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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6FY2018 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9State budget.
 
10    Section 1-10. Designation of reserves.
11    (a) For the purposes of implementing the budget
12recommendations for fiscal year 2018 and balancing the State's
13budget in State fiscal year 2018 only, the Governor may
14designate, by written notice to the Comptroller, a reserve of
15not more than 5% from the amounts appropriated from funds held
16by the Treasurer for State fiscal year 2018 to any State
17agency. However, the Governor may not designate amounts to be
18set aside as a reserve from amounts that (i) have been
19appropriated for payment of debt service, (ii) have been
20appropriated under a statutory continuing appropriation, (iii)
21are State general funds, (iv) are in the Supplemental

 

 

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1Low-Income Energy Assistance Fund, or (v) are funds received
2from federal sources.
3    (b) If the Governor designates amounts to be set aside as a
4reserve, the Governor shall give notice of the designation to
5the Auditor General, the State Treasurer, the State
6Comptroller, the Senate, and the House of Representatives.
7    (c) As used in this Section:
8    "State agency" means all boards, commissions, agencies,
9institutions, authorities, colleges, universities, and bodies
10politic and corporate of the State, but not any other
11constitutional officers, the legislative or judicial branch,
12the office of the Executive Inspector General, or the Executive
13Ethics Commission.
14    "State general funds" has the meaning provided in Section
1550-40 of the State Budget Law.
 
16
ARTICLE 5. AMENDATORY PROVISIONS

 
17    Section 5-2. The Illinois Administrative Procedure Act is
18amended by changing Section 5-45 as follows:
 
19    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
20    Sec. 5-45. Emergency rulemaking.
21    (a) "Emergency" means the existence of any situation that
22any agency finds reasonably constitutes a threat to the public
23interest, safety, or welfare.

 

 

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1    (b) If any agency finds that an emergency exists that
2requires adoption of a rule upon fewer days than is required by
3Section 5-40 and states in writing its reasons for that
4finding, the agency may adopt an emergency rule without prior
5notice or hearing upon filing a notice of emergency rulemaking
6with the Secretary of State under Section 5-70. The notice
7shall include the text of the emergency rule and shall be
8published in the Illinois Register. Consent orders or other
9court orders adopting settlements negotiated by an agency may
10be adopted under this Section. Subject to applicable
11constitutional or statutory provisions, an emergency rule
12becomes effective immediately upon filing under Section 5-65 or
13at a stated date less than 10 days thereafter. The agency's
14finding and a statement of the specific reasons for the finding
15shall be filed with the rule. The agency shall take reasonable
16and appropriate measures to make emergency rules known to the
17persons who may be affected by them.
18    (c) An emergency rule may be effective for a period of not
19longer than 150 days, but the agency's authority to adopt an
20identical rule under Section 5-40 is not precluded. No
21emergency rule may be adopted more than once in any 24-month
22period, except that this limitation on the number of emergency
23rules that may be adopted in a 24-month period does not apply
24to (i) emergency rules that make additions to and deletions
25from the Drug Manual under Section 5-5.16 of the Illinois
26Public Aid Code or the generic drug formulary under Section

 

 

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13.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
2emergency rules adopted by the Pollution Control Board before
3July 1, 1997 to implement portions of the Livestock Management
4Facilities Act, (iii) emergency rules adopted by the Illinois
5Department of Public Health under subsections (a) through (i)
6of Section 2 of the Department of Public Health Act when
7necessary to protect the public's health, (iv) emergency rules
8adopted pursuant to subsection (n) of this Section, (v)
9emergency rules adopted pursuant to subsection (o) of this
10Section, or (vi) emergency rules adopted pursuant to subsection
11(c-5) of this Section. Two or more emergency rules having
12substantially the same purpose and effect shall be deemed to be
13a single rule for purposes of this Section.
14    (c-5) To facilitate the maintenance of the program of group
15health benefits provided to annuitants, survivors, and retired
16employees under the State Employees Group Insurance Act of
171971, rules to alter the contributions to be paid by the State,
18annuitants, survivors, retired employees, or any combination
19of those entities, for that program of group health benefits,
20shall be adopted as emergency rules. The adoption of those
21rules shall be considered an emergency and necessary for the
22public interest, safety, and welfare.
23    (d) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 1999 budget,
25emergency rules to implement any provision of Public Act 90-587
26or 90-588 or any other budget initiative for fiscal year 1999

 

 

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

 

 

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

 

 

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1rules adopted under this subsection (h). The adoption of
2emergency rules authorized by this subsection (h) shall be
3deemed to be necessary for the public interest, safety, and
4welfare.
5    (i) In order to provide for the expeditious and timely
6implementation of the State's fiscal year 2004 budget,
7emergency rules to implement any provision of Public Act 93-20
8or any other budget initiative for fiscal year 2004 may be
9adopted in accordance with this Section by the agency charged
10with administering that provision or initiative, except that
11the 24-month limitation on the adoption of emergency rules and
12the provisions of Sections 5-115 and 5-125 do not apply to
13rules adopted under this subsection (i). The adoption of
14emergency rules authorized by this subsection (i) shall be
15deemed to be necessary for the public interest, safety, and
16welfare.
17    (j) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192005 budget as provided under the Fiscal Year 2005 Budget
20Implementation (Human Services) Act, emergency rules to
21implement any provision of the Fiscal Year 2005 Budget
22Implementation (Human Services) Act may be adopted in
23accordance with this Section by the agency charged with
24administering that provision, except that the 24-month
25limitation on the adoption of emergency rules and the
26provisions of Sections 5-115 and 5-125 do not apply to rules

 

 

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1adopted under this subsection (j). The Department of Public Aid
2may also adopt rules under this subsection (j) necessary to
3administer the Illinois Public Aid Code and the Children's
4Health Insurance Program Act. The adoption of emergency rules
5authorized by this subsection (j) shall be deemed to be
6necessary for the public interest, safety, and welfare.
7    (k) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92006 budget, emergency rules to implement any provision of
10Public Act 94-48 or any other budget initiative for fiscal year
112006 may be adopted in accordance with this Section by the
12agency charged with administering that provision or
13initiative, except that the 24-month limitation on the adoption
14of emergency rules and the provisions of Sections 5-115 and
155-125 do not apply to rules adopted under this subsection (k).
16The Department of Healthcare and Family Services may also adopt
17rules under this subsection (k) necessary to administer the
18Illinois Public Aid Code, the Senior Citizens and Persons with
19Disabilities Property Tax Relief Act, the Senior Citizens and
20Disabled Persons Prescription Drug Discount Program Act (now
21the Illinois Prescription Drug Discount Program Act), and the
22Children's Health Insurance Program Act. The adoption of
23emergency rules authorized by this subsection (k) shall be
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (l) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22007 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2007, including
4rules effective July 1, 2007, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (l) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (m) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152008 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2008, including
17rules effective July 1, 2008, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (m) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (n) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22010 budget, emergency rules to implement any provision of
3Public Act 96-45 or any other budget initiative authorized by
4the 96th General Assembly for fiscal year 2010 may be adopted
5in accordance with this Section by the agency charged with
6administering that provision or initiative. The adoption of
7emergency rules authorized by this subsection (n) shall be
8deemed to be necessary for the public interest, safety, and
9welfare. The rulemaking authority granted in this subsection
10(n) shall apply only to rules promulgated during Fiscal Year
112010.
12    (o) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142011 budget, emergency rules to implement any provision of
15Public Act 96-958 or any other budget initiative authorized by
16the 96th General Assembly for fiscal year 2011 may be adopted
17in accordance with this Section by the agency charged with
18administering that provision or initiative. The adoption of
19emergency rules authorized by this subsection (o) is deemed to
20be necessary for the public interest, safety, and welfare. The
21rulemaking authority granted in this subsection (o) applies
22only to rules promulgated on or after July 1, 2010 (the
23effective date of Public Act 96-958) through June 30, 2011.
24    (p) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 97-689,
26emergency rules to implement any provision of Public Act 97-689

 

 

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1may be adopted in accordance with this subsection (p) by the
2agency charged with administering that provision or
3initiative. The 150-day limitation of the effective period of
4emergency rules does not apply to rules adopted under this
5subsection (p), and the effective period may continue through
6June 30, 2013. The 24-month limitation on the adoption of
7emergency rules does not apply to rules adopted under this
8subsection (p). The adoption of emergency rules authorized by
9this subsection (p) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (q) In order to provide for the expeditious and timely
12implementation of the provisions of Articles 7, 8, 9, 11, and
1312 of Public Act 98-104, emergency rules to implement any
14provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
15may be adopted in accordance with this subsection (q) by the
16agency charged with administering that provision or
17initiative. The 24-month limitation on the adoption of
18emergency rules does not apply to rules adopted under this
19subsection (q). The adoption of emergency rules authorized by
20this subsection (q) is deemed to be necessary for the public
21interest, safety, and welfare.
22    (r) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 98-651,
24emergency rules to implement Public Act 98-651 may be adopted
25in accordance with this subsection (r) by the Department of
26Healthcare and Family Services. The 24-month limitation on the

 

 

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1adoption of emergency rules does not apply to rules adopted
2under this subsection (r). The adoption of emergency rules
3authorized by this subsection (r) is deemed to be necessary for
4the public interest, safety, and welfare.
5    (s) In order to provide for the expeditious and timely
6implementation of the provisions of Sections 5-5b.1 and 5A-2 of
7the Illinois Public Aid Code, emergency rules to implement any
8provision of Section 5-5b.1 or Section 5A-2 of the Illinois
9Public Aid Code may be adopted in accordance with this
10subsection (s) by the Department of Healthcare and Family
11Services. The rulemaking authority granted in this subsection
12(s) shall apply only to those rules adopted prior to July 1,
132015. Notwithstanding any other provision of this Section, any
14emergency rule adopted under this subsection (s) shall only
15apply to payments made for State fiscal year 2015. The adoption
16of emergency rules authorized by this subsection (s) is deemed
17to be necessary for the public interest, safety, and welfare.
18    (t) In order to provide for the expeditious and timely
19implementation of the provisions of Article II of Public Act
2099-6, emergency rules to implement the changes made by Article
21II of Public Act 99-6 to the Emergency Telephone System Act may
22be adopted in accordance with this subsection (t) by the
23Department of State Police. The rulemaking authority granted in
24this subsection (t) shall apply only to those rules adopted
25prior to July 1, 2016. The 24-month limitation on the adoption
26of emergency rules does not apply to rules adopted under this

 

 

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1subsection (t). The adoption of emergency rules authorized by
2this subsection (t) is deemed to be necessary for the public
3interest, safety, and welfare.
4    (u) In order to provide for the expeditious and timely
5implementation of the provisions of the Burn Victims Relief
6Act, emergency rules to implement any provision of the Act may
7be adopted in accordance with this subsection (u) by the
8Department of Insurance. The rulemaking authority granted in
9this subsection (u) shall apply only to those rules adopted
10prior to December 31, 2015. The adoption of emergency rules
11authorized by this subsection (u) is deemed to be necessary for
12the public interest, safety, and welfare.
13    (v) In order to provide for the expeditious and timely
14implementation of the provisions of Public Act 99-516,
15emergency rules to implement Public Act 99-516 may be adopted
16in accordance with this subsection (v) by the Department of
17Healthcare and Family Services. The 24-month limitation on the
18adoption of emergency rules does not apply to rules adopted
19under this subsection (v). The adoption of emergency rules
20authorized by this subsection (v) is deemed to be necessary for
21the public interest, safety, and welfare.
22    (w) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 99-796,
24emergency rules to implement the changes made by Public Act
2599-796 may be adopted in accordance with this subsection (w) by
26the Adjutant General. The adoption of emergency rules

 

 

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1authorized by this subsection (w) is deemed to be necessary for
2the public interest, safety, and welfare.
3    (x) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 99-906 this
5amendatory Act of the 99th General Assembly, emergency rules to
6implement subsection (i) of Section 16-115D, subsection (g) of
7Section 16-128A, and subsection (a) of Section 16-128B of the
8Public Utilities Act may be adopted in accordance with this
9subsection (x) by the Illinois Commerce Commission. The
10rulemaking authority granted in this subsection (x) shall apply
11only to those rules adopted within 180 days after June 1, 2017
12(the effective date of Public Act 99-906) this amendatory Act
13of the 99th General Assembly. The adoption of emergency rules
14authorized by this subsection (x) is deemed to be necessary for
15the public interest, safety, and welfare.
16    (y) In order to provide for the expeditious and timely
17implementation of the provisions of this amendatory Act of the
18100th General Assembly, emergency rules to implement the
19changes made by this amendatory Act of the 100th General
20Assembly to Section 4.02 of the Illinois Act on Aging, Sections
215.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
22of the Alcoholism and Other Drug Abuse and Dependency Act, and
23Sections 74 and 75 of the Mental Health and Developmental
24Disabilities Administrative Act may be adopted in accordance
25with this subsection (y) by the respective Department. The
26adoption of emergency rules authorized by this subsection (y)

 

 

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1is deemed to be necessary for the public interest, safety, and
2welfare.
3(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
498-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
599-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
66-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
7eff. 6-1-17; revised 1-1-17.)
 
8    Section 5-3. The State Budget Law of the Civil
9Administrative Code of Illinois is amended by adding Section
1050-40 as follows:
 
11    (15 ILCS 20/50-40 new)
12    Sec. 50-40. General funds defined. "General funds" or
13"State general funds" means the General Revenue Fund, the
14Common School Fund, the General Revenue Common School Special
15Account Fund, the Education Assistance Fund, the Fund for the
16Advancement of Education, the Commitment to Human Services
17Fund, and the Budget Stabilization Fund.
 
18    Section 5-5. The Mental Health and Developmental
19Disabilities Administrative Act is amended by adding Section 74
20as follows:
 
21    (20 ILCS 1705/74 new)
22    Sec. 74. Rates and reimbursements. Within 30 days after the

 

 

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1effective date of this amendatory Act of the 100th General
2Assembly, the Department shall increase rates and
3reimbursements to fund a minimum of a $0.75 per hour wage
4increase for front-line personnel, including, but not limited
5to, direct support persons, aides, front-line supervisors,
6qualified intellectual disabilities professionals, nurses, and
7non-administrative support staff working in community-based
8provider organizations serving individuals with developmental
9disabilities. The Department shall adopt rules, including
10emergency rules under subsection (y) of Section 5-45 of the
11Illinois Administrative Procedure Act, to implement the
12provisions of this Section.
 
13    Section 5-8. Purpose.
14    (a) The General Assembly finds and declares that:
15        (1) Sections 5.857 and 6z-100 of the State Finance Act
16    contained internal repealer dates of July 1, 2017.
17        (2) It is the purpose of this Section and Section 5-9
18    to reenact Sections 5.857 and 6z-100 of the State Finance
19    Act as if they had never been internally repealed, and make
20    additional changes to those Sections. The reenacted
21    material is shown as existing text; striking and
22    underscoring have been used only to show the changes being
23    made by Section 5-9 in the reenacted text.
24        (3) This Section and Section 5-9 are not intended to
25    supersede any other Public Act of the 100th General

 

 

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1    Assembly.
2        (4) This Section and Section 5-9 are intended to
3    validate the requirements arising under Sections 5.857 and
4    6z-100 of the State Finance Act and actions taken in
5    compliance with those requirements.
 
6    Section 5-9. The State Finance Act is amended by reenacting
7and changing Sections 5.857 and 6z-100 as follows:
 
8    (30 ILCS 105/5.857)
9    Sec. 5.857. The Capital Development Board Revolving Fund.
10This Section is repealed July 1, 2018 2017.
11(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15;
1299-523, eff. 6-30-16.)
 
13    (30 ILCS 105/6z-100)
14    Sec. 6z-100. Capital Development Board Revolving Fund;
15payments into and use. All monies received by the Capital
16Development Board for publications or copies issued by the
17Board, and all monies received for contract administration
18fees, charges, or reimbursements owing to the Board shall be
19deposited into a special fund known as the Capital Development
20Board Revolving Fund, which is hereby created in the State
21treasury. The monies in this Fund shall be used by the Capital
22Development Board, as appropriated, for expenditures for
23personal services, retirement, social security, contractual

 

 

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1services, legal services, travel, commodities, printing,
2equipment, electronic data processing, or telecommunications.
3Unexpended moneys in the Fund shall not be transferred or
4allocated by the Comptroller or Treasurer to any other fund,
5nor shall the Governor authorize the transfer or allocation of
6those moneys to any other fund. This Section is repealed July
71, 2018 2017.
8(Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
 
9    Section 5-10. The State Finance Act is amended by changing
10Sections 6t, 6z-27, 6z-30, 6z-32, 6z-45, 6z-52, 8.3, 8.25e, 8g,
118g-1, and 13.2 as follows:
 
12    (30 ILCS 105/6t)  (from Ch. 127, par. 142t)
13    Sec. 6t. The Capital Development Board Contributory Trust
14Fund is created and there shall be paid into the Capital
15Development Board Contributory Trust Fund the monies
16contributed by and received from Public Community College
17Districts, Elementary, Secondary, and Unit School Districts,
18and Vocational Education Facilities, provided, however, no
19monies shall be required from a participating Public Community
20College District, Elementary, Secondary, or Unit School
21District, or Vocational Education Facility more than 30 days
22prior to anticipated need under the particular contract for the
23Public Community College District, Elementary, Secondary, or
24Unit School District, or Vocational Education Facility. No

 

 

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1monies in any fund in the State Treasury, nor any funds under
2the control or beneficial control of any state agency,
3university, college, department, commission, board or any
4other unit of state government shall be deposited, paid into,
5or by any other means caused to be placed into the Capital
6Development Board Contributory Trust Fund, except for federal
7funds, bid bond forfeitures, and insurance proceeds as provided
8for below.
9    There shall be paid into the Capital Development Board
10Contributory Trust Fund all federal funds to be utilized for
11the construction of capital projects under the jurisdiction of
12the Capital Development Board, and all proceeds resulting from
13such federal funds. All such funds shall be remitted to the
14Capital Development Board within 10 working days of their
15receipt by the receiving authority.
16    There shall also be paid into this Fund all monies
17designated as gifts, donations or charitable contributions
18which may be contributed by an individual or entity, whether
19public or private, for a specific capital improvement project.
20    There shall also be paid into this Fund all proceeds from
21bid bond forfeitures in connection with any project formally
22bid and awarded by the Capital Development Board.
23    There shall also be paid into this Fund all builders risk
24insurance policy proceeds and all other funds recovered from
25contractors, sureties, architects, material suppliers or other
26persons contracting with the Capital Development Board for

 

 

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

 

 

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1from the incident for which the proceeds were paid to the State
2or the Capital Development Board Contributory Trust Fund. Any
3residual amounts remaining after the completion of such
4repairs, renovation, reconstruction or other work necessary to
5restore the capital improvement project to acceptable
6condition shall be returned to the proper fund or entity
7financing or contributing towards the cost of the capital
8improvement project. Such returns shall be made in amounts
9proportionate to the contributions made in furtherance of the
10project.
11    Any monies received as a gift, donation or charitable
12contribution for a specific capital improvement which have not
13been expended in furtherance of that project shall be returned
14to the contributing party after completion of the project or if
15the legislature fails to authorize the capital improvement.
16    The unused portion of any federal funds received for a
17capital improvement project which are not contributed, upon its
18completion, towards the cost of the project, shall remain in
19the Capital Development Board Contributory Trust Fund and shall
20be used for capital projects and for no other purpose, subject
21to appropriation and as directed by the Capital Development
22Board.
23(Source: P.A. 97-792, eff. 1-1-13.)
 
24    (30 ILCS 105/6z-27)
25    Sec. 6z-27. All moneys in the Audit Expense Fund shall be

 

 

SB0042 Enrolled- 22 -LRB100 04925 MLM 14935 b

1transferred, appropriated and used only for the purposes
2authorized by, and subject to the limitations and conditions
3prescribed by, the State Auditing Act.
4    Within 30 days after the effective date of this amendatory
5Act of the 100th General Assembly, the State Comptroller shall
6order transferred and the State Treasurer shall transfer from
7the following funds moneys in the specified amounts for deposit
8into the Audit Expense Fund:
9Agricultural Premium Fund.............................182,124
10Assisted Living and Shared Housing Regulatory Fund......1,631
11Capital Development Board Revolving Fund................8,023
12Care Provider Fund for Persons with a
13    Developmental Disability...........................17,737
14Carolyn Adams Ticket for the Cure Grant Fund............1,080
15CDLIS/AAMVAnet/NMVTIS Trust Fund........................2,234
16Chicago State University Education Improvement Fund.....5,437
17Child Support Administrative Fund.......................5,110
18Common School Fund....................................312,638
19Communications Revolving Fund..........................40,492
20Community Mental Health Medicaid Trust Fund............30,952
21Death Certificate Surcharge Fund........................2,243
22Death Penalty Abolition Fund............................8,367
23Department of Business Services Special Operations Fund.11,982
24Department of Human Services Community Services Fund....4,340
25Downstate Public Transportation Fund....................6,600
26Driver Services Administration Fund.....................2,644

 

 

SB0042 Enrolled- 23 -LRB100 04925 MLM 14935 b

1Drivers Education Fund....................................517
2Drug Rebate Fund.......................................17,541
3Drug Treatment Fund.....................................2,133
4Drunk & Drugged Driving Prevention Fund...................874
5Education Assistance Fund.............................894,514
6Electronic Health Record Incentive Fund.................1,155
7Emergency Public Health Fund............................9,025
8EMS Assistance Fund.....................................3,705
9Estate Tax Refund Fund..................................2,088
10Facilities Management Revolving Fund...................92,392
11Facility Licensing Fund.................................3,189
12Fair & Exposition Fund.................................13,059
13Federal High Speed Rail Trust Fund......................9,168
14Feed Control Fund......................................14,955
15Fertilizer Control Fund.................................9,404
16Fire Prevention Fund....................................4,146
17Food and Drug Safety Fund...............................1,101
18Fund for the Advancement of Education..................12,463
19General Revenue Fund...............................17,653,153
20Grade Crossing Protection Fund............................965
21Hazardous Waste Research Fund.............................543
22Health Facility Plan Review Fund........................3,704
23Health and Human Services Medicaid Trust Fund..........16,996
24Healthcare Provider Relief Fund.......................147,619
25Home Care Services Agency Licensure Fund................3,285
26Hospital Provider Fund.................................76,973

 

 

SB0042 Enrolled- 24 -LRB100 04925 MLM 14935 b

1ICJIA Violence Prevention Fund..........................8,062
2Illinois Affordable Housing Trust Fund..................6,878
3Illinois Department of Agriculture Laboratory
4    Services Revolving Fund.............7,887
5Illinois Health Facilities Planning Fund................4,816
6IMSA Income Fund........................................6,876
7Illinois School Asbestos Abatement Fund.................2,058
8Illinois Standardbred Breeders Fund.....................1,381
9Illinois State Fair Fund...............................94,229
10Illinois Thoroughbred Breeders Fund.....................3,974
11Illinois Veterans' Rehabilitation Fund..................1,308
12Illinois Workers Compensation
13    Commission Operations Fund........................183,518
14Income Tax Refund Fund.................................36,095
15Lead Poisoning Screening, Prevention,
16    and Abatement Fund..................................3,311
17Live and Learn Fund....................................22,956
18Livestock Management Facilities Fund......................683
19Lobbyist Registration Administration Fund...............1,057
20Local Government Distributive Fund.....................26,025
21Long Term Care
22    Monitor/Receiver Fund..............................63,014
23Long Term Care Provider Fund...........................15,082
24Mandatory Arbitration Fund..............................2,484
25Medical Interagency Program Fund........................1,343
26Mental Health Fund......................................9,176

 

 

SB0042 Enrolled- 25 -LRB100 04925 MLM 14935 b

1Metabolic Screening and Treatment Fund.................41,241
2Monitoring Device Driving Permit
3    Administration Fee Fund.............................1,403
4Motor Fuel Tax Fund....................................23,607
5Motor Vehicle License Plate Fund.......................15,200
6Motor Vehicle Theft
7    Prevention Trust Fund...............................4,803
8Multiple Sclerosis Research Fund........................5,380
9Nursing Dedicated and Professional Fund.................1,613
10Partners for Conservation Fund..........................8,620
11Personal Property Tax Replacement Fund.................23,828
12Pesticide Control Fund.................................83,517
13Pet Population Control Fund...............................526
14Plumbing Licensure and Program Fund.....................5,148
15Professional Services Fund..............................6,487
16Public Health Laboratory
17    Services Revolving Fund............................11,242
18Public Transportation Fund.............................16,112
19Road Fund.............................................746,799
20Regional Transportation Authority Occupation
21    and Use Tax Replacement Fund...............563
22School Infrastructure Fund.............................17,532
23Secretary of State DUI Administration Fund..............2,336
24Secretary of State Identification Security
25    and Theft Prevention Fund..........................11,609
26Secretary of State Special License Plate Fund ..........4,561

 

 

SB0042 Enrolled- 26 -LRB100 04925 MLM 14935 b

1Secretary of State Special Services Fund...............24,693
2Securities Audit and Enforcement Fund...................9,137
3Special Education Medicaid Matching Fund................5,019
4State and Local Sales Tax Reform Fund...................1,380
5State Construction Account Fund........................27,323
6State Gaming Fund......................................79,018
7State Garage Revolving Fund............................15,516
8State Lottery Fund....................................348,448
9State Pensions Fund...................................500,000
10State Surplus Property Revolving Fund...................2,025
11State Treasurer's Bank Services Trust Fund................551
12Statistical Services Revolving Fund....................63,131
13Supreme Court Historic Preservation Fund...............33,226
14Tattoo and Body Piercing
15    Establishment Registration Fund.......................812
16Tobacco Settlement Recovery Fund.......................23,084
17Trauma Center Fund.....................................12,572
18University of Illinois Hospital Services Fund...........4,260
19Vehicle Inspection Fund.................................3,266
20Weights and Measures Fund..............................72,488
21    Within 30 days after the effective date of this amendatory
22Act of the 99th General Assembly, the State Comptroller shall
23order transferred and the State Treasurer shall transfer from
24the following funds moneys in the specified amounts for deposit
25into the Audit Expense Fund:
26Agricultural Premium Fund..............................19,395

 

 

SB0042 Enrolled- 27 -LRB100 04925 MLM 14935 b

1Anna Veterans Home Fund................................12,842
2Appraisal Administration Fund...........................3,740
3Athletics Supervision and Regulation Fund.................599
4Attorney General Court Ordered and Voluntary
5    Compliance Payment Projects Fund...................16,998
6Attorney General Whistleblower Reward and
7    Protection Fund....................................12,417
8Bank and Trust Company Fund............................91,273
9Capital Development Board Revolving Fund................2,655
10Care Provider Fund for Persons with a
11    Developmental Disability............................4,576
12Cemetery Oversight Licensing and Disciplinary Fund......5,060
13Chicago State University Education Improvement Fund.....4,717
14Child Support Administrative Fund.......................2,833
15Coal Technology Development Assistance Fund.............7,891
16Commitment to Human Services Fund......................23,860
17Common School Fund....................................428,811
18The Communications Revolving Fund.......................7,163
19The Community Association Manager
20    Licensing and Disciplinary Fund.......................817
21Community Mental Health Medicaid Trust Fund............10,761
22Credit Union Fund......................................17,533
23Cycle Rider Safety Training Fund..........................589
24DCFS Children's Services Fund.........................249,796
25Department of Business Services Special Operations Fund.3,354
26Department of Corrections Reimbursement

 

 

SB0042 Enrolled- 28 -LRB100 04925 MLM 14935 b

1    and Education Fund.................................16,949
2Department of Human Services Community Services Fund......821
3Design Professionals Administration
4    and Investigation Fund..............................3,768
5Digital Divide Elimination Fund.........................2,087
6The Downstate Public Transportation Fund...............23,216
7Driver Services Administration Fund.......................820
8Drivers Education Fund..................................1,221
9Drug Rebate Fund.......................................10,020
10Education Assistance Fund...........................1,594,645
11Electronic Health Record Incentive Fund.................1,090
12Energy Efficiency Portfolio Standards Fund.............37,275
13Estate Tax Refund Fund..................................1,242
14Facilities Management Revolving Fund...................13,526
15Fair and Exposition Fund..................................826
16Federal Asset Forfeiture Fund...........................1,094
17Federal High Speed Rail Trust Fund.....................29,251
18Federal Workforce Training Fund........................86,488
19Feed Control Fund.......................................1,479
20Fertilizer Control Fund...................................929
21The Fire Prevention Fund..............................114,348
22Fund for the Advancement of Education..................13,642
23General Professions Dedicated Fund.....................24,725
24General Revenue Fund...............................17,051,839
25Grade Crossing Protection Fund..........................6,588
26Health and Human Services Medicaid Trust Fund...........4,153

 

 

SB0042 Enrolled- 29 -LRB100 04925 MLM 14935 b

1Healthcare Provider Relief Fund.......................106,645
2Hospital Provider Fund.................................36,223
3Illinois Affordable Housing Trust Fund..................5,592
4Illinois Capital Revolving Loan Fund......................627
5Illinois Charity Bureau Fund............................3,403
6Illinois Gaming Law Enforcement Fund....................1,885
7Illinois Standardbred Breeders Fund.......................946
8Illinois State Dental Disciplinary Fund.................4,382
9Illinois State Fair Fund................................6,727
10Illinois State Medical Disciplinary Fund...............15,709
11Illinois State Pharmacy Disciplinary Fund...............5,619
12Illinois Thoroughbred Breeders Fund.....................1,172
13Illinois Veterans Assistance Fund.......................8,519
14Illinois Veterans' Rehabilitation Fund....................658
15Illinois Workers' Compensation Commission
16    Operations Fund.....................................2,849
17IMSA Income Fund.......................................11,085
18Income Tax Refund Fund................................170,345
19Insurance Financial Regulation Fund....................94,108
20Insurance Premium Tax Refund Fund......................13,251
21Insurance Producer Administration Fund.................86,750
22International Tourism Fund..............................2,578
23LaSalle Veterans Home Fund.............................42,416
24LEADS Maintenance Fund..................................1,223
25Live and Learn Fund.....................................6,473
26The Local Government Distributive Fund................106,860

 

 

SB0042 Enrolled- 30 -LRB100 04925 MLM 14935 b

1Local Tourism Fund......................................9,144
2Long-Term Care Provider Fund............................5,951
3Manteno Veterans Home Fund.............................73,818
4Medical Interagency Program Fund..........................811
5Medical Special Purposes Trust Fund.......................521
6Mental Health Fund......................................4,704
7Motor Carrier Safety Inspection Fund....................2,188
8The Motor Fuel Tax Fund................................73,255
9Motor Vehicle License Plate Fund........................3,976
10Nursing Dedicated and Professional Fund.................9,858
11Optometric Licensing and Disciplinary Board Fund........1,382
12Partners for Conservation Fund..........................8,083
13Pawnbroker Regulation Fund................................853
14The Personal Property Tax Replacement Fund............105,572
15Pesticide Control Fund..................................5,634
16Professional Services Fund................................726
17Professions Indirect Cost Fund........................140,237
18Public Pension Regulation Fund.........................10,026
19The Public Transportation Fund.........................61,189
20Quincy Veterans Home Fund..............................88,224
21Real Estate License Administration Fund................23,587
22Registered Certified Public Accountants'
23    Administration and Disciplinary Fund................1,370
24Renewable Energy Resources Trust Fund...................1,689
25Residential Finance Regulatory Fund....................12,638
26The Road Fund.........................................332,667

 

 

SB0042 Enrolled- 31 -LRB100 04925 MLM 14935 b

1Regional Transportation Authority
2    Occupation and Use Tax Replacement Fund.............2,526
3Savings Bank Regulatory Fund..............................851
4School Infrastructure Fund..............................4,852
5Secretary of State DUI Administration Fund................544
6Secretary of State Identification Security
7    and Theft Prevention Fund...........................1,645
8Secretary of State Special License Plate Fund...........1,203
9Secretary of State Special Services Fund................6,197
10Securities Audit and Enforcement Fund...................2,793
11Solid Waste Management Fund.............................1,262
12Special Education Medicaid Matching Fund................2,217
13State and Local Sales Tax Reform Fund...................5,177
14State Asset Forfeiture Fund.............................1,945
15State Construction Account Fund........................67,375
16State Crime Laboratory Fund...............................566
17State Gaming Fund.....................................246,099
18The State Garage Revolving Fund.........................3,606
19The State Lottery Fund................................201,779
20State Offender DNA Identification System Fund...........2,246
21State Pensions Fund...................................500,000
22State Police DUI Fund...................................1,560
23State Police Firearm Services Fund......................6,152
24State Police Services Fund.............................19,425
25State Police Vehicle Fund...............................6,991
26State Police Whistleblower Reward and Protection Fund...4,430

 

 

SB0042 Enrolled- 32 -LRB100 04925 MLM 14935 b

1State Police Wireless Service Emergency Fund..............894
2The Statistical Services Revolving Fund................10,266
3Supplemental Low-Income Energy Assistance Fund.........67,729
4Tax Compliance and Administration Fund..................1,145
5Tobacco Settlement Recovery Fund........................3,199
6Tourism Promotion Fund.................................42,906
7Traffic and Criminal Conviction Surcharge Fund..........4,885
8Underground Storage Tank Fund..........................19,316
9University of Illinois Hospital Services Fund...........2,862
10The Vehicle Inspection Fund...............................909
11Violent Crime Victims Assistance Fund..................13,828
12Weights and Measures Fund...............................4,826
13The Working Capital Revolving Fund.....................30,401
14    Within 30 days after July 14, 2015 (the effective date of
15Public Act 99-38), the State Comptroller shall order
16transferred and the State Treasurer shall transfer from the
17following funds moneys in the specified amounts for deposit
18into the Audit Expense Fund:
19African-American HIV/AIDS Response Fund.................2,333
20Agricultural Premium Fund.............................141,245
21Assisted Living and Shared Housing Regulatory Fund......1,146
22Capital Development Board Revolving Fund................1,473
23Care Provider Fund for Persons with
24    a Developmental Disability.........................13,520
25Carolyn Adams Ticket For The Cure Grant Fund..............632
26CD LIS/ AAMV Anet/NMVTIS Trust Fund.......................587

 

 

SB0042 Enrolled- 33 -LRB100 04925 MLM 14935 b

1Chicago State University Education Improvement Fund.....9,881
2Child Support Administrative Fund.......................5,192
3Common School Fund....................................255,306
4The Communications Revolving Fund......................14,823
5Community Mental Health Medicaid Trust Fund............43,141
6Death Certificate Surcharge Fund........................2,596
7Death Penalty Abolition Fund..............................864
8Department of Business Services Special Operations Fund.9,484
9Department of Human Services Community Services Fund....6,131
10The Downstate Public Transportation Fund................7,975
11Drug Rebate Fund.......................................16,022
12Drug Treatment Fund.....................................1,392
13Drunk and Drugged Driving Prevention Fund.................772
14The Education Assistance Fund.......................1,587,191
15Electronic Health Record Incentive Fund.................4,196
16Emergency Public Health Fund............................8,501
17EMS Assistance Fund.......................................796
18Estate Tax Refund Fund..................................1,792
19Facilities Management Revolving Fund...................22,122
20Facility Licensing Fund.................................4,655
21Fair and Exposition Fund................................5,440
22Federal High Speed Rail Trust Fund......................6,789
23Feed Control Fund.......................................5,082
24Fertilizer Control Fund.................................6,041
25The Fire Prevention Fund................................4,653
26Food and Drug Safety Fund...............................1,636

 

 

SB0042 Enrolled- 34 -LRB100 04925 MLM 14935 b

1General Professions Dedicated Fund......................3,296
2The General Revenue Fund...........................17,190,905
3Grade Crossing Protection Fund..........................1,134
4Health and Human Services Medicaid Trust Fund..........14,252
5Health Facility Plan Review Fund........................3,355
6Healthcare Provider Relief Fund.......................220,261
7Healthy Smiles Fund.......................................694
8Home Care Services Agency Licensure Fund................1,383
9Hospital Provider Fund.................................77,300
10ICJIA Violence Prevention Fund..........................2,370
11Illinois Affordable Housing Trust Fund..................6,609
12Illinois Department of Agriculture
13    Laboratory Services Revolving Fund..................3,386
14Illinois Health Facilities Planning Fund................3,582
15Illinois School Asbestos Abatement Fund.................1,742
16Illinois Standardbred Breeders Fund.....................7,697
17Illinois State Fair Fund...............................40,283
18Illinois Thoroughbred Breeders Fund....................11,711
19Illinois Veterans' Rehabilitation Fund..................2,084
20Illinois Workers' Compensation Commission
21    Operations Fund...................................182,586
22IMSA Income Fund........................................7,840
23Income Tax Refund Fund.................................62,221
24Lead Poisoning Screening, Prevention, and Abatement Fund.4,507
25Live and Learn Fund....................................18,652
26Lobbyist Registration Administration Fund.................623

 

 

SB0042 Enrolled- 35 -LRB100 04925 MLM 14935 b

1The Local Government Distributive Fund.................35,569
2Long Term Care Monitor/Receiver Fund...................24,533
3Long-Term Care Provider Fund...........................15,559
4Low-Level Radioactive Waste Facility
5    Development and Operation Fund......................1,286
6Mandatory Arbitration Fund..............................2,978
7Medical Interagency Program Fund........................2,120
8Medical Special Purposes Trust Fund.....................1,829
9Mental Health Fund.....................................10,964
10Metabolic Screening and Treatment Fund.................28,495
11Monitoring Device Driving Permit Administration Fee Fund.1,021
12The Motor Fuel Tax Fund................................27,802
13Motor Vehicle License Plate Fund.......................10,715
14Motor Vehicle Theft Prevention Trust Fund..............10,219
15Multiple Sclerosis Research Fund........................2,552
16Nuclear Safety Emergency Preparedness Fund.............31,006
17Nursing Dedicated and Professional Fund.................2,350
18Partners for Conservation Fund.........................69,830
19The Personal Property Tax Replacement Fund.............36,349
20Pesticide Control Fund.................................32,100
21Plumbing Licensure and Program Fund.....................2,237
22Professional Services Fund..............................1,177
23Public Health Laboratory Services Revolving Fund........5,556
24The Public Transportation Fund.........................20,547
25Radiation Protection Fund..............................12,033
26The Road Fund.........................................153,257

 

 

SB0042 Enrolled- 36 -LRB100 04925 MLM 14935 b

1Regional Transportation Authority
2    Occupation and Use Tax Replacement Fund...............799
3School Infrastructure Fund..............................5,976
4Secretary of State DUI Administration Fund..............1,767
5Secretary of State Identification
6    Security and Theft Prevention Fund..................2,551
7Secretary of State Special License Plate Fund...........3,483
8Secretary of State Special Services Fund...............21,708
9Securities Audit and Enforcement Fund...................5,637
10Securities Investors Education Fund.......................894
11Special Education Medicaid Matching Fund................4,648
12State and Local Sales Tax Reform Fund...................1,651
13State Construction Account Fund........................27,868
14The State Garage Revolving Fund.........................7,320
15The State Lottery Fund................................398,712
16State Pensions Fund...................................500,000
17The Statistical Services Revolving Fund................17,481
18Supreme Court Historic Preservation Fund...............28,000
19Tanning Facility Permit Fund..............................549
20Tobacco Settlement Recovery Fund.......................30,438
21Trauma Center Fund.....................................10,050
22University of Illinois Hospital Services Fund...........9,247
23The Vehicle Inspection Fund.............................2,810
24Weights and Measures Fund..............................31,534
25The Working Capital Revolving Fund.....................15,960
26    Notwithstanding any provision of the law to the contrary,

 

 

SB0042 Enrolled- 37 -LRB100 04925 MLM 14935 b

1the General Assembly hereby authorizes the use of such funds
2for the purposes set forth in this Section.
3    These provisions do not apply to funds classified by the
4Comptroller as federal trust funds or State trust funds. The
5Audit Expense Fund may receive transfers from those trust funds
6only as directed herein, except where prohibited by the terms
7of the trust fund agreement. The Auditor General shall notify
8the trustees of those funds of the estimated cost of the audit
9to be incurred under the Illinois State Auditing Act for the
10fund. The trustees of those funds shall direct the State
11Comptroller and Treasurer to transfer the estimated amount to
12the Audit Expense Fund.
13    The Auditor General may bill entities that are not subject
14to the above transfer provisions, including private entities,
15related organizations and entities whose funds are
16locally-held, for the cost of audits, studies, and
17investigations incurred on their behalf. Any revenues received
18under this provision shall be deposited into the Audit Expense
19Fund.
20    In the event that moneys on deposit in any fund are
21unavailable, by reason of deficiency or any other reason
22preventing their lawful transfer, the State Comptroller shall
23order transferred and the State Treasurer shall transfer the
24amount deficient or otherwise unavailable from the General
25Revenue Fund for deposit into the Audit Expense Fund.
26    On or before December 1, 1992, and each December 1

 

 

SB0042 Enrolled- 38 -LRB100 04925 MLM 14935 b

1thereafter, the Auditor General shall notify the Governor's
2Office of Management and Budget (formerly Bureau of the Budget)
3of the amount estimated to be necessary to pay for audits,
4studies, and investigations in accordance with the Illinois
5State Auditing Act during the next succeeding fiscal year for
6each State fund for which a transfer or reimbursement is
7anticipated.
8    Beginning with fiscal year 1994 and during each fiscal year
9thereafter, the Auditor General may direct the State
10Comptroller and Treasurer to transfer moneys from funds
11authorized by the General Assembly for that fund. In the event
12funds, including federal and State trust funds but excluding
13the General Revenue Fund, are transferred, during fiscal year
141994 and during each fiscal year thereafter, in excess of the
15amount to pay actual costs attributable to audits, studies, and
16investigations as permitted or required by the Illinois State
17Auditing Act or specific action of the General Assembly, the
18Auditor General shall, on September 30, or as soon thereafter
19as is practicable, direct the State Comptroller and Treasurer
20to transfer the excess amount back to the fund from which it
21was originally transferred.
22(Source: P.A. 98-270, eff. 8-9-13; 98-676, eff. 6-30-14; 99-38,
23eff. 7-14-15; 99-523, eff. 6-30-16.)
 
24    (30 ILCS 105/6z-30)
25    Sec. 6z-30. University of Illinois Hospital Services Fund.

 

 

SB0042 Enrolled- 39 -LRB100 04925 MLM 14935 b

1    (a) The University of Illinois Hospital Services Fund is
2created as a special fund in the State Treasury. The following
3moneys shall be deposited into the Fund:
4        (1) As soon as possible after the beginning of fiscal
5    year 2010, and in no event later than July 30, the State
6    Comptroller and the State Treasurer shall automatically
7    transfer $30,000,000 from the General Revenue Fund to the
8    University of Illinois Hospital Services Fund.
9        (1.5) Starting in fiscal year 2011, and continuing
10    through fiscal year 2017, as soon as possible after the
11    beginning of each fiscal year, and in no event later than
12    July 30, the State Comptroller and the State Treasurer
13    shall automatically transfer $45,000,000 from the General
14    Revenue Fund to the University of Illinois Hospital
15    Services Fund; except that, in fiscal year 2012 only, the
16    State Comptroller and the State Treasurer shall transfer
17    $90,000,000 from the General Revenue Fund to the University
18    of Illinois Hospital Services Fund under this paragraph,
19    and, in fiscal year 2013 only, the State Comptroller and
20    the State Treasurer shall transfer no amounts from the
21    General Revenue Fund to the University of Illinois Hospital
22    Services Fund under this paragraph.
23        (1.7) Starting in fiscal year 2018, at the direction of
24    and upon notification from the Director of Healthcare and
25    Family Services, the State Comptroller shall direct and the
26    State Treasurer shall transfer an amount of at least

 

 

SB0042 Enrolled- 40 -LRB100 04925 MLM 14935 b

1    $20,000,000 but not exceeding a total of $45,000,000 from
2    the General Revenue Fund to the University of Illinois
3    Hospital Services Fund in each fiscal year.
4        (2) All intergovernmental transfer payments to the
5    Department of Healthcare and Family Services by the
6    University of Illinois made pursuant to an
7    intergovernmental agreement under subsection (b) or (c) of
8    Section 5A-3 of the Illinois Public Aid Code.
9        (3) All federal matching funds received by the
10    Department of Healthcare and Family Services (formerly
11    Illinois Department of Public Aid) as a result of
12    expenditures made by the Department that are attributable
13    to moneys that were deposited in the Fund.
14        (4) All other moneys received for the Fund from any
15    other source, including interest earned thereon.
16    (b) Moneys in the fund may be used by the Department of
17Healthcare and Family Services, subject to appropriation and to
18an interagency agreement between that Department and the Board
19of Trustees of the University of Illinois, to reimburse the
20University of Illinois Hospital for hospital and pharmacy
21services, to reimburse practitioners who are employed by the
22University of Illinois, to reimburse other health care
23facilities and health plans operated by the University of
24Illinois, and to pass through to the University of Illinois
25federal financial participation earned by the State as a result
26of expenditures made by the University of Illinois.

 

 

SB0042 Enrolled- 41 -LRB100 04925 MLM 14935 b

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

 

 

SB0042 Enrolled- 42 -LRB100 04925 MLM 14935 b

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

 

 

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1General Revenue Fund to the Partners for Conservation Fund, an
2amount equal to 1/10 of the amount set forth below in fiscal
3year 1996 and an amount equal to 1/12 of the amount set forth
4below in each of the other specified fiscal years:
5Fiscal Year Amount
61996$ 3,500,000
71997$ 9,000,000
81998$10,000,000
91999$11,000,000
102000$12,500,000
112001 through 2004$14,000,000
122005 $7,000,000
132006 $11,000,000
142007 $0
152008 through 2011........................ $14,000,000
162012 $12,200,000
172013 through 2017 2021.................... $14,000,000
182018 $1,500,000
192019 through 2021 $14,000,000
20    (c) Notwithstanding any other provision of law to the
21contrary and in addition to any other transfers that may be
22provided for by law, on the last day of each month beginning on
23July 31, 2006 and ending on June 30, 2007, or as soon
24thereafter as may be practical, the State Comptroller shall
25direct and the State Treasurer shall transfer $1,000,000 from
26the Open Space Lands Acquisition and Development Fund to the

 

 

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1Partners for Conservation Fund (formerly known as the
2Conservation 2000 Fund).
3    (d) There shall be deposited into the Partners for
4Conservation Projects Fund such bond proceeds and other moneys
5as may, from time to time, be provided by law.
6(Source: P.A. 97-641, eff. 12-19-11.)
 
7    (30 ILCS 105/6z-45)
8    Sec. 6z-45. The School Infrastructure Fund.
9    (a) The School Infrastructure Fund is created as a special
10fund in the State Treasury.
11    In addition to any other deposits authorized by law,
12beginning January 1, 2000, on the first day of each month, or
13as soon thereafter as may be practical, the State Treasurer and
14State Comptroller shall transfer the sum of $5,000,000 from the
15General Revenue Fund to the School Infrastructure Fund, except
16that, notwithstanding any other provision of law, and in
17addition to any other transfers that may be provided for by
18law, before June 30, 2012, the Comptroller and the Treasurer
19shall transfer $45,000,000 from the General Revenue Fund into
20the School Infrastructure Fund, and, for fiscal year 2013 only,
21the Treasurer and the Comptroller shall transfer $1,250,000
22from the General Revenue Fund to the School Infrastructure Fund
23on the first day of each month; provided, however, that no such
24transfers shall be made from July 1, 2001 through June 30,
252003.

 

 

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

 

 

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1taking into account any credits permitted in the related
2indenture or other instrument against the amount of such
3interest required to be appropriated for that period.
4    On or before the last day of each month, the State
5Treasurer and State Comptroller shall transfer from the School
6Infrastructure Fund to the General Obligation Bond Retirement
7and Interest Fund an amount sufficient to pay the aggregate of
8the principal of, interest on, and premium, if any, on the
9bonds payable on their next payment date, divided by the number
10of monthly transfers occurring between the last previous
11payment date (or the delivery date if no payment date has yet
12occurred) and the next succeeding payment date. Interest
13payable on variable rate bonds shall be calculated at the
14maximum rate of interest that may be payable for the relevant
15period, after taking into account any credits permitted in the
16related indenture or other instrument against the amount of
17such interest required to be appropriated for that period.
18Interest for which moneys have already been deposited into the
19capitalized interest account within the General Obligation
20Bond Retirement and Interest Fund shall not be included in the
21calculation of the amounts to be transferred under this
22subsection.
23    (b-5) The money deposited into the School Infrastructure
24Fund from transfers pursuant to subsections (c-30) and (c-35)
25of Section 13 of the Riverboat Gambling Act shall be applied,
26without further direction, as provided in subsection (b-3) of

 

 

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1Section 5-35 of the School Construction Law.
2    (c) The surplus, if any, in the School Infrastructure Fund
3after payments made pursuant to subsections (a-5), (b), and
4(b-5) of this Section shall, subject to appropriation, be used
5as follows:
6    First - to make 3 payments to the School Technology
7Revolving Loan Fund as follows:
8        Transfer of $30,000,000 in fiscal year 1999;
9        Transfer of $20,000,000 in fiscal year 2000; and
10        Transfer of $10,000,000 in fiscal year 2001.
11    Second - to pay the expenses of the State Board of
12Education and the Capital Development Board in administering
13programs under the School Construction Law, the total expenses
14not to exceed $1,200,000 in any fiscal year.
15    Second Third - to pay any amounts due for grants for school
16construction projects and debt service under the School
17Construction Law.
18    Third Fourth - to pay any amounts due for grants for school
19maintenance projects under the School Construction Law.
20(Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
 
21    (30 ILCS 105/6z-52)
22    Sec. 6z-52. Drug Rebate Fund.
23    (a) There is created in the State Treasury a special fund
24to be known as the Drug Rebate Fund.
25    (b) The Fund is created for the purpose of receiving and

 

 

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

 

 

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

 

 

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1eff. 7-1-12.)
 
2    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
3    Sec. 8.3. Money in the Road Fund shall, if and when the
4State of Illinois incurs any bonded indebtedness for the
5construction of permanent highways, be set aside and used for
6the purpose of paying and discharging annually the principal
7and interest on that bonded indebtedness then due and payable,
8and for no other purpose. The surplus, if any, in the Road Fund
9after the payment of principal and interest on that bonded
10indebtedness then annually due shall be used as follows:
11        first -- to pay the cost of administration of Chapters
12    2 through 10 of the Illinois Vehicle Code, except the cost
13    of administration of Articles I and II of Chapter 3 of that
14    Code; and
15        secondly -- for expenses of the Department of
16    Transportation for construction, reconstruction,
17    improvement, repair, maintenance, operation, and
18    administration of highways in accordance with the
19    provisions of laws relating thereto, or for any purpose
20    related or incident to and connected therewith, including
21    the separation of grades of those highways with railroads
22    and with highways and including the payment of awards made
23    by the Illinois Workers' Compensation Commission under the
24    terms of the Workers' Compensation Act or Workers'
25    Occupational Diseases Act for injury or death of an

 

 

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

 

 

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

 

 

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

 

 

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1        2. Department of Transportation, only with respect to
2    Intercity Rail Subsidies, except during fiscal year 2012
3    only when no more than $40,000,000 may be expended and
4    except during fiscal year 2013 only when no more than
5    $26,000,000 may be expended and except during fiscal year
6    2014 only when no more than $38,000,000 may be expended and
7    except during fiscal year 2015 only when no more than
8    $42,000,000 may be expended and except during fiscal year
9    2016 only when no more than $38,300,000 may be expended and
10    except during fiscal year 2017 only when no more than
11    $50,000,000 may be expended and except during fiscal year
12    2018 only when no more than $52,000,000 may be expended,
13    and Rail Freight Services.
14    Beginning with fiscal year 1982 and thereafter, no Road
15Fund monies shall be appropriated to the following Departments
16or agencies of State government for administration, grants, or
17operations; but this limitation is not a restriction upon
18appropriating for those purposes any Road Fund monies that are
19eligible for federal reimbursement: Department of Central
20Management Services, except for awards made by the Illinois
21Workers' Compensation Commission under the terms of the
22Workers' Compensation Act or Workers' Occupational Diseases
23Act for injury or death of an employee of the Division of
24Highways in the Department of Transportation.
25    Beginning with fiscal year 1984 and thereafter, no Road
26Fund monies shall be appropriated to the following Departments

 

 

SB0042 Enrolled- 55 -LRB100 04925 MLM 14935 b

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

 

 

SB0042 Enrolled- 56 -LRB100 04925 MLM 14935 b

1        first -- to pay the cost of administration of Chapters
2    2 through 10 of the Illinois Vehicle Code; and
3        secondly -- no Road Fund monies derived from fees,
4    excises, or license taxes relating to registration,
5    operation and use of vehicles on public highways or to
6    fuels used for the propulsion of those vehicles, shall be
7    appropriated or expended other than for costs of
8    administering the laws imposing those fees, excises, and
9    license taxes, statutory refunds and adjustments allowed
10    thereunder, administrative costs of the Department of
11    Transportation, including, but not limited to, the
12    operating expenses of the Department relating to the
13    administration of public transportation programs, payment
14    of debts and liabilities incurred in construction and
15    reconstruction of public highways and bridges, acquisition
16    of rights-of-way for and the cost of construction,
17    reconstruction, maintenance, repair, and operation of
18    public highways and bridges under the direction and
19    supervision of the State, political subdivision, or
20    municipality collecting those monies, or during fiscal
21    year 2012 only for the purposes of a grant not to exceed
22    $8,500,000 to the Regional Transportation Authority on
23    behalf of PACE for the purpose of ADA/Para-transit
24    expenses, or during fiscal year 2013 only for the purposes
25    of a grant not to exceed $3,825,000 to the Regional
26    Transportation Authority on behalf of PACE for the purpose

 

 

SB0042 Enrolled- 57 -LRB100 04925 MLM 14935 b

1    of ADA/Para-transit expenses, or during fiscal year 2014
2    only for the purposes of a grant not to exceed $3,825,000
3    to the Regional Transportation Authority on behalf of PACE
4    for the purpose of ADA/Para-transit expenses, or during
5    fiscal year 2015 only for the purposes of a grant not to
6    exceed $3,825,000 to the Regional Transportation Authority
7    on behalf of PACE for the purpose of ADA/Para-transit
8    expenses, or during fiscal year 2016 only for the purposes
9    of a grant not to exceed $3,825,000 to the Regional
10    Transportation Authority on behalf of PACE for the purpose
11    of ADA/Para-transit expenses, or during fiscal year 2017
12    only for the purposes of a grant not to exceed $3,825,000
13    to the Regional Transportation Authority on behalf of PACE
14    for the purpose of ADA/Para-transit expenses, and the costs
15    for patrolling and policing the public highways (by State,
16    political subdivision, or municipality collecting that
17    money) for enforcement of traffic laws. The separation of
18    grades of such highways with railroads and costs associated
19    with protection of at-grade highway and railroad crossing
20    shall also be permissible.
21    Appropriations for any of such purposes are payable from
22the Road Fund or the Grade Crossing Protection Fund as provided
23in Section 8 of the Motor Fuel Tax Law.
24    Except as provided in this paragraph, beginning with fiscal
25year 1991 and thereafter, no Road Fund monies shall be
26appropriated to the Department of State Police for the purposes

 

 

SB0042 Enrolled- 58 -LRB100 04925 MLM 14935 b

1of this Section in excess of its total fiscal year 1990 Road
2Fund appropriations for those purposes unless otherwise
3provided in Section 5g of this Act. For fiscal years 2003,
42004, 2005, 2006, and 2007 only, no Road Fund monies shall be
5appropriated to the Department of State Police for the purposes
6of this Section in excess of $97,310,000. For fiscal year 2008
7only, no Road Fund monies shall be appropriated to the
8Department of State Police for the purposes of this Section in
9excess of $106,100,000. For fiscal year 2009 only, no Road Fund
10monies shall be appropriated to the Department of State Police
11for the purposes of this Section in excess of $114,700,000.
12Beginning in fiscal year 2010, no road fund moneys shall be
13appropriated to the Department of State Police. It shall not be
14lawful to circumvent this limitation on appropriations by
15governmental reorganization or other methods unless otherwise
16provided in Section 5g of this Act.
17    In fiscal year 1994, no Road Fund monies shall be
18appropriated to the Secretary of State for the purposes of this
19Section in excess of the total fiscal year 1991 Road Fund
20appropriations to the Secretary of State for those purposes,
21plus $9,800,000. It shall not be lawful to circumvent this
22limitation on appropriations by governmental reorganization or
23other method.
24    Beginning with fiscal year 1995 and thereafter, no Road
25Fund monies shall be appropriated to the Secretary of State for
26the purposes of this Section in excess of the total fiscal year

 

 

SB0042 Enrolled- 59 -LRB100 04925 MLM 14935 b

11994 Road Fund appropriations to the Secretary of State for
2those purposes. It shall not be lawful to circumvent this
3limitation on appropriations by governmental reorganization or
4other methods.
5    Beginning with fiscal year 2000, total Road Fund
6appropriations to the Secretary of State for the purposes of
7this Section shall not exceed the amounts specified for the
8following fiscal years:
9    Fiscal Year 2000$80,500,000;
10    Fiscal Year 2001$80,500,000;
11    Fiscal Year 2002$80,500,000;
12    Fiscal Year 2003$130,500,000;
13    Fiscal Year 2004$130,500,000;
14    Fiscal Year 2005$130,500,000;
15    Fiscal Year 2006 $130,500,000;
16    Fiscal Year 2007 $130,500,000;
17    Fiscal Year 2008$130,500,000;
18    Fiscal Year 2009 $130,500,000.
19    For fiscal year 2010, no road fund moneys shall be
20appropriated to the Secretary of State.
21    Beginning in fiscal year 2011, moneys in the Road Fund
22shall be appropriated to the Secretary of State for the
23exclusive purpose of paying refunds due to overpayment of fees
24related to Chapter 3 of the Illinois Vehicle Code unless
25otherwise provided for by law.
26    It shall not be lawful to circumvent this limitation on

 

 

SB0042 Enrolled- 60 -LRB100 04925 MLM 14935 b

1appropriations by governmental reorganization or other
2methods.
3    No new program may be initiated in fiscal year 1991 and
4thereafter that is not consistent with the limitations imposed
5by this Section for fiscal year 1984 and thereafter, insofar as
6appropriation of Road Fund monies is concerned.
7    Nothing in this Section prohibits transfers from the Road
8Fund to the State Construction Account Fund under Section 5e of
9this Act; nor to the General Revenue Fund, as authorized by
10this amendatory Act of the 93rd General Assembly.
11    The additional amounts authorized for expenditure in this
12Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
13shall be repaid to the Road Fund from the General Revenue Fund
14in the next succeeding fiscal year that the General Revenue
15Fund has a positive budgetary balance, as determined by
16generally accepted accounting principles applicable to
17government.
18    The additional amounts authorized for expenditure by the
19Secretary of State and the Department of State Police in this
20Section by this amendatory Act of the 94th General Assembly
21shall be repaid to the Road Fund from the General Revenue Fund
22in the next succeeding fiscal year that the General Revenue
23Fund has a positive budgetary balance, as determined by
24generally accepted accounting principles applicable to
25government.
26(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;

 

 

SB0042 Enrolled- 61 -LRB100 04925 MLM 14935 b

199-523, eff. 6-30-16.)
 
2    (30 ILCS 105/8.25e)  (from Ch. 127, par. 144.25e)
3    Sec. 8.25e. (a) The State Comptroller and the State
4Treasurer shall automatically transfer on the first day of each
5month, beginning on February 1, 1988, from the General Revenue
6Fund to each of the funds then supplemented by the pari-mutuel
7tax pursuant to Section 28 of the Illinois Horse Racing Act of
81975, an amount equal to (i) the amount of pari-mutuel tax
9deposited into such fund during the month in fiscal year 1986
10which corresponds to the month preceding such transfer, minus
11(ii) the amount of pari-mutuel tax (or the replacement transfer
12authorized by subsection (d) of Section 8g Section 8g(d) of
13this Act and subsection (d) of Section 28.1 Section 28.1(d) of
14the Illinois Horse Racing Act of 1975) deposited into such fund
15during the month preceding such transfer; provided, however,
16that no transfer shall be made to a fund if such amount for
17that fund is equal to or less than zero and provided that no
18transfer shall be made to a fund in any fiscal year after the
19amount deposited into such fund exceeds the amount of
20pari-mutuel tax deposited into such fund during fiscal year
211986.
22    (b) The State Comptroller and the State Treasurer shall
23automatically transfer on the last day of each month, beginning
24on October 1, 1989 and ending on June 30, 2017, from the
25General Revenue Fund to the Metropolitan Exposition,

 

 

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1Auditorium and Office Building Fund, the amount of $2,750,000
2plus any cumulative deficiencies in such transfers for prior
3months, until the sum of $16,500,000 has been transferred for
4the fiscal year beginning July 1, 1989 and until the sum of
5$22,000,000 has been transferred for each fiscal year
6thereafter.
7    (b-5) The State Comptroller and the State Treasurer shall
8automatically transfer on the last day of each month, beginning
9on July 1, 2017, from the General Revenue Fund to the
10Metropolitan Exposition, Auditorium and Office Building Fund,
11the amount of $1,500,000 plus any cumulative deficiencies in
12such transfers for prior months, until the sum of $12,000,000
13has been transferred for each fiscal year thereafter.
14    (c) After the transfer of funds from the Metropolitan
15Exposition, Auditorium and Office Building Fund to the Bond
16Retirement Fund pursuant to subsection (b) of Section 15
17Section 15(b) of the Metropolitan Civic Center Support Act, the
18State Comptroller and the State Treasurer shall automatically
19transfer on the last day of each month, beginning on October 1,
201989 and ending on June 30, 2017, from the Metropolitan
21Exposition, Auditorium and Office Building Fund to the Park and
22Conservation Fund the amount of $1,250,000 plus any cumulative
23deficiencies in such transfers for prior months, until the sum
24of $7,500,000 has been transferred for the fiscal year
25beginning July 1, 1989 and until the sum of $10,000,000 has
26been transferred for each fiscal year thereafter.

 

 

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1(Source: P.A. 91-25, eff. 6-9-99.)
 
2    (30 ILCS 105/8g)
3    Sec. 8g. Fund transfers.
4    (a) In addition to any other transfers that may be provided
5for by law, as soon as may be practical after the effective
6date of this amendatory Act of the 91st General Assembly, the
7State Comptroller shall direct and the State Treasurer shall
8transfer the sum of $10,000,000 from the General Revenue Fund
9to the Motor Vehicle License Plate Fund created by Senate Bill
101028 of the 91st General Assembly.
11    (b) In addition to any other transfers that may be provided
12for by law, as soon as may be practical after the effective
13date of this amendatory Act of the 91st General Assembly, the
14State Comptroller shall direct and the State Treasurer shall
15transfer the sum of $25,000,000 from the General Revenue Fund
16to the Fund for Illinois' Future created by Senate Bill 1066 of
17the 91st General Assembly.
18    (c) In addition to any other transfers that may be provided
19for by law, on August 30 of each fiscal year's license period,
20the Illinois Liquor Control Commission shall direct and the
21State Comptroller and State Treasurer shall transfer from the
22General Revenue Fund to the Youth Alcoholism and Substance
23Abuse Prevention Fund an amount equal to the number of retail
24liquor licenses issued for that fiscal year multiplied by $50.
25    (d) The payments to programs required under subsection (d)

 

 

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1of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
2be made, pursuant to appropriation, from the special funds
3referred to in the statutes cited in that subsection, rather
4than directly from the General Revenue Fund.
5    Beginning January 1, 2000, on the first day of each month,
6or as soon as may be practical thereafter, the State
7Comptroller shall direct and the State Treasurer shall transfer
8from the General Revenue Fund to each of the special funds from
9which payments are to be made under subsection (d) of Section
1028.1 of the Illinois Horse Racing Act of 1975 an amount equal
11to 1/12 of the annual amount required for those payments from
12that special fund, which annual amount shall not exceed the
13annual amount for those payments from that special fund for the
14calendar year 1998. The special funds to which transfers shall
15be made under this subsection (d) include, but are not
16necessarily limited to, the Agricultural Premium Fund; the
17Metropolitan Exposition, Auditorium and Office Building Fund;
18the Fair and Exposition Fund; the Illinois Standardbred
19Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
20Illinois Veterans' Rehabilitation Fund. Except for transfers
21attributable to prior fiscal years, during State fiscal year
222018 only, no transfers shall be made from the General Revenue
23Fund to the Agricultural Premium Fund, the Fair and Exposition
24Fund, the Illinois Standardbred Breeders Fund, or the Illinois
25Thoroughbred Breeders Fund.
26    (e) In addition to any other transfers that may be provided

 

 

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1for by law, as soon as may be practical after the effective
2date of this amendatory Act of the 91st General Assembly, but
3in no event later than June 30, 2000, the State Comptroller
4shall direct and the State Treasurer shall transfer the sum of
5$15,000,000 from the General Revenue Fund to the Fund for
6Illinois' Future.
7    (f) In addition to any other transfers that may be provided
8for by law, as soon as may be practical after the effective
9date of this amendatory Act of the 91st General Assembly, but
10in no event later than June 30, 2000, the State Comptroller
11shall direct and the State Treasurer shall transfer the sum of
12$70,000,000 from the General Revenue Fund to the Long-Term Care
13Provider Fund.
14    (f-1) In fiscal year 2002, in addition to any other
15transfers that may be provided for by law, at the direction of
16and upon notification from the Governor, the State Comptroller
17shall direct and the State Treasurer shall transfer amounts not
18exceeding a total of $160,000,000 from the General Revenue Fund
19to the Long-Term Care Provider Fund.
20    (g) In addition to any other transfers that may be provided
21for by law, on July 1, 2001, or as soon thereafter as may be
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $1,200,000 from the General
24Revenue Fund to the Violence Prevention Fund.
25    (h) In each of fiscal years 2002 through 2004, but not
26thereafter, in addition to any other transfers that may be

 

 

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1provided for by law, the State Comptroller shall direct and the
2State Treasurer shall transfer $5,000,000 from the General
3Revenue Fund to the Tourism Promotion Fund.
4    (i) On or after July 1, 2001 and until May 1, 2002, in
5addition to any other transfers that may be provided for by
6law, at the direction of and upon notification from the
7Governor, the State Comptroller shall direct and the State
8Treasurer shall transfer amounts not exceeding a total of
9$80,000,000 from the General Revenue Fund to the Tobacco
10Settlement Recovery Fund. Any amounts so transferred shall be
11re-transferred by the State Comptroller and the State Treasurer
12from the Tobacco Settlement Recovery Fund to the General
13Revenue Fund at the direction of and upon notification from the
14Governor, but in any event on or before June 30, 2002.
15    (i-1) On or after July 1, 2002 and until May 1, 2003, in
16addition to any other transfers that may be provided for by
17law, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22re-transferred by the State Comptroller and the State Treasurer
23from the Tobacco Settlement Recovery Fund to the General
24Revenue Fund at the direction of and upon notification from the
25Governor, but in any event on or before June 30, 2003.
26    (j) On or after July 1, 2001 and no later than June 30,

 

 

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12002, in addition to any other transfers that may be provided
2for by law, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts not to exceed the following
5sums into the Statistical Services Revolving Fund:
6    From the General Revenue Fund.................$8,450,000
7    From the Public Utility Fund..................1,700,000
8    From the Transportation Regulatory Fund.......2,650,000
9    From the Title III Social Security and
10     Employment Fund..............................3,700,000
11    From the Professions Indirect Cost Fund.......4,050,000
12    From the Underground Storage Tank Fund........550,000
13    From the Agricultural Premium Fund............750,000
14    From the State Pensions Fund..................200,000
15    From the Road Fund............................2,000,000
16    From the Health Facilities
17     Planning Fund................................1,000,000
18    From the Savings and Residential Finance
19     Regulatory Fund..............................130,800
20    From the Appraisal Administration Fund........28,600
21    From the Pawnbroker Regulation Fund...........3,600
22    From the Auction Regulation
23     Administration Fund..........................35,800
24    From the Bank and Trust Company Fund..........634,800
25    From the Real Estate License
26     Administration Fund..........................313,600

 

 

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1    (k) In addition to any other transfers that may be provided
2for by law, as soon as may be practical after the effective
3date of this amendatory Act of the 92nd General Assembly, the
4State Comptroller shall direct and the State Treasurer shall
5transfer the sum of $2,000,000 from the General Revenue Fund to
6the Teachers Health Insurance Security Fund.
7    (k-1) In addition to any other transfers that may be
8provided for by law, on July 1, 2002, or as soon as may be
9practical thereafter, the State Comptroller shall direct and
10the State Treasurer shall transfer the sum of $2,000,000 from
11the General Revenue Fund to the Teachers Health Insurance
12Security Fund.
13    (k-2) In addition to any other transfers that may be
14provided for by law, on July 1, 2003, or as soon as may be
15practical thereafter, the State Comptroller shall direct and
16the State Treasurer shall transfer the sum of $2,000,000 from
17the General Revenue Fund to the Teachers Health Insurance
18Security Fund.
19    (k-3) On or after July 1, 2002 and no later than June 30,
202003, in addition to any other transfers that may be provided
21for by law, at the direction of and upon notification from the
22Governor, the State Comptroller shall direct and the State
23Treasurer shall transfer amounts not to exceed the following
24sums into the Statistical Services Revolving Fund:
25    Appraisal Administration Fund.................$150,000
26    General Revenue Fund..........................10,440,000

 

 

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1    Savings and Residential Finance
2        Regulatory Fund...........................200,000
3    State Pensions Fund...........................100,000
4    Bank and Trust Company Fund...................100,000
5    Professions Indirect Cost Fund................3,400,000
6    Public Utility Fund...........................2,081,200
7    Real Estate License Administration Fund.......150,000
8    Title III Social Security and
9        Employment Fund...........................1,000,000
10    Transportation Regulatory Fund................3,052,100
11    Underground Storage Tank Fund.................50,000
12    (l) In addition to any other transfers that may be provided
13for by law, on July 1, 2002, or as soon as may be practical
14thereafter, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $3,000,000 from the General
16Revenue Fund to the Presidential Library and Museum Operating
17Fund.
18    (m) In addition to any other transfers that may be provided
19for by law, on July 1, 2002 and on the effective date of this
20amendatory Act of the 93rd General Assembly, or as soon
21thereafter as may be practical, the State Comptroller shall
22direct and the State Treasurer shall transfer the sum of
23$1,200,000 from the General Revenue Fund to the Violence
24Prevention Fund.
25    (n) In addition to any other transfers that may be provided
26for by law, on July 1, 2003, or as soon thereafter as may be

 

 

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1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $6,800,000 from the General
3Revenue Fund to the DHS Recoveries Trust Fund.
4    (o) On or after July 1, 2003, and no later than June 30,
52004, in addition to any other transfers that may be provided
6for by law, at the direction of and upon notification from the
7Governor, the State Comptroller shall direct and the State
8Treasurer shall transfer amounts not to exceed the following
9sums into the Vehicle Inspection Fund:
10    From the Underground Storage Tank Fund .......$35,000,000.
11    (p) On or after July 1, 2003 and until May 1, 2004, in
12addition to any other transfers that may be provided for by
13law, at the direction of and upon notification from the
14Governor, the State Comptroller shall direct and the State
15Treasurer shall transfer amounts not exceeding a total of
16$80,000,000 from the General Revenue Fund to the Tobacco
17Settlement Recovery Fund. Any amounts so transferred shall be
18re-transferred from the Tobacco Settlement Recovery Fund to the
19General Revenue Fund at the direction of and upon notification
20from the Governor, but in any event on or before June 30, 2004.
21    (q) In addition to any other transfers that may be provided
22for by law, on July 1, 2003, or as soon as may be practical
23thereafter, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $5,000,000 from the General
25Revenue Fund to the Illinois Military Family Relief Fund.
26    (r) In addition to any other transfers that may be provided

 

 

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1for by law, on July 1, 2003, or as soon as may be practical
2thereafter, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $1,922,000 from the General
4Revenue Fund to the Presidential Library and Museum Operating
5Fund.
6    (s) In addition to any other transfers that may be provided
7for by law, on or after July 1, 2003, the State Comptroller
8shall direct and the State Treasurer shall transfer the sum of
9$4,800,000 from the Statewide Economic Development Fund to the
10General Revenue Fund.
11    (t) In addition to any other transfers that may be provided
12for by law, on or after July 1, 2003, the State Comptroller
13shall direct and the State Treasurer shall transfer the sum of
14$50,000,000 from the General Revenue Fund to the Budget
15Stabilization Fund.
16    (u) On or after July 1, 2004 and until May 1, 2005, in
17addition to any other transfers that may be provided for by
18law, at the direction of and upon notification from the
19Governor, the State Comptroller shall direct and the State
20Treasurer shall transfer amounts not exceeding a total of
21$80,000,000 from the General Revenue Fund to the Tobacco
22Settlement Recovery Fund. Any amounts so transferred shall be
23retransferred by the State Comptroller and the State Treasurer
24from the Tobacco Settlement Recovery Fund to the General
25Revenue Fund at the direction of and upon notification from the
26Governor, but in any event on or before June 30, 2005.

 

 

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1    (v) In addition to any other transfers that may be provided
2for by law, on July 1, 2004, or as soon thereafter as may be
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $1,200,000 from the General
5Revenue Fund to the Violence Prevention Fund.
6    (w) In addition to any other transfers that may be provided
7for by law, on July 1, 2004, or as soon thereafter as may be
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $6,445,000 from the General
10Revenue Fund to the Presidential Library and Museum Operating
11Fund.
12    (x) In addition to any other transfers that may be provided
13for by law, on January 15, 2005, or as soon thereafter as may
14be practical, the State Comptroller shall direct and the State
15Treasurer shall transfer to the General Revenue Fund the
16following sums:
17        From the State Crime Laboratory Fund, $200,000;
18        From the State Police Wireless Service Emergency Fund,
19    $200,000;
20        From the State Offender DNA Identification System
21    Fund, $800,000; and
22        From the State Police Whistleblower Reward and
23    Protection Fund, $500,000.
24    (y) Notwithstanding any other provision of law to the
25contrary, in addition to any other transfers that may be
26provided for by law on June 30, 2005, or as soon as may be

 

 

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1practical thereafter, the State Comptroller shall direct and
2the State Treasurer shall transfer the remaining balance from
3the designated funds into the General Revenue Fund and any
4future deposits that would otherwise be made into these funds
5must instead be made into the General Revenue Fund:
6        (1) the Keep Illinois Beautiful Fund;
7        (2) the Metropolitan Fair and Exposition Authority
8    Reconstruction Fund;
9        (3) the New Technology Recovery Fund;
10        (4) the Illinois Rural Bond Bank Trust Fund;
11        (5) the ISBE School Bus Driver Permit Fund;
12        (6) the Solid Waste Management Revolving Loan Fund;
13        (7) the State Postsecondary Review Program Fund;
14        (8) the Tourism Attraction Development Matching Grant
15    Fund;
16        (9) the Patent and Copyright Fund;
17        (10) the Credit Enhancement Development Fund;
18        (11) the Community Mental Health and Developmental
19    Disabilities Services Provider Participation Fee Trust
20    Fund;
21        (12) the Nursing Home Grant Assistance Fund;
22        (13) the By-product Material Safety Fund;
23        (14) the Illinois Student Assistance Commission Higher
24    EdNet Fund;
25        (15) the DORS State Project Fund;
26        (16) the School Technology Revolving Fund;

 

 

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1        (17) the Energy Assistance Contribution Fund;
2        (18) the Illinois Building Commission Revolving Fund;
3        (19) the Illinois Aquaculture Development Fund;
4        (20) the Homelessness Prevention Fund;
5        (21) the DCFS Refugee Assistance Fund;
6        (22) the Illinois Century Network Special Purposes
7    Fund; and
8        (23) the Build Illinois Purposes Fund.
9    (z) In addition to any other transfers that may be provided
10for by law, on July 1, 2005, or as soon as may be practical
11thereafter, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $1,200,000 from the General
13Revenue Fund to the Violence Prevention Fund.
14    (aa) In addition to any other transfers that may be
15provided for by law, on July 1, 2005, or as soon as may be
16practical thereafter, the State Comptroller shall direct and
17the State Treasurer shall transfer the sum of $9,000,000 from
18the General Revenue Fund to the Presidential Library and Museum
19Operating Fund.
20    (bb) In addition to any other transfers that may be
21provided for by law, on July 1, 2005, or as soon as may be
22practical thereafter, the State Comptroller shall direct and
23the State Treasurer shall transfer the sum of $6,803,600 from
24the General Revenue Fund to the Securities Audit and
25Enforcement Fund.
26    (cc) In addition to any other transfers that may be

 

 

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1provided for by law, on or after July 1, 2005 and until May 1,
22006, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts not exceeding a total of
5$80,000,000 from the General Revenue Fund to the Tobacco
6Settlement Recovery Fund. Any amounts so transferred shall be
7re-transferred by the State Comptroller and the State Treasurer
8from the Tobacco Settlement Recovery Fund to the General
9Revenue Fund at the direction of and upon notification from the
10Governor, but in any event on or before June 30, 2006.
11    (dd) In addition to any other transfers that may be
12provided for by law, on April 1, 2005, or as soon thereafter as
13may be practical, at the direction of the Director of Public
14Aid (now Director of Healthcare and Family Services), the State
15Comptroller shall direct and the State Treasurer shall transfer
16from the Public Aid Recoveries Trust Fund amounts not to exceed
17$14,000,000 to the Community Mental Health Medicaid Trust Fund.
18    (ee) Notwithstanding any other provision of law, on July 1,
192006, or as soon thereafter as practical, the State Comptroller
20shall direct and the State Treasurer shall transfer the
21remaining balance from the Illinois Civic Center Bond Fund to
22the Illinois Civic Center Bond Retirement and Interest Fund.
23    (ff) In addition to any other transfers that may be
24provided for by law, on and after July 1, 2006 and until June
2530, 2007, at the direction of and upon notification from the
26Director of the Governor's Office of Management and Budget, the

 

 

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1State Comptroller shall direct and the State Treasurer shall
2transfer amounts not exceeding a total of $1,900,000 from the
3General Revenue Fund to the Illinois Capital Revolving Loan
4Fund.
5    (gg) In addition to any other transfers that may be
6provided for by law, on and after July 1, 2006 and until May 1,
72007, at the direction of and upon notification from the
8Governor, the State Comptroller shall direct and the State
9Treasurer shall transfer amounts not exceeding a total of
10$80,000,000 from the General Revenue Fund to the Tobacco
11Settlement Recovery Fund. Any amounts so transferred shall be
12retransferred by the State Comptroller and the State Treasurer
13from the Tobacco Settlement Recovery Fund to the General
14Revenue Fund at the direction of and upon notification from the
15Governor, but in any event on or before June 30, 2007.
16    (hh) In addition to any other transfers that may be
17provided for by law, on and after July 1, 2006 and until June
1830, 2007, at the direction of and upon notification from the
19Governor, the State Comptroller shall direct and the State
20Treasurer shall transfer amounts from the Illinois Affordable
21Housing Trust Fund to the designated funds not exceeding the
22following amounts:
23    DCFS Children's Services Fund.................$2,200,000
24    Department of Corrections Reimbursement
25        and Education Fund........................$1,500,000
26    Supplemental Low-Income Energy

 

 

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1        Assistance Fund..............................$75,000
2    (ii) In addition to any other transfers that may be
3provided for by law, on or before August 31, 2006, the Governor
4and the State Comptroller may agree to transfer the surplus
5cash balance from the General Revenue Fund to the Budget
6Stabilization Fund and the Pension Stabilization Fund in equal
7proportions. The determination of the amount of the surplus
8cash balance shall be made by the Governor, with the
9concurrence of the State Comptroller, after taking into account
10the June 30, 2006 balances in the general funds and the actual
11or estimated spending from the general funds during the lapse
12period. Notwithstanding the foregoing, the maximum amount that
13may be transferred under this subsection (ii) is $50,000,000.
14    (jj) In addition to any other transfers that may be
15provided for by law, on July 1, 2006, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $8,250,000 from the General
18Revenue Fund to the Presidential Library and Museum Operating
19Fund.
20    (kk) In addition to any other transfers that may be
21provided for by law, on July 1, 2006, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $1,400,000 from the General
24Revenue Fund to the Violence Prevention Fund.
25    (ll) In addition to any other transfers that may be
26provided for by law, on the first day of each calendar quarter

 

 

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1of the fiscal year beginning July 1, 2006, or as soon
2thereafter as practical, the State Comptroller shall direct and
3the State Treasurer shall transfer from the General Revenue
4Fund amounts equal to one-fourth of $20,000,000 to the
5Renewable Energy Resources Trust Fund.
6    (mm) In addition to any other transfers that may be
7provided for by law, on July 1, 2006, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $1,320,000 from the General
10Revenue Fund to the I-FLY Fund.
11    (nn) In addition to any other transfers that may be
12provided for by law, on July 1, 2006, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $3,000,000 from the General
15Revenue Fund to the African-American HIV/AIDS Response Fund.
16    (oo) In addition to any other transfers that may be
17provided for by law, on and after July 1, 2006 and until June
1830, 2007, at the direction of and upon notification from the
19Governor, the State Comptroller shall direct and the State
20Treasurer shall transfer amounts identified as net receipts
21from the sale of all or part of the Illinois Student Assistance
22Commission loan portfolio from the Student Loan Operating Fund
23to the General Revenue Fund. The maximum amount that may be
24transferred pursuant to this Section is $38,800,000. In
25addition, no transfer may be made pursuant to this Section that
26would have the effect of reducing the available balance in the

 

 

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1Student Loan Operating Fund to an amount less than the amount
2remaining unexpended and unreserved from the total
3appropriations from the Fund estimated to be expended for the
4fiscal year. The State Treasurer and Comptroller shall transfer
5the amounts designated under this Section as soon as may be
6practical after receiving the direction to transfer from the
7Governor.
8    (pp) In addition to any other transfers that may be
9provided for by law, on July 1, 2006, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $2,000,000 from the General
12Revenue Fund to the Illinois Veterans Assistance Fund.
13    (qq) In addition to any other transfers that may be
14provided for by law, on and after July 1, 2007 and until May 1,
152008, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts not exceeding a total of
18$80,000,000 from the General Revenue Fund to the Tobacco
19Settlement Recovery Fund. Any amounts so transferred shall be
20retransferred by the State Comptroller and the State Treasurer
21from the Tobacco Settlement Recovery Fund to the General
22Revenue Fund at the direction of and upon notification from the
23Governor, but in any event on or before June 30, 2008.
24    (rr) In addition to any other transfers that may be
25provided for by law, on and after July 1, 2007 and until June
2630, 2008, at the direction of and upon notification from the

 

 

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1Governor, the State Comptroller shall direct and the State
2Treasurer shall transfer amounts from the Illinois Affordable
3Housing Trust Fund to the designated funds not exceeding the
4following amounts:
5    DCFS Children's Services Fund.................$2,200,000
6    Department of Corrections Reimbursement
7        and Education Fund........................$1,500,000
8    Supplemental Low-Income Energy
9        Assistance Fund..............................$75,000
10    (ss) In addition to any other transfers that may be
11provided for by law, on July 1, 2007, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $8,250,000 from the General
14Revenue Fund to the Presidential Library and Museum Operating
15Fund.
16    (tt) In addition to any other transfers that may be
17provided for by law, on July 1, 2007, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $1,400,000 from the General
20Revenue Fund to the Violence Prevention Fund.
21    (uu) In addition to any other transfers that may be
22provided for by law, on July 1, 2007, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $1,320,000 from the General
25Revenue Fund to the I-FLY Fund.
26    (vv) In addition to any other transfers that may be

 

 

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

 

 

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1provided for by law, on and after July 1, 2008 and until May 1,
22009, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts not exceeding a total of
5$80,000,000 from the General Revenue Fund to the Tobacco
6Settlement Recovery Fund. Any amounts so transferred shall be
7retransferred by the State Comptroller and the State Treasurer
8from the Tobacco Settlement Recovery Fund to the General
9Revenue Fund at the direction of and upon notification from the
10Governor, but in any event on or before June 30, 2009.
11    (bbb) In addition to any other transfers that may be
12provided for by law, on and after July 1, 2008 and until June
1330, 2009, at the direction of and upon notification from the
14Governor, the State Comptroller shall direct and the State
15Treasurer shall transfer amounts from the Illinois Affordable
16Housing Trust Fund to the designated funds not exceeding the
17following amounts:
18        DCFS Children's Services Fund.............$2,200,000
19        Department of Corrections Reimbursement
20        and Education Fund........................$1,500,000
21        Supplemental Low-Income Energy
22        Assistance Fund..............................$75,000
23    (ccc) In addition to any other transfers that may be
24provided for by law, on July 1, 2008, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $7,450,000 from the General

 

 

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1Revenue Fund to the Presidential Library and Museum Operating
2Fund.
3    (ddd) In addition to any other transfers that may be
4provided for by law, on July 1, 2008, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $1,400,000 from the General
7Revenue Fund to the Violence Prevention Fund.
8    (eee) In addition to any other transfers that may be
9provided for by law, on July 1, 2009, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $5,000,000 from the General
12Revenue Fund to the Digital Divide Elimination Fund.
13    (fff) In addition to any other transfers that may be
14provided for by law, on and after July 1, 2009 and until May 1,
152010, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts not exceeding a total of
18$80,000,000 from the General Revenue Fund to the Tobacco
19Settlement Recovery Fund. Any amounts so transferred shall be
20retransferred by the State Comptroller and the State Treasurer
21from the Tobacco Settlement Recovery Fund to the General
22Revenue Fund at the direction of and upon notification from the
23Governor, but in any event on or before June 30, 2010.
24    (ggg) In addition to any other transfers that may be
25provided for by law, on July 1, 2009, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

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1Treasurer shall transfer the sum of $7,450,000 from the General
2Revenue Fund to the Presidential Library and Museum Operating
3Fund.
4    (hhh) In addition to any other transfers that may be
5provided for by law, on July 1, 2009, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $1,400,000 from the General
8Revenue Fund to the Violence Prevention Fund.
9    (iii) In addition to any other transfers that may be
10provided for by law, on July 1, 2009, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $100,000 from the General
13Revenue Fund to the Heartsaver AED Fund.
14    (jjj) In addition to any other transfers that may be
15provided for by law, on and after July 1, 2009 and until June
1630, 2010, at the direction of and upon notification from the
17Governor, the State Comptroller shall direct and the State
18Treasurer shall transfer amounts not exceeding a total of
19$17,000,000 from the General Revenue Fund to the DCFS
20Children's Services Fund.
21    (lll) In addition to any other transfers that may be
22provided for by law, on July 1, 2009, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $5,000,000 from the General
25Revenue Fund to the Communications Revolving Fund.
26    (mmm) In addition to any other transfers that may be

 

 

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1provided for by law, on July 1, 2009, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $9,700,000 from the General
4Revenue Fund to the Senior Citizens Real Estate Deferred Tax
5Revolving Fund.
6    (nnn) In addition to any other transfers that may be
7provided for by law, on July 1, 2009, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $565,000 from the FY09
10Budget Relief Fund to the Horse Racing Fund.
11    (ooo) In addition to any other transfers that may be
12provided by law, on July 1, 2009, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $600,000 from the General
15Revenue Fund to the Temporary Relocation Expenses Revolving
16Fund.
17    (ppp) In addition to any other transfers that may be
18provided for by law, on July 1, 2010, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $5,000,000 from the General
21Revenue Fund to the Digital Divide Elimination Fund.
22    (qqq) In addition to any other transfers that may be
23provided for by law, on and after July 1, 2010 and until May 1,
242011, at the direction of and upon notification from the
25Governor, the State Comptroller shall direct and the State
26Treasurer shall transfer amounts not exceeding a total of

 

 

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1$80,000,000 from the General Revenue Fund to the Tobacco
2Settlement Recovery Fund. Any amounts so transferred shall be
3retransferred by the State Comptroller and the State Treasurer
4from the Tobacco Settlement Recovery Fund to the General
5Revenue Fund at the direction of and upon notification from the
6Governor, but in any event on or before June 30, 2011.
7    (rrr) In addition to any other transfers that may be
8provided for by law, on July 1, 2010, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $6,675,000 from the General
11Revenue Fund to the Presidential Library and Museum Operating
12Fund.
13    (sss) In addition to any other transfers that may be
14provided for by law, on July 1, 2010, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $1,400,000 from the General
17Revenue Fund to the Violence Prevention Fund.
18    (ttt) In addition to any other transfers that may be
19provided for by law, on July 1, 2010, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $100,000 from the General
22Revenue Fund to the Heartsaver AED Fund.
23    (uuu) In addition to any other transfers that may be
24provided for by law, on July 1, 2010, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

 

 

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1Revenue Fund to the Communications Revolving Fund.
2    (vvv) In addition to any other transfers that may be
3provided for by law, on July 1, 2010, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $3,000,000 from the General
6Revenue Fund to the Illinois Capital Revolving Loan Fund.
7    (www) In addition to any other transfers that may be
8provided for by law, on July 1, 2010, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $17,000,000 from the
11General Revenue Fund to the DCFS Children's Services Fund.
12    (xxx) In addition to any other transfers that may be
13provided for by law, on July 1, 2010, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $2,000,000 from the Digital
16Divide Elimination Infrastructure Fund, of which $1,000,000
17shall go to the Workforce, Technology, and Economic Development
18Fund and $1,000,000 to the Public Utility Fund.
19    (yyy) In addition to any other transfers that may be
20provided for by law, on and after July 1, 2011 and until May 1,
212012, at the direction of and upon notification from the
22Governor, the State Comptroller shall direct and the State
23Treasurer shall transfer amounts not exceeding a total of
24$80,000,000 from the General Revenue Fund to the Tobacco
25Settlement Recovery Fund. Any amounts so transferred shall be
26retransferred by the State Comptroller and the State Treasurer

 

 

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1from the Tobacco Settlement Recovery Fund to the General
2Revenue Fund at the direction of and upon notification from the
3Governor, but in any event on or before June 30, 2012.
4    (zzz) In addition to any other transfers that may be
5provided for by law, on July 1, 2011, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $1,000,000 from the General
8Revenue Fund to the Illinois Veterans Assistance Fund.
9    (aaaa) In addition to any other transfers that may be
10provided for by law, on July 1, 2011, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $8,000,000 from the General
13Revenue Fund to the Presidential Library and Museum Operating
14Fund.
15    (bbbb) In addition to any other transfers that may be
16provided for by law, on July 1, 2011, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $1,400,000 from the General
19Revenue Fund to the Violence Prevention Fund.
20    (cccc) In addition to any other transfers that may be
21provided for by law, on July 1, 2011, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $14,100,000 from the
24General Revenue Fund to the State Garage Revolving Fund.
25    (dddd) In addition to any other transfers that may be
26provided for by law, on July 1, 2011, or as soon thereafter as

 

 

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1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $4,000,000 from the General
3Revenue Fund to the Digital Divide Elimination Fund.
4    (eeee) In addition to any other transfers that may be
5provided for by law, on July 1, 2011, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $500,000 from the General
8Revenue Fund to the Senior Citizens Real Estate Deferred Tax
9Revolving Fund.
10(Source: P.A. 99-933, eff. 1-27-17.)
 
11    (30 ILCS 105/8g-1)
12    Sec. 8g-1. Fund transfers.
13    (a) In addition to any other transfers that may be provided
14for by law, on and after July 1, 2012 and until May 1, 2013, at
15the direction of and upon notification from the Governor, the
16State Comptroller shall direct and the State Treasurer shall
17transfer amounts not exceeding a total of $80,000,000 from the
18General Revenue Fund to the Tobacco Settlement Recovery Fund.
19Any amounts so transferred shall be retransferred by the State
20Comptroller and the State Treasurer from the Tobacco Settlement
21Recovery Fund to the General Revenue Fund at the direction of
22and upon notification from the Governor, but in any event on or
23before June 30, 2013.
24    (b) In addition to any other transfers that may be provided
25for by law, on and after July 1, 2013 and until May 1, 2014, at

 

 

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

 

 

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1for by law, on July 1, 2013, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $4,000,000 from the General
4Revenue Fund to the Digital Divide Elimination Fund.
5    (g) In addition to any other transfers that may be provided
6for by law, on July 1, 2013, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $5,000,000 from the General
9Revenue Fund to the Communications Revolving Fund.
10    (h) In addition to any other transfers that may be provided
11for by law, on July 1, 2013, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $9,800,000 from the General
14Revenue Fund to the Presidential Library and Museum Operating
15Fund.
16    (i) In addition to any other transfers that may be provided
17for by law, on and after July 1, 2014 and until May 1, 2015, at
18the direction of and upon notification from the Governor, the
19State Comptroller shall direct and the State Treasurer shall
20transfer amounts not exceeding a total of $80,000,000 from the
21General Revenue Fund to the Tobacco Settlement Recovery Fund.
22Any amounts so transferred shall be retransferred by the State
23Comptroller and the State Treasurer from the Tobacco Settlement
24Recovery Fund to the General Revenue Fund at the direction of
25and upon notification from the Governor, but in any event on or
26before June 30, 2015.

 

 

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1    (j) In addition to any other transfers that may be provided
2for by law, on July 1, 2014, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $10,000,000 from the
5General Revenue Fund to the Presidential Library and Museum
6Operating Fund.
7    (k) In addition to any other transfers that may be provided
8for by law, as soon as practical, the State Comptroller shall
9direct and the State Treasurer shall transfer the sum of
10$500,000 from the General Revenue Fund to the Grant
11Accountability and Transparency Fund.
12(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
1398-674, eff. 6-30-14.)
 
14    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
15    Sec. 13.2. Transfers among line item appropriations.
16    (a) Transfers among line item appropriations from the same
17treasury fund for the objects specified in this Section may be
18made in the manner provided in this Section when the balance
19remaining in one or more such line item appropriations is
20insufficient for the purpose for which the appropriation was
21made.
22    (a-1) No transfers may be made from one agency to another
23agency, nor may transfers be made from one institution of
24higher education to another institution of higher education
25except as provided by subsection (a-4).

 

 

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1    (a-2) Except as otherwise provided in this Section,
2transfers may be made only among the objects of expenditure
3enumerated in this Section, except that no funds may be
4transferred from any appropriation for personal services, from
5any appropriation for State contributions to the State
6Employees' Retirement System, from any separate appropriation
7for employee retirement contributions paid by the employer, nor
8from any appropriation for State contribution for employee
9group insurance. During State fiscal year 2005, an agency may
10transfer amounts among its appropriations within the same
11treasury fund for personal services, employee retirement
12contributions paid by employer, and State Contributions to
13retirement systems; notwithstanding and in addition to the
14transfers authorized in subsection (c) of this Section, the
15fiscal year 2005 transfers authorized in this sentence may be
16made in an amount not to exceed 2% of the aggregate amount
17appropriated to an agency within the same treasury fund. During
18State fiscal year 2007, the Departments of Children and Family
19Services, Corrections, Human Services, and Juvenile Justice
20may transfer amounts among their respective appropriations
21within the same treasury fund for personal services, employee
22retirement contributions paid by employer, and State
23contributions to retirement systems. During State fiscal year
242010, the Department of Transportation may transfer amounts
25among their respective appropriations within the same treasury
26fund for personal services, employee retirement contributions

 

 

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1paid by employer, and State contributions to retirement
2systems. During State fiscal years 2010 and 2014 only, an
3agency may transfer amounts among its respective
4appropriations within the same treasury fund for personal
5services, employee retirement contributions paid by employer,
6and State contributions to retirement systems.
7Notwithstanding, and in addition to, the transfers authorized
8in subsection (c) of this Section, these transfers may be made
9in an amount not to exceed 2% of the aggregate amount
10appropriated to an agency within the same treasury fund.
11    (a-2.5) During State fiscal year 2015 only, the State's
12Attorneys Appellate Prosecutor may transfer amounts among its
13respective appropriations contained in operational line items
14within the same treasury fund. Notwithstanding, and in addition
15to, the transfers authorized in subsection (c) of this Section,
16these transfers may be made in an amount not to exceed 4% of
17the aggregate amount appropriated to the State's Attorneys
18Appellate Prosecutor within the same treasury fund.
19    (a-3) Further, if an agency receives a separate
20appropriation for employee retirement contributions paid by
21the employer, any transfer by that agency into an appropriation
22for personal services must be accompanied by a corresponding
23transfer into the appropriation for employee retirement
24contributions paid by the employer, in an amount sufficient to
25meet the employer share of the employee contributions required
26to be remitted to the retirement system.

 

 

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1    (a-4) Long-Term Care Rebalancing. The Governor may
2designate amounts set aside for institutional services
3appropriated from the General Revenue Fund or any other State
4fund that receives monies for long-term care services to be
5transferred to all State agencies responsible for the
6administration of community-based long-term care programs,
7including, but not limited to, community-based long-term care
8programs administered by the Department of Healthcare and
9Family Services, the Department of Human Services, and the
10Department on Aging, provided that the Director of Healthcare
11and Family Services first certifies that the amounts being
12transferred are necessary for the purpose of assisting persons
13in or at risk of being in institutional care to transition to
14community-based settings, including the financial data needed
15to prove the need for the transfer of funds. The total amounts
16transferred shall not exceed 4% in total of the amounts
17appropriated from the General Revenue Fund or any other State
18fund that receives monies for long-term care services for each
19fiscal year. A notice of the fund transfer must be made to the
20General Assembly and posted at a minimum on the Department of
21Healthcare and Family Services website, the Governor's Office
22of Management and Budget website, and any other website the
23Governor sees fit. These postings shall serve as notice to the
24General Assembly of the amounts to be transferred. Notice shall
25be given at least 30 days prior to transfer.
26    (b) In addition to the general transfer authority provided

 

 

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1under subsection (c), the following agencies have the specific
2transfer authority granted in this subsection:
3    The Department of Healthcare and Family Services is
4authorized to make transfers representing savings attributable
5to not increasing grants due to the births of additional
6children from line items for payments of cash grants to line
7items for payments for employment and social services for the
8purposes outlined in subsection (f) of Section 4-2 of the
9Illinois Public Aid Code.
10    The Department of Children and Family Services is
11authorized to make transfers not exceeding 2% of the aggregate
12amount appropriated to it within the same treasury fund for the
13following line items among these same line items: Foster Home
14and Specialized Foster Care and Prevention, Institutions and
15Group Homes and Prevention, and Purchase of Adoption and
16Guardianship Services.
17    The Department on Aging is authorized to make transfers not
18exceeding 2% of the aggregate amount appropriated to it within
19the same treasury fund for the following Community Care Program
20line items among these same line items: purchase of services
21covered by the Community Care Program and Comprehensive Case
22Coordination.
23    The State Treasurer is authorized to make transfers among
24line item appropriations from the Capital Litigation Trust
25Fund, with respect to costs incurred in fiscal years 2002 and
262003 only, when the balance remaining in one or more such line

 

 

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1item appropriations is insufficient for the purpose for which
2the appropriation was made, provided that no such transfer may
3be made unless the amount transferred is no longer required for
4the purpose for which that appropriation was made.
5    The State Board of Education is authorized to make
6transfers from line item appropriations within the same
7treasury fund for General State Aid and General State Aid -
8Hold Harmless, provided that no such transfer may be made
9unless the amount transferred is no longer required for the
10purpose for which that appropriation was made, to the line item
11appropriation for Transitional Assistance when the balance
12remaining in such line item appropriation is insufficient for
13the purpose for which the appropriation was made.
14    The State Board of Education is authorized to make
15transfers between the following line item appropriations
16within the same treasury fund: Disabled Student
17Services/Materials (Section 14-13.01 of the School Code),
18Disabled Student Transportation Reimbursement (Section
1914-13.01 of the School Code), Disabled Student Tuition -
20Private Tuition (Section 14-7.02 of the School Code),
21Extraordinary Special Education (Section 14-7.02b of the
22School Code), Reimbursement for Free Lunch/Breakfast Program,
23Summer School Payments (Section 18-4.3 of the School Code), and
24Transportation - Regular/Vocational Reimbursement (Section
2529-5 of the School Code). Such transfers shall be made only
26when the balance remaining in one or more such line item

 

 

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1appropriations is insufficient for the purpose for which the
2appropriation was made and provided that no such transfer may
3be made unless the amount transferred is no longer required for
4the purpose for which that appropriation was made.
5    The Department of Healthcare and Family Services is
6authorized to make transfers not exceeding 4% of the aggregate
7amount appropriated to it, within the same treasury fund, among
8the various line items appropriated for Medical Assistance.
9    (c) The sum of such transfers for an agency in a fiscal
10year shall not exceed 2% of the aggregate amount appropriated
11to it within the same treasury fund for the following objects:
12Personal Services; Extra Help; Student and Inmate
13Compensation; State Contributions to Retirement Systems; State
14Contributions to Social Security; State Contribution for
15Employee Group Insurance; Contractual Services; Travel;
16Commodities; Printing; Equipment; Electronic Data Processing;
17Operation of Automotive Equipment; Telecommunications
18Services; Travel and Allowance for Committed, Paroled and
19Discharged Prisoners; Library Books; Federal Matching Grants
20for Student Loans; Refunds; Workers' Compensation,
21Occupational Disease, and Tort Claims; and, in appropriations
22to institutions of higher education, Awards and Grants.
23Notwithstanding the above, any amounts appropriated for
24payment of workers' compensation claims to an agency to which
25the authority to evaluate, administer and pay such claims has
26been delegated by the Department of Central Management Services

 

 

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1may be transferred to any other expenditure object where such
2amounts exceed the amount necessary for the payment of such
3claims.
4    (c-1) Special provisions for State fiscal year 2003.
5Notwithstanding any other provision of this Section to the
6contrary, for State fiscal year 2003 only, transfers among line
7item appropriations to an agency from the same treasury fund
8may be made provided that the sum of such transfers for an
9agency in State fiscal year 2003 shall not exceed 3% of the
10aggregate amount appropriated to that State agency for State
11fiscal year 2003 for the following objects: personal services,
12except that no transfer may be approved which reduces the
13aggregate appropriations for personal services within an
14agency; extra help; student and inmate compensation; State
15contributions to retirement systems; State contributions to
16social security; State contributions for employee group
17insurance; contractual services; travel; commodities;
18printing; equipment; electronic data processing; operation of
19automotive equipment; telecommunications services; travel and
20allowance for committed, paroled, and discharged prisoners;
21library books; federal matching grants for student loans;
22refunds; workers' compensation, occupational disease, and tort
23claims; and, in appropriations to institutions of higher
24education, awards and grants.
25    (c-2) Special provisions for State fiscal year 2005.
26Notwithstanding subsections (a), (a-2), and (c), for State

 

 

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1fiscal year 2005 only, transfers may be made among any line
2item appropriations from the same or any other treasury fund
3for any objects or purposes, without limitation, when the
4balance remaining in one or more such line item appropriations
5is insufficient for the purpose for which the appropriation was
6made, provided that the sum of those transfers by a State
7agency shall not exceed 4% of the aggregate amount appropriated
8to that State agency for fiscal year 2005.
9    (c-3) Special provisions for State fiscal year 2015.
10Notwithstanding any other provision of this Section, for State
11fiscal year 2015, transfers among line item appropriations to a
12State agency from the same State treasury fund may be made for
13operational or lump sum expenses only, provided that the sum of
14such transfers for a State agency in State fiscal year 2015
15shall not exceed 4% of the aggregate amount appropriated to
16that State agency for operational or lump sum expenses for
17State fiscal year 2015. For the purpose of this subsection,
18"operational or lump sum expenses" includes the following
19objects: personal services; extra help; student and inmate
20compensation; State contributions to retirement systems; State
21contributions to social security; State contributions for
22employee group insurance; contractual services; travel;
23commodities; printing; equipment; electronic data processing;
24operation of automotive equipment; telecommunications
25services; travel and allowance for committed, paroled, and
26discharged prisoners; library books; federal matching grants

 

 

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

 

 

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1and other purposes; and lump sum operations. For the purpose of
2this subsection (c-4), "State agency" does not include the
3Attorney General, the Secretary of State, the Comptroller, the
4Treasurer, or the legislative or judicial branches.
5    (d) Transfers among appropriations made to agencies of the
6Legislative and Judicial departments and to the
7constitutionally elected officers in the Executive branch
8require the approval of the officer authorized in Section 10 of
9this Act to approve and certify vouchers. Transfers among
10appropriations made to the University of Illinois, Southern
11Illinois University, Chicago State University, Eastern
12Illinois University, Governors State University, Illinois
13State University, Northeastern Illinois University, Northern
14Illinois University, Western Illinois University, the Illinois
15Mathematics and Science Academy and the Board of Higher
16Education require the approval of the Board of Higher Education
17and the Governor. Transfers among appropriations to all other
18agencies require the approval of the Governor.
19    The officer responsible for approval shall certify that the
20transfer is necessary to carry out the programs and purposes
21for which the appropriations were made by the General Assembly
22and shall transmit to the State Comptroller a certified copy of
23the approval which shall set forth the specific amounts
24transferred so that the Comptroller may change his records
25accordingly. The Comptroller shall furnish the Governor with
26information copies of all transfers approved for agencies of

 

 

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1the Legislative and Judicial departments and transfers
2approved by the constitutionally elected officials of the
3Executive branch other than the Governor, showing the amounts
4transferred and indicating the dates such changes were entered
5on the Comptroller's records.
6    (e) The State Board of Education, in consultation with the
7State Comptroller, may transfer line item appropriations for
8General State Aid between the Common School Fund and the
9Education Assistance Fund. With the advice and consent of the
10Governor's Office of Management and Budget, the State Board of
11Education, in consultation with the State Comptroller, may
12transfer line item appropriations between the General Revenue
13Fund and the Education Assistance Fund for the following
14programs:
15        (1) Disabled Student Personnel Reimbursement (Section
16    14-13.01 of the School Code);
17        (2) Disabled Student Transportation Reimbursement
18    (subsection (b) of Section 14-13.01 of the School Code);
19        (3) Disabled Student Tuition - Private Tuition
20    (Section 14-7.02 of the School Code);
21        (4) Extraordinary Special Education (Section 14-7.02b
22    of the School Code);
23        (5) Reimbursement for Free Lunch/Breakfast Programs;
24        (6) Summer School Payments (Section 18-4.3 of the
25    School Code);
26        (7) Transportation - Regular/Vocational Reimbursement

 

 

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1    (Section 29-5 of the School Code);
2        (8) Regular Education Reimbursement (Section 18-3 of
3    the School Code); and
4        (9) Special Education Reimbursement (Section 14-7.03
5    of the School Code).
6(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,
7eff. 3-26-15.)
 
8    Section 5-15. The State Revenue Sharing Act is amended by
9changing Section 12 as follows:
 
10    (30 ILCS 115/12)  (from Ch. 85, par. 616)
11    Sec. 12. Personal Property Tax Replacement Fund. There is
12hereby created the Personal Property Tax Replacement Fund, a
13special fund in the State Treasury into which shall be paid all
14revenue realized:
15    (a) all amounts realized from the additional personal
16property tax replacement income tax imposed by subsections (c)
17and (d) of Section 201 of the Illinois Income Tax Act, except
18for those amounts deposited into the Income Tax Refund Fund
19pursuant to subsection (c) of Section 901 of the Illinois
20Income Tax Act; and
21    (b) all amounts realized from the additional personal
22property replacement invested capital taxes imposed by Section
232a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
24Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    distribution of moneys paid into the Fund; or (f) for
2    fiscal years 2012 and 2013 only, a sufficient amount to pay
3    stipends, additional compensation, salary reimbursements,
4    and other amounts directed to be paid out of this Fund for
5    regional offices and officials as authorized or required by
6    statute; or (g) for fiscal year 2018 only, a sufficient
7    amount to pay amounts directed to be paid out of this Fund
8    for public community college base operating grants and
9    local health protection grants to certified local health
10    departments as authorized or required by appropriation or
11    statute. Such portion of the fund shall be determined after
12    the transfer into the General Revenue Fund due to refunds,
13    if any, paid from the General Revenue Fund during the
14    preceding quarter. If at any time, for any reason, there is
15    insufficient amount in the Personal Property Tax
16    Replacement Fund for payments for regional offices and
17    officials or local officials or payment of costs of
18    administration or for transfers due to refunds at the end
19    of any particular month, the amount of such insufficiency
20    shall be carried over for the purposes of payments for
21    regional offices and officials, local officials, transfers
22    into the General Revenue Fund, and costs of administration
23    to the following month or months. Net replacement revenue
24    held, and defined above, shall be transferred by the
25    Treasurer and Comptroller to the Personal Property Tax
26    Replacement Fund within 10 days of such certification.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the debt service on such outstanding bonds. The balance of the
2amount necessary to fully pay such debt service shall
3constitute a first and prior lien upon the monies received by
4each such taxing district through the Personal Property Tax
5Replacement Fund and shall be first applied or set aside for
6such purpose. In counties having fewer than 3,000,000
7inhabitants, the amendments to this paragraph as made by this
8amendatory Act of 1980 shall be first applicable to 1980 taxes
9to be collected in 1981.
10(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
1197-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
126-30-14.)
 
13    Section 5-20. The General Obligation Bond Act is amended by
14changing Section 15 as follows:
 
15    (30 ILCS 330/15)  (from Ch. 127, par. 665)
16    Sec. 15. Computation of Principal and Interest; transfers.
17    (a) Upon each delivery of Bonds authorized to be issued
18under this Act, the Comptroller shall compute and certify to
19the Treasurer the total amount of principal of, interest on,
20and premium, if any, on Bonds issued that will be payable in
21order to retire such Bonds, the amount of principal of,
22interest on and premium, if any, on such Bonds that will be
23payable on each payment date according to the tenor of such
24Bonds during the then current and each succeeding fiscal year,

 

 

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1and the amount of sinking fund payments needed to be deposited
2in connection with Qualified School Construction Bonds
3authorized by subsection (e) of Section 9. With respect to the
4interest payable on variable rate bonds, such certifications
5shall be calculated at the maximum rate of interest that may be
6payable during the fiscal year, after taking into account any
7credits permitted in the related indenture or other instrument
8against the amount of such interest required to be appropriated
9for such period pursuant to subsection (c) of Section 14 of
10this Act. With respect to the interest payable, such
11certifications shall include the amounts certified by the
12Director of the Governor's Office of Management and Budget
13under subsection (b) of Section 9 of this Act.
14    On or before the last day of each month the State Treasurer
15and Comptroller shall transfer from (1) the Road Fund with
16respect to Bonds issued under paragraph (a) of Section 4 of
17this Act, or Bonds issued under authorization in Public Act
1898-781, or Bonds issued for the purpose of refunding such
19bonds, and from (2) the General Revenue Fund, with respect to
20all other Bonds issued under this Act, to the General
21Obligation Bond Retirement and Interest Fund an amount
22sufficient to pay the aggregate of the principal of, interest
23on, and premium, if any, on Bonds payable, by their terms on
24the next payment date divided by the number of full calendar
25months between the date of such Bonds and the first such
26payment date, and thereafter, divided by the number of months

 

 

SB0042 Enrolled- 118 -LRB100 04925 MLM 14935 b

1between each succeeding payment date after the first. Such
2computations and transfers shall be made for each series of
3Bonds issued and delivered. Interest payable on variable rate
4bonds shall be calculated at the maximum rate of interest that
5may be payable for the relevant period, after taking into
6account any credits permitted in the related indenture or other
7instrument against the amount of such interest required to be
8appropriated for such period pursuant to subsection (c) of
9Section 14 of this Act. Computations of interest shall include
10the amounts certified by the Director of the Governor's Office
11of Management and Budget under subsection (b) of Section 9 of
12this Act. Interest for which moneys have already been deposited
13into the capitalized interest account within the General
14Obligation Bond Retirement and Interest Fund shall not be
15included in the calculation of the amounts to be transferred
16under this subsection. Notwithstanding any other provision in
17this Section, the transfer provisions provided in this
18paragraph shall not apply to transfers made in fiscal year 2010
19or fiscal year 2011 with respect to Bonds issued in fiscal year
202010 or fiscal year 2011 pursuant to Section 7.2 of this Act.
21In the case of transfers made in fiscal year 2010 or fiscal
22year 2011 with respect to the Bonds issued in fiscal year 2010
23or fiscal year 2011 pursuant to Section 7.2 of this Act, on or
24before the 15th day of the month prior to the required debt
25service payment, the State Treasurer and Comptroller shall
26transfer from the General Revenue Fund to the General

 

 

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1Obligation Bond Retirement and Interest Fund an amount
2sufficient to pay the aggregate of the principal of, interest
3on, and premium, if any, on the Bonds payable in that next
4month.
5    The transfer of monies herein and above directed is not
6required if monies in the General Obligation Bond Retirement
7and Interest Fund are more than the amount otherwise to be
8transferred as herein above provided, and if the Governor or
9his authorized representative notifies the State Treasurer and
10Comptroller of such fact in writing.
11    (b) After the effective date of this Act, the balance of,
12and monies directed to be included in the Capital Development
13Bond Retirement and Interest Fund, Anti-Pollution Bond
14Retirement and Interest Fund, Transportation Bond, Series A
15Retirement and Interest Fund, Transportation Bond, Series B
16Retirement and Interest Fund, and Coal Development Bond
17Retirement and Interest Fund shall be transferred to and
18deposited in the General Obligation Bond Retirement and
19Interest Fund. This Fund shall be used to make debt service
20payments on the State's general obligation Bonds heretofore
21issued which are now outstanding and payable from the Funds
22herein listed as well as on Bonds issued under this Act.
23    (c) The unused portion of federal funds received for a
24capital facilities project, as authorized by Section 3 of this
25Act, for which monies from the Capital Development Fund have
26been expended shall remain in the Capital Development Board

 

 

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1Contributory Trust Fund and shall be used for capital projects
2and for no other purpose, subject to appropriation and as
3directed by the Capital Development Board. Any federal funds
4received as reimbursement for the completed construction of a
5capital facilities project, as authorized by Section 3 of this
6Act, for which monies from the Capital Development Fund have
7been expended shall be deposited in the General Obligation Bond
8Retirement and Interest Fund.
9(Source: P.A. 98-245, eff. 1-1-14.)
 
10    Section 5-25. The State Prompt Payment Act is amended by
11adding Section 3-5 as follows:
 
12    (30 ILCS 540/3-5 new)
13    Sec. 3-5. Budget Stabilization Fund; insufficient
14appropriation. If an agency incurs an interest liability under
15this Act that is ordinarily payable from the Budget
16Stabilization Fund, but the agency has insufficient
17appropriation authority from the Budget Stabilization Fund to
18make the interest payment at the time the interest payment is
19due, the agency is authorized to pay the interest from its
20available appropriations from the General Revenue Fund.
 
21    Section 5-30. The Illinois Income Tax Act is amended by
22changing Section 901 as follows:
 

 

 

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1    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
2    Sec. 901. Collection authority.
3    (a) In general.
4    The Department shall collect the taxes imposed by this Act.
5The Department shall collect certified past due child support
6amounts under Section 2505-650 of the Department of Revenue Law
7(20 ILCS 2505/2505-650). Except as provided in subsections (b),
8(c), (e), (f), (g), and (h) of this Section, money collected
9pursuant to subsections (a) and (b) of Section 201 of this Act
10shall be paid into the General Revenue Fund in the State
11treasury; money collected pursuant to subsections (c) and (d)
12of Section 201 of this Act shall be paid into the Personal
13Property Tax Replacement Fund, a special fund in the State
14Treasury; and money collected under Section 2505-650 of the
15Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
16into the Child Support Enforcement Trust Fund, a special fund
17outside the State Treasury, or to the State Disbursement Unit
18established under Section 10-26 of the Illinois Public Aid
19Code, as directed by the Department of Healthcare and Family
20Services.
21    (b) Local Government Distributive Fund.
22    Beginning August 1, 1969, and continuing through June 30,
231994, the Treasurer shall transfer each month from the General
24Revenue Fund to a special fund in the State treasury, to be
25known as the "Local Government Distributive Fund", an amount
26equal to 1/12 of the net revenue realized from the tax imposed

 

 

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1by subsections (a) and (b) of Section 201 of this Act during
2the preceding month. Beginning July 1, 1994, and continuing
3through June 30, 1995, the Treasurer shall transfer each month
4from the General Revenue Fund to the Local Government
5Distributive Fund an amount equal to 1/11 of the net revenue
6realized from the tax imposed by subsections (a) and (b) of
7Section 201 of this Act during the preceding month. Beginning
8July 1, 1995 and continuing through January 31, 2011, the
9Treasurer shall transfer each month from the General Revenue
10Fund to the Local Government Distributive Fund an amount equal
11to the net of (i) 1/10 of the net revenue realized from the tax
12imposed by subsections (a) and (b) of Section 201 of the
13Illinois Income Tax Act during the preceding month (ii) minus,
14beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
15and beginning July 1, 2004, zero. Beginning February 1, 2011,
16and continuing through January 31, 2015, the Treasurer shall
17transfer each month from the General Revenue Fund to the Local
18Government Distributive Fund an amount equal to the sum of (i)
196% (10% of the ratio of the 3% individual income tax rate prior
20to 2011 to the 5% individual income tax rate after 2010) of the
21net revenue realized from the tax imposed by subsections (a)
22and (b) of Section 201 of this Act upon individuals, trusts,
23and estates during the preceding month and (ii) 6.86% (10% of
24the ratio of the 4.8% corporate income tax rate prior to 2011
25to the 7% corporate income tax rate after 2010) of the net
26revenue realized from the tax imposed by subsections (a) and

 

 

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1(b) of Section 201 of this Act upon corporations during the
2preceding month. Beginning February 1, 2015 and continuing
3through January 31, 2025, the Treasurer shall transfer each
4month from the General Revenue Fund to the Local Government
5Distributive Fund an amount equal to the sum of (i) 8% (10% of
6the ratio of the 3% individual income tax rate prior to 2011 to
7the 3.75% individual income tax rate after 2014) of the net
8revenue realized from the tax imposed by subsections (a) and
9(b) of Section 201 of this Act upon individuals, trusts, and
10estates during the preceding month and (ii) 9.14% (10% of the
11ratio of the 4.8% corporate income tax rate prior to 2011 to
12the 5.25% corporate income tax rate after 2014) of the net
13revenue realized from the tax imposed by subsections (a) and
14(b) of Section 201 of this Act upon corporations during the
15preceding month. Beginning February 1, 2025, the Treasurer
16shall transfer each month from the General Revenue Fund to the
17Local Government Distributive Fund an amount equal to the sum
18of (i) 9.23% (10% of the ratio of the 3% individual income tax
19rate prior to 2011 to the 3.25% individual income tax rate
20after 2024) of the net revenue realized from the tax imposed by
21subsections (a) and (b) of Section 201 of this Act upon
22individuals, trusts, and estates during the preceding month and
23(ii) 10% of the net revenue realized from the tax imposed by
24subsections (a) and (b) of Section 201 of this Act upon
25corporations during the preceding month. Net revenue realized
26for a month shall be defined as the revenue from the tax

 

 

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1imposed by subsections (a) and (b) of Section 201 of this Act
2which is deposited in the General Revenue Fund, the Education
3Assistance Fund, the Income Tax Surcharge Local Government
4Distributive Fund, the Fund for the Advancement of Education,
5and the Commitment to Human Services Fund during the month
6minus the amount paid out of the General Revenue Fund in State
7warrants during that same month as refunds to taxpayers for
8overpayment of liability under the tax imposed by subsections
9(a) and (b) of Section 201 of this Act.
10    Notwithstanding any provision of law to the contrary,
11beginning on the effective date of this amendatory Act of the
12100th General Assembly, those amounts required under this
13subsection (b) to be transferred by the Treasurer into the
14Local Government Distributive Fund from the General Revenue
15Fund shall be directly deposited into the Local Government
16Distributive Fund as the revenue is realized from the tax
17imposed by subsections (a) and (b) of Section 201 of this Act.
18    For State fiscal year 2018 only, notwithstanding any
19provision of law to the contrary, the total amount of revenue
20and deposits under this Section attributable to revenues
21realized during State fiscal year 2018 shall be reduced by 10%.
22    Beginning on August 26, 2014 (the effective date of Public
23Act 98-1052), the Comptroller shall perform the transfers
24required by this subsection (b) no later than 60 days after he
25or she receives the certification from the Treasurer as
26provided in Section 1 of the State Revenue Sharing Act.

 

 

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1    (c) Deposits Into Income Tax Refund Fund.
2        (1) Beginning on January 1, 1989 and thereafter, the
3    Department shall deposit a percentage of the amounts
4    collected pursuant to subsections (a) and (b)(1), (2), and
5    (3), of Section 201 of this Act into a fund in the State
6    treasury known as the Income Tax Refund Fund. The
7    Department shall deposit 6% of such amounts during the
8    period beginning January 1, 1989 and ending on June 30,
9    1989. Beginning with State fiscal year 1990 and for each
10    fiscal year thereafter, the percentage deposited into the
11    Income Tax Refund Fund during a fiscal year shall be the
12    Annual Percentage. For fiscal years 1999 through 2001, the
13    Annual Percentage shall be 7.1%. For fiscal year 2003, the
14    Annual Percentage shall be 8%. For fiscal year 2004, the
15    Annual Percentage shall be 11.7%. Upon the effective date
16    of this amendatory Act of the 93rd General Assembly, the
17    Annual Percentage shall be 10% for fiscal year 2005. For
18    fiscal year 2006, the Annual Percentage shall be 9.75%. For
19    fiscal year 2007, the Annual Percentage shall be 9.75%. For
20    fiscal year 2008, the Annual Percentage shall be 7.75%. For
21    fiscal year 2009, the Annual Percentage shall be 9.75%. For
22    fiscal year 2010, the Annual Percentage shall be 9.75%. For
23    fiscal year 2011, the Annual Percentage shall be 8.75%. For
24    fiscal year 2012, the Annual Percentage shall be 8.75%. For
25    fiscal year 2013, the Annual Percentage shall be 9.75%. For
26    fiscal year 2014, the Annual Percentage shall be 9.5%. For

 

 

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

 

 

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1    period beginning January 1, 1989 and ending on June 30,
2    1989. Beginning with State fiscal year 1990 and for each
3    fiscal year thereafter, the percentage deposited into the
4    Income Tax Refund Fund during a fiscal year shall be the
5    Annual Percentage. For fiscal years 1999, 2000, and 2001,
6    the Annual Percentage shall be 19%. For fiscal year 2003,
7    the Annual Percentage shall be 27%. For fiscal year 2004,
8    the Annual Percentage shall be 32%. Upon the effective date
9    of this amendatory Act of the 93rd General Assembly, the
10    Annual Percentage shall be 24% for fiscal year 2005. For
11    fiscal year 2006, the Annual Percentage shall be 20%. For
12    fiscal year 2007, the Annual Percentage shall be 17.5%. For
13    fiscal year 2008, the Annual Percentage shall be 15.5%. For
14    fiscal year 2009, the Annual Percentage shall be 17.5%. For
15    fiscal year 2010, the Annual Percentage shall be 17.5%. For
16    fiscal year 2011, the Annual Percentage shall be 17.5%. For
17    fiscal year 2012, the Annual Percentage shall be 17.5%. For
18    fiscal year 2013, the Annual Percentage shall be 14%. For
19    fiscal year 2014, the Annual Percentage shall be 13.4%. For
20    fiscal year 2015, the Annual Percentage shall be 14%. For
21    fiscal year 2018, the Annual Percentage shall be 17.5%. For
22    all other fiscal years, the Annual Percentage shall be
23    calculated as a fraction, the numerator of which shall be
24    the amount of refunds approved for payment by the
25    Department during the preceding fiscal year as a result of
26    overpayment of tax liability under subsections (a) and

 

 

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1    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
2    Act plus the amount of such refunds remaining approved but
3    unpaid at the end of the preceding fiscal year, and the
4    denominator of which shall be the amounts which will be
5    collected pursuant to subsections (a) and (b)(6), (7), and
6    (8), (c) and (d) of Section 201 of this Act during the
7    preceding fiscal year; except that in State fiscal year
8    2002, the Annual Percentage shall in no event exceed 23%.
9    The Director of Revenue shall certify the Annual Percentage
10    to the Comptroller on the last business day of the fiscal
11    year immediately preceding the fiscal year for which it is
12    to be effective.
13        (3) The Comptroller shall order transferred and the
14    Treasurer shall transfer from the Tobacco Settlement
15    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
16    in January, 2001, (ii) $35,000,000 in January, 2002, and
17    (iii) $35,000,000 in January, 2003.
18    (d) Expenditures from Income Tax Refund Fund.
19        (1) Beginning January 1, 1989, money in the Income Tax
20    Refund Fund shall be expended exclusively for the purpose
21    of paying refunds resulting from overpayment of tax
22    liability under Section 201 of this Act, for paying rebates
23    under Section 208.1 in the event that the amounts in the
24    Homeowners' Tax Relief Fund are insufficient for that
25    purpose, and for making transfers pursuant to this
26    subsection (d).

 

 

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

 

 

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1    subsections (c) and (d) of Section 201 of this Act paid
2    from the Income Tax Refund Fund during the fiscal year over
3    the amount collected pursuant to subsections (c) and (d) of
4    Section 201 of this Act deposited into the Income Tax
5    Refund Fund during the fiscal year.
6        (4.5) As soon as possible after the end of fiscal year
7    1999 and of each fiscal year thereafter, the Director shall
8    order transferred and the State Treasurer and State
9    Comptroller shall transfer from the Income Tax Refund Fund
10    to the General Revenue Fund any surplus remaining in the
11    Income Tax Refund Fund as of the end of such fiscal year;
12    excluding for fiscal years 2000, 2001, and 2002 amounts
13    attributable to transfers under item (3) of subsection (c)
14    less refunds resulting from the earned income tax credit.
15        (5) This Act shall constitute an irrevocable and
16    continuing appropriation from the Income Tax Refund Fund
17    for the purpose of paying refunds upon the order of the
18    Director in accordance with the provisions of this Section.
19    (e) Deposits into the Education Assistance Fund and the
20Income Tax Surcharge Local Government Distributive Fund.
21    On July 1, 1991, and thereafter, of the amounts collected
22pursuant to subsections (a) and (b) of Section 201 of this Act,
23minus deposits into the Income Tax Refund Fund, the Department
24shall deposit 7.3% into the Education Assistance Fund in the
25State Treasury. Beginning July 1, 1991, and continuing through
26January 31, 1993, of the amounts collected pursuant to

 

 

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1subsections (a) and (b) of Section 201 of the Illinois Income
2Tax Act, minus deposits into the Income Tax Refund Fund, the
3Department shall deposit 3.0% into the Income Tax Surcharge
4Local Government Distributive Fund in the State Treasury.
5Beginning February 1, 1993 and continuing through June 30,
61993, of the amounts collected pursuant to subsections (a) and
7(b) of Section 201 of the Illinois Income Tax Act, minus
8deposits into the Income Tax Refund Fund, the Department shall
9deposit 4.4% into the Income Tax Surcharge Local Government
10Distributive Fund in the State Treasury. Beginning July 1,
111993, and continuing through June 30, 1994, of the amounts
12collected under subsections (a) and (b) of Section 201 of this
13Act, minus deposits into the Income Tax Refund Fund, the
14Department shall deposit 1.475% into the Income Tax Surcharge
15Local Government Distributive Fund in the State Treasury.
16    (f) Deposits into the Fund for the Advancement of
17Education. Beginning February 1, 2015, the Department shall
18deposit the following portions of the revenue realized from the
19tax imposed upon individuals, trusts, and estates by
20subsections (a) and (b) of Section 201 of this Act during the
21preceding month, minus deposits into the Income Tax Refund
22Fund, into the Fund for the Advancement of Education:
23        (1) beginning February 1, 2015, and prior to February
24    1, 2025, 1/30; and
25        (2) beginning February 1, 2025, 1/26.
26    If the rate of tax imposed by subsection (a) and (b) of

 

 

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

 

 

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1subsections (a), (b), (c), and (d) of Section 201 of this Act,
2net of deposits into the Income Tax Refund Fund made from those
3cash receipts.
4(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
598-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
67-20-15.)
 
7    Section 5-35. The Metropolitan Pier and Exposition
8Authority Act is amended by changing Sections 5, 13, and 13.2
9and by adding Section 13.3 as follows:
 
10    (70 ILCS 210/5)  (from Ch. 85, par. 1225)
11    Sec. 5. The Metropolitan Pier and Exposition Authority
12shall also have the following rights and powers:
13        (a) To accept from Chicago Park Fair, a corporation, an
14    assignment of whatever sums of money it may have received
15    from the Fair and Exposition Fund, allocated by the
16    Department of Agriculture of the State of Illinois, and
17    Chicago Park Fair is hereby authorized to assign, set over
18    and transfer any of those funds to the Metropolitan Pier
19    and Exposition Authority. The Authority has the right and
20    power hereafter to receive sums as may be distributed to it
21    by the Department of Agriculture of the State of Illinois
22    from the Fair and Exposition Fund pursuant to the
23    provisions of Sections 5, 6i, and 28 of the State Finance
24    Act. All sums received by the Authority shall be held in

 

 

SB0042 Enrolled- 134 -LRB100 04925 MLM 14935 b

1    the sole custody of the secretary-treasurer of the
2    Metropolitan Pier and Exposition Board.
3        (b) To accept the assignment of, assume and execute any
4    contracts heretofore entered into by Chicago Park Fair.
5        (c) To acquire, own, construct, equip, lease, operate
6    and maintain grounds, buildings and facilities to carry out
7    its corporate purposes and duties, and to carry out or
8    otherwise provide for the recreational, cultural,
9    commercial or residential development of Navy Pier, and to
10    fix and collect just, reasonable and nondiscriminatory
11    charges for the use thereof. The charges so collected shall
12    be made available to defray the reasonable expenses of the
13    Authority and to pay the principal of and the interest upon
14    any revenue bonds issued by the Authority. The Authority
15    shall be subject to and comply with the Lake Michigan and
16    Chicago Lakefront Protection Ordinance, the Chicago
17    Building Code, the Chicago Zoning Ordinance, and all
18    ordinances and regulations of the City of Chicago contained
19    in the following Titles of the Municipal Code of Chicago:
20    Businesses, Occupations and Consumer Protection; Health
21    and Safety; Fire Prevention; Public Peace, Morals and
22    Welfare; Utilities and Environmental Protection; Streets,
23    Public Ways, Parks, Airports and Harbors; Electrical
24    Equipment and Installation; Housing and Economic
25    Development (only Chapter 5-4 thereof); and Revenue and
26    Finance (only so far as such Title pertains to the

 

 

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

 

 

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1    Authority, or may provide for other lawful forms of just
2    compensation to the owner. Any property acquired in
3    condemnation proceedings shall be used only as provided in
4    this Act. Except as otherwise provided by law, the City of
5    Chicago shall have a right of first refusal prior to any
6    sale of any such property by the Authority to a third party
7    other than substitute property. The Authority shall
8    develop and implement a relocation plan for businesses
9    displaced as a result of the Authority's acquisition of
10    property. The relocation plan shall be substantially
11    similar to provisions of the Uniform Relocation Assistance
12    and Real Property Acquisition Act and regulations
13    promulgated under that Act relating to assistance to
14    displaced businesses. To implement the relocation plan the
15    Authority may acquire property by purchase or gift or may
16    exercise the powers authorized in this subsection (f),
17    except the immediate vesting of title under Article 20 of
18    the Eminent Domain Act, to acquire substitute private
19    property within one mile of Site B for the benefit of
20    displaced businesses located on property being acquired by
21    the Authority. However, no such substitute property may be
22    acquired by the Authority unless the mayor of the
23    municipality in which the property is located certifies in
24    writing that the acquisition is consistent with the
25    municipality's land use and economic development policies
26    and goals. The acquisition of substitute property is

 

 

SB0042 Enrolled- 137 -LRB100 04925 MLM 14935 b

1    declared to be for public use. In exercising the powers
2    authorized in this subsection (f), the Authority shall use
3    its best efforts to relocate businesses within the area of
4    McCormick Place or, failing that, within the City of
5    Chicago.
6        (g) To enter into contracts relating to construction
7    projects which provide for the delivery by the contractor
8    of a completed project, structure, improvement, or
9    specific portion thereof, for a fixed maximum price, which
10    contract may provide that the delivery of the project,
11    structure, improvement, or specific portion thereof, for
12    the fixed maximum price is insured or guaranteed by a third
13    party capable of completing the construction.
14        (h) To enter into agreements with any person with
15    respect to the use and occupancy of the grounds, buildings,
16    and facilities of the Authority, including concession,
17    license, and lease agreements on terms and conditions as
18    the Authority determines. Notwithstanding Section 24,
19    agreements with respect to the use and occupancy of the
20    grounds, buildings, and facilities of the Authority for a
21    term of more than one year shall be entered into in
22    accordance with the procurement process provided for in
23    Section 25.1.
24        (i) To enter into agreements with any person with
25    respect to the operation and management of the grounds,
26    buildings, and facilities of the Authority or the provision

 

 

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1    of goods and services on terms and conditions as the
2    Authority determines.
3        (j) After conducting the procurement process provided
4    for in Section 25.1, to enter into one or more contracts to
5    provide for the design and construction of all or part of
6    the Authority's Expansion Project grounds, buildings, and
7    facilities. Any contract for design and construction of the
8    Expansion Project shall be in the form authorized by
9    subsection (g), shall be for a fixed maximum price not in
10    excess of the funds that are authorized to be made
11    available for those purposes during the term of the
12    contract, and shall be entered into before commencement of
13    construction.
14        (k) To enter into agreements, including project
15    agreements with labor unions, that the Authority deems
16    necessary to complete the Expansion Project or any other
17    construction or improvement project in the most timely and
18    efficient manner and without strikes, picketing, or other
19    actions that might cause disruption or delay and thereby
20    add to the cost of the project.
21        (l) To provide incentives to organizations and
22    entities that agree to make use of the grounds, buildings,
23    and facilities of the Authority for conventions, meetings,
24    or trade shows. The incentives may take the form of
25    discounts from regular fees charged by the Authority,
26    subsidies for or assumption of the costs incurred with

 

 

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

 

 

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

 

 

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1    provided that transfers in excess of $15,000,000 shall not
2    be made in any fiscal year.
3        On July 15, 2014, and every year thereafter, the
4    Comptroller shall order transferred, and the Treasurer
5    shall transfer, into the Metropolitan Pier and Exposition
6    Authority Incentive Fund from the General Revenue Fund an
7    amount equal to the incentive grant funds certified by the
8    Chief Executive Officer as having been lawfully paid under
9    the provisions of this Section in the previous fiscal year
10    that have not otherwise been transferred into the
11    Metropolitan Pier and Exposition Authority Incentive Fund,
12    provided that (1) no transfers with respect to any previous
13    fiscal year shall be made after the transfer has been made
14    with respect to the 2017 fiscal year and (2) transfers in
15    excess of $15,000,000 shall not be made in any fiscal year.
16        After a transfer has been made under this subsection
17    (l), the Chief Executive Officer shall file a request for
18    payment with the Comptroller evidencing that the incentive
19    grants have been made and the Comptroller shall thereafter
20    order paid, and the Treasurer shall pay, the requested
21    amounts to the Metropolitan Pier and Exposition Authority.
22         In no case shall more than $5,000,000 be used in any
23    one year by the Authority for incentives granted
24    conventions, meetings, or trade shows with a registered
25    attendance of more than 5,000 and less than 10,000. Amounts
26    in the Metropolitan Pier and Exposition Authority

 

 

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

 

 

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1    Support Fund shall be reduced during the next subsequent
2    transfer in direct proportion to that amount determined to
3    be in violation of the terms set forth in this subsection
4    (l-5).
5        On July 15, 2012, and each year thereafter, the
6    Comptroller shall order transferred, and the Treasurer
7    shall transfer, into the Convention Center Support Fund
8    from the General Revenue Fund the amount of $5,000,000 for
9    (i) incentives to attract large conventions, meetings, and
10    trade shows to the Donald E. Stephens Convention Center,
11    and (ii) to be used by the Village of Rosemont for the
12    repair, maintenance, and improvement of the Donald E.
13    Stephens Convention Center and for debt service on debt
14    instruments issued for those purposes by the village. No
15    later than 30 days after the transfer, the Comptroller
16    shall order paid, and the Treasurer shall pay, to the
17    Village of Rosemont the amounts transferred.
18        (m) To enter into contracts with any person conveying
19    the naming rights or other intellectual property rights
20    with respect to the grounds, buildings, and facilities of
21    the Authority.
22        (n) To enter into grant agreements with the Chicago
23    Convention and Tourism Bureau providing for the marketing
24    of the convention facilities to large and small
25    conventions, meetings, and trade shows and the promotion of
26    the travel industry in the City of Chicago, provided such

 

 

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1    agreements meet the requirements of Section 5.6 of this
2    Act. Receipts of the Authority from the increase in the
3    airport departure tax authorized by Section 13(f) of this
4    amendatory Act of the 96th General Assembly and, subject to
5    appropriation to the Authority, funds deposited in the
6    Chicago Travel Industry Promotion Fund pursuant to Section
7    6 of the Hotel Operators' Occupation Tax Act shall be
8    granted to the Bureau for such purposes.
9    Nothing in this Act shall be construed to authorize the
10Authority to spend the proceeds of any bonds or notes issued
11under Section 13.2 or any taxes levied under Section 13 to
12construct a stadium to be leased to or used by professional
13sports teams.
14(Source: P.A. 97-617, eff. 10-26-11; 98-109, eff. 7-25-13.)
 
15    (70 ILCS 210/13)  (from Ch. 85, par. 1233)
16    Sec. 13. (a) The Authority shall not have power to levy
17taxes for any purpose, except as provided in subsections (b),
18(c), (d), (e), and (f).
19    (b) By ordinance the Authority shall, as soon as
20practicable after the effective date of this amendatory Act of
211991, impose a Metropolitan Pier and Exposition Authority
22Retailers' Occupation Tax upon all persons engaged in the
23business of selling tangible personal property at retail within
24the territory described in this subsection at the rate of 1.0%
25of the gross receipts (i) from the sale of food, alcoholic

 

 

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1beverages, and soft drinks sold for consumption on the premises
2where sold and (ii) from the sale of food, alcoholic beverages,
3and soft drinks sold for consumption off the premises where
4sold by a retailer whose principal source of gross receipts is
5from the sale of food, alcoholic beverages, and soft drinks
6prepared for immediate consumption.
7    The tax imposed under this subsection and all civil
8penalties that may be assessed as an incident to that tax shall
9be collected and enforced by the Illinois Department of
10Revenue. The Department shall have full power to administer and
11enforce this subsection, to collect all taxes and penalties so
12collected in the manner provided in this subsection, and to
13determine all rights to credit memoranda arising on account of
14the erroneous payment of tax or penalty under this subsection.
15In the administration of and compliance with this subsection,
16the Department and persons who are subject to this subsection
17shall have the same rights, remedies, privileges, immunities,
18powers, and duties, shall be subject to the same conditions,
19restrictions, limitations, penalties, exclusions, exemptions,
20and definitions of terms, and shall employ the same modes of
21procedure applicable to this Retailers' Occupation Tax as are
22prescribed in Sections 1, 2 through 2-65 (in respect to all
23provisions of those Sections other than the State rate of
24taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
25and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
265j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January

 

 

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11, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
2after January 1, 1994, all applicable provisions of the Uniform
3Penalty and Interest Act that are not inconsistent with this
4Act, as fully as if provisions contained in those Sections of
5the Retailers' Occupation Tax Act were set forth in this
6subsection.
7    Persons subject to any tax imposed under the authority
8granted in this subsection may reimburse themselves for their
9seller's tax liability under this subsection by separately
10stating that tax as an additional charge, which charge may be
11stated in combination, in a single amount, with State taxes
12that sellers are required to collect under the Use Tax Act,
13pursuant to bracket schedules as the Department may prescribe.
14The retailer filing the return shall, at the time of filing the
15return, pay to the Department the amount of tax imposed under
16this subsection, less a discount of 1.75%, which is allowed to
17reimburse the retailer for the expenses incurred in keeping
18records, preparing and filing returns, remitting the tax, and
19supplying data to the Department on request.
20    Whenever the Department determines that a refund should be
21made under this subsection to a claimant instead of issuing a
22credit memorandum, the Department shall notify the State
23Comptroller, who shall cause a warrant to be drawn for the
24amount specified and to the person named in the notification
25from the Department. The refund shall be paid by the State
26Treasurer out of the Metropolitan Pier and Exposition Authority

 

 

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1trust fund held by the State Treasurer as trustee for the
2Authority.
3    Nothing in this subsection authorizes the Authority to
4impose a tax upon the privilege of engaging in any business
5that under the Constitution of the United States may not be
6made the subject of taxation by this State.
7    The Department shall forthwith pay over to the State
8Treasurer, ex officio, as trustee for the Authority, all taxes
9and penalties collected under this subsection for deposit into
10a trust fund held outside of the State Treasury.
11    As soon as possible after the first day of each month,
12beginning January 1, 2011, upon certification of the Department
13of Revenue, the Comptroller shall order transferred, and the
14Treasurer shall transfer, to the STAR Bonds Revenue Fund the
15local sales tax increment, as defined in the Innovation
16Development and Economy Act, collected under this subsection
17during the second preceding calendar month for sales within a
18STAR bond district.
19    After the monthly transfer to the STAR Bonds Revenue Fund,
20on or before the 25th day of each calendar month, the
21Department shall prepare and certify to the Comptroller the
22amounts to be paid under subsection (g) of this Section, which
23shall be the amounts, not including credit memoranda, collected
24under this subsection during the second preceding calendar
25month by the Department, less any amounts determined by the
26Department to be necessary for the payment of refunds, less 2%

 

 

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

 

 

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

 

 

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1    line of West Diversey Avenue extended to the shoreline of
2    Lake Michigan, then following the shoreline of Lake
3    Michigan (including Navy Pier and all other improvements
4    fixed to land, docks, or piers) to the point where the
5    shoreline of Lake Michigan and the Adlai E. Stevenson
6    Expressway extended east to that shoreline intersect, then
7    west along the Adlai E. Stevenson Expressway to a point 150
8    feet west of the west line of South Ashland Avenue, then
9    north along a line 150 feet west of the west line of South
10    and North Ashland Avenue to the point of beginning.
11    The tax authorized to be levied under this subsection may
12also be levied on food, alcoholic beverages, and soft drinks
13sold on boats and other watercraft departing from and returning
14to the shoreline of Lake Michigan (including Navy Pier and all
15other improvements fixed to land, docks, or piers) described in
16item (3).
17    (c) By ordinance the Authority shall, as soon as
18practicable after the effective date of this amendatory Act of
191991, impose an occupation tax upon all persons engaged in the
20corporate limits of the City of Chicago in the business of
21renting, leasing, or letting rooms in a hotel, as defined in
22the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of
23the gross rental receipts from the renting, leasing, or letting
24of hotel rooms within the City of Chicago, excluding, however,
25from gross rental receipts the proceeds of renting, leasing, or
26letting to permanent residents of a hotel, as defined in that

 

 

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1Act. Gross rental receipts shall not include charges that are
2added on account of the liability arising from any tax imposed
3by the State or any governmental agency on the occupation of
4renting, leasing, or letting rooms in a hotel.
5    The tax imposed by the Authority under this subsection and
6all civil penalties that may be assessed as an incident to that
7tax shall be collected and enforced by the Illinois Department
8of Revenue. The certificate of registration that is issued by
9the Department to a lessor under the Hotel Operators'
10Occupation Tax Act shall permit that registrant to engage in a
11business that is taxable under any ordinance enacted under this
12subsection without registering separately with the Department
13under that ordinance or under this subsection. The Department
14shall have full power to administer and enforce this
15subsection, to collect all taxes and penalties due under this
16subsection, to dispose of taxes and penalties so collected in
17the manner provided in this subsection, and to determine all
18rights to credit memoranda arising on account of the erroneous
19payment of tax or penalty under this subsection. In the
20administration of and compliance with this subsection, the
21Department and persons who are subject to this subsection shall
22have the same rights, remedies, privileges, immunities,
23powers, and duties, shall be subject to the same conditions,
24restrictions, limitations, penalties, and definitions of
25terms, and shall employ the same modes of procedure as are
26prescribed in the Hotel Operators' Occupation Tax Act (except

 

 

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

 

 

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1returns, remitting the tax, and supplying data to the
2Department on request.
3    The Department shall forthwith pay over to the State
4Treasurer, ex officio, as trustee for the Authority, all taxes
5and penalties collected under this subsection for deposit into
6a trust fund held outside the State Treasury. On or before the
725th day of each calendar month, the Department shall certify
8to the Comptroller the amounts to be paid under subsection (g)
9of this Section, which shall be the amounts (not including
10credit memoranda) collected under this subsection during the
11second preceding calendar month by the Department, less any
12amounts determined by the Department to be necessary for
13payment of refunds. Within 10 days after receipt by the
14Comptroller of the Department's certification, the Comptroller
15shall cause the orders to be drawn for such amounts, and the
16Treasurer shall administer those amounts as required in
17subsection (g).
18    A certified copy of any ordinance imposing or discontinuing
19a tax under this subsection or effecting a change in the rate
20of that tax shall be filed with the Illinois Department of
21Revenue, whereupon the Department shall proceed to administer
22and enforce this subsection on behalf of the Authority as of
23the first day of the third calendar month following the date of
24filing.
25    (d) By ordinance the Authority shall, as soon as
26practicable after the effective date of this amendatory Act of

 

 

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11991, impose a tax upon all persons engaged in the business of
2renting automobiles in the metropolitan area at the rate of 6%
3of the gross receipts from that business, except that no tax
4shall be imposed on the business of renting automobiles for use
5as taxicabs or in livery service. The tax imposed under this
6subsection and all civil penalties that may be assessed as an
7incident to that tax shall be collected and enforced by the
8Illinois Department of Revenue. The certificate of
9registration issued by the Department to a retailer under the
10Retailers' Occupation Tax Act or under the Automobile Renting
11Occupation and Use Tax Act shall permit that person to engage
12in a business that is taxable under any ordinance enacted under
13this subsection without registering separately with the
14Department under that ordinance or under this subsection. The
15Department shall have full power to administer and enforce this
16subsection, to collect all taxes and penalties due under this
17subsection, to dispose of taxes and penalties so collected in
18the manner provided in this subsection, and to determine all
19rights to credit memoranda arising on account of the erroneous
20payment of tax or penalty under this subsection. In the
21administration of and compliance with this subsection, the
22Department and persons who are subject to this subsection shall
23have the same rights, remedies, privileges, immunities,
24powers, and duties, be subject to the same conditions,
25restrictions, limitations, penalties, and definitions of
26terms, and employ the same modes of procedure as are prescribed

 

 

SB0042 Enrolled- 155 -LRB100 04925 MLM 14935 b

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

 

 

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1trust fund held by the State Treasurer as trustee for the
2Authority.
3    The Department shall forthwith pay over to the State
4Treasurer, ex officio, as trustee, all taxes and penalties
5collected under this subsection for deposit into a trust fund
6held outside the State Treasury. On or before the 25th day of
7each calendar month, the Department shall certify to the
8Comptroller the amounts to be paid under subsection (g) of this
9Section (not including credit memoranda) collected under this
10subsection during the second preceding calendar month by the
11Department, less any amount determined by the Department to be
12necessary for payment of refunds. Within 10 days after receipt
13by the Comptroller of the Department's certification, the
14Comptroller shall cause the orders to be drawn for such
15amounts, and the Treasurer shall administer those amounts as
16required in subsection (g).
17    Nothing in this subsection authorizes the Authority to
18impose a tax upon the privilege of engaging in any business
19that under the Constitution of the United States may not be
20made the subject of taxation by this State.
21    A certified copy of any ordinance imposing or discontinuing
22a tax under this subsection or effecting a change in the rate
23of that tax shall be filed with the Illinois Department of
24Revenue, whereupon the Department shall proceed to administer
25and enforce this subsection on behalf of the Authority as of
26the first day of the third calendar month following the date of

 

 

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1filing.
2    (e) By ordinance the Authority shall, as soon as
3practicable after the effective date of this amendatory Act of
41991, impose a tax upon the privilege of using in the
5metropolitan area an automobile that is rented from a rentor
6outside Illinois and is titled or registered with an agency of
7this State's government at a rate of 6% of the rental price of
8that automobile, except that no tax shall be imposed on the
9privilege of using automobiles rented for use as taxicabs or in
10livery service. The tax shall be collected from persons whose
11Illinois address for titling or registration purposes is given
12as being in the metropolitan area. The tax shall be collected
13by the Department of Revenue for the Authority. The tax must be
14paid to the State or an exemption determination must be
15obtained from the Department of Revenue before the title or
16certificate of registration for the property may be issued. The
17tax or proof of exemption may be transmitted to the Department
18by way of the State agency with which or State officer with
19whom the tangible personal property must be titled or
20registered if the Department and that agency or State officer
21determine that this procedure will expedite the processing of
22applications for title or registration.
23    The Department shall have full power to administer and
24enforce this subsection, to collect all taxes, penalties, and
25interest due under this subsection, to dispose of taxes,
26penalties, and interest so collected in the manner provided in

 

 

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1this subsection, and to determine all rights to credit
2memoranda or refunds arising on account of the erroneous
3payment of tax, penalty, or interest under this subsection. In
4the administration of and compliance with this subsection, the
5Department and persons who are subject to this subsection shall
6have the same rights, remedies, privileges, immunities,
7powers, and duties, be subject to the same conditions,
8restrictions, limitations, penalties, and definitions of
9terms, and employ the same modes of procedure as are prescribed
10in Sections 2 and 4 (except provisions pertaining to the State
11rate of tax; and in respect to the provisions of the Use Tax
12Act referred to in that Section, except provisions concerning
13collection or refunding of the tax by retailers, except the
14provisions of Section 19 pertaining to claims by retailers,
15except the last paragraph concerning refunds, and except that
16credit memoranda issued under this subsection may not be used
17to discharge any State tax liability) of the Automobile Renting
18Occupation and Use Tax Act, as fully as if provisions contained
19in those Sections of that Act were set forth in this
20subsection.
21    Whenever the Department determines that a refund should be
22made under this subsection to a claimant instead of issuing a
23credit memorandum, the Department shall notify the State
24Comptroller, who shall cause a warrant to be drawn for the
25amount specified and to the person named in the notification
26from the Department. The refund shall be paid by the State

 

 

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1Treasurer out of the Metropolitan Pier and Exposition Authority
2trust fund held by the State Treasurer as trustee for the
3Authority.
4    The Department shall forthwith pay over to the State
5Treasurer, ex officio, as trustee, all taxes, penalties, and
6interest collected under this subsection for deposit into a
7trust fund held outside the State Treasury. On or before the
825th day of each calendar month, the Department shall certify
9to the State Comptroller the amounts to be paid under
10subsection (g) of this Section, which shall be the amounts (not
11including credit memoranda) collected under this subsection
12during the second preceding calendar month by the Department,
13less any amounts determined by the Department to be necessary
14for payment of refunds. Within 10 days after receipt by the
15State Comptroller of the Department's certification, the
16Comptroller shall cause the orders to be drawn for such
17amounts, and the Treasurer shall administer those amounts as
18required in subsection (g).
19    A certified copy of any ordinance imposing or discontinuing
20a tax or effecting a change in the rate of that tax shall be
21filed with the Illinois Department of Revenue, whereupon the
22Department shall proceed to administer and enforce this
23subsection on behalf of the Authority as of the first day of
24the third calendar month following the date of filing.
25    (f) By ordinance the Authority shall, as soon as
26practicable after the effective date of this amendatory Act of

 

 

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11991, impose an occupation tax on all persons, other than a
2governmental agency, engaged in the business of providing
3ground transportation for hire to passengers in the
4metropolitan area at a rate of (i) $4 per taxi or livery
5vehicle departure with passengers for hire from commercial
6service airports in the metropolitan area, (ii) for each
7departure with passengers for hire from a commercial service
8airport in the metropolitan area in a bus or van operated by a
9person other than a person described in item (iii): $18 per bus
10or van with a capacity of 1-12 passengers, $36 per bus or van
11with a capacity of 13-24 passengers, and $54 per bus or van
12with a capacity of over 24 passengers, and (iii) for each
13departure with passengers for hire from a commercial service
14airport in the metropolitan area in a bus or van operated by a
15person regulated by the Interstate Commerce Commission or
16Illinois Commerce Commission, operating scheduled service from
17the airport, and charging fares on a per passenger basis: $2
18per passenger for hire in each bus or van. The term "commercial
19service airports" means those airports receiving scheduled
20passenger service and enplaning more than 100,000 passengers
21per year.
22    In the ordinance imposing the tax, the Authority may
23provide for the administration and enforcement of the tax and
24the collection of the tax from persons subject to the tax as
25the Authority determines to be necessary or practicable for the
26effective administration of the tax. The Authority may enter

 

 

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1into agreements as it deems appropriate with any governmental
2agency providing for that agency to act as the Authority's
3agent to collect the tax.
4    In the ordinance imposing the tax, the Authority may
5designate a method or methods for persons subject to the tax to
6reimburse themselves for the tax liability arising under the
7ordinance (i) by separately stating the full amount of the tax
8liability as an additional charge to passengers departing the
9airports, (ii) by separately stating one-half of the tax
10liability as an additional charge to both passengers departing
11from and to passengers arriving at the airports, or (iii) by
12some other method determined by the Authority.
13    All taxes, penalties, and interest collected under any
14ordinance adopted under this subsection, less any amounts
15determined to be necessary for the payment of refunds and less
16the taxes, penalties, and interest attributable to any increase
17in the rate of tax authorized by Public Act 96-898, shall be
18paid forthwith to the State Treasurer, ex officio, for deposit
19into a trust fund held outside the State Treasury and shall be
20administered by the State Treasurer as provided in subsection
21(g) of this Section. All taxes, penalties, and interest
22attributable to any increase in the rate of tax authorized by
23Public Act 96-898 shall be paid by the State Treasurer as
24follows: 25% for deposit into the Convention Center Support
25Fund, to be used by the Village of Rosemont for the repair,
26maintenance, and improvement of the Donald E. Stephens

 

 

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1Convention Center and for debt service on debt instruments
2issued for those purposes by the village and 75% to the
3Authority to be used for grants to an organization meeting the
4qualifications set out in Section 5.6 of this Act, provided the
5Metropolitan Pier and Exposition Authority has entered into a
6marketing agreement with such an organization.
7    (g) Amounts deposited from the proceeds of taxes imposed by
8the Authority under subsections (b), (c), (d), (e), and (f) of
9this Section and amounts deposited under Section 19 of the
10Illinois Sports Facilities Authority Act shall be held in a
11trust fund outside the State Treasury and shall be administered
12by the Treasurer as follows:
13        (1) An amount necessary for the payment of refunds with
14    respect to those taxes shall be retained in the trust fund
15    and used for those payments.
16        (2) On July 20 and on the 20th of each month
17    thereafter, provided that the amount requested in the
18    annual certificate of the Chairman of the Authority filed
19    under Section 8.25f of the State Finance Act has been
20    appropriated for payment to the Authority, 1/8 of the local
21    tax transfer amount, together with any cumulative
22    deficiencies in the amounts transferred into the McCormick
23    Place Expansion Project Fund under this subparagraph (2)
24    during the fiscal year for which the certificate has been
25    filed, shall be transferred from the trust fund into the
26    McCormick Place Expansion Project Fund in the State

 

 

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1    treasury until 100% of the local tax transfer amount has
2    been so transferred. "Local tax transfer amount" shall mean
3    the amount requested in the annual certificate, minus the
4    reduction amount. "Reduction amount" shall mean $41.7
5    million in fiscal year 2011, $36.7 million in fiscal year
6    2012, $36.7 million in fiscal year 2013, $36.7 million in
7    fiscal year 2014, and $31.7 million in each fiscal year
8    thereafter until 2032, provided that the reduction amount
9    shall be reduced by (i) the amount certified by the
10    Authority to the State Comptroller and State Treasurer
11    under Section 8.25 of the State Finance Act, as amended,
12    with respect to that fiscal year and (ii) in any fiscal
13    year in which the amounts deposited in the trust fund under
14    this Section exceed $318.3 million, exclusive of amounts
15    set aside for refunds and for the reserve account, one
16    dollar for each dollar of the deposits in the trust fund
17    above $318.3 million with respect to that year, exclusive
18    of amounts set aside for refunds and for the reserve
19    account.
20        (3) On July 20, 2010, the Comptroller shall certify to
21    the Governor, the Treasurer, and the Chairman of the
22    Authority the 2010 deficiency amount, which means the
23    cumulative amount of transfers that were due from the trust
24    fund to the McCormick Place Expansion Project Fund in
25    fiscal years 2008, 2009, and 2010 under Section 13(g) of
26    this Act, as it existed prior to May 27, 2010 (the

 

 

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1    effective date of Public Act 96-898), but not made. On July
2    20, 2011 and on July 20 of each year through July 20, 2014,
3    the Treasurer shall calculate for the previous fiscal year
4    the surplus revenues in the trust fund and pay that amount
5    to the Authority. On July 20, 2015 and on July 20 of each
6    year thereafter to and including July 20, 2017, as long as
7    bonds and notes issued under Section 13.2 or bonds and
8    notes issued to refund those bonds and notes are
9    outstanding, the Treasurer shall calculate for the
10    previous fiscal year the surplus revenues in the trust fund
11    and pay one-half of that amount to the State Treasurer for
12    deposit into the General Revenue Fund until the 2010
13    deficiency amount has been paid and shall pay the balance
14    of the surplus revenues to the Authority. On July 20, 2018
15    and on July 20 of each year thereafter, the Treasurer shall
16    calculate for the previous fiscal year the surplus revenues
17    in the trust fund and pay all of such surplus revenues to
18    the State Treasurer for deposit into the General Revenue
19    Fund until the 2010 deficiency amount has been paid. After
20    the 2010 deficiency amount has been paid, the Treasurer
21    shall pay the balance of the surplus revenues to the
22    Authority. "Surplus revenues" means the amounts remaining
23    in the trust fund on June 30 of the previous fiscal year
24    (A) after the State Treasurer has set aside in the trust
25    fund (i) amounts retained for refunds under subparagraph
26    (1) and (ii) any amounts necessary to meet the reserve

 

 

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1    account amount and (B) after the State Treasurer has
2    transferred from the trust fund to the General Revenue Fund
3    100% of any post-2010 deficiency amount. "Reserve account
4    amount" means $15 million in fiscal year 2011 and $30
5    million in each fiscal year thereafter. The reserve account
6    amount shall be set aside in the trust fund and used as a
7    reserve to be transferred to the McCormick Place Expansion
8    Project Fund in the event the proceeds of taxes imposed
9    under this Section 13 are not sufficient to fund the
10    transfer required in subparagraph (2). "Post-2010
11    deficiency amount" means any deficiency in transfers from
12    the trust fund to the McCormick Place Expansion Project
13    Fund with respect to fiscal years 2011 and thereafter. It
14    is the intention of this subparagraph (3) that no surplus
15    revenues shall be paid to the Authority with respect to any
16    year in which a post-2010 deficiency amount has not been
17    satisfied by the Authority.
18    Moneys received by the Authority as surplus revenues may be
19used (i) for the purposes of paying debt service on the bonds
20and notes issued by the Authority, including early redemption
21of those bonds or notes, (ii) for the purposes of repair,
22replacement, and improvement of the grounds, buildings, and
23facilities of the Authority, and (iii) for the corporate
24purposes of the Authority in fiscal years 2011 through 2015 in
25an amount not to exceed $20,000,000 annually or $80,000,000
26total, which amount shall be reduced $0.75 for each dollar of

 

 

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1the receipts of the Authority in that year from any contract
2entered into with respect to naming rights at McCormick Place
3under Section 5(m) of this Act. When bonds and notes issued
4under Section 13.2, or bonds or notes issued to refund those
5bonds and notes, are no longer outstanding, the balance in the
6trust fund shall be paid to the Authority.
7    (h) The ordinances imposing the taxes authorized by this
8Section shall be repealed when bonds and notes issued under
9Section 13.2 or bonds and notes issued to refund those bonds
10and notes are no longer outstanding.
11(Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)
 
12    (70 ILCS 210/13.2)  (from Ch. 85, par. 1233.2)
13    Sec. 13.2. The McCormick Place Expansion Project Fund is
14created in the State Treasury. All moneys in the McCormick
15Place Expansion Project Fund are allocated to and shall be
16appropriated and used only for the purposes authorized by and
17subject to the limitations and conditions of this Section.
18Those amounts may be appropriated by law to the Authority for
19the purposes of paying the debt service requirements on all
20bonds and notes, including bonds and notes issued to refund or
21advance refund bonds and notes issued under this Section,
22Section 13.1, or issued to refund or advance refund bonds and
23notes otherwise issued under this Act, (collectively referred
24to as "bonds") to be issued by the Authority under this Section
25in an aggregate original principal amount (excluding the amount

 

 

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1of any bonds and notes issued to refund or advance refund bonds
2or notes issued under this Section and Section 13.1) not to
3exceed $2,850,000,000 $2,557,000,000 for the purposes of
4carrying out and performing its duties and exercising its
5powers under this Act. The increased debt authorization of
6$450,000,000 provided by Public Act 96-898 this amendatory Act
7of the 96th General Assembly shall be used solely for the
8purpose of: (i) hotel construction and related necessary
9capital improvements; (ii) other needed capital improvements
10to existing facilities; and (iii) land acquisition for and
11construction of one multi-use facility on property bounded by
12East Cermak Road on the south, East 21st Street on the north,
13South Indiana Avenue on the west, and South Prairie Avenue on
14the east in the City of Chicago, Cook County, Illinois; these
15limitations do not apply to the increased debt authorization
16provided by this amendatory Act of the 100th General Assembly.
17No bonds issued to refund or advance refund bonds issued under
18this Section may mature later than 40 years from the date of
19issuance of the refunding or advance refunding bonds. After the
20aggregate original principal amount of bonds authorized in this
21Section has been issued, the payment of any principal amount of
22such bonds does not authorize the issuance of additional bonds
23(except refunding bonds). Any bonds and notes issued under this
24Section in any year in which there is an outstanding "post-2010
25deficiency amount" as that term is defined in Section 13 (g)(3)
26of this Act shall provide for the payment to the State

 

 

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1Treasurer of the amount of that deficiency. Proceeds from the
2sale of bonds issued pursuant to the increased debt
3authorization provided by this amendatory Act of the 100th
4General Assembly may be used for the payment to the State
5Treasurer of any unpaid amounts described in paragraph (3) of
6subsection (g) of Section 13 of this Act as part of the "2010
7deficiency amount" or the "Post-2010 deficiency amount".
8    On the first day of each month commencing after July 1,
91993, amounts, if any, on deposit in the McCormick Place
10Expansion Project Fund shall, subject to appropriation, be paid
11in full to the Authority or, upon its direction, to the trustee
12or trustees for bondholders of bonds that by their terms are
13payable from the moneys received from the McCormick Place
14Expansion Project Fund, until an amount equal to 100% of the
15aggregate amount of the principal and interest in the fiscal
16year, including that pursuant to sinking fund requirements, has
17been so paid and deficiencies in reserves shall have been
18remedied.
19    The State of Illinois pledges to and agrees with the
20holders of the bonds of the Metropolitan Pier and Exposition
21Authority issued under this Section that the State will not
22limit or alter the rights and powers vested in the Authority by
23this Act so as to impair the terms of any contract made by the
24Authority with those holders or in any way impair the rights
25and remedies of those holders until the bonds, together with
26interest thereon, interest on any unpaid installments of

 

 

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1interest, and all costs and expenses in connection with any
2action or proceedings by or on behalf of those holders are
3fully met and discharged; provided that any increase in the Tax
4Act Amounts specified in Section 3 of the Retailers' Occupation
5Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service
6Use Tax Act, and Section 9 of the Service Occupation Tax Act
7required to be deposited into the Build Illinois Bond Account
8in the Build Illinois Fund pursuant to any law hereafter
9enacted shall not be deemed to impair the rights of such
10holders so long as the increase does not result in the
11aggregate debt service payable in the current or any future
12fiscal year of the State on all bonds issued pursuant to the
13Build Illinois Bond Act and the Metropolitan Pier and
14Exposition Authority Act and payable from tax revenues
15specified in Section 3 of the Retailers' Occupation Tax Act,
16Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
17Act, and Section 9 of the Service Occupation Tax Act exceeding
1833 1/3% of such tax revenues for the most recently completed
19fiscal year of the State at the time of such increase. In
20addition, the State pledges to and agrees with the holders of
21the bonds of the Authority issued under this Section that the
22State will not limit or alter the basis on which State funds
23are to be paid to the Authority as provided in this Act or the
24use of those funds so as to impair the terms of any such
25contract; provided that any increase in the Tax Act Amounts
26specified in Section 3 of the Retailers' Occupation Tax Act,

 

 

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1Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
2Act, and Section 9 of the Service Occupation Tax Act required
3to be deposited into the Build Illinois Bond Account in the
4Build Illinois Fund pursuant to any law hereafter enacted shall
5not be deemed to impair the terms of any such contract so long
6as the increase does not result in the aggregate debt service
7payable in the current or any future fiscal year of the State
8on all bonds issued pursuant to the Build Illinois Bond Act and
9the Metropolitan Pier and Exposition Authority Act and payable
10from tax revenues specified in Section 3 of the Retailers'
11Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
12the Service Use Tax Act, and Section 9 of the Service
13Occupation Tax Act exceeding 33 1/3% of such tax revenues for
14the most recently completed fiscal year of the State at the
15time of such increase. The Authority is authorized to include
16these pledges and agreements with the State in any contract
17with the holders of bonds issued under this Section.
18    The State shall not be liable on bonds of the Authority
19issued under this Section those bonds shall not be a debt of
20the State, and this Act shall not be construed as a guarantee
21by the State of the debts of the Authority. The bonds shall
22contain a statement to this effect on the face of the bonds.
23(Source: P.A. 98-109, eff. 7-25-13.)
 
24    (70 ILCS 210/13.3 new)
25    Sec. 13.3. MPEA Reserve Fund. There is hereby created the

 

 

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1MPEA Reserve Fund in the State Treasury. If any amount of the
22010 deficiency amount is paid to the State Treasurer pursuant
3to paragraph (3) of subsection (g) of Section 13 or Section
413.2 on any date after the effective date of this amendatory
5Act of the 100th General Assembly, the Comptroller shall order
6transferred, and the Treasurer shall transfer an equal amount
7from the General Revenue Fund into the MPEA Reserve Fund.
8Amounts in the MPEA Reserve Fund shall be administered by the
9Treasurer as follows:
10        (a) On July 1 of each fiscal year, the State Treasurer
11    shall transfer from the MPEA Reserve Fund to the General
12    Revenue Fund an amount equal to 100% of any post-2010
13    deficiency amount.
14        (b) Notwithstanding subsection (a) of this Section,
15    any amounts in the MPEA Reserve Fund may be appropriated by
16    law for any other authorized purpose.
17        (c) All amounts in the MPEA Reserve Fund shall be
18    deposited into the General Revenue Fund when bonds and
19    notes issued under Section 13.2, including bonds and notes
20    issued to refund those bonds and notes, are no longer
21    outstanding.
 
22    Section 5-36. The Downstate Public Transportation Act is
23amended by changing Section 2-3 as follows:
 
24    (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)

 

 

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1    Sec. 2-3. (a) As soon as possible after the first day of
2each month, beginning July 1, 1984, upon certification of the
3Department of Revenue, the Comptroller shall order
4transferred, and the Treasurer shall transfer, from the General
5Revenue Fund to a special fund in the State Treasury which is
6hereby created, to be known as the "Downstate Public
7Transportation Fund", an amount equal to 2/32 (beginning July
81, 2005, 3/32) of the net revenue realized from the "Retailers'
9Occupation Tax Act", as now or hereafter amended, the "Service
10Occupation Tax Act", as now or hereafter amended, the "Use Tax
11Act", as now or hereafter amended, and the "Service Use Tax
12Act", as now or hereafter amended, from persons incurring
13municipal or county retailers' or service occupation tax
14liability for the benefit of any municipality or county located
15wholly within the boundaries of each participant other than any
16Metro-East Transit District participant certified pursuant to
17subsection (c) of this Section during the preceding month,
18except that the Department shall pay into the Downstate Public
19Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
20of the net revenue realized under the State tax Acts named
21above within any municipality or county located wholly within
22the boundaries of each participant, other than any Metro-East
23participant, for tax periods beginning on or after January 1,
241990. Net revenue realized for a month shall be the revenue
25collected by the State pursuant to such Acts during the
26previous month from persons incurring municipal or county

 

 

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1retailers' or service occupation tax liability for the benefit
2of any municipality or county located wholly within the
3boundaries of a participant, less the amount paid out during
4that same month as refunds or credit memoranda to taxpayers for
5overpayment of liability under such Acts for the benefit of any
6municipality or county located wholly within the boundaries of
7a participant.
8    Notwithstanding any provision of law to the contrary,
9beginning on the effective date of this amendatory Act of the
10100th General Assembly, those amounts required under this
11subsection (a) to be transferred by the Treasurer into the
12Downstate Public Transportation Fund from the General Revenue
13Fund shall be directly deposited into the Downstate Public
14Transportation Fund as the revenues are realized from the taxes
15indicated.
16    (b) As soon as possible after the first day of each month,
17beginning July 1, 1989, upon certification of the Department of
18Revenue, the Comptroller shall order transferred, and the
19Treasurer shall transfer, from the General Revenue Fund to a
20special fund in the State Treasury which is hereby created, to
21be known as the "Metro-East Public Transportation Fund", an
22amount equal to 2/32 of the net revenue realized, as above,
23from within the boundaries of Madison, Monroe, and St. Clair
24Counties, except that the Department shall pay into the
25Metro-East Public Transportation Fund 2/32 of 80% of the net
26revenue realized under the State tax Acts specified in

 

 

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1subsection (a) of this Section within the boundaries of
2Madison, Monroe and St. Clair Counties for tax periods
3beginning on or after January 1, 1990. A local match equivalent
4to an amount which could be raised by a tax levy at the rate of
5.05% on the assessed value of property within the boundaries of
6Madison County is required annually to cause a total of 2/32 of
7the net revenue to be deposited in the Metro-East Public
8Transportation Fund. Failure to raise the required local match
9annually shall result in only 1/32 being deposited into the
10Metro-East Public Transportation Fund after July 1, 1989, or
111/32 of 80% of the net revenue realized for tax periods
12beginning on or after January 1, 1990.
13    (b-5) As soon as possible after the first day of each
14month, beginning July 1, 2005, upon certification of the
15Department of Revenue, the Comptroller shall order
16transferred, and the Treasurer shall transfer, from the General
17Revenue Fund to the Downstate Public Transportation Fund, an
18amount equal to 3/32 of 80% of the net revenue realized from
19within the boundaries of Monroe and St. Clair Counties under
20the State Tax Acts specified in subsection (a) of this Section
21and provided further that, beginning July 1, 2005, the
22provisions of subsection (b) shall no longer apply with respect
23to such tax receipts from Monroe and St. Clair Counties.
24    Notwithstanding any provision of law to the contrary,
25beginning on the effective date of this amendatory Act of the
26100th General Assembly, those amounts required under this

 

 

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1subsection (b-5) to be transferred by the Treasurer into the
2Downstate Public Transportation Fund from the General Revenue
3Fund shall be directly deposited into the Downstate Public
4Transportation Fund as the revenues are realized from the taxes
5indicated.
6    (b-6) As soon as possible after the first day of each
7month, beginning July 1, 2008, upon certification by the
8Department of Revenue, the Comptroller shall order transferred
9and the Treasurer shall transfer, from the General Revenue Fund
10to the Downstate Public Transportation Fund, an amount equal to
113/32 of 80% of the net revenue realized from within the
12boundaries of Madison County under the State Tax Acts specified
13in subsection (a) of this Section and provided further that,
14beginning July 1, 2008, the provisions of subsection (b) shall
15no longer apply with respect to such tax receipts from Madison
16County.
17    Notwithstanding any provision of law to the contrary,
18beginning on the effective date of this amendatory Act of the
19100th General Assembly, those amounts required under this
20subsection (b-6) to be transferred by the Treasurer into the
21Downstate Public Transportation Fund from the General Revenue
22Fund shall be directly deposited into the Downstate Public
23Transportation Fund as the revenues are realized from the taxes
24indicated.
25    (c) The Department shall certify to the Department of
26Revenue the eligible participants under this Article and the

 

 

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1territorial boundaries of such participants for the purposes of
2the Department of Revenue in subsections (a) and (b) of this
3Section.
4    (d) For the purposes of this Article, beginning in fiscal
5year 2009 the General Assembly shall appropriate an amount from
6the Downstate Public Transportation Fund equal to the sum total
7funds projected to be paid to the participants pursuant to
8Section 2-7. If the General Assembly fails to make
9appropriations sufficient to cover the amounts projected to be
10paid pursuant to Section 2-7, this Act shall constitute an
11irrevocable and continuing appropriation from the Downstate
12Public Transportation Fund of all amounts necessary for those
13purposes.
14    (e) Notwithstanding anything in this Section to the
15contrary, amounts transferred from the General Revenue Fund to
16the Downstate Public Transportation Fund pursuant to this
17Section shall not exceed $169,000,000 in State fiscal year
182012.
19    (f) For State fiscal year 2018 only, notwithstanding any
20provision of law to the contrary, the total amount of revenue
21and deposits under this Section attributable to revenues
22realized during State fiscal year 2018 shall be reduced by 10%.
23(Source: P.A. 97-641, eff. 12-19-11.)
 
24    Section 5-37. The Regional Transportation Authority Act is
25amended by changing Section 4.09 as follows:
 

 

 

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1    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
2    Sec. 4.09. Public Transportation Fund and the Regional
3Transportation Authority Occupation and Use Tax Replacement
4Fund.
5    (a)(1) Except as otherwise provided in paragraph (4), as As
6soon as possible after the first day of each month, beginning
7July 1, 1984, upon certification of the Department of Revenue,
8the Comptroller shall order transferred and the Treasurer shall
9transfer from the General Revenue Fund to a special fund in the
10State Treasury to be known as the Public Transportation Fund an
11amount equal to 25% of the net revenue, before the deduction of
12the serviceman and retailer discounts pursuant to Section 9 of
13the Service Occupation Tax Act and Section 3 of the Retailers'
14Occupation Tax Act, realized from any tax imposed by the
15Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
16amounts deposited into the Regional Transportation Authority
17tax fund created by Section 4.03 of this Act, from the County
18and Mass Transit District Fund as provided in Section 6z-20 of
19the State Finance Act and 25% of the amounts deposited into the
20Regional Transportation Authority Occupation and Use Tax
21Replacement Fund from the State and Local Sales Tax Reform Fund
22as provided in Section 6z-17 of the State Finance Act. On the
23first day of the month following the date that the Department
24receives revenues from increased taxes under Section 4.03(m) as
25authorized by this amendatory Act of the 95th General Assembly,

 

 

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

 

 

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1less the amount paid out during that same month as refunds to
2taxpayers for overpayment of liability in the metropolitan
3region under Sections 4.03 and 4.03.1.
4    Notwithstanding any provision of law to the contrary,
5beginning on the effective date of this amendatory Act of the
6100th General Assembly, those amounts required under this
7paragraph (1) of subsection (a) to be transferred by the
8Treasurer into the Public Transportation Fund from the General
9Revenue Fund shall be directly deposited into the Public
10Transportation Fund as the revenues are realized from the taxes
11indicated.
12    (2) Except as otherwise provided in paragraph (4), on On
13the first day of the month following the effective date of this
14amendatory Act of the 95th General Assembly and each month
15thereafter, upon certification by the Department of Revenue,
16the Comptroller shall order transferred and the Treasurer shall
17transfer from the General Revenue Fund to the Public
18Transportation Fund an amount equal to 5% of the net revenue,
19before the deduction of the serviceman and retailer discounts
20pursuant to Section 9 of the Service Occupation Tax Act and
21Section 3 of the Retailers' Occupation Tax Act, realized from
22any tax imposed by the Authority pursuant to Sections 4.03 and
234.03.1 and certified by the Department of Revenue under Section
244.03(n) of this Act to be paid to the Authority and 5% of the
25amounts deposited into the Regional Transportation Authority
26tax fund created by Section 4.03 of this Act from the County

 

 

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1and Mass Transit District Fund as provided in Section 6z-20 of
2the State Finance Act, and 5% of the amounts deposited into the
3Regional Transportation Authority Occupation and Use Tax
4Replacement Fund from the State and Local Sales Tax Reform Fund
5as provided in Section 6z-17 of the State Finance Act, and 5%
6of the revenue realized by the Chicago Transit Authority as
7financial assistance from the City of Chicago from the proceeds
8of any tax imposed by the City of Chicago under Section 8-3-19
9of the Illinois Municipal Code.
10    Notwithstanding any provision of law to the contrary,
11beginning on the effective date of this amendatory Act of the
12100th General Assembly, those amounts required under this
13paragraph (2) of subsection (a) to be transferred by the
14Treasurer into the Public Transportation Fund from the General
15Revenue Fund shall be directly deposited into the Public
16Transportation Fund as the revenues are realized from the taxes
17indicated.
18    (3) Except as otherwise provided in paragraph (4), as As
19soon as possible after the first day of January, 2009 and each
20month thereafter, upon certification of the Department of
21Revenue with respect to the taxes collected under Section 4.03,
22the Comptroller shall order transferred and the Treasurer shall
23transfer from the General Revenue Fund to the Public
24Transportation Fund an amount equal to 25% of the net revenue,
25before the deduction of the serviceman and retailer discounts
26pursuant to Section 9 of the Service Occupation Tax Act and

 

 

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1Section 3 of the Retailers' Occupation Tax Act, realized from
2(i) 20% of the proceeds of any tax imposed by the Authority at
3a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
4tax imposed by the Authority at the rate of 1% in Cook County,
5and (iii) one-third of the proceeds of any tax imposed by the
6Authority at the rate of 0.75% in the Counties of DuPage, Kane,
7Lake, McHenry, and Will, all pursuant to Section 4.03, and the
8Comptroller shall order transferred and the Treasurer shall
9transfer from the General Revenue Fund to the Public
10Transportation Fund (iv) an amount equal to 25% of the revenue
11realized by the Chicago Transit Authority as financial
12assistance from the City of Chicago from the proceeds of any
13tax imposed by the City of Chicago under Section 8-3-19 of the
14Illinois Municipal Code.
15    Notwithstanding any provision of law to the contrary,
16beginning on the effective date of this amendatory Act of the
17100th General Assembly, those amounts required under this
18paragraph (3) of subsection (a) to be transferred by the
19Treasurer into the Public Transportation Fund from the General
20Revenue Fund shall be directly deposited into the Public
21Transportation Fund as the revenues are realized from the taxes
22indicated.
23    (4) Notwithstanding any provision of law to the contrary,
24of the transfers to be made under paragraphs (1), (2), and (3)
25of this subsection (a) from the General Revenue Fund to the
26Public Transportation Fund, the first $100,000,000 that would

 

 

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1have otherwise been transferred from the General Revenue Fund
2shall be transferred from the Road Fund. The remaining balance
3of such transfers shall be made from the General Revenue Fund.
4    (5) For State fiscal year 2018 only, notwithstanding any
5provision of law to the contrary, the total amount of revenue
6and deposits under this subsection (a) attributable to revenues
7realized during State fiscal year 2018 shall be reduced by 10%.
8    (b)(1) All moneys deposited in the Public Transportation
9Fund and the Regional Transportation Authority Occupation and
10Use Tax Replacement Fund, whether deposited pursuant to this
11Section or otherwise, are allocated to the Authority. The
12Comptroller, as soon as possible after each monthly transfer
13provided in this Section and after each deposit into the Public
14Transportation Fund, shall order the Treasurer to pay to the
15Authority out of the Public Transportation Fund the amount so
16transferred or deposited. Any Additional State Assistance and
17Additional Financial Assistance paid to the Authority under
18this Section shall be expended by the Authority for its
19purposes as provided in this Act. The balance of the amounts
20paid to the Authority from the Public Transportation Fund shall
21be expended by the Authority as provided in Section 4.03.3. The
22Comptroller, as soon as possible after each deposit into the
23Regional Transportation Authority Occupation and Use Tax
24Replacement Fund provided in this Section and Section 6z-17 of
25the State Finance Act, shall order the Treasurer to pay to the
26Authority out of the Regional Transportation Authority

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Treasurer shall deposit any such payment in the Road
2    General Revenue Fund; and
3        (ii) whether, beginning with the 2007 fiscal year, the
4    aggregate of all fares charged and received for ADA
5    paratransit services equals the system generated ADA
6    paratransit services revenue recovery ratio percentage of
7    the aggregate of all costs of providing such ADA
8    paratransit services.
9    (h) If the Authority makes any payment to the State under
10paragraph (g), the Authority shall reduce the amount provided
11to a Service Board from funds transferred under paragraph (a)
12in proportion to the amount by which that Service Board failed
13to meet its required system generated revenues recovery ratio.
14A Service Board which is affected by a reduction in funds under
15this paragraph shall submit to the Authority concurrently with
16its next due quarterly report a revised budget incorporating
17the reduction in funds. The revised budget must meet the
18criteria specified in clauses (i) through (vi) of Section
194.11(b)(2). The Board shall review and act on the revised
20budget as provided in Section 4.11(b)(3).
21(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
2295-906, eff. 8-26-08.)
 
23    Section 5-40. The School Code is amended by changing
24Section 18-8.05 as follows:
 

 

 

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1    (105 ILCS 5/18-8.05)
2    Sec. 18-8.05. Basis for apportionment of general State
3financial aid and supplemental general State aid to the common
4schools for the 1998-1999 and subsequent school years.
 
5(A) General Provisions.
6    (1) The provisions of this Section apply to the 1998-1999
7and subsequent school years. The system of general State
8financial aid provided for in this Section is designed to
9assure that, through a combination of State financial aid and
10required local resources, the financial support provided each
11pupil in Average Daily Attendance equals or exceeds a
12prescribed per pupil Foundation Level. This formula approach
13imputes a level of per pupil Available Local Resources and
14provides for the basis to calculate a per pupil level of
15general State financial aid that, when added to Available Local
16Resources, equals or exceeds the Foundation Level. The amount
17of per pupil general State financial aid for school districts,
18in general, varies in inverse relation to Available Local
19Resources. Per pupil amounts are based upon each school
20district's Average Daily Attendance as that term is defined in
21this Section.
22    (2) In addition to general State financial aid, school
23districts with specified levels or concentrations of pupils
24from low income households are eligible to receive supplemental
25general State financial aid grants as provided pursuant to

 

 

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

 

 

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1    provided in this Section.
2        (c) If a school district operates a full year school
3    under Section 10-19.1, the general State aid to the school
4    district shall be determined by the State Board of
5    Education in accordance with this Section as near as may be
6    applicable.
7        (d) (Blank).
8    (4) Except as provided in subsections (H) and (L), the
9board of any district receiving any of the grants provided for
10in this Section may apply those funds to any fund so received
11for which that board is authorized to make expenditures by law.
12    School districts are not required to exert a minimum
13Operating Tax Rate in order to qualify for assistance under
14this Section.
15    (5) As used in this Section the following terms, when
16capitalized, shall have the meaning ascribed herein:
17        (a) "Average Daily Attendance": A count of pupil
18    attendance in school, averaged as provided for in
19    subsection (C) and utilized in deriving per pupil financial
20    support levels.
21        (b) "Available Local Resources": A computation of
22    local financial support, calculated on the basis of Average
23    Daily Attendance and derived as provided pursuant to
24    subsection (D).
25        (c) "Corporate Personal Property Replacement Taxes":
26    Funds paid to local school districts pursuant to "An Act in

 

 

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1    relation to the abolition of ad valorem personal property
2    tax and the replacement of revenues lost thereby, and
3    amending and repealing certain Acts and parts of Acts in
4    connection therewith", certified August 14, 1979, as
5    amended (Public Act 81-1st S.S.-1).
6        (d) "Foundation Level": A prescribed level of per pupil
7    financial support as provided for in subsection (B).
8        (e) "Operating Tax Rate": All school district property
9    taxes extended for all purposes, except Bond and Interest,
10    Summer School, Rent, Capital Improvement, and Vocational
11    Education Building purposes.
 
12(B) Foundation Level.
13    (1) The Foundation Level is a figure established by the
14State representing the minimum level of per pupil financial
15support that should be available to provide for the basic
16education of each pupil in Average Daily Attendance. As set
17forth in this Section, each school district is assumed to exert
18a sufficient local taxing effort such that, in combination with
19the aggregate of general State financial aid provided the
20district, an aggregate of State and local resources are
21available to meet the basic education needs of pupils in the
22district.
23    (2) For the 1998-1999 school year, the Foundation Level of
24support is $4,225. For the 1999-2000 school year, the
25Foundation Level of support is $4,325. For the 2000-2001 school

 

 

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1year, the Foundation Level of support is $4,425. For the
22001-2002 school year and 2002-2003 school year, the Foundation
3Level of support is $4,560. For the 2003-2004 school year, the
4Foundation Level of support is $4,810. For the 2004-2005 school
5year, the Foundation Level of support is $4,964. For the
62005-2006 school year, the Foundation Level of support is
7$5,164. For the 2006-2007 school year, the Foundation Level of
8support is $5,334. For the 2007-2008 school year, the
9Foundation Level of support is $5,734. For the 2008-2009 school
10year, the Foundation Level of support is $5,959.
11    (3) For the 2009-2010 school year and each school year
12thereafter, the Foundation Level of support is $6,119 or such
13greater amount as may be established by law by the General
14Assembly.
 
15(C) Average Daily Attendance.
16    (1) For purposes of calculating general State aid pursuant
17to subsection (E), an Average Daily Attendance figure shall be
18utilized. The Average Daily Attendance figure for formula
19calculation purposes shall be the monthly average of the actual
20number of pupils in attendance of each school district, as
21further averaged for the best 3 months of pupil attendance for
22each school district. In compiling the figures for the number
23of pupils in attendance, school districts and the State Board
24of Education shall, for purposes of general State aid funding,
25conform attendance figures to the requirements of subsection

 

 

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

 

 

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

 

 

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1the district's Average Daily Attendance figure.
2    (4) The Corporate Personal Property Replacement Taxes paid
3to each school district during the calendar year one year
4before the calendar year in which a school year begins, divided
5by the Average Daily Attendance figure for that district, shall
6be added to the local property tax revenues per pupil as
7derived by the application of the immediately preceding
8paragraph (3). The sum of these per pupil figures for each
9school district shall constitute Available Local Resources as
10that term is utilized in subsection (E) in the calculation of
11general State aid.
 
12(E) Computation of General State Aid.
13    (1) For each school year, the amount of general State aid
14allotted to a school district shall be computed by the State
15Board of Education as provided in this subsection.
16    (2) For any school district for which Available Local
17Resources per pupil is less than the product of 0.93 times the
18Foundation Level, general State aid for that district shall be
19calculated as an amount equal to the Foundation Level minus
20Available Local Resources, multiplied by the Average Daily
21Attendance of the school district.
22    (3) For any school district for which Available Local
23Resources per pupil is equal to or greater than the product of
240.93 times the Foundation Level and less than the product of
251.75 times the Foundation Level, the general State aid per

 

 

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1pupil shall be a decimal proportion of the Foundation Level
2derived using a linear algorithm. Under this linear algorithm,
3the calculated general State aid per pupil shall decline in
4direct linear fashion from 0.07 times the Foundation Level for
5a school district with Available Local Resources equal to the
6product of 0.93 times the Foundation Level, to 0.05 times the
7Foundation Level for a school district with Available Local
8Resources equal to the product of 1.75 times the Foundation
9Level. The allocation of general State aid for school districts
10subject to this paragraph 3 shall be the calculated general
11State aid per pupil figure multiplied by the Average Daily
12Attendance of the school district.
13    (4) For any school district for which Available Local
14Resources per pupil equals or exceeds the product of 1.75 times
15the Foundation Level, the general State aid for the school
16district shall be calculated as the product of $218 multiplied
17by the Average Daily Attendance of the school district.
18    (5) The amount of general State aid allocated to a school
19district for the 1999-2000 school year meeting the requirements
20set forth in paragraph (4) of subsection (G) shall be increased
21by an amount equal to the general State aid that would have
22been received by the district for the 1998-1999 school year by
23utilizing the Extension Limitation Equalized Assessed
24Valuation as calculated in paragraph (4) of subsection (G) less
25the general State aid allotted for the 1998-1999 school year.
26This amount shall be deemed a one time increase, and shall not

 

 

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

 

 

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1    year-round buildings shall be computed as provided in
2    subdivision (b) of this paragraph (1). To calculate the
3    Average Daily Attendance for the district, the average
4    daily attendance for the year-round buildings shall be
5    multiplied by the days in session for the non-year-round
6    buildings for each month and added to the monthly
7    attendance of the non-year-round buildings.
8    Except as otherwise provided in this Section, days of
9attendance by pupils shall be counted only for sessions of not
10less than 5 clock hours of school work per day under direct
11supervision of: (i) teachers, or (ii) non-teaching personnel or
12volunteer personnel when engaging in non-teaching duties and
13supervising in those instances specified in subsection (a) of
14Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
15of legal school age and in kindergarten and grades 1 through
1612. Days of attendance by pupils through verified participation
17in an e-learning program approved by the State Board of
18Education under Section 10-20.56 of the Code shall be
19considered as full days of attendance for purposes of this
20Section.
21    Days of attendance by tuition pupils shall be accredited
22only to the districts that pay the tuition to a recognized
23school.
24    (2) Days of attendance by pupils of less than 5 clock hours
25of school shall be subject to the following provisions in the
26compilation of Average Daily Attendance.

 

 

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1        (a) Pupils regularly enrolled in a public school for
2    only a part of the school day may be counted on the basis
3    of 1/6 day for every class hour of instruction of 40
4    minutes or more attended pursuant to such enrollment,
5    unless a pupil is enrolled in a block-schedule format of 80
6    minutes or more of instruction, in which case the pupil may
7    be counted on the basis of the proportion of minutes of
8    school work completed each day to the minimum number of
9    minutes that school work is required to be held that day.
10        (b) (Blank).
11        (c) A session of 4 or more clock hours may be counted
12    as a day of attendance upon certification by the regional
13    superintendent, and approved by the State Superintendent
14    of Education to the extent that the district has been
15    forced to use daily multiple sessions.
16        (d) A session of 3 or more clock hours may be counted
17    as a day of attendance (1) when the remainder of the school
18    day or at least 2 hours in the evening of that day is
19    utilized for an in-service training program for teachers,
20    up to a maximum of 5 days per school year, provided a
21    district conducts an in-service training program for
22    teachers in accordance with Section 10-22.39 of this Code;
23    or, in lieu of 4 such days, 2 full days may be used, in
24    which event each such day may be counted as a day required
25    for a legal school calendar pursuant to Section 10-19 of
26    this Code; (1.5) when, of the 5 days allowed under item

 

 

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1    (1), a maximum of 4 days are used for parent-teacher
2    conferences, or, in lieu of 4 such days, 2 full days are
3    used, in which case each such day may be counted as a
4    calendar day required under Section 10-19 of this Code,
5    provided that the full-day, parent-teacher conference
6    consists of (i) a minimum of 5 clock hours of
7    parent-teacher conferences, (ii) both a minimum of 2 clock
8    hours of parent-teacher conferences held in the evening
9    following a full day of student attendance, as specified in
10    subsection (F)(1)(c), and a minimum of 3 clock hours of
11    parent-teacher conferences held on the day immediately
12    following evening parent-teacher conferences, or (iii)
13    multiple parent-teacher conferences held in the evenings
14    following full days of student attendance, as specified in
15    subsection (F)(1)(c), in which the time used for the
16    parent-teacher conferences is equivalent to a minimum of 5
17    clock hours; and (2) when days in addition to those
18    provided in items (1) and (1.5) are scheduled by a school
19    pursuant to its school improvement plan adopted under
20    Article 34 or its revised or amended school improvement
21    plan adopted under Article 2, provided that (i) such
22    sessions of 3 or more clock hours are scheduled to occur at
23    regular intervals, (ii) the remainder of the school days in
24    which such sessions occur are utilized for in-service
25    training programs or other staff development activities
26    for teachers, and (iii) a sufficient number of minutes of

 

 

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

 

 

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

 

 

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1    176 days of actual pupil attendance required under Section
2    10-19 of this Code, provided that a sufficient number of
3    minutes of school work in excess of 5 clock hours are first
4    completed on other school days to compensate for the loss
5    of school work on the examination days.
6        (j) Pupils enrolled in a remote educational program
7    established under Section 10-29 of this Code may be counted
8    on the basis of one-fifth day of attendance for every clock
9    hour of instruction attended in the remote educational
10    program, provided that, in any month, the school district
11    may not claim for a student enrolled in a remote
12    educational program more days of attendance than the
13    maximum number of days of attendance the district can claim
14    (i) for students enrolled in a building holding year-round
15    classes if the student is classified as participating in
16    the remote educational program on a year-round schedule or
17    (ii) for students enrolled in a building not holding
18    year-round classes if the student is not classified as
19    participating in the remote educational program on a
20    year-round schedule.
 
21(G) Equalized Assessed Valuation Data.
22    (1) For purposes of the calculation of Available Local
23Resources required pursuant to subsection (D), the State Board
24of Education shall secure from the Department of Revenue the
25value as equalized or assessed by the Department of Revenue of

 

 

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1all taxable property of every school district, together with
2(i) the applicable tax rate used in extending taxes for the
3funds of the district as of September 30 of the previous year
4and (ii) the limiting rate for all school districts subject to
5property tax extension limitations as imposed under the
6Property Tax Extension Limitation Law.
7    The Department of Revenue shall add to the equalized
8assessed value of all taxable property of each school district
9situated entirely or partially within a county that is or was
10subject to the provisions of Section 15-176 or 15-177 of the
11Property Tax Code (a) an amount equal to the total amount by
12which the homestead exemption allowed under Section 15-176 or
1315-177 of the Property Tax Code for real property situated in
14that school district exceeds the total amount that would have
15been allowed in that school district if the maximum reduction
16under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
17all other counties in tax year 2003 or (ii) $5,000 in all
18counties in tax year 2004 and thereafter and (b) an amount
19equal to the aggregate amount for the taxable year of all
20additional exemptions under Section 15-175 of the Property Tax
21Code for owners with a household income of $30,000 or less. The
22county clerk of any county that is or was subject to the
23provisions of Section 15-176 or 15-177 of the Property Tax Code
24shall annually calculate and certify to the Department of
25Revenue for each school district all homestead exemption
26amounts under Section 15-176 or 15-177 of the Property Tax Code

 

 

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1and all amounts of additional exemptions under Section 15-175
2of the Property Tax Code for owners with a household income of
3$30,000 or less. It is the intent of this paragraph that if the
4general homestead exemption for a parcel of property is
5determined under Section 15-176 or 15-177 of the Property Tax
6Code rather than Section 15-175, then the calculation of
7Available Local Resources shall not be affected by the
8difference, if any, between the amount of the general homestead
9exemption allowed for that parcel of property under Section
1015-176 or 15-177 of the Property Tax Code and the amount that
11would have been allowed had the general homestead exemption for
12that parcel of property been determined under Section 15-175 of
13the Property Tax Code. It is further the intent of this
14paragraph that if additional exemptions are allowed under
15Section 15-175 of the Property Tax Code for owners with a
16household income of less than $30,000, then the calculation of
17Available Local Resources shall not be affected by the
18difference, if any, because of those additional exemptions.
19    This equalized assessed valuation, as adjusted further by
20the requirements of this subsection, shall be utilized in the
21calculation of Available Local Resources.
22    (2) The equalized assessed valuation in paragraph (1) shall
23be adjusted, as applicable, in the following manner:
24        (a) For the purposes of calculating State aid under
25    this Section, with respect to any part of a school district
26    within a redevelopment project area in respect to which a

 

 

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

 

 

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1    district maintaining grades kindergarten through 12, by
2    2.30% for a district maintaining grades kindergarten
3    through 8, or by 1.05% for a district maintaining grades 9
4    through 12 and adjusted by an amount computed by dividing
5    the amount of any abatement of taxes under subsection (a)
6    of Section 18-165 of the Property Tax Code by the same
7    percentage rates for district type as specified in this
8    subparagraph (b).
9    (3) For the 1999-2000 school year and each school year
10thereafter, if a school district meets all of the criteria of
11this subsection (G)(3), the school district's Available Local
12Resources shall be calculated under subsection (D) using the
13district's Extension Limitation Equalized Assessed Valuation
14as calculated under this subsection (G)(3).
15    For purposes of this subsection (G)(3) the following terms
16shall have the following meanings:
17        "Budget Year": The school year for which general State
18    aid is calculated and awarded under subsection (E).
19        "Base Tax Year": The property tax levy year used to
20    calculate the Budget Year allocation of general State aid.
21        "Preceding Tax Year": The property tax levy year
22    immediately preceding the Base Tax Year.
23        "Base Tax Year's Tax Extension": The product of the
24    equalized assessed valuation utilized by the County Clerk
25    in the Base Tax Year multiplied by the limiting rate as
26    calculated by the County Clerk and defined in the Property

 

 

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

 

 

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1Valuation last used in the calculation of general State aid and
2the district's Extension Limitation Ratio. If the Extension
3Limitation Equalized Assessed Valuation of a school district as
4calculated under this subsection (G)(3) is less than the
5district's equalized assessed valuation as calculated pursuant
6to subsections (G)(1) and (G)(2), then for purposes of
7calculating the district's general State aid for the Budget
8Year pursuant to subsection (E), that Extension Limitation
9Equalized Assessed Valuation shall be utilized to calculate the
10district's Available Local Resources under subsection (D). For
11the 2009-2010 school year and each school year thereafter, if a
12school district has approved or does approve an increase in its
13limiting rate, pursuant to Section 18-190 of the Property Tax
14Code, affecting the Base Tax Year, the Extension Limitation
15Equalized Assessed Valuation of the school district, as
16calculated by the State Board of Education, shall be equal to
17the product of the Equalized Assessed Valuation last used in
18the calculation of general State aid times an amount equal to
19one plus the percentage increase, if any, in the Consumer Price
20Index for all Urban Consumers for all items published by the
21United States Department of Labor for the 12-month calendar
22year preceding the Base Tax Year, plus the Equalized Assessed
23Valuation of new property, annexed property, and recovered tax
24increment value and minus the Equalized Assessed Valuation of
25disconnected property. New property and recovered tax
26increment value shall have the meanings set forth in the

 

 

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1Property Tax Extension Limitation Law.
2    Partial elementary unit districts created in accordance
3with Article 11E of this Code shall not be eligible for the
4adjustment in this subsection (G)(3) until the fifth year
5following the effective date of the reorganization.
6    (3.5) For the 2010-2011 school year and each school year
7thereafter, if a school district's boundaries span multiple
8counties, then the Department of Revenue shall send to the
9State Board of Education, for the purpose of calculating
10general State aid, the limiting rate and individual rates by
11purpose for the county that contains the majority of the school
12