementary, Secondary, or Unit School
7District, or Vocational Education Facility more than 30 days
8prior to anticipated need under the particular contract for the
9Public Community College District, Elementary, Secondary, or
10Unit School District, or Vocational Education Facility. No
11monies in any fund in the State Treasury, nor any funds under
12the control or beneficial control of any state agency,
13university, college, department, commission, board or any
14other unit of state government shall be deposited, paid into,
15or by any other means caused to be placed into the Capital
16Development Board Contributory Trust Fund, except for federal
17funds, bid bond forfeitures, and insurance proceeds as provided
18for below.
19    Except as otherwise provided in Section 22-3 of the
20Military Code of Illinois, there There shall be paid into the
21Capital Development Board Contributory Trust Fund all federal
22funds to be utilized for the construction of capital projects
23under the jurisdiction of the Capital Development Board, and
24all proceeds resulting from such federal funds. All such funds
25shall be remitted to the Capital Development Board within 10
26working days of their receipt by the receiving authority.

 

 

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1    There shall also be paid into this Fund all monies
2designated as gifts, donations or charitable contributions
3which may be contributed by an individual or entity, whether
4public or private, for a specific capital improvement project.
5    There shall also be paid into this Fund all proceeds from
6bid bond forfeitures in connection with any project formally
7bid and awarded by the Capital Development Board.
8    There shall also be paid into this Fund all builders risk
9insurance policy proceeds and all other funds recovered from
10contractors, sureties, architects, material suppliers or other
11persons contracting with the Capital Development Board for
12capital improvement projects which are received by way of
13reimbursement for losses resulting from destruction of or
14damage to capital improvement projects while under
15construction by the Capital Development Board or received by
16way of settlement agreement or court order.
17    The monies in the Capital Development Board Contributory
18Trust Fund shall be expended only for actual contracts let, and
19then only for the specific project for which funds were
20received in accordance with the judgment of the Capital
21Development Board, compatible with the duties and obligations
22of the Capital Development Board in furtherance of the specific
23capital improvement for which such funds were received.
24Contributions, insured-loss reimbursements or other funds
25received as damages through settlement or judgement for damage,
26destruction or loss of capital improvement projects shall be

 

 

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1expended for the repair of such projects; or if the projects
2have been or are being repaired before receipt of the funds,
3the funds may be used to repair other such capital improvement
4projects. Any funds not expended for a project within 36 months
5after the date received shall be paid into the General
6Obligation Bond Retirement and Interest Fund.
7    Contributions or insured-loss reimbursements not expended
8in furtherance of the project for which they were received
9within 36 months of the date received, shall be returned to the
10contributing party. Proceeds from builders risk insurance
11shall be expended only for the amelioration of damage arising
12from the incident for which the proceeds were paid to the State
13or the Capital Development Contributory Trust Fund. Any
14residual amounts remaining after the completion of such
15repairs, renovation, reconstruction or other work necessary to
16restore the capital improvement project to acceptable
17condition shall be returned to the proper fund or entity
18financing or contributing towards the cost of the capital
19improvement project. Such returns shall be made in amounts
20proportionate to the contributions made in furtherance of the
21project.
22    Any monies received as a gift, donation or charitable
23contribution for a specific capital improvement which have not
24been expended in furtherance of that project shall be returned
25to the contributing party after completion of the project or if
26the legislature fails to authorize the capital improvement.

 

 

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1    Except as otherwise provided in Section 22-3 of the
2Military Code of Illinois, the The unused portion of any
3federal funds received for a capital improvement project which
4are not contributed, upon its completion, towards the cost of
5the project, shall remain in the Capital Development Board
6Contributory Trust Fund and shall be used for capital projects
7and for no other purpose, subject to appropriation and as
8directed by the Capital Development Board.
9(Source: P.A. 97-792, eff. 1-1-13.)
 
10    (30 ILCS 105/6z-51)
11    Sec. 6z-51. Budget Stabilization Fund.
12    (a) The Budget Stabilization Fund, a special fund in the
13State Treasury, shall consist of moneys appropriated or
14transferred to that Fund, as provided in Section 6z-43 and as
15otherwise provided by law. All earnings on Budget Stabilization
16Fund investments shall be deposited into that Fund.
17    (b) The State Comptroller may direct the State Treasurer to
18transfer moneys from the Budget Stabilization Fund to the
19General Revenue Fund in order to meet cash flow deficits
20resulting from timing variations between disbursements and the
21receipt of funds within a fiscal year. Any moneys so borrowed
22in any fiscal year other than Fiscal Year 2011 shall be repaid
23by June 30 of the fiscal year in which they were borrowed. Any
24moneys so borrowed in Fiscal Year 2011 shall be repaid no later
25than July 15, 2011.

 

 

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1    (c) During Fiscal Year 2017 only, amounts may be expended
2from the Budget Stabilization Fund only pursuant to specific
3authorization by appropriation. Any moneys expended pursuant
4to appropriation shall not be subject to repayment.
5(Source: P.A. 97-44, eff. 6-28-11.)
 
6    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
7    Sec. 8.3. Money in the Road Fund shall, if and when the
8State of Illinois incurs any bonded indebtedness for the
9construction of permanent highways, be set aside and used for
10the purpose of paying and discharging annually the principal
11and interest on that bonded indebtedness then due and payable,
12and for no other purpose. The surplus, if any, in the Road Fund
13after the payment of principal and interest on that bonded
14indebtedness then annually due shall be used as follows:
15        first -- to pay the cost of administration of Chapters
16    2 through 10 of the Illinois Vehicle Code, except the cost
17    of administration of Articles I and II of Chapter 3 of that
18    Code; and
19        secondly -- for expenses of the Department of
20    Transportation for construction, reconstruction,
21    improvement, repair, maintenance, operation, and
22    administration of highways in accordance with the
23    provisions of laws relating thereto, or for any purpose
24    related or incident to and connected therewith, including
25    the separation of grades of those highways with railroads

 

 

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1    and with highways and including the payment of awards made
2    by the Illinois Workers' Compensation Commission under the
3    terms of the Workers' Compensation Act or Workers'
4    Occupational Diseases Act for injury or death of an
5    employee of the Division of Highways in the Department of
6    Transportation; or for the acquisition of land and the
7    erection of buildings for highway purposes, including the
8    acquisition of highway right-of-way or for investigations
9    to determine the reasonably anticipated future highway
10    needs; or for making of surveys, plans, specifications and
11    estimates for and in the construction and maintenance of
12    flight strips and of highways necessary to provide access
13    to military and naval reservations, to defense industries
14    and defense-industry sites, and to the sources of raw
15    materials and for replacing existing highways and highway
16    connections shut off from general public use at military
17    and naval reservations and defense-industry sites, or for
18    the purchase of right-of-way, except that the State shall
19    be reimbursed in full for any expense incurred in building
20    the flight strips; or for the operating and maintaining of
21    highway garages; or for patrolling and policing the public
22    highways and conserving the peace; or for the operating
23    expenses of the Department relating to the administration
24    of public transportation programs; or, during fiscal year
25    2012 only, for the purposes of a grant not to exceed
26    $8,500,000 to the Regional Transportation Authority on

 

 

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1    behalf of PACE for the purpose of ADA/Para-transit
2    expenses; or, during fiscal year 2013 only, for the
3    purposes of a grant not to exceed $3,825,000 to the
4    Regional Transportation Authority on behalf of PACE for the
5    purpose of ADA/Para-transit expenses; or, during fiscal
6    year 2014 only, for the purposes of a grant not to exceed
7    $3,825,000 to the Regional Transportation Authority on
8    behalf of PACE for the purpose of ADA/Para-transit
9    expenses; or, during fiscal year 2015 only, for the
10    purposes of a grant not to exceed $3,825,000 to the
11    Regional Transportation Authority on behalf of PACE for the
12    purpose of ADA/Para-transit expenses; or, during fiscal
13    year 2016 only, for the purposes of a grant not to exceed
14    $3,825,000 to the Regional Transportation Authority on
15    behalf of PACE for the purpose of ADA/Para-transit
16    expenses; or, during fiscal year 2017 only, for the
17    purposes of a grant not to exceed $3,825,000 to the
18    Regional Transportation Authority on behalf of PACE for the
19    purpose of ADA/Para-transit expenses; or for any of those
20    purposes or any other purpose that may be provided by law.
21    Appropriations for any of those purposes are payable from
22the Road Fund. Appropriations may also be made from the Road
23Fund for the administrative expenses of any State agency that
24are related to motor vehicles or arise from the use of motor
25vehicles.
26    Beginning with fiscal year 1980 and thereafter, no Road

 

 

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

 

 

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

 

 

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

 

 

SB3440- 16 -LRB099 22296 JWD 49713 b

1payment of principal and interest on that bonded indebtedness
2then annually due shall be used as follows:
3        first -- to pay the cost of administration of Chapters
4    2 through 10 of the Illinois Vehicle Code; and
5        secondly -- no Road Fund monies derived from fees,
6    excises, or license taxes relating to registration,
7    operation and use of vehicles on public highways or to
8    fuels used for the propulsion of those vehicles, shall be
9    appropriated or expended other than for costs of
10    administering the laws imposing those fees, excises, and
11    license taxes, statutory refunds and adjustments allowed
12    thereunder, administrative costs of the Department of
13    Transportation, including, but not limited to, the
14    operating expenses of the Department relating to the
15    administration of public transportation programs, payment
16    of debts and liabilities incurred in construction and
17    reconstruction of public highways and bridges, acquisition
18    of rights-of-way for and the cost of construction,
19    reconstruction, maintenance, repair, and operation of
20    public highways and bridges under the direction and
21    supervision of the State, political subdivision, or
22    municipality collecting those monies, or during fiscal
23    year 2012 only for the purposes of a grant not to exceed
24    $8,500,000 to the Regional Transportation Authority on
25    behalf of PACE for the purpose of ADA/Para-transit
26    expenses, or during fiscal year 2013 only for the purposes

 

 

SB3440- 17 -LRB099 22296 JWD 49713 b

1    of a grant not to exceed $3,825,000 to the Regional
2    Transportation Authority on behalf of PACE for the purpose
3    of ADA/Para-transit expenses, or during fiscal year 2014
4    only for the purposes of a grant not to exceed $3,825,000
5    to the Regional Transportation Authority on behalf of PACE
6    for the purpose of ADA/Para-transit expenses, or during
7    fiscal year 2015 only for the purposes of a grant not to
8    exceed $3,825,000 to the Regional Transportation Authority
9    on behalf of PACE for the purpose of ADA/Para-transit
10    expenses, or during fiscal year 2016 only for the purposes
11    of a grant not to exceed $3,825,000 to the Regional
12    Transportation Authority on behalf of PACE for the purpose
13    of ADA/Para-transit expenses, or during fiscal year 2017
14    only for the purposes of a grant not to exceed $3,825,000
15    to the Regional Transportation Authority on behalf of PACE
16    for the purpose of ADA/Para-transit expenses, and the costs
17    for patrolling and policing the public highways (by State,
18    political subdivision, or municipality collecting that
19    money) for enforcement of traffic laws. The separation of
20    grades of such highways with railroads and costs associated
21    with protection of at-grade highway and railroad crossing
22    shall also be permissible.
23    Appropriations for any of such purposes are payable from
24the Road Fund or the Grade Crossing Protection Fund as provided
25in Section 8 of the Motor Fuel Tax Law.
26    Except as provided in this paragraph, beginning with fiscal

 

 

SB3440- 18 -LRB099 22296 JWD 49713 b

1year 1991 and thereafter, no Road Fund monies shall be
2appropriated to the Department of State Police for the purposes
3of this Section in excess of its total fiscal year 1990 Road
4Fund appropriations for those purposes unless otherwise
5provided in Section 5g of this Act. For fiscal years 2003,
62004, 2005, 2006, and 2007 only, no Road Fund monies shall be
7appropriated to the Department of State Police for the purposes
8of this Section in excess of $97,310,000. For fiscal year 2008
9only, no Road Fund monies shall be appropriated to the
10Department of State Police for the purposes of this Section in
11excess of $106,100,000. For fiscal year 2009 only, no Road Fund
12monies shall be appropriated to the Department of State Police
13for the purposes of this Section in excess of $114,700,000.
14Beginning in fiscal year 2010, no road fund moneys shall be
15appropriated to the Department of State Police. It shall not be
16lawful to circumvent this limitation on appropriations by
17governmental reorganization or other methods unless otherwise
18provided in Section 5g of this Act.
19    In fiscal year 1994, no Road Fund monies shall be
20appropriated to the Secretary of State for the purposes of this
21Section in excess of the total fiscal year 1991 Road Fund
22appropriations to the Secretary of State for those purposes,
23plus $9,800,000. It shall not be lawful to circumvent this
24limitation on appropriations by governmental reorganization or
25other method.
26    Beginning with fiscal year 1995 and thereafter, no Road

 

 

SB3440- 19 -LRB099 22296 JWD 49713 b

1Fund monies shall be appropriated to the Secretary of State for
2the purposes of this Section in excess of the total fiscal year
31994 Road Fund appropriations to the Secretary of State for
4those purposes. It shall not be lawful to circumvent this
5limitation on appropriations by governmental reorganization or
6other methods.
7    Beginning with fiscal year 2000, total Road Fund
8appropriations to the Secretary of State for the purposes of
9this Section shall not exceed the amounts specified for the
10following fiscal years:
11    Fiscal Year 2000$80,500,000;
12    Fiscal Year 2001$80,500,000;
13    Fiscal Year 2002$80,500,000;
14    Fiscal Year 2003$130,500,000;
15    Fiscal Year 2004$130,500,000;
16    Fiscal Year 2005$130,500,000;
17    Fiscal Year 2006 $130,500,000;
18    Fiscal Year 2007 $130,500,000;
19    Fiscal Year 2008$130,500,000;
20    Fiscal Year 2009 $130,500,000.
21    For fiscal year 2010, no road fund moneys shall be
22appropriated to the Secretary of State.
23    Beginning in fiscal year 2011, moneys in the Road Fund
24shall be appropriated to the Secretary of State for the
25exclusive purpose of paying refunds due to overpayment of fees
26related to Chapter 3 of the Illinois Vehicle Code unless

 

 

SB3440- 20 -LRB099 22296 JWD 49713 b

1otherwise provided for by law.
2    It shall not be lawful to circumvent this limitation on
3appropriations by governmental reorganization or other
4methods.
5    No new program may be initiated in fiscal year 1991 and
6thereafter that is not consistent with the limitations imposed
7by this Section for fiscal year 1984 and thereafter, insofar as
8appropriation of Road Fund monies is concerned.
9    Nothing in this Section prohibits transfers from the Road
10Fund to the State Construction Account Fund under Section 5e of
11this Act; nor to the General Revenue Fund, as authorized by
12this amendatory Act of the 93rd General Assembly.
13    The additional amounts authorized for expenditure in this
14Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
15shall be repaid to the Road Fund from the General Revenue Fund
16in the next succeeding fiscal year that the General Revenue
17Fund has a positive budgetary balance, as determined by
18generally accepted accounting principles applicable to
19government.
20    The additional amounts authorized for expenditure by the
21Secretary of State and the Department of State Police in this
22Section by this amendatory Act of the 94th General Assembly
23shall be repaid to the Road Fund from the General Revenue Fund
24in the next succeeding fiscal year that the General Revenue
25Fund has a positive budgetary balance, as determined by
26generally accepted accounting principles applicable to

 

 

SB3440- 21 -LRB099 22296 JWD 49713 b

1government.
2(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
3eff. 6-19-13; 98-674, eff. 6-30-14.)
 
4    (30 ILCS 105/8.25e)  (from Ch. 127, par. 144.25e)
5    Sec. 8.25e. (a) The State Comptroller and the State
6Treasurer shall automatically transfer on the first day of each
7month, beginning on February 1, 1988, from the General Revenue
8Fund to each of the funds then supplemented by the pari-mutuel
9tax pursuant to Section 28 of the Illinois Horse Racing Act of
101975, an amount equal to (i) the amount of pari-mutuel tax
11deposited into such fund during the month in fiscal year 1986
12which corresponds to the month preceding such transfer, minus
13(ii) the amount of pari-mutuel tax (or the replacement transfer
14authorized by subsection (d) of Section 8g Section 8g(d) of
15this Act and subsection (d) of Section 28.1 Section 28.1(d) of
16the Illinois Horse Racing Act of 1975) deposited into such fund
17during the month preceding such transfer; provided, however,
18that no transfer shall be made to a fund if such amount for
19that fund is equal to or less than zero and provided that no
20transfer shall be made to a fund in any fiscal year after the
21amount deposited into such fund exceeds the amount of
22pari-mutuel tax deposited into such fund during fiscal year
231986.
24    (b) The State Comptroller and the State Treasurer shall
25automatically transfer on the last day of each month, beginning

 

 

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1on October 1, 1989 and ending on June 30, 2016, from the
2General Revenue Fund to the Metropolitan Exposition,
3Auditorium and Office Building Fund, the amount of $2,750,000
4plus any cumulative deficiencies in such transfers for prior
5months, until the sum of $16,500,000 has been transferred for
6the fiscal year beginning July 1, 1989 and until the sum of
7$22,000,000 has been transferred for each fiscal year
8thereafter.
9    (b-5) The State Comptroller and the State Treasurer shall
10automatically transfer on the last day of each month, beginning
11on July 1, 2016, from the General Revenue Fund to the
12Metropolitan Exposition, Auditorium and Office Building Fund,
13the amount of $1,500,000 plus any cumulative deficiencies in
14such transfers for prior months, until the sum of $12,000,000
15has been transferred for each fiscal year thereafter.
16    (c) After the transfer of funds from the Metropolitan
17Exposition, Auditorium and Office Building Fund to the Bond
18Retirement Fund pursuant to subsection (b) of Section 15
19Section 15(b) of the Metropolitan Civic Center Support Act, the
20State Comptroller and the State Treasurer shall automatically
21transfer on the last day of each month, beginning on October 1,
221989 and ending on June 30, 2016, from the Metropolitan
23Exposition, Auditorium and Office Building Fund to the Park and
24Conservation Fund the amount of $1,250,000 plus any cumulative
25deficiencies in such transfers for prior months, until the sum
26of $7,500,000 has been transferred for the fiscal year

 

 

SB3440- 23 -LRB099 22296 JWD 49713 b

1beginning July 1, 1989 and until the sum of $10,000,000 has
2been transferred for each fiscal year thereafter.
3(Source: P.A. 91-25, eff. 6-9-99.)
 
4    Section 5-20. The State Revenue Sharing Act is amended by
5changing Section 12 and by adding Section 11.1 as follows:
 
6    (30 ILCS 115/11.1 new)
7    Sec. 11.1. Funding of certain school districts.
8    (a) Beginning July 1, 2016, or as soon as practical
9thereafter, the State Board of Education shall annually
10identify to the Department of Revenue school districts having
11Personal Property Tax Replacement Fund receipts totaling 15% or
12more of their total revenues in fiscal year 2015.
13    (b) Beginning in fiscal year 2017, and in each fiscal year
14thereafter, any school district identified under subsection
15(a) shall receive, in addition to its annual distributions from
16the Personal Property Tax Replacement Fund, 7% of the total
17amount distributed to the school district from the Personal
18Property Tax Replacement Fund during fiscal year 2015, provided
19that the total amount of additional distributions under this
20Section shall not exceed $2,900,000 in any year. If the total
21additional distributions exceed $2,900,000 in any year, such
22distributions shall be calculated on a pro rata basis, based on
23the percentage of each district's total fiscal year 2015
24revenues to the total fiscal year 2015 revenues of all

 

 

SB3440- 24 -LRB099 22296 JWD 49713 b

1districts qualifying for an additional distribution under this
2Section.
 
3    (30 ILCS 115/12)  (from Ch. 85, par. 616)
4    Sec. 12. Personal Property Tax Replacement Fund. There is
5hereby created the Personal Property Tax Replacement Fund, a
6special fund in the State Treasury into which shall be paid all
7revenue realized:
8    (a) all amounts realized from the additional personal
9property tax replacement income tax imposed by subsections (c)
10and (d) of Section 201 of the Illinois Income Tax Act, except
11for those amounts deposited into the Income Tax Refund Fund
12pursuant to subsection (c) of Section 901 of the Illinois
13Income Tax Act; and
14    (b) all amounts realized from the additional personal
15property replacement invested capital taxes imposed by Section
162a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
17Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
18Section 3 of the Water Company Invested Capital Tax Act, and
19amounts payable to the Department of Revenue under the
20Telecommunications Infrastructure Maintenance Fee Act.
21    As soon as may be after the end of each month, the
22Department of Revenue shall certify to the Treasurer and the
23Comptroller the amount of all refunds paid out of the General
24Revenue Fund through the preceding month on account of
25overpayment of liability on taxes paid into the Personal

 

 

SB3440- 25 -LRB099 22296 JWD 49713 b

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

 

 

SB3440- 26 -LRB099 22296 JWD 49713 b

1under the Court Reporters Act; and (vi) amounts as appropriated
2to the Illinois Community College Board for distribution of
3base operating and equalization grants to qualifying public
4community colleges and the City Colleges of Chicago for
5educational related expenses.
6    As soon as may be after the effective date of this
7amendatory Act of 1980, the Department of Revenue shall certify
8to the Treasurer the amount of net replacement revenue paid
9into the General Revenue Fund prior to that effective date from
10the additional tax imposed by Section 2a.1 of the Messages Tax
11Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
12the Public Utilities Revenue Act; Section 3 of the Water
13Company Invested Capital Tax Act; amounts collected by the
14Department of Revenue under the Telecommunications
15Infrastructure Maintenance Fee Act; and the additional
16personal property tax replacement income tax imposed by the
17Illinois Income Tax Act, as amended by Public Act 81-1st
18Special Session-1. Net replacement revenue shall be defined as
19the total amount paid into and remaining in the General Revenue
20Fund as a result of those Acts minus the amount outstanding and
21obligated from the General Revenue Fund in state vouchers or
22warrants prior to the effective date of this amendatory Act of
231980 as refunds to taxpayers for overpayment of liability under
24those Acts.
25    All interest earned by monies accumulated in the Personal
26Property Tax Replacement Fund shall be deposited in such Fund.

 

 

SB3440- 27 -LRB099 22296 JWD 49713 b

1All amounts allocated pursuant to this Section are appropriated
2on a continuing basis.
3    Prior to December 31, 1980, as soon as may be after the end
4of each quarter beginning with the quarter ending December 31,
51979, and on and after December 31, 1980, as soon as may be
6after January 1, March 1, April 1, May 1, July 1, August 1,
7October 1 and December 1 of each year, the Department of
8Revenue shall allocate to each taxing district as defined in
9Section 1-150 of the Property Tax Code, in accordance with the
10provisions of paragraph (2) of this Section the portion of the
11funds held in the Personal Property Tax Replacement Fund which
12is required to be distributed, as provided in paragraph (1),
13for each quarter. Provided, however, under no circumstances
14shall any taxing district during each of the first two years of
15distribution of the taxes imposed by this amendatory Act of
161979 be entitled to an annual allocation which is less than the
17funds such taxing district collected from the 1978 personal
18property tax. Provided further that under no circumstances
19shall any taxing district during the third year of distribution
20of the taxes imposed by this amendatory Act of 1979 receive
21less than 60% of the funds such taxing district collected from
22the 1978 personal property tax. In the event that the total of
23the allocations made as above provided for all taxing
24districts, during either of such 3 years, exceeds the amount
25available for distribution the allocation of each taxing
26district shall be proportionately reduced. Except as provided

 

 

SB3440- 28 -LRB099 22296 JWD 49713 b

1in Section 13 of this Act, the Department shall then certify,
2pursuant to appropriation, such allocations to the State
3Comptroller who shall pay over to the several taxing districts
4the respective amounts allocated to them.
5    Any township which receives an allocation based in whole or
6in part upon personal property taxes which it levied pursuant
7to Section 6-507 or 6-512 of the Illinois Highway Code and
8which was previously required to be paid over to a municipality
9shall immediately pay over to that municipality a proportionate
10share of the personal property replacement funds which such
11township receives.
12    Any municipality or township, other than a municipality
13with a population in excess of 500,000, which receives an
14allocation based in whole or in part on personal property taxes
15which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
16Illinois Local Library Act and which was previously required to
17be paid over to a public library shall immediately pay over to
18that library a proportionate share of the personal property tax
19replacement funds which such municipality or township
20receives; provided that if such a public library has converted
21to a library organized under The Illinois Public Library
22District Act, regardless of whether such conversion has
23occurred on, after or before January 1, 1988, such
24proportionate share shall be immediately paid over to the
25library district which maintains and operates the library.
26However, any library that has converted prior to January 1,

 

 

SB3440- 29 -LRB099 22296 JWD 49713 b

11988, and which hitherto has not received the personal property
2tax replacement funds, shall receive such funds commencing on
3January 1, 1988.
4    Any township which receives an allocation based in whole or
5in part on personal property taxes which it levied pursuant to
6Section 1c of the Public Graveyards Act and which taxes were
7previously required to be paid over to or used for such public
8cemetery or cemeteries shall immediately pay over to or use for
9such public cemetery or cemeteries a proportionate share of the
10personal property tax replacement funds which the township
11receives.
12    Any taxing district which receives an allocation based in
13whole or in part upon personal property taxes which it levied
14for another governmental body or school district in Cook County
15in 1976 or for another governmental body or school district in
16the remainder of the State in 1977 shall immediately pay over
17to that governmental body or school district the amount of
18personal property replacement funds which such governmental
19body or school district would receive directly under the
20provisions of paragraph (2) of this Section, had it levied its
21own taxes.
22        (1) The portion of the Personal Property Tax
23    Replacement Fund required to be distributed as of the time
24    allocation is required to be made shall be the amount
25    available in such Fund as of the time allocation is
26    required to be made.

 

 

SB3440- 30 -LRB099 22296 JWD 49713 b

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

 

 

SB3440- 31 -LRB099 22296 JWD 49713 b

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

 

 

SB3440- 32 -LRB099 22296 JWD 49713 b

1for the 1977 tax year. The Downstate Tax Base is the personal
2property tax collections for all taxing districts in the State
3outside of Cook County for the 1977 tax year. The Department of
4Revenue shall have authority to review for accuracy and
5completeness the personal property tax collections for each
6taxing district outside Cook County for the 1977 tax year.
7    The Personal Property Replacement Ratio of each Cook County
8taxing district shall be the ratio which the Tax Base of that
9taxing district bears to the Cook County Tax Base. The Tax Base
10of each Cook County taxing district is the personal property
11tax collections for that taxing district for the 1976 tax year.
12The Cook County Tax Base is the personal property tax
13collections for all taxing districts in Cook County for the
141976 tax year. The Department of Revenue shall have authority
15to review for accuracy and completeness the personal property
16tax collections for each taxing district within Cook County for
17the 1976 tax year.
18    For all purposes of this Section 12, amounts paid to a
19taxing district for such tax years as may be applicable by a
20foreign corporation under the provisions of Section 7-202 of
21the Public Utilities Act, as amended, shall be deemed to be
22personal property taxes collected by such taxing district for
23such tax years as may be applicable. The Director shall
24determine from the Illinois Commerce Commission, for any tax
25year as may be applicable, the amounts so paid by any such
26foreign corporation to any and all taxing districts. The

 

 

SB3440- 33 -LRB099 22296 JWD 49713 b

1Illinois Commerce Commission shall furnish such information to
2the Director. For all purposes of this Section 12, the Director
3shall deem such amounts to be collected personal property taxes
4of each such taxing district for the applicable tax year or
5years.
6    Taxing districts located both in Cook County and in one or
7more other counties shall receive both a Cook County allocation
8and a Downstate allocation determined in the same way as all
9other taxing districts.
10    If any taxing district in existence on July 1, 1979 ceases
11to exist, or discontinues its operations, its Tax Base shall
12thereafter be deemed to be zero. If the powers, duties and
13obligations of the discontinued taxing district are assumed by
14another taxing district, the Tax Base of the discontinued
15taxing district shall be added to the Tax Base of the taxing
16district assuming such powers, duties and obligations.
17    If two or more taxing districts in existence on July 1,
181979, or a successor or successors thereto shall consolidate
19into one taxing district, the Tax Base of such consolidated
20taxing district shall be the sum of the Tax Bases of each of
21the taxing districts which have consolidated.
22    If a single taxing district in existence on July 1, 1979,
23or a successor or successors thereto shall be divided into two
24or more separate taxing districts, the tax base of the taxing
25district so divided shall be allocated to each of the resulting
26taxing districts in proportion to the then current equalized

 

 

SB3440- 34 -LRB099 22296 JWD 49713 b

1assessed value of each resulting taxing district.
2    If a portion of the territory of a taxing district is
3disconnected and annexed to another taxing district of the same
4type, the Tax Base of the taxing district from which
5disconnection was made shall be reduced in proportion to the
6then current equalized assessed value of the disconnected
7territory as compared with the then current equalized assessed
8value within the entire territory of the taxing district prior
9to disconnection, and the amount of such reduction shall be
10added to the Tax Base of the taxing district to which
11annexation is made.
12    If a community college district is created after July 1,
131979, beginning on the effective date of this amendatory Act of
141995, its Tax Base shall be 3.5% of the sum of the personal
15property tax collected for the 1977 tax year within the
16territorial jurisdiction of the district.
17    The amounts allocated and paid to taxing districts pursuant
18to the provisions of this amendatory Act of 1979 shall be
19deemed to be substitute revenues for the revenues derived from
20taxes imposed on personal property pursuant to the provisions
21of the "Revenue Act of 1939" or "An Act for the assessment and
22taxation of private car line companies", approved July 22,
231943, as amended, or Section 414 of the Illinois Insurance
24Code, prior to the abolition of such taxes and shall be used
25for the same purposes as the revenues derived from ad valorem
26taxes on real estate.

 

 

SB3440- 35 -LRB099 22296 JWD 49713 b

1    Monies received by any taxing districts from the Personal
2Property Tax Replacement Fund shall be first applied toward
3payment of the proportionate amount of debt service which was
4previously levied and collected from extensions against
5personal property on bonds outstanding as of December 31, 1978
6and next applied toward payment of the proportionate share of
7the pension or retirement obligations of the taxing district
8which were previously levied and collected from extensions
9against personal property. For each such outstanding bond
10issue, the County Clerk shall determine the percentage of the
11debt service which was collected from extensions against real
12estate in the taxing district for 1978 taxes payable in 1979,
13as related to the total amount of such levies and collections
14from extensions against both real and personal property. For
151979 and subsequent years' taxes, the County Clerk shall levy
16and extend taxes against the real estate of each taxing
17district which will yield the said percentage or percentages of
18the debt service on such outstanding bonds. The balance of the
19amount necessary to fully pay such debt service shall
20constitute a first and prior lien upon the monies received by
21each such taxing district through the Personal Property Tax
22Replacement Fund and shall be first applied or set aside for
23such purpose. In counties having fewer than 3,000,000
24inhabitants, the amendments to this paragraph as made by this
25amendatory Act of 1980 shall be first applicable to 1980 taxes
26to be collected in 1981.

 

 

SB3440- 36 -LRB099 22296 JWD 49713 b

1(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
297-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
36-30-14.)
 
4    Section 5-25. The General Obligation Bond Act is amended by
5changing Section 15 as follows:
 
6    (30 ILCS 330/15)  (from Ch. 127, par. 665)
7    Sec. 15. Computation of Principal and Interest; transfers.
8    (a) Upon each delivery of Bonds authorized to be issued
9under this Act, the Comptroller shall compute and certify to
10the Treasurer the total amount of principal of, interest on,
11and premium, if any, on Bonds issued that will be payable in
12order to retire such Bonds, the amount of principal of,
13interest on and premium, if any, on such Bonds that will be
14payable on each payment date according to the tenor of such
15Bonds during the then current and each succeeding fiscal year,
16and the amount of sinking fund payments needed to be deposited
17in connection with Qualified School Construction Bonds
18authorized by subsection (e) of Section 9. With respect to the
19interest payable on variable rate bonds, such certifications
20shall be calculated at the maximum rate of interest that may be
21payable during the fiscal year, after taking into account any
22credits permitted in the related indenture or other instrument
23against the amount of such interest required to be appropriated
24for such period pursuant to subsection (c) of Section 14 of

 

 

SB3440- 37 -LRB099 22296 JWD 49713 b

1this Act. With respect to the interest payable, such
2certifications shall include the amounts certified by the
3Director of the Governor's Office of Management and Budget
4under subsection (b) of Section 9 of this Act.
5    On or before the last day of each month the State Treasurer
6and Comptroller shall transfer from (1) the Road Fund with
7respect to Bonds issued under paragraph (a) of Section 4 of
8this Act or Bonds issued for the purpose of refunding such
9bonds, and from (2) the General Revenue Fund, with respect to
10all other Bonds issued under this Act, to the General
11Obligation Bond Retirement and Interest Fund an amount
12sufficient to pay the aggregate of the principal of, interest
13on, and premium, if any, on Bonds payable, by their terms on
14the next payment date divided by the number of full calendar
15months between the date of such Bonds and the first such
16payment date, and thereafter, divided by the number of months
17between each succeeding payment date after the first. Such
18computations and transfers shall be made for each series of
19Bonds issued and delivered. Interest payable on variable rate
20bonds shall be calculated at the maximum rate of interest that
21may be payable for the relevant period, after taking into
22account any credits permitted in the related indenture or other
23instrument against the amount of such interest required to be
24appropriated for such period pursuant to subsection (c) of
25Section 14 of this Act. Computations of interest shall include
26the amounts certified by the Director of the Governor's Office

 

 

SB3440- 38 -LRB099 22296 JWD 49713 b

1of Management and Budget under subsection (b) of Section 9 of
2this Act. Interest for which moneys have already been deposited
3into the capitalized interest account within the General
4Obligation Bond Retirement and Interest Fund shall not be
5included in the calculation of the amounts to be transferred
6under this subsection. Notwithstanding any other provision in
7this Section, the transfer provisions provided in this
8paragraph shall not apply to transfers made in fiscal year 2010
9or fiscal year 2011 with respect to Bonds issued in fiscal year
102010 or fiscal year 2011 pursuant to Section 7.2 of this Act.
11In the case of transfers made in fiscal year 2010 or fiscal
12year 2011 with respect to the Bonds issued in fiscal year 2010
13or fiscal year 2011 pursuant to Section 7.2 of this Act, on or
14before the 15th day of the month prior to the required debt
15service payment, the State Treasurer and Comptroller shall
16transfer from the General Revenue Fund to the General
17Obligation Bond Retirement and Interest Fund an amount
18sufficient to pay the aggregate of the principal of, interest
19on, and premium, if any, on the Bonds payable in that next
20month.
21    The transfer of monies herein and above directed is not
22required if monies in the General Obligation Bond Retirement
23and Interest Fund are more than the amount otherwise to be
24transferred as herein above provided, and if the Governor or
25his authorized representative notifies the State Treasurer and
26Comptroller of such fact in writing.

 

 

SB3440- 39 -LRB099 22296 JWD 49713 b

1    (b) After the effective date of this Act, the balance of,
2and monies directed to be included in the Capital Development
3Bond Retirement and Interest Fund, Anti-Pollution Bond
4Retirement and Interest Fund, Transportation Bond, Series A
5Retirement and Interest Fund, Transportation Bond, Series B
6Retirement and Interest Fund, and Coal Development Bond
7Retirement and Interest Fund shall be transferred to and
8deposited in the General Obligation Bond Retirement and
9Interest Fund. This Fund shall be used to make debt service
10payments on the State's general obligation Bonds heretofore
11issued which are now outstanding and payable from the Funds
12herein listed as well as on Bonds issued under this Act.
13    (c) Except as otherwise provided in Section 22-3 of the
14Military Code of Illinois, the The unused portion of federal
15funds received for, or as a reimbursement for, a capital
16facilities project, as authorized by Section 3 of this Act, for
17which monies from the Capital Development Fund have been
18expended shall remain in the Capital Development Board
19Contributory Trust Fund and shall be used for capital projects
20and for no other purpose, subject to appropriation and as
21directed by the Capital Development Board. Any federal funds
22received as reimbursement for the completed construction of a
23capital facilities project, as authorized by Section 3 of this
24Act, for which monies from the Capital Development Fund have
25been expended shall be deposited in the General Obligation Bond
26Retirement and Interest Fund.

 

 

SB3440- 40 -LRB099 22296 JWD 49713 b

1(Source: P.A. 98-245, eff. 1-1-14.)
 
2    Section 5-30. The Capital Development Bond Act of 1972 is
3amended by changing Section 9a as follows:
 
4    (30 ILCS 420/9a)  (from Ch. 127, par. 759a)
5    Sec. 9a. Except as otherwise provided in Section 22-3 of
6the Military Code of Illinois, the The unused portion of
7federal funds received for, or as a reimbursement for, a
8capital improvement project for which moneys from the Capital
9Development Fund have been expended shall remain in the Capital
10Development Board Contributory Trust Fund and shall be used for
11capital projects and for no other purpose, subject to
12appropriation and as directed by the Capital Development Board.
13Any federal funds received as reimbursement for the completed
14construction of a capital improvement project for which moneys
15from the Capital Development Fund have been expended shall be
16deposited in the Capital Development Bond Retirement and
17Interest Fund.
18(Source: P.A. 98-245, eff. 1-1-14.)
 
19    Section 5-35. The Illinois Coal Technology Development
20Assistance Act is amended by changing Section 4 as follows:
 
21    (30 ILCS 730/4)  (from Ch. 96 1/2, par. 8204)
22    Sec. 4. Expenditures from Coal Technology Development

 

 

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1Assistance Fund.
2    (a) The contents of the Coal Technology Development
3Assistance Fund may be expended, subject to appropriation by
4the General Assembly, in such amounts and at such times as the
5Department, with the advice and recommendation of the Board,
6may deem necessary or desirable for the purposes of this Act.
7    (b) The Department shall develop a written plan containing
8measurable 3-year and 10-year goals and objectives in regard to
9the funding of coal research and coal demonstration and
10commercialization projects, and programs designed to preserve
11and enhance markets for Illinois coal. In developing these
12goals and objectives, the Department shall consider and
13determine the appropriate balance for the achievement of
14near-term and long-term goals and objectives and of ensuring
15the timely commercial application of cost-effective
16technologies or energy and chemical production processes or
17systems utilizing coal. The Department shall develop the
18initial goals and objectives no later than December 1, 1993,
19and develop revised goals and objectives no later than July 1
20annually thereafter.
21    (c) (Blank).
22    (d) Subject to appropriation, the Department of Natural
23Resources may use moneys in the Coal Technology Development
24Assistance Fund to administer its responsibilities under the
25Surface Coal Mining Land Conservation and Reclamation Act.
26(Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98;

 

 

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190-372, eff. 7-1-98; 90-655, eff. 7-30-98.)
 
2    Section 5-40. The Illinois Police Training Act is amended
3by changing Section 9 as follows:
 
4    (50 ILCS 705/9)  (from Ch. 85, par. 509)
5    Sec. 9. A special fund is hereby established in the State
6Treasury to be known as the Traffic and Criminal Conviction
7Surcharge Fund and shall be financed as provided in Section 9.1
8of this Act and Section 5-9-1 of the Unified Code of
9Corrections, unless the fines, costs, or additional amounts
10imposed are subject to disbursement by the circuit clerk under
11Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
12shall be expended as follows:
13        (1) a portion of the total amount deposited in the Fund
14    may be used, as appropriated by the General Assembly, for
15    the ordinary and contingent expenses of the Illinois Law
16    Enforcement Training Standards Board;
17        (2) a portion of the total amount deposited in the Fund
18    shall be appropriated for the reimbursement of local
19    governmental agencies participating in training programs
20    certified by the Board, in an amount equaling 1/2 of the
21    total sum paid by such agencies during the State's previous
22    fiscal year for mandated training for probationary police
23    officers or probationary county corrections officers and
24    for optional advanced and specialized law enforcement or

 

 

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1    county corrections training; these reimbursements may
2    include the costs for tuition at training schools, the
3    salaries of trainees while in schools, and the necessary
4    travel and room and board expenses for each trainee; if the
5    appropriations under this paragraph (2) are not sufficient
6    to fully reimburse the participating local governmental
7    agencies, the available funds shall be apportioned among
8    such agencies, with priority first given to repayment of
9    the costs of mandatory training given to law enforcement
10    officer or county corrections officer recruits, then to
11    repayment of costs of advanced or specialized training for
12    permanent police officers or permanent county corrections
13    officers;
14        (3) a portion of the total amount deposited in the Fund
15    may be used to fund the Intergovernmental Law Enforcement
16    Officer's In-Service Training Act, veto overridden October
17    29, 1981, as now or hereafter amended, at a rate and method
18    to be determined by the board;
19        (4) a portion of the Fund also may be used by the
20    Illinois Department of State Police for expenses incurred
21    in the training of employees from any State, county or
22    municipal agency whose function includes enforcement of
23    criminal or traffic law;
24        (5) a portion of the Fund may be used by the Board to
25    fund grant-in-aid programs and services for the training of
26    employees from any county or municipal agency whose

 

 

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1    functions include corrections or the enforcement of
2    criminal or traffic law;
3        (6) for fiscal years 2013 through 2017 , 2014, and 2015
4    only, a portion of the Fund also may be used by the
5    Department of State Police to finance any of its lawful
6    purposes or functions; and
7        (7) a portion of the Fund may be used by the Board,
8    subject to appropriation, to administer grants to local law
9    enforcement agencies for the purpose of purchasing
10    bulletproof vests under the Law Enforcement Officer
11    Bulletproof Vest Act.
12    All payments from the Traffic and Criminal Conviction
13Surcharge Fund shall be made each year from moneys appropriated
14for the purposes specified in this Section. No more than 50% of
15any appropriation under this Act shall be spent in any city
16having a population of more than 500,000. The State Comptroller
17and the State Treasurer shall from time to time, at the
18direction of the Governor, transfer from the Traffic and
19Criminal Conviction Surcharge Fund to the General Revenue Fund
20in the State Treasury such amounts as the Governor determines
21are in excess of the amounts required to meet the obligations
22of the Traffic and Criminal Conviction Surcharge Fund.
23(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
2498-743, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
25    Section 5-45. The Law Enforcement Camera Grant Act is

 

 

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1amended by changing Section 25 as follows:
 
2    (50 ILCS 707/25)
3    Sec. 25. No fund sweep. Notwithstanding any other provision
4of law, moneys in the Law Enforcement Camera Grant Fund may not
5be appropriated, assigned, or transferred to another State
6fund, except that, notwithstanding any other provision of law,
7in addition to any other transfers that may be provided by law,
8on the effective date of this amendatory Act of the 99th
9General Assembly, or as soon thereafter as practical, the State
10Comptroller shall direct and the State Treasurer shall transfer
11the sum of $2,000,000 from the Law Enforcement Camera Grant
12Fund to the Traffic and Criminal Conviction Surcharge Fund.
13(Source: P.A. 99-352, eff. 1-1-16.)
 
14    Section 5-50. The School Code is amended by changing
15Section 18-8.05 as follows:
 
16    (105 ILCS 5/18-8.05)
17    Sec. 18-8.05. Basis for apportionment of general State
18financial aid and supplemental general State aid to the common
19schools for the 1998-1999 and subsequent school years.
 
20(A) General Provisions.
21    (1) The provisions of this Section apply to the 1998-1999
22and subsequent school years. The system of general State

 

 

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1financial aid provided for in this Section is designed to
2assure that, through a combination of State financial aid and
3required local resources, the financial support provided each
4pupil in Average Daily Attendance equals or exceeds a
5prescribed per pupil Foundation Level. This formula approach
6imputes a level of per pupil Available Local Resources and
7provides for the basis to calculate a per pupil level of
8general State financial aid that, when added to Available Local
9Resources, equals or exceeds the Foundation Level. The amount
10of per pupil general State financial aid for school districts,
11in general, varies in inverse relation to Available Local
12Resources. Per pupil amounts are based upon each school
13district's Average Daily Attendance as that term is defined in
14this Section.
15    (2) In addition to general State financial aid, school
16districts with specified levels or concentrations of pupils
17from low income households are eligible to receive supplemental
18general State financial aid grants as provided pursuant to
19subsection (H). The supplemental State aid grants provided for
20school districts under subsection (H) shall be appropriated for
21distribution to school districts as part of the same line item
22in which the general State financial aid of school districts is
23appropriated under this Section.
24    (3) To receive financial assistance under this Section,
25school districts are required to file claims with the State
26Board of Education, subject to the following requirements:

 

 

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

 

 

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1board of any district receiving any of the grants provided for
2in this Section may apply those funds to any fund so received
3for which that board is authorized to make expenditures by law.
4    School districts are not required to exert a minimum
5Operating Tax Rate in order to qualify for assistance under
6this Section.
7    (5) As used in this Section the following terms, when
8capitalized, shall have the meaning ascribed herein:
9        (a) "Average Daily Attendance": A count of pupil
10    attendance in school, averaged as provided for in
11    subsection (C) and utilized in deriving per pupil financial
12    support levels.
13        (b) "Available Local Resources": A computation of
14    local financial support, calculated on the basis of Average
15    Daily Attendance and derived as provided pursuant to
16    subsection (D).
17        (c) "Corporate Personal Property Replacement Taxes":
18    Funds paid to local school districts pursuant to "An Act in
19    relation to the abolition of ad valorem personal property
20    tax and the replacement of revenues lost thereby, and
21    amending and repealing certain Acts and parts of Acts in
22    connection therewith", certified August 14, 1979, as
23    amended (Public Act 81-1st S.S.-1).
24        (d) "Foundation Level": A prescribed level of per pupil
25    financial support as provided for in subsection (B).
26        (e) "Operating Tax Rate": All school district property

 

 

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1    taxes extended for all purposes, except Bond and Interest,
2    Summer School, Rent, Capital Improvement, and Vocational
3    Education Building purposes.
 
4(B) Foundation Level.
5    (1) The Foundation Level is a figure established by the
6State representing the minimum level of per pupil financial
7support that should be available to provide for the basic
8education of each pupil in Average Daily Attendance. As set
9forth in this Section, each school district is assumed to exert
10a sufficient local taxing effort such that, in combination with
11the aggregate of general State financial aid provided the
12district, an aggregate of State and local resources are
13available to meet the basic education needs of pupils in the
14district.
15    (2) For the 1998-1999 school year, the Foundation Level of
16support is $4,225. For the 1999-2000 school year, the
17Foundation Level of support is $4,325. For the 2000-2001 school
18year, the Foundation Level of support is $4,425. For the
192001-2002 school year and 2002-2003 school year, the Foundation
20Level of support is $4,560. For the 2003-2004 school year, the
21Foundation Level of support is $4,810. For the 2004-2005 school
22year, the Foundation Level of support is $4,964. For the
232005-2006 school year, the Foundation Level of support is
24$5,164. For the 2006-2007 school year, the Foundation Level of
25support is $5,334. For the 2007-2008 school year, the

 

 

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

 

 

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1school year immediately preceding the school year for which
2general State aid is being calculated.
 
3(D) Available Local Resources.
4    (1) For purposes of calculating general State aid pursuant
5to subsection (E), a representation of Available Local
6Resources per pupil, as that term is defined and determined in
7this subsection, shall be utilized. Available Local Resources
8per pupil shall include a calculated dollar amount representing
9local school district revenues from local property taxes and
10from Corporate Personal Property Replacement Taxes, expressed
11on the basis of pupils in Average Daily Attendance. Calculation
12of Available Local Resources shall exclude any tax amnesty
13funds received as a result of Public Act 93-26.
14    (2) In determining a school district's revenue from local
15property taxes, the State Board of Education shall utilize the
16equalized assessed valuation of all taxable property of each
17school district as of September 30 of the previous year. The
18equalized assessed valuation utilized shall be obtained and
19determined as provided in subsection (G).
20    (3) For school districts maintaining grades kindergarten
21through 12, local property tax revenues per pupil shall be
22calculated as the product of the applicable equalized assessed
23valuation for the district multiplied by 3.00%, and divided by
24the district's Average Daily Attendance figure. For school
25districts maintaining grades kindergarten through 8, local

 

 

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

 

 

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1school district shall constitute Available Local Resources as
2that term is utilized in subsection (E) in the calculation of
3general State aid.
 
4(E) Computation of General State Aid.
5    (1) For each school year, the amount of general State aid
6allotted to a school district shall be computed by the State
7Board of Education as provided in this subsection.
8    (2) For any school district for which Available Local
9Resources per pupil is less than the product of 0.93 times the
10Foundation Level, general State aid for that district shall be
11calculated as an amount equal to the Foundation Level minus
12Available Local Resources, multiplied by the Average Daily
13Attendance of the school district.
14    (3) For any school district for which Available Local
15Resources per pupil is equal to or greater than the product of
160.93 times the Foundation Level and less than the product of
171.75 times the Foundation Level, the general State aid per
18pupil shall be a decimal proportion of the Foundation Level
19derived using a linear algorithm. Under this linear algorithm,
20the calculated general State aid per pupil shall decline in
21direct linear fashion from 0.07 times the Foundation Level for
22a school district with Available Local Resources equal to the
23product of 0.93 times the Foundation Level, to 0.05 times the
24Foundation Level for a school district with Available Local
25Resources equal to the product of 1.75 times the Foundation

 

 

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

 

 

SB3440- 55 -LRB099 22296 JWD 49713 b

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

 

 

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1attendance by pupils shall be counted only for sessions of not
2less than 5 clock hours of school work per day under direct
3supervision of: (i) teachers, or (ii) non-teaching personnel or
4volunteer personnel when engaging in non-teaching duties and
5supervising in those instances specified in subsection (a) of
6Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
7of legal school age and in kindergarten and grades 1 through
812. Days of attendance by pupils through verified participation
9in an e-learning program approved by the State Board of
10Education under Section 10-20.56 of the Code shall be
11considered as full days of attendance for purposes of this
12Section.
13    Days of attendance by tuition pupils shall be accredited
14only to the districts that pay the tuition to a recognized
15school.
16    (2) Days of attendance by pupils of less than 5 clock hours
17of school shall be subject to the following provisions in the
18compilation of Average Daily Attendance.
19        (a) Pupils regularly enrolled in a public school for
20    only a part of the school day may be counted on the basis
21    of 1/6 day for every class hour of instruction of 40
22    minutes or more attended pursuant to such enrollment,
23    unless a pupil is enrolled in a block-schedule format of 80
24    minutes or more of instruction, in which case the pupil may
25    be counted on the basis of the proportion of minutes of
26    school work completed each day to the minimum number of

 

 

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

 

 

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

 

 

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1    parent-teacher conferences may be scheduled separately for
2    different grade levels and different attendance centers of
3    the district.
4        (e) A session of not less than one clock hour of
5    teaching hospitalized or homebound pupils on-site or by
6    telephone to the classroom may be counted as 1/2 day of
7    attendance, however these pupils must receive 4 or more
8    clock hours of instruction to be counted for a full day of
9    attendance.
10        (f) A session of at least 4 clock hours may be counted
11    as a day of attendance for first grade pupils, and pupils
12    in full day kindergartens, and a session of 2 or more hours
13    may be counted as 1/2 day of attendance by pupils in
14    kindergartens which provide only 1/2 day of attendance.
15        (g) For children with disabilities who are below the
16    age of 6 years and who cannot attend 2 or more clock hours
17    because of their disability or immaturity, a session of not
18    less than one clock hour may be counted as 1/2 day of
19    attendance; however for such children whose educational
20    needs so require a session of 4 or more clock hours may be
21    counted as a full day of attendance.
22        (h) A recognized kindergarten which provides for only
23    1/2 day of attendance by each pupil shall not have more
24    than 1/2 day of attendance counted in any one day. However,
25    kindergartens may count 2 1/2 days of attendance in any 5
26    consecutive school days. When a pupil attends such a

 

 

SB3440- 60 -LRB099 22296 JWD 49713 b

1    kindergarten for 2 half days on any one school day, the
2    pupil shall have the following day as a day absent from
3    school, unless the school district obtains permission in
4    writing from the State Superintendent of Education.
5    Attendance at kindergartens which provide for a full day of
6    attendance by each pupil shall be counted the same as
7    attendance by first grade pupils. Only the first year of
8    attendance in one kindergarten shall be counted, except in
9    case of children who entered the kindergarten in their
10    fifth year whose educational development requires a second
11    year of kindergarten as determined under the rules and
12    regulations of the State Board of Education.
13        (i) On the days when the assessment that includes a
14    college and career ready determination is administered
15    under subsection (c) of Section 2-3.64a-5 of this Code, the
16    day of attendance for a pupil whose school day must be
17    shortened to accommodate required testing procedures may
18    be less than 5 clock hours and shall be counted towards the
19    176 days of actual pupil attendance required under Section
20    10-19 of this Code, provided that a sufficient number of
21    minutes of school work in excess of 5 clock hours are first
22    completed on other school days to compensate for the loss
23    of school work on the examination days.
24        (j) Pupils enrolled in a remote educational program
25    established under Section 10-29 of this Code may be counted
26    on the basis of one-fifth day of attendance for every clock

 

 

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1    hour of instruction attended in the remote educational
2    program, provided that, in any month, the school district
3    may not claim for a student enrolled in a remote
4    educational program more days of attendance than the
5    maximum number of days of attendance the district can claim
6    (i) for students enrolled in a building holding year-round
7    classes if the student is classified as participating in
8    the remote educational program on a year-round schedule or
9    (ii) for students enrolled in a building not holding
10    year-round classes if the student is not classified as
11    participating in the remote educational program on a
12    year-round schedule.
 
13(G) Equalized Assessed Valuation Data.
14    (1) For purposes of the calculation of Available Local
15Resources required pursuant to subsection (D), the State Board
16of Education shall secure from the Department of Revenue the
17value as equalized or assessed by the Department of Revenue of
18all taxable property of every school district, together with
19(i) the applicable tax rate used in extending taxes for the
20funds of the district as of September 30 of the previous year
21and (ii) the limiting rate for all school districts subject to
22property tax extension limitations as imposed under the
23Property Tax Extension Limitation Law.
24    The Department of Revenue shall add to the equalized
25assessed value of all taxable property of each school district

 

 

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1situated entirely or partially within a county that is or was
2subject to the provisions of Section 15-176 or 15-177 of the
3Property Tax Code (a) an amount equal to the total amount by
4which the homestead exemption allowed under Section 15-176 or
515-177 of the Property Tax Code for real property situated in
6that school district exceeds the total amount that would have
7been allowed in that school district if the maximum reduction
8under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
9all other counties in tax year 2003 or (ii) $5,000 in all
10counties in tax year 2004 and thereafter and (b) an amount
11equal to the aggregate amount for the taxable year of all
12additional exemptions under Section 15-175 of the Property Tax
13Code for owners with a household income of $30,000 or less. The
14county clerk of any county that is or was subject to the
15provisions of Section 15-176 or 15-177 of the Property Tax Code
16shall annually calculate and certify to the Department of
17Revenue for each school district all homestead exemption
18amounts under Section 15-176 or 15-177 of the Property Tax Code
19and all amounts of additional exemptions under Section 15-175
20of the Property Tax Code for owners with a household income of
21$30,000 or less. It is the intent of this paragraph that if the
22general homestead exemption for a parcel of property is
23determined under Section 15-176 or 15-177 of the Property Tax
24Code rather than Section 15-175, then the calculation of
25Available Local Resources shall not be affected by the
26difference, if any, between the amount of the general homestead

 

 

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1exemption allowed for that parcel of property under Section
215-176 or 15-177 of the Property Tax Code and the amount that
3would have been allowed had the general homestead exemption for
4that parcel of property been determined under Section 15-175 of
5the Property Tax Code. It is further the intent of this
6paragraph that if additional exemptions are allowed under
7Section 15-175 of the Property Tax Code for owners with a
8household income of less than $30,000, then the calculation of
9Available Local Resources shall not be affected by the
10difference, if any, because of those additional exemptions.
11    This equalized assessed valuation, as adjusted further by
12the requirements of this subsection, shall be utilized in the
13calculation of Available Local Resources.
14    (2) The equalized assessed valuation in paragraph (1) shall
15be adjusted, as applicable, in the following manner:
16        (a) For the purposes of calculating State aid under
17    this Section, with respect to any part of a school district
18    within a redevelopment project area in respect to which a
19    municipality has adopted tax increment allocation
20    financing pursuant to the Tax Increment Allocation
21    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
22    of the Illinois Municipal Code or the Industrial Jobs
23    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
24    Illinois Municipal Code, no part of the current equalized
25    assessed valuation of real property located in any such
26    project area which is attributable to an increase above the

 

 

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1    total initial equalized assessed valuation of such
2    property shall be used as part of the equalized assessed
3    valuation of the district, until such time as all
4    redevelopment project costs have been paid, as provided in
5    Section 11-74.4-8 of the Tax Increment Allocation
6    Redevelopment Act or in Section 11-74.6-35 of the
7    Industrial Jobs Recovery Law. For the purpose of the
8    equalized assessed valuation of the district, the total
9    initial equalized assessed valuation or the current
10    equalized assessed valuation, whichever is lower, shall be
11    used until such time as all redevelopment project costs
12    have been paid.
13        (b) The real property equalized assessed valuation for
14    a school district shall be adjusted by subtracting from the
15    real property value as equalized or assessed by the
16    Department of Revenue for the district an amount computed
17    by dividing the amount of any abatement of taxes under
18    Section 18-170 of the Property Tax Code by 3.00% for a
19    district maintaining grades kindergarten through 12, by
20    2.30% for a district maintaining grades kindergarten
21    through 8, or by 1.05% for a district maintaining grades 9
22    through 12 and adjusted by an amount computed by dividing
23    the amount of any abatement of taxes under subsection (a)
24    of Section 18-165 of the Property Tax Code by the same
25    percentage rates for district type as specified in this
26    subparagraph (b).

 

 

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

 

 

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

 

 

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1Equalized Assessed Valuation shall be utilized to calculate the
2district's Available Local Resources under subsection (D). For
3the 2009-2010 school year and each school year thereafter, if a
4school district has approved or does approve an increase in its
5limiting rate, pursuant to Section 18-190 of the Property Tax
6Code, affecting the Base Tax Year, the Extension Limitation
7Equalized Assessed Valuation of the school district, as
8calculated by the State Board of Education, shall be equal to
9the product of the Equalized Assessed Valuation last used in
10the calculation of general State aid times an amount equal to
11one plus the percentage increase, if any, in the Consumer Price
12Index for all Urban Consumers for all items published by the
13United States Department of Labor for the 12-month calendar
14year preceding the Base Tax Year, plus the Equalized Assessed
15Valuation of new property, annexed property, and recovered tax
16increment value and minus the Equalized Assessed Valuation of
17disconnected property. New property and recovered tax
18increment value shall have the meanings set forth in the
19Property Tax Extension Limitation Law.
20    Partial elementary unit districts created in accordance
21with Article 11E of this Code shall not be eligible for the
22adjustment in this subsection (G)(3) until the fifth year
23following the effective date of the reorganization.
24    (3.5) For the 2010-2011 school year and each school year
25thereafter, if a school district's boundaries span multiple
26counties, then the Department of Revenue shall send to the

 

 

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1State Board of Education, for the purpose of calculating
2general State aid, the limiting rate and individual rates by
3purpose for the county that contains the majority of the school
4district's Equalized Assessed Valuation.
5    (4) For the purposes of calculating general State aid for
6the 1999-2000 school year only, if a school district
7experienced a triennial reassessment on the equalized assessed
8valuation used in calculating its general State financial aid
9apportionment for the 1998-1999 school year, the State Board of
10Education shall calculate the Extension Limitation Equalized
11Assessed Valuation that would have been used to calculate the
12district's 1998-1999 general State aid. This amount shall equal
13the product of the equalized assessed valuation used to
14calculate general State aid for the 1997-1998 school year and
15the district's Extension Limitation Ratio. If the Extension
16Limitation Equalized Assessed Valuation of the school district
17as calculated under this paragraph (4) is less than the
18district's equalized assessed valuation utilized in
19calculating the district's 1998-1999 general State aid
20allocation, then for purposes of calculating the district's
21general State aid pursuant to paragraph (5) of subsection (E),
22that Extension Limitation Equalized Assessed Valuation shall
23be utilized to calculate the district's Available Local
24Resources.
25    (5) For school districts having a majority of their
26equalized assessed valuation in any county except Cook, DuPage,

 

 

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1Kane, Lake, McHenry, or Will, if the amount of general State
2aid allocated to the school district for the 1999-2000 school
3year under the provisions of subsection (E), (H), and (J) of
4this Section is less than the amount of general State aid
5allocated to the district for the 1998-1999 school year under
6these subsections, then the general State aid of the district
7for the 1999-2000 school year only shall be increased by the
8difference between these amounts. The total payments made under
9this paragraph (5) shall not exceed $14,000,000. Claims shall
10be prorated if they exceed $14,000,000.
 
11(H) Supplemental General State Aid.
12    (1) In addition to the general State aid a school district
13is allotted pursuant to subsection (E), qualifying school
14districts shall receive a grant, paid in conjunction with a
15district's payments of general State aid, for supplemental
16general State aid based upon the concentration level of
17children from low-income households within the school
18district. Supplemental State aid grants provided for school
19districts under this subsection shall be appropriated for
20distribution to school districts as part of the same line item
21in which the general State financial aid of school districts is
22appropriated under this Section.
23    (1.5) This paragraph (1.5) applies only to those school
24years preceding the 2003-2004 school year. For purposes of this
25subsection (H), the term "Low-Income Concentration Level"

 

 

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1shall be the low-income eligible pupil count from the most
2recently available federal census divided by the Average Daily
3Attendance of the school district. If, however, (i) the
4percentage decrease from the 2 most recent federal censuses in
5the low-income eligible pupil count of a high school district
6with fewer than 400 students exceeds by 75% or more the
7percentage change in the total low-income eligible pupil count
8of contiguous elementary school districts, whose boundaries
9are coterminous with the high school district, or (ii) a high
10school district within 2 counties and serving 5 elementary
11school districts, whose boundaries are coterminous with the
12high school district, has a percentage decrease from the 2 most
13recent federal censuses in the low-income eligible pupil count
14and there is a percentage increase in the total low-income
15eligible pupil count of a majority of the elementary school
16districts in excess of 50% from the 2 most recent federal
17censuses, then the high school district's low-income eligible
18pupil count from the earlier federal census shall be the number
19used as the low-income eligible pupil count for the high school
20district, for purposes of this subsection (H). The changes made
21to this paragraph (1) by Public Act 92-28 shall apply to
22supplemental general State aid grants for school years
23preceding the 2003-2004 school year that are paid in fiscal
24year 1999 or thereafter and to any State aid payments made in
25fiscal year 1994 through fiscal year 1998 pursuant to
26subsection 1(n) of Section 18-8 of this Code (which was

 

 

SB3440- 71 -LRB099 22296 JWD 49713 b

1repealed on July 1, 1998), and any high school district that is
2affected by Public Act 92-28 is entitled to a recomputation of
3its supplemental general State aid grant or State aid paid in
4any of those fiscal years. This recomputation shall not be
5affected by any other funding.
6    (1.10) This paragraph (1.10) applies to the 2003-2004
7school year and each school year thereafter. For purposes of
8this subsection (H), the term "Low-Income Concentration Level"
9shall, for each fiscal year, be the low-income eligible pupil
10count as of July 1 of the immediately preceding fiscal year (as
11determined by the Department of Human Services based on the
12number of pupils who are eligible for at least one of the
13following low income programs: Medicaid, the Children's Health
14Insurance Program, TANF, or Food Stamps, excluding pupils who
15are eligible for services provided by the Department of
16Children and Family Services, averaged over the 2 immediately
17preceding fiscal years for fiscal year 2004 and over the 3
18immediately preceding fiscal years for each fiscal year
19thereafter) divided by the Average Daily Attendance of the
20school district.
21    (2) Supplemental general State aid pursuant to this
22subsection (H) shall be provided as follows for the 1998-1999,
231999-2000, and 2000-2001 school years only:
24        (a) For any school district with a Low Income
25    Concentration Level of at least 20% and less than 35%, the
26    grant for any school year shall be $800 multiplied by the

 

 

SB3440- 72 -LRB099 22296 JWD 49713 b

1    low income eligible pupil count.
2        (b) For any school district with a Low Income
3    Concentration Level of at least 35% and less than 50%, the
4    grant for the 1998-1999 school year shall be $1,100
5    multiplied by the low income eligible pupil count.
6        (c) For any school district with a Low Income
7    Concentration Level of at least 50% and less than 60%, the
8    grant for the 1998-99 school year shall be $1,500
9    multiplied by the low income eligible pupil count.
10        (d) For any school district with a Low Income
11    Concentration Level of 60% or more, the grant for the
12    1998-99 school year shall be $1,900 multiplied by the low
13    income eligible pupil count.
14        (e) For the 1999-2000 school year, the per pupil amount
15    specified in subparagraphs (b), (c), and (d) immediately
16    above shall be increased to $1,243, $1,600, and $2,000,
17    respectively.
18        (f) For the 2000-2001 school year, the per pupil
19    amounts specified in subparagraphs (b), (c), and (d)
20    immediately above shall be $1,273, $1,640, and $2,050,
21    respectively.
22    (2.5) Supplemental general State aid pursuant to this
23subsection (H) shall be provided as follows for the 2002-2003
24school year:
25        (a) For any school district with a Low Income
26    Concentration Level of less than 10%, the grant for each

 

 

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1    school year shall be $355 multiplied by the low income
2    eligible pupil count.
3        (b) For any school district with a Low Income
4    Concentration Level of at least 10% and less than 20%, the
5    grant for each school year shall be $675 multiplied by the
6    low income eligible pupil count.
7        (c) For any school district with a Low Income
8    Concentration Level of at least 20% and less than 35%, the
9    grant for each school year shall be $1,330 multiplied by
10    the low income eligible pupil count.
11        (d) For any school district with a Low Income
12    Concentration Level of at least 35% and less than 50%, the
13    grant for each school year shall be $1,362 multiplied by
14    the low income eligible pupil count.
15        (e) For any school district with a Low Income
16    Concentration Level of at least 50% and less than 60%, the
17    grant for each school year shall be $1,680 multiplied by
18    the low income eligible pupil count.
19        (f) For any school district with a Low Income
20    Concentration Level of 60% or more, the grant for each
21    school year shall be $2,080 multiplied by the low income
22    eligible pupil count.
23    (2.10) Except as otherwise provided, supplemental general
24State aid pursuant to this subsection (H) shall be provided as
25follows for the 2003-2004 school year and each school year
26thereafter:

 

 

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1        (a) For any school district with a Low Income
2    Concentration Level of 15% or less, the grant for each
3    school year shall be $355 multiplied by the low income
4    eligible pupil count.
5        (b) For any school district with a Low Income
6    Concentration Level greater than 15%, the grant for each
7    school year shall be $294.25 added to the product of $2,700
8    and the square of the Low Income Concentration Level, all
9    multiplied by the low income eligible pupil count.
10    For the 2003-2004 school year and each school year
11thereafter through the 2008-2009 school year only, the grant
12shall be no less than the grant for the 2002-2003 school year.
13For the 2009-2010 school year only, the grant shall be no less
14than the grant for the 2002-2003 school year multiplied by
150.66. For the 2010-2011 school year only, the grant shall be no
16less than the grant for the 2002-2003 school year multiplied by
170.33. Notwithstanding the provisions of this paragraph to the
18contrary, if for any school year supplemental general State aid
19grants are prorated as provided in paragraph (1) of this
20subsection (H), then the grants under this paragraph shall be
21prorated.
22    For the 2003-2004 school year only, the grant shall be no
23greater than the grant received during the 2002-2003 school
24year added to the product of 0.25 multiplied by the difference
25between the grant amount calculated under subsection (a) or (b)
26of this paragraph (2.10), whichever is applicable, and the

 

 

SB3440- 75 -LRB099 22296 JWD 49713 b

1grant received during the 2002-2003 school year. For the
22004-2005 school year only, the grant shall be no greater than
3the grant received during the 2002-2003 school year added to
4the product of 0.50 multiplied by the difference between the
5grant amount calculated under subsection (a) or (b) of this
6paragraph (2.10), whichever is applicable, and the grant
7received during the 2002-2003 school year. For the 2005-2006
8school year only, the grant shall be no greater than the grant
9received during the 2002-2003 school year added to the product
10of 0.75 multiplied by the difference between the grant amount
11calculated under subsection (a) or (b) of this paragraph
12(2.10), whichever is applicable, and the grant received during
13the 2002-2003 school year.
14    (3) School districts with an Average Daily Attendance of
15more than 1,000 and less than 50,000 that qualify for
16supplemental general State aid pursuant to this subsection
17shall submit a plan to the State Board of Education prior to
18October 30 of each year for the use of the funds resulting from
19this grant of supplemental general State aid for the
20improvement of instruction in which priority is given to
21meeting the education needs of disadvantaged children. Such
22plan shall be submitted in accordance with rules and
23regulations promulgated by the State Board of Education.
24    (4) School districts with an Average Daily Attendance of
2550,000 or more that qualify for supplemental general State aid
26pursuant to this subsection shall be required to distribute

 

 

SB3440- 76 -LRB099 22296 JWD 49713 b

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

 

 

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1    by reason of the provisions of this subsection are not
2    required to be allocated and provided to attendance centers
3    may be used and appropriated by the board of the district
4    for any lawful school purpose.
5        (e) Funds received by an attendance center pursuant to
6    this subsection shall be used by the attendance center at
7    the discretion of the principal and local school council
8    for programs to improve educational opportunities at
9    qualifying schools through the following programs and
10    services: early childhood education, reduced class size or
11    improved adult to student classroom ratio, enrichment
12    programs, remedial assistance, attendance improvement, and
13    other educationally beneficial expenditures which
14    supplement the regular and basic programs as determined by
15    the State Board of Education. Funds provided shall not be
16    expended for any political or lobbying purposes as defined
17    by board rule.
18        (f) Each district subject to the provisions of this
19    subdivision (H)(4) shall submit an acceptable plan to meet
20    the educational needs of disadvantaged children, in
21    compliance with the requirements of this paragraph, to the
22    State Board of Education prior to July 15 of each year.
23    This plan shall be consistent with the decisions of local
24    school councils concerning the school expenditure plans
25    developed in accordance with part 4 of Section 34-2.3. The
26    State Board shall approve or reject the plan within 60 days

 

 

SB3440- 78 -LRB099 22296 JWD 49713 b

1    after its submission. If the plan is rejected, the district
2    shall give written notice of intent to modify the plan
3    within 15 days of the notification of rejection and then
4    submit a modified plan within 30 days after the date of the
5    written notice of intent to modify. Districts may amend
6    approved plans pursuant to rules promulgated by the State
7    Board of Education.
8        Upon notification by the State Board of Education that
9    the district has not submitted a plan prior to July 15 or a
10    modified plan within the time period specified herein, the
11    State aid funds affected by that plan or modified plan
12    shall be withheld by the State Board of Education until a
13    plan or modified plan is submitted.
14        If the district fails to distribute State aid to
15    attendance centers in accordance with an approved plan, the
16    plan for the following year shall allocate funds, in
17    addition to the funds otherwise required by this
18    subsection, to those attendance centers which were
19    underfunded during the previous year in amounts equal to
20    such underfunding.
21        For purposes of determining compliance with this
22    subsection in relation to the requirements of attendance
23    center funding, each district subject to the provisions of
24    this subsection shall submit as a separate document by
25    December 1 of each year a report of expenditure data for
26    the prior year in addition to any modification of its

 

 

SB3440- 79 -LRB099 22296 JWD 49713 b

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

 

 

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1    In calculating the amount to be paid to the governing board
2of a public university that operates a laboratory school under
3this Section or to any alternative school that is operated by a
4regional superintendent of schools, the State Board of
5Education shall require by rule such reporting requirements as
6it deems necessary.
7    As used in this Section, "laboratory school" means a public
8school which is created and operated by a public university and
9approved by the State Board of Education. The governing board
10of a public university which receives funds from the State
11Board under this subsection (K) may not increase the number of
12students enrolled in its laboratory school from a single
13district, if that district is already sending 50 or more
14students, except under a mutual agreement between the school
15board of a student's district of residence and the university
16which operates the laboratory school. A laboratory school may
17not have more than 1,000 students, excluding students with
18disabilities in a special education program.
19    As used in this Section, "alternative school" means a
20public school which is created and operated by a Regional
21Superintendent of Schools and approved by the State Board of
22Education. Such alternative schools may offer courses of
23instruction for which credit is given in regular school
24programs, courses to prepare students for the high school
25equivalency testing program or vocational and occupational
26training. A regional superintendent of schools may contract

 

 

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1with a school district or a public community college district
2to operate an alternative school. An alternative school serving
3more than one educational service region may be established by
4the regional superintendents of schools of the affected
5educational service regions. An alternative school serving
6more than one educational service region may be operated under
7such terms as the regional superintendents of schools of those
8educational service regions may agree.
9    Each laboratory and alternative school shall file, on forms
10provided by the State Superintendent of Education, an annual
11State aid claim which states the Average Daily Attendance of
12the school's students by month. The best 3 months' Average
13Daily Attendance shall be computed for each school. The general
14State aid entitlement shall be computed by multiplying the
15applicable Average Daily Attendance by the Foundation Level as
16determined under this Section.
 
17(L) Payments, Additional Grants in Aid and Other Requirements.
18    (1) For a school district operating under the financial
19supervision of an Authority created under Article 34A, the
20general State aid otherwise payable to that district under this
21Section, but not the supplemental general State aid, shall be
22reduced by an amount equal to the budget for the operations of
23the Authority as certified by the Authority to the State Board
24of Education, and an amount equal to such reduction shall be
25paid to the Authority created for such district for its

 

 

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1operating expenses in the manner provided in Section 18-11. The
2remainder of general State school aid for any such district
3shall be paid in accordance with Article 34A when that Article
4provides for a disposition other than that provided by this
5Article.
6    (2) (Blank).
7    (3) Summer school. Summer school payments shall be made as
8provided in Section 18-4.3.
 
9(M) Education Funding Advisory Board.
10    The Education Funding Advisory Board, hereinafter in this
11subsection (M) referred to as the "Board", is hereby created.
12The Board shall consist of 5 members who are appointed by the
13Governor, by and with the advice and consent of the Senate. The
14members appointed shall include representatives of education,
15business, and the general public. One of the members so
16appointed shall be designated by the Governor at the time the
17appointment is made as the chairperson of the Board. The
18initial members of the Board may be appointed any time after
19the effective date of this amendatory Act of 1997. The regular
20term of each member of the Board shall be for 4 years from the
21third Monday of January of the year in which the term of the
22member's appointment is to commence, except that of the 5
23initial members appointed to serve on the Board, the member who
24is appointed as the chairperson shall serve for a term that
25commences on the date of his or her appointment and expires on

 

 

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

 

 

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1Governor as in the case of vacancies.
2    The State Board of Education shall provide such staff
3assistance to the Education Funding Advisory Board as is
4reasonably required for the proper performance by the Board of
5its responsibilities.
6    For school years after the 2000-2001 school year, the
7Education Funding Advisory Board, in consultation with the
8State Board of Education, shall make recommendations as
9provided in this subsection (M) to the General Assembly for the
10foundation level under subdivision (B)(3) of this Section and
11for the supplemental general State aid grant level under
12subsection (H) of this Section for districts with high
13concentrations of children from poverty. The recommended
14foundation level shall be determined based on a methodology
15which incorporates the basic education expenditures of
16low-spending schools exhibiting high academic performance. The
17Education Funding Advisory Board shall make such
18recommendations to the General Assembly on January 1 of odd
19numbered years, beginning January 1, 2001.
 
20(N) (Blank).
 
21(O) References.
22    (1) References in other laws to the various subdivisions of
23Section 18-8 as that Section existed before its repeal and
24replacement by this Section 18-8.05 shall be deemed to refer to

 

 

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1the corresponding provisions of this Section 18-8.05, to the
2extent that those references remain applicable.
3    (2) References in other laws to State Chapter 1 funds shall
4be deemed to refer to the supplemental general State aid
5provided under subsection (H) of this Section.
 
6(P) Public Act 93-838 and Public Act 93-808 make inconsistent
7changes to this Section. Under Section 6 of the Statute on
8Statutes there is an irreconcilable conflict between Public Act
993-808 and Public Act 93-838. Public Act 93-838, being the last
10acted upon, is controlling. The text of Public Act 93-838 is
11the law regardless of the text of Public Act 93-808.
 
12(Q) State Fiscal Year 2015 Payments.
13    For payments made for State fiscal year 2015, the State
14Board of Education shall, for each school district, calculate
15that district's pro-rata share of a minimum sum of $13,600,000
16or additional amounts as needed from the total net General
17State Aid funding as calculated under this Section that shall
18be deemed attributable to the provision of special educational
19facilities and services, as defined in Section 14-1.08 of this
20Code, in a manner that ensures compliance with maintenance of
21State financial support requirements under the federal
22Individuals with Disabilities Education Act. Each school
23district must use such funds only for the provision of special
24educational facilities and services, as defined in Section

 

 

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114-1.08 of this Code, and must comply with any expenditure
2verification procedures adopted by the State Board of
3Education.
 
4(R) State Fiscal Year 2016 Payments.
5    For payments made for State fiscal year 2016, the State
6Board of Education shall, for each school district, calculate
7that district's pro rata share of a minimum sum of $1 or
8additional amounts as needed from the total net General State
9Aid funding as calculated under this Section that shall be
10deemed attributable to the provision of special educational
11facilities and services, as defined in Section 14-1.08 of this
12Code, in a manner that ensures compliance with maintenance of
13State financial support requirements under the federal
14Individuals with Disabilities Education Act. Each school
15district must use such funds only for the provision of special
16educational facilities and services, as defined in Section
1714-1.08 of this Code, and must comply with any expenditure
18verification procedures adopted by the State Board of
19Education.
 
20(S) State Fiscal Year 2017 Payments.
21    For payments made for State fiscal year 2017, the State
22Board of Education shall, for each school district, calculate
23that district's pro rata share of a minimum sum of $1 or
24additional amounts as needed from the total net General State

 

 

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1Aid funding as calculated under this Section that shall be
2deemed attributable to the provision of special educational
3facilities and services, as defined in Section 14-1.08 of this
4Code, in a manner that ensures compliance with maintenance of
5State financial support requirements under the federal
6Individuals with Disabilities Education Act. Each school
7district must use such funds only for the provision of special
8educational facilities and services, as defined in Section
914-1.08 of this Code, and must comply with any expenditure
10verification procedures adopted by the State Board of
11Education.
12(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
13eff. 7-30-15.)
 
14    Section 5-55. The Board of Higher Education Act is amended
15by adding Section 9.35 as follows:
 
16    (110 ILCS 205/9.35 new)
17    Sec. 9.35. Allocation for essential operations. For fiscal
18year 2017 only, the Board of Higher Education may expend funds
19that are appropriated to the Board of Higher Education for
20payment to public universities or community colleges for
21essential operations as determined by the Board of Higher
22Education pursuant to this Section. The Board of Higher
23Education shall adopt procedures and criteria for allocation to
24eligible institutions that request payments for essential

 

 

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1operations. These criteria shall include, but are not limited
2to, a review of financial deficiencies in meeting payroll
3schedules, debt service payments, critical vendor payments, or
4diminishing balance levels of unrestricted funds or other
5sources. Each eligible institution seeking payment for
6essential operations from the Board of Higher Education shall
7obtain prior approval from its board of trustees to request
8funds under this Section. The Illinois Community College Board
9shall provide its recommendation to the Board of Higher
10Education for any payments to community colleges prior to
11consideration by the Board of Higher Education. The Board of
12Higher Education may enter into intergovernmental agreements
13with each institution to facilitate payments authorized under
14this Section. The Board of Higher Education shall notify the
15Governor, the Director of the Governor's Office of Management
16and Budget, the President of the Senate, the Speaker of the
17House of Representatives, the Minority Leader of the Senate,
18and the Minority Leader of the House of Representatives of the
19amounts of payments authorized under this Section within 10
20days after submitting any voucher for payment to the State
21Comptroller. The State Comptroller, to the extent possible,
22shall give priority consideration for processing such vouchers
23for payment as requested by the Board of Higher Education.
 
24    Section 5-60. The Public Community College Act is amended
25by changing Section 5-11 and by adding Section 5-13 as follows:
 

 

 

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1    (110 ILCS 805/5-11)  (from Ch. 122, par. 105-11)
2    Sec. 5-11. Any public community college which subsequent to
3July 1, 1972, commenced construction of any facilities approved
4by the State Board and the Illinois Board of Higher Education
5may, after completion thereof, apply to the State for a grant
6for expenditures made by the community college from its own
7funds for building purposes for such facilities in excess of
825% of the cost of such facilities as approved by the State
9Board and the Illinois Board of Higher Education. Such grant
10shall be contingent upon said community college having
11otherwise complied with Sections 5-3, 5-4, 5-5 and 5-10 of this
12Act.
13    If any payments or contributions of any kind which are
14based upon, or are to be applied to, the cost of such
15construction are received from the Federal government, or an
16agency thereof, subsequent to receipt of the grant herein
17provided, the amount of such subsequent payment or
18contributions shall be paid over to the Capital Development
19Board by the community college for deposit in the Capital
20Development Board Contributory Trust Bond Interest and
21Retirement Fund.
22(Source: P.A. 80-1200.)
 
23    (110 ILCS 805/5-13 new)
24    Sec. 5-13. Notwithstanding other provisions in this

 

 

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1Article, the costs determined by the Capital Development Board
2to be directly attributable to the halting of and restarting of
3a project covered by this Article shall not be included in the
4basis for determining the community college district's
5obligation to contribute a percentage of the total amount
6necessary to finance the project in Sections 5-7, 5-8, and
75-11. This Section is repealed on July 1, 2020.
 
8
ARTICLE 10. RETIREMENT CONTRIBUTIONS

 
9    Section 10-5. The State Finance Act is amended by changing
10Sections 8.12 and 14.1 as follows:
 
11    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
12    Sec. 8.12. State Pensions Fund.
13    (a) The moneys in the State Pensions Fund shall be used
14exclusively for the administration of the Uniform Disposition
15of Unclaimed Property Act and for the expenses incurred by the
16Auditor General for administering the provisions of Section
172-8.1 of the Illinois State Auditing Act and for the funding of
18the unfunded liabilities of the designated retirement systems.
19Beginning in State fiscal year 2018 2017, payments to the
20designated retirement systems under this Section shall be in
21addition to, and not in lieu of, any State contributions
22required under the Illinois Pension Code.
23    "Designated retirement systems" means:

 

 

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1        (1) the State Employees' Retirement System of
2    Illinois;
3        (2) the Teachers' Retirement System of the State of
4    Illinois;
5        (3) the State Universities Retirement System;
6        (4) the Judges Retirement System of Illinois; and
7        (5) the General Assembly Retirement System.
8    (b) Each year the General Assembly may make appropriations
9from the State Pensions Fund for the administration of the
10Uniform Disposition of Unclaimed Property Act.
11    Each month, the Commissioner of the Office of Banks and
12Real Estate shall certify to the State Treasurer the actual
13expenditures that the Office of Banks and Real Estate incurred
14conducting unclaimed property examinations under the Uniform
15Disposition of Unclaimed Property Act during the immediately
16preceding month. Within a reasonable time following the
17acceptance of such certification by the State Treasurer, the
18State Treasurer shall pay from its appropriation from the State
19Pensions Fund to the Bank and Trust Company Fund, the Savings
20Bank Regulatory Fund, and the Residential Finance Regulatory
21Fund an amount equal to the expenditures incurred by each Fund
22for that month.
23    Each month, the Director of Financial Institutions shall
24certify to the State Treasurer the actual expenditures that the
25Department of Financial Institutions incurred conducting
26unclaimed property examinations under the Uniform Disposition

 

 

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1of Unclaimed Property Act during the immediately preceding
2month. Within a reasonable time following the acceptance of
3such certification by the State Treasurer, the State Treasurer
4shall pay from its appropriation from the State Pensions Fund
5to the Financial Institution Fund and the Credit Union Fund an
6amount equal to the expenditures incurred by each Fund for that
7month.
8    (c) As soon as possible after the effective date of this
9amendatory Act of the 93rd General Assembly, the General
10Assembly shall appropriate from the State Pensions Fund (1) to
11the State Universities Retirement System the amount certified
12under Section 15-165 during the prior year, (2) to the Judges
13Retirement System of Illinois the amount certified under
14Section 18-140 during the prior year, and (3) to the General
15Assembly Retirement System the amount certified under Section
162-134 during the prior year as part of the required State
17contributions to each of those designated retirement systems;
18except that amounts appropriated under this subsection (c) in
19State fiscal year 2005 shall not reduce the amount in the State
20Pensions Fund below $5,000,000. If the amount in the State
21Pensions Fund does not exceed the sum of the amounts certified
22in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
23the amount paid to each designated retirement system under this
24subsection shall be reduced in proportion to the amount
25certified by each of those designated retirement systems.
26    (c-5) For fiscal years 2006 through 2017 2016, the General

 

 

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1Assembly shall appropriate from the State Pensions Fund to the
2State Universities Retirement System the amount estimated to be
3available during the fiscal year in the State Pensions Fund;
4provided, however, that the amounts appropriated under this
5subsection (c-5) shall not reduce the amount in the State
6Pensions Fund below $5,000,000.
7    (c-6) For fiscal year 2018 2017 and each fiscal year
8thereafter, as soon as may be practical after any money is
9deposited into the State Pensions Fund from the Unclaimed
10Property Trust Fund, the State Treasurer shall apportion the
11deposited amount among the designated retirement systems as
12defined in subsection (a) to reduce their actuarial reserve
13deficiencies. The State Comptroller and State Treasurer shall
14pay the apportioned amounts to the designated retirement
15systems to fund the unfunded liabilities of the designated
16retirement systems. The amount apportioned to each designated
17retirement system shall constitute a portion of the amount
18estimated to be available for appropriation from the State
19Pensions Fund that is the same as that retirement system's
20portion of the total actual reserve deficiency of the systems,
21as determined annually by the Governor's Office of Management
22and Budget at the request of the State Treasurer. The amounts
23apportioned under this subsection shall not reduce the amount
24in the State Pensions Fund below $5,000,000.
25    (d) The Governor's Office of Management and Budget shall
26determine the individual and total reserve deficiencies of the

 

 

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1designated retirement systems. For this purpose, the
2Governor's Office of Management and Budget shall utilize the
3latest available audit and actuarial reports of each of the
4retirement systems and the relevant reports and statistics of
5the Public Employee Pension Fund Division of the Department of
6Insurance.
7    (d-1) As soon as practicable after the effective date of
8this amendatory Act of the 93rd General Assembly, the
9Comptroller shall direct and the Treasurer shall transfer from
10the State Pensions Fund to the General Revenue Fund, as funds
11become available, a sum equal to the amounts that would have
12been paid from the State Pensions Fund to the Teachers'
13Retirement System of the State of Illinois, the State
14Universities Retirement System, the Judges Retirement System
15of Illinois, the General Assembly Retirement System, and the
16State Employees' Retirement System of Illinois after the
17effective date of this amendatory Act during the remainder of
18fiscal year 2004 to the designated retirement systems from the
19appropriations provided for in this Section if the transfers
20provided in Section 6z-61 had not occurred. The transfers
21described in this subsection (d-1) are to partially repay the
22General Revenue Fund for the costs associated with the bonds
23used to fund the moneys transferred to the designated
24retirement systems under Section 6z-61.
25    (e) The changes to this Section made by this amendatory Act
26of 1994 shall first apply to distributions from the Fund for

 

 

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1State fiscal year 1996.
2(Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
398-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15;
499-78, eff. 7-20-15.)
 
5    (30 ILCS 105/14.1)   (from Ch. 127, par. 150.1)
6    Sec. 14.1. Appropriations for State contributions to the
7State Employees' Retirement System; payroll requirements.
8    (a) Appropriations for State contributions to the State
9Employees' Retirement System of Illinois shall be expended in
10the manner provided in this Section. Except as otherwise
11provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
12time of each payment of salary to an employee under the
13personal services line item, payment shall be made to the State
14Employees' Retirement System, from the amount appropriated for
15State contributions to the State Employees' Retirement System,
16of an amount calculated at the rate certified for the
17applicable fiscal year by the Board of Trustees of the State
18Employees' Retirement System under Section 14-135.08 of the
19Illinois Pension Code. If a line item appropriation to an
20employer for this purpose is exhausted or is unavailable due to
21any limitation on appropriations that may apply, (including,
22but not limited to, limitations on appropriations from the Road
23Fund under Section 8.3 of the State Finance Act), the amounts
24shall be paid under the continuing appropriation for this
25purpose contained in the State Pension Funds Continuing

 

 

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1Appropriation Act.
2    (a-1) Beginning on the effective date of this amendatory
3Act of the 93rd General Assembly through the payment of the
4final payroll from fiscal year 2004 appropriations,
5appropriations for State contributions to the State Employees'
6Retirement System of Illinois shall be expended in the manner
7provided in this subsection (a-1). At the time of each payment
8of salary to an employee under the personal services line item
9from a fund other than the General Revenue Fund, payment shall
10be made for deposit into the General Revenue Fund from the
11amount appropriated for State contributions to the State
12Employees' Retirement System of an amount calculated at the
13rate certified for fiscal year 2004 by the Board of Trustees of
14the State Employees' Retirement System under Section 14-135.08
15of the Illinois Pension Code. This payment shall be made to the
16extent that a line item appropriation to an employer for this
17purpose is available or unexhausted. No payment from
18appropriations for State contributions shall be made in
19conjunction with payment of salary to an employee under the
20personal services line item from the General Revenue Fund.
21    (a-2) For fiscal year 2010 only, at the time of each
22payment of salary to an employee under the personal services
23line item from a fund other than the General Revenue Fund,
24payment shall be made for deposit into the State Employees'
25Retirement System of Illinois from the amount appropriated for
26State contributions to the State Employees' Retirement System

 

 

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1of Illinois of an amount calculated at the rate certified for
2fiscal year 2010 by the Board of Trustees of the State
3Employees' Retirement System of Illinois under Section
414-135.08 of the Illinois Pension Code. This payment shall be
5made to the extent that a line item appropriation to an
6employer for this purpose is available or unexhausted. For
7fiscal year 2010 only, no payment from appropriations for State
8contributions shall be made in conjunction with payment of
9salary to an employee under the personal services line item
10from the General Revenue Fund.
11    (a-3) For fiscal year 2011 only, at the time of each
12payment of salary to an employee under the personal services
13line item from a fund other than the General Revenue Fund,
14payment shall be made for deposit into the State Employees'
15Retirement System of Illinois from the amount appropriated for
16State contributions to the State Employees' Retirement System
17of Illinois of an amount calculated at the rate certified for
18fiscal year 2011 by the Board of Trustees of the State
19Employees' Retirement System of Illinois under Section
2014-135.08 of the Illinois Pension Code. This payment shall be
21made to the extent that a line item appropriation to an
22employer for this purpose is available or unexhausted. For
23fiscal year 2011 only, no payment from appropriations for State
24contributions shall be made in conjunction with payment of
25salary to an employee under the personal services line item
26from the General Revenue Fund.

 

 

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1    (a-4) In fiscal years 2012 through 2017 2016 only, at the
2time of each payment of salary to an employee under the
3personal services line item from a fund other than the General
4Revenue Fund, payment shall be made for deposit into the State
5Employees' Retirement System of Illinois from the amount
6appropriated for State contributions to the State Employees'
7Retirement System of Illinois of an amount calculated at the
8rate certified for the applicable fiscal year by the Board of
9Trustees of the State Employees' Retirement System of Illinois
10under Section 14-135.08 of the Illinois Pension Code. In fiscal
11years 2012 through 2017 2016 only, no payment from
12appropriations for State contributions shall be made in
13conjunction with payment of salary to an employee under the
14personal services line item from the General Revenue Fund.
15    (b) Except during the period beginning on the effective
16date of this amendatory Act of the 93rd General Assembly and
17ending at the time of the payment of the final payroll from
18fiscal year 2004 appropriations, the State Comptroller shall
19not approve for payment any payroll voucher that (1) includes
20payments of salary to eligible employees in the State
21Employees' Retirement System of Illinois and (2) does not
22include the corresponding payment of State contributions to
23that retirement system at the full rate certified under Section
2414-135.08 for that fiscal year for eligible employees, unless
25the balance in the fund on which the payroll voucher is drawn
26is insufficient to pay the total payroll voucher, or

 

 

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1unavailable due to any limitation on appropriations that may
2apply, including, but not limited to, limitations on
3appropriations from the Road Fund under Section 8.3 of the
4State Finance Act. If the State Comptroller approves a payroll
5voucher under this Section for which the fund balance is
6insufficient to pay the full amount of the required State
7contribution to the State Employees' Retirement System, the
8Comptroller shall promptly so notify the Retirement System.
9    (b-1) For fiscal year 2010 and fiscal year 2011 only, the
10State Comptroller shall not approve for payment any non-General
11Revenue Fund payroll voucher that (1) includes payments of
12salary to eligible employees in the State Employees' Retirement
13System of Illinois and (2) does not include the corresponding
14payment of State contributions to that retirement system at the
15full rate certified under Section 14-135.08 for that fiscal
16year for eligible employees, unless the balance in the fund on
17which the payroll voucher is drawn is insufficient to pay the
18total payroll voucher, or unavailable due to any limitation on
19appropriations that may apply, including, but not limited to,
20limitations on appropriations from the Road Fund under Section
218.3 of the State Finance Act. If the State Comptroller approves
22a payroll voucher under this Section for which the fund balance
23is insufficient to pay the full amount of the required State
24contribution to the State Employees' Retirement System of
25Illinois, the Comptroller shall promptly so notify the
26retirement system.

 

 

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1    (c) Notwithstanding any other provisions of law, beginning
2July 1, 2007, required State and employee contributions to the
3State Employees' Retirement System of Illinois relating to
4affected legislative staff employees shall be paid out of
5moneys appropriated for that purpose to the Commission on
6Government Forecasting and Accountability, rather than out of
7the lump-sum appropriations otherwise made for the payroll and
8other costs of those employees.
9    These payments must be made pursuant to payroll vouchers
10submitted by the employing entity as part of the regular
11payroll voucher process.
12    For the purpose of this subsection, "affected legislative
13staff employees" means legislative staff employees paid out of
14lump-sum appropriations made to the General Assembly, an
15Officer of the General Assembly, or the Senate Operations
16Commission, but does not include district-office staff or
17employees of legislative support services agencies.
18(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
19eff. 7-9-15.)
 
20    Section 10-10. The Illinois Pension Code is amended by
21changing Section 14-131 as follows:
 
22    (40 ILCS 5/14-131)
23    Sec. 14-131. Contributions by State.
24    (a) The State shall make contributions to the System by

 

 

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1appropriations of amounts which, together with other employer
2contributions from trust, federal, and other funds, employee
3contributions, investment income, and other income, will be
4sufficient to meet the cost of maintaining and administering
5the System on a 90% funded basis in accordance with actuarial
6recommendations.
7    For the purposes of this Section and Section 14-135.08,
8references to State contributions refer only to employer
9contributions and do not include employee contributions that
10are picked up or otherwise paid by the State or a department on
11behalf of the employee.
12    (b) The Board shall determine the total amount of State
13contributions required for each fiscal year on the basis of the
14actuarial tables and other assumptions adopted by the Board,
15using the formula in subsection (e).
16    The Board shall also determine a State contribution rate
17for each fiscal year, expressed as a percentage of payroll,
18based on the total required State contribution for that fiscal
19year (less the amount received by the System from
20appropriations under Section 8.12 of the State Finance Act and
21Section 1 of the State Pension Funds Continuing Appropriation
22Act, if any, for the fiscal year ending on the June 30
23immediately preceding the applicable November 15 certification
24deadline), the estimated payroll (including all forms of
25compensation) for personal services rendered by eligible
26employees, and the recommendations of the actuary.

 

 

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1    For the purposes of this Section and Section 14.1 of the
2State Finance Act, the term "eligible employees" includes
3employees who participate in the System, persons who may elect
4to participate in the System but have not so elected, persons
5who are serving a qualifying period that is required for
6participation, and annuitants employed by a department as
7described in subdivision (a)(1) or (a)(2) of Section 14-111.
8    (c) Contributions shall be made by the several departments
9for each pay period by warrants drawn by the State Comptroller
10against their respective funds or appropriations based upon
11vouchers stating the amount to be so contributed. These amounts
12shall be based on the full rate certified by the Board under
13Section 14-135.08 for that fiscal year. From the effective date
14of this amendatory Act of the 93rd General Assembly through the
15payment of the final payroll from fiscal year 2004
16appropriations, the several departments shall not make
17contributions for the remainder of fiscal year 2004 but shall
18instead make payments as required under subsection (a-1) of
19Section 14.1 of the State Finance Act. The several departments
20shall resume those contributions at the commencement of fiscal
21year 2005.
22    (c-1) Notwithstanding subsection (c) of this Section, for
23fiscal years 2010, 2012, 2013, 2014, 2015, and 2016, and 2017
24only, contributions by the several departments are not required
25to be made for General Revenue Funds payrolls processed by the
26Comptroller. Payrolls paid by the several departments from all

 

 

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1other State funds must continue to be processed pursuant to
2subsection (c) of this Section.
3    (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
4and 2016, and 2017 only, on or as soon as possible after the
515th day of each month, the Board shall submit vouchers for
6payment of State contributions to the System, in a total
7monthly amount of one-twelfth of the fiscal year General
8Revenue Fund contribution as certified by the System pursuant
9to Section 14-135.08 of the Illinois Pension Code.
10    (d) If an employee is paid from trust funds or federal
11funds, the department or other employer shall pay employer
12contributions from those funds to the System at the certified
13rate, unless the terms of the trust or the federal-State
14agreement preclude the use of the funds for that purpose, in
15which case the required employer contributions shall be paid by
16the State. From the effective date of this amendatory Act of
17the 93rd General Assembly through the payment of the final
18payroll from fiscal year 2004 appropriations, the department or
19other employer shall not pay contributions for the remainder of
20fiscal year 2004 but shall instead make payments as required
21under subsection (a-1) of Section 14.1 of the State Finance
22Act. The department or other employer shall resume payment of
23contributions at the commencement of fiscal year 2005.
24    (e) For State fiscal years 2012 through 2045, the minimum
25contribution to the System to be made by the State for each
26fiscal year shall be an amount determined by the System to be

 

 

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1sufficient to bring the total assets of the System up to 90% of
2the total actuarial liabilities of the System by the end of
3State fiscal year 2045. In making these determinations, the
4required State contribution shall be calculated each year as a
5level percentage of payroll over the years remaining to and
6including fiscal year 2045 and shall be determined under the
7projected unit credit actuarial cost method.
8    For State fiscal years 1996 through 2005, the State
9contribution to the System, as a percentage of the applicable
10employee payroll, shall be increased in equal annual increments
11so that by State fiscal year 2011, the State is contributing at
12the rate required under this Section; except that (i) for State
13fiscal year 1998, for all purposes of this Code and any other
14law of this State, the certified percentage of the applicable
15employee payroll shall be 5.052% for employees earning eligible
16creditable service under Section 14-110 and 6.500% for all
17other employees, notwithstanding any contrary certification
18made under Section 14-135.08 before the effective date of this
19amendatory Act of 1997, and (ii) in the following specified
20State fiscal years, the State contribution to the System shall
21not be less than the following indicated percentages of the
22applicable employee payroll, even if the indicated percentage
23will produce a State contribution in excess of the amount
24otherwise required under this subsection and subsection (a):
259.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
262002; 10.6% in FY 2003; and 10.8% in FY 2004.

 

 

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1    Notwithstanding any other provision of this Article, the
2total required State contribution to the System for State
3fiscal year 2006 is $203,783,900.
4    Notwithstanding any other provision of this Article, the
5total required State contribution to the System for State
6fiscal year 2007 is $344,164,400.
7    For each of State fiscal years 2008 through 2009, the State
8contribution to the System, as a percentage of the applicable
9employee payroll, shall be increased in equal annual increments
10from the required State contribution for State fiscal year
112007, so that by State fiscal year 2011, the State is
12contributing at the rate otherwise required under this Section.
13    Notwithstanding any other provision of this Article, the
14total required State General Revenue Fund contribution for
15State fiscal year 2010 is $723,703,100 and shall be made from
16the proceeds of bonds sold in fiscal year 2010 pursuant to
17Section 7.2 of the General Obligation Bond Act, less (i) the
18pro rata share of bond sale expenses determined by the System's
19share of total bond proceeds, (ii) any amounts received from
20the General Revenue Fund in fiscal year 2010, and (iii) any
21reduction in bond proceeds due to the issuance of discounted
22bonds, if applicable.
23    Notwithstanding any other provision of this Article, the
24total required State General Revenue Fund contribution for
25State fiscal year 2011 is the amount recertified by the System
26on or before April 1, 2011 pursuant to Section 14-135.08 and

 

 

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1shall be made from the proceeds of bonds sold in fiscal year
22011 pursuant to Section 7.2 of the General Obligation Bond
3Act, less (i) the pro rata share of bond sale expenses
4determined by the System's share of total bond proceeds, (ii)
5any amounts received from the General Revenue Fund in fiscal
6year 2011, and (iii) any reduction in bond proceeds due to the
7issuance of discounted bonds, if applicable.
8    Beginning in State fiscal year 2046, the minimum State
9contribution for each fiscal year shall be the amount needed to
10maintain the total assets of the System at 90% of the total
11actuarial liabilities of the System.
12    Amounts received by the System pursuant to Section 25 of
13the Budget Stabilization Act or Section 8.12 of the State
14Finance Act in any fiscal year do not reduce and do not
15constitute payment of any portion of the minimum State
16contribution required under this Article in that fiscal year.
17Such amounts shall not reduce, and shall not be included in the
18calculation of, the required State contributions under this
19Article in any future year until the System has reached a
20funding ratio of at least 90%. A reference in this Article to
21the "required State contribution" or any substantially similar
22term does not include or apply to any amounts payable to the
23System under Section 25 of the Budget Stabilization Act.
24    Notwithstanding any other provision of this Section, the
25required State contribution for State fiscal year 2005 and for
26fiscal year 2008 and each fiscal year thereafter, as calculated

 

 

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1under this Section and certified under Section 14-135.08, shall
2not exceed an amount equal to (i) the amount of the required
3State contribution that would have been calculated under this
4Section for that fiscal year if the System had not received any
5payments under subsection (d) of Section 7.2 of the General
6Obligation Bond Act, minus (ii) the portion of the State's
7total debt service payments for that fiscal year on the bonds
8issued in fiscal year 2003 for the purposes of that Section
97.2, as determined and certified by the Comptroller, that is
10the same as the System's portion of the total moneys
11distributed under subsection (d) of Section 7.2 of the General
12Obligation Bond Act. In determining this maximum for State
13fiscal years 2008 through 2010, however, the amount referred to
14in item (i) shall be increased, as a percentage of the
15applicable employee payroll, in equal increments calculated
16from the sum of the required State contribution for State
17fiscal year 2007 plus the applicable portion of the State's
18total debt service payments for fiscal year 2007 on the bonds
19issued in fiscal year 2003 for the purposes of Section 7.2 of
20the General Obligation Bond Act, so that, by State fiscal year
212011, the State is contributing at the rate otherwise required
22under this Section.
23    (f) After the submission of all payments for eligible
24employees from personal services line items in fiscal year 2004
25have been made, the Comptroller shall provide to the System a
26certification of the sum of all fiscal year 2004 expenditures

 

 

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1for personal services that would have been covered by payments
2to the System under this Section if the provisions of this
3amendatory Act of the 93rd General Assembly had not been
4enacted. Upon receipt of the certification, the System shall
5determine the amount due to the System based on the full rate
6certified by the Board under Section 14-135.08 for fiscal year
72004 in order to meet the State's obligation under this
8Section. The System shall compare this amount due to the amount
9received by the System in fiscal year 2004 through payments
10under this Section and under Section 6z-61 of the State Finance
11Act. If the amount due is more than the amount received, the
12difference shall be termed the "Fiscal Year 2004 Shortfall" for
13purposes of this Section, and the Fiscal Year 2004 Shortfall
14shall be satisfied under Section 1.2 of the State Pension Funds
15Continuing Appropriation Act. If the amount due is less than
16the amount received, the difference shall be termed the "Fiscal
17Year 2004 Overpayment" for purposes of this Section, and the
18Fiscal Year 2004 Overpayment shall be repaid by the System to
19the Pension Contribution Fund as soon as practicable after the
20certification.
21    (g) For purposes of determining the required State
22contribution to the System, the value of the System's assets
23shall be equal to the actuarial value of the System's assets,
24which shall be calculated as follows:
25    As of June 30, 2008, the actuarial value of the System's
26assets shall be equal to the market value of the assets as of

 

 

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1that date. In determining the actuarial value of the System's
2assets for fiscal years after June 30, 2008, any actuarial
3gains or losses from investment return incurred in a fiscal
4year shall be recognized in equal annual amounts over the
55-year period following that fiscal year.
6    (h) For purposes of determining the required State
7contribution to the System for a particular year, the actuarial
8value of assets shall be assumed to earn a rate of return equal
9to the System's actuarially assumed rate of return.
10    (i) After the submission of all payments for eligible
11employees from personal services line items paid from the
12General Revenue Fund in fiscal year 2010 have been made, the
13Comptroller shall provide to the System a certification of the
14sum of all fiscal year 2010 expenditures for personal services
15that would have been covered by payments to the System under
16this Section if the provisions of this amendatory Act of the
1796th General Assembly had not been enacted. Upon receipt of the
18certification, the System shall determine the amount due to the
19System based on the full rate certified by the Board under
20Section 14-135.08 for fiscal year 2010 in order to meet the
21State's obligation under this Section. The System shall compare
22this amount due to the amount received by the System in fiscal
23year 2010 through payments under this Section. If the amount
24due is more than the amount received, the difference shall be
25termed the "Fiscal Year 2010 Shortfall" for purposes of this
26Section, and the Fiscal Year 2010 Shortfall shall be satisfied

 

 

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1under Section 1.2 of the State Pension Funds Continuing
2Appropriation Act. If the amount due is less than the amount
3received, the difference shall be termed the "Fiscal Year 2010
4Overpayment" for purposes of this Section, and the Fiscal Year
52010 Overpayment shall be repaid by the System to the General
6Revenue Fund as soon as practicable after the certification.
7    (j) After the submission of all payments for eligible
8employees from personal services line items paid from the
9General Revenue Fund in fiscal year 2011 have been made, the
10Comptroller shall provide to the System a certification of the
11sum of all fiscal year 2011 expenditures for personal services
12that would have been covered by payments to the System under
13this Section if the provisions of this amendatory Act of the
1496th General Assembly had not been enacted. Upon receipt of the
15certification, the System shall determine the amount due to the
16System based on the full rate certified by the Board under
17Section 14-135.08 for fiscal year 2011 in order to meet the
18State's obligation under this Section. The System shall compare
19this amount due to the amount received by the System in fiscal
20year 2011 through payments under this Section. If the amount
21due is more than the amount received, the difference shall be
22termed the "Fiscal Year 2011 Shortfall" for purposes of this
23Section, and the Fiscal Year 2011 Shortfall shall be satisfied
24under Section 1.2 of the State Pension Funds Continuing
25Appropriation Act. If the amount due is less than the amount
26received, the difference shall be termed the "Fiscal Year 2011

 

 

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1Overpayment" for purposes of this Section, and the Fiscal Year
22011 Overpayment shall be repaid by the System to the General
3Revenue Fund as soon as practicable after the certification.
4    (k) For fiscal years 2012 through 2017 2016 only, after the
5submission of all payments for eligible employees from personal
6services line items paid from the General Revenue Fund in the
7fiscal year have been made, the Comptroller shall provide to
8the System a certification of the sum of all expenditures in
9the fiscal year for personal services. Upon receipt of the
10certification, the System shall determine the amount due to the
11System based on the full rate certified by the Board under
12Section 14-135.08 for the fiscal year in order to meet the
13State's obligation under this Section. The System shall compare
14this amount due to the amount received by the System for the
15fiscal year. If the amount due is more than the amount
16received, the difference shall be termed the "Prior Fiscal Year
17Shortfall" for purposes of this Section, and the Prior Fiscal
18Year Shortfall shall be satisfied under Section 1.2 of the
19State Pension Funds Continuing Appropriation Act. If the amount
20due is less than the amount received, the difference shall be
21termed the "Prior Fiscal Year Overpayment" for purposes of this
22Section, and the Prior Fiscal Year Overpayment shall be repaid
23by the System to the General Revenue Fund as soon as
24practicable after the certification.
25(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
26eff. 7-9-15.)
 

 

 

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1    Section 10-15. The State Pension Funds Continuing
2Appropriation Act is amended by changing Section 1.2 as
3follows:
 
4    (40 ILCS 15/1.2)
5    Sec. 1.2. Appropriations for the State Employees'
6Retirement System.
7    (a) From each fund from which an amount is appropriated for
8personal services to a department or other employer under
9Article 14 of the Illinois Pension Code, there is hereby
10appropriated to that department or other employer, on a
11continuing annual basis for each State fiscal year, an
12additional amount equal to the amount, if any, by which (1) an
13amount equal to the percentage of the personal services line
14item for that department or employer from that fund for that
15fiscal year that the Board of Trustees of the State Employees'
16Retirement System of Illinois has certified under Section
1714-135.08 of the Illinois Pension Code to be necessary to meet
18the State's obligation under Section 14-131 of the Illinois
19Pension Code for that fiscal year, exceeds (2) the amounts
20otherwise appropriated to that department or employer from that
21fund for State contributions to the State Employees' Retirement
22System for that fiscal year. From the effective date of this
23amendatory Act of the 93rd General Assembly through the final
24payment from a department or employer's personal services line

 

 

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1item for fiscal year 2004, payments to the State Employees'
2Retirement System that otherwise would have been made under
3this subsection (a) shall be governed by the provisions in
4subsection (a-1).
5    (a-1) If a Fiscal Year 2004 Shortfall is certified under
6subsection (f) of Section 14-131 of the Illinois Pension Code,
7there is hereby appropriated to the State Employees' Retirement
8System of Illinois on a continuing basis from the General
9Revenue Fund an additional aggregate amount equal to the Fiscal
10Year 2004 Shortfall.
11    (a-2) If a Fiscal Year 2010 Shortfall is certified under
12subsection (i) of Section 14-131 of the Illinois Pension Code,
13there is hereby appropriated to the State Employees' Retirement
14System of Illinois on a continuing basis from the General
15Revenue Fund an additional aggregate amount equal to the Fiscal
16Year 2010 Shortfall.
17    (a-3) If a Prior Fiscal Year Shortfall is certified under
18subsection (k) of Section 14-131 of the Illinois Pension Code,
19there is hereby appropriated to the State Employees' Retirement
20System of Illinois on a continuing basis from the General
21Revenue Fund an additional aggregate amount equal to the Prior
22Fiscal Year Shortfall.
23    (b) The continuing appropriations provided for by this
24Section shall first be available in State fiscal year 1996.
25    (c) Beginning in Fiscal Year 2005, any continuing
26appropriation under this Section arising out of an

 

 

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1appropriation for personal services from the Road Fund to the
2Department of State Police or the Secretary of State shall be
3payable from the General Revenue Fund rather than the Road
4Fund.
5    (d) For State fiscal year 2010 only, a continuing
6appropriation is provided to the State Employees' Retirement
7System equal to the amount certified by the System on or before
8December 31, 2008, less the gross proceeds of the bonds sold in
9fiscal year 2010 under the authorization contained in
10subsection (a) of Section 7.2 of the General Obligation Bond
11Act.
12    (e) For State fiscal year 2011 only, the continuing
13appropriation under this Section provided to the State
14Employees' Retirement System is limited to an amount equal to
15the amount certified by the System on or before December 31,
162009, less any amounts received pursuant to subsection (a-3) of
17Section 14.1 of the State Finance Act.
18    (f) For State fiscal year 2011 only, a continuing
19appropriation is provided to the State Employees' Retirement
20System equal to the amount certified by the System on or before
21April 1, 2011, less the gross proceeds of the bonds sold in
22fiscal year 2011 under the authorization contained in
23subsection (a) of Section 7.2 of the General Obligation Bond
24Act.
25(Source: P.A. 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
 

 

 

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1    Section 10-20. The Uniform Disposition of Unclaimed
2Property Act is amended by changing Section 18 as follows:
 
3    (765 ILCS 1025/18)  (from Ch. 141, par. 118)
4    Sec. 18. Deposit of funds received under the Act.
5    (a) The State Treasurer shall retain all funds received
6under this Act, including the proceeds from the sale of
7abandoned property under Section 17, in a trust fund known as
8the Unclaimed Property Trust Fund. The State Treasurer may
9deposit any amount in the Unclaimed Property Trust Fund into
10the State Pensions Fund during the fiscal year at his or her
11discretion; however, he or she shall, on April 15 and October
1215 of each year, deposit any amount in the Unclaimed Property
13Trust Fund trust fund exceeding $2,500,000 into the State
14Pensions Fund. If on either April 15 or October 15, the State
15Treasurer determines that a balance of $2,500,000 is
16insufficient for the prompt payment of unclaimed property
17claims authorized under this Act, the Treasurer may retain more
18than $2,500,000 in the Unclaimed Property Trust Fund in order
19to ensure the prompt payment of claims. Beginning in State
20fiscal year 2018 2017, all amounts that are deposited into the
21State Pensions Fund from the Unclaimed Property Trust Fund
22shall be apportioned to the designated retirement systems as
23provided in subsection (c-6) of Section 8.12 of the State
24Finance Act to reduce their actuarial reserve deficiencies. He
25or she shall make prompt payment of claims he or she duly

 

 

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1allows as provided for in this Act for the Unclaimed Property
2Trust Fund trust fund. Before making the deposit the State
3Treasurer shall record the name and last known address of each
4person appearing from the holders' reports to be entitled to
5the abandoned property. The record shall be available for
6public inspection during reasonable business hours.
7    (b) Before making any deposit to the credit of the State
8Pensions Fund, the State Treasurer may deduct: (1) any costs in
9connection with sale of abandoned property, (2) any costs of
10mailing and publication in connection with any abandoned
11property, and (3) any costs in connection with the maintenance
12of records or disposition of claims made pursuant to this Act.
13The State Treasurer shall semiannually file an itemized report
14of all such expenses with the Legislative Audit Commission.
15(Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674,
16eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15.)
 
17
ARTICLE 15. TOURISM FUNDS CONSOLIDATION

 
18    Section 15-5. The Department of Commerce and Economic
19Opportunity Law of the Civil Administrative Code of Illinois is
20amended by changing Sections 605-705, 605-707, and 605-710 as
21follows:
 
22    (20 ILCS 605/605-705)  (was 20 ILCS 605/46.6a)
23    Sec. 605-705. Grants to local tourism and convention

 

 

SB3440- 117 -LRB099 22296 JWD 49713 b

1bureaus.
2    (a) To establish a grant program for local tourism and
3convention bureaus. The Department will develop and implement a
4program for the use of funds, as authorized under this Act, by
5local tourism and convention bureaus. For the purposes of this
6Act, bureaus eligible to receive funds are those local tourism
7and convention bureaus that are (i) either units of local
8government or incorporated as not-for-profit organizations;
9(ii) in legal existence for a minimum of 2 years before July 1,
102001; (iii) operating with a paid, full-time staff whose sole
11purpose is to promote tourism in the designated service area;
12and (iv) affiliated with one or more municipalities or counties
13that support the bureau with local hotel-motel taxes. After
14July 1, 2001, bureaus requesting certification in order to
15receive funds for the first time must be local tourism and
16convention bureaus that are (i) either units of local
17government or incorporated as not-for-profit organizations;
18(ii) in legal existence for a minimum of 2 years before the
19request for certification; (iii) operating with a paid,
20full-time staff whose sole purpose is to promote tourism in the
21designated service area; and (iv) affiliated with multiple
22municipalities or counties that support the bureau with local
23hotel-motel taxes. Each bureau receiving funds under this Act
24will be certified by the Department as the designated recipient
25to serve an area of the State. Notwithstanding the criteria set
26forth in this subsection (a), or any rule adopted under this

 

 

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1subsection (a), the Director of the Department may provide for
2the award of grant funds to one or more entities if in the
3Department's judgment that action is necessary in order to
4prevent a loss of funding critical to promoting tourism in a
5designated geographic area of the State.
6    (b) To distribute grants to local tourism and convention
7bureaus from appropriations made from the Local Tourism Fund or
8the Tourism Promotion Fund for that purpose. Of the amounts
9appropriated annually to the Department for expenditure under
10this Section prior to July 1, 2011, one-third of those monies
11shall be used for grants to convention and tourism bureaus in
12cities with a population greater than 500,000. The remaining
13two-thirds of the annual appropriation prior to July 1, 2011
14shall be used for grants to convention and tourism bureaus in
15the remainder of the State, in accordance with a formula based
16upon the population served. Of the amounts appropriated
17annually to the Department for expenditure under this Section
18beginning July 1, 2011, 18% of such moneys shall be used for
19grants to convention and tourism bureaus in cities with a
20population greater than 500,000. Of the amounts appropriated
21annually to the Department for expenditure under this Section
22beginning July 1, 2011, 82% of such moneys shall be used for
23grants to convention bureaus in the remainder of the State, in
24accordance with a formula based upon the population served. The
25Department may reserve up to 10% of total local tourism funds
26available for costs of administering the program to conduct

 

 

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1audits of grants, to provide incentive funds to those bureaus
2that will conduct promotional activities designed to further
3the Department's statewide advertising campaign, to fund
4special statewide promotional activities, and to fund
5promotional activities that support an increased use of the
6State's parks or historic sites. The Department shall require
7that any convention and tourism bureau receiving a grant under
8this Section that requires matching funds shall provide
9matching funds equal to no less than 50% of the grant amount.
10During fiscal year 2013, the Department shall reserve
11$2,000,000 of the available local tourism funds for
12appropriation to the Historic Preservation Agency for the
13operation of the Abraham Lincoln Presidential Library and
14Museum and State historic sites.
15    (c) Notwithstanding any other provision of law, in addition
16to any other transfers that may be provided by law, on July 1,
172016, or as soon thereafter as practical, the State Comptroller
18shall direct and the State Treasurer shall transfer the
19remaining balance from the Local Tourism Fund into the Tourism
20Promotion Fund. Upon completion of the transfers, the Local
21Tourism Fund is dissolved, and any future deposits due to that
22Fund and any outstanding obligations or liabilities of that
23Fund pass to the Tourism Promotion Fund.
24(Source: P.A. 97-617, eff. 10-26-11; 97-732, eff. 6-30-12;
2598-252, eff. 8-9-13.)
 

 

 

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1    (20 ILCS 605/605-707)  (was 20 ILCS 605/46.6d)
2    Sec. 605-707. International Tourism Program.
3    (a) The Department of Commerce and Economic Opportunity
4must establish a program for international tourism. The
5Department shall develop and implement the program on January
61, 2000 by rule. As part of the program, the Department may
7work in cooperation with local convention and tourism bureaus
8in Illinois in the coordination of international tourism
9efforts at the State and local level. The Department may (i)
10work in cooperation with local convention and tourism bureaus
11for efficient use of their international tourism marketing
12resources, (ii) promote Illinois in international meetings and
13tourism markets, (iii) work with convention and tourism bureaus
14throughout the State to increase the number of international
15tourists to Illinois, (iv) provide training, research,
16technical support, and grants to certified convention and
17tourism bureaus, (v) provide staff, administration, and
18related support required to manage the programs under this
19Section, and (vi) provide grants for the development of or the
20enhancement of international tourism attractions.
21    (b) The Department shall make grants for expenses related
22to international tourism and pay for the staffing,
23administration, and related support from the International
24Tourism Fund, a special fund created in the State Treasury, or
25the Tourism Promotion Fund. Of the amounts deposited into the
26Fund in fiscal year 2000 after January 1, 2000 through fiscal

 

 

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1year 2011, 55% shall be used for grants to convention and
2tourism bureaus in Chicago (other than the City of Chicago's
3Office of Tourism) and 45% shall be used for development of
4international tourism in areas outside of Chicago. Of the
5amounts deposited into the Fund in fiscal year 2001 and
6thereafter, 55% shall be used for grants to convention and
7tourism bureaus in Chicago, and of that amount not less than
827.5% shall be used for grants to convention and tourism
9bureaus in Chicago other than the City of Chicago's Office of
10Tourism, and 45% shall be used for administrative expenses and
11grants authorized under this Section and development of
12international tourism in areas outside of Chicago, of which not
13less than $1,000,000 shall be used annually to make grants to
14convention and tourism bureaus in cities other than Chicago
15that demonstrate their international tourism appeal and
16request to develop or expand their international tourism
17marketing program, and may also be used to provide grants under
18item (vi) of subsection (a) of this Section. All of the amounts
19deposited into the Fund in fiscal year 2012 and thereafter
20shall be used for administrative expenses and grants authorized
21under this Section and development of international tourism in
22areas outside of Chicago, of which not less than $1,000,000
23shall be used annually to make grants to convention and tourism
24bureaus in cities other than Chicago that demonstrate their
25international tourism appeal and request to develop or expand
26their international tourism marketing program, and may also be

 

 

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1used to provide grants under item (vi) of subsection (a) of
2this Section. Amounts appropriated to the State Comptroller for
3administrative expenses and grants authorized by the Illinois
4Global Partnership Act are payable from the International
5Tourism Fund.
6    (c) A convention and tourism bureau is eligible to receive
7grant moneys under this Section if the bureau is certified to
8receive funds under Title 14 of the Illinois Administrative
9Code, Section 550.35. To be eligible for a grant, a convention
10and tourism bureau must provide matching funds equal to the
11grant amount. The Department shall require that any convention
12and tourism bureau receiving a grant under this Section that
13requires matching funds shall provide matching funds equal to
14no less than 50% of the grant amount. In certain circumstances
15as determined by the Director of Commerce and Economic
16Opportunity, however, the City of Chicago's Office of Tourism
17or any other convention and tourism bureau may provide matching
18funds equal to no less than 50% of the grant amount to be
19eligible to receive the grant. One-half of this 50% may be
20provided through in-kind contributions. Grants received by the
21City of Chicago's Office of Tourism and by convention and
22tourism bureaus in Chicago may be expended for the general
23purposes of promoting conventions and tourism.
24    (d) Notwithstanding any other provision of law, in addition
25to any other transfers that may be provided by law, on July 1,
262016, or as soon thereafter as practical, the State Comptroller

 

 

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1shall direct and the State Treasurer shall transfer the
2remaining balance from the International Tourism Fund into the
3Tourism Promotion Fund. Upon completion of the transfers, the
4International Tourism Fund is dissolved, and any future
5deposits due to that Fund and any outstanding obligations or
6liabilities of that Fund pass to the Tourism Promotion Fund.
7(Source: P.A. 97-617, eff. 10-26-11; 97-732, eff. 6-30-12;
898-252, eff. 8-9-13.)
 
9    (20 ILCS 605/605-710)
10    Sec. 605-710. Regional tourism development organizations.
11    (a) The Department may, subject to appropriation, provide
12grants from the Tourism Promotion Fund for the administrative
13costs of not-for-profit regional tourism development
14organizations that assist the Department in developing tourism
15throughout a multi-county geographical area designated by the
16Department. Regional tourism development organizations
17receiving funds under this Section may be required by the
18Department to submit to audits of contracts awarded by the
19Department to determine whether the regional tourism
20development organization has performed all contractual
21obligations under those contracts.
22    Every employee of a regional tourism development
23organization receiving funds under this Section shall disclose
24to the organization's governing board and to the Department any
25economic interest that employee may have in any entity with

 

 

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1which the regional tourism development organization has
2contracted or to which the regional tourism development
3organization has granted funds.
4    (b) The Department, from moneys transferred from the
5General Revenue Fund to the Tourism Promotion Fund and
6appropriated from the Tourism Promotion Fund, shall first
7provide funding of $5,000,000 annually to a governmental entity
8with at least 2,000,000 square feet of exhibition space that
9has as part of its duties the promotion of cultural, scientific
10and trade exhibits and events within a county with a population
11of more than 3,000,000, to be used for any of the governmental
12entity's general corporate purposes.
13(Source: P.A. 92-11, eff. 6-11-01; 92-38, eff. 6-28-01; 92-651,
14eff. 7-11-02.)
 
15    Section 15-10. The Illinois Promotion Act is amended by
16changing Sections 4a, 5, and 8 as follows:
 
17    (20 ILCS 665/4a)  (from Ch. 127, par. 200-24a)
18    Sec. 4a. Funds.
19    (1) All moneys deposited in the Tourism Promotion Fund
20pursuant to this subsection are allocated to the Department for
21utilization, as appropriated, in the performance of its powers
22under Section 4; except that during fiscal year 2013, the
23Department shall reserve $9,800,000 of the total funds
24available for appropriation in the Tourism Promotion Fund for

 

 

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1appropriation to the Historic Preservation Agency for the
2operation of the Abraham Lincoln Presidential Library and
3Museum and State historic sites.
4    As soon as possible after the first day of each month,
5beginning July 1, 1997 and ending on June 30, 2016, upon
6certification of the Department of Revenue, the Comptroller
7shall order transferred and the Treasurer shall transfer from
8the General Revenue Fund to the Tourism Promotion Fund an
9amount equal to 13% of the net revenue realized from the Hotel
10Operators' Occupation Tax Act plus an amount equal to 13% of
11the net revenue realized from any tax imposed under Section
124.05 of the Chicago World's Fair-1992 Authority Act during the
13preceding month. "Net revenue realized for a month" means the
14revenue collected by the State under that Act during the
15previous month less the amount paid out during that same month
16as refunds to taxpayers for overpayment of liability under that
17Act.
18    (1.1) (Blank).
19    (2) As soon as possible after the first day of each month,
20beginning July 1, 1997 and ending on June 30, 2016, upon
21certification of the Department of Revenue, the Comptroller
22shall order transferred and the Treasurer shall transfer from
23the General Revenue Fund to the Tourism Promotion Fund an
24amount equal to 8% of the net revenue realized from the Hotel
25Operators' Occupation Tax plus an amount equal to 8% of the net
26revenue realized from any tax imposed under Section 4.05 of the

 

 

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1Chicago World's Fair-1992 Authority Act during the preceding
2month. "Net revenue realized for a month" means the revenue
3collected by the State under that Act during the previous month
4less the amount paid out during that same month as refunds to
5taxpayers for overpayment of liability under that Act.
6    All monies deposited in the Tourism Promotion Fund under
7this subsection (2) shall be used solely as provided in this
8subsection to advertise and promote tourism throughout
9Illinois. Appropriations of monies deposited in the Tourism
10Promotion Fund pursuant to this subsection (2) shall be used
11solely for advertising to promote tourism, including but not
12limited to advertising production and direct advertisement
13costs, but shall not be used to employ any additional staff,
14finance any individual event, or lease, rent or purchase any
15physical facilities. The Department shall coordinate its
16advertising under this subsection (2) with other public and
17private entities in the State engaged in similar promotion
18activities. Print or electronic media production made pursuant
19to this subsection (2) for advertising promotion shall not
20contain or include the physical appearance of or reference to
21the name or position of any public officer. "Public officer"
22means a person who is elected to office pursuant to statute, or
23who is appointed to an office which is established, and the
24qualifications and duties of which are prescribed, by statute,
25to discharge a public duty for the State or any of its
26political subdivisions.

 

 

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1    (3) Notwithstanding anything in this Section to the
2contrary, amounts transferred from the General Revenue Fund to
3the Tourism Promotion Fund pursuant to this Section shall not
4exceed $26,300,000 in State fiscal year 2012.
5    (4) As soon as possible after the first day of each month,
6beginning July 1, 2016, if the amount of revenue deposited into
7the Tourism Promotion Fund under subsection (c) of Section 6 of
8the Hotel Operators' Occupation Tax Act is less than 21% of the
9net revenue realized from the Hotel Operators' Occupation Tax
10during the preceding month, then, upon certification of the
11Department of Revenue, the State Comptroller shall direct and
12the State Treasurer shall transfer from the General Revenue
13Fund to the Tourism Promotion Fund an amount equal to the
14difference between 21% of the net revenue realized from the
15Hotel Operators' Occupation Tax during the preceding month and
16the amount of revenue deposited into the Tourism Promotion Fund
17under subsection (c) of Section 6 of the Hotel Operators'
18Occupation Tax Act.
19    (5) Beginning on July 1, 2016, moneys deposited into the
20Tourism Promotion Fund under subsection (c) of Section 6 of the
21Hotel Operators' Occupation Tax Act may be used by the
22Department of Commerce and Economic Opportunity for the
23purposes authorized in the Illinois Promotion Act and for
24advertising to promote tourism, including but not limited to
25advertising production and direct advertisement costs.
26(Source: P.A. 97-641, eff. 12-19-11; 97-732, eff. 6-30-12.)
 

 

 

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1    (20 ILCS 665/5)  (from Ch. 127, par. 200-25)
2    Sec. 5. Marketing and private sector programs.
3    (a) The Department is authorized to make grants, subject to
4appropriation, from funds transferred into the Tourism
5Promotion Fund under subsection (1) of Section 4a to counties,
6municipalities, not-for-profit organizations, and local
7promotion groups and to assist such counties, municipalities
8and local promotion groups in the promotion of tourism
9attractions and tourism events. The Department, after review of
10the application and if satisfied that the program and proposed
11expenditures of the applicant appear to be in accord with the
12purposes of this Act, must grant to the applicant an amount not
13to exceed 60% of the proposed expenditures.
14    (b) The Department may make grants, subject to
15appropriation, from funds transferred into the Tourism
16Promotion Fund under subsection (1) of Section 4a to counties,
17municipalities, not-for-profit organizations, local promotion
18groups, and for-profit businesses to assist in attracting and
19hosting tourism events matched with funds from sources in the
20private sector. The Department, after review of the application
21and if satisfied that the program and proposed expenditures of
22the applicant appear to be in accord with the purposes of this
23Act, must grant to the applicant an amount not to exceed 50% of
24the proposed expenditures.
25    Before any such grant may be made the county, municipality,

 

 

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1not-for-profit organization, local promotion group, or
2for-profit business must make application to the Department for
3such grant, setting forth the studies, surveys and
4investigations proposed to be made and other activities
5proposed to be undertaken. The application shall further state,
6under oath or affirmation, with evidence thereof satisfactory
7to the Department, the amount of funds held by, committed to or
8subscribed to, and proposed to be expended by, the applicant
9for the purposes herein described and the amount of the grant
10for which application is made.
11(Source: P.A. 92-38, eff. 6-28-01.)
 
12    (20 ILCS 665/8)  (from Ch. 127, par. 200-28)
13    Sec. 8. Allocation of appropriations.
14    (1) Amounts transferred under subsection (1) of Section 4a
15that are appropriated from the Tourism Promotion Fund to the
16Department for the purpose of making grants under Sections 5
17and 6 of this Act shall be allocated by the Department as
18follows:
19        (a) 62.5% to local promotion groups, municipalities,
20    and counties not wholly or partially within any county of
21    more than 1 million population;
22        (b) 37.5% to local promotion groups, municipalities,
23    and counties wholly or partially within any county of more
24    than 1 million population.
25    However, if sufficient local funds cannot be raised to

 

 

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1match the allocation made under either paragraph (a) or (b) of
2this subsection, such appropriations may be reallocated, in
3whole or in part, to any applicant or applicants able to
4qualify for a grant or may be used by the Department to promote
5the tourist attractions of the State of Illinois as a whole.
6    (2) Amounts transferred under subsection (1) of Section 4a
7that are appropriated from the Tourism Promotion Fund to the
8Department for the purpose of making grants under Sections 5
9and 6 of this Act to match funds from the private sector may be
10used by the Department in any county of this State.
11(Source: P.A. 90-26, eff. 7-1-97.)
 
12    (30 ILCS 105/5.162 rep.)
13    (30 ILCS 105/5.523 rep.)
14    (30 ILCS 105/5.810 rep.)
15    Section 15-15. The State Finance Act is amended by
16repealing Sections 5.162, 5.523, and 5.810.
 
17    Section 15-20. The Hotel Operators' Occupation Tax Act is
18amended by changing Section 6 as follows:
 
19    (35 ILCS 145/6)  (from Ch. 120, par. 481b.36)
20    Sec. 6. Filing of returns and distribution of proceeds.
21    (a) Except as provided hereinafter in this Section, on or
22before the last day of each calendar month, every person
23engaged in the business of renting, leasing or letting rooms in

 

 

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1a hotel in this State during the preceding calendar month shall
2file a return with the Department, stating:
3        1. The name of the operator;
4        2. His residence address and the address of his
5    principal place of business and the address of the
6    principal place of business (if that is a different
7    address) from which he engages in the business of renting,
8    leasing or letting rooms in a hotel in this State;
9        3. Total amount of rental receipts received by him
10    during the preceding calendar month from renting, leasing
11    or letting rooms during such preceding calendar month;
12        4. Total amount of rental receipts received by him
13    during the preceding calendar month from renting, leasing
14    or letting rooms to permanent residents during such
15    preceding calendar month;
16        5. Total amount of other exclusions from gross rental
17    receipts allowed by this Act;
18        6. Gross rental receipts which were received by him
19    during the preceding calendar month and upon the basis of
20    which the tax is imposed;
21        7. The amount of tax due;
22        8. Such other reasonable information as the Department
23    may require.
24    If the operator's average monthly tax liability to the
25Department does not exceed $200, the Department may authorize
26his returns to be filed on a quarter annual basis, with the

 

 

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1return for January, February and March of a given year being
2due by April 30 of such year; with the return for April, May
3and June of a given year being due by July 31 of such year; with
4the return for July, August and September of a given year being
5due by October 31 of such year, and with the return for
6October, November and December of a given year being due by
7January 31 of the following year.
8    If the operator's average monthly tax liability to the
9Department does not exceed $50, the Department may authorize
10his returns to be filed on an annual basis, with the return for
11a given year being due by January 31 of the following year.
12    Such quarter annual and annual returns, as to form and
13substance, shall be subject to the same requirements as monthly
14returns.
15    Notwithstanding any other provision in this Act concerning
16the time within which an operator may file his return, in the
17case of any operator who ceases to engage in a kind of business
18which makes him responsible for filing returns under this Act,
19such operator shall file a final return under this Act with the
20Department not more than 1 month after discontinuing such
21business.
22    Where the same person has more than 1 business registered
23with the Department under separate registrations under this
24Act, such person shall not file each return that is due as a
25single return covering all such registered businesses, but
26shall file separate returns for each such registered business.

 

 

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1    In his return, the operator shall determine the value of
2any consideration other than money received by him in
3connection with the renting, leasing or letting of rooms in the
4course of his business and he shall include such value in his
5return. Such determination shall be subject to review and
6revision by the Department in the manner hereinafter provided
7for the correction of returns.
8    Where the operator is a corporation, the return filed on
9behalf of such corporation shall be signed by the president,
10vice-president, secretary or treasurer or by the properly
11accredited agent of such corporation.
12    The person filing the return herein provided for shall, at
13the time of filing such return, pay to the Department the
14amount of tax herein imposed. The operator filing the return
15under this Section shall, at the time of filing such return,
16pay to the Department the amount of tax imposed by this Act
17less a discount of 2.1% or $25 per calendar year, whichever is
18greater, which is allowed to reimburse the operator for the
19expenses incurred in keeping records, preparing and filing
20returns, remitting the tax and supplying data to the Department
21on request.
22    (b) There shall be deposited in the Build Illinois Fund in
23the State Treasury for each State fiscal year 40% of the amount
24of total net proceeds from the tax imposed by subsection (a) of
25Section 3. Of the remaining 60%, $5,000,000 shall be deposited
26in the Illinois Sports Facilities Fund and credited to the

 

 

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1Subsidy Account each fiscal year by making monthly deposits in
2the amount of 1/8 of $5,000,000 plus cumulative deficiencies in
3such deposits for prior months, and an additional $8,000,000
4shall be deposited in the Illinois Sports Facilities Fund and
5credited to the Advance Account each fiscal year by making
6monthly deposits in the amount of 1/8 of $8,000,000 plus any
7cumulative deficiencies in such deposits for prior months;
8provided, that for fiscal years ending after June 30, 2001, the
9amount to be so deposited into the Illinois Sports Facilities
10Fund and credited to the Advance Account each fiscal year shall
11be increased from $8,000,000 to the then applicable Advance
12Amount and the required monthly deposits beginning with July
132001 shall be in the amount of 1/8 of the then applicable
14Advance Amount plus any cumulative deficiencies in those
15deposits for prior months. (The deposits of the additional
16$8,000,000 or the then applicable Advance Amount, as
17applicable, during each fiscal year shall be treated as
18advances of funds to the Illinois Sports Facilities Authority
19for its corporate purposes to the extent paid to the Authority
20or its trustee and shall be repaid into the General Revenue
21Fund in the State Treasury by the State Treasurer on behalf of
22the Authority pursuant to Section 19 of the Illinois Sports
23Facilities Authority Act, as amended. If in any fiscal year the
24full amount of the then applicable Advance Amount is not repaid
25into the General Revenue Fund, then the deficiency shall be
26paid from the amount in the Local Government Distributive Fund

 

 

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1that would otherwise be allocated to the City of Chicago under
2the State Revenue Sharing Act.)
3    For purposes of the foregoing paragraph, the term "Advance
4Amount" means, for fiscal year 2002, $22,179,000, and for
5subsequent fiscal years through fiscal year 2032, 105.615% of
6the Advance Amount for the immediately preceding fiscal year,
7rounded up to the nearest $1,000.
8    Of the remaining 60% of the amount of total net proceeds
9prior to August 1, 2011 from the tax imposed by subsection (a)
10of Section 3 after all required deposits in the Illinois Sports
11Facilities Fund, the amount equal to 8% of the net revenue
12realized from this Act plus an amount equal to 8% of the net
13revenue realized from any tax imposed under Section 4.05 of the
14Chicago World's Fair-1992 Authority Act during the preceding
15month shall be deposited in the Local Tourism Fund each month
16for purposes authorized by Section 605-705 of the Department of
17Commerce and Economic Opportunity Law (20 ILCS 605/605-705). Of
18the remaining 60% of the amount of total net proceeds beginning
19on August 1, 2011 and ending on June 30, 2016 from the tax
20imposed by subsection (a) of Section 3 after all required
21deposits in the Illinois Sports Facilities Fund, an amount
22equal to 8% of the net revenue realized from this Act plus an
23amount equal to 8% of the net revenue realized from any tax
24imposed under Section 4.05 of the Chicago World's Fair-1992
25Authority Act during the preceding month shall be deposited as
26follows: 18% of such amount shall be deposited into the Chicago

 

 

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1Travel Industry Promotion Fund for the purposes described in
2subsection (n) of Section 5 of the Metropolitan Pier and
3Exposition Authority Act and the remaining 82% of such amount
4shall be deposited into the Local Tourism Fund each month for
5purposes authorized by Section 605-705 of the Department of
6Commerce and Economic Opportunity Law. Of the remaining 60% of
7the amount of total net proceeds beginning on July 1, 2016 from
8the tax imposed by subsection (a) of Section 3 after all
9required deposits in the Illinois Sports Facilities Fund, an
10amount equal to 8% of the net revenue realized from this Act
11during the preceding month shall be deposited as follows: 18%
12of such amount shall be deposited into the Tourism Promotion
13Fund for the purposes described in subsection (n) of Section 5
14of the Metropolitan Pier and Exposition Authority Act and the
15remaining 82% of such amount shall be deposited into the
16Tourism Promotion Fund each month for purposes authorized by
17Section 605-705 of the Department of Commerce and Economic
18Opportunity Law. Beginning on August 1, 1999 and ending on July
1931, 2011, an amount equal to 4.5% of the net revenue realized
20from the Hotel Operators' Occupation Tax Act during the
21preceding month shall be deposited into the International
22Tourism Fund for the purposes authorized in Section 605-707 of
23the Department of Commerce and Economic Opportunity Law.
24Beginning on August 1, 2011 and ending on June 30, 2016, an
25amount equal to 4.5% of the net revenue realized from this Act
26during the preceding month shall be deposited as follows: 55%

 

 

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1of such amount shall be deposited into the Chicago Travel
2Industry Promotion Fund for the purposes described in
3subsection (n) of Section 5 of the Metropolitan Pier and
4Exposition Authority Act and the remaining 45% of such amount
5deposited into the International Tourism Fund for the purposes
6authorized in Section 605-707 of the Department of Commerce and
7Economic Opportunity Law. Beginning on July 1, 2016, of the
8remaining 60% of the amount of total net proceeds beginning on
9July 1, 2016 from the tax imposed by subsection (a) of Section
103 after all required deposits in the Illinois Sports Facilities
11Fund, an amount equal to 4.5% of the net revenue realized from
12this Act during the preceding month shall be deposited as
13follows: 55% of such amount shall be deposited into the Tourism
14Promotion Fund for the purposes described in subsection (n) of
15Section 5 of the Metropolitan Pier and Exposition Authority Act
16and the remaining 45% of such amount deposited into the Tourism
17Promotion Fund for the purposes authorized in Section 605-707
18of the Department of Commerce and Economic Opportunity Law.
19"Net revenue realized for a month" means the revenue collected
20by the State under that Act during the previous month less the
21amount paid out during that same month as refunds to taxpayers
22for overpayment of liability under that Act.
23    (c) After making all these deposits, all other proceeds of
24the tax imposed under subsection (a) of Section 3 shall be
25deposited in the Tourism Promotion General Revenue Fund in the
26State Treasury. All moneys received by the Department from the

 

 

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1additional tax imposed under subsection (b) of Section 3 shall
2be deposited into the Build Illinois Fund in the State
3Treasury.
4    (d) The Department may, upon separate written notice to a
5taxpayer, require the taxpayer to prepare and file with the
6Department on a form prescribed by the Department within not
7less than 60 days after receipt of the notice an annual
8information return for the tax year specified in the notice.
9Such annual return to the Department shall include a statement
10of gross receipts as shown by the operator's last State income
11tax return. If the total receipts of the business as reported
12in the State income tax return do not agree with the gross
13receipts reported to the Department for the same period, the
14operator shall attach to his annual information return a
15schedule showing a reconciliation of the 2 amounts and the
16reasons for the difference. The operator's annual information
17return to the Department shall also disclose pay roll
18information of the operator's business during the year covered
19by such return and any additional reasonable information which
20the Department deems would be helpful in determining the
21accuracy of the monthly, quarterly or annual tax returns by
22such operator as hereinbefore provided for in this Section.
23    If the annual information return required by this Section
24is not filed when and as required the taxpayer shall be liable
25for a penalty in an amount determined in accordance with
26Section 3-4 of the Uniform Penalty and Interest Act until such

 

 

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1return is filed as required, the penalty to be assessed and
2collected in the same manner as any other penalty provided for
3in this Act.
4    The chief executive officer, proprietor, owner or highest
5ranking manager shall sign the annual return to certify the
6accuracy of the information contained therein. Any person who
7willfully signs the annual return containing false or
8inaccurate information shall be guilty of perjury and punished
9accordingly. The annual return form prescribed by the
10Department shall include a warning that the person signing the
11return may be liable for perjury.
12    The foregoing portion of this Section concerning the filing
13of an annual information return shall not apply to an operator
14who is not required to file an income tax return with the
15United States Government.
16(Source: P.A. 97-617, eff. 10-26-11.)
 
17    Section 15-25. The Metropolitan Pier and Exposition
18Authority Act is amended by changing Section 5 as follows:
 
19    (70 ILCS 210/5)  (from Ch. 85, par. 1225)
20    Sec. 5. The Metropolitan Pier and Exposition Authority
21shall also have the following rights and powers:
22        (a) To accept from Chicago Park Fair, a corporation, an
23    assignment of whatever sums of money it may have received
24    from the Fair and Exposition Fund, allocated by the

 

 

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1    Department of Agriculture of the State of Illinois, and
2    Chicago Park Fair is hereby authorized to assign, set over
3    and transfer any of those funds to the Metropolitan Pier
4    and Exposition Authority. The Authority has the right and
5    power hereafter to receive sums as may be distributed to it
6    by the Department of Agriculture of the State of Illinois
7    from the Fair and Exposition Fund pursuant to the
8    provisions of Sections 5, 6i, and 28 of the State Finance
9    Act. All sums received by the Authority shall be held in
10    the sole custody of the secretary-treasurer of the
11    Metropolitan Pier and Exposition Board.
12        (b) To accept the assignment of, assume and execute any
13    contracts heretofore entered into by Chicago Park Fair.
14        (c) To acquire, own, construct, equip, lease, operate
15    and maintain grounds, buildings and facilities to carry out
16    its corporate purposes and duties, and to carry out or
17    otherwise provide for the recreational, cultural,
18    commercial or residential development of Navy Pier, and to
19    fix and collect just, reasonable and nondiscriminatory
20    charges for the use thereof. The charges so collected shall
21    be made available to defray the reasonable expenses of the
22    Authority and to pay the principal of and the interest upon
23    any revenue bonds issued by the Authority. The Authority
24    shall be subject to and comply with the Lake Michigan and
25    Chicago Lakefront Protection Ordinance, the Chicago
26    Building Code, the Chicago Zoning Ordinance, and all

 

 

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1    ordinances and regulations of the City of Chicago contained
2    in the following Titles of the Municipal Code of Chicago:
3    Businesses, Occupations and Consumer Protection; Health
4    and Safety; Fire Prevention; Public Peace, Morals and
5    Welfare; Utilities and Environmental Protection; Streets,
6    Public Ways, Parks, Airports and Harbors; Electrical
7    Equipment and Installation; Housing and Economic
8    Development (only Chapter 5-4 thereof); and Revenue and
9    Finance (only so far as such Title pertains to the
10    Authority's duty to collect taxes on behalf of the City of
11    Chicago).
12        (d) To enter into contracts treating in any manner with
13    the objects and purposes of this Act.
14        (e) To lease any buildings to the Adjutant General of
15    the State of Illinois for the use of the Illinois National
16    Guard or the Illinois Naval Militia.
17        (f) To exercise the right of eminent domain by
18    condemnation proceedings in the manner provided by the
19    Eminent Domain Act, including, with respect to Site B only,
20    the authority to exercise quick take condemnation by
21    immediate vesting of title under Article 20 of the Eminent
22    Domain Act, to acquire any privately owned real or personal
23    property and, with respect to Site B only, public property
24    used for rail transportation purposes (but no such taking
25    of such public property shall, in the reasonable judgment
26    of the owner, interfere with such rail transportation) for

 

 

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1    the lawful purposes of the Authority in Site A, at Navy
2    Pier, and at Site B. Just compensation for property taken
3    or acquired under this paragraph shall be paid in money or,
4    notwithstanding any other provision of this Act and with
5    the agreement of the owner of the property to be taken or
6    acquired, the Authority may convey substitute property or
7    interests in property or enter into agreements with the
8    property owner, including leases, licenses, or
9    concessions, with respect to any property owned by the
10    Authority, or may provide for other lawful forms of just
11    compensation to the owner. Any property acquired in
12    condemnation proceedings shall be used only as provided in
13    this Act. Except as otherwise provided by law, the City of
14    Chicago shall have a right of first refusal prior to any
15    sale of any such property by the Authority to a third party
16    other than substitute property. The Authority shall
17    develop and implement a relocation plan for businesses
18    displaced as a result of the Authority's acquisition of
19    property. The relocation plan shall be substantially
20    similar to provisions of the Uniform Relocation Assistance
21    and Real Property Acquisition Act and regulations
22    promulgated under that Act relating to assistance to
23    displaced businesses. To implement the relocation plan the
24    Authority may acquire property by purchase or gift or may
25    exercise the powers authorized in this subsection (f),
26    except the immediate vesting of title under Article 20 of

 

 

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1    the Eminent Domain Act, to acquire substitute private
2    property within one mile of Site B for the benefit of
3    displaced businesses located on property being acquired by
4    the Authority. However, no such substitute property may be
5    acquired by the Authority unless the mayor of the
6    municipality in which the property is located certifies in
7    writing that the acquisition is consistent with the
8    municipality's land use and economic development policies
9    and goals. The acquisition of substitute property is
10    declared to be for public use. In exercising the powers
11    authorized in this subsection (f), the Authority shall use
12    its best efforts to relocate businesses within the area of
13    McCormick Place or, failing that, within the City of
14    Chicago.
15        (g) To enter into contracts relating to construction
16    projects which provide for the delivery by the contractor
17    of a completed project, structure, improvement, or
18    specific portion thereof, for a fixed maximum price, which
19    contract may provide that the delivery of the project,
20    structure, improvement, or specific portion thereof, for
21    the fixed maximum price is insured or guaranteed by a third
22    party capable of completing the construction.
23        (h) To enter into agreements with any person with
24    respect to the use and occupancy of the grounds, buildings,
25    and facilities of the Authority, including concession,
26    license, and lease agreements on terms and conditions as

 

 

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1    the Authority determines. Notwithstanding Section 24,
2    agreements with respect to the use and occupancy of the
3    grounds, buildings, and facilities of the Authority for a
4    term of more than one year shall be entered into in
5    accordance with the procurement process provided for in
6    Section 25.1.
7        (i) To enter into agreements with any person with
8    respect to the operation and management of the grounds,
9    buildings, and facilities of the Authority or the provision
10    of goods and services on terms and conditions as the
11    Authority determines.
12        (j) After conducting the procurement process provided
13    for in Section 25.1, to enter into one or more contracts to
14    provide for the design and construction of all or part of
15    the Authority's Expansion Project grounds, buildings, and
16    facilities. Any contract for design and construction of the
17    Expansion Project shall be in the form authorized by
18    subsection (g), shall be for a fixed maximum price not in
19    excess of the funds that are authorized to be made
20    available for those purposes during the term of the
21    contract, and shall be entered into before commencement of
22    construction.
23        (k) To enter into agreements, including project
24    agreements with labor unions, that the Authority deems
25    necessary to complete the Expansion Project or any other
26    construction or improvement project in the most timely and

 

 

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1    efficient manner and without strikes, picketing, or other
2    actions that might cause disruption or delay and thereby
3    add to the cost of the project.
4        (l) To provide incentives to organizations and
5    entities that agree to make use of the grounds, buildings,
6    and facilities of the Authority for conventions, meetings,
7    or trade shows. The incentives may take the form of
8    discounts from regular fees charged by the Authority,
9    subsidies for or assumption of the costs incurred with
10    respect to the convention, meeting, or trade show, or other
11    inducements. The Authority shall award incentives to
12    attract large conventions, meetings, and trade shows to its
13    facilities under the terms set forth in this subsection (l)
14    from amounts appropriated to the Authority from the
15    Metropolitan Pier and Exposition Authority Incentive Fund
16    for this purpose.
17        No later than May 15 of each year, the Chief Executive
18    Officer of the Metropolitan Pier and Exposition Authority
19    shall certify to the State Comptroller and the State
20    Treasurer the amounts of incentive grant funds used during
21    the current fiscal year to provide incentives for
22    conventions, meetings, or trade shows that (i) have been
23    approved by the Authority, in consultation with an
24    organization meeting the qualifications set out in Section
25    5.6 of this Act, provided the Authority has entered into a
26    marketing agreement with such an organization, (ii)

 

 

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1    demonstrate registered attendance in excess of 5,000
2    individuals or in excess of 10,000 individuals, as
3    appropriate, and (iii) but for the incentive, would not
4    have used the facilities of the Authority for the
5    convention, meeting, or trade show. The State Comptroller
6    may request that the Auditor General conduct an audit of
7    the accuracy of the certification. If the State Comptroller
8    determines by this process of certification that incentive
9    funds, in whole or in part, were disbursed by the Authority
10    by means other than in accordance with the standards of
11    this subsection (l), then any amount transferred to the
12    Metropolitan Pier and Exposition Authority Incentive Fund
13    shall be reduced during the next subsequent transfer in
14    direct proportion to that amount determined to be in
15    violation of the terms set forth in this subsection (l).
16        On July 15, 2012, the Comptroller shall order
17    transferred, and the Treasurer shall transfer, into the
18    Metropolitan Pier and Exposition Authority Incentive Fund
19    from the General Revenue Fund the sum of $7,500,000 plus an
20    amount equal to the incentive grant funds certified by the
21    Chief Executive Officer as having been lawfully paid under
22    the provisions of this Section in the previous 2 fiscal
23    years that have not otherwise been transferred into the
24    Metropolitan Pier and Exposition Authority Incentive Fund,
25    provided that transfers in excess of $15,000,000 shall not
26    be made in any fiscal year.

 

 

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

 

 

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1    order paid, and the Treasurer shall pay, the requested
2    amounts to the Metropolitan Pier and Exposition Authority.
3         In no case shall more than $5,000,000 be used in any
4    one year by the Authority for incentives granted
5    conventions, meetings, or trade shows with a registered
6    attendance of more than 5,000 and less than 10,000. Amounts
7    in the Metropolitan Pier and Exposition Authority
8    Incentive Fund shall only be used by the Authority for
9    incentives paid to attract large conventions, meetings,
10    and trade shows to its facilities as provided in this
11    subsection (l).
12        (l-5) The Village of Rosemont shall provide incentives
13    from amounts transferred into the Convention Center
14    Support Fund to retain and attract conventions, meetings,
15    or trade shows to the Donald E. Stephens Convention Center
16    under the terms set forth in this subsection (l-5).
17        No later than May 15 of each year, the Mayor of the
18    Village of Rosemont or his or her designee shall certify to
19    the State Comptroller and the State Treasurer the amounts
20    of incentive grant funds used during the previous fiscal
21    year to provide incentives for conventions, meetings, or
22    trade shows that (1) have been approved by the Village, (2)
23    demonstrate registered attendance in excess of 5,000
24    individuals, and (3) but for the incentive, would not have
25    used the Donald E. Stephens Convention Center facilities
26    for the convention, meeting, or trade show. The State

 

 

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1    Comptroller may request that the Auditor General conduct an
2    audit of the accuracy of the certification.
3        If the State Comptroller determines by this process of
4    certification that incentive funds, in whole or in part,
5    were disbursed by the Village by means other than in
6    accordance with the standards of this subsection (l-5),
7    then the amount transferred to the Convention Center
8    Support Fund shall be reduced during the next subsequent
9    transfer in direct proportion to that amount determined to
10    be in violation of the terms set forth in this subsection
11    (l-5).
12        On July 15, 2012, and each year thereafter, the
13    Comptroller shall order transferred, and the Treasurer
14    shall transfer, into the Convention Center Support Fund
15    from the General Revenue Fund the amount of $5,000,000 for
16    (i) incentives to attract large conventions, meetings, and
17    trade shows to the Donald E. Stephens Convention Center,
18    and (ii) to be used by the Village of Rosemont for the
19    repair, maintenance, and improvement of the Donald E.
20    Stephens Convention Center and for debt service on debt
21    instruments issued for those purposes by the village. No
22    later than 30 days after the transfer, the Comptroller
23    shall order paid, and the Treasurer shall pay, to the
24    Village of Rosemont the amounts transferred.
25        (m) To enter into contracts with any person conveying
26    the naming rights or other intellectual property rights

 

 

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1    with respect to the grounds, buildings, and facilities of
2    the Authority.
3        (n) To enter into grant agreements with the Chicago
4    Convention and Tourism Bureau providing for the marketing
5    of the convention facilities to large and small
6    conventions, meetings, and trade shows and the promotion of
7    the travel industry in the City of Chicago, provided such
8    agreements meet the requirements of Section 5.6 of this
9    Act. Receipts of the Authority from the increase in the
10    airport departure tax authorized by Public Act 96-898
11    Section 13(f) of this amendatory Act of the 96th General
12    Assembly and, subject to appropriation to the Authority,
13    funds deposited in the Chicago Travel Industry Promotion
14    Fund pursuant to Section 6 of the Hotel Operators'
15    Occupation Tax Act shall be granted to the Bureau for such
16    purposes.
17    Nothing in this Act shall be construed to authorize the
18Authority to spend the proceeds of any bonds or notes issued
19under Section 13.2 or any taxes levied under Section 13 to
20construct a stadium to be leased to or used by professional
21sports teams.
22    Notwithstanding any other provision of law, in addition to
23any other transfers that may be provided by law, on July 1,
242016, or as soon thereafter as practical, the State Comptroller
25shall direct and the State Treasurer shall transfer the
26remaining balance from the Chicago Travel Industry Promotion

 

 

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1Fund into the Tourism Promotion Fund. Upon completion of the
2transfers, the Chicago Travel Industry Promotion Fund is
3dissolved, and any future deposits due to that Fund and any
4outstanding obligations or liabilities of that Fund pass to the
5Tourism Promotion Fund.
6(Source: P.A. 97-617, eff. 10-26-11; 98-109, eff. 7-25-13.)
 
7
ARTICLE 20. GRANT ACCOUNTABILITY AND TRANSPARENCY ACT

 
8    Section 20-5. The State Finance Act is amended by adding
9Section 6z-101 as follows:
 
10    (30 ILCS 105/6z-101 new)
11    Sec. 6z-101. The Grant Accountability and Transparency
12Fund.
13    (a) The Grant Accountability and Transparency Fund is
14hereby created in the State Treasury. The following moneys
15shall be deposited into the Fund:
16        (1) grants, awards, appropriations, cost sharings,
17    inter-fund transfers, gifts, and bequests from any source,
18    public or private, in support of activities authorized
19    under the Grant Accountability and Transparency Act;
20        (2) federal funds received as a result of cost
21    allocation or indirect cost reimbursements;
22        (3) interest earned on moneys in the Fund; and
23        (4) receipts or inter-fund transfers resulting from

 

 

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1    billings issued by the Governor's Office of Management and
2    Budget to State agencies for the costs of services rendered
3    pursuant to the Grant Accountability and Transparency Act.
4    (b) State agencies may direct the Comptroller to process
5inter-fund transfers or make payment through the voucher and
6warrant process to the Grant Accountability and Transparency
7Fund in satisfaction of billings issued under subsection (a).
8    (c) Moneys in the Grant Accountability and Transparency
9Fund may be used by the Governor's Office of Management and
10Budget for costs in support of the implementation and
11administration of the Grant Accountability and Transparency
12Act and Budgeting for Results.
13    (d) The Governor's Office of Management and Budget may
14require reports from State agencies as deemed necessary to
15perform cost allocation reconciliations in connection with
16services provided and expenses incurred in the administration
17of the Grant Accountability and Transparency Act. In the event
18that, in any fiscal year, the payments or inter-fund transfers
19are in excess of the costs of services provided in that fiscal
20year, the Governor's Office of Management and Budget may use
21one or a combination of the following methods to return excess
22funds:
23        (1) order that the amounts owed by the State agency in
24    the following fiscal year be offset against such excess
25    amount;
26        (2) direct the Comptroller to process an inter-fund

 

 

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1    transfer; or
2        (3) make a refund payment.
 
3    Section 20-10. The Grant Accountability and Transparency
4Act is amended by changing Sections 20, 25, 55, 85, 90, and 100
5as follows:
 
6    (30 ILCS 708/20)
7    (Section scheduled to be repealed on July 16, 2019)
8    Sec. 20. Adoption of federal rules applicable to grants.
9    (a) On or before July 1, 2016 2015, the Governor's Office
10of Management and Budget, with the advice and technical
11assistance of the Illinois Single Audit Commission, shall adopt
12rules which adopt the Uniform Guidance at 2 CFR 200. The rules,
13which shall apply to all State and federal pass-through awards
14effective on and after July 1, 2016 2015, shall include the
15following:
16        (1) Administrative requirements. In accordance with
17    Subparts B through D of 2 CFR 200, the rules shall set
18    forth the uniform administrative requirements for grant
19    and cooperative agreements, including the requirements for
20    the management by State awarding agencies of federal grant
21    programs before State and federal pass-through awards have
22    been made and requirements that State awarding agencies may
23    impose on non-federal entities in State and federal
24    pass-through awards.

 

 

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1        (2) Cost principles. In accordance with Subpart E of 2
2    CFR 200, the rules shall establish principles for
3    determining the allowable costs incurred by non-federal
4    entities under State and federal pass-through awards. The
5    principles are intended for cost determination, but are not
6    intended to identify the circumstances or dictate the
7    extent of State or federal pass-through participation in
8    financing a particular program or project. The principles
9    shall provide that State and federal awards bear their fair
10    share of cost recognized under these principles, except
11    where restricted or prohibited by State or federal law.
12        (3) Audit and single audit requirements and audit
13    follow-up. In accordance with Subpart F of 2 CFR 200 and
14    the federal Single Audit Act Amendments of 1996, the rules
15    shall set forth standards to obtain consistency and
16    uniformity among State and federal pass-through awarding
17    agencies for the audit of non-federal entities expending
18    State and federal awards. These provisions shall also set
19    forth the policies and procedures for State and federal
20    pass-through entities when using the results of these
21    audits.
22        The provisions of this item (3) do not apply to
23    for-profit subrecipients because for-profit subrecipients
24    are not subject to the requirements of OMB Circular A-133,
25    Audits of States, Local and Non-Profit Organizations.
26    Audits of for-profit subrecipients must be conducted

 

 

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1    pursuant to a Program Audit Guide issued by the Federal
2    awarding agency. If a Program Audit Guide is not available,
3    the State awarding agency must prepare a Program Audit
4    Guide in accordance with the OMB Circular A-133 Compliance
5    Supplement. For-profit entities are subject to all other
6    general administrative requirements and cost principles
7    applicable to grants.
8    (b) This Act addresses only State and federal pass-through
9auditing functions and does not address the external audit
10function of the Auditor General.
11    (c) For public institutions of higher education, the
12provisions of this Section apply only to awards funded by State
13appropriations and federal pass-through awards from a State
14agency to public institutions of higher education. Federal
15pass-through awards from a State agency to public institutions
16of higher education are governed by and must comply with
17federal guidelines under 2 CFR 200.
18    (d) The State grant-making agency is responsible for
19establishing requirements, as necessary, to ensure compliance
20by for-profit subrecipients. The agreement with the for-profit
21subrecipient shall describe the applicable compliance
22requirements and the for-profit subrecipient's compliance
23responsibility. Methods to ensure compliance for State and
24federal pass-through awards made to for-profit subrecipients
25shall include pre-award, audits, monitoring during the
26agreement, and post-award audits. The Governor's Office of

 

 

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1Management and Budget shall provide such advice and technical
2assistance to the State grant-making agency as is necessary or
3indicated.
4(Source: P.A. 98-706, eff. 7-16-14.)
 
5    (30 ILCS 708/25)
6    (Section scheduled to be repealed on July 16, 2019)
7    Sec. 25. Supplemental rules. On or before July 1, 2017
82015, the Governor's Office of Management and Budget, with the
9advice and technical assistance of the Illinois Single Audit
10Commission, shall adopt supplemental rules pertaining to the
11following:
12        (1) Criteria to define mandatory formula-based grants
13    and discretionary grants.
14        (2) The award of one-year grants for new applicants.
15        (3) The award of competitive grants in 3-year terms
16    (one-year initial terms with the option to renew for up to
17    2 additional years) to coincide with the federal award.
18        (4) The issuance of grants, including:
19            (A) public notice of announcements of funding
20        opportunities;
21            (B) the development of uniform grant applications;
22            (C) State agency review of merit of proposals and
23        risk posed by applicants;
24            (D) specific conditions for individual recipients
25        (requiring the use of a fiscal agent and additional

 

 

SB3440- 157 -LRB099 22296 JWD 49713 b

1        corrective conditions);
2            (E) certifications and representations;
3            (F) pre-award costs;
4            (G) performance measures and statewide prioritized
5        goals under Section 50-25 of the State Budget Law of
6        the Civil Administrative Code of Illinois, commonly
7        referred to as "Budgeting for Results"; and
8            (H) for mandatory formula grants, the merit of the
9        proposal and the risk posed should result in additional
10        reporting, monitoring, or measures such as
11        reimbursement-basis only.
12        (5) The development of uniform budget requirements,
13    which shall include:
14            (A) mandatory submission of budgets as part of the
15        grant application process;
16            (B) mandatory requirements regarding contents of
17        the budget including, at a minimum, common detail line
18        items specified under guidelines issued by the
19        Governor's Office of Management and Budget;
20            (C) a requirement that the budget allow
21        flexibility to add lines describing costs that are
22        common for the services provided as outlined in the
23        grant application;
24            (D) a requirement that the budget include
25        information necessary for analyzing cost and
26        performance for use in the Budgeting for Results

 

 

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1        initiative; and
2            (E) caps on the amount of salaries that may be
3        charged to grants based on the limitations imposed by
4        federal agencies.
5        (6) The development of pre-qualification requirements
6    for applicants, including the fiscal condition of the
7    organization and the provision of the following
8    information:
9            (A) organization name;
10            (B) Federal Employee Identification Number;
11            (C) Data Universal Numbering System (DUNS) number;
12            (D) fiscal condition;
13            (E) whether the applicant is in good standing with
14        the Secretary of State;
15            (F) past performance in administering grants;
16            (G) whether the applicant is or has ever been on
17        the Debarred and Suspended List maintained by the
18        Governor's Office of Management and Budget;
19            (H) whether the applicant is or has ever been on
20        the federal Excluded Parties List; and
21            (I) whether the applicant is or has ever been on
22        the Sanctioned Party List maintained by the Illinois
23        Department of Healthcare and Family Services.
24    Nothing in this Act affects the provisions of the Fiscal
25Control and Internal Auditing Act nor the requirement that the
26management of each State agency is responsible for maintaining

 

 

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1effective internal controls under that Act.
2    For public institutions of higher education, the
3provisions of this Section apply only to awards funded by State
4appropriations and federal pass-through awards from a State
5agency to public institutions of higher education.
6(Source: P.A. 98-706, eff. 7-16-14.)
 
7    (30 ILCS 708/55)
8    (Section scheduled to be repealed on July 16, 2019)
9    Sec. 55. The Governor's Office of Management and Budget
10responsibilities.
11    (a) The Governor's Office of Management and Budget shall:
12        (1) provide technical assistance and interpretations
13    of policy requirements in order to ensure effective and
14    efficient implementation of this Act by State grant-making
15    agencies; and
16        (2) have authority to approve any exceptions to the
17    requirements of this Act and shall adopt rules governing
18    the criteria to be considered when an exception is
19    requested; exceptions shall only be made in particular
20    cases where adequate justification is presented.
21    (b) The Governor's Office of Management and Budget shall,
22on or before July 1, 2016 2014, establish a centralized unit
23within the Governor's Office of Management and Budget. The
24centralized unit shall be known as the Grant Accountability and
25Transparency Unit and shall be funded with a portion of the

 

 

SB3440- 160 -LRB099 22296 JWD 49713 b

1administrative funds provided under existing and future State
2and federal pass-through grants. The amounts charged will be
3allocated based on the actual cost of the services provided to
4State grant-making agencies and public institutions of higher
5education in accordance with the applicable federal cost
6principles contained in 2 CFR 200 and this Act will not cause
7the reduction in the amount of any State or federal grant
8awards that have been or will be directed towards State
9agencies or public institutions of higher education.
10(Source: P.A. 98-706, eff. 7-16-14.)
 
11    (30 ILCS 708/85)
12    (Section scheduled to be repealed on July 16, 2019)
13    Sec. 85. Implementation date. The Governor's Office of
14Management and Budget shall adopt all rules required under this
15Act on or before July 1, 2017 2015.
16(Source: P.A. 98-706, eff. 7-16-14.)
 
17    (30 ILCS 708/90)
18    (Section scheduled to be repealed on July 16, 2019)
19    Sec. 90. Agency implementation. All State grant-making
20agencies shall implement the rules issued by the Governor's
21Office of Management and Budget on or before July 1, 2017 2015.
22The standards set forth in this Act, which affect
23administration of State and federal pass-through awards issued
24by State grant-making agencies, become effective once

 

 

SB3440- 161 -LRB099 22296 JWD 49713 b

1implemented by State grant-making agencies. State grant-making
2agencies shall implement the policies and procedures
3applicable to State and federal pass-through awards by adopting
4rules for non-federal entities by December 31, 2017 that shall
5take effect for fiscal years on and after December 26, 2014,
6unless different provisions are required by State or federal
7statute or federal rule.
8(Source: P.A. 98-706, eff. 7-16-14.)
 
9    (30 ILCS 708/100)
10    (Section scheduled to be repealed on July 16, 2019)
11    Sec. 100. Repeal. This Act is repealed on July 16, 2020 5
12years after the effective date of this Act.
13(Source: P.A. 98-706, eff. 7-16-14.)
 
14
ARTICLE 25. REFUNDING BONDS

 
15    Section 25-5. The General Obligation Bond Act is amended by
16changing Sections 2.5, 9, 11, and 16 as follows:
 
17    (30 ILCS 330/2.5)
18    Sec. 2.5. Limitation on issuance of Bonds.
19    (a) Except as provided in subsection (b), no Bonds may be
20issued if, after the issuance, in the next State fiscal year
21after the issuance of the Bonds, the amount of debt service
22(including principal, whether payable at maturity or pursuant

 

 

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1to mandatory sinking fund installments, and interest) on all
2then-outstanding Bonds, other than Bonds authorized by Public
3Act 96-43 and other than Bonds authorized by Public Act 96-1497
4this amendatory Act of the 96th General Assembly, would exceed
57% of the aggregate appropriations from the general funds
6(which consist of the General Revenue Fund, the Common School
7Fund, the General Revenue Common School Special Account Fund,
8and the Education Assistance Fund) and the Road Fund for the
9fiscal year immediately prior to the fiscal year of the
10issuance.
11    (b) If the Comptroller and Treasurer each consent in
12writing, Bonds may be issued even if the issuance does not
13comply with subsection (a). In addition, Bonds may be issued
14during State fiscal year 2017 without complying with subsection
15(a).
16(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11.)
 
17    (30 ILCS 330/9)  (from Ch. 127, par. 659)
18    Sec. 9. Conditions for Issuance and Sale of Bonds -
19Requirements for Bonds.
20    (a) Except as otherwise provided in this subsection, Bonds
21shall be issued and sold from time to time, in one or more
22series, in such amounts and at such prices as may be directed
23by the Governor, upon recommendation by the Director of the
24Governor's Office of Management and Budget. Bonds shall be in
25such form (either coupon, registered or book entry), in such

 

 

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1denominations, payable within 25 years from their date, subject
2to such terms of redemption with or without premium, bear
3interest payable at such times and at such fixed or variable
4rate or rates, and be dated as shall be fixed and determined by
5the Director of the Governor's Office of Management and Budget
6in the order authorizing the issuance and sale of any series of
7Bonds, which order shall be approved by the Governor and is
8herein called a "Bond Sale Order"; provided however, that
9interest payable at fixed or variable rates shall not exceed
10that permitted in the Bond Authorization Act, as now or
11hereafter amended. Bonds shall be payable at such place or
12places, within or without the State of Illinois, and may be
13made registrable as to either principal or as to both principal
14and interest, as shall be specified in the Bond Sale Order.
15Bonds may be callable or subject to purchase and retirement or
16tender and remarketing as fixed and determined in the Bond Sale
17Order. Bonds, other than Bonds issued under Section 3 of this
18Act for the costs associated with the purchase and
19implementation of information technology, (i) except for
20refunding Bonds satisfying the requirements of Section 16 of
21this Act and sold during fiscal year 2009, 2010, or 2011, or
222017 must be issued with principal or mandatory redemption
23amounts in equal amounts, with the first maturity issued
24occurring within the fiscal year in which the Bonds are issued
25or within the next succeeding fiscal year and (ii) must mature
26or be subject to mandatory redemption each fiscal year

 

 

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

 

 

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

 

 

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

 

 

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1    The State may, with respect to Bonds issued or anticipated
2to be issued, participate in and enter into arrangements with
3respect to interest rate protection or exchange agreements,
4guarantees, or financial futures contracts for the purpose of
5limiting, reducing, or managing interest rate exposure. The
6authority granted under this paragraph, however, shall not
7increase the principal amount of Bonds authorized to be issued
8by law. The arrangements may be executed and delivered by the
9Director of the Governor's Office of Management and Budget on
10behalf of the State. Net payments for such arrangements shall
11constitute interest on the Bonds and shall be paid from the
12General Obligation Bond Retirement and Interest Fund. The
13Director of the Governor's Office of Management and Budget
14shall at least annually certify to the Governor and the State
15Comptroller his or her estimate of the amounts of such net
16payments to be included in the calculation of interest required
17to be paid by the State.
18    (c) Prior to the issuance of any Variable Rate Bonds
19pursuant to subsection (a), the Director of the Governor's
20Office of Management and Budget shall adopt an interest rate
21risk management policy providing that the amount of the State's
22variable rate exposure with respect to Bonds shall not exceed
2320%. This policy shall remain in effect while any Bonds are
24outstanding and the issuance of Bonds shall be subject to the
25terms of such policy. The terms of this policy may be amended
26from time to time by the Director of the Governor's Office of

 

 

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1Management and Budget but in no event shall any amendment cause
2the permitted level of the State's variable rate exposure with
3respect to Bonds to exceed 20%.
4    (d) "Build America Bonds" in this Section means Bonds
5authorized by Section 54AA of the Internal Revenue Code of
61986, as amended ("Internal Revenue Code"), and bonds issued
7from time to time to refund or continue to refund "Build
8America Bonds".
9    (e) Notwithstanding any other provision of this Section,
10Qualified School Construction Bonds shall be issued and sold
11from time to time, in one or more series, in such amounts and
12at such prices as may be directed by the Governor, upon
13recommendation by the Director of the Governor's Office of
14Management and Budget. Qualified School Construction Bonds
15shall be in such form (either coupon, registered or book
16entry), in such denominations, payable within 25 years from
17their date, subject to such terms of redemption with or without
18premium, and if the Qualified School Construction Bonds are
19issued with a supplemental coupon, bear interest payable at
20such times and at such fixed or variable rate or rates, and be
21dated as shall be fixed and determined by the Director of the
22Governor's Office of Management and Budget in the order
23authorizing the issuance and sale of any series of Qualified
24School Construction Bonds, which order shall be approved by the
25Governor and is herein called a "Bond Sale Order"; except that
26interest payable at fixed or variable rates, if any, shall not

 

 

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1exceed that permitted in the Bond Authorization Act, as now or
2hereafter amended. Qualified School Construction Bonds shall
3be payable at such place or places, within or without the State
4of Illinois, and may be made registrable as to either principal
5or as to both principal and interest, as shall be specified in
6the Bond Sale Order. Qualified School Construction Bonds may be
7callable or subject to purchase and retirement or tender and
8remarketing as fixed and determined in the Bond Sale Order.
9Qualified School Construction Bonds must be issued with
10principal or mandatory redemption amounts or sinking fund
11payments into the General Obligation Bond Retirement and
12Interest Fund (or subaccount therefor) in equal amounts, with
13the first maturity issued, mandatory redemption payment or
14sinking fund payment occurring within the fiscal year in which
15the Qualified School Construction Bonds are issued or within
16the next succeeding fiscal year, with Qualified School
17Construction Bonds issued maturing or subject to mandatory
18redemption or with sinking fund payments thereof deposited each
19fiscal year thereafter up to 25 years. Sinking fund payments
20set forth in this subsection shall be permitted only to the
21extent authorized in Section 54F of the Internal Revenue Code
22or as otherwise determined by the Director of the Governor's
23Office of Management and Budget. "Qualified School
24Construction Bonds" in this subsection means Bonds authorized
25by Section 54F of the Internal Revenue Code and for bonds
26issued from time to time to refund or continue to refund such

 

 

SB3440- 170 -LRB099 22296 JWD 49713 b

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

 

 

SB3440- 171 -LRB099 22296 JWD 49713 b

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

 

 

SB3440- 172 -LRB099 22296 JWD 49713 b

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

 

 

SB3440- 173 -LRB099 22296 JWD 49713 b

1    those research or marketing reports as attachments.
2(Source: P.A. 96-18, eff. 6-26-09; 96-37, eff. 7-13-09; 96-43,
3eff. 7-15-09; 96-828, eff. 12-2-09; 96-1497, eff. 1-14-11;
496-1554, eff. 3-18-11; 97-813, eff. 7-13-12.)
 
5    (30 ILCS 330/11)  (from Ch. 127, par. 661)
6    Sec. 11. Sale of Bonds. Except as otherwise provided in
7this Section, Bonds shall be sold from time to time pursuant to
8notice of sale and public bid or by negotiated sale in such
9amounts and at such times as is directed by the Governor, upon
10recommendation by the Director of the Governor's Office of
11Management and Budget. At least 25%, based on total principal
12amount, of all Bonds issued each fiscal year shall be sold
13pursuant to notice of sale and public bid. At all times during
14each fiscal year, no more than 75%, based on total principal
15amount, of the Bonds issued each fiscal year, shall have been
16sold by negotiated sale. Failure to satisfy the requirements in
17the preceding 2 sentences shall not affect the validity of any
18previously issued Bonds; provided that all Bonds authorized by
19Public Act 96-43 and Public Act 96-1497 this amendatory Act of
20the 96th General Assembly shall not be included in determining
21compliance for any fiscal year with the requirements of the
22preceding 2 sentences; and further provided that refunding
23Bonds satisfying the requirements of Section 16 of this Act and
24sold during fiscal year 2009, 2010, or 2011, or 2017 shall not
25be subject to the requirements in the preceding 2 sentences.

 

 

SB3440- 174 -LRB099 22296 JWD 49713 b

1    If any Bonds, including refunding Bonds, are to be sold by
2negotiated sale, the Director of the Governor's Office of
3Management and Budget shall comply with the competitive request
4for proposal process set forth in the Illinois Procurement Code
5and all other applicable requirements of that Code.
6    If Bonds are to be sold pursuant to notice of sale and
7public bid, the Director of the Governor's Office of Management
8and Budget may, from time to time, as Bonds are to be sold,
9advertise the sale of the Bonds in at least 2 daily newspapers,
10one of which is published in the City of Springfield and one in
11the City of Chicago. The sale of the Bonds shall also be
12advertised in the volume of the Illinois Procurement Bulletin
13that is published by the Department of Central Management
14Services, and shall be published once at least 10 days prior to
15the date fixed for the opening of the bids. The Director of the
16Governor's Office of Management and Budget may reschedule the
17date of sale upon the giving of such additional notice as the
18Director deems adequate to inform prospective bidders of such
19change; provided, however, that all other conditions of the
20sale shall continue as originally advertised.
21    Executed Bonds shall, upon payment therefor, be delivered
22to the purchaser, and the proceeds of Bonds shall be paid into
23the State Treasury as directed by Section 12 of this Act.
24(Source: P.A. 98-44, eff. 6-28-13.)
 
25    (30 ILCS 330/16)  (from Ch. 127, par. 666)

 

 

SB3440- 175 -LRB099 22296 JWD 49713 b

1    Sec. 16. Refunding Bonds. The State of Illinois is
2authorized to issue, sell, and provide for the retirement of
3General Obligation Bonds of the State of Illinois in the amount
4of $4,839,025,000, at any time and from time to time
5outstanding, for the purpose of refunding any State of Illinois
6general obligation Bonds then outstanding, including the
7payment of any redemption premium thereon, any reasonable
8expenses of such refunding, any interest accrued or to accrue
9to the earliest or any subsequent date of redemption or
10maturity of such outstanding Bonds and any interest to accrue
11to the first interest payment on the refunding Bonds; provided
12that all non-refunding Bonds in an issue that includes
13refunding Bonds shall mature no later than the final maturity
14date of Bonds being refunded; provided that no refunding Bonds
15shall be offered for sale unless the net present value of debt
16service savings to be achieved by the issuance of the refunding
17Bonds is 3% or more of the principal amount of the refunding
18Bonds to be issued; and further provided that, except for
19refunding Bonds sold in fiscal year 2009, 2010, or 2011, or
202017, the maturities of the refunding Bonds shall not extend
21beyond the maturities of the Bonds they refund, so that for
22each fiscal year in the maturity schedule of a particular issue
23of refunding Bonds, the total amount of refunding principal
24maturing and redemption amounts due in that fiscal year and all
25prior fiscal years in that schedule shall be greater than or
26equal to the total amount of refunded principal and redemption

 

 

SB3440- 176 -LRB099 22296 JWD 49713 b

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

 

 

SB3440- 177 -LRB099 22296 JWD 49713 b

1provided that the holders thereof shall thereafter be entitled
2to payment only out of the moneys deposited in the escrow
3account.
4    Except as otherwise herein provided in this Section, such
5refunding Bonds shall in all other respects be subject to the
6terms and conditions of this Act.
7(Source: P.A. 96-18, eff. 6-26-09.)
 
8    Section 25-10. The Build Illinois Bond Act is amended by
9changing Sections 6, 8, and 15 as follows:
 
10    (30 ILCS 425/6)  (from Ch. 127, par. 2806)
11    Sec. 6. Conditions for Issuance and Sale of Bonds -
12Requirements for Bonds - Master and Supplemental Indentures -
13Credit and Liquidity Enhancement.
14    (a) Bonds shall be issued and sold from time to time, in
15one or more series, in such amounts and at such prices as
16directed by the Governor, upon recommendation by the Director
17of the Governor's Office of Management and Budget. Bonds shall
18be payable only from the specific sources and secured in the
19manner provided in this Act. Bonds shall be in such form, in
20such denominations, mature on such dates within 25 years from
21their date of issuance, be subject to optional or mandatory
22redemption, bear interest payable at such times and at such
23rate or rates, fixed or variable, and be dated as shall be
24fixed and determined by the Director of the Governor's Office

 

 

SB3440- 178 -LRB099 22296 JWD 49713 b

1of Management and Budget in an order authorizing the issuance
2and sale of any series of Bonds, which order shall be approved
3by the Governor and is herein called a "Bond Sale Order";
4provided, however, that interest payable at fixed rates shall
5not exceed that permitted in "An Act to authorize public
6corporations to issue bonds, other evidences of indebtedness
7and tax anticipation warrants subject to interest rate
8limitations set forth therein", approved May 26, 1970, as now
9or hereafter amended, and interest payable at variable rates
10shall not exceed the maximum rate permitted in the Bond Sale
11Order. Said Bonds shall be payable at such place or places,
12within or without the State of Illinois, and may be made
13registrable as to either principal only or as to both principal
14and interest, as shall be specified in the Bond Sale Order.
15Bonds may be callable or subject to purchase and retirement or
16remarketing as fixed and determined in the Bond Sale Order.
17Bonds (i) except for refunding Bonds satisfying the
18requirements of Section 15 of this Act and sold during fiscal
19year 2009, 2010, or 2011, or 2017, must be issued with
20principal or mandatory redemption amounts in equal amounts,
21with the first maturity issued occurring within the fiscal year
22in which the Bonds are issued or within the next succeeding
23fiscal year and (ii) must mature or be subject to mandatory
24redemption each fiscal year thereafter up to 25 years, except
25for refunding Bonds satisfying the requirements of Section 15
2616 of this Act and sold during fiscal year 2009, 2010, or 2011

 

 

SB3440- 179 -LRB099 22296 JWD 49713 b

1which must mature or be subject to mandatory redemption each
2fiscal year thereafter up to 16 years.
3    All Bonds authorized under this Act shall be issued
4pursuant to a master trust indenture ("Master Indenture")
5executed and delivered on behalf of the State by the Director
6of the Governor's Office of Management and Budget, such Master
7Indenture to be in substantially the form approved in the Bond
8Sale Order authorizing the issuance and sale of the initial
9series of Bonds issued under this Act. Such initial series of
10Bonds may, and each subsequent series of Bonds shall, also be
11issued pursuant to a supplemental trust indenture
12("Supplemental Indenture") executed and delivered on behalf of
13the State by the Director of the Governor's Office of
14Management and Budget, each such Supplemental Indenture to be
15in substantially the form approved in the Bond Sale Order
16relating to such series. The Master Indenture and any
17Supplemental Indenture shall be entered into with a bank or
18trust company in the State of Illinois having trust powers and
19possessing capital and surplus of not less than $100,000,000.
20Such indentures shall set forth the terms and conditions of the
21Bonds and provide for payment of and security for the Bonds,
22including the establishment and maintenance of debt service and
23reserve funds, and for other protections for holders of the
24Bonds. The term "reserve funds" as used in this Act shall
25include funds and accounts established under indentures to
26provide for the payment of principal of and premium and

 

 

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1interest on Bonds, to provide for the purchase, retirement or
2defeasance of Bonds, to provide for fees of trustees,
3registrars, paying agents and other fiduciaries and to provide
4for payment of costs of and debt service payable in respect of
5credit or liquidity enhancement arrangements, interest rate
6swaps or guarantees or financial futures contracts and indexing
7and remarketing agents' services.
8    In the case of any series of Bonds bearing interest at a
9variable interest rate ("Variable Rate Bonds"), in lieu of
10determining the rate or rates at which such series of Variable
11Rate Bonds shall bear interest and the price or prices at which
12such Variable Rate Bonds shall be initially sold or remarketed
13(in the event of purchase and subsequent resale), the Bond Sale
14Order may provide that such interest rates and prices may vary
15from time to time depending on criteria established in such
16Bond Sale Order, which criteria may include, without
17limitation, references to indices or variations in interest
18rates as may, in the judgment of a remarketing agent, be
19necessary to cause Bonds of such series to be remarketable from
20time to time at a price equal to their principal amount (or
21compound accreted value in the case of original issue discount
22Bonds), and may provide for appointment of indexing agents and
23a bank, trust company, investment bank or other financial
24institution to serve as remarketing agent in that connection.
25The Bond Sale Order may provide that alternative interest rates
26or provisions for establishing alternative interest rates,

 

 

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1different security or claim priorities or different call or
2amortization provisions will apply during such times as Bonds
3of any series are held by a person providing credit or
4liquidity enhancement arrangements for such Bonds as
5authorized in subsection (b) of Section 6 of this Act.
6    (b) In connection with the issuance of any series of Bonds,
7the State may enter into arrangements to provide additional
8security and liquidity for such Bonds, including, without
9limitation, bond or interest rate insurance or letters of
10credit, lines of credit, bond purchase contracts or other
11arrangements whereby funds are made available to retire or
12purchase Bonds, thereby assuring the ability of owners of the
13Bonds to sell or redeem their Bonds. The State may enter into
14contracts and may agree to pay fees to persons providing such
15arrangements, but only under circumstances where the Director
16of the Bureau of the Budget (now Governor's Office of
17Management and Budget) certifies that he reasonably expects the
18total interest paid or to be paid on the Bonds, together with
19the fees for the arrangements (being treated as if interest),
20would not, taken together, cause the Bonds to bear interest,
21calculated to their stated maturity, at a rate in excess of the
22rate which the Bonds would bear in the absence of such
23arrangements. Any bonds, notes or other evidences of
24indebtedness issued pursuant to any such arrangements for the
25purpose of retiring and discharging outstanding Bonds shall
26constitute refunding Bonds under Section 15 of this Act. The

 

 

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1State may participate in and enter into arrangements with
2respect to interest rate swaps or guarantees or financial
3futures contracts for the purpose of limiting or restricting
4interest rate risk; provided that such arrangements shall be
5made with or executed through banks having capital and surplus
6of not less than $100,000,000 or insurance companies holding
7the highest policyholder rating accorded insurers by A.M. Best &
8 Co. or any comparable rating service or government bond
9dealers reporting to, trading with, and recognized as primary
10dealers by a Federal Reserve Bank and having capital and
11surplus of not less than $100,000,000, or other persons whose
12debt securities are rated in the highest long-term categories
13by both Moody's Investors' Services, Inc. and Standard & Poor's
14Corporation. Agreements incorporating any of the foregoing
15arrangements may be executed and delivered by the Director of
16the Governor's Office of Management and Budget on behalf of the
17State in substantially the form approved in the Bond Sale Order
18relating to such Bonds.
19    (c) "Build America Bonds" in this Section means Bonds
20authorized by Section 54AA of the Internal Revenue Code of
211986, as amended ("Internal Revenue Code"), and bonds issued
22from time to time to refund or continue to refund "Build
23America Bonds".
24(Source: P.A. 96-18, eff. 6-26-09; 96-828, eff. 12-2-09.)
 
25    (30 ILCS 425/8)  (from Ch. 127, par. 2808)

 

 

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1    Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
2in this Section, shall be sold from time to time pursuant to
3notice of sale and public bid or by negotiated sale in such
4amounts and at such times as are directed by the Governor, upon
5recommendation by the Director of the Governor's Office of
6Management and Budget. At least 25%, based on total principal
7amount, of all Bonds issued each fiscal year shall be sold
8pursuant to notice of sale and public bid. At all times during
9each fiscal year, no more than 75%, based on total principal
10amount, of the Bonds issued each fiscal year shall have been
11sold by negotiated sale. Failure to satisfy the requirements in
12the preceding 2 sentences shall not affect the validity of any
13previously issued Bonds; and further provided that refunding
14Bonds satisfying the requirements of Section 15 of this Act and
15sold during fiscal year 2009, 2010, or 2011, or 2017 shall not
16be subject to the requirements in the preceding 2 sentences.
17    If any Bonds are to be sold pursuant to notice of sale and
18public bid, the Director of the Governor's Office of Management
19and Budget shall comply with the competitive request for
20proposal process set forth in the Illinois Procurement Code and
21all other applicable requirements of that Code.
22    If Bonds are to be sold pursuant to notice of sale and
23public bid, the Director of the Governor's Office of Management
24and Budget may, from time to time, as Bonds are to be sold,
25advertise the sale of the Bonds in at least 2 daily newspapers,
26one of which is published in the City of Springfield and one in

 

 

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1the City of Chicago. The sale of the Bonds shall also be
2advertised in the volume of the Illinois Procurement Bulletin
3that is published by the Department of Central Management
4Services, and shall be published once at least 10 days prior to
5the date fixed for the opening of the bids. The Director of the
6Governor's Office of Management and Budget may reschedule the
7date of sale upon the giving of such additional notice as the
8Director deems adequate to inform prospective bidders of the
9change; provided, however, that all other conditions of the
10sale shall continue as originally advertised. Executed Bonds
11shall, upon payment therefor, be delivered to the purchaser,
12and the proceeds of Bonds shall be paid into the State Treasury
13as directed by Section 9 of this Act. The Governor or the
14Director of the Governor's Office of Management and Budget is
15hereby authorized and directed to execute and deliver contracts
16of sale with underwriters and to execute and deliver such
17certificates, indentures, agreements and documents, including
18any supplements or amendments thereto, and to take such actions
19and do such things as shall be necessary or desirable to carry
20out the purposes of this Act. Any action authorized or
21permitted to be taken by the Director of the Governor's Office
22of Management and Budget pursuant to this Act is hereby
23authorized to be taken by any person specifically designated by
24the Governor to take such action in a certificate signed by the
25Governor and filed with the Secretary of State.
26(Source: P.A. 98-44, eff. 6-28-13.)
 

 

 

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1    (30 ILCS 425/15)  (from Ch. 127, par. 2815)
2    Sec. 15. Refunding Bonds. Refunding Bonds are hereby
3authorized for the purpose of refunding any outstanding Bonds,
4including the payment of any redemption premium thereon, any
5reasonable expenses of such refunding, and any interest accrued
6or to accrue to the earliest or any subsequent date of
7redemption or maturity of outstanding Bonds; provided that all
8non-refunding Bonds in an issue that includes refunding Bonds
9shall mature no later than the final maturity date of Bonds
10being refunded; provided that no refunding Bonds shall be
11offered for sale unless the net present value of debt service
12savings to be achieved by the issuance of the refunding Bonds
13is 3% or more of the principal amount of the refunding Bonds to
14be issued; and further provided that, except for refunding
15Bonds sold in fiscal year 2009, 2010, or 2011, or 2017, the
16maturities of the refunding Bonds shall not extend beyond the
17maturities of the Bonds they refund, so that for each fiscal
18year in the maturity schedule of a particular issue of
19refunding Bonds, the total amount of refunding principal
20maturing and redemption amounts due in that fiscal year and all
21prior fiscal years in that schedule shall be greater than or
22equal to the total amount of refunded principal and redemption
23amounts that had been due over that year and all prior fiscal
24years prior to the refunding.
25    Refunding Bonds may be sold in such amounts and at such

 

 

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1times, as directed by the Governor upon recommendation by the
2Director of the Governor's Office of Management and Budget. The
3Governor shall notify the State Treasurer and Comptroller of
4such refunding. The proceeds received from the sale of
5refunding Bonds shall be used for the retirement at maturity or
6redemption of such outstanding Bonds on any maturity or
7redemption date and, pending such use, shall be placed in
8escrow, subject to such terms and conditions as shall be
9provided for in the Bond Sale Order relating to the refunding
10Bonds. This Act shall constitute an irrevocable and continuing
11appropriation of all amounts necessary to establish an escrow
12account for the purpose of refunding outstanding Bonds and to
13pay the reasonable expenses of such refunding and of the
14issuance and sale of the refunding Bonds. Any such escrowed
15proceeds may be invested and reinvested in direct obligations
16of the United States of America, maturing at such time or times
17as shall be appropriate to assure the prompt payment, when due,
18of the principal of and interest and redemption premium, if
19any, on the refunded Bonds. After the terms of the escrow have
20been fully satisfied, any remaining balance of such proceeds
21and interest, income and profits earned or realized on the
22investments thereof shall be paid into the General Revenue
23Fund. The liability of the State upon the refunded Bonds shall
24continue, provided that the holders thereof shall thereafter be
25entitled to payment only out of the moneys deposited in the
26escrow account and the refunded Bonds shall be deemed paid,

 

 

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1discharged and no longer to be outstanding.
2    Except as otherwise herein provided in this Section, such
3refunding Bonds shall in all other respects be issued pursuant
4to and subject to the terms and conditions of this Act and
5shall be secured by and payable from only the funds and sources
6which are provided under this Act.
7(Source: P.A. 96-18, eff. 6-26-09.)
 
8
ARTICLE 30. REVOLVING FUNDS CONSOLIDATION

 
9    Section 30-5. The Department of Central Management
10Services Law of the Civil Administrative Code of Illinois is
11amended by changing Sections 405-20, 405-250, and 405-410 as
12follows:
 
13    (20 ILCS 405/405-20)  (was 20 ILCS 405/35.7)
14    Sec. 405-20. Fiscal policy information to Governor;
15information technology statistical research planning.
16    (a) The Department shall be responsible for providing the
17Governor with timely, comprehensive, and meaningful
18information pertinent to the formulation and execution of
19fiscal policy. In performing this responsibility the
20Department shall have the power and duty to do the following:
21        (1) Control the procurement, retention, installation,
22    maintenance, and operation, as specified by the Director,
23    of information technology electronic data processing

 

 

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1    equipment and software used by State agencies in such a
2    manner as to achieve maximum economy and provide adequate
3    assistance in the development of information suitable for
4    management analysis.
5        (2) Establish principles and standards of information
6    technology statistical reporting by State agencies and
7    priorities for completion of research by those agencies in
8    accordance with the requirements for management analysis
9    as specified by the Director.
10        (3) Establish, through the Director, charges for
11    information technology statistical services requested by
12    State agencies and rendered by the Department. The
13    Department is likewise empowered through the Director to
14    establish prices or charges for information technology
15    services rendered by the Department for all statistical
16    reports purchased by agencies and individuals not
17    connected with State government.
18        (4) Instruct all State agencies as the Director may
19    require to report regularly to the Department, in the
20    manner the Director may prescribe, their usage of
21    information technology electronic information devices and
22    services, the cost incurred, the information produced, and
23    the procedures followed in obtaining the information. All
24    State agencies shall request of the Director any
25    information technology resources statistical services
26    requiring the use of electronic devices and shall conform

 

 

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1    to the priorities assigned by the Director in using those
2    electronic devices.
3        (5) Examine the accounts, use of information
4    technology resources, and statistical data of any
5    organization, body, or agency receiving appropriations
6    from the General Assembly.
7        (6) Install and operate a modern information system
8    utilizing equipment adequate to satisfy the requirements
9    for analysis and review as specified by the Director.
10    Expenditures for information technology statistical
11    services rendered shall be reimbursed by the recipients.
12    The reimbursement shall be determined by the Director as
13    amounts sufficient to reimburse the Technology Management
14    Statistical Services Revolving Fund for expenditures
15    incurred in rendering the services.
16    (b) In addition to the other powers and duties listed in
17this Section, the Department shall analyze the present and
18future aims, needs, and requirements of information technology
19statistical research and planning in order to provide for the
20formulation of overall policy relative to the use of electronic
21data processing equipment and software by the State of
22Illinois. In making this analysis, the Department under the
23Director shall formulate a master plan for the use of
24information technology statistical research, utilizing
25electronic equipment, software and services most
26advantageously, and advising whether electronic data

 

 

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1processing equipment and software should be leased or purchased
2by the State. The Department under the Director shall prepare
3and submit interim reports of meaningful developments and
4proposals for legislation to the Governor on or before January
530 each year. The Department under the Director shall engage in
6a continuing analysis and evaluation of the master plan so
7developed, and it shall be the responsibility of the Department
8to recommend from time to time any needed amendments and
9modifications of any master plan enacted by the General
10Assembly.
11    (c) For the purposes of this Section, Section 405-245, and
12paragraph (4) of Section 405-10 only, "State agencies" means
13all departments, boards, commissions, and agencies of the State
14of Illinois subject to the Governor.
15(Source: P.A. 94-91, eff. 7-1-05.)
 
16    (20 ILCS 405/405-250)  (was 20 ILCS 405/35.7a)
17    Sec. 405-250. Information technology Statistical services;
18use of information technology electronic data processing
19equipment and software. The Department may make information
20technology resources statistical services and the use of
21information technology electronic data processing equipment
22and software, including necessary telecommunications lines and
23equipment, available to local governments, elected State
24officials, State educational institutions, and all other
25governmental units of the State requesting them. The Director

 

 

SB3440- 191 -LRB099 22296 JWD 49713 b

1is empowered to establish prices and charges for the
2information technology resources statistical services so
3furnished and for the use of the information technology
4electronic data processing equipment and software and
5necessary telecommunications lines and equipment. The prices
6and charges shall be sufficient to reimburse the cost of
7furnishing the services and use of equipment, software, and
8lines.
9(Source: P.A. 91-239, eff. 1-1-00.)
 
10    (20 ILCS 405/405-410)
11    Sec. 405-410. Transfer of Information Technology
12functions.
13    (a) Notwithstanding any other law to the contrary, the
14Director of Central Management Services, working in
15cooperation with the Director of any other agency, department,
16board, or commission directly responsible to the Governor, may
17direct the transfer, to the Department of Central Management
18Services, of those information technology functions at that
19agency, department, board, or commission that are suitable for
20centralization.
21    Upon receipt of the written direction to transfer
22information technology functions to the Department of Central
23Management Services, the personnel, equipment, and property
24(both real and personal) directly relating to the transferred
25functions shall be transferred to the Department of Central

 

 

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1Management Services, and the relevant documents, records, and
2correspondence shall be transferred or copied, as the Director
3may prescribe.
4    (b) Upon receiving written direction from the Director of
5Central Management Services, the Comptroller and Treasurer are
6authorized to transfer the unexpended balance of any
7appropriations related to the information technology functions
8transferred to the Department of Central Management Services
9and shall make the necessary fund transfers from any special
10fund in the State Treasury or from any other federal or State
11trust fund held by the Treasurer to the General Revenue Fund or
12, the Technology Management Statistical Services Revolving
13Fund, or the Communications Revolving Fund, as designated by
14the Director of Central Management Services, for use by the
15Department of Central Management Services in support of
16information technology functions or any other related costs or
17expenses of the Department of Central Management Services.
18    (c) The rights of employees and the State and its agencies
19under the Personnel Code and applicable collective bargaining
20agreements or under any pension, retirement, or annuity plan
21shall not be affected by any transfer under this Section.
22    (d) The functions transferred to the Department of Central
23Management Services by this Section shall be vested in and
24shall be exercised by the Department of Central Management
25Services. Each act done in the exercise of those functions
26shall have the same legal effect as if done by the agencies,

 

 

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1offices, divisions, departments, bureaus, boards and
2commissions from which they were transferred.
3    Every person or other entity shall be subject to the same
4obligations and duties and any penalties, civil or criminal,
5arising therefrom, and shall have the same rights arising from
6the exercise of such rights, powers, and duties as had been
7exercised by the agencies, offices, divisions, departments,
8bureaus, boards, and commissions from which they were
9transferred.
10    Whenever reports or notices are now required to be made or
11given or papers or documents furnished or served by any person
12in regards to the functions transferred to or upon the
13agencies, offices, divisions, departments, bureaus, boards,
14and commissions from which the functions were transferred, the
15same shall be made, given, furnished or served in the same
16manner to or upon the Department of Central Management
17Services.
18    This Section does not affect any act done, ratified, or
19cancelled or any right occurring or established or any action
20or proceeding had or commenced in an administrative, civil, or
21criminal cause regarding the functions transferred, but those
22proceedings may be continued by the Department of Central
23Management Services.
24    This Section does not affect the legality of any rules in
25the Illinois Administrative Code regarding the functions
26transferred in this Section that are in force on the effective

 

 

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1date of this Section. If necessary, however, the affected
2agencies shall propose, adopt, or repeal rules, rule
3amendments, and rule recodifications as appropriate to
4effectuate this Section.
5(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04;
693-1067, eff. 1-15-05.)
 
7    Section 30-10. The State Finance Act is amended by changing
8Sections 5.12, 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:
 
9    (30 ILCS 105/5.12)  (from Ch. 127, par. 141.12)
10    Sec. 5.12. The Communications Revolving Fund. This Section
11is repealed on December 31, 2016.
12(Source: Laws 1919, p. 946.)
 
13    (30 ILCS 105/5.55)  (from Ch. 127, par. 141.55)
14    Sec. 5.55. The Technology Management Statistical Services
15Revolving Fund.
16(Source: Laws 1919, p. 946.)
 
17    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
18    Sec. 6p-1. The Technology Management Revolving Fund
19(formerly known as the Statistical Services Revolving Fund)
20shall be initially financed by a transfer of funds from the
21General Revenue Fund. Thereafter, all fees and other monies
22received by the Department of Central Management Services in

 

 

SB3440- 195 -LRB099 22296 JWD 49713 b

1payment for statistical services rendered pursuant to Section
2405-20 of the Department of Central Management Services Law (20
3ILCS 405/405-20) shall be paid into the Technology Management
4Statistical Services Revolving Fund. On and after July 1, 2016,
5or after sufficient moneys have been received in the
6Communications Revolving Fund to pay all Fiscal Year 2016
7obligations payable from the Fund, whichever is later, all fees
8and other moneys received by the Department of Central
9Management Services in payment for communications services
10rendered pursuant to the Department of Central Management
11Services Law of the Civil Administrative Code of Illinois or
12sale of surplus State communications equipment shall be paid
13into the Technology Management Revolving Fund. The money in
14this fund shall be used by the Department of Central Management
15Services as reimbursement for expenditures incurred in
16rendering statistical services and, beginning July 1, 2016, as
17reimbursement for expenditures incurred in relation to
18communications services.
19(Source: P.A. 91-239, eff. 1-1-00.)
 
20    (30 ILCS 105/6p-2)  (from Ch. 127, par. 142p2)
21    Sec. 6p-2. The Communications Revolving Fund shall be
22initially financed by a transfer of funds from the General
23Revenue Fund. Thereafter, through June 30, 2016, all fees and
24other monies received by the Department of Central Management
25Services in payment for communications services rendered

 

 

SB3440- 196 -LRB099 22296 JWD 49713 b

1pursuant to the Department of Central Management Services Law
2or sale of surplus State communications equipment shall be paid
3into the Communications Revolving Fund. Except as otherwise
4provided in this Section, the money in this fund shall be used
5by the Department of Central Management Services as
6reimbursement for expenditures incurred in relation to
7communications services.
8    On the effective date of this amendatory Act of the 93rd
9General Assembly, or as soon as practicable thereafter, the
10State Comptroller shall order transferred and the State
11Treasurer shall transfer $3,000,000 from the Communications
12Revolving Fund to the Emergency Public Health Fund to be used
13for the purposes specified in Section 55.6a of the
14Environmental Protection Act.
15    In addition to any other transfers that may be provided for
16by law, on July 1, 2011, or as soon thereafter as practical,
17the State Comptroller shall direct and the State Treasurer
18shall transfer the sum of $5,000,000 from the General Revenue
19Fund to the Communications Revolving Fund.
20    Notwithstanding any other provision of law, in addition to
21any other transfers that may be provided by law, on July 1,
222016, or after sufficient moneys have been received in the
23Communications Revolving Fund to pay all Fiscal Year 2016
24obligations payable from the Fund, whichever is later, the
25State Comptroller shall direct and the State Treasurer shall
26transfer the remaining balance from the Communications

 

 

SB3440- 197 -LRB099 22296 JWD 49713 b

1Revolving Fund into the Technology Management Revolving Fund.
2Upon completion of the transfer, any future deposits due to
3that Fund and any outstanding obligations or liabilities of
4that Fund pass to the Technology Management Revolving Fund.
5(Source: P.A. 97-641, eff. 12-19-11.)
 
6    (30 ILCS 105/6z-34)
7    Sec. 6z-34. Secretary of State Special Services Fund. There
8is created in the State Treasury a special fund to be known as
9the Secretary of State Special Services Fund. Moneys deposited
10into the Fund may, subject to appropriation, be used by the
11Secretary of State for any or all of the following purposes:
12        (1) For general automation efforts within operations
13    of the Office of Secretary of State.
14        (2) For technology applications in any form that will
15    enhance the operational capabilities of the Office of
16    Secretary of State.
17        (3) To provide funds for any type of library grants
18    authorized and administered by the Secretary of State as
19    State Librarian.
20    These funds are in addition to any other funds otherwise
21authorized to the Office of Secretary of State for like or
22similar purposes.
23    On August 15, 1997, all fiscal year 1997 receipts that
24exceed the amount of $15,000,000 shall be transferred from this
25Fund to the Technology Management Revolving Fund (formerly

 

 

SB3440- 198 -LRB099 22296 JWD 49713 b

1known as the Statistical Services Revolving Fund); on August
215, 1998 and each year thereafter through 2000, all receipts
3from the fiscal year ending on the previous June 30th that
4exceed the amount of $17,000,000 shall be transferred from this
5Fund to the Technology Management Revolving Fund (formerly
6known as the Statistical Services Revolving Fund); on August
715, 2001 and each year thereafter through 2002, all receipts
8from the fiscal year ending on the previous June 30th that
9exceed the amount of $19,000,000 shall be transferred from this
10Fund to the Technology Management Revolving Fund (formerly
11known as the Statistical Services Revolving Fund); and on
12August 15, 2003 and each year thereafter, all receipts from the
13fiscal year ending on the previous June 30th that exceed the
14amount of $33,000,000 shall be transferred from this Fund to
15the Technology Management Revolving Fund (formerly known as the
16Statistical Services Revolving Fund).
17(Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
 
18    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
19    Sec. 8.16a. Appropriations for the procurement,
20installation, retention, maintenance and operation of
21electronic data processing and information technology devices
22and software used by state agencies subject to Section 405-20
23of the Department of Central Management Services Law (20 ILCS
24405/405-20), the purchase of necessary supplies and equipment
25and accessories thereto, and all other expenses incident to the

 

 

SB3440- 199 -LRB099 22296 JWD 49713 b

1operation and maintenance of those electronic data processing
2and information technology devices and software are payable
3from the Technology Management Statistical Services Revolving
4Fund. However, no contract shall be entered into or obligation
5incurred for any expenditure from the Statistical Services
6Revolving Fund until after the purpose and amount has been
7approved in writing by the Director of Central Management
8Services. Until there are sufficient funds in the Technology
9Management Revolving Fund (formerly known as the Statistical
10Services Revolving Fund) to carry out the purposes of this
11amendatory Act of 1965, however, the State agencies subject to
12that Section 405-20 shall, on written approval of the Director
13of Central Management Services, pay the cost of operating and
14maintaining electronic data processing systems from current
15appropriations as classified and standardized in the State
16Finance Act "An Act in relation to State finance", approved
17June 10, 1919, as amended.
18(Source: P.A. 91-239, eff. 1-1-00.)
 
19    Section 30-15. The Illinois Pension Code is amended by
20changing Section 1A-112 as follows:
 
21    (40 ILCS 5/1A-112)
22    Sec. 1A-112. Fees.
23    (a) Every pension fund that is required to file an annual
24statement under Section 1A-109 shall pay to the Department an

 

 

SB3440- 200 -LRB099 22296 JWD 49713 b

1annual compliance fee. In the case of a pension fund under
2Article 3 or 4 of this Code, the annual compliance fee shall be
30.02% (2 basis points) of the total assets of the pension fund,
4as reported in the most current annual statement of the fund,
5but not more than $8,000. In the case of all other pension
6funds and retirement systems, the annual compliance fee shall
7be $8,000.
8    (b) The annual compliance fee shall be due on June 30 for
9the following State fiscal year, except that the fee payable in
101997 for fiscal year 1998 shall be due no earlier than 30 days
11following the effective date of this amendatory Act of 1997.
12    (c) Any information obtained by the Division that is
13available to the public under the Freedom of Information Act
14and is either compiled in published form or maintained on a
15computer processible medium shall be furnished upon the written
16request of any applicant and the payment of a reasonable
17information services fee established by the Director,
18sufficient to cover the total cost to the Division of
19compiling, processing, maintaining, and generating the
20information. The information may be furnished by means of
21published copy or on a computer processed or computer
22processible medium.
23    No fee may be charged to any person for information that
24the Division is required by law to furnish to that person.
25    (d) Except as otherwise provided in this Section, all fees
26and penalties collected by the Department under this Code shall

 

 

SB3440- 201 -LRB099 22296 JWD 49713 b

1be deposited into the Public Pension Regulation Fund.
2    (e) Fees collected under subsection (c) of this Section and
3money collected under Section 1A-107 shall be deposited into
4the Technology Management Department's Statistical Services
5Revolving Fund and credited to the account of the Department's
6Public Pension Division. This income shall be used exclusively
7for the purposes set forth in Section 1A-107. Notwithstanding
8the provisions of Section 408.2 of the Illinois Insurance Code,
9no surplus funds remaining in this account shall be deposited
10in the Insurance Financial Regulation Fund. All money in this
11account that the Director certifies is not needed for the
12purposes set forth in Section 1A-107 of this Code shall be
13transferred to the Public Pension Regulation Fund.
14    (f) Nothing in this Code prohibits the General Assembly
15from appropriating funds from the General Revenue Fund to the
16Department for the purpose of administering or enforcing this
17Code.
18(Source: P.A. 93-32, eff. 7-1-03.)
 
19    Section 30-20. The Illinois Insurance Code is amended by
20changing Sections 408, 408.2, 1202, and 1206 as follows:
 
21    (215 ILCS 5/408)  (from Ch. 73, par. 1020)
22    Sec. 408. Fees and charges.
23    (1) The Director shall charge, collect and give proper
24acquittances for the payment of the following fees and charges:

 

 

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1        (a) For filing all documents submitted for the
2    incorporation or organization or certification of a
3    domestic company, except for a fraternal benefit society,
4    $2,000.
5        (b) For filing all documents submitted for the
6    incorporation or organization of a fraternal benefit
7    society, $500.
8        (c) For filing amendments to articles of incorporation
9    and amendments to declaration of organization, except for a
10    fraternal benefit society, a mutual benefit association, a
11    burial society or a farm mutual, $200.
12        (d) For filing amendments to articles of incorporation
13    of a fraternal benefit society, a mutual benefit
14    association or a burial society, $100.
15        (e) For filing amendments to articles of incorporation
16    of a farm mutual, $50.
17        (f) For filing bylaws or amendments thereto, $50.
18        (g) For filing agreement of merger or consolidation:
19            (i) for a domestic company, except for a fraternal
20        benefit society, a mutual benefit association, a
21        burial society, or a farm mutual, $2,000.
22            (ii) for a foreign or alien company, except for a
23        fraternal benefit society, $600.
24            (iii) for a fraternal benefit society, a mutual
25        benefit association, a burial society, or a farm
26        mutual, $200.

 

 

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1        (h) For filing agreements of reinsurance by a domestic
2    company, $200.
3        (i) For filing all documents submitted by a foreign or
4    alien company to be admitted to transact business or
5    accredited as a reinsurer in this State, except for a
6    fraternal benefit society, $5,000.
7        (j) For filing all documents submitted by a foreign or
8    alien fraternal benefit society to be admitted to transact
9    business in this State, $500.
10        (k) For filing declaration of withdrawal of a foreign
11    or alien company, $50.
12        (l) For filing annual statement by a domestic company,
13    except a fraternal benefit society, a mutual benefit
14    association, a burial society, or a farm mutual, $200.
15        (m) For filing annual statement by a domestic fraternal
16    benefit society, $100.
17        (n) For filing annual statement by a farm mutual, a
18    mutual benefit association, or a burial society, $50.
19        (o) For issuing a certificate of authority or renewal
20    thereof except to a foreign fraternal benefit society,
21    $400.
22        (p) For issuing a certificate of authority or renewal
23    thereof to a foreign fraternal benefit society, $200.
24        (q) For issuing an amended certificate of authority,
25    $50.
26        (r) For each certified copy of certificate of

 

 

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1    authority, $20.
2        (s) For each certificate of deposit, or valuation, or
3    compliance or surety certificate, $20.
4        (t) For copies of papers or records per page, $1.
5        (u) For each certification to copies of papers or
6    records, $10.
7        (v) For multiple copies of documents or certificates
8    listed in subparagraphs (r), (s), and (u) of paragraph (1)
9    of this Section, $10 for the first copy of a certificate of
10    any type and $5 for each additional copy of the same
11    certificate requested at the same time, unless, pursuant to
12    paragraph (2) of this Section, the Director finds these
13    additional fees excessive.
14        (w) For issuing a permit to sell shares or increase
15    paid-up capital:
16            (i) in connection with a public stock offering,
17        $300;
18            (ii) in any other case, $100.
19        (x) For issuing any other certificate required or
20    permissible under the law, $50.
21        (y) For filing a plan of exchange of the stock of a
22    domestic stock insurance company, a plan of
23    demutualization of a domestic mutual company, or a plan of
24    reorganization under Article XII, $2,000.
25        (z) For filing a statement of acquisition of a domestic
26    company as defined in Section 131.4 of this Code, $2,000.

 

 

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1        (aa) For filing an agreement to purchase the business
2    of an organization authorized under the Dental Service Plan
3    Act or the Voluntary Health Services Plans Act or of a
4    health maintenance organization or a limited health
5    service organization, $2,000.
6        (bb) For filing a statement of acquisition of a foreign
7    or alien insurance company as defined in Section 131.12a of
8    this Code, $1,000.
9        (cc) For filing a registration statement as required in
10    Sections 131.13 and 131.14, the notification as required by
11    Sections 131.16, 131.20a, or 141.4, or an agreement or
12    transaction required by Sections 124.2(2), 141, 141a, or
13    141.1, $200.
14        (dd) For filing an application for licensing of:
15            (i) a religious or charitable risk pooling trust or
16        a workers' compensation pool, $1,000;
17            (ii) a workers' compensation service company,
18        $500;
19            (iii) a self-insured automobile fleet, $200; or
20            (iv) a renewal of or amendment of any license
21        issued pursuant to (i), (ii), or (iii) above, $100.
22        (ee) For filing articles of incorporation for a
23    syndicate to engage in the business of insurance through
24    the Illinois Insurance Exchange, $2,000.
25        (ff) For filing amended articles of incorporation for a
26    syndicate engaged in the business of insurance through the

 

 

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1    Illinois Insurance Exchange, $100.
2        (gg) For filing articles of incorporation for a limited
3    syndicate to join with other subscribers or limited
4    syndicates to do business through the Illinois Insurance
5    Exchange, $1,000.
6        (hh) For filing amended articles of incorporation for a
7    limited syndicate to do business through the Illinois
8    Insurance Exchange, $100.
9        (ii) For a permit to solicit subscriptions to a
10    syndicate or limited syndicate, $100.
11        (jj) For the filing of each form as required in Section
12    143 of this Code, $50 per form. The fee for advisory and
13    rating organizations shall be $200 per form.
14            (i) For the purposes of the form filing fee,
15        filings made on insert page basis will be considered
16        one form at the time of its original submission.
17        Changes made to a form subsequent to its approval shall
18        be considered a new filing.
19            (ii) Only one fee shall be charged for a form,
20        regardless of the number of other forms or policies
21        with which it will be used.
22            (iii) Fees charged for a policy filed as it will be
23        issued regardless of the number of forms comprising
24        that policy shall not exceed $1,500. For advisory or
25        rating organizations, fees charged for a policy filed
26        as it will be issued regardless of the number of forms

 

 

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1        comprising that policy shall not exceed $2,500.
2            (iv) The Director may by rule exempt forms from
3        such fees.
4        (kk) For filing an application for licensing of a
5    reinsurance intermediary, $500.
6        (ll) For filing an application for renewal of a license
7    of a reinsurance intermediary, $200.
8    (2) When printed copies or numerous copies of the same
9paper or records are furnished or certified, the Director may
10reduce such fees for copies if he finds them excessive. He may,
11when he considers it in the public interest, furnish without
12charge to state insurance departments and persons other than
13companies, copies or certified copies of reports of
14examinations and of other papers and records.
15    (3) The expenses incurred in any performance examination
16authorized by law shall be paid by the company or person being
17examined. The charge shall be reasonably related to the cost of
18the examination including but not limited to compensation of
19examiners, electronic data processing costs, supervision and
20preparation of an examination report and lodging and travel
21expenses. All lodging and travel expenses shall be in accord
22with the applicable travel regulations as published by the
23Department of Central Management Services and approved by the
24Governor's Travel Control Board, except that out-of-state
25lodging and travel expenses related to examinations authorized
26under Section 132 shall be in accordance with travel rates

 

 

SB3440- 208 -LRB099 22296 JWD 49713 b

1prescribed under paragraph 301-7.2 of the Federal Travel
2Regulations, 41 C.F.R. 301-7.2, for reimbursement of
3subsistence expenses incurred during official travel. All
4lodging and travel expenses may be reimbursed directly upon
5authorization of the Director. With the exception of the direct
6reimbursements authorized by the Director, all performance
7examination charges collected by the Department shall be paid
8to the Insurance Producer Administration Fund, however, the
9electronic data processing costs incurred by the Department in
10the performance of any examination shall be billed directly to
11the company being examined for payment to the Technology
12Management Statistical Services Revolving Fund.
13    (4) At the time of any service of process on the Director
14as attorney for such service, the Director shall charge and
15collect the sum of $20, which may be recovered as taxable costs
16by the party to the suit or action causing such service to be
17made if he prevails in such suit or action.
18    (5) (a) The costs incurred by the Department of Insurance
19in conducting any hearing authorized by law shall be assessed
20against the parties to the hearing in such proportion as the
21Director of Insurance may determine upon consideration of all
22relevant circumstances including: (1) the nature of the
23hearing; (2) whether the hearing was instigated by, or for the
24benefit of a particular party or parties; (3) whether there is
25a successful party on the merits of the proceeding; and (4) the
26relative levels of participation by the parties.

 

 

SB3440- 209 -LRB099 22296 JWD 49713 b

1    (b) For purposes of this subsection (5) costs incurred
2shall mean the hearing officer fees, court reporter fees, and
3travel expenses of Department of Insurance officers and
4employees; provided however, that costs incurred shall not
5include hearing officer fees or court reporter fees unless the
6Department has retained the services of independent
7contractors or outside experts to perform such functions.
8    (c) The Director shall make the assessment of costs
9incurred as part of the final order or decision arising out of
10the proceeding; provided, however, that such order or decision
11shall include findings and conclusions in support of the
12assessment of costs. This subsection (5) shall not be construed
13as permitting the payment of travel expenses unless calculated
14in accordance with the applicable travel regulations of the
15Department of Central Management Services, as approved by the
16Governor's Travel Control Board. The Director as part of such
17order or decision shall require all assessments for hearing
18officer fees and court reporter fees, if any, to be paid
19directly to the hearing officer or court reporter by the
20party(s) assessed for such costs. The assessments for travel
21expenses of Department officers and employees shall be
22reimbursable to the Director of Insurance for deposit to the
23fund out of which those expenses had been paid.
24    (d) The provisions of this subsection (5) shall apply in
25the case of any hearing conducted by the Director of Insurance
26not otherwise specifically provided for by law.

 

 

SB3440- 210 -LRB099 22296 JWD 49713 b

1    (6) The Director shall charge and collect an annual
2financial regulation fee from every domestic company for
3examination and analysis of its financial condition and to fund
4the internal costs and expenses of the Interstate Insurance
5Receivership Commission as may be allocated to the State of
6Illinois and companies doing an insurance business in this
7State pursuant to Article X of the Interstate Insurance
8Receivership Compact. The fee shall be the greater fixed amount
9based upon the combination of nationwide direct premium income
10and nationwide reinsurance assumed premium income or upon
11admitted assets calculated under this subsection as follows:
12        (a) Combination of nationwide direct premium income
13    and nationwide reinsurance assumed premium.
14            (i) $150, if the premium is less than $500,000 and
15        there is no reinsurance assumed premium;
16            (ii) $750, if the premium is $500,000 or more, but
17        less than $5,000,000 and there is no reinsurance
18        assumed premium; or if the premium is less than
19        $5,000,000 and the reinsurance assumed premium is less
20        than $10,000,000;
21            (iii) $3,750, if the premium is less than
22        $5,000,000 and the reinsurance assumed premium is
23        $10,000,000 or more;
24            (iv) $7,500, if the premium is $5,000,000 or more,
25        but less than $10,000,000;
26            (v) $18,000, if the premium is $10,000,000 or more,

 

 

SB3440- 211 -LRB099 22296 JWD 49713 b

1        but less than $25,000,000;
2            (vi) $22,500, if the premium is $25,000,000 or
3        more, but less than $50,000,000;
4            (vii) $30,000, if the premium is $50,000,000 or
5        more, but less than $100,000,000;
6            (viii) $37,500, if the premium is $100,000,000 or
7        more.
8        (b) Admitted assets.
9            (i) $150, if admitted assets are less than
10        $1,000,000;
11            (ii) $750, if admitted assets are $1,000,000 or
12        more, but less than $5,000,000;
13            (iii) $3,750, if admitted assets are $5,000,000 or
14        more, but less than $25,000,000;
15            (iv) $7,500, if admitted assets are $25,000,000 or
16        more, but less than $50,000,000;
17            (v) $18,000, if admitted assets are $50,000,000 or
18        more, but less than $100,000,000;
19            (vi) $22,500, if admitted assets are $100,000,000
20        or more, but less than $500,000,000;
21            (vii) $30,000, if admitted assets are $500,000,000
22        or more, but less than $1,000,000,000;
23            (viii) $37,500, if admitted assets are
24        $1,000,000,000 or more.
25        (c) The sum of financial regulation fees charged to the
26    domestic companies of the same affiliated group shall not

 

 

SB3440- 212 -LRB099 22296 JWD 49713 b

1    exceed $250,000 in the aggregate in any single year and
2    shall be billed by the Director to the member company
3    designated by the group.
4    (7) The Director shall charge and collect an annual
5financial regulation fee from every foreign or alien company,
6except fraternal benefit societies, for the examination and
7analysis of its financial condition and to fund the internal
8costs and expenses of the Interstate Insurance Receivership
9Commission as may be allocated to the State of Illinois and
10companies doing an insurance business in this State pursuant to
11Article X of the Interstate Insurance Receivership Compact. The
12fee shall be a fixed amount based upon Illinois direct premium
13income and nationwide reinsurance assumed premium income in
14accordance with the following schedule:
15        (a) $150, if the premium is less than $500,000 and
16    there is no reinsurance assumed premium;
17        (b) $750, if the premium is $500,000 or more, but less
18    than $5,000,000 and there is no reinsurance assumed
19    premium; or if the premium is less than $5,000,000 and the
20    reinsurance assumed premium is less than $10,000,000;
21        (c) $3,750, if the premium is less than $5,000,000 and
22    the reinsurance assumed premium is $10,000,000 or more;
23        (d) $7,500, if the premium is $5,000,000 or more, but
24    less than $10,000,000;
25        (e) $18,000, if the premium is $10,000,000 or more, but
26    less than $25,000,000;

 

 

SB3440- 213 -LRB099 22296 JWD 49713 b

1        (f) $22,500, if the premium is $25,000,000 or more, but
2    less than $50,000,000;
3        (g) $30,000, if the premium is $50,000,000 or more, but
4    less than $100,000,000;
5        (h) $37,500, if the premium is $100,000,000 or more.
6    The sum of financial regulation fees under this subsection
7(7) charged to the foreign or alien companies within the same
8affiliated group shall not exceed $250,000 in the aggregate in
9any single year and shall be billed by the Director to the
10member company designated by the group.
11    (8) Beginning January 1, 1992, the financial regulation
12fees imposed under subsections (6) and (7) of this Section
13shall be paid by each company or domestic affiliated group
14annually. After January 1, 1994, the fee shall be billed by
15Department invoice based upon the company's premium income or
16admitted assets as shown in its annual statement for the
17preceding calendar year. The invoice is due upon receipt and
18must be paid no later than June 30 of each calendar year. All
19financial regulation fees collected by the Department shall be
20paid to the Insurance Financial Regulation Fund. The Department
21may not collect financial examiner per diem charges from
22companies subject to subsections (6) and (7) of this Section
23undergoing financial examination after June 30, 1992.
24    (9) In addition to the financial regulation fee required by
25this Section, a company undergoing any financial examination
26authorized by law shall pay the following costs and expenses

 

 

SB3440- 214 -LRB099 22296 JWD 49713 b

1incurred by the Department: electronic data processing costs,
2the expenses authorized under Section 131.21 and subsection (d)
3of Section 132.4 of this Code, and lodging and travel expenses.
4    Electronic data processing costs incurred by the
5Department in the performance of any examination shall be
6billed directly to the company undergoing examination for
7payment to the Technology Management Statistical Services
8Revolving Fund. Except for direct reimbursements authorized by
9the Director or direct payments made under Section 131.21 or
10subsection (d) of Section 132.4 of this Code, all financial
11regulation fees and all financial examination charges
12collected by the Department shall be paid to the Insurance
13Financial Regulation Fund.
14    All lodging and travel expenses shall be in accordance with
15applicable travel regulations published by the Department of
16Central Management Services and approved by the Governor's
17Travel Control Board, except that out-of-state lodging and
18travel expenses related to examinations authorized under
19Sections 132.1 through 132.7 shall be in accordance with travel
20rates prescribed under paragraph 301-7.2 of the Federal Travel
21Regulations, 41 C.F.R. 301-7.2, for reimbursement of
22subsistence expenses incurred during official travel. All
23lodging and travel expenses may be reimbursed directly upon the
24authorization of the Director.
25    In the case of an organization or person not subject to the
26financial regulation fee, the expenses incurred in any

 

 

SB3440- 215 -LRB099 22296 JWD 49713 b

1financial examination authorized by law shall be paid by the
2organization or person being examined. The charge shall be
3reasonably related to the cost of the examination including,
4but not limited to, compensation of examiners and other costs
5described in this subsection.
6    (10) Any company, person, or entity failing to make any
7payment of $150 or more as required under this Section shall be
8subject to the penalty and interest provisions provided for in
9subsections (4) and (7) of Section 412.
10    (11) Unless otherwise specified, all of the fees collected
11under this Section shall be paid into the Insurance Financial
12Regulation Fund.
13    (12) For purposes of this Section:
14        (a) "Domestic company" means a company as defined in
15    Section 2 of this Code which is incorporated or organized
16    under the laws of this State, and in addition includes a
17    not-for-profit corporation authorized under the Dental
18    Service Plan Act or the Voluntary Health Services Plans
19    Act, a health maintenance organization, and a limited
20    health service organization.
21        (b) "Foreign company" means a company as defined in
22    Section 2 of this Code which is incorporated or organized
23    under the laws of any state of the United States other than
24    this State and in addition includes a health maintenance
25    organization and a limited health service organization
26    which is incorporated or organized under the laws of any

 

 

SB3440- 216 -LRB099 22296 JWD 49713 b

1    state of the United States other than this State.
2        (c) "Alien company" means a company as defined in
3    Section 2 of this Code which is incorporated or organized
4    under the laws of any country other than the United States.
5        (d) "Fraternal benefit society" means a corporation,
6    society, order, lodge or voluntary association as defined
7    in Section 282.1 of this Code.
8        (e) "Mutual benefit association" means a company,
9    association or corporation authorized by the Director to do
10    business in this State under the provisions of Article
11    XVIII of this Code.
12        (f) "Burial society" means a person, firm,
13    corporation, society or association of individuals
14    authorized by the Director to do business in this State
15    under the provisions of Article XIX of this Code.
16        (g) "Farm mutual" means a district, county and township
17    mutual insurance company authorized by the Director to do
18    business in this State under the provisions of the Farm
19    Mutual Insurance Company Act of 1986.
20(Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;
2197-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
 
22    (215 ILCS 5/408.2)  (from Ch. 73, par. 1020.2)
23    Sec. 408.2. Statistical Services. Any public record, or any
24data obtained by the Department of Insurance, which is subject
25to public inspection or copying and which is maintained on a

 

 

SB3440- 217 -LRB099 22296 JWD 49713 b

1computer processible medium, may be furnished in a computer
2processed or computer processible medium upon the written
3request of any applicant and the payment of a reasonable fee
4established by the Director sufficient to cover the total cost
5of the Department for processing, maintaining and generating
6such computer processible records or data, except to the extent
7of any salaries or compensation of Department officers or
8employees.
9    The Director of Insurance is specifically authorized to
10contract with members of the public at large, enter waiver
11agreements, or otherwise enter written agreements for the
12purpose of assuring public access to the Department's computer
13processible records or data, or for the purpose of restricting,
14controlling or limiting such access where necessary to protect
15the confidentiality of individuals, companies or other
16entities identified by such documents.
17    All fees collected by the Director under this Section 408.2
18shall be deposited in the Technology Management Statistical
19Services Revolving Fund and credited to the account of the
20Department of Insurance. Any surplus funds remaining in such
21account at the close of any fiscal year shall be delivered to
22the State Treasurer for deposit in the Insurance Financial
23Regulation Fund.
24(Source: P.A. 84-989.)
 
25    (215 ILCS 5/1202)  (from Ch. 73, par. 1065.902)

 

 

SB3440- 218 -LRB099 22296 JWD 49713 b

1    Sec. 1202. Duties. The Director shall:
2        (a) determine the relationship of insurance premiums
3    and related income as compared to insurance costs and
4    expenses and provide such information to the General
5    Assembly and the general public;
6        (b) study the insurance system in the State of
7    Illinois, and recommend to the General Assembly what it
8    deems to be the most appropriate and comprehensive cost
9    containment system for the State;
10        (c) respond to the requests by agencies of government
11    and the General Assembly for special studies and analysis
12    of data collected pursuant to this Article. Such reports
13    shall be made available in a form prescribed by the
14    Director. The Director may also determine a fee to be
15    charged to the requesting agency to cover the direct and
16    indirect costs for producing such a report, and shall
17    permit affected insurers the right to review the accuracy
18    of the report before it is released. The fees shall be
19    deposited into the Technology Management Statistical
20    Services Revolving Fund and credited to the account of the
21    Department of Insurance;
22        (d) make an interim report to the General Assembly no
23    later than August 15, 1987, and an a annual report to the
24    General Assembly no later than July 1 every year thereafter
25    which shall include the Director's findings and
26    recommendations regarding its duties as provided under

 

 

SB3440- 219 -LRB099 22296 JWD 49713 b

1    subsections (a), (b), and (c) of this Section.
2(Source: P.A. 98-226, eff. 1-1-14; revised 10-21-15.)
 
3    (215 ILCS 5/1206)  (from Ch. 73, par. 1065.906)
4    Sec. 1206. Expenses. The companies required to file reports
5under this Article shall pay a reasonable fee established by
6the Director sufficient to cover the total cost of the
7Department incident to or associated with the administration
8and enforcement of this Article, including the collection,
9analysis and distribution of the insurance cost data, the
10conversion of hard copy reports to tape, and the compilation
11and analysis of basic reports. The Director may establish a
12schedule of fees for this purpose. Expenses for additional
13reports shall be billed to those requesting the reports. Any
14such fees collected under this Section shall be paid to the
15Director of Insurance and deposited into the Technology
16Management Statistical Services Revolving Fund and credited to
17the account of the Department of Insurance.
18(Source: P.A. 84-1431.)
 
19    Section 30-25. The Workers' Compensation Act is amended by
20changing Section 17 as follows:
 
21    (820 ILCS 305/17)  (from Ch. 48, par. 138.17)
22    Sec. 17. The Commission shall cause to be printed and
23furnish free of charge upon request by any employer or employee

 

 

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

 

 

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1the Commission for processing, maintaining and generating
2records or data necessary for the computerized production of
3documents, records and other materials except to the extent of
4any salaries or compensation of Commission officers or
5employees.
6    All fees collected by the Commission under this Section
7shall be deposited in the Technology Management Statistical
8Services Revolving Fund and credited to the account of the
9Illinois Workers' Compensation Commission.
10(Source: P.A. 99-143, eff. 7-27-15.)
 
11    Section 30-30. The Workers' Occupational Diseases Act is
12amended by changing Section 17 as follows:
 
13    (820 ILCS 310/17)  (from Ch. 48, par. 172.52)
14    Sec. 17. The Commission shall cause to be printed and shall
15furnish free of charge upon request by any employer or employee
16such blank forms as it shall deem requisite to facilitate or
17promote the efficient administration of this Act, and the
18performance of the duties of the Commission. It shall provide a
19proper record in which shall be entered and indexed the name of
20any employer who shall file a notice of election under this
21Act, and the date of the filing thereof; and a proper record in
22which shall be entered and indexed the name of any employee who
23shall file a notice of election, and the date of the filing
24thereof; and such other notices as may be required by this Act;

 

 

SB3440- 222 -LRB099 22296 JWD 49713 b

1and records in which shall be recorded all proceedings, orders
2and awards had or made by the Commission, or by the arbitration
3committees, and such other books or records as it shall deem
4necessary, all such records to be kept in the office of the
5Commission. The Commission, in its discretion, may destroy all
6papers and documents except notices of election and waivers
7which have been on file for more than five years where there is
8no claim for compensation pending, or where more than two years
9have elapsed since the termination of the compensation period.
10    The Commission shall compile and distribute to interested
11persons aggregate statistics, taken from any records and
12reports in the possession of the Commission. The aggregate
13statistics shall not give the names or otherwise identify
14persons sustaining injuries or disabilities or the employer of
15any injured person or person with a disability.
16    The Commission is authorized to establish reasonable fees
17and methods of payment limited to covering only the costs to
18the Commission for processing, maintaining and generating
19records or data necessary for the computerized production of
20documents, records and other materials except to the extent of
21any salaries or compensation of Commission officers or
22employees.
23    All fees collected by the Commission under this Section
24shall be deposited in the Technology Management Statistical
25Services Revolving Fund and credited to the account of the
26Illinois Workers' Compensation Commission.

 

 

SB3440- 223 -LRB099 22296 JWD 49713 b

1(Source: P.A. 99-143, eff. 7-27-15.)
 
2
ARTICLE 35. CAPITAL DEVELOPMENT BOARD REVOLVING FUND

 
3    Section 35-5. The State Finance Act is amended by changing
4Sections 5.857 and 6z-100 as follows:
 
5    (30 ILCS 105/5.857)
6    (Section scheduled to be repealed on July 1, 2016)
7    Sec. 5.857. The Capital Development Board Revolving Fund.
8This Section is repealed July 1, 2020 2016.
9(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15.)
 
10    (30 ILCS 105/6z-100)
11    (Section scheduled to be repealed on July 1, 2016)
12    Sec. 6z-100. Capital Development Board Revolving Fund;
13payments into and use. All monies received by the Capital
14Development Board for publications or copies issued by the
15Board, and all monies received for contract administration
16fees, charges, or reimbursements owing to the Board shall be
17deposited into a special fund known as the Capital Development
18Board Revolving Fund, which is hereby created in the State
19treasury. The monies in this Fund shall be used by the Capital
20Development Board, as appropriated, for expenditures for
21personal services, retirement, social security, contractual
22services, legal services, travel, commodities, printing,

 

 

SB3440- 224 -LRB099 22296 JWD 49713 b

1equipment, electronic data processing, or telecommunications.
2Unexpended moneys in the Fund shall not be transferred or
3allocated by the Comptroller or Treasurer to any other fund,
4nor shall the Governor authorize the transfer or allocation of
5those moneys to any other fund. This Section is repealed July
61, 2020 2016.
7(Source: P.A. 98-674, eff. 6-30-14.)
 
8    Section 35-10. The Capital Development Board Act is amended
9by changing Section 9.02a as follows:
 
10    (20 ILCS 3105/9.02a)  (from Ch. 127, par. 779.02a)
11    (This Section is scheduled to be repealed on June 30, 2016)
12    Sec. 9.02a. To charge contract administration fees used to
13administer and process the terms of contracts awarded by this
14State. Contract administration fees shall not exceed 3% of the
15contract amount. Contract administration fees used to
16administer contracts associated with the legislative complex,
17as defined in Section 8A-15 of the Legislative Commission
18Reorganization Act of 1984, shall be deposited into the Capitol
19Restoration Trust Fund for the use of the Architect of the
20Capitol in the performance of his or her powers or duties. This
21Section is repealed June 30, 2020 2016.
22(Source: P.A. 97-786, eff. 7-13-12; 97-1162, eff. 2-4-13.)
 
23
ARTICLE 95. SEVERABILITY

 

 

 

SB3440- 225 -LRB099 22296 JWD 49713 b

1    Section 95-95. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3
ARTICLE 99. EFFECTIVE DATE

 
4    Section 99-99. Effective date. This Act takes effect upon
5becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 1805/22-3from Ch. 129, par. 220.22-3
4    20 ILCS 1805/22-6 rep.
5    30 ILCS 105/5k
6    30 ILCS 105/6tfrom Ch. 127, par. 142t
7    30 ILCS 105/6z-51
8    30 ILCS 105/8.3from Ch. 127, par. 144.3
9    30 ILCS 105/8.25efrom Ch. 127, par. 144.25e
10    30 ILCS 115/11.1 new
11    30 ILCS 115/12from Ch. 85, par. 616
12    30 ILCS 330/15from Ch. 127, par. 665
13    30 ILCS 420/9afrom Ch. 127, par. 759a
14    30 ILCS 730/4from Ch. 96 1/2, par. 8204
15    50 ILCS 705/9from Ch. 85, par. 509
16    50 ILCS 707/25
17    105 ILCS 5/18-8.05
18    110 ILCS 205/9.35 new
19    110 ILCS 805/5-11from Ch. 122, par. 105-11
20    110 ILCS 805/5-13 new
21    30 ILCS 105/8.12from Ch. 127, par. 144.12
22    30 ILCS 105/14.1from Ch. 127, par. 150.1
23    40 ILCS 5/14-131
24    40 ILCS 15/1.2
25    765 ILCS 1025/18from Ch. 141, par. 118

 

 

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1    20 ILCS 605/605-705was 20 ILCS 605/46.6a
2    20 ILCS 605/605-707was 20 ILCS 605/46.6d
3    20 ILCS 605/605-710
4    20 ILCS 665/4afrom Ch. 127, par. 200-24a
5    20 ILCS 665/5from Ch. 127, par. 200-25
6    20 ILCS 665/8from Ch. 127, par. 200-28
7    30 ILCS 105/5.162 rep.
8    30 ILCS 105/5.523 rep.
9    30 ILCS 105/5.810 rep.
10    35 ILCS 145/6from Ch. 120, par. 481b.36
11    70 ILCS 210/5from Ch. 85, par. 1225
12    30 ILCS 105/6z-101 new
13    30 ILCS 708/20
14    30 ILCS 708/25
15    30 ILCS 708/55
16    30 ILCS 708/85
17    30 ILCS 708/90
18    30 ILCS 708/100
19    30 ILCS 330/2.5
20    30 ILCS 330/9from Ch. 127, par. 659
21    30 ILCS 330/11from Ch. 127, par. 661
22    30 ILCS 330/16from Ch. 127, par. 666
23    30 ILCS 425/6from Ch. 127, par. 2806
24    30 ILCS 425/8from Ch. 127, par. 2808
25    30 ILCS 425/15from Ch. 127, par. 2815
26    20 ILCS 405/405-20was 20 ILCS 405/35.7

 

 

SB3440- 228 -LRB099 22296 JWD 49713 b

1    20 ILCS 405/405-250was 20 ILCS 405/35.7a
2    20 ILCS 405/405-410
3    30 ILCS 105/5.12from Ch. 127, par. 141.12
4    30 ILCS 105/5.55from Ch. 127, par. 141.55
5    30 ILCS 105/6p-1from Ch. 127, par. 142p1
6    30 ILCS 105/6p-2from Ch. 127, par. 142p2
7    30 ILCS 105/6z-34
8    30 ILCS 105/8.16afrom Ch. 127, par. 144.16a
9    40 ILCS 5/1A-112
10    215 ILCS 5/408from Ch. 73, par. 1020
11    215 ILCS 5/408.2from Ch. 73, par. 1020.2
12    215 ILCS 5/1202from Ch. 73, par. 1065.902
13    215 ILCS 5/1206from Ch. 73, par. 1065.906
14    820 ILCS 305/17from Ch. 48, par. 138.17
15    820 ILCS 310/17from Ch. 48, par. 172.52
16    30 ILCS 105/5.857
17    30 ILCS 105/6z-100
18    20 ILCS 3105/9.02afrom Ch. 127, par. 779.02a