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1 | | AN ACT concerning finance.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | ARTICLE 1. GENERAL PROVISIONS |
5 | | Section 1-1. Short title. This Act may be cited as the |
6 | | FY2018 Budget Implementation Act. |
7 | | Section 1-5. Purpose. It is the purpose of this Act to make |
8 | | changes in State programs that are necessary to implement the |
9 | | State budget. |
10 | | Section 1-10. Designation of reserves. |
11 | | (a) For the purposes of implementing the budget |
12 | | recommendations for fiscal year 2018 and balancing the State's |
13 | | budget in State fiscal year 2018 only, the Governor may |
14 | | designate, by written notice to the Comptroller, a reserve of |
15 | | not more than 5% from the amounts appropriated from funds held |
16 | | by the Treasurer for State fiscal year 2018 to any State |
17 | | agency. However, the Governor may not designate amounts to be |
18 | | set aside as a reserve from amounts that (i) have been |
19 | | appropriated for payment of debt service, (ii) have been |
20 | | appropriated under a statutory continuing appropriation, (iii) |
21 | | are State general funds, (iv) are in the Supplemental |
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1 | | Low-Income Energy Assistance Fund, or (v) are funds received |
2 | | from federal sources.
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3 | | (b) If the Governor designates amounts to be set aside as a |
4 | | reserve, the Governor shall give notice of the designation to |
5 | | the Auditor General, the State Treasurer, the State |
6 | | Comptroller, the Senate, and the House of Representatives. |
7 | | (c) As used in this Section: |
8 | | "State agency" means all boards, commissions, agencies, |
9 | | institutions, authorities, colleges, universities, and bodies |
10 | | politic and corporate of the State, but not any other |
11 | | constitutional officers, the legislative or judicial branch, |
12 | | the office of the Executive Inspector General, or the Executive |
13 | | Ethics Commission. |
14 | | "State general funds" has the meaning provided in Section |
15 | | 50-40 of the State Budget Law.
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16 | | ARTICLE 5. AMENDATORY PROVISIONS |
17 | | Section 5-2. The Illinois Administrative Procedure Act is |
18 | | amended 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 |
22 | | any agency
finds reasonably constitutes a threat to the public |
23 | | interest, safety, or
welfare. |
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1 | | (b) If any agency finds that an
emergency exists that |
2 | | requires adoption of a rule upon fewer days than
is required by |
3 | | Section 5-40 and states in writing its reasons for that
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4 | | finding, the agency may adopt an emergency rule without prior |
5 | | notice or
hearing upon filing a notice of emergency rulemaking |
6 | | with the Secretary of
State under Section 5-70. The notice |
7 | | shall include the text of the
emergency rule and shall be |
8 | | published in the Illinois Register. Consent
orders or other |
9 | | court orders adopting settlements negotiated by an agency
may |
10 | | be adopted under this Section. Subject to applicable |
11 | | constitutional or
statutory provisions, an emergency rule |
12 | | becomes effective immediately upon
filing under Section 5-65 or |
13 | | at a stated date less than 10 days
thereafter. The agency's |
14 | | finding and a statement of the specific reasons
for the finding |
15 | | shall be filed with the rule. The agency shall take
reasonable |
16 | | and appropriate measures to make emergency rules known to the
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17 | | persons who may be affected by them. |
18 | | (c) An emergency rule may be effective for a period of not |
19 | | longer than
150 days, but the agency's authority to adopt an |
20 | | identical rule under Section
5-40 is not precluded. No |
21 | | emergency rule may be adopted more
than once in any 24-month |
22 | | period, except that this limitation on the number
of emergency |
23 | | rules that may be adopted in a 24-month period does not apply
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24 | | to (i) emergency rules that make additions to and deletions |
25 | | from the Drug
Manual under Section 5-5.16 of the Illinois |
26 | | Public Aid Code or the
generic drug formulary under Section |
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1 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
2 | | emergency rules adopted by the Pollution Control
Board before |
3 | | July 1, 1997 to implement portions of the Livestock Management
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4 | | Facilities Act, (iii) emergency rules adopted by the Illinois |
5 | | Department of Public Health under subsections (a) through (i) |
6 | | of Section 2 of the Department of Public Health Act when |
7 | | necessary to protect the public's health, (iv) emergency rules |
8 | | adopted pursuant to subsection (n) of this Section, (v) |
9 | | emergency rules adopted pursuant to subsection (o) of this |
10 | | Section, or (vi) emergency rules adopted pursuant to subsection |
11 | | (c-5) of this Section. Two or more emergency rules having |
12 | | substantially the same
purpose and effect shall be deemed to be |
13 | | a single rule for purposes of this
Section. |
14 | | (c-5) To facilitate the maintenance of the program of group |
15 | | health benefits provided to annuitants, survivors, and retired |
16 | | employees under the State Employees Group Insurance Act of |
17 | | 1971, rules to alter the contributions to be paid by the State, |
18 | | annuitants, survivors, retired employees, or any combination |
19 | | of those entities, for that program of group health benefits, |
20 | | shall be adopted as emergency rules. The adoption of those |
21 | | rules shall be considered an emergency and necessary for the |
22 | | public interest, safety, and welfare. |
23 | | (d) In order to provide for the expeditious and timely |
24 | | implementation
of the State's fiscal year 1999 budget, |
25 | | emergency rules to implement any
provision of Public Act 90-587 |
26 | | or 90-588
or any other budget initiative for fiscal year 1999 |
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1 | | may be adopted in
accordance with this Section by the agency |
2 | | charged with administering that
provision or initiative, |
3 | | except that the 24-month limitation on the adoption
of |
4 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
5 | | do not apply
to rules adopted under this subsection (d). The |
6 | | adoption of emergency rules
authorized by this subsection (d) |
7 | | shall be deemed to be necessary for the
public interest, |
8 | | safety, and welfare. |
9 | | (e) In order to provide for the expeditious and timely |
10 | | implementation
of the State's fiscal year 2000 budget, |
11 | | emergency rules to implement any
provision of Public Act 91-24
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12 | | or any other budget initiative for fiscal year 2000 may be |
13 | | adopted in
accordance with this Section by the agency charged |
14 | | with administering that
provision or initiative, except that |
15 | | the 24-month limitation on the adoption
of emergency rules and |
16 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
17 | | rules adopted under this subsection (e). The adoption of |
18 | | emergency rules
authorized by this subsection (e) shall be |
19 | | deemed to be necessary for the
public interest, safety, and |
20 | | welfare. |
21 | | (f) In order to provide for the expeditious and timely |
22 | | implementation
of the State's fiscal year 2001 budget, |
23 | | emergency rules to implement any
provision of Public Act 91-712
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24 | | or any other budget initiative for fiscal year 2001 may be |
25 | | adopted in
accordance with this Section by the agency charged |
26 | | with administering that
provision or initiative, except that |
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1 | | the 24-month limitation on the adoption
of emergency rules and |
2 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
3 | | rules adopted under this subsection (f). The adoption of |
4 | | emergency rules
authorized by this subsection (f) shall be |
5 | | deemed to be necessary for the
public interest, safety, and |
6 | | welfare. |
7 | | (g) In order to provide for the expeditious and timely |
8 | | implementation
of the State's fiscal year 2002 budget, |
9 | | emergency rules to implement any
provision of Public Act 92-10
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10 | | or any other budget initiative for fiscal year 2002 may be |
11 | | adopted in
accordance with this Section by the agency charged |
12 | | with administering that
provision or initiative, except that |
13 | | the 24-month limitation on the adoption
of emergency rules and |
14 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
15 | | rules adopted under this subsection (g). The adoption of |
16 | | emergency rules
authorized by this subsection (g) shall be |
17 | | deemed to be necessary for the
public interest, safety, and |
18 | | welfare. |
19 | | (h) In order to provide for the expeditious and timely |
20 | | implementation
of the State's fiscal year 2003 budget, |
21 | | emergency rules to implement any
provision of Public Act 92-597
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22 | | or any other budget initiative for fiscal year 2003 may be |
23 | | adopted in
accordance with this Section by the agency charged |
24 | | with administering that
provision or initiative, except that |
25 | | the 24-month limitation on the adoption
of emergency rules and |
26 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
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1 | | rules adopted under this subsection (h). The adoption of |
2 | | emergency rules
authorized by this subsection (h) shall be |
3 | | deemed to be necessary for the
public interest, safety, and |
4 | | welfare. |
5 | | (i) In order to provide for the expeditious and timely |
6 | | implementation
of the State's fiscal year 2004 budget, |
7 | | emergency rules to implement any
provision of Public Act 93-20
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8 | | or any other budget initiative for fiscal year 2004 may be |
9 | | adopted in
accordance with this Section by the agency charged |
10 | | with administering that
provision or initiative, except that |
11 | | the 24-month limitation on the adoption
of emergency rules and |
12 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
13 | | rules adopted under this subsection (i). The adoption of |
14 | | emergency rules
authorized by this subsection (i) shall be |
15 | | deemed to be necessary for the
public interest, safety, and |
16 | | welfare. |
17 | | (j) In order to provide for the expeditious and timely |
18 | | implementation of the provisions of the State's fiscal year |
19 | | 2005 budget as provided under the Fiscal Year 2005 Budget |
20 | | Implementation (Human Services) Act, emergency rules to |
21 | | implement any provision of the Fiscal Year 2005 Budget |
22 | | Implementation (Human Services) Act may be adopted in |
23 | | accordance with this Section by the agency charged with |
24 | | administering that provision, except that the 24-month |
25 | | limitation on the adoption of emergency rules and the |
26 | | provisions of Sections 5-115 and 5-125 do not apply to rules |
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1 | | adopted under this subsection (j). The Department of Public Aid |
2 | | may also adopt rules under this subsection (j) necessary to |
3 | | administer the Illinois Public Aid Code and the Children's |
4 | | Health Insurance Program Act. The adoption of emergency rules |
5 | | authorized by this subsection (j) shall be deemed to be |
6 | | necessary for the public interest, safety, and welfare.
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7 | | (k) In order to provide for the expeditious and timely |
8 | | implementation of the provisions of the State's fiscal year |
9 | | 2006 budget, emergency rules to implement any provision of |
10 | | Public Act 94-48 or any other budget initiative for fiscal year |
11 | | 2006 may be adopted in accordance with this Section by the |
12 | | agency charged with administering that provision or |
13 | | initiative, except that the 24-month limitation on the adoption |
14 | | of emergency rules and the provisions of Sections 5-115 and |
15 | | 5-125 do not apply to rules adopted under this subsection (k). |
16 | | The Department of Healthcare and Family Services may also adopt |
17 | | rules under this subsection (k) necessary to administer the |
18 | | Illinois Public Aid Code, the Senior Citizens and Persons with |
19 | | Disabilities Property Tax Relief Act, the Senior Citizens and |
20 | | Disabled Persons Prescription Drug Discount Program Act (now |
21 | | the Illinois Prescription Drug Discount Program Act), and the |
22 | | Children's Health Insurance Program Act. The adoption of |
23 | | emergency rules authorized by this subsection (k) shall be |
24 | | deemed to be necessary for the public interest, safety, and |
25 | | welfare.
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26 | | (l) In order to provide for the expeditious and timely |
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1 | | implementation of the provisions of the
State's fiscal year |
2 | | 2007 budget, the Department of Healthcare and Family Services |
3 | | may adopt emergency rules during fiscal year 2007, including |
4 | | rules effective July 1, 2007, in
accordance with this |
5 | | subsection to the extent necessary to administer the |
6 | | Department's responsibilities with respect to amendments to |
7 | | the State plans and Illinois waivers approved by the federal |
8 | | Centers for Medicare and Medicaid Services necessitated by the |
9 | | requirements of Title XIX and Title XXI of the federal Social |
10 | | Security Act. The adoption of emergency rules
authorized by |
11 | | this subsection (l) shall be deemed to be necessary for the |
12 | | public interest,
safety, and welfare.
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13 | | (m) In order to provide for the expeditious and timely |
14 | | implementation of the provisions of the
State's fiscal year |
15 | | 2008 budget, the Department of Healthcare and Family Services |
16 | | may adopt emergency rules during fiscal year 2008, including |
17 | | rules effective July 1, 2008, in
accordance with this |
18 | | subsection to the extent necessary to administer the |
19 | | Department's responsibilities with respect to amendments to |
20 | | the State plans and Illinois waivers approved by the federal |
21 | | Centers for Medicare and Medicaid Services necessitated by the |
22 | | requirements of Title XIX and Title XXI of the federal Social |
23 | | Security Act. The adoption of emergency rules
authorized by |
24 | | this subsection (m) shall be deemed to be necessary for the |
25 | | public interest,
safety, and welfare.
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26 | | (n) In order to provide for the expeditious and timely |
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1 | | implementation of the provisions of the State's fiscal year |
2 | | 2010 budget, emergency rules to implement any provision of |
3 | | Public Act 96-45 or any other budget initiative authorized by |
4 | | the 96th General Assembly for fiscal year 2010 may be adopted |
5 | | in accordance with this Section by the agency charged with |
6 | | administering that provision or initiative. The adoption of |
7 | | emergency rules authorized by this subsection (n) shall be |
8 | | deemed to be necessary for the public interest, safety, and |
9 | | welfare. The rulemaking authority granted in this subsection |
10 | | (n) shall apply only to rules promulgated during Fiscal Year |
11 | | 2010. |
12 | | (o) In order to provide for the expeditious and timely |
13 | | implementation of the provisions of the State's fiscal year |
14 | | 2011 budget, emergency rules to implement any provision of |
15 | | Public Act 96-958 or any other budget initiative authorized by |
16 | | the 96th General Assembly for fiscal year 2011 may be adopted |
17 | | in accordance with this Section by the agency charged with |
18 | | administering that provision or initiative. The adoption of |
19 | | emergency rules authorized by this subsection (o) is deemed to |
20 | | be necessary for the public interest, safety, and welfare. The |
21 | | rulemaking authority granted in this subsection (o) applies |
22 | | only to rules promulgated on or after July 1, 2010 (the |
23 | | effective date of Public Act 96-958) through June 30, 2011. |
24 | | (p) In order to provide for the expeditious and timely |
25 | | implementation of the provisions of Public Act 97-689, |
26 | | emergency rules to implement any provision of Public Act 97-689 |
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1 | | may be adopted in accordance with this subsection (p) by the |
2 | | agency charged with administering that provision or |
3 | | initiative. The 150-day limitation of the effective period of |
4 | | emergency rules does not apply to rules adopted under this |
5 | | subsection (p), and the effective period may continue through |
6 | | June 30, 2013. The 24-month limitation on the adoption of |
7 | | emergency rules does not apply to rules adopted under this |
8 | | subsection (p). The adoption of emergency rules authorized by |
9 | | this subsection (p) is deemed to be necessary for the public |
10 | | interest, safety, and welfare. |
11 | | (q) In order to provide for the expeditious and timely |
12 | | implementation of the provisions of Articles 7, 8, 9, 11, and |
13 | | 12 of Public Act 98-104, emergency rules to implement any |
14 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 |
15 | | may be adopted in accordance with this subsection (q) by the |
16 | | agency charged with administering that provision or |
17 | | initiative. The 24-month limitation on the adoption of |
18 | | emergency rules does not apply to rules adopted under this |
19 | | subsection (q). The adoption of emergency rules authorized by |
20 | | this subsection (q) is deemed to be necessary for the public |
21 | | interest, safety, and welfare. |
22 | | (r) In order to provide for the expeditious and timely |
23 | | implementation of the provisions of Public Act 98-651, |
24 | | emergency rules to implement Public Act 98-651 may be adopted |
25 | | in accordance with this subsection (r) by the Department of |
26 | | Healthcare and Family Services. The 24-month limitation on the |
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1 | | adoption of emergency rules does not apply to rules adopted |
2 | | under this subsection (r). The adoption of emergency rules |
3 | | authorized by this subsection (r) is deemed to be necessary for |
4 | | the public interest, safety, and welfare. |
5 | | (s) In order to provide for the expeditious and timely |
6 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of |
7 | | the Illinois Public Aid Code, emergency rules to implement any |
8 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois |
9 | | Public Aid Code may be adopted in accordance with this |
10 | | subsection (s) by the Department of Healthcare and Family |
11 | | Services. The rulemaking authority granted in this subsection |
12 | | (s) shall apply only to those rules adopted prior to July 1, |
13 | | 2015. Notwithstanding any other provision of this Section, any |
14 | | emergency rule adopted under this subsection (s) shall only |
15 | | apply to payments made for State fiscal year 2015. The adoption |
16 | | of emergency rules authorized by this subsection (s) is deemed |
17 | | to be necessary for the public interest, safety, and welfare. |
18 | | (t) In order to provide for the expeditious and timely |
19 | | implementation of the provisions of Article II of Public Act |
20 | | 99-6, emergency rules to implement the changes made by Article |
21 | | II of Public Act 99-6 to the Emergency Telephone System Act may |
22 | | be adopted in accordance with this subsection (t) by the |
23 | | Department of State Police. The rulemaking authority granted in |
24 | | this subsection (t) shall apply only to those rules adopted |
25 | | prior to July 1, 2016. The 24-month limitation on the adoption |
26 | | of emergency rules does not apply to rules adopted under this |
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1 | | subsection (t). The adoption of emergency rules authorized by |
2 | | this subsection (t) is deemed to be necessary for the public |
3 | | interest, safety, and welfare. |
4 | | (u) In order to provide for the expeditious and timely |
5 | | implementation of the provisions of the Burn Victims Relief |
6 | | Act, emergency rules to implement any provision of the Act may |
7 | | be adopted in accordance with this subsection (u) by the |
8 | | Department of Insurance. The rulemaking authority granted in |
9 | | this subsection (u) shall apply only to those rules adopted |
10 | | prior to December 31, 2015. The adoption of emergency rules |
11 | | authorized by this subsection (u) is deemed to be necessary for |
12 | | the public interest, safety, and welfare. |
13 | | (v) In order to provide for the expeditious and timely |
14 | | implementation of the provisions of Public Act 99-516, |
15 | | emergency rules to implement Public Act 99-516 may be adopted |
16 | | in accordance with this subsection (v) by the Department of |
17 | | Healthcare and Family Services. The 24-month limitation on the |
18 | | adoption of emergency rules does not apply to rules adopted |
19 | | under this subsection (v). The adoption of emergency rules |
20 | | authorized by this subsection (v) is deemed to be necessary for |
21 | | the public interest, safety, and welfare. |
22 | | (w) In order to provide for the expeditious and timely |
23 | | implementation of the provisions of Public Act 99-796, |
24 | | emergency rules to implement the changes made by Public Act |
25 | | 99-796 may be adopted in accordance with this subsection (w) by |
26 | | the Adjutant General. The adoption of emergency rules |
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1 | | authorized by this subsection (w) is deemed to be necessary for |
2 | | the public interest, safety, and welfare. |
3 | | (x) In order to provide for the expeditious and timely |
4 | | implementation of the provisions of Public Act 99-906 this |
5 | | amendatory Act of the 99th General Assembly , emergency rules to |
6 | | implement subsection (i) of Section 16-115D, subsection (g) of |
7 | | Section 16-128A, and subsection (a) of Section 16-128B of the |
8 | | Public Utilities Act may be adopted in accordance with this |
9 | | subsection (x) by the Illinois Commerce Commission. The |
10 | | rulemaking authority granted in this subsection (x) shall apply |
11 | | only to those rules adopted within 180 days after June 1, 2017 |
12 | | ( the effective date of Public Act 99-906) this amendatory Act |
13 | | of the 99th General Assembly . The adoption of emergency rules |
14 | | authorized by this subsection (x) is deemed to be necessary for |
15 | | the public interest, safety, and welfare. |
16 | | (y) In order to provide for the expeditious and timely |
17 | | implementation of the provisions of this amendatory Act of the |
18 | | 100th General Assembly, emergency rules to implement the |
19 | | changes made by this amendatory Act of the 100th General |
20 | | Assembly to Section 4.02 of the Illinois Act on Aging, Sections |
21 | | 5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30 |
22 | | of the Alcoholism and Other Drug Abuse and Dependency Act, and |
23 | | Sections 74 and 75 of the Mental Health and Developmental |
24 | | Disabilities Administrative Act may be adopted in accordance |
25 | | with this subsection (y) by the respective Department. The |
26 | | adoption of emergency rules authorized by this subsection (y) |
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1 | | is deemed to be necessary for the public interest, safety, and |
2 | | welfare. |
3 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; |
4 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; |
5 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. |
6 | | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, |
7 | | eff. 6-1-17; revised 1-1-17.) |
8 | | Section 5-3. The State Budget Law of the Civil |
9 | | Administrative Code of Illinois is amended by adding Section |
10 | | 50-40 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 |
14 | | Common School Fund, the General Revenue Common School Special |
15 | | Account Fund, the Education Assistance Fund, the Fund for the |
16 | | Advancement of Education, the Commitment to Human Services |
17 | | Fund, and the Budget Stabilization Fund. |
18 | | Section 5-5. The Mental Health and Developmental |
19 | | Disabilities Administrative Act is amended by adding Section 74 |
20 | | as follows: |
21 | | (20 ILCS 1705/74 new) |
22 | | Sec. 74. Rates and reimbursements. Within 30 days after the |
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1 | | effective date of this amendatory Act of the 100th General |
2 | | Assembly, the Department shall increase rates and |
3 | | reimbursements to fund a minimum of a $0.75 per hour wage |
4 | | increase for front-line personnel, including, but not limited |
5 | | to, direct support persons, aides, front-line supervisors, |
6 | | qualified intellectual disabilities professionals, nurses, and |
7 | | non-administrative support staff working in community-based |
8 | | provider organizations serving individuals with developmental |
9 | | disabilities. The Department shall adopt rules, including |
10 | | emergency rules under subsection (y) of Section 5-45 of the |
11 | | Illinois Administrative Procedure Act, to implement the |
12 | | provisions of this Section. |
13 | | Section 5-8. Purpose. |
14 | | (a) The General Assembly finds and declares that:
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15 | | (1) Sections 5.857 and 6z-100 of the State Finance Act |
16 | | contained internal repealer dates of July 1, 2017.
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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.
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24 | | (3) This Section and Section 5-9 are not intended to
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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 |
7 | | and 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. |
10 | | This Section is repealed July 1, 2018 2017 .
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11 | | (Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15; |
12 | | 99-523, eff. 6-30-16.) |
13 | | (30 ILCS 105/6z-100) |
14 | | Sec. 6z-100. Capital Development Board Revolving Fund; |
15 | | payments into and use. All monies received by the Capital |
16 | | Development Board for publications or copies issued by the |
17 | | Board, and all monies received for contract administration |
18 | | fees, charges, or reimbursements owing to the Board shall be |
19 | | deposited into a special fund known as the Capital Development |
20 | | Board Revolving Fund, which is hereby created in the State |
21 | | treasury. The monies in this Fund shall be used by the Capital |
22 | | Development Board, as appropriated, for expenditures for |
23 | | personal services, retirement, social security, contractual |
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| | SB0042 Enrolled | - 18 - | LRB100 04925 MLM 14935 b |
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1 | | services, legal services, travel, commodities, printing, |
2 | | equipment, electronic data processing, or telecommunications. |
3 | | Unexpended moneys in the Fund shall not be transferred or |
4 | | allocated by the Comptroller or Treasurer to any other fund, |
5 | | nor shall the Governor authorize the transfer or allocation of |
6 | | those moneys to any other fund. This Section is repealed July |
7 | | 1, 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 |
10 | | Sections 6t, 6z-27, 6z-30, 6z-32, 6z-45, 6z-52, 8.3, 8.25e, 8g, |
11 | | 8g-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 |
14 | | Fund is
created and there shall be paid into the Capital |
15 | | Development Board
Contributory Trust Fund the monies |
16 | | contributed by and received from
Public Community College |
17 | | Districts, Elementary, Secondary, and Unit
School Districts, |
18 | | and Vocational Education Facilities, provided,
however, no |
19 | | monies shall be required from a participating Public
Community |
20 | | College District, Elementary, Secondary, or Unit School
|
21 | | District, or Vocational Education Facility more than 30 days |
22 | | prior to
anticipated need under the particular contract for the |
23 | | Public Community
College District, Elementary, Secondary, or |
24 | | Unit School District, or
Vocational Education Facility. No |
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| | SB0042 Enrolled | - 19 - | LRB100 04925 MLM 14935 b |
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|
1 | | monies in any fund in the State
Treasury, nor any funds under |
2 | | the control or beneficial control of any
state agency, |
3 | | university, college, department, commission, board or any
|
4 | | other unit of state government shall be deposited, paid into, |
5 | | or by any
other means caused to be placed into the Capital |
6 | | Development Board
Contributory Trust Fund, except for federal |
7 | | funds, bid bond forfeitures,
and insurance proceeds as provided |
8 | | for below.
|
9 | | There shall be paid into the Capital Development Board |
10 | | Contributory Trust
Fund all federal funds to be utilized for |
11 | | the construction of capital projects
under the jurisdiction of |
12 | | the Capital Development Board, and all proceeds
resulting from |
13 | | such federal funds. All such funds shall be remitted to
the |
14 | | Capital Development Board within 10 working days of their |
15 | | receipt by
the receiving authority.
|
16 | | There shall also be paid into this Fund all monies |
17 | | designated as gifts,
donations or charitable contributions |
18 | | which may be contributed by an
individual or entity, whether |
19 | | public or private, for a specific capital
improvement project.
|
20 | | There shall also be paid into this Fund all proceeds from |
21 | | bid bond
forfeitures in connection with any project formally |
22 | | bid and awarded by the
Capital Development Board.
|
23 | | There shall also be paid into this Fund all builders risk |
24 | | insurance policy
proceeds and all other funds recovered from |
25 | | contractors, sureties,
architects, material suppliers or other |
26 | | persons contracting with the
Capital Development Board for |
|
| | SB0042 Enrolled | - 20 - | LRB100 04925 MLM 14935 b |
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|
1 | | capital improvement projects which are
received by way of |
2 | | reimbursement for losses resulting from destruction
of or |
3 | | damage to capital improvement projects while under |
4 | | construction by
the Capital Development Board or received by |
5 | | way of settlement agreement or
court order.
|
6 | | The monies in the Capital Development Board Contributory |
7 | | Trust Fund shall
be expended only for actual contracts let, and |
8 | | then only for the specific
project for which funds were |
9 | | received in accordance with the judgment of
the Capital |
10 | | Development Board, compatible with the duties and obligations
|
11 | | of the Capital Development Board in furtherance of the specific |
12 | | capital
improvement for which such funds were received. |
13 | | Contributions, insured-loss
reimbursements or other funds |
14 | | received as damages through settlement or
judgement for damage, |
15 | | destruction or loss of capital improvement projects
shall be |
16 | | expended for the repair of such projects; or if the projects |
17 | | have
been or are being repaired before receipt of the funds, |
18 | | the funds may be used
to repair other such capital improvement |
19 | | projects. Any funds not expended
for a project within 36 months |
20 | | after the date received
shall be paid into the General |
21 | | Obligation
Bond
Retirement and Interest Fund.
|
22 | | Contributions or insured-loss reimbursements not expended |
23 | | in furtherance
of the project for which they were received |
24 | | within 36 months of the date
received, shall be returned to the |
25 | | contributing party. Proceeds from builders
risk insurance |
26 | | shall be expended only for the amelioration of damage arising
|
|
| | SB0042 Enrolled | - 21 - | LRB100 04925 MLM 14935 b |
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|
1 | | from the incident for which the proceeds were paid to the State |
2 | | or the
Capital Development Board Contributory Trust Fund. Any |
3 | | residual amounts remaining
after the completion of such |
4 | | repairs, renovation, reconstruction or
other work necessary to |
5 | | restore the capital improvement project to
acceptable |
6 | | condition shall be returned to the proper fund or entity |
7 | | financing
or contributing towards the cost of the capital |
8 | | improvement project. Such
returns shall be made in amounts |
9 | | proportionate to the contributions made
in furtherance of the |
10 | | project.
|
11 | | Any monies received as a gift, donation or charitable |
12 | | contribution for
a specific capital improvement which have not |
13 | | been expended in furtherance
of that project shall be returned |
14 | | to the contributing party after
completion of the project or if |
15 | | the legislature fails to authorize the
capital improvement.
|
16 | | The unused portion of any federal funds received for a |
17 | | capital improvement
project which are not contributed, upon its |
18 | | completion, towards the cost
of the project, shall remain in |
19 | | the Capital Development Board Contributory Trust Fund and shall |
20 | | be used for capital projects and for no other purpose, subject |
21 | | to appropriation and as directed by the Capital Development |
22 | | Board.
|
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 |
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|
1 | | transferred, appropriated and used only for the purposes |
2 | | authorized by, and
subject to the limitations and conditions |
3 | | prescribed by, the State Auditing
Act. |
4 | | Within 30 days after the effective date of this amendatory |
5 | | Act of the 100th General Assembly,
the State Comptroller shall |
6 | | order transferred and the State Treasurer shall transfer from |
7 | | the
following funds moneys in the specified amounts for deposit |
8 | | into the Audit Expense Fund: |
9 | | Agricultural Premium Fund .............................182,124 |
10 | | Assisted Living and Shared Housing Regulatory Fund ......1,631 |
11 | | Capital Development Board Revolving Fund ................8,023 |
12 | | Care Provider Fund for Persons with a |
13 | | Developmental Disability ...........................17,737 |
14 | | Carolyn Adams Ticket for the Cure Grant Fund ............1,080 |
15 | | CDLIS/AAMVAnet/NMVTIS Trust Fund ........................2,234 |
16 | | Chicago State University Education Improvement Fund .....5,437 |
17 | | Child Support Administrative Fund .......................5,110 |
18 | | Common School Fund ....................................312,638 |
19 | | Communications Revolving Fund ..........................40,492 |
20 | | Community Mental Health Medicaid Trust Fund ............30,952 |
21 | | Death Certificate Surcharge Fund ........................2,243 |
22 | | Death Penalty Abolition Fund ............................8,367 |
23 | | Department of Business Services Special Operations Fund .11,982 |
24 | | Department of Human Services Community Services Fund ....4,340 |
25 | | Downstate Public Transportation Fund ....................6,600 |
26 | | Driver Services Administration Fund .....................2,644 |
|
| | SB0042 Enrolled | - 23 - | LRB100 04925 MLM 14935 b |
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|
1 | | Drivers Education Fund ....................................517 |
2 | | Drug Rebate Fund .......................................17,541 |
3 | | Drug Treatment Fund .....................................2,133 |
4 | | Drunk & Drugged Driving Prevention Fund ...................874 |
5 | | Education Assistance Fund .............................894,514 |
6 | | Electronic Health Record Incentive Fund .................1,155 |
7 | | Emergency Public Health Fund ............................9,025 |
8 | | EMS Assistance Fund .....................................3,705 |
9 | | Estate Tax Refund Fund ..................................2,088 |
10 | | Facilities Management Revolving Fund ...................92,392 |
11 | | Facility Licensing Fund .................................3,189 |
12 | | Fair & Exposition Fund .................................13,059 |
13 | | Federal High Speed Rail Trust Fund ......................9,168 |
14 | | Feed Control Fund ......................................14,955 |
15 | | Fertilizer Control Fund .................................9,404 |
16 | | Fire Prevention Fund ....................................4,146 |
17 | | Food and Drug Safety Fund ...............................1,101 |
18 | | Fund for the Advancement of Education ..................12,463 |
19 | | General Revenue Fund ...............................17,653,153 |
20 | | Grade Crossing Protection Fund ............................965 |
21 | | Hazardous Waste Research Fund .............................543 |
22 | | Health Facility Plan Review Fund ........................3,704 |
23 | | Health and Human Services Medicaid Trust Fund ..........16,996 |
24 | | Healthcare Provider Relief Fund .......................147,619 |
25 | | Home Care Services Agency Licensure Fund ................3,285 |
26 | | Hospital Provider Fund .................................76,973 |
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| | SB0042 Enrolled | - 24 - | LRB100 04925 MLM 14935 b |
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|
1 | | ICJIA Violence Prevention Fund ..........................8,062 |
2 | | Illinois Affordable Housing Trust Fund ..................6,878 |
3 | | Illinois Department of Agriculture Laboratory |
4 | | Services Revolving
Fund .............7,887 |
5 | | Illinois Health Facilities Planning Fund ................4,816 |
6 | | IMSA Income Fund ........................................6,876 |
7 | | Illinois School Asbestos Abatement Fund .................2,058 |
8 | | Illinois Standardbred Breeders Fund .....................1,381 |
9 | | Illinois State Fair Fund ...............................94,229 |
10 | | Illinois Thoroughbred Breeders Fund .....................3,974 |
11 | | Illinois Veterans' Rehabilitation Fund ..................1,308 |
12 | | Illinois Workers Compensation |
13 | | Commission Operations Fund ........................183,518 |
14 | | Income Tax Refund Fund .................................36,095 |
15 | | Lead Poisoning Screening, Prevention, |
16 | | and Abatement Fund ..................................3,311 |
17 | | Live and Learn Fund ....................................22,956 |
18 | | Livestock Management Facilities Fund ......................683 |
19 | | Lobbyist Registration Administration Fund ...............1,057 |
20 | | Local Government Distributive Fund .....................26,025 |
21 | | Long Term Care |
22 | | Monitor/Receiver Fund ..............................63,014 |
23 | | Long Term Care Provider Fund ...........................15,082 |
24 | | Mandatory Arbitration Fund ..............................2,484 |
25 | | Medical Interagency Program Fund ........................1,343 |
26 | | Mental Health Fund ......................................9,176 |
|
| | SB0042 Enrolled | - 25 - | LRB100 04925 MLM 14935 b |
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|
1 | | Metabolic Screening and Treatment Fund .................41,241 |
2 | | Monitoring Device Driving Permit |
3 | | Administration Fee Fund .............................1,403 |
4 | | Motor Fuel Tax Fund ....................................23,607 |
5 | | Motor Vehicle License Plate Fund .......................15,200 |
6 | | Motor Vehicle Theft |
7 | | Prevention Trust Fund ...............................4,803 |
8 | | Multiple Sclerosis Research Fund ........................5,380 |
9 | | Nursing Dedicated and Professional Fund .................1,613 |
10 | | Partners for Conservation Fund ..........................8,620 |
11 | | Personal Property Tax Replacement Fund .................23,828 |
12 | | Pesticide Control Fund .................................83,517 |
13 | | Pet Population Control Fund ...............................526 |
14 | | Plumbing Licensure and Program Fund .....................5,148 |
15 | | Professional Services Fund ..............................6,487 |
16 | | Public Health Laboratory |
17 | | Services Revolving Fund ............................11,242 |
18 | | Public Transportation Fund .............................16,112 |
19 | | Road Fund .............................................746,799 |
20 | | Regional Transportation Authority Occupation |
21 | | and Use Tax
Replacement Fund ...............563 |
22 | | School Infrastructure Fund .............................17,532 |
23 | | Secretary of State DUI Administration Fund ..............2,336 |
24 | | Secretary of State Identification Security |
25 | | and Theft Prevention Fund ..........................11,609 |
26 | | Secretary of State Special License Plate Fund ..........4,561 |
|
| | SB0042 Enrolled | - 26 - | LRB100 04925 MLM 14935 b |
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|
1 | | Secretary of State Special Services Fund ...............24,693 |
2 | | Securities Audit and Enforcement Fund ...................9,137 |
3 | | Special Education Medicaid Matching Fund ................5,019 |
4 | | State and Local Sales Tax Reform Fund ...................1,380 |
5 | | State Construction Account Fund ........................27,323 |
6 | | State Gaming Fund ......................................79,018 |
7 | | State Garage Revolving Fund ............................15,516 |
8 | | State Lottery Fund ....................................348,448 |
9 | | State Pensions Fund ...................................500,000 |
10 | | State Surplus Property Revolving Fund ...................2,025 |
11 | | State Treasurer's Bank Services Trust Fund ................551 |
12 | | Statistical Services Revolving Fund ....................63,131 |
13 | | Supreme Court Historic Preservation Fund ...............33,226 |
14 | | Tattoo and Body Piercing |
15 | | Establishment Registration Fund .......................812 |
16 | | Tobacco Settlement Recovery Fund .......................23,084 |
17 | | Trauma Center Fund .....................................12,572 |
18 | | University of Illinois Hospital Services Fund ...........4,260 |
19 | | Vehicle Inspection Fund .................................3,266 |
20 | | Weights and Measures Fund ..............................72,488 |
21 | | Within 30 days after the effective date of this amendatory |
22 | | Act of the 99th General Assembly,
the State Comptroller shall |
23 | | order transferred and the State Treasurer shall transfer from |
24 | | the
following funds moneys in the specified amounts for deposit |
25 | | into the Audit Expense Fund: |
26 | | Agricultural Premium Fund ..............................19,395 |
|
| | SB0042 Enrolled | - 27 - | LRB100 04925 MLM 14935 b |
|
|
1 | | Anna Veterans Home Fund ................................12,842 |
2 | | Appraisal Administration Fund ...........................3,740 |
3 | | Athletics Supervision and Regulation Fund .................599 |
4 | | Attorney General Court Ordered and Voluntary |
5 | | Compliance Payment Projects Fund ...................16,998 |
6 | | Attorney General Whistleblower Reward and |
7 | | Protection Fund ....................................12,417 |
8 | | Bank and Trust Company Fund ............................91,273 |
9 | | Capital Development Board Revolving Fund ................2,655 |
10 | | Care Provider Fund for Persons with a |
11 | | Developmental Disability ............................4,576 |
12 | | Cemetery Oversight Licensing and Disciplinary Fund ......5,060 |
13 | | Chicago State University Education Improvement Fund .....4,717 |
14 | | Child Support Administrative Fund .......................2,833 |
15 | | Coal Technology Development Assistance Fund .............7,891 |
16 | | Commitment to Human Services Fund ......................23,860 |
17 | | Common School Fund ....................................428,811 |
18 | | The Communications Revolving Fund .......................7,163 |
19 | | The Community Association Manager |
20 | | Licensing and Disciplinary Fund .......................817 |
21 | | Community Mental Health Medicaid Trust Fund ............10,761 |
22 | | Credit Union Fund ......................................17,533 |
23 | | Cycle Rider Safety Training Fund ..........................589 |
24 | | DCFS Children's Services Fund .........................249,796 |
25 | | Department of Business Services
Special Operations Fund .3,354 |
26 | | Department of Corrections Reimbursement |
|
| | SB0042 Enrolled | - 28 - | LRB100 04925 MLM 14935 b |
|
|
1 | | and Education
Fund .................................16,949 |
2 | | Department of Human Services Community Services Fund ......821 |
3 | | Design Professionals Administration |
4 | | and Investigation Fund ..............................3,768 |
5 | | Digital Divide Elimination Fund .........................2,087 |
6 | | The Downstate Public Transportation Fund ...............23,216 |
7 | | Driver Services Administration Fund .......................820 |
8 | | Drivers Education Fund ..................................1,221 |
9 | | Drug Rebate Fund .......................................10,020 |
10 | | Education Assistance Fund ...........................1,594,645 |
11 | | Electronic Health Record Incentive Fund .................1,090 |
12 | | Energy Efficiency Portfolio Standards Fund .............37,275 |
13 | | Estate Tax Refund Fund ..................................1,242 |
14 | | Facilities Management Revolving Fund ...................13,526 |
15 | | Fair and Exposition Fund ..................................826 |
16 | | Federal Asset Forfeiture Fund ...........................1,094 |
17 | | Federal High Speed Rail Trust Fund .....................29,251 |
18 | | Federal Workforce Training Fund ........................86,488 |
19 | | Feed Control Fund .......................................1,479 |
20 | | Fertilizer Control Fund ...................................929 |
21 | | The Fire Prevention Fund ..............................114,348 |
22 | | Fund for the Advancement of Education ..................13,642 |
23 | | General Professions Dedicated Fund .....................24,725 |
24 | | General Revenue Fund ...............................17,051,839 |
25 | | Grade Crossing Protection Fund ..........................6,588 |
26 | | Health and Human Services
Medicaid Trust Fund ...........4,153 |
|
| | SB0042 Enrolled | - 29 - | LRB100 04925 MLM 14935 b |
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|
1 | | Healthcare Provider Relief Fund .......................106,645 |
2 | | Hospital Provider Fund .................................36,223 |
3 | | Illinois Affordable Housing Trust Fund ..................5,592 |
4 | | Illinois Capital Revolving Loan Fund ......................627 |
5 | | Illinois Charity Bureau Fund ............................3,403 |
6 | | Illinois Gaming Law Enforcement Fund ....................1,885 |
7 | | Illinois Standardbred Breeders Fund .......................946 |
8 | | Illinois State Dental Disciplinary Fund .................4,382 |
9 | | Illinois State Fair Fund ................................6,727 |
10 | | Illinois State Medical Disciplinary Fund ...............15,709 |
11 | | Illinois State Pharmacy Disciplinary Fund ...............5,619 |
12 | | Illinois Thoroughbred Breeders Fund .....................1,172 |
13 | | Illinois Veterans Assistance Fund .......................8,519 |
14 | | Illinois Veterans' Rehabilitation Fund ....................658 |
15 | | Illinois Workers' Compensation
Commission |
16 | | Operations Fund .....................................2,849 |
17 | | IMSA Income Fund .......................................11,085 |
18 | | Income Tax Refund Fund ................................170,345 |
19 | | Insurance Financial Regulation Fund ....................94,108 |
20 | | Insurance Premium Tax Refund Fund ......................13,251 |
21 | | Insurance Producer Administration Fund .................86,750 |
22 | | International Tourism Fund ..............................2,578 |
23 | | LaSalle Veterans Home Fund .............................42,416 |
24 | | LEADS Maintenance Fund ..................................1,223 |
25 | | Live and Learn Fund .....................................6,473 |
26 | | The Local Government Distributive Fund ................106,860 |
|
| | SB0042 Enrolled | - 30 - | LRB100 04925 MLM 14935 b |
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|
1 | | Local Tourism Fund ......................................9,144 |
2 | | Long-Term Care Provider Fund ............................5,951 |
3 | | Manteno Veterans Home Fund .............................73,818 |
4 | | Medical Interagency Program Fund ..........................811 |
5 | | Medical Special Purposes Trust Fund .......................521 |
6 | | Mental Health Fund ......................................4,704 |
7 | | Motor Carrier Safety Inspection Fund ....................2,188 |
8 | | The Motor Fuel Tax Fund ................................73,255 |
9 | | Motor Vehicle License Plate Fund ........................3,976 |
10 | | Nursing Dedicated and Professional Fund .................9,858 |
11 | | Optometric Licensing and Disciplinary Board Fund ........1,382 |
12 | | Partners for Conservation Fund ..........................8,083 |
13 | | Pawnbroker Regulation Fund ................................853 |
14 | | The Personal Property Tax Replacement Fund ............105,572 |
15 | | Pesticide Control Fund ..................................5,634 |
16 | | Professional Services Fund ................................726 |
17 | | Professions Indirect Cost Fund ........................140,237 |
18 | | Public Pension Regulation Fund .........................10,026 |
19 | | The Public Transportation Fund .........................61,189 |
20 | | Quincy Veterans Home Fund ..............................88,224 |
21 | | Real Estate License Administration Fund ................23,587 |
22 | | Registered Certified Public Accountants' |
23 | | Administration and Disciplinary Fund ................1,370 |
24 | | Renewable Energy Resources Trust Fund ...................1,689 |
25 | | Residential Finance Regulatory Fund ....................12,638 |
26 | | The Road Fund .........................................332,667 |
|
| | SB0042 Enrolled | - 31 - | LRB100 04925 MLM 14935 b |
|
|
1 | | Regional Transportation Authority |
2 | | Occupation and Use Tax
Replacement Fund .............2,526 |
3 | | Savings Bank Regulatory Fund ..............................851 |
4 | | School Infrastructure Fund ..............................4,852 |
5 | | Secretary of State DUI Administration Fund ................544 |
6 | | Secretary of State Identification Security |
7 | | and Theft Prevention Fund ...........................1,645 |
8 | | Secretary of State
Special License Plate Fund ...........1,203 |
9 | | Secretary of State
Special Services Fund ................6,197 |
10 | | Securities Audit and Enforcement Fund ...................2,793 |
11 | | Solid Waste Management Fund .............................1,262 |
12 | | Special Education Medicaid Matching Fund ................2,217 |
13 | | State and Local Sales Tax Reform Fund ...................5,177 |
14 | | State Asset Forfeiture Fund .............................1,945 |
15 | | State Construction Account Fund ........................67,375 |
16 | | State Crime Laboratory Fund ...............................566 |
17 | | State Gaming Fund .....................................246,099 |
18 | | The State Garage Revolving Fund .........................3,606 |
19 | | The State Lottery Fund ................................201,779 |
20 | | State Offender DNA Identification System
Fund ...........2,246 |
21 | | State Pensions Fund ...................................500,000 |
22 | | State Police DUI Fund ...................................1,560 |
23 | | State Police Firearm Services Fund ......................6,152 |
24 | | State Police Services Fund .............................19,425 |
25 | | State Police Vehicle Fund ...............................6,991 |
26 | | State Police Whistleblower Reward and Protection Fund ...4,430 |
|
| | SB0042 Enrolled | - 32 - | LRB100 04925 MLM 14935 b |
|
|
1 | | State Police Wireless
Service Emergency Fund ..............894 |
2 | | The Statistical Services Revolving Fund ................10,266 |
3 | | Supplemental Low-Income Energy Assistance
Fund .........67,729 |
4 | | Tax Compliance and Administration Fund ..................1,145 |
5 | | Tobacco Settlement Recovery Fund ........................3,199 |
6 | | Tourism Promotion Fund .................................42,906 |
7 | | Traffic and Criminal Conviction Surcharge Fund ..........4,885 |
8 | | Underground Storage Tank Fund ..........................19,316 |
9 | | University of Illinois Hospital Services Fund ...........2,862 |
10 | | The Vehicle Inspection Fund ...............................909 |
11 | | Violent Crime Victims Assistance Fund ..................13,828 |
12 | | Weights and Measures Fund ...............................4,826 |
13 | | The Working Capital Revolving Fund .....................30,401 |
14 | | Within 30 days after July 14, 2015 (the effective date of |
15 | | Public Act 99-38),
the State Comptroller shall order |
16 | | transferred and the State Treasurer shall transfer from the
|
17 | | following funds moneys in the specified amounts for deposit |
18 | | into the Audit Expense Fund: |
19 | | African-American HIV/AIDS Response Fund .................2,333 |
20 | | Agricultural Premium Fund .............................141,245 |
21 | | Assisted Living and Shared Housing Regulatory Fund ......1,146 |
22 | | Capital Development Board Revolving Fund ................1,473 |
23 | | Care Provider Fund for Persons with |
24 | | a Developmental Disability .........................13,520 |
25 | | Carolyn Adams Ticket For The Cure Grant Fund ..............632 |
26 | | CD LIS/ AAMV Anet/NMVTIS Trust Fund .......................587 |
|
| | SB0042 Enrolled | - 33 - | LRB100 04925 MLM 14935 b |
|
|
1 | | Chicago State University Education Improvement Fund .....9,881 |
2 | | Child Support Administrative Fund .......................5,192 |
3 | | Common School Fund ....................................255,306 |
4 | | The Communications Revolving Fund ......................14,823 |
5 | | Community Mental Health Medicaid Trust Fund ............43,141 |
6 | | Death Certificate Surcharge Fund ........................2,596 |
7 | | Death Penalty Abolition Fund ..............................864 |
8 | | Department of Business Services Special Operations Fund .9,484 |
9 | | Department of Human Services Community Services Fund ....6,131 |
10 | | The Downstate Public Transportation Fund ................7,975 |
11 | | Drug Rebate Fund .......................................16,022 |
12 | | Drug Treatment Fund .....................................1,392 |
13 | | Drunk and Drugged Driving Prevention Fund .................772 |
14 | | The Education Assistance Fund .......................1,587,191 |
15 | | Electronic Health Record Incentive Fund .................4,196 |
16 | | Emergency Public Health Fund ............................8,501 |
17 | | EMS Assistance Fund .......................................796 |
18 | | Estate Tax Refund Fund ..................................1,792 |
19 | | Facilities Management Revolving Fund ...................22,122 |
20 | | Facility Licensing Fund .................................4,655 |
21 | | Fair and Exposition Fund ................................5,440 |
22 | | Federal High Speed Rail Trust Fund ......................6,789 |
23 | | Feed Control Fund .......................................5,082 |
24 | | Fertilizer Control Fund .................................6,041 |
25 | | The Fire Prevention Fund ................................4,653 |
26 | | Food and Drug Safety Fund ...............................1,636 |
|
| | SB0042 Enrolled | - 34 - | LRB100 04925 MLM 14935 b |
|
|
1 | | General Professions Dedicated Fund ......................3,296 |
2 | | The General Revenue Fund ...........................17,190,905 |
3 | | Grade Crossing Protection Fund ..........................1,134 |
4 | | Health and Human Services Medicaid Trust Fund ..........14,252 |
5 | | Health Facility Plan Review Fund ........................3,355 |
6 | | Healthcare Provider Relief Fund .......................220,261 |
7 | | Healthy Smiles Fund .......................................694 |
8 | | Home Care Services Agency Licensure Fund ................1,383 |
9 | | Hospital Provider Fund .................................77,300 |
10 | | ICJIA Violence Prevention Fund ..........................2,370 |
11 | | Illinois Affordable Housing Trust Fund ..................6,609 |
12 | | Illinois Department of Agriculture |
13 | | Laboratory Services
Revolving Fund ..................3,386 |
14 | | Illinois Health Facilities Planning Fund ................3,582 |
15 | | Illinois School Asbestos Abatement Fund .................1,742 |
16 | | Illinois Standardbred Breeders Fund .....................7,697 |
17 | | Illinois State Fair Fund ...............................40,283 |
18 | | Illinois Thoroughbred Breeders Fund ....................11,711 |
19 | | Illinois Veterans' Rehabilitation Fund ..................2,084 |
20 | | Illinois Workers' Compensation Commission |
21 | | Operations Fund ...................................182,586 |
22 | | IMSA Income Fund ........................................7,840 |
23 | | Income Tax Refund Fund .................................62,221 |
24 | | Lead Poisoning Screening, Prevention, and Abatement Fund .4,507 |
25 | | Live and Learn Fund ....................................18,652 |
26 | | Lobbyist Registration Administration Fund .................623 |
|
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1 | | The Local Government Distributive Fund .................35,569 |
2 | | Long Term Care Monitor/Receiver Fund ...................24,533 |
3 | | Long-Term Care Provider Fund ...........................15,559 |
4 | | Low-Level Radioactive Waste Facility |
5 | | Development and
Operation Fund ......................1,286 |
6 | | Mandatory Arbitration Fund ..............................2,978 |
7 | | Medical Interagency Program Fund ........................2,120 |
8 | | Medical Special Purposes Trust Fund .....................1,829 |
9 | | Mental Health Fund .....................................10,964 |
10 | | Metabolic Screening and Treatment Fund .................28,495 |
11 | | Monitoring Device Driving Permit Administration Fee Fund .1,021 |
12 | | The Motor Fuel Tax Fund ................................27,802 |
13 | | Motor Vehicle License Plate Fund .......................10,715 |
14 | | Motor Vehicle Theft Prevention Trust Fund ..............10,219 |
15 | | Multiple Sclerosis Research Fund ........................2,552 |
16 | | Nuclear Safety Emergency Preparedness Fund .............31,006 |
17 | | Nursing Dedicated and Professional Fund .................2,350 |
18 | | Partners for Conservation Fund .........................69,830 |
19 | | The Personal Property Tax Replacement Fund .............36,349 |
20 | | Pesticide Control Fund .................................32,100 |
21 | | Plumbing Licensure and Program Fund .....................2,237 |
22 | | Professional Services Fund ..............................1,177 |
23 | | Public Health Laboratory Services Revolving Fund ........5,556 |
24 | | The Public Transportation Fund .........................20,547 |
25 | | Radiation Protection Fund ..............................12,033 |
26 | | The Road Fund .........................................153,257 |
|
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|
1 | | Regional Transportation Authority |
2 | | Occupation and Use Tax
Replacement Fund ...............799 |
3 | | School Infrastructure Fund ..............................5,976 |
4 | | Secretary of State DUI Administration Fund ..............1,767 |
5 | | Secretary of State Identification |
6 | | Security and Theft
Prevention Fund ..................2,551 |
7 | | Secretary of State Special License Plate Fund ...........3,483 |
8 | | Secretary of State Special Services Fund ...............21,708 |
9 | | Securities Audit and Enforcement Fund ...................5,637 |
10 | | Securities Investors Education Fund .......................894 |
11 | | Special Education Medicaid Matching Fund ................4,648 |
12 | | State and Local Sales Tax Reform Fund ...................1,651 |
13 | | State Construction Account Fund ........................27,868 |
14 | | The State Garage Revolving Fund .........................7,320 |
15 | | The State Lottery Fund ................................398,712 |
16 | | State Pensions Fund ...................................500,000 |
17 | | The Statistical Services Revolving Fund ................17,481 |
18 | | Supreme Court Historic Preservation Fund ...............28,000 |
19 | | Tanning Facility Permit Fund ..............................549 |
20 | | Tobacco Settlement Recovery Fund .......................30,438 |
21 | | Trauma Center Fund .....................................10,050 |
22 | | University of Illinois Hospital Services Fund ...........9,247 |
23 | | The Vehicle Inspection Fund .............................2,810 |
24 | | Weights and Measures Fund ..............................31,534 |
25 | | The Working Capital Revolving Fund .....................15,960
|
26 | | Notwithstanding any provision of the law to the contrary, |
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| | SB0042 Enrolled | - 37 - | LRB100 04925 MLM 14935 b |
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|
1 | | the General
Assembly hereby authorizes the use of such funds |
2 | | for the purposes set forth
in this Section.
|
3 | | These provisions do not apply to funds classified by the |
4 | | Comptroller
as federal trust funds or State trust funds. The |
5 | | Audit Expense Fund may
receive transfers from those trust funds |
6 | | only as directed herein, except
where prohibited by the terms |
7 | | of the trust fund agreement. The Auditor
General shall notify |
8 | | the trustees of those funds of the estimated cost of
the audit |
9 | | to be incurred under the Illinois State Auditing Act for the
|
10 | | fund. The trustees of those funds shall direct the State |
11 | | Comptroller and
Treasurer to transfer the estimated amount to |
12 | | the Audit Expense Fund.
|
13 | | The Auditor General may bill entities that are not subject |
14 | | to the above
transfer provisions, including private entities, |
15 | | related organizations and
entities whose funds are |
16 | | locally-held, for the cost of audits, studies, and
|
17 | | investigations incurred on their behalf. Any revenues received |
18 | | under this
provision shall be deposited into the Audit Expense |
19 | | Fund.
|
20 | | In the event that moneys on deposit in any fund are |
21 | | unavailable, by
reason of deficiency or any other reason |
22 | | preventing their lawful
transfer, the State Comptroller shall |
23 | | order transferred
and the State Treasurer shall transfer the |
24 | | amount deficient or otherwise
unavailable from the General |
25 | | Revenue Fund for deposit into the Audit Expense
Fund.
|
26 | | On or before December 1, 1992, and each December 1 |
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|
1 | | thereafter, the
Auditor General shall notify the Governor's |
2 | | Office of Management
and Budget (formerly Bureau of the Budget)
|
3 | | of the amount
estimated to be necessary to pay for audits, |
4 | | studies, and investigations in
accordance with the Illinois |
5 | | State Auditing Act during the next succeeding
fiscal year for |
6 | | each State fund for which a transfer or reimbursement is
|
7 | | anticipated.
|
8 | | Beginning with fiscal year 1994 and during each fiscal year |
9 | | thereafter,
the Auditor General may direct the State |
10 | | Comptroller and Treasurer to
transfer moneys from funds |
11 | | authorized by the General Assembly for that
fund. In the event |
12 | | funds, including federal and State trust funds but
excluding |
13 | | the General Revenue Fund, are transferred, during fiscal year |
14 | | 1994
and during each fiscal year thereafter, in excess of the |
15 | | amount to pay actual
costs attributable to audits, studies, and |
16 | | investigations as permitted or
required by the Illinois State |
17 | | Auditing Act or specific action of the General
Assembly, the |
18 | | Auditor General shall, on September 30, or as soon thereafter |
19 | | as
is practicable, direct the State Comptroller and Treasurer |
20 | | to transfer the
excess amount back to the fund from which it |
21 | | was originally transferred.
|
22 | | (Source: P.A. 98-270, eff. 8-9-13; 98-676, eff. 6-30-14; 99-38, |
23 | | eff. 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. |
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1 | | (a) The University of Illinois Hospital Services Fund is |
2 | | created as a
special fund in the State Treasury. The following |
3 | | moneys 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 |
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|
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 |
17 | | Healthcare and Family Services,
subject to appropriation and to |
18 | | an interagency agreement between that Department and the Board |
19 | | of Trustees of the University of Illinois, to reimburse the |
20 | | University of Illinois Hospital for
hospital and pharmacy |
21 | | services, to reimburse practitioners who are employed by the |
22 | | University of Illinois, to reimburse other health care |
23 | | facilities and health plans operated by the University of |
24 | | Illinois, and to pass through to the University of Illinois |
25 | | federal financial participation earned by the State as a result |
26 | | of expenditures made by the University of Illinois. |
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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 |
6 | | the Conservation 2000 Fund) and the Partners for
Conservation |
7 | | Projects Fund (formerly known as the Conservation 2000 Projects |
8 | | Fund) are
created as special funds in the State Treasury. These |
9 | | funds
shall be used to establish a comprehensive program to |
10 | | protect Illinois' natural
resources through cooperative |
11 | | partnerships between State government and public
and private |
12 | | landowners. Moneys in these Funds may be
used, subject to |
13 | | appropriation, by the Department of Natural Resources, |
14 | | Environmental Protection Agency, and the
Department of |
15 | | Agriculture for purposes relating to natural resource |
16 | | protection,
planning, recreation, tourism, and compatible |
17 | | agricultural and economic development
activities. Without |
18 | | limiting these general purposes, moneys in these Funds may
be |
19 | | used, subject to appropriation, for the following specific |
20 | | purposes:
|
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.
|
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|
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 |
25 | | automatically transfer
on the last day of each month, beginning |
26 | | on September 30, 1995 and ending on
June 30, 2021,
from the |
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|
1 | | General Revenue Fund to the Partners for Conservation
Fund,
an
|
2 | | amount equal to 1/10 of the amount set forth below in fiscal |
3 | | year 1996 and
an amount equal to 1/12 of the amount set forth |
4 | | below in each of the other
specified fiscal years:
|
|
5 | | Fiscal Year |
Amount |
|
6 | | 1996 |
$ 3,500,000 |
|
7 | | 1997 |
$ 9,000,000 |
|
8 | | 1998 |
$10,000,000 |
|
9 | | 1999 |
$11,000,000 |
|
10 | | 2000 |
$12,500,000 |
|
11 | | 2001 through 2004 |
$14,000,000 |
|
12 | | 2005
| $7,000,000 | |
13 | | 2006
| $11,000,000
| |
14 | | 2007
| $0
| |
15 | | 2008 through 2011 ........................
| $14,000,000
| |
16 | | 2012 | $12,200,000 | |
17 | | 2013 through 2017 2021 .................... | $14,000,000 | |
18 | | 2018 | $1,500,000 | |
19 | | 2019 through 2021 | $14,000,000 |
|
20 | | (c) Notwithstanding any other provision of law to the |
21 | | contrary and in addition to any other transfers that may be |
22 | | provided for by law, on the last day of each month beginning on |
23 | | July 31, 2006 and ending on June 30, 2007, or as soon |
24 | | thereafter as may be practical, the State Comptroller shall |
25 | | direct and the State Treasurer shall transfer $1,000,000 from |
26 | | the Open Space Lands Acquisition and Development Fund to the |
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|
1 | | Partners for Conservation Fund (formerly known as the |
2 | | Conservation 2000 Fund ) .
|
3 | | (d) There shall be deposited into the Partners for
|
4 | | Conservation Projects Fund such
bond proceeds and other moneys |
5 | | as 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 |
10 | | fund
in the State Treasury.
|
11 | | In addition to any other deposits authorized by law, |
12 | | beginning January
1, 2000, on the first day of each month, or |
13 | | as soon thereafter as may be
practical, the State Treasurer and |
14 | | State Comptroller shall transfer the sum of
$5,000,000 from the |
15 | | General Revenue Fund to the School Infrastructure Fund, except |
16 | | that, notwithstanding any other provision of law, and in |
17 | | addition to any other transfers that may be provided for by |
18 | | law, before June 30, 2012, the Comptroller and the Treasurer |
19 | | shall transfer $45,000,000 from the General Revenue Fund into |
20 | | the School Infrastructure Fund, and, for fiscal year 2013 only, |
21 | | the Treasurer and the Comptroller shall transfer $1,250,000 |
22 | | from the General Revenue Fund to the School Infrastructure Fund |
23 | | on the first day of each month;
provided, however, that no such |
24 | | transfers shall be made from July 1, 2001
through June 30, |
25 | | 2003.
|
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| | SB0042 Enrolled | - 45 - | LRB100 04925 MLM 14935 b |
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|
1 | | (a-5) Money in the School Infrastructure Fund may be used |
2 | | to pay the expenses of the State Board of Education, the |
3 | | Governor's Office of Management and Budget, and the Capital |
4 | | Development Board in administering programs under the School |
5 | | Construction Law, the total expenses not to exceed $1,315,000 |
6 | | in any fiscal year. |
7 | | (b) Subject to the transfer provisions set forth below, |
8 | | money in the
School Infrastructure Fund shall, if and when the |
9 | | State of Illinois incurs
any bonded indebtedness for the |
10 | | construction of school improvements under subsection (e) of |
11 | | Section 5 of the General Obligation Bond Act
the School |
12 | | Construction Law , be set aside and used for the purpose of
|
13 | | paying and discharging annually the principal and interest on |
14 | | that bonded
indebtedness then due and payable, and for no other |
15 | | purpose.
|
16 | | In addition to other transfers to the General Obligation |
17 | | Bond Retirement and
Interest Fund made pursuant to Section 15 |
18 | | of the General Obligation Bond Act,
upon each delivery of bonds |
19 | | issued for construction of school improvements
under the School |
20 | | Construction Law, the State Comptroller shall
compute and |
21 | | certify to the State Treasurer the total amount of principal |
22 | | of,
interest on, and premium, if any, on such bonds during the |
23 | | then current and
each succeeding fiscal year.
With respect to |
24 | | the interest payable on variable rate bonds, such
|
25 | | certifications shall be calculated at the maximum rate of |
26 | | interest that
may be payable during the fiscal year, after |
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|
1 | | taking into account any credits
permitted in the related |
2 | | indenture or other instrument against the amount of
such |
3 | | interest required to be appropriated for that period.
|
4 | | On or before the last day of each month, the State |
5 | | Treasurer and State
Comptroller shall transfer from the School |
6 | | Infrastructure Fund to the General
Obligation Bond Retirement |
7 | | and Interest Fund an amount sufficient to pay the
aggregate of |
8 | | the principal of, interest on, and premium, if any, on the |
9 | | bonds
payable on their next payment date, divided by the number |
10 | | of monthly transfers
occurring between the last previous |
11 | | payment date (or the delivery date if no
payment date has yet |
12 | | occurred) and the next succeeding payment date.
Interest |
13 | | payable on variable rate bonds shall be calculated at the |
14 | | maximum
rate of interest that may be payable for the relevant |
15 | | period, after taking into
account any credits permitted in the |
16 | | related indenture or other instrument
against the amount of |
17 | | such interest required to be appropriated for that
period.
|
18 | | Interest for which moneys have already been deposited into the |
19 | | capitalized
interest account within the General Obligation |
20 | | Bond Retirement and Interest
Fund shall not be included in the |
21 | | calculation of the amounts to be transferred
under this |
22 | | subsection.
|
23 | | (b-5) The money deposited into the School Infrastructure |
24 | | Fund from transfers pursuant to subsections (c-30) and (c-35) |
25 | | of Section 13 of the Riverboat Gambling Act shall be applied, |
26 | | without further direction, as provided in subsection (b-3) of |
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1 | | Section 5-35 of the School Construction Law. |
2 | | (c) The surplus, if any, in the School Infrastructure Fund |
3 | | after payments made pursuant to subsections (a-5), (b) , and |
4 | | (b-5) of this Section shall, subject to appropriation, be used |
5 | | as follows:
|
6 | | First - to make 3 payments to the School Technology |
7 | | Revolving 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 |
12 | | Education and the Capital
Development Board in administering |
13 | | programs under the School Construction
Law, the total expenses |
14 | | not to exceed $1,200,000 in any
fiscal year.
|
15 | | Second Third - to pay any amounts due for grants for school |
16 | | construction projects
and debt service under the School |
17 | | Construction Law.
|
18 | | Third Fourth - to pay any amounts due for grants for school |
19 | | maintenance 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 |
24 | | to be known as
the Drug Rebate Fund.
|
25 | | (b) The Fund is created for the purpose of receiving and |
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|
1 | | disbursing moneys
in accordance with this Section. |
2 | | Disbursements from the Fund shall be made,
subject to |
3 | | appropriation, 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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| | SB0042 Enrolled | - 50 - | LRB100 04925 MLM 14935 b |
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|
1 | | eff. 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 |
4 | | State of
Illinois incurs any bonded indebtedness for the |
5 | | construction of
permanent highways, be set aside and used for |
6 | | the purpose of paying and
discharging annually the principal |
7 | | and interest on that bonded
indebtedness then due and payable, |
8 | | and for no other purpose. The
surplus, if any, in the Road Fund |
9 | | after the payment of principal and
interest on that bonded |
10 | | indebtedness 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 |
18 | | the Road
Fund. Appropriations may also be made from the Road |
19 | | Fund for the
administrative expenses of any State agency that |
20 | | are related to motor
vehicles or arise from the use of motor |
21 | | vehicles. |
22 | | Beginning with fiscal year 1980 and thereafter, no Road |
23 | | Fund monies
shall be appropriated to the following Departments |
24 | | or agencies of State
government for administration, grants, or |
25 | | operations; but this
limitation is not a restriction upon |
26 | | appropriating for those purposes any
Road Fund monies that are |
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1 | | eligible 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 |
20 | | Fund monies
shall be appropriated to the following Departments |
21 | | or agencies of State
government for administration, grants, or |
22 | | operations; but this
limitation is not a restriction upon |
23 | | appropriating for those purposes any
Road Fund monies that are |
24 | | eligible 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 |
15 | | Fund monies
shall be appropriated to the following Departments |
16 | | or agencies of State
government for administration, grants, or |
17 | | operations; but this
limitation is not a restriction upon |
18 | | appropriating for those purposes any
Road Fund monies that are |
19 | | eligible for federal reimbursement: Department
of Central |
20 | | Management Services, except for awards made by
the Illinois |
21 | | Workers' Compensation Commission under the terms of the |
22 | | Workers' Compensation Act
or Workers' Occupational Diseases |
23 | | Act for injury or death of an employee of
the Division of |
24 | | Highways in the Department of Transportation. |
25 | | Beginning with fiscal year 1984 and thereafter, no Road |
26 | | Fund monies
shall be appropriated to the following Departments |
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1 | | or agencies of State
government for administration, grants, or |
2 | | operations; but this
limitation is not a restriction upon |
3 | | appropriating for those purposes any
Road Fund monies that are |
4 | | eligible 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 |
9 | | Fund monies
shall be appropriated to any Department or agency |
10 | | of State government
for administration, grants, or operations |
11 | | except as provided hereafter;
but this limitation is not a |
12 | | restriction upon appropriating for those
purposes any Road Fund |
13 | | monies that are eligible for federal
reimbursement. It shall |
14 | | not be lawful to circumvent the above
appropriation limitations |
15 | | by governmental reorganization or other
methods. |
16 | | Appropriations shall be made from the Road Fund only in
|
17 | | accordance with the provisions of this Section. |
18 | | Money in the Road Fund shall, if and when the State of |
19 | | Illinois
incurs any bonded indebtedness for the construction of |
20 | | permanent
highways, be set aside and used for the purpose of |
21 | | paying and
discharging during each fiscal year the principal |
22 | | and interest on that
bonded indebtedness as it becomes due and |
23 | | payable as provided in the
Transportation Bond Act, and for no |
24 | | other
purpose. The surplus, if any, in the Road Fund after the |
25 | | payment of
principal and interest on that bonded indebtedness |
26 | | then annually due
shall be used as follows: |
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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 |
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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 |
22 | | the Road
Fund or the Grade Crossing Protection Fund as provided |
23 | | in Section 8 of
the Motor Fuel Tax Law. |
24 | | Except as provided in this paragraph, beginning with fiscal |
25 | | year 1991 and
thereafter, no Road Fund monies
shall be |
26 | | appropriated to the Department of State Police for the purposes |
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1 | | of
this Section in excess of its total fiscal year 1990 Road |
2 | | Fund
appropriations for those purposes unless otherwise |
3 | | provided in Section 5g of
this Act.
For fiscal years 2003,
|
4 | | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be |
5 | | appropriated to the
Department of State Police for the purposes |
6 | | of this Section in excess of
$97,310,000.
For fiscal year 2008 |
7 | | only, no Road
Fund monies shall be appropriated to the |
8 | | Department of State Police for the purposes of
this Section in |
9 | | excess of $106,100,000. For fiscal year 2009 only, no Road Fund |
10 | | monies shall be appropriated to the Department of State Police |
11 | | for the purposes of this Section in excess of $114,700,000. |
12 | | Beginning in fiscal year 2010, no road fund moneys shall be |
13 | | appropriated to the Department of State Police. It shall not be |
14 | | lawful to circumvent this limitation on
appropriations by |
15 | | governmental reorganization or other methods unless
otherwise |
16 | | provided in Section 5g of this Act. |
17 | | In fiscal year 1994, no Road Fund monies shall be |
18 | | appropriated
to the
Secretary of State for the purposes of this |
19 | | Section in excess of the total
fiscal year 1991 Road Fund |
20 | | appropriations to the Secretary of State for
those purposes, |
21 | | plus $9,800,000. It
shall not be
lawful to circumvent
this |
22 | | limitation on appropriations by governmental reorganization or |
23 | | other
method. |
24 | | Beginning with fiscal year 1995 and thereafter, no Road |
25 | | Fund
monies
shall be appropriated to the Secretary of State for |
26 | | the purposes of this
Section in excess of the total fiscal year |
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1 | | 1994 Road Fund
appropriations to
the Secretary of State for |
2 | | those purposes. It shall not be lawful to
circumvent this |
3 | | limitation on appropriations by governmental reorganization
or |
4 | | other methods. |
5 | | Beginning with fiscal year 2000, total Road Fund |
6 | | appropriations to the
Secretary of State for the purposes of |
7 | | this Section shall not exceed the
amounts specified for the |
8 | | following 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 |
20 | | appropriated to the Secretary of State. |
21 | | Beginning in fiscal year 2011, moneys in the Road Fund |
22 | | shall be appropriated to the Secretary of State for the |
23 | | exclusive purpose of paying refunds due to overpayment of fees |
24 | | related to Chapter 3 of the Illinois Vehicle Code unless |
25 | | otherwise provided for by law. |
26 | | It shall not be lawful to circumvent this limitation on |
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1 | | appropriations by
governmental reorganization or other |
2 | | methods. |
3 | | No new program may be initiated in fiscal year 1991 and
|
4 | | thereafter that is not consistent with the limitations imposed |
5 | | by this
Section for fiscal year 1984 and thereafter, insofar as |
6 | | appropriation of
Road Fund monies is concerned. |
7 | | Nothing in this Section prohibits transfers from the Road |
8 | | Fund to the
State Construction Account Fund under Section 5e of |
9 | | this Act; nor to the
General Revenue Fund, as authorized by |
10 | | this amendatory Act of
the 93rd
General Assembly. |
11 | | The additional amounts authorized for expenditure in this |
12 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
13 | | shall be repaid to the Road Fund
from the General Revenue Fund |
14 | | in the next succeeding fiscal year that the
General Revenue |
15 | | Fund has a positive budgetary balance, as determined by
|
16 | | generally accepted accounting principles applicable to |
17 | | government. |
18 | | The additional amounts authorized for expenditure by the |
19 | | Secretary of State
and
the Department of State Police in this |
20 | | Section by this amendatory Act of the
94th General Assembly |
21 | | shall be repaid to the Road Fund from the General Revenue Fund |
22 | | in the
next
succeeding fiscal year that the General Revenue |
23 | | Fund has a positive budgetary
balance,
as determined by |
24 | | generally accepted accounting principles applicable to
|
25 | | government. |
26 | | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; |
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1 | | 99-523, 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 |
4 | | Treasurer shall
automatically transfer on the first day of each |
5 | | month, beginning on
February 1, 1988, from the General Revenue |
6 | | Fund to each of the funds then
supplemented by the pari-mutuel |
7 | | tax pursuant to Section 28 of the Illinois
Horse Racing Act of |
8 | | 1975, an amount equal to (i) the amount of pari-mutuel
tax |
9 | | deposited into such fund during the month in fiscal
year 1986 |
10 | | which corresponds to the month preceding such transfer, minus
|
11 | | (ii) the amount of pari-mutuel tax (or the replacement transfer |
12 | | authorized
by subsection (d) of Section 8g Section 8g(d) of |
13 | | this Act and subsection (d) of Section 28.1 Section 28.1(d) of |
14 | | the Illinois Horse Racing Act of
1975) deposited into such fund |
15 | | during the
month preceding such transfer; provided, however, |
16 | | that no transfer shall
be made to a fund if such amount for |
17 | | that fund is equal to or less than
zero and provided that no |
18 | | transfer shall be made to a fund in any fiscal
year after the |
19 | | amount deposited into such fund exceeds the amount of
|
20 | | pari-mutuel tax deposited into such fund during fiscal year |
21 | | 1986.
|
22 | | (b) The State Comptroller and the State Treasurer shall |
23 | | automatically
transfer on the last day of each month, beginning |
24 | | on October 1, 1989 and ending on June 30, 2017 , from
the |
25 | | General Revenue Fund to the Metropolitan Exposition , |
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1 | | Auditorium and
Office Building Fund, the amount of $2,750,000 |
2 | | plus any cumulative
deficiencies in such transfers for prior |
3 | | months, until the sum of
$16,500,000 has been transferred for |
4 | | the fiscal year beginning July 1, 1989
and until the sum of |
5 | | $22,000,000 has been transferred for each fiscal year
|
6 | | thereafter.
|
7 | | (b-5) The State Comptroller and the State Treasurer shall |
8 | | automatically transfer on the last day of each month, beginning |
9 | | on July 1, 2017, from the General Revenue Fund to the |
10 | | Metropolitan Exposition, Auditorium and Office Building Fund, |
11 | | the amount of $1,500,000 plus any cumulative deficiencies in |
12 | | such transfers for prior months, until the sum of $12,000,000 |
13 | | has been transferred for each fiscal year thereafter. |
14 | | (c) After the transfer of funds from the Metropolitan |
15 | | Exposition ,
Auditorium and Office Building Fund to the Bond |
16 | | Retirement Fund pursuant to subsection (b) of Section 15
|
17 | | Section 15(b) of the Metropolitan Civic Center Support Act, the |
18 | | State
Comptroller and the State Treasurer shall automatically |
19 | | transfer on the
last day of each month, beginning on October 1, |
20 | | 1989 and ending on June 30, 2017 , from the Metropolitan
|
21 | | Exposition , Auditorium and Office Building Fund
to the Park and |
22 | | Conservation Fund the amount of $1,250,000 plus any
cumulative |
23 | | deficiencies in such transfers for prior months, until the sum
|
24 | | of $7,500,000 has been transferred for the fiscal year |
25 | | beginning July 1,
1989 and until the sum of $10,000,000 has |
26 | | been 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 |
5 | | for by law, as
soon as may be practical after the effective |
6 | | date of this amendatory Act of
the 91st General Assembly, the |
7 | | State Comptroller shall direct and the State
Treasurer shall |
8 | | transfer the sum of $10,000,000 from the General Revenue Fund
|
9 | | to the Motor Vehicle License Plate Fund created by Senate Bill |
10 | | 1028 of the 91st
General Assembly. |
11 | | (b) In addition to any other transfers that may be provided |
12 | | for by law, as
soon as may be practical after the effective |
13 | | date of this amendatory Act of
the 91st General Assembly, the |
14 | | State Comptroller shall direct and the State
Treasurer shall |
15 | | transfer the sum of $25,000,000 from the General Revenue Fund
|
16 | | to the Fund for Illinois' Future created by Senate Bill 1066 of |
17 | | the 91st
General Assembly. |
18 | | (c) In addition to any other transfers that may be provided |
19 | | for by law,
on August 30 of each fiscal year's license period, |
20 | | the Illinois Liquor Control
Commission shall direct and the |
21 | | State Comptroller and State Treasurer shall
transfer from the |
22 | | General Revenue Fund to the Youth Alcoholism and Substance
|
23 | | Abuse Prevention Fund an amount equal to the number of retail |
24 | | liquor licenses
issued for that fiscal year multiplied by $50. |
25 | | (d) The payments to programs required under subsection (d) |
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1 | | of Section 28.1
of the Illinois Horse Racing Act of 1975 shall |
2 | | be made, pursuant to appropriation, from
the special funds |
3 | | referred to in the statutes cited in that subsection, rather
|
4 | | than directly from the General Revenue Fund. |
5 | | Beginning January 1, 2000, on the first day of each month, |
6 | | or as soon
as may be practical thereafter, the State |
7 | | Comptroller shall direct and the
State Treasurer shall transfer |
8 | | from the General Revenue Fund to each of the
special funds from |
9 | | which payments are to be made under subsection (d) of Section |
10 | | 28.1 of the Illinois
Horse Racing Act of 1975 an amount equal |
11 | | to 1/12 of the annual amount required
for those payments from |
12 | | that special fund, which annual amount shall not exceed
the |
13 | | annual amount for those payments from that special fund for the |
14 | | calendar
year 1998. The special funds to which transfers shall |
15 | | be made under this
subsection (d) include, but are not |
16 | | necessarily limited to, the Agricultural
Premium Fund; the |
17 | | Metropolitan Exposition, Auditorium and Office Building Fund;
|
18 | | the Fair and Exposition Fund; the Illinois Standardbred |
19 | | Breeders Fund; the Illinois Thoroughbred
Breeders Fund; and the |
20 | | Illinois Veterans' Rehabilitation Fund. Except for transfers |
21 | | attributable to prior fiscal years, during State fiscal year |
22 | | 2018 only, no transfers shall be made from the General Revenue |
23 | | Fund to the Agricultural Premium Fund, the Fair and Exposition |
24 | | Fund, the Illinois Standardbred Breeders Fund, or the Illinois |
25 | | Thoroughbred Breeders Fund. |
26 | | (e) In addition to any other transfers that may be provided |
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1 | | for by law,
as soon as may be practical after the effective |
2 | | date of this amendatory Act of
the 91st General Assembly, but |
3 | | in no event later than June 30, 2000, the State
Comptroller |
4 | | shall direct and the State Treasurer shall transfer the sum of
|
5 | | $15,000,000 from the General Revenue Fund to the Fund for |
6 | | Illinois' Future. |
7 | | (f) In addition to any other transfers that may be provided |
8 | | for by law,
as soon as may be practical after the effective |
9 | | date of this amendatory Act of
the 91st General Assembly, but |
10 | | in no event later than June 30, 2000, the State
Comptroller |
11 | | shall direct and the State Treasurer shall transfer the sum of
|
12 | | $70,000,000 from the General Revenue Fund to the Long-Term Care |
13 | | Provider
Fund. |
14 | | (f-1) In fiscal year 2002, in addition to any other |
15 | | transfers that may
be provided for by law, at the direction of |
16 | | and upon notification from the
Governor, the State Comptroller |
17 | | shall direct and the State Treasurer shall
transfer amounts not |
18 | | exceeding a total of $160,000,000 from the General
Revenue Fund |
19 | | to the Long-Term Care Provider Fund. |
20 | | (g) In addition to any other transfers that may be provided |
21 | | for by law,
on July 1, 2001, or as soon thereafter as may be |
22 | | practical, the State
Comptroller shall direct and the State |
23 | | Treasurer shall transfer the sum of
$1,200,000 from the General |
24 | | Revenue Fund to the Violence Prevention Fund. |
25 | | (h) In each of fiscal years 2002 through 2004, but not
|
26 | | thereafter, in
addition to any other transfers that may be |
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1 | | provided for by law, the State
Comptroller shall direct and the |
2 | | State Treasurer shall transfer $5,000,000
from the General |
3 | | Revenue Fund to the Tourism Promotion Fund. |
4 | | (i) On or after July 1, 2001 and until May 1, 2002, in |
5 | | addition to any
other transfers that may be provided for by |
6 | | law, at the direction of and upon
notification from the |
7 | | Governor, the State Comptroller shall direct and the
State |
8 | | Treasurer shall transfer amounts not exceeding a total of |
9 | | $80,000,000
from the General Revenue Fund to the Tobacco |
10 | | Settlement Recovery Fund.
Any amounts so transferred shall be |
11 | | re-transferred by the State Comptroller
and the State Treasurer |
12 | | from the Tobacco Settlement Recovery Fund to the
General |
13 | | Revenue Fund at the direction of and upon notification from the
|
14 | | Governor, 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 |
16 | | addition to any
other transfers that may be provided for by |
17 | | law, at the direction of and upon
notification from the |
18 | | Governor, the State Comptroller shall direct and the
State |
19 | | Treasurer shall transfer amounts not exceeding a total of |
20 | | $80,000,000
from the General Revenue Fund to the Tobacco |
21 | | Settlement Recovery Fund.
Any amounts so transferred shall be |
22 | | re-transferred by the State Comptroller
and the State Treasurer |
23 | | from the Tobacco Settlement Recovery Fund to the
General |
24 | | Revenue Fund at the direction of and upon notification from the
|
25 | | Governor, 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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1 | | 2002, in addition to
any other transfers that may be provided |
2 | | for by law, at the direction of and
upon notification from the |
3 | | Governor, the State Comptroller shall direct and the
State |
4 | | Treasurer shall transfer amounts not to exceed the following |
5 | | sums 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 |
2 | | for by law,
as soon as may be practical after the effective |
3 | | date of this amendatory Act of
the 92nd General Assembly, the |
4 | | State Comptroller shall direct and the State
Treasurer shall |
5 | | transfer the sum of $2,000,000 from the General Revenue Fund
to |
6 | | the Teachers Health Insurance Security Fund. |
7 | | (k-1) In addition to any other transfers that may be |
8 | | provided for by
law, on July 1, 2002, or as soon as may be |
9 | | practical thereafter, the State
Comptroller shall direct and |
10 | | the State Treasurer shall transfer the sum of
$2,000,000 from |
11 | | the General Revenue Fund to the Teachers Health Insurance
|
12 | | Security Fund. |
13 | | (k-2) In addition to any other transfers that may be |
14 | | provided for by
law, on July 1, 2003, or as soon as may be |
15 | | practical thereafter, the State
Comptroller shall direct and |
16 | | the State Treasurer shall transfer the sum of
$2,000,000 from |
17 | | the General Revenue Fund to the Teachers Health Insurance
|
18 | | Security Fund. |
19 | | (k-3) On or after July 1, 2002 and no later than June 30, |
20 | | 2003, in
addition to any other transfers that may be provided |
21 | | for by law, at the
direction of and upon notification from the |
22 | | Governor, the State Comptroller
shall direct and the State |
23 | | Treasurer shall transfer amounts not to exceed the
following |
24 | | sums into the Statistical Services Revolving Fund: |
|
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 |
13 | | for by law, on
July 1, 2002, or as soon as may be practical |
14 | | thereafter, the State Comptroller
shall direct and the State |
15 | | Treasurer shall transfer the sum of $3,000,000 from
the General |
16 | | Revenue Fund to the Presidential Library and Museum Operating
|
17 | | Fund. |
18 | | (m) In addition to any other transfers that may be provided |
19 | | for by law, on
July 1, 2002 and on the effective date of this |
20 | | amendatory Act of the 93rd
General Assembly, or as soon |
21 | | thereafter as may be practical, the State Comptroller
shall |
22 | | direct and the State Treasurer shall transfer the sum of |
23 | | $1,200,000 from
the General Revenue Fund to the Violence |
24 | | Prevention Fund. |
25 | | (n) In addition to any other transfers that may be provided |
26 | | for by law,
on July 1,
2003, or as soon thereafter as may be |
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1 | | practical, the State Comptroller shall
direct and the
State |
2 | | Treasurer shall transfer the sum of $6,800,000 from the General |
3 | | Revenue
Fund to
the DHS Recoveries Trust Fund. |
4 | | (o) On or after July 1, 2003, and no later than June 30, |
5 | | 2004, in
addition to any
other transfers that may be provided |
6 | | for by law, at the direction of and upon
notification
from the |
7 | | Governor, the State Comptroller shall direct and the State |
8 | | Treasurer
shall
transfer amounts not to exceed the following |
9 | | sums 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 |
12 | | addition to any
other
transfers that may be provided for by |
13 | | law, at the direction of and upon
notification from
the |
14 | | Governor, the State Comptroller shall direct and the State |
15 | | Treasurer shall
transfer
amounts not exceeding a total of |
16 | | $80,000,000 from the General Revenue Fund to
the
Tobacco |
17 | | Settlement Recovery Fund. Any amounts so transferred shall be
|
18 | | re-transferred
from the Tobacco Settlement Recovery Fund to the |
19 | | General Revenue Fund at the
direction of and upon notification |
20 | | from the Governor, but in any event on or
before June
30, 2004. |
21 | | (q) In addition to any other transfers that may be provided |
22 | | for by law, on
July 1,
2003, or as soon as may be practical |
23 | | thereafter, the State Comptroller shall
direct and the
State |
24 | | Treasurer shall transfer the sum of $5,000,000 from the General |
25 | | Revenue
Fund to
the Illinois Military Family Relief Fund. |
26 | | (r) In addition to any other transfers that may be provided |
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1 | | for by law, on
July 1,
2003, or as soon as may be practical |
2 | | thereafter, the State Comptroller shall
direct and the
State |
3 | | Treasurer shall transfer the sum of $1,922,000 from the General |
4 | | Revenue
Fund to
the Presidential Library and Museum Operating |
5 | | Fund. |
6 | | (s) In addition to any other transfers that may be provided |
7 | | for by law, on
or after
July 1, 2003, the State Comptroller |
8 | | shall direct and the State Treasurer shall
transfer the
sum of |
9 | | $4,800,000 from the Statewide Economic Development Fund to the |
10 | | General
Revenue Fund. |
11 | | (t) In addition to any other transfers that may be provided |
12 | | for by law, on
or after
July 1, 2003, the State Comptroller |
13 | | shall direct and the State Treasurer shall
transfer the
sum of |
14 | | $50,000,000 from the General Revenue Fund to the Budget |
15 | | Stabilization
Fund. |
16 | | (u) On or after July 1, 2004 and until May 1, 2005, in |
17 | | addition to any other transfers that may be provided for by |
18 | | law, at the direction of and upon notification from the |
19 | | Governor, the State Comptroller shall direct and the State |
20 | | Treasurer shall transfer amounts not exceeding a total of |
21 | | $80,000,000 from the General Revenue Fund to the Tobacco |
22 | | Settlement Recovery Fund. Any amounts so transferred shall be |
23 | | retransferred by the State Comptroller and the State Treasurer |
24 | | from the Tobacco Settlement Recovery Fund to the General |
25 | | Revenue Fund at the direction of and upon notification from the |
26 | | Governor, 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 |
2 | | for by law, on July 1, 2004, or as soon thereafter as may be |
3 | | practical, the State Comptroller shall direct and the State |
4 | | Treasurer shall transfer the sum of $1,200,000 from the General |
5 | | Revenue Fund to the Violence Prevention Fund. |
6 | | (w) In addition to any other transfers that may be provided |
7 | | for by law, on July 1, 2004, or as soon thereafter as may be |
8 | | practical, the State Comptroller shall direct and the State |
9 | | Treasurer shall transfer the sum of $6,445,000 from the General |
10 | | Revenue Fund to the Presidential Library and Museum Operating |
11 | | Fund.
|
12 | | (x) In addition to any other transfers that may be provided |
13 | | for by law, on January 15, 2005, or as soon thereafter as may |
14 | | be practical, the State Comptroller shall direct and the State |
15 | | Treasurer shall transfer to the General Revenue Fund the |
16 | | following 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 |
25 | | contrary, in addition to any other transfers that may be |
26 | | provided for by law on June 30, 2005, or as soon as may be |
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1 | | practical thereafter, the State Comptroller shall direct and |
2 | | the State Treasurer shall transfer the remaining balance from |
3 | | the designated funds into the General Revenue Fund and any |
4 | | future deposits that would otherwise be made into these funds |
5 | | must 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 |
10 | | for by law, on July 1, 2005, or as soon as may be practical |
11 | | thereafter, the State Comptroller shall direct and the State |
12 | | Treasurer shall transfer the sum of $1,200,000 from the General |
13 | | Revenue Fund to the Violence Prevention Fund.
|
14 | | (aa) In addition to any other transfers that may be |
15 | | provided for by law, on July 1, 2005, or as soon as may be |
16 | | practical thereafter, the State Comptroller shall direct and |
17 | | the State Treasurer shall transfer the sum of $9,000,000 from |
18 | | the General Revenue Fund to the Presidential Library and Museum |
19 | | Operating Fund.
|
20 | | (bb) In addition to any other transfers that may be |
21 | | provided for by law, on July 1, 2005, or as soon as may be |
22 | | practical thereafter, the State Comptroller shall direct and |
23 | | the State Treasurer shall transfer the sum of $6,803,600 from |
24 | | the General Revenue Fund to the Securities Audit and |
25 | | Enforcement Fund.
|
26 | | (cc) In addition to any other transfers that may be |
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1 | | provided for by law, on or after July 1, 2005 and until May 1, |
2 | | 2006, at the direction of and upon notification from the |
3 | | Governor, the State Comptroller shall direct and the State |
4 | | Treasurer shall transfer amounts not exceeding a total of |
5 | | $80,000,000 from the General Revenue Fund to the Tobacco |
6 | | Settlement Recovery Fund. Any amounts so transferred shall be |
7 | | re-transferred by the State Comptroller and the State Treasurer |
8 | | from the Tobacco Settlement Recovery Fund to the General |
9 | | Revenue Fund at the direction of and upon notification from the |
10 | | Governor, but in any event on or before June 30, 2006.
|
11 | | (dd) In addition to any other transfers that may be |
12 | | provided for by law, on April 1, 2005, or as soon thereafter as |
13 | | may be practical, at the direction of the Director of Public |
14 | | Aid (now Director of Healthcare and Family Services), the State |
15 | | Comptroller shall direct and the State Treasurer shall transfer |
16 | | from 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, |
19 | | 2006, or as soon thereafter as practical, the State Comptroller |
20 | | shall direct and the State Treasurer shall transfer the |
21 | | remaining balance from the Illinois Civic Center Bond Fund to |
22 | | the Illinois Civic Center Bond Retirement and Interest Fund. |
23 | | (ff) In addition to any other transfers that may be |
24 | | provided for by law, on and after July 1, 2006 and until June |
25 | | 30, 2007, at the direction of and upon notification from the |
26 | | Director of the Governor's Office of Management and Budget, the |
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1 | | State Comptroller shall direct and the State Treasurer shall |
2 | | transfer amounts not exceeding a total of $1,900,000 from the |
3 | | General Revenue Fund to the Illinois Capital Revolving Loan |
4 | | Fund. |
5 | | (gg) In addition to any other transfers that may be |
6 | | provided for by law, on and after July 1, 2006 and until May 1, |
7 | | 2007, at the direction of and upon notification from the |
8 | | Governor, the State Comptroller shall direct and the State |
9 | | Treasurer shall transfer amounts not exceeding a total of |
10 | | $80,000,000 from the General Revenue Fund to the Tobacco |
11 | | Settlement Recovery Fund. Any amounts so transferred shall be |
12 | | retransferred by the State Comptroller and the State Treasurer |
13 | | from the Tobacco Settlement Recovery Fund to the General |
14 | | Revenue Fund at the direction of and upon notification from the |
15 | | Governor, but in any event on or before June 30, 2007. |
16 | | (hh) In addition to any other transfers that may be |
17 | | provided for by law, on and after July 1, 2006 and until June |
18 | | 30, 2007, at the direction of and upon notification from the |
19 | | Governor, the State Comptroller shall direct and the State |
20 | | Treasurer shall transfer amounts from the Illinois Affordable |
21 | | Housing Trust Fund to the designated funds not exceeding the |
22 | | following 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 |
3 | | provided for by law, on or before August 31, 2006, the Governor |
4 | | and the State Comptroller may agree to transfer the surplus |
5 | | cash balance from the General Revenue Fund to the Budget |
6 | | Stabilization Fund and the Pension Stabilization Fund in equal |
7 | | proportions. The determination of the amount of the surplus |
8 | | cash balance shall be made by the Governor, with the |
9 | | concurrence of the State Comptroller, after taking into account |
10 | | the June 30, 2006 balances in the general funds and the actual |
11 | | or estimated spending from the general funds during the lapse |
12 | | period. Notwithstanding the foregoing, the maximum amount that |
13 | | may be transferred under this subsection (ii) is $50,000,000. |
14 | | (jj) In addition to any other transfers that may be |
15 | | provided for by law, on July 1, 2006, or as soon thereafter as |
16 | | practical, the State Comptroller shall direct and the State |
17 | | Treasurer shall transfer the sum of $8,250,000 from the General |
18 | | Revenue Fund to the Presidential Library and Museum Operating |
19 | | Fund. |
20 | | (kk) In addition to any other transfers that may be |
21 | | provided for by law, on July 1, 2006, or as soon thereafter as |
22 | | practical, the State Comptroller shall direct and the State |
23 | | Treasurer shall transfer the sum of $1,400,000 from the General |
24 | | Revenue Fund to the Violence Prevention Fund.
|
25 | | (ll) In addition to any other transfers that may be |
26 | | provided for by law, on the first day of each calendar quarter |
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1 | | of the fiscal year beginning July 1, 2006, or as soon |
2 | | thereafter as practical, the State Comptroller shall direct and |
3 | | the State Treasurer shall transfer from the General Revenue |
4 | | Fund amounts equal to one-fourth of $20,000,000 to the |
5 | | Renewable Energy Resources Trust Fund. |
6 | | (mm) In addition to any other transfers that may be |
7 | | provided for by law, on July 1, 2006, or as soon thereafter as |
8 | | practical, the State Comptroller shall direct and the State |
9 | | Treasurer shall transfer the sum of $1,320,000 from the General |
10 | | Revenue Fund to the I-FLY Fund. |
11 | | (nn) In addition to any other transfers that may be |
12 | | provided for by law, on July 1, 2006, or as soon thereafter as |
13 | | practical, the State Comptroller shall direct and the State |
14 | | Treasurer shall transfer the sum of $3,000,000 from the General |
15 | | Revenue Fund to the African-American HIV/AIDS Response Fund. |
16 | | (oo) In addition to any other transfers that may be |
17 | | provided for by law, on and after July 1, 2006 and until June |
18 | | 30, 2007, at the direction of and upon notification from the |
19 | | Governor, the State Comptroller shall direct and the State |
20 | | Treasurer shall transfer amounts identified as net receipts |
21 | | from the sale of all or part of the Illinois Student Assistance |
22 | | Commission loan portfolio from the Student Loan Operating Fund |
23 | | to the General Revenue Fund. The maximum amount that may be |
24 | | transferred pursuant to this Section is $38,800,000. In |
25 | | addition, no transfer may be made pursuant to this Section that |
26 | | would have the effect of reducing the available balance in the |
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1 | | Student Loan Operating Fund to an amount less than the amount |
2 | | remaining unexpended and unreserved from the total |
3 | | appropriations from the Fund estimated to be expended for the |
4 | | fiscal year. The State Treasurer and Comptroller shall transfer |
5 | | the amounts designated under this Section as soon as may be |
6 | | practical after receiving the direction to transfer from the |
7 | | Governor.
|
8 | | (pp)
In addition to any other transfers that may be |
9 | | provided for by law, on July 1, 2006, or as soon thereafter as |
10 | | practical, the State Comptroller shall direct and the State |
11 | | Treasurer shall transfer the sum of $2,000,000 from the General |
12 | | Revenue Fund to the Illinois Veterans Assistance Fund. |
13 | | (qq) In addition to any other transfers that may be |
14 | | provided for by law, on and after July 1, 2007 and until May 1, |
15 | | 2008, at the direction of and upon notification from the |
16 | | Governor, the State Comptroller shall direct and the State |
17 | | Treasurer shall transfer amounts not exceeding a total of |
18 | | $80,000,000 from the General Revenue Fund to the Tobacco |
19 | | Settlement Recovery Fund. Any amounts so transferred shall be |
20 | | retransferred by the State Comptroller and the State Treasurer |
21 | | from the Tobacco Settlement Recovery Fund to the General |
22 | | Revenue Fund at the direction of and upon notification from the |
23 | | Governor, but in any event on or before June 30, 2008. |
24 | | (rr) In addition to any other transfers that may be |
25 | | provided for by law, on and after July 1, 2007 and until June |
26 | | 30, 2008, at the direction of and upon notification from the |
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1 | | Governor, the State Comptroller shall direct and the State |
2 | | Treasurer shall transfer amounts from the Illinois Affordable |
3 | | Housing Trust Fund to the designated funds not exceeding the |
4 | | following 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 |
11 | | provided for by law, on July 1, 2007, or as soon thereafter as |
12 | | practical, the State Comptroller shall direct and the State |
13 | | Treasurer shall transfer the sum of $8,250,000 from the General |
14 | | Revenue Fund to the Presidential Library and Museum Operating |
15 | | Fund. |
16 | | (tt) In addition to any other transfers that may be |
17 | | provided for by law, on July 1, 2007, or as soon thereafter as |
18 | | practical, the State Comptroller shall direct and the State |
19 | | Treasurer shall transfer the sum of $1,400,000 from the General |
20 | | Revenue Fund to the Violence Prevention Fund.
|
21 | | (uu) In addition to any other transfers that may be |
22 | | provided for by law, on July 1, 2007, or as soon thereafter as |
23 | | practical, the State Comptroller shall direct and the State |
24 | | Treasurer shall transfer the sum of $1,320,000 from the General |
25 | | Revenue Fund to the I-FLY Fund. |
26 | | (vv) In addition to any other transfers that may be |
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1 | | provided for by law, on July 1, 2007, or as soon thereafter as |
2 | | practical, the State Comptroller shall direct and the State |
3 | | Treasurer shall transfer the sum of $3,000,000 from the General |
4 | | Revenue Fund to the African-American HIV/AIDS Response Fund. |
5 | | (ww) In addition to any other transfers that may be |
6 | | provided for by law, on July 1, 2007, or as soon thereafter as |
7 | | practical, the State Comptroller shall direct and the State |
8 | | Treasurer shall transfer the sum of $3,500,000 from the General |
9 | | Revenue Fund to the Predatory Lending Database Program Fund. |
10 | | (xx) In addition to any other transfers that may be |
11 | | provided for by law, on July 1, 2007, or as soon thereafter as |
12 | | practical, the State Comptroller shall direct and the State |
13 | | Treasurer shall transfer the sum of $5,000,000 from the General |
14 | | Revenue Fund to the Digital Divide Elimination Fund. |
15 | | (yy) In addition to any other transfers that may be |
16 | | provided for by law, on July 1, 2007, or as soon thereafter as |
17 | | practical, the State Comptroller shall direct and the State |
18 | | Treasurer shall transfer the sum of $4,000,000 from the General |
19 | | Revenue Fund to the Digital Divide Elimination Infrastructure |
20 | | Fund. |
21 | | (zz) In addition to any other transfers that may be |
22 | | provided for by law, on July 1, 2008, or as soon thereafter as |
23 | | practical, the State Comptroller shall direct and the State |
24 | | Treasurer shall transfer the sum of $5,000,000 from the General |
25 | | Revenue Fund to the Digital Divide Elimination Fund. |
26 | | (aaa) In addition to any other transfers that may be |
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1 | | provided for by law, on and after July 1, 2008 and until May 1, |
2 | | 2009, at the direction of and upon notification from the |
3 | | Governor, the State Comptroller shall direct and the State |
4 | | Treasurer shall transfer amounts not exceeding a total of |
5 | | $80,000,000 from the General Revenue Fund to the Tobacco |
6 | | Settlement Recovery Fund. Any amounts so transferred shall be |
7 | | retransferred by the State Comptroller and the State Treasurer |
8 | | from the Tobacco Settlement Recovery Fund to the General |
9 | | Revenue Fund at the direction of and upon notification from the |
10 | | Governor, but in any event on or before June 30, 2009. |
11 | | (bbb) In addition to any other transfers that may be |
12 | | provided for by law, on and after July 1, 2008 and until June |
13 | | 30, 2009, at the direction of and upon notification from the |
14 | | Governor, the State Comptroller shall direct and the State |
15 | | Treasurer shall transfer amounts from the Illinois Affordable |
16 | | Housing Trust Fund to the designated funds not exceeding the |
17 | | following 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 |
24 | | provided for by law, on July 1, 2008, or as soon thereafter as |
25 | | practical, the State Comptroller shall direct and the State |
26 | | Treasurer shall transfer the sum of $7,450,000 from the General |
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1 | | Revenue Fund to the Presidential Library and Museum Operating |
2 | | Fund. |
3 | | (ddd) In addition to any other transfers that may be |
4 | | provided for by law, on July 1, 2008, or as soon thereafter as |
5 | | practical, the State Comptroller shall direct and the State |
6 | | Treasurer shall transfer the sum of $1,400,000 from the General |
7 | | Revenue Fund to the Violence Prevention Fund. |
8 | | (eee) In addition to any other transfers that may be |
9 | | provided for by law, on July 1, 2009, or as soon thereafter as |
10 | | practical, the State Comptroller shall direct and the State |
11 | | Treasurer shall transfer the sum of $5,000,000 from the General |
12 | | Revenue Fund to the Digital Divide Elimination Fund. |
13 | | (fff) In addition to any other transfers that may be |
14 | | provided for by law, on and after July 1, 2009 and until May 1, |
15 | | 2010, at the direction of and upon notification from the |
16 | | Governor, the State Comptroller shall direct and the State |
17 | | Treasurer shall transfer amounts not exceeding a total of |
18 | | $80,000,000 from the General Revenue Fund to the Tobacco |
19 | | Settlement Recovery Fund. Any amounts so transferred shall be |
20 | | retransferred by the State Comptroller and the State Treasurer |
21 | | from the Tobacco Settlement Recovery Fund to the General |
22 | | Revenue Fund at the direction of and upon notification from the |
23 | | Governor, but in any event on or before June 30, 2010. |
24 | | (ggg) In addition to any other transfers that may be |
25 | | provided for by law, on July 1, 2009, or as soon thereafter as |
26 | | practical, the State Comptroller shall direct and the State |
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1 | | Treasurer shall transfer the sum of $7,450,000 from the General |
2 | | Revenue Fund to the Presidential Library and Museum Operating |
3 | | Fund. |
4 | | (hhh) In addition to any other transfers that may be |
5 | | provided for by law, on July 1, 2009, or as soon thereafter as |
6 | | practical, the State Comptroller shall direct and the State |
7 | | Treasurer shall transfer the sum of $1,400,000 from the General |
8 | | Revenue Fund to the Violence Prevention Fund. |
9 | | (iii) In addition to any other transfers that may be |
10 | | provided for by law, on July 1, 2009, or as soon thereafter as |
11 | | practical, the State Comptroller shall direct and the State |
12 | | Treasurer shall transfer the sum of $100,000 from the General |
13 | | Revenue Fund to the Heartsaver AED Fund. |
14 | | (jjj) In addition to any other transfers that may be |
15 | | provided for by law, on and after July 1, 2009 and until June |
16 | | 30, 2010, at the direction of and upon notification from the |
17 | | Governor, the State Comptroller shall direct and the State |
18 | | Treasurer shall transfer amounts not exceeding a total of |
19 | | $17,000,000 from the General Revenue Fund to the DCFS |
20 | | Children's Services Fund. |
21 | | (lll) In addition to any other transfers that may be |
22 | | provided for by law, on July 1, 2009, or as soon thereafter as |
23 | | practical, the State Comptroller shall direct and the State |
24 | | Treasurer shall transfer the sum of $5,000,000 from the General |
25 | | Revenue Fund to the Communications Revolving Fund. |
26 | | (mmm) In addition to any other transfers that may be |
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1 | | provided for by law, on July 1, 2009, or as soon thereafter as |
2 | | practical, the State Comptroller shall direct and the State |
3 | | Treasurer shall transfer the sum of $9,700,000 from the General |
4 | | Revenue Fund to the Senior Citizens Real Estate Deferred Tax |
5 | | Revolving Fund. |
6 | | (nnn) In addition to any other transfers that may be |
7 | | provided for by law, on July 1, 2009, or as soon thereafter as |
8 | | practical, the State Comptroller shall direct and the State |
9 | | Treasurer shall transfer the sum of $565,000 from the FY09 |
10 | | Budget Relief Fund to the Horse Racing Fund. |
11 | | (ooo) In addition to any other transfers that may be |
12 | | provided by law, on July 1, 2009, or as soon thereafter as |
13 | | practical, the State Comptroller shall direct and the State |
14 | | Treasurer shall transfer the sum of $600,000 from the General |
15 | | Revenue Fund to the Temporary Relocation Expenses Revolving |
16 | | Fund. |
17 | | (ppp) In addition to any other transfers that may be |
18 | | provided for by law, on July 1, 2010, or as soon thereafter as |
19 | | practical, the State Comptroller shall direct and the State |
20 | | Treasurer shall transfer the sum of $5,000,000 from the General |
21 | | Revenue Fund to the Digital Divide Elimination Fund. |
22 | | (qqq) In addition to any other transfers that may be |
23 | | provided for by law, on and after July 1, 2010 and until May 1, |
24 | | 2011, at the direction of and upon notification from the |
25 | | Governor, the State Comptroller shall direct and the State |
26 | | Treasurer shall transfer amounts not exceeding a total of |
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1 | | $80,000,000 from the General Revenue Fund to the Tobacco |
2 | | Settlement Recovery Fund. Any amounts so transferred shall be |
3 | | retransferred by the State Comptroller and the State Treasurer |
4 | | from the Tobacco Settlement Recovery Fund to the General |
5 | | Revenue Fund at the direction of and upon notification from the |
6 | | Governor, but in any event on or before June 30, 2011. |
7 | | (rrr) In addition to any other transfers that may be |
8 | | provided for by law, on July 1, 2010, or as soon thereafter as |
9 | | practical, the State Comptroller shall direct and the State |
10 | | Treasurer shall transfer the sum of $6,675,000 from the General |
11 | | Revenue Fund to the Presidential Library and Museum Operating |
12 | | Fund. |
13 | | (sss) In addition to any other transfers that may be |
14 | | provided for by law, on July 1, 2010, or as soon thereafter as |
15 | | practical, the State Comptroller shall direct and the State |
16 | | Treasurer shall transfer the sum of $1,400,000 from the General |
17 | | Revenue Fund to the Violence Prevention Fund. |
18 | | (ttt) In addition to any other transfers that may be |
19 | | provided for by law, on July 1, 2010, or as soon thereafter as |
20 | | practical, the State Comptroller shall direct and the State |
21 | | Treasurer shall transfer the sum of $100,000 from the General |
22 | | Revenue Fund to the Heartsaver AED Fund. |
23 | | (uuu) In addition to any other transfers that may be |
24 | | provided for by law, on July 1, 2010, or as soon thereafter as |
25 | | practical, the State Comptroller shall direct and the State |
26 | | Treasurer shall transfer the sum of $5,000,000 from the General |
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1 | | Revenue Fund to the Communications Revolving Fund. |
2 | | (vvv) In addition to any other transfers that may be |
3 | | provided for by law, on July 1, 2010, or as soon thereafter as |
4 | | practical, the State Comptroller shall direct and the State |
5 | | Treasurer shall transfer the sum of $3,000,000 from the General |
6 | | Revenue Fund to the Illinois Capital Revolving Loan Fund. |
7 | | (www) In addition to any other transfers that may be |
8 | | provided for by law, on July 1, 2010, or as soon thereafter as |
9 | | practical, the State Comptroller shall direct and the State |
10 | | Treasurer shall transfer the sum of $17,000,000 from the |
11 | | General Revenue Fund to the DCFS Children's Services Fund. |
12 | | (xxx) In addition to any other transfers that may be |
13 | | provided for by law, on July 1, 2010, or as soon thereafter as |
14 | | practical, the State Comptroller shall direct and the State |
15 | | Treasurer shall transfer the sum of $2,000,000 from the Digital |
16 | | Divide Elimination Infrastructure Fund, of which $1,000,000 |
17 | | shall go to the Workforce, Technology, and Economic Development |
18 | | Fund and $1,000,000 to the Public Utility Fund. |
19 | | (yyy) In addition to any other transfers that may be |
20 | | provided for by law, on and after July 1, 2011 and until May 1, |
21 | | 2012, at the direction of and upon notification from the |
22 | | Governor, the State Comptroller shall direct and the State |
23 | | Treasurer shall transfer amounts not exceeding a total of |
24 | | $80,000,000 from the General Revenue Fund to the Tobacco |
25 | | Settlement Recovery Fund. Any amounts so transferred shall be |
26 | | retransferred by the State Comptroller and the State Treasurer |
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1 | | from the Tobacco Settlement Recovery Fund to the General |
2 | | Revenue Fund at the direction of and upon notification from the |
3 | | Governor, but in any event on or before June 30, 2012. |
4 | | (zzz) In addition to any other transfers that may be |
5 | | provided for by law, on July 1, 2011, or as soon thereafter as |
6 | | practical, the State Comptroller shall direct and the State |
7 | | Treasurer shall transfer the sum of $1,000,000 from the General |
8 | | Revenue Fund to the Illinois Veterans Assistance Fund. |
9 | | (aaaa) In addition to any other transfers that may be |
10 | | provided for by law, on July 1, 2011, or as soon thereafter as |
11 | | practical, the State Comptroller shall direct and the State |
12 | | Treasurer shall transfer the sum of $8,000,000 from the General |
13 | | Revenue Fund to the Presidential Library and Museum Operating |
14 | | Fund. |
15 | | (bbbb) In addition to any other transfers that may be |
16 | | provided for by law, on July 1, 2011, or as soon thereafter as |
17 | | practical, the State Comptroller shall direct and the State |
18 | | Treasurer shall transfer the sum of $1,400,000 from the General |
19 | | Revenue Fund to the Violence Prevention Fund. |
20 | | (cccc) In addition to any other transfers that may be |
21 | | provided for by law, on July 1, 2011, or as soon thereafter as |
22 | | practical, the State Comptroller shall direct and the State |
23 | | Treasurer shall transfer the sum of $14,100,000 from the |
24 | | General Revenue Fund to the State Garage Revolving Fund. |
25 | | (dddd) In addition to any other transfers that may be |
26 | | provided for by law, on July 1, 2011, or as soon thereafter as |
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1 | | practical, the State Comptroller shall direct and the State |
2 | | Treasurer shall transfer the sum of $4,000,000 from the General |
3 | | Revenue Fund to the Digital Divide Elimination Fund. |
4 | | (eeee) In addition to any other transfers that may be |
5 | | provided for by law, on July 1, 2011, or as soon thereafter as |
6 | | practical, the State Comptroller shall direct and the State |
7 | | Treasurer shall transfer the sum of $500,000 from the General |
8 | | Revenue Fund to the Senior Citizens Real Estate Deferred Tax |
9 | | Revolving 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 |
14 | | for by law, on and after July 1, 2012 and until May 1, 2013, at |
15 | | the direction of and upon notification from the Governor, the |
16 | | State Comptroller shall direct and the State Treasurer shall |
17 | | transfer amounts not exceeding a total of $80,000,000 from the |
18 | | General Revenue Fund to the Tobacco Settlement Recovery Fund. |
19 | | Any amounts so transferred shall be retransferred by the State |
20 | | Comptroller and the State Treasurer from the Tobacco Settlement |
21 | | Recovery Fund to the General Revenue Fund at the direction of |
22 | | and upon notification from the Governor, but in any event on or |
23 | | before June 30, 2013.
|
24 | | (b) In addition to any other transfers that may be provided |
25 | | for by law, on and after July 1, 2013 and until May 1, 2014, at |
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1 | | the direction of and upon notification from the Governor, the |
2 | | State Comptroller shall direct and the State Treasurer shall |
3 | | transfer amounts not exceeding a total of $80,000,000 from the |
4 | | General Revenue Fund to the Tobacco Settlement Recovery Fund. |
5 | | Any amounts so transferred shall be retransferred by the State |
6 | | Comptroller and the State Treasurer from the Tobacco Settlement |
7 | | Recovery Fund to the General Revenue Fund at the direction of |
8 | | and upon notification from the Governor, but in any event on or |
9 | | before June 30, 2014. |
10 | | (c) In addition to any other transfers that may be provided |
11 | | for by law, on July 1, 2013, or as soon thereafter as |
12 | | practical, the State Comptroller shall direct and the State |
13 | | Treasurer shall transfer the sum of $1,400,000 from the General |
14 | | Revenue Fund to the ICJIA Violence Prevention Fund. |
15 | | (d) In addition to any other transfers that may be provided |
16 | | for by law, on July 1, 2013, or as soon thereafter as |
17 | | practical, the State Comptroller shall direct and the State |
18 | | Treasurer shall transfer the sum of $1,500,000 from the General |
19 | | Revenue Fund to the Illinois Veterans Assistance Fund. |
20 | | (e) In addition to any other transfers that may be provided |
21 | | for by law, on July 1, 2013, or as soon thereafter as |
22 | | practical, the State Comptroller shall direct and the State |
23 | | Treasurer shall transfer the sum of $500,000 from the General |
24 | | Revenue Fund to the Senior Citizens Real Estate Deferred Tax |
25 | | Revolving Fund. |
26 | | (f) In addition to any other transfers that may be provided |
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1 | | for by law, on July 1, 2013, or as soon thereafter as |
2 | | practical, the State Comptroller shall direct and the State |
3 | | Treasurer shall transfer the sum of $4,000,000 from the General |
4 | | Revenue Fund to the Digital Divide Elimination Fund. |
5 | | (g) In addition to any other transfers that may be provided |
6 | | for by law, on July 1, 2013, or as soon thereafter as |
7 | | practical, the State Comptroller shall direct and the State |
8 | | Treasurer shall transfer the sum of $5,000,000 from the General |
9 | | Revenue Fund to the Communications Revolving Fund. |
10 | | (h) In addition to any other transfers that may be provided |
11 | | for by law, on July 1, 2013, or as soon thereafter as |
12 | | practical, the State Comptroller shall direct and the State |
13 | | Treasurer shall transfer the sum of $9,800,000 from the General |
14 | | Revenue Fund to the Presidential Library and Museum Operating |
15 | | Fund. |
16 | | (i) In addition to any other transfers that may be provided |
17 | | for by law, on and after July 1, 2014 and until May 1, 2015, at |
18 | | the direction of and upon notification from the Governor, the |
19 | | State Comptroller shall direct and the State Treasurer shall |
20 | | transfer amounts not exceeding a total of $80,000,000 from the |
21 | | General Revenue Fund to the Tobacco Settlement Recovery Fund. |
22 | | Any amounts so transferred shall be retransferred by the State |
23 | | Comptroller and the State Treasurer from the Tobacco Settlement |
24 | | Recovery Fund to the General Revenue Fund at the direction of |
25 | | and upon notification from the Governor, but in any event on or |
26 | | before June 30, 2015. |
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1 | | (j) In addition to any other transfers that may be provided |
2 | | for by law, on July 1, 2014, or as soon thereafter as |
3 | | practical, the State Comptroller shall direct and the State |
4 | | Treasurer shall transfer the sum of $10,000,000 from the |
5 | | General Revenue Fund to the Presidential Library and Museum |
6 | | Operating Fund. |
7 | | (k) In addition to any other transfers that may be provided |
8 | | for by law, as soon as practical, the State Comptroller shall |
9 | | direct and the State Treasurer shall transfer the sum of |
10 | | $500,000 from the General Revenue Fund to the Grant |
11 | | Accountability and Transparency Fund. |
12 | | (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; |
13 | | 98-674, 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
|
17 | | treasury fund for the objects specified in this Section may be |
18 | | made in
the manner provided in this Section when the balance |
19 | | remaining in one or
more such line item appropriations is |
20 | | insufficient for the purpose for
which the appropriation was |
21 | | made. |
22 | | (a-1) No transfers may be made from one
agency to another |
23 | | agency, nor may transfers be made from one institution
of |
24 | | higher education to another institution of higher education |
25 | | except as provided by subsection (a-4).
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1 | | (a-2) Except as otherwise provided in this Section, |
2 | | transfers may be made only among the objects of expenditure |
3 | | enumerated
in this Section, except that no funds may be |
4 | | transferred from any
appropriation for personal services, from |
5 | | any appropriation for State
contributions to the State |
6 | | Employees' Retirement System, from any
separate appropriation |
7 | | for employee retirement contributions paid by the
employer, nor |
8 | | from any appropriation for State contribution for
employee |
9 | | group insurance. During State fiscal year 2005, an agency may |
10 | | transfer amounts among its appropriations within the same |
11 | | treasury fund for personal services, employee retirement |
12 | | contributions paid by employer, and State Contributions to |
13 | | retirement systems; notwithstanding and in addition to the |
14 | | transfers authorized in subsection (c) of this Section, the |
15 | | fiscal year 2005 transfers authorized in this sentence may be |
16 | | made in an amount not to exceed 2% of the aggregate amount |
17 | | appropriated to an agency within the same treasury fund. During |
18 | | State fiscal year 2007, the Departments of Children and Family |
19 | | Services, Corrections, Human Services, and Juvenile Justice |
20 | | may transfer amounts among their respective appropriations |
21 | | within the same treasury fund for personal services, employee |
22 | | retirement contributions paid by employer, and State |
23 | | contributions to retirement systems. During State fiscal year |
24 | | 2010, the Department of Transportation may transfer amounts |
25 | | among their respective appropriations within the same treasury |
26 | | fund for personal services, employee retirement contributions |
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1 | | paid by employer, and State contributions to retirement |
2 | | systems. During State fiscal years 2010 and 2014 only, an |
3 | | agency may transfer amounts among its respective |
4 | | appropriations within the same treasury fund for personal |
5 | | services, employee retirement contributions paid by employer, |
6 | | and State contributions to retirement systems. |
7 | | Notwithstanding, and in addition to, the transfers authorized |
8 | | in subsection (c) of this Section, these transfers may be made |
9 | | in an amount not to exceed 2% of the aggregate amount |
10 | | appropriated to an agency within the same treasury fund.
|
11 | | (a-2.5) During State fiscal year 2015 only, the State's |
12 | | Attorneys Appellate Prosecutor may transfer amounts among its |
13 | | respective appropriations contained in operational line items |
14 | | within the same treasury fund. Notwithstanding, and in addition |
15 | | to, the transfers authorized in subsection (c) of this Section, |
16 | | these transfers may be made in an amount not to exceed 4% of |
17 | | the aggregate amount appropriated to the State's Attorneys |
18 | | Appellate Prosecutor within the same treasury fund. |
19 | | (a-3) Further, if an agency receives a separate
|
20 | | appropriation for employee retirement contributions paid by |
21 | | the employer,
any transfer by that agency into an appropriation |
22 | | for personal services
must be accompanied by a corresponding |
23 | | transfer into the appropriation for
employee retirement |
24 | | contributions paid by the employer, in an amount
sufficient to |
25 | | meet the employer share of the employee contributions
required |
26 | | to be remitted to the retirement system. |
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1 | | (a-4) Long-Term Care Rebalancing. The Governor may |
2 | | designate amounts set aside for institutional services |
3 | | appropriated from the General Revenue Fund or any other State |
4 | | fund that receives monies for long-term care services to be |
5 | | transferred to all State agencies responsible for the |
6 | | administration of community-based long-term care programs, |
7 | | including, but not limited to, community-based long-term care |
8 | | programs administered by the Department of Healthcare and |
9 | | Family Services, the Department of Human Services, and the |
10 | | Department on Aging, provided that the Director of Healthcare |
11 | | and Family Services first certifies that the amounts being |
12 | | transferred are necessary for the purpose of assisting persons |
13 | | in or at risk of being in institutional care to transition to |
14 | | community-based settings, including the financial data needed |
15 | | to prove the need for the transfer of funds. The total amounts |
16 | | transferred shall not exceed 4% in total of the amounts |
17 | | appropriated from the General Revenue Fund or any other State |
18 | | fund that receives monies for long-term care services for each |
19 | | fiscal year. A notice of the fund transfer must be made to the |
20 | | General Assembly and posted at a minimum on the Department of |
21 | | Healthcare and Family Services website, the Governor's Office |
22 | | of Management and Budget website, and any other website the |
23 | | Governor sees fit. These postings shall serve as notice to the |
24 | | General Assembly of the amounts to be transferred. Notice shall |
25 | | be given at least 30 days prior to transfer. |
26 | | (b) In addition to the general transfer authority provided |
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1 | | under
subsection (c), the following agencies have the specific |
2 | | transfer authority
granted in this subsection: |
3 | | The Department of Healthcare and Family Services is |
4 | | authorized to make transfers
representing savings attributable |
5 | | to not increasing grants due to the
births of additional |
6 | | children from line items for payments of cash grants to
line |
7 | | items for payments for employment and social services for the |
8 | | purposes
outlined in subsection (f) of Section 4-2 of the |
9 | | Illinois Public Aid Code. |
10 | | The Department of Children and Family Services is |
11 | | authorized to make
transfers not exceeding 2% of the aggregate |
12 | | amount appropriated to it within
the same treasury fund for the |
13 | | following line items among these same line
items: Foster Home |
14 | | and Specialized Foster Care and Prevention, Institutions
and |
15 | | Group Homes and Prevention, and Purchase of Adoption and |
16 | | Guardianship
Services. |
17 | | The Department on Aging is authorized to make transfers not
|
18 | | exceeding 2% of the aggregate amount appropriated to it within |
19 | | the same
treasury fund for the following Community Care Program |
20 | | line items among these
same line items: purchase of services |
21 | | covered by the Community Care Program and Comprehensive Case |
22 | | Coordination. |
23 | | The State Treasurer is authorized to make transfers among |
24 | | line item
appropriations
from the Capital Litigation Trust |
25 | | Fund, with respect to costs incurred in
fiscal years 2002 and |
26 | | 2003 only, when the balance remaining in one or
more such
line |
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1 | | item appropriations is insufficient for the purpose for which |
2 | | the
appropriation was
made, provided that no such transfer may |
3 | | be made unless the amount transferred
is no
longer required for |
4 | | the purpose for which that appropriation was made. |
5 | | The State Board of Education is authorized to make |
6 | | transfers from line item appropriations within the same |
7 | | treasury fund for General State Aid and General State Aid - |
8 | | Hold Harmless, provided that no such transfer may be made |
9 | | unless the amount transferred is no longer required for the |
10 | | purpose for which that appropriation was made, to the line item |
11 | | appropriation for Transitional Assistance when the balance |
12 | | remaining in such line item appropriation is insufficient for |
13 | | the purpose for which the appropriation was made. |
14 | | The State Board of Education is authorized to make |
15 | | transfers between the following line item appropriations |
16 | | within the same treasury fund: Disabled Student |
17 | | Services/Materials (Section 14-13.01 of the School Code), |
18 | | Disabled Student Transportation Reimbursement (Section |
19 | | 14-13.01 of the School Code), Disabled Student Tuition - |
20 | | Private Tuition (Section 14-7.02 of the School Code), |
21 | | Extraordinary Special Education (Section 14-7.02b of the |
22 | | School Code), Reimbursement for Free Lunch/Breakfast Program, |
23 | | Summer School Payments (Section 18-4.3 of the School Code), and |
24 | | Transportation - Regular/Vocational Reimbursement (Section |
25 | | 29-5 of the School Code). Such transfers shall be made only |
26 | | when the balance remaining in one or more such line item |
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1 | | appropriations is insufficient for the purpose for which the |
2 | | appropriation was made and provided that no such transfer may |
3 | | be made unless the amount transferred is no longer required for |
4 | | the purpose for which that appropriation was made. |
5 | | The Department of Healthcare and Family Services is |
6 | | authorized to make transfers not exceeding 4% of the aggregate |
7 | | amount appropriated to it, within the same treasury fund, among |
8 | | the various line items appropriated for Medical Assistance. |
9 | | (c) The sum of such transfers for an agency in a fiscal |
10 | | year shall not
exceed 2% of the aggregate amount appropriated |
11 | | to it within the same treasury
fund for the following objects: |
12 | | Personal Services; Extra Help; Student and
Inmate |
13 | | Compensation; State Contributions to Retirement Systems; State
|
14 | | Contributions to Social Security; State Contribution for |
15 | | Employee Group
Insurance; Contractual Services; Travel; |
16 | | Commodities; Printing; Equipment;
Electronic Data Processing; |
17 | | Operation of Automotive Equipment;
Telecommunications |
18 | | Services; Travel and Allowance for Committed, Paroled
and |
19 | | Discharged Prisoners; Library Books; Federal Matching Grants |
20 | | for
Student Loans; Refunds; Workers' Compensation, |
21 | | Occupational Disease, and
Tort Claims; and, in appropriations |
22 | | to institutions of higher education,
Awards and Grants. |
23 | | Notwithstanding the above, any amounts appropriated for
|
24 | | payment of workers' compensation claims to an agency to which |
25 | | the authority
to evaluate, administer and pay such claims has |
26 | | been delegated by the
Department of Central Management Services |
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1 | | may be transferred to any other
expenditure object where such |
2 | | amounts exceed the amount necessary for the
payment of such |
3 | | claims. |
4 | | (c-1) Special provisions for State fiscal year 2003. |
5 | | Notwithstanding any
other provision of this Section to the |
6 | | contrary, for State fiscal year 2003
only, transfers among line |
7 | | item appropriations to an agency from the same
treasury fund |
8 | | may be made provided that the sum of such transfers for an |
9 | | agency
in State fiscal year 2003 shall not exceed 3% of the |
10 | | aggregate amount
appropriated to that State agency for State |
11 | | fiscal year 2003 for the following
objects: personal services, |
12 | | except that no transfer may be approved which
reduces the |
13 | | aggregate appropriations for personal services within an |
14 | | agency;
extra help; student and inmate compensation; State
|
15 | | contributions to retirement systems; State contributions to |
16 | | social security;
State contributions for employee group |
17 | | insurance; contractual services; travel;
commodities; |
18 | | printing; equipment; electronic data processing; operation of
|
19 | | automotive equipment; telecommunications services; travel and |
20 | | allowance for
committed, paroled, and discharged prisoners; |
21 | | library books; federal matching
grants for student loans; |
22 | | refunds; workers' compensation, occupational disease,
and tort |
23 | | claims; and, in appropriations to institutions of higher |
24 | | education,
awards and grants. |
25 | | (c-2) Special provisions for State fiscal year 2005. |
26 | | Notwithstanding subsections (a), (a-2), and (c), for State |
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1 | | fiscal year 2005 only, transfers may be made among any line |
2 | | item appropriations from the same or any other treasury fund |
3 | | for any objects or purposes, without limitation, when the |
4 | | balance remaining in one or more such line item appropriations |
5 | | is insufficient for the purpose for which the appropriation was |
6 | | made, provided that the sum of those transfers by a State |
7 | | agency shall not exceed 4% of the aggregate amount appropriated |
8 | | to that State agency for fiscal year 2005.
|
9 | | (c-3) Special provisions for State fiscal year 2015. |
10 | | Notwithstanding any other provision of this Section, for State |
11 | | fiscal year 2015, transfers among line item appropriations to a |
12 | | State agency from the same State treasury fund may be made for |
13 | | operational or lump sum expenses only, provided that the sum of |
14 | | such transfers for a State agency in State fiscal year 2015 |
15 | | shall not exceed 4% of the aggregate amount appropriated to |
16 | | that State agency for operational or lump sum expenses for |
17 | | State fiscal year 2015. For the purpose of this subsection, |
18 | | "operational or lump sum expenses" includes the following |
19 | | objects: personal services; extra help; student and inmate |
20 | | compensation; State contributions to retirement systems; State |
21 | | contributions to social security; State contributions for |
22 | | employee group insurance; contractual services; travel; |
23 | | commodities; printing; equipment; electronic data processing; |
24 | | operation of automotive equipment; telecommunications |
25 | | services; travel and allowance for committed, paroled, and |
26 | | discharged prisoners; library books; federal matching grants |
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1 | | for student loans; refunds; workers' compensation, |
2 | | occupational disease, and tort claims; lump sum and other |
3 | | purposes; and lump sum operations. For the purpose of this |
4 | | subsection (c-3), "State agency" does not include the Attorney |
5 | | General, the Secretary of State, the Comptroller, the |
6 | | Treasurer, or the legislative or judicial branches. |
7 | | (c-4) Special provisions for State fiscal year 2018. |
8 | | Notwithstanding any other provision of this Section, for State |
9 | | fiscal year 2018, transfers among line item appropriations to a |
10 | | State agency from the same State treasury fund may be made for |
11 | | operational or lump sum expenses only, provided that the sum of |
12 | | such transfers for a State agency in State fiscal year 2018 |
13 | | shall not exceed 4% of the aggregate amount appropriated to |
14 | | that State agency for operational or lump sum expenses for |
15 | | State fiscal year 2018. For the purpose of this subsection |
16 | | (c-4), "operational or lump sum expenses" includes the |
17 | | following objects: personal services; extra help; student and |
18 | | inmate compensation; State contributions to retirement |
19 | | systems; State contributions to social security; State |
20 | | contributions for employee group insurance; contractual |
21 | | services; travel; commodities; printing; equipment; electronic |
22 | | data processing; operation of automotive equipment; |
23 | | telecommunications services; travel and allowance for |
24 | | committed, paroled, and discharged prisoners; library books; |
25 | | federal matching grants for student loans; refunds; workers' |
26 | | compensation, occupational disease, and tort claims; lump sum |
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1 | | and other purposes; and lump sum operations. For the purpose of |
2 | | this subsection (c-4), "State agency" does not include the |
3 | | Attorney General, the Secretary of State, the Comptroller, the |
4 | | Treasurer, or the legislative or judicial branches. |
5 | | (d) Transfers among appropriations made to agencies of the |
6 | | Legislative
and Judicial departments and to the |
7 | | constitutionally elected officers in the
Executive branch |
8 | | require the approval of the officer authorized in Section 10
of |
9 | | this Act to approve and certify vouchers. Transfers among |
10 | | appropriations
made to the University of Illinois, Southern |
11 | | Illinois University, Chicago State
University, Eastern |
12 | | Illinois University, Governors State University, Illinois
|
13 | | State University, Northeastern Illinois University, Northern |
14 | | Illinois
University, Western Illinois University, the Illinois |
15 | | Mathematics and Science
Academy and the Board of Higher |
16 | | Education require the approval of the Board of
Higher Education |
17 | | and the Governor. Transfers among appropriations to all other
|
18 | | agencies require the approval of the Governor. |
19 | | The officer responsible for approval shall certify that the
|
20 | | transfer is necessary to carry out the programs and purposes |
21 | | for which
the appropriations were made by the General Assembly |
22 | | and shall transmit
to the State Comptroller a certified copy of |
23 | | the approval which shall
set forth the specific amounts |
24 | | transferred so that the Comptroller may
change his records |
25 | | accordingly. The Comptroller shall furnish the
Governor with |
26 | | information copies of all transfers approved for agencies
of |
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1 | | the Legislative and Judicial departments and transfers |
2 | | approved by
the constitutionally elected officials of the |
3 | | Executive branch other
than the Governor, showing the amounts |
4 | | transferred and indicating the
dates such changes were entered |
5 | | on the Comptroller's records. |
6 | | (e) The State Board of Education, in consultation with the |
7 | | State Comptroller, may transfer line item appropriations for |
8 | | General State Aid between the Common School Fund and the |
9 | | Education Assistance Fund. With the advice and consent of the |
10 | | Governor's Office of Management and Budget, the State Board of |
11 | | Education, in consultation with the State Comptroller, may |
12 | | transfer line item appropriations between the General Revenue |
13 | | Fund and the Education Assistance Fund for the following |
14 | | programs: |
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, |
7 | | eff. 3-26-15.)
|
8 | | Section 5-15. The State Revenue Sharing Act is amended by |
9 | | changing Section 12 as follows:
|
10 | | (30 ILCS 115/12) (from Ch. 85, par. 616)
|
11 | | Sec. 12. Personal Property Tax Replacement Fund. There is |
12 | | hereby
created the Personal Property Tax Replacement Fund, a |
13 | | special fund in
the State Treasury into which shall be paid all |
14 | | revenue realized:
|
15 | | (a) all amounts realized from the additional personal |
16 | | property tax
replacement income tax imposed by subsections (c) |
17 | | and (d) of Section 201 of the
Illinois Income Tax Act, except |
18 | | for those amounts deposited into the Income Tax
Refund Fund |
19 | | pursuant to subsection (c) of Section 901 of the Illinois |
20 | | Income
Tax Act; and
|
21 | | (b) all amounts realized from the additional personal |
22 | | property replacement
invested capital taxes imposed by Section |
23 | | 2a.1 of the Messages Tax
Act, Section 2a.1 of the Gas Revenue |
24 | | Tax Act, Section 2a.1 of the Public
Utilities Revenue Act, and |
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1 | | Section 3 of the Water Company Invested Capital
Tax Act, and |
2 | | amounts payable to the Department of Revenue under the
|
3 | | Telecommunications Infrastructure Maintenance Fee Act.
|
4 | | As soon as may be after the end of each month, the |
5 | | Department of Revenue
shall certify to the Treasurer and the |
6 | | Comptroller the amount of all refunds
paid out of the General |
7 | | Revenue Fund through the preceding month on account
of |
8 | | overpayment of liability on taxes paid into the Personal |
9 | | Property Tax
Replacement Fund. Upon receipt of such |
10 | | certification, the Treasurer and
the Comptroller shall |
11 | | transfer the amount so certified from the Personal
Property Tax |
12 | | Replacement Fund into the General Revenue Fund.
|
13 | | The payments of revenue into the Personal Property Tax |
14 | | Replacement Fund
shall be used exclusively for distribution to |
15 | | taxing districts, regional offices and officials, and local |
16 | | officials as provided
in this Section and in the School Code, |
17 | | payment of the ordinary and contingent expenses of the Property |
18 | | Tax Appeal Board, payment of the expenses of the Department of |
19 | | Revenue incurred
in administering the collection and |
20 | | distribution of monies paid into the
Personal Property Tax |
21 | | Replacement Fund and transfers due to refunds to
taxpayers for |
22 | | overpayment of liability for taxes paid into the Personal
|
23 | | Property Tax Replacement Fund.
|
24 | | In addition, moneys in the Personal Property Tax
|
25 | | Replacement Fund may be used to pay any of the following: (i) |
26 | | salary, stipends, and additional compensation as provided by |
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1 | | law for chief election clerks, county clerks, and county |
2 | | recorders; (ii) costs associated with regional offices of |
3 | | education and educational service centers; (iii) |
4 | | reimbursements payable by the State Board of Elections under |
5 | | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
6 | | Election Code; (iv) expenses of the Illinois Educational Labor |
7 | | Relations Board; and (v) salary, personal services, and |
8 | | additional compensation as provided by law for court reporters |
9 | | under the Court Reporters Act. |
10 | | As soon as may be after the effective date of this |
11 | | amendatory Act of 1980,
the Department of Revenue shall certify |
12 | | to the Treasurer the amount of net
replacement revenue paid |
13 | | into the General Revenue Fund prior to that effective
date from |
14 | | the additional tax imposed by Section 2a.1 of the Messages Tax
|
15 | | Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of |
16 | | the Public
Utilities Revenue Act; Section 3 of the Water |
17 | | Company Invested Capital Tax Act;
amounts collected by the |
18 | | Department of Revenue under the Telecommunications |
19 | | Infrastructure Maintenance Fee Act; and the
additional |
20 | | personal
property tax replacement income tax imposed by
the |
21 | | Illinois Income Tax Act, as amended by Public
Act 81-1st |
22 | | Special Session-1. Net replacement revenue shall be defined as
|
23 | | the total amount paid into and remaining in the General Revenue |
24 | | Fund as a
result of those Acts minus the amount outstanding and |
25 | | obligated from the
General Revenue Fund in state vouchers or |
26 | | warrants prior to the effective
date of this amendatory Act of |
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1 | | 1980 as refunds to taxpayers for overpayment
of liability under |
2 | | those Acts.
|
3 | | All interest earned by monies accumulated in the Personal |
4 | | Property
Tax Replacement Fund shall be deposited in such Fund. |
5 | | All amounts allocated
pursuant to this Section are appropriated |
6 | | on a continuing basis.
|
7 | | Prior to December 31, 1980, as soon as may be after the end |
8 | | of each quarter
beginning with the quarter ending December 31, |
9 | | 1979, and on and after
December 31, 1980, as soon as may be |
10 | | after January 1, March 1, April 1, May
1, July 1, August 1, |
11 | | October 1 and December 1 of each year, the Department
of |
12 | | Revenue shall allocate to each taxing district as defined in |
13 | | Section 1-150
of the Property Tax Code, in accordance with
the |
14 | | provisions of paragraph (2) of this Section the portion of the |
15 | | funds held
in the Personal Property Tax Replacement Fund which |
16 | | is required to be
distributed, as provided in paragraph (1), |
17 | | for each quarter. Provided,
however, under no circumstances |
18 | | shall any taxing district during each of the
first two years of |
19 | | distribution of the taxes imposed by this amendatory Act of
|
20 | | 1979 be entitled to an annual allocation which is less than the |
21 | | funds such
taxing district collected from the 1978 personal |
22 | | property tax. Provided further
that under no circumstances |
23 | | shall any taxing district during the third year of
distribution |
24 | | of the taxes imposed by this amendatory Act of 1979 receive |
25 | | less
than 60% of the funds such taxing district collected from |
26 | | the 1978 personal
property tax. In the event that the total of |
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1 | | the allocations made as above
provided for all taxing |
2 | | districts, during either of such 3 years, exceeds the
amount |
3 | | available for distribution the allocation of each taxing |
4 | | district shall
be proportionately reduced. Except as provided |
5 | | in Section 13 of this Act, the
Department shall then certify, |
6 | | pursuant to appropriation, such allocations to
the State |
7 | | Comptroller who shall pay over to the several taxing districts |
8 | | the
respective amounts allocated to them.
|
9 | | Any township which receives an allocation based in whole or |
10 | | in part upon
personal property taxes which it levied pursuant |
11 | | to Section 6-507 or 6-512
of the Illinois Highway Code and |
12 | | which was previously
required to be paid
over to a municipality |
13 | | shall immediately pay over to that municipality a
proportionate |
14 | | share of the personal property replacement funds which such
|
15 | | township receives.
|
16 | | Any municipality or township, other than a municipality |
17 | | with a population
in excess of 500,000, which receives an |
18 | | allocation based in whole or in
part on personal property taxes |
19 | | which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the |
20 | | Illinois Local Library Act and which was
previously
required to |
21 | | be paid over to a public library shall immediately pay over
to |
22 | | that library a proportionate share of the personal property tax |
23 | | replacement
funds which such municipality or township |
24 | | receives; provided that if such
a public library has converted |
25 | | to a library organized under The Illinois
Public Library |
26 | | District Act, regardless of whether such conversion has
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1 | | occurred on, after or before January 1, 1988, such |
2 | | proportionate share
shall be immediately paid over to the |
3 | | library district which maintains and
operates the library. |
4 | | However, any library that has converted prior to January
1, |
5 | | 1988, and which hitherto has not received the personal property |
6 | | tax
replacement funds, shall receive such funds commencing on |
7 | | January 1, 1988.
|
8 | | Any township which receives an allocation based in whole or |
9 | | in part on
personal property taxes which it levied pursuant to |
10 | | Section 1c of the Public
Graveyards Act and which taxes were |
11 | | previously required to be paid
over to or used for such public |
12 | | cemetery or cemeteries shall immediately
pay over to or use for |
13 | | such public cemetery or cemeteries a proportionate
share of the |
14 | | personal property tax replacement funds which the township
|
15 | | receives.
|
16 | | Any taxing district which receives an allocation based in |
17 | | whole or in
part upon personal property taxes which it levied |
18 | | for another
governmental body or school district in Cook County |
19 | | in 1976 or for
another governmental body or school district in |
20 | | the remainder of the
State in 1977 shall immediately pay over |
21 | | to that governmental body or
school district the amount of |
22 | | personal property replacement funds which
such governmental |
23 | | body or school district would receive directly under
the |
24 | | provisions of paragraph (2) of this Section, had it levied its |
25 | | own
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 |
6 | | district
outside Cook County shall be the ratio which the Tax |
7 | | Base of that taxing
district bears to the Downstate Tax Base. |
8 | | The Tax Base of each taxing
district outside of Cook County is |
9 | | the personal property tax collections
for that taxing district |
10 | | for the 1977 tax year. The Downstate Tax Base
is the personal |
11 | | property tax collections for all taxing districts in the
State |
12 | | outside of Cook County for the 1977 tax year. The Department of
|
13 | | Revenue shall have authority to review for accuracy and |
14 | | completeness the
personal property tax collections for each |
15 | | taxing district outside Cook
County for the 1977 tax year.
|
16 | | The Personal Property Replacement Ratio of each Cook County |
17 | | taxing
district shall be the ratio which the Tax Base of that |
18 | | taxing district
bears to the Cook County Tax Base. The Tax Base |
19 | | of each Cook County
taxing district is the personal property |
20 | | tax collections for that taxing
district for the 1976 tax year. |
21 | | The Cook County Tax Base is the
personal property tax |
22 | | collections for all taxing districts in Cook
County for the |
23 | | 1976 tax year. The Department of Revenue shall have
authority |
24 | | to review for accuracy and completeness the personal property |
25 | | tax
collections for each taxing district within Cook County for |
26 | | the 1976 tax year.
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1 | | For all purposes of this Section 12, amounts paid to a |
2 | | taxing district
for such tax years as may be applicable by a |
3 | | foreign corporation under the
provisions of Section 7-202 of |
4 | | the Public Utilities Act, as amended,
shall be deemed to be |
5 | | personal property taxes collected by such taxing district
for |
6 | | such tax years as may be applicable. The Director shall |
7 | | determine from the
Illinois Commerce Commission, for any tax |
8 | | year as may be applicable, the
amounts so paid by any such |
9 | | foreign corporation to any and all taxing
districts. The |
10 | | Illinois Commerce Commission shall furnish such information to
|
11 | | the Director. For all purposes of this Section 12, the Director |
12 | | shall deem such
amounts to be collected personal property taxes |
13 | | of each such taxing district
for the applicable tax year or |
14 | | years.
|
15 | | Taxing districts located both in Cook County and in one or |
16 | | more other
counties shall receive both a Cook County allocation |
17 | | and a Downstate
allocation determined in the same way as all |
18 | | other taxing districts.
|
19 | | If any taxing district in existence on July 1, 1979 ceases |
20 | | to exist,
or discontinues its operations, its Tax Base shall |
21 | | thereafter be deemed
to be zero. If the powers, duties and |
22 | | obligations of the discontinued
taxing district are assumed by |
23 | | another taxing district, the Tax Base of
the discontinued |
24 | | taxing district shall be added to the Tax Base of the
taxing |
25 | | district assuming such powers, duties and obligations.
|
26 | | If two or more taxing districts in existence on July 1, |
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1 | | 1979, or a
successor or successors thereto shall consolidate |
2 | | into one taxing
district, the Tax Base of such consolidated |
3 | | taxing district shall be the
sum of the Tax Bases of each of |
4 | | the taxing districts which have consolidated.
|
5 | | If a single taxing district in existence on July 1, 1979, |
6 | | or a
successor or successors thereto shall be divided into two |
7 | | or more
separate taxing districts, the tax base of the taxing |
8 | | district so
divided shall be allocated to each of the resulting |
9 | | taxing districts in
proportion to the then current equalized |
10 | | assessed value of each resulting
taxing district.
|
11 | | If a portion of the territory of a taxing district is |
12 | | disconnected
and annexed to another taxing district of the same |
13 | | type, the Tax Base of
the taxing district from which |
14 | | disconnection was made shall be reduced
in proportion to the |
15 | | then current equalized assessed value of the disconnected
|
16 | | territory as compared with the then current equalized assessed |
17 | | value within the
entire territory of the taxing district prior |
18 | | to disconnection, and the
amount of such reduction shall be |
19 | | added to the Tax Base of the taxing
district to which |
20 | | annexation is made.
|
21 | | If a community college district is created after July 1, |
22 | | 1979,
beginning on the effective date of this amendatory Act of |
23 | | 1995, its Tax Base
shall be 3.5% of the sum of the personal |
24 | | property tax collected for the
1977 tax year within the |
25 | | territorial jurisdiction of the district.
|
26 | | The amounts allocated and paid to taxing districts pursuant |
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1 | | to
the provisions of this amendatory Act of 1979 shall be |
2 | | deemed to be
substitute revenues for the revenues derived from |
3 | | taxes imposed on
personal property pursuant to the provisions |
4 | | of the "Revenue Act of
1939" or "An Act for the assessment and |
5 | | taxation of private car line
companies", approved July 22, |
6 | | 1943, as amended, or Section 414 of the
Illinois Insurance |
7 | | Code, prior to the abolition of such taxes and shall
be used |
8 | | for the same purposes as the revenues derived from ad valorem
|
9 | | taxes on real estate.
|
10 | | Monies received by any taxing districts from the Personal |
11 | | Property
Tax Replacement Fund shall be first applied toward |
12 | | payment of the proportionate
amount of debt service which was |
13 | | previously levied and collected from
extensions against |
14 | | personal property on bonds outstanding as of December 31,
1978 |
15 | | and next applied toward payment of the proportionate share of |
16 | | the pension
or retirement obligations of the taxing district |
17 | | which were previously levied
and collected from extensions |
18 | | against personal property. For each such
outstanding bond |
19 | | issue, the County Clerk shall determine the percentage of the
|
20 | | debt service which was collected from extensions against real |
21 | | estate in the
taxing district for 1978 taxes payable in 1979, |
22 | | as related to the total amount
of such levies and collections |
23 | | from extensions against both real and personal
property. For |
24 | | 1979 and subsequent years' taxes, the County Clerk shall levy
|
25 | | and extend taxes against the real estate of each taxing |
26 | | district which will
yield the said percentage or percentages of |
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1 | | the debt service on such
outstanding bonds. The balance of the |
2 | | amount necessary to fully pay such debt
service shall |
3 | | constitute a first and prior lien upon the monies
received by |
4 | | each such taxing district through the Personal Property Tax
|
5 | | Replacement Fund and shall be first applied or set aside for |
6 | | such purpose.
In counties having fewer than 3,000,000 |
7 | | inhabitants, the amendments to
this paragraph as made by this |
8 | | amendatory Act of 1980 shall be first
applicable to 1980 taxes |
9 | | to be collected in 1981.
|
10 | | (Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11; |
11 | | 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff. |
12 | | 6-30-14.)
|
13 | | Section 5-20. The General Obligation Bond Act is amended by |
14 | | changing 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 |
18 | | under this Act,
the Comptroller shall compute and certify to |
19 | | the Treasurer the total amount
of principal of, interest on, |
20 | | and premium, if any, on Bonds issued that will
be payable in |
21 | | order to retire such Bonds, the amount of principal of,
|
22 | | interest on and premium, if any, on such Bonds that will be |
23 | | payable on each
payment date according to the tenor of such |
24 | | Bonds during the then current and
each succeeding fiscal year, |
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1 | | and the amount of sinking fund payments needed to be deposited |
2 | | in connection with Qualified School Construction Bonds |
3 | | authorized by subsection (e) of Section 9.
With respect to the |
4 | | interest payable on variable rate bonds, such
certifications |
5 | | shall be calculated at the maximum rate of interest that
may be |
6 | | payable during the fiscal year, after taking into account any |
7 | | credits
permitted in the related indenture or other instrument |
8 | | against the amount
of such interest required to be appropriated |
9 | | for such period pursuant to
subsection (c) of Section 14 of |
10 | | this Act. With respect to the interest
payable, such |
11 | | certifications shall include the amounts certified by the
|
12 | | Director of the
Governor's Office of Management and Budget |
13 | | under subsection (b) of Section 9 of
this Act.
|
14 | | On or before the last day of each month the State Treasurer |
15 | | and Comptroller
shall transfer from (1) the Road Fund with |
16 | | respect to Bonds issued under
paragraph (a) of Section 4 of |
17 | | this Act , or Bonds issued under authorization in Public Act |
18 | | 98-781, or Bonds issued for the purpose of
refunding such |
19 | | bonds, and from (2) the General
Revenue Fund, with respect to |
20 | | all other Bonds issued under this Act, to the
General |
21 | | Obligation Bond Retirement and Interest Fund an amount |
22 | | sufficient to
pay the aggregate of the principal of, interest |
23 | | on, and premium, if any, on
Bonds payable, by their terms on |
24 | | the next payment date divided by the number of
full calendar |
25 | | months between the date of such Bonds and the first such |
26 | | payment
date, and thereafter, divided by the number of months |
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1 | | between each succeeding
payment date after the first. Such |
2 | | computations and transfers shall be
made for each series of |
3 | | Bonds issued and delivered. Interest payable on
variable rate |
4 | | bonds shall be calculated at the maximum rate of interest that
|
5 | | may be payable for the relevant period, after taking into |
6 | | account any credits
permitted in the related indenture or other |
7 | | instrument against the amount of
such interest required to be |
8 | | appropriated for such period pursuant to
subsection (c) of |
9 | | Section 14 of this Act. Computations of interest shall
include |
10 | | the amounts certified by the Director of the
Governor's Office |
11 | | of Management and Budget
under subsection (b) of Section 9 of |
12 | | this Act. Interest for which moneys
have already been deposited |
13 | | into the capitalized interest account within the
General |
14 | | Obligation Bond Retirement and Interest Fund shall not be |
15 | | included
in the calculation of the amounts to be transferred |
16 | | under this subsection. Notwithstanding any other provision in |
17 | | this Section, the transfer provisions provided in this |
18 | | paragraph shall not apply to transfers made in fiscal year 2010 |
19 | | or fiscal year 2011 with respect to Bonds issued in fiscal year |
20 | | 2010 or fiscal year 2011 pursuant to Section 7.2 of this Act. |
21 | | In the case of transfers made in fiscal year 2010 or fiscal |
22 | | year 2011 with respect to the Bonds issued in fiscal year 2010 |
23 | | or fiscal year 2011 pursuant to Section 7.2 of this Act, on or |
24 | | before the 15th day of the month prior to the required debt |
25 | | service payment, the State Treasurer and Comptroller shall |
26 | | transfer from the General Revenue Fund to the General |
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1 | | Obligation Bond Retirement and Interest Fund an amount |
2 | | sufficient to pay the aggregate of the principal of, interest |
3 | | on, and premium, if any, on the Bonds payable in that next |
4 | | month.
|
5 | | The transfer of monies herein and above directed is not |
6 | | required if monies
in the General Obligation Bond Retirement |
7 | | and Interest Fund are more than
the amount otherwise to be |
8 | | transferred as herein above provided, and if the
Governor or |
9 | | his authorized representative notifies the State Treasurer and
|
10 | | Comptroller of such fact in writing.
|
11 | | (b) After the effective date of this Act, the balance of, |
12 | | and monies
directed to be included in the Capital Development |
13 | | Bond Retirement and
Interest Fund, Anti-Pollution Bond |
14 | | Retirement and Interest Fund,
Transportation Bond, Series A |
15 | | Retirement and Interest Fund, Transportation
Bond, Series B |
16 | | Retirement and Interest Fund, and Coal Development Bond
|
17 | | Retirement and Interest Fund shall be transferred to and |
18 | | deposited in the
General Obligation Bond Retirement and |
19 | | Interest Fund. This Fund shall be
used to make debt service |
20 | | payments on the State's general obligation Bonds
heretofore |
21 | | issued which are now outstanding and payable from the Funds |
22 | | herein
listed as well as on Bonds issued under this Act.
|
23 | | (c) The unused portion of federal funds received for a |
24 | | capital
facilities project, as authorized by Section 3 of this |
25 | | Act, for which
monies from the Capital Development Fund have |
26 | | been expended shall remain in the Capital Development Board |
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1 | | Contributory Trust Fund and shall be used for capital projects |
2 | | and for no other purpose, subject to appropriation and as |
3 | | directed by the Capital Development Board. Any federal funds |
4 | | received as reimbursement
for the completed construction of a |
5 | | capital facilities project, as
authorized by Section 3 of this |
6 | | Act, for which monies from the Capital
Development Fund have |
7 | | been expended shall be deposited in the General
Obligation Bond |
8 | | Retirement 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 |
11 | | adding Section 3-5 as follows: |
12 | | (30 ILCS 540/3-5 new) |
13 | | Sec. 3-5. Budget Stabilization Fund; insufficient |
14 | | appropriation. If an agency incurs an interest liability under |
15 | | this Act that is ordinarily payable from the Budget |
16 | | Stabilization Fund, but the agency has insufficient |
17 | | appropriation authority from the Budget Stabilization Fund to |
18 | | make the interest payment at the time the interest payment is |
19 | | due, the agency is authorized to pay the interest from its |
20 | | available appropriations from the General Revenue Fund. |
21 | | Section 5-30. The Illinois Income Tax Act is amended by |
22 | | changing 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. |
5 | | The Department
shall collect certified past due child support |
6 | | amounts 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
|
9 | | pursuant to subsections (a) and (b) of Section 201 of this Act |
10 | | shall be
paid into the General Revenue Fund in the State |
11 | | treasury; money
collected pursuant to subsections (c) and (d) |
12 | | of Section 201 of this Act
shall be paid into the Personal |
13 | | Property Tax Replacement Fund, a special
fund in the State |
14 | | Treasury; and money collected under Section 2505-650 of the
|
15 | | Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
|
16 | | into the
Child Support Enforcement Trust Fund, a special fund |
17 | | outside the State
Treasury, or
to the State
Disbursement Unit |
18 | | established under Section 10-26 of the Illinois Public Aid
|
19 | | Code, as directed by the Department of Healthcare and Family |
20 | | Services. |
21 | | (b) Local Government Distributive Fund. |
22 | | Beginning August 1, 1969, and continuing through June 30, |
23 | | 1994, the Treasurer
shall transfer each month from the General |
24 | | Revenue Fund to a special fund in
the State treasury, to be |
25 | | known as the "Local Government Distributive Fund", an
amount |
26 | | equal to 1/12 of the net revenue realized from the tax imposed |
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1 | | by
subsections (a) and (b) of Section 201 of this Act during |
2 | | the preceding month.
Beginning July 1, 1994, and continuing |
3 | | through June 30, 1995, the Treasurer
shall transfer each month |
4 | | from the General Revenue Fund to the Local Government
|
5 | | Distributive Fund an amount equal to 1/11 of the net revenue |
6 | | realized from the
tax imposed by subsections (a) and (b) of |
7 | | Section 201 of this Act during the
preceding month. Beginning |
8 | | July 1, 1995 and continuing through January 31, 2011, the |
9 | | Treasurer shall transfer each
month from the General Revenue |
10 | | Fund to the Local Government Distributive Fund
an amount equal |
11 | | to the net of (i) 1/10 of the net revenue realized from the
tax |
12 | | imposed by
subsections (a) and (b) of Section 201 of the |
13 | | Illinois Income Tax Act during
the preceding month
(ii) minus, |
14 | | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, |
15 | | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, |
16 | | and continuing through January 31, 2015, the Treasurer shall |
17 | | transfer each month from the General Revenue Fund to the Local |
18 | | Government Distributive Fund an amount equal to the sum of (i) |
19 | | 6% (10% of the ratio of the 3% individual income tax rate prior |
20 | | to 2011 to the 5% individual income tax rate after 2010) of the |
21 | | net revenue realized from the tax imposed by subsections (a) |
22 | | and (b) of Section 201 of this Act upon individuals, trusts, |
23 | | and estates during the preceding month and (ii) 6.86% (10% of |
24 | | the ratio of the 4.8% corporate income tax rate prior to 2011 |
25 | | to the 7% corporate income tax rate after 2010) of the net |
26 | | revenue 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 |
2 | | preceding month. Beginning February 1, 2015 and continuing |
3 | | through January 31, 2025, the Treasurer shall transfer each |
4 | | month from the General Revenue Fund to the Local Government |
5 | | Distributive Fund an amount equal to the sum of (i) 8% (10% of |
6 | | the ratio of the 3% individual income tax rate prior to 2011 to |
7 | | the 3.75% individual income tax rate after 2014) of the net |
8 | | revenue realized from the tax imposed by subsections (a) and |
9 | | (b) of Section 201 of this Act upon individuals, trusts, and |
10 | | estates during the preceding month and (ii) 9.14% (10% of the |
11 | | ratio of the 4.8% corporate income tax rate prior to 2011 to |
12 | | the 5.25% corporate income tax rate after 2014) of the net |
13 | | revenue realized from the tax imposed by subsections (a) and |
14 | | (b) of Section 201 of this Act upon corporations during the |
15 | | preceding month. Beginning February 1, 2025, the Treasurer |
16 | | shall transfer each month from the General Revenue Fund to the |
17 | | Local Government Distributive Fund an amount equal to the sum |
18 | | of (i) 9.23% (10% of the ratio of the 3% individual income tax |
19 | | rate prior to 2011 to the 3.25% individual income tax rate |
20 | | after 2024) of the net revenue realized from the tax imposed by |
21 | | subsections (a) and (b) of Section 201 of this Act upon |
22 | | individuals, trusts, and estates during the preceding month and |
23 | | (ii) 10% of the net revenue realized from the tax imposed by |
24 | | subsections (a) and (b) of Section 201 of this Act upon |
25 | | corporations during the preceding month. Net revenue realized |
26 | | for a month shall be defined as the
revenue from the tax |
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1 | | imposed by subsections (a) and (b) of Section 201 of this
Act |
2 | | which is deposited in the General Revenue Fund, the Education |
3 | | Assistance
Fund, the Income Tax Surcharge Local Government |
4 | | Distributive Fund, the Fund for the Advancement of Education, |
5 | | and the Commitment to Human Services Fund during the
month |
6 | | minus the amount paid out of the General Revenue Fund in State |
7 | | warrants
during that same month as refunds to taxpayers for |
8 | | overpayment 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, |
11 | | beginning on the effective date of this amendatory Act of the |
12 | | 100th General Assembly, those amounts required under this |
13 | | subsection (b) to be transferred by the Treasurer into the |
14 | | Local Government Distributive Fund from the General Revenue |
15 | | Fund shall be directly deposited into the Local Government |
16 | | Distributive Fund as the revenue is realized from the tax |
17 | | imposed by subsections (a) and (b) of Section 201 of this Act. |
18 | | For State fiscal year 2018 only, notwithstanding any |
19 | | provision of law to the contrary, the total amount of revenue |
20 | | and deposits under this Section attributable to revenues |
21 | | realized during State fiscal year 2018 shall be reduced by 10%. |
22 | | Beginning on August 26, 2014 (the effective date of Public |
23 | | Act 98-1052), the Comptroller shall perform the transfers |
24 | | required by this subsection (b) no later than 60 days after he |
25 | | or she receives the certification from the Treasurer as |
26 | | provided 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 |
20 | | Income Tax
Surcharge Local Government Distributive Fund. |
21 | | On July 1, 1991, and thereafter, of the amounts collected |
22 | | pursuant to
subsections (a) and (b) of Section 201 of this Act, |
23 | | minus deposits into the
Income Tax Refund Fund, the Department |
24 | | shall deposit 7.3% into the
Education Assistance Fund in the |
25 | | State Treasury. Beginning July 1, 1991,
and continuing through |
26 | | January 31, 1993, of the amounts collected pursuant to
|
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1 | | subsections (a) and (b) of Section 201 of the Illinois Income |
2 | | Tax Act, minus
deposits into the Income Tax Refund Fund, the |
3 | | Department shall deposit 3.0%
into the Income Tax Surcharge |
4 | | Local Government Distributive Fund in the State
Treasury. |
5 | | Beginning February 1, 1993 and continuing through June 30, |
6 | | 1993, of
the amounts collected pursuant to subsections (a) and |
7 | | (b) of Section 201 of the
Illinois Income Tax Act, minus |
8 | | deposits into the Income Tax Refund Fund, the
Department shall |
9 | | deposit 4.4% into the Income Tax Surcharge Local Government
|
10 | | Distributive Fund in the State Treasury. Beginning July 1, |
11 | | 1993, and
continuing through June 30, 1994, of the amounts |
12 | | collected under subsections
(a) and (b) of Section 201 of this |
13 | | Act, minus deposits into the Income Tax
Refund Fund, the |
14 | | Department shall deposit 1.475% into the Income Tax Surcharge
|
15 | | Local Government Distributive Fund in the State Treasury. |
16 | | (f) Deposits into the Fund for the Advancement of |
17 | | Education. Beginning February 1, 2015, the Department shall |
18 | | deposit the following portions of the revenue realized from the |
19 | | tax imposed upon individuals, trusts, and estates by |
20 | | subsections (a) and (b) of Section 201 of this Act during the |
21 | | preceding month, minus deposits into the Income Tax Refund |
22 | | Fund, 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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1 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
2 | | the Department shall not make the deposits required by this |
3 | | subsection (f) on or after the effective date of the reduction. |
4 | | (g) Deposits into the Commitment to Human Services Fund. |
5 | | Beginning February 1, 2015, the Department shall deposit the |
6 | | following portions of the revenue realized from the tax imposed |
7 | | upon individuals, trusts, and estates by subsections (a) and |
8 | | (b) of Section 201 of this Act during the preceding month, |
9 | | minus deposits into the Income Tax Refund Fund, into the |
10 | | Commitment 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 |
15 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
16 | | the Department shall not make the deposits required by this |
17 | | subsection (g) on or after the effective date of the reduction. |
18 | | (h) Deposits into the Tax Compliance and Administration |
19 | | Fund. Beginning on the first day of the first calendar month to |
20 | | occur on or after August 26, 2014 (the effective date of Public |
21 | | Act 98-1098), each month the Department shall pay into the Tax |
22 | | Compliance and Administration Fund, to be used, subject to |
23 | | appropriation, to fund additional auditors and compliance |
24 | | personnel at the Department, an amount equal to 1/12 of 5% of |
25 | | the cash receipts collected during the preceding fiscal year by |
26 | | the Audit Bureau of the Department from the tax imposed by |
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1 | | subsections (a), (b), (c), and (d) of Section 201 of this Act, |
2 | | net of deposits into the Income Tax Refund Fund made from those |
3 | | cash receipts. |
4 | | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; |
5 | | 98-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff. |
6 | | 7-20-15.) |
7 | | Section 5-35. The Metropolitan Pier and Exposition |
8 | | Authority Act is amended by changing Sections 5, 13, and 13.2 |
9 | | and 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 |
12 | | shall 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 |
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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 |
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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 |
10 | | Authority to spend
the proceeds of any bonds or notes issued |
11 | | under Section 13.2 or any taxes
levied under Section 13 to |
12 | | construct a stadium to be leased to or used by
professional |
13 | | sports 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 |
17 | | taxes 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 |
20 | | practicable after the
effective date of this amendatory Act of |
21 | | 1991, impose a Metropolitan Pier and
Exposition Authority |
22 | | Retailers' Occupation Tax upon all persons engaged in
the |
23 | | business of selling tangible personal property at retail within |
24 | | the
territory described in this subsection at the rate of 1.0% |
25 | | of the gross
receipts (i) from the sale of food, alcoholic |
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1 | | beverages, and soft drinks
sold for consumption on the premises |
2 | | where sold and (ii) from the sale of
food, alcoholic beverages, |
3 | | and soft drinks sold for consumption off the
premises where |
4 | | sold by a retailer whose principal source of gross receipts
is |
5 | | from the sale of food, alcoholic beverages, and soft drinks |
6 | | prepared for
immediate consumption.
|
7 | | The tax imposed under this subsection and all civil |
8 | | penalties that may
be assessed as an incident to that tax shall |
9 | | be collected and enforced by the
Illinois Department of |
10 | | Revenue. The Department shall have full power to
administer and |
11 | | enforce this subsection, to collect all taxes and penalties so
|
12 | | collected in the manner provided in this subsection, and to |
13 | | determine all
rights to credit memoranda arising on account of |
14 | | the erroneous payment of
tax or penalty under this subsection. |
15 | | In the administration of and
compliance with this subsection, |
16 | | the Department and persons who are subject
to this subsection |
17 | | shall have the same rights, remedies, privileges,
immunities, |
18 | | powers, and duties, shall be subject to the same conditions,
|
19 | | restrictions, limitations, penalties, exclusions, exemptions, |
20 | | and
definitions of terms, and shall employ the same modes of |
21 | | procedure
applicable to this Retailers' Occupation Tax as are |
22 | | prescribed in Sections
1, 2 through 2-65 (in respect to all |
23 | | provisions of those Sections other
than the State rate of |
24 | | taxes), 2c, 2h, 2i, 3 (except as to the disposition
of taxes |
25 | | and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
|
26 | | 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January |
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1 | | 1, 1994, 13.5
of the Retailers' Occupation Tax Act, and, on and |
2 | | after January 1, 1994, all
applicable provisions of the Uniform |
3 | | Penalty and Interest Act that are not
inconsistent with this |
4 | | Act, as fully as if provisions contained in those
Sections of |
5 | | the Retailers' Occupation Tax Act were set forth in this
|
6 | | subsection.
|
7 | | Persons subject to any tax imposed under the authority |
8 | | granted in
this subsection may reimburse themselves for their |
9 | | seller's tax liability
under this subsection by separately |
10 | | stating that tax as an additional
charge, which charge may be |
11 | | stated in combination, in a single amount, with
State taxes |
12 | | that sellers are required to collect under the Use Tax Act,
|
13 | | pursuant to bracket schedules as the Department may prescribe.
|
14 | | The retailer filing the return shall, at the time of filing the
|
15 | | return, pay to the Department the amount of tax imposed under |
16 | | this
subsection, less a discount of 1.75%, which is allowed to |
17 | | reimburse the
retailer for the expenses incurred in keeping |
18 | | records, preparing and
filing returns, remitting the tax, and |
19 | | supplying data to the Department on
request.
|
20 | | Whenever the Department determines that a refund should be |
21 | | made under
this subsection to a claimant instead of issuing a |
22 | | credit memorandum, the
Department shall notify the State |
23 | | Comptroller, who shall cause a warrant
to be drawn for the |
24 | | amount specified and to the person named in the
notification |
25 | | from the Department. The refund shall be paid by the State
|
26 | | Treasurer out of the Metropolitan Pier and Exposition Authority |
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1 | | trust fund
held by the State Treasurer as trustee for the |
2 | | Authority.
|
3 | | Nothing in this subsection authorizes the Authority to |
4 | | impose a tax upon
the privilege of engaging in any business |
5 | | that under the Constitution of
the United States may not be |
6 | | made the subject of taxation by this State.
|
7 | | The Department shall forthwith pay over to the State |
8 | | Treasurer, ex
officio, as trustee for the Authority, all taxes |
9 | | and penalties collected
under this subsection for deposit into |
10 | | a trust fund held outside of the
State Treasury. |
11 | | As soon as possible after the first day of each month, |
12 | | beginning January 1, 2011, upon certification of the Department |
13 | | of Revenue, the Comptroller shall order transferred, and the |
14 | | Treasurer shall transfer, to the STAR Bonds Revenue Fund the |
15 | | local sales tax increment, as defined in the Innovation |
16 | | Development and Economy Act, collected under this subsection |
17 | | during the second preceding calendar month for sales within a |
18 | | STAR bond district. |
19 | | After the monthly transfer to the STAR Bonds Revenue Fund, |
20 | | on or before the 25th day of each calendar month, the
|
21 | | Department shall prepare and certify to the Comptroller the |
22 | | amounts to be
paid under subsection (g) of this Section, which |
23 | | shall be the amounts, not
including credit memoranda, collected |
24 | | under this subsection during the second
preceding calendar |
25 | | month by the Department, less any amounts determined by the
|
26 | | Department to be necessary for the payment of refunds, less 2% |
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1 | | of such
balance, which sum shall be deposited by the State |
2 | | Treasurer into the Tax
Compliance and Administration Fund in |
3 | | the State Treasury from which it shall be
appropriated to the |
4 | | Department to cover the costs of the Department in
|
5 | | administering and enforcing the provisions of this subsection, |
6 | | and less any amounts that are transferred to the STAR Bonds |
7 | | Revenue Fund. Within 10 days
after receipt by the Comptroller |
8 | | of the certification, the Comptroller shall
cause the orders to |
9 | | be drawn for the remaining amounts, and the Treasurer shall
|
10 | | administer those amounts as required in subsection (g).
|
11 | | A certificate of registration issued by the Illinois |
12 | | Department of Revenue
to a retailer under the Retailers' |
13 | | Occupation Tax Act shall permit the
registrant to engage in a |
14 | | business that is taxed under the tax imposed
under this |
15 | | subsection, and no additional registration shall be required
|
16 | | under the ordinance imposing the tax or under this subsection.
|
17 | | A certified copy of any ordinance imposing or discontinuing |
18 | | any tax under
this subsection or effecting a change in the rate |
19 | | of that tax shall be
filed with the Department, whereupon the |
20 | | Department shall proceed to
administer and enforce this |
21 | | subsection on behalf of the Authority as of the
first day of |
22 | | the third calendar month following the date of filing.
|
23 | | The tax authorized to be levied under this subsection may |
24 | | be levied within
all or any part of the following described |
25 | | portions 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 |
12 | | also be
levied on food, alcoholic beverages, and soft drinks |
13 | | sold on boats and
other watercraft departing from and returning |
14 | | to the shoreline of Lake
Michigan (including Navy Pier and all |
15 | | other improvements fixed to land,
docks, or piers) described in |
16 | | item (3).
|
17 | | (c) By ordinance the Authority shall, as soon as |
18 | | practicable after the
effective date of this amendatory Act of |
19 | | 1991, impose an occupation tax
upon all persons engaged in the |
20 | | corporate limits of the City of Chicago in
the business of |
21 | | renting, leasing, or letting rooms in a hotel, as defined
in |
22 | | the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of |
23 | | the gross
rental receipts from the renting, leasing, or letting |
24 | | of hotel rooms within
the City of Chicago, excluding, however, |
25 | | from gross rental receipts
the proceeds of renting, leasing, or |
26 | | letting to permanent residents of
a hotel, as defined in that |
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1 | | Act. Gross rental receipts shall not include
charges that are |
2 | | added on account of the liability arising from any tax
imposed |
3 | | by the State or any governmental agency on the occupation of
|
4 | | renting, leasing, or letting rooms in a hotel.
|
5 | | The tax imposed by the Authority under this subsection and |
6 | | all civil
penalties that may be assessed as an incident to that |
7 | | tax shall be collected
and enforced by the Illinois Department |
8 | | of Revenue. The certificate of
registration that is issued by |
9 | | the Department to a lessor under the Hotel
Operators' |
10 | | Occupation Tax Act shall permit that registrant to engage in a
|
11 | | business that is taxable under any ordinance enacted under this
|
12 | | subsection without registering separately with the Department |
13 | | under that
ordinance or under this subsection. The Department |
14 | | shall have full power to
administer and enforce this |
15 | | subsection, to collect all taxes and penalties
due under this |
16 | | subsection, to dispose of taxes and penalties so collected
in |
17 | | the manner provided in this subsection, and to determine all |
18 | | rights to
credit memoranda arising on account of the erroneous |
19 | | payment of tax or
penalty under this subsection. In the |
20 | | administration of and compliance with
this subsection, the |
21 | | Department and persons who are subject to this
subsection shall |
22 | | have the same rights, remedies, privileges, immunities,
|
23 | | powers, and duties, shall be subject to the same conditions, |
24 | | restrictions,
limitations, penalties, and definitions of |
25 | | terms, and shall employ the same
modes of procedure as are |
26 | | prescribed in the Hotel Operators' Occupation Tax
Act (except |
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|
1 | | where that Act is inconsistent with this subsection), as fully
|
2 | | as if the provisions contained in the Hotel Operators' |
3 | | Occupation Tax Act
were set out in this subsection.
|
4 | | Whenever the Department determines that a refund should be |
5 | | made under
this subsection to a claimant instead of issuing a |
6 | | credit memorandum, the
Department shall notify the State |
7 | | Comptroller, who shall cause a warrant
to be drawn for the |
8 | | amount specified and to the person named in the
notification |
9 | | from the Department. The refund shall be paid by the State
|
10 | | Treasurer out of the Metropolitan Pier and Exposition Authority |
11 | | trust fund
held by the State Treasurer as trustee for the |
12 | | Authority.
|
13 | | Persons subject to any tax imposed under the authority |
14 | | granted in
this subsection may reimburse themselves for their |
15 | | tax liability for that
tax by separately stating that tax as an |
16 | | additional charge,
which charge may be stated in combination, |
17 | | in a single amount, with State
taxes imposed under the Hotel |
18 | | Operators' Occupation Tax Act, the
municipal tax imposed under |
19 | | Section 8-3-13 of the Illinois Municipal
Code, and the tax |
20 | | imposed under Section 19 of the Illinois Sports
Facilities |
21 | | Authority Act.
|
22 | | The person filing the return shall, at the time of filing |
23 | | the return,
pay to the Department the amount of tax, less a |
24 | | discount of 2.1% or $25 per
calendar year, whichever is |
25 | | greater, which is allowed to reimburse the
operator for the |
26 | | expenses incurred in keeping records, preparing and filing
|
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1 | | returns, remitting the tax, and supplying data to the |
2 | | Department on request.
|
3 | | The Department shall forthwith pay over to the State |
4 | | Treasurer,
ex officio, as trustee for the Authority, all taxes |
5 | | and penalties collected
under this subsection for deposit into |
6 | | a trust fund held outside the State
Treasury. On or before the |
7 | | 25th day of each calendar month, the Department
shall certify |
8 | | to the Comptroller the amounts to be paid under subsection
(g) |
9 | | of this Section, which shall be the amounts (not including |
10 | | credit
memoranda) collected under this subsection during the |
11 | | second preceding
calendar month by the Department, less any |
12 | | amounts determined by the
Department to be necessary for |
13 | | payment of refunds. Within 10 days after
receipt by the |
14 | | Comptroller of the Department's certification, the
Comptroller |
15 | | shall cause the orders to be drawn for such amounts, and the
|
16 | | Treasurer shall administer those amounts as required in |
17 | | subsection (g).
|
18 | | A certified copy of any ordinance imposing or discontinuing |
19 | | a tax under this
subsection or effecting a change in the rate |
20 | | of that tax shall be filed with
the Illinois Department of |
21 | | Revenue, whereupon the Department shall proceed to
administer |
22 | | and enforce this subsection on behalf of the Authority as of |
23 | | the
first day of the third calendar month following the date of |
24 | | filing.
|
25 | | (d) By ordinance the Authority shall, as soon as |
26 | | practicable after the
effective date of this amendatory Act of |
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1 | | 1991, impose a tax
upon all persons engaged in the business of |
2 | | renting automobiles in the
metropolitan area at the rate of 6% |
3 | | of the gross
receipts from that business, except that no tax |
4 | | shall be imposed on the
business of renting automobiles for use |
5 | | as taxicabs or in livery service.
The tax imposed under this |
6 | | subsection and all civil penalties that may be
assessed as an |
7 | | incident to that tax shall be collected and enforced by the
|
8 | | Illinois Department of Revenue. The certificate of |
9 | | registration issued by
the Department to a retailer under the |
10 | | Retailers' Occupation Tax Act or
under the Automobile Renting |
11 | | Occupation and Use Tax Act shall permit that
person to engage |
12 | | in a business that is taxable under any ordinance enacted
under |
13 | | this subsection without registering separately with the |
14 | | Department
under that ordinance or under this subsection. The |
15 | | Department shall have
full power to administer and enforce this |
16 | | subsection, to collect all taxes
and penalties due under this |
17 | | subsection, to dispose of taxes and penalties
so collected in |
18 | | the manner provided in this subsection, and to determine
all |
19 | | rights to credit memoranda arising on account of the erroneous |
20 | | payment
of tax or penalty under this subsection. In the |
21 | | administration of and
compliance with this subsection, the |
22 | | Department and persons who are subject
to this subsection shall |
23 | | have the same rights, remedies, privileges,
immunities, |
24 | | powers, and duties, be subject to the same conditions,
|
25 | | restrictions, limitations, penalties, and definitions of |
26 | | terms, and employ
the same modes of procedure as are prescribed |
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1 | | in Sections 2 and 3 (in
respect to all provisions of those |
2 | | Sections other than the State rate of
tax; and in respect to |
3 | | the provisions of the Retailers' Occupation Tax Act
referred to |
4 | | in those Sections, except as to the disposition of taxes and
|
5 | | penalties collected, except for the provision allowing |
6 | | retailers a
deduction from the tax to cover certain costs, and |
7 | | except that credit
memoranda issued under this subsection may |
8 | | not be used to discharge any
State tax liability) of the |
9 | | Automobile Renting Occupation and Use Tax Act,
as fully as if |
10 | | provisions contained in those Sections of that Act were set
|
11 | | forth in this subsection.
|
12 | | Persons subject to any tax imposed under the authority |
13 | | granted in
this subsection may reimburse themselves for their |
14 | | tax liability under this
subsection by separately stating that |
15 | | tax as an additional charge, which
charge may be stated in |
16 | | combination, in a single amount, with State tax
that sellers |
17 | | are required to collect under the Automobile Renting
Occupation |
18 | | and Use Tax Act, pursuant to bracket schedules as the |
19 | | Department
may prescribe.
|
20 | | Whenever the Department determines that a refund should be |
21 | | made under
this subsection to a claimant instead of issuing a |
22 | | credit memorandum, the
Department shall notify the State |
23 | | Comptroller, who shall cause a warrant to
be drawn for the |
24 | | amount specified and to the person named in the
notification |
25 | | from the Department. The refund shall be paid by the State
|
26 | | Treasurer out of the Metropolitan Pier and Exposition Authority |
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1 | | trust fund
held by the State Treasurer as trustee for the |
2 | | Authority.
|
3 | | The Department shall forthwith pay over to the State |
4 | | Treasurer, ex officio,
as trustee, all taxes and penalties |
5 | | collected under this subsection for
deposit into a trust fund |
6 | | held outside the State Treasury. On or before the
25th day of |
7 | | each calendar month, the Department shall certify
to the |
8 | | Comptroller the amounts to be paid under subsection (g) of this
|
9 | | Section (not including credit memoranda) collected under this |
10 | | subsection
during the second preceding calendar month by the |
11 | | Department, less any
amount determined by the Department to be |
12 | | necessary for payment of refunds.
Within 10 days after receipt |
13 | | by the Comptroller of the Department's
certification, the |
14 | | Comptroller shall cause the orders to be drawn for such
|
15 | | amounts, and the Treasurer shall administer those amounts as |
16 | | required in
subsection (g).
|
17 | | Nothing in this subsection authorizes the Authority to |
18 | | impose a tax upon
the privilege of engaging in any business |
19 | | that under the Constitution of
the United States may not be |
20 | | made the subject of taxation by this State.
|
21 | | A certified copy of any ordinance imposing or discontinuing |
22 | | a tax under
this subsection or effecting a change in the rate |
23 | | of that tax shall be
filed with the Illinois Department of |
24 | | Revenue, whereupon the Department
shall proceed to administer |
25 | | and enforce this subsection on behalf of the
Authority as of |
26 | | the first day of the third calendar month following the
date of |
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1 | | filing.
|
2 | | (e) By ordinance the Authority shall, as soon as |
3 | | practicable after the
effective date of this amendatory Act of |
4 | | 1991, impose a tax upon the
privilege of using in the |
5 | | metropolitan area an automobile that is rented
from a rentor |
6 | | outside Illinois and is titled or registered with an agency
of |
7 | | this State's government at a rate of 6% of the rental price of |
8 | | that
automobile, except that no tax shall be imposed on the |
9 | | privilege of using
automobiles rented for use as taxicabs or in |
10 | | livery service. The tax shall
be collected from persons whose |
11 | | Illinois address for titling or
registration purposes is given |
12 | | as being in the metropolitan area. The tax
shall be collected |
13 | | by the Department of Revenue for the Authority. The tax
must be |
14 | | paid to the State or an exemption determination must be |
15 | | obtained
from the Department of Revenue before the title or |
16 | | certificate of
registration for the property may be issued. The |
17 | | tax or proof of exemption
may be transmitted to the Department |
18 | | by way of the State agency with which
or State officer with |
19 | | whom the tangible personal property must be titled or
|
20 | | registered if the Department and that agency or State officer |
21 | | determine
that this procedure will expedite the processing of |
22 | | applications for title
or registration.
|
23 | | The Department shall have full power to administer and |
24 | | enforce this
subsection, to collect all taxes, penalties, and |
25 | | interest due under this
subsection, to dispose of taxes, |
26 | | penalties, and interest so collected in
the manner provided in |
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1 | | this subsection, and to determine all rights to
credit |
2 | | memoranda or refunds arising on account of the erroneous |
3 | | payment of
tax, penalty, or interest under this subsection. In |
4 | | the administration of
and compliance with this subsection, the |
5 | | Department and persons who are
subject to this subsection shall |
6 | | have the same rights, remedies,
privileges, immunities, |
7 | | powers, and duties, be subject to the same
conditions, |
8 | | restrictions, limitations, penalties, and definitions of |
9 | | terms,
and employ the same modes of procedure as are prescribed |
10 | | in Sections 2 and
4 (except provisions pertaining to the State |
11 | | rate of tax; and in respect to
the provisions of the Use Tax |
12 | | Act referred to in that Section, except
provisions concerning |
13 | | collection or refunding of the tax by retailers,
except the |
14 | | provisions of Section 19 pertaining to claims by retailers,
|
15 | | except the last paragraph concerning refunds, and except that |
16 | | credit
memoranda issued under this subsection may not be used |
17 | | to discharge any
State tax liability) of the Automobile Renting |
18 | | Occupation and Use Tax Act,
as fully as if provisions contained |
19 | | in those Sections of that Act were set
forth in this |
20 | | subsection.
|
21 | | Whenever the Department determines that a refund should be |
22 | | made under this
subsection to a claimant instead of issuing a |
23 | | credit memorandum, the Department
shall notify the State |
24 | | Comptroller, who shall cause a warrant to be drawn
for the |
25 | | amount specified and to the person named in the notification
|
26 | | from the Department. The refund shall be paid by the State |
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1 | | Treasurer out
of the Metropolitan Pier and Exposition Authority |
2 | | trust fund held by the
State Treasurer as trustee for the |
3 | | Authority.
|
4 | | The Department shall forthwith pay over to the State |
5 | | Treasurer, ex officio,
as trustee, all taxes, penalties, and |
6 | | interest collected under this
subsection for deposit into a |
7 | | trust fund held outside the State Treasury.
On or before the |
8 | | 25th day of each calendar month, the Department shall
certify |
9 | | to the State Comptroller the amounts to be paid under |
10 | | subsection
(g) of this Section, which shall be the amounts (not |
11 | | including credit
memoranda) collected under this subsection |
12 | | during the second preceding
calendar month by the Department, |
13 | | less any amounts determined by the
Department to be necessary |
14 | | for payment of refunds. Within 10 days after
receipt by the |
15 | | State Comptroller of the Department's certification, the
|
16 | | Comptroller shall cause the orders to be drawn for such |
17 | | amounts, and the
Treasurer shall administer those amounts as |
18 | | required in subsection (g).
|
19 | | A certified copy of any ordinance imposing or discontinuing |
20 | | a tax or
effecting a change in the rate of that tax shall be |
21 | | filed with the Illinois
Department of Revenue, whereupon the |
22 | | Department shall proceed to administer
and enforce this |
23 | | subsection on behalf of the Authority as of the first day
of |
24 | | the third calendar month following the date of filing.
|
25 | | (f) By ordinance the Authority shall, as soon as |
26 | | practicable after the
effective date of this amendatory Act of |
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1 | | 1991, impose an occupation tax on all
persons, other than a |
2 | | governmental agency, engaged in the business of
providing |
3 | | ground transportation for hire to passengers in the |
4 | | metropolitan
area at a rate of (i) $4 per taxi or livery |
5 | | vehicle departure with
passengers for hire from commercial |
6 | | service airports in the metropolitan
area, (ii) for each |
7 | | departure with passengers for hire from a commercial
service |
8 | | airport in the metropolitan area in a bus or van operated by a
|
9 | | person other than a person described in item (iii): $18 per bus |
10 | | or van with
a capacity of 1-12 passengers, $36 per bus or van |
11 | | with a capacity of 13-24
passengers, and $54 per bus or van |
12 | | with a capacity of over 24 passengers,
and (iii) for each |
13 | | departure with passengers for hire from a commercial
service |
14 | | airport in the metropolitan area in a bus or van operated by a
|
15 | | person regulated by the Interstate Commerce Commission or |
16 | | Illinois Commerce
Commission, operating scheduled service from |
17 | | the airport, and charging fares on
a per passenger basis: $2 |
18 | | per passenger for hire in each bus or van. The term
"commercial |
19 | | service airports" means those airports receiving scheduled
|
20 | | passenger service and enplaning more than 100,000 passengers |
21 | | per year.
|
22 | | In the ordinance imposing the tax, the Authority may |
23 | | provide for the
administration and enforcement of the tax and |
24 | | the collection of the tax
from persons subject to the tax as |
25 | | the Authority determines to be necessary
or practicable for the |
26 | | effective administration of the tax. The Authority
may enter |
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1 | | into agreements as it deems appropriate with any governmental
|
2 | | agency providing for that agency to act as the Authority's |
3 | | agent to
collect the tax.
|
4 | | In the ordinance imposing the tax, the Authority may |
5 | | designate a method or
methods for persons subject to the tax to |
6 | | reimburse themselves for the tax
liability arising under the |
7 | | ordinance (i) by separately stating the full
amount of the tax |
8 | | liability as an additional charge to passengers departing
the |
9 | | airports, (ii) by separately stating one-half of the tax |
10 | | liability as
an additional charge to both passengers departing |
11 | | from and to passengers
arriving at the airports, or (iii) by |
12 | | some other method determined by the
Authority.
|
13 | | All taxes, penalties, and interest collected under any |
14 | | ordinance adopted
under this subsection, less any amounts |
15 | | determined to be necessary for the
payment of refunds and less |
16 | | the taxes, penalties, and interest attributable to any increase |
17 | | in the rate of tax authorized by Public Act 96-898, shall be |
18 | | paid forthwith to the State Treasurer, ex
officio, for deposit |
19 | | into a trust fund held outside the State Treasury and
shall be |
20 | | administered by the State Treasurer as provided in subsection |
21 | | (g)
of this Section. All taxes, penalties, and interest |
22 | | attributable to any increase in the rate of tax authorized by |
23 | | Public Act 96-898 shall be paid by the State Treasurer as |
24 | | follows: 25% for deposit into the Convention Center Support |
25 | | Fund, to be used by the Village of Rosemont for the repair, |
26 | | maintenance, and improvement of the Donald E. Stephens |
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1 | | Convention Center and for debt service on debt instruments |
2 | | issued for those purposes by the village and 75% to the |
3 | | Authority to be used for grants to an organization meeting the |
4 | | qualifications set out in Section 5.6 of this Act, provided the |
5 | | Metropolitan Pier and Exposition Authority has entered into a |
6 | | marketing agreement with such an organization.
|
7 | | (g) Amounts deposited from the proceeds of taxes imposed by |
8 | | the
Authority under subsections (b), (c), (d), (e), and (f) of |
9 | | this Section and
amounts deposited under Section 19 of the |
10 | | Illinois Sports Facilities
Authority Act shall be held in a |
11 | | trust fund outside the State Treasury and
shall be administered |
12 | | by 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 |
19 | | used (i) for the purposes of paying debt service on the bonds |
20 | | and notes issued by the Authority, including early redemption |
21 | | of those bonds or notes, (ii) for the purposes of repair, |
22 | | replacement, and improvement of the grounds, buildings, and |
23 | | facilities of the Authority, and (iii) for the corporate |
24 | | purposes of the Authority in fiscal years 2011 through 2015 in |
25 | | an amount not to exceed $20,000,000 annually or $80,000,000 |
26 | | total, which amount shall be reduced $0.75 for each dollar of |
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1 | | the receipts of the Authority in that year from any contract |
2 | | entered into with respect to naming rights at McCormick Place |
3 | | under Section 5(m) of this Act. When bonds and notes issued |
4 | | under Section 13.2, or bonds or notes issued to refund those |
5 | | bonds and notes, are no longer outstanding, the balance in the |
6 | | trust fund shall be paid to the Authority.
|
7 | | (h) The ordinances imposing the taxes authorized by this |
8 | | Section shall
be repealed when bonds and notes issued under |
9 | | Section 13.2 or bonds and
notes issued to refund those bonds |
10 | | and 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 |
14 | | created in
the State Treasury. All moneys in the McCormick |
15 | | Place Expansion Project
Fund are allocated to and shall be |
16 | | appropriated and used only for the
purposes authorized by and |
17 | | subject to the limitations and conditions of
this Section. |
18 | | Those amounts may be appropriated by law to
the Authority
for |
19 | | the purposes of paying the debt service requirements on all |
20 | | bonds and
notes, including bonds and notes issued to refund or |
21 | | advance
refund bonds and notes issued under this Section, |
22 | | Section 13.1, or issued to refund or
advance refund bonds and |
23 | | notes otherwise issued under this Act, (collectively
referred |
24 | | to as
"bonds") to be issued by the Authority under this Section |
25 | | in an aggregate
original principal amount (excluding the amount |
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1 | | of any bonds and
notes issued to refund or advance refund bonds |
2 | | or notes issued under this
Section and Section 13.1) not to |
3 | | exceed $2,850,000,000 $2,557,000,000 for the purposes
of
|
4 | | carrying out and
performing its duties and exercising its |
5 | | powers under this Act.
The increased debt authorization of |
6 | | $450,000,000 provided by Public Act 96-898 this amendatory Act |
7 | | of the 96th General Assembly shall be used solely for the |
8 | | purpose of: (i) hotel construction and related necessary |
9 | | capital improvements; (ii) other needed capital improvements |
10 | | to existing facilities; and (iii) land acquisition for and |
11 | | construction of one multi-use facility on property bounded by |
12 | | East Cermak Road on the south, East 21st Street on the north, |
13 | | South Indiana Avenue on the west, and South Prairie Avenue on |
14 | | the east in the City of Chicago, Cook County, Illinois ; these |
15 | | limitations do not apply to the increased debt authorization |
16 | | provided by this amendatory Act of the 100th General Assembly . |
17 | | No bonds issued to refund or advance refund bonds issued under |
18 | | this Section may mature later than
40 years from the date of |
19 | | issuance of the refunding or advance refunding bonds. After the |
20 | | aggregate original principal
amount of
bonds authorized in this |
21 | | Section has been issued, the
payment of any
principal amount of |
22 | | such bonds does not authorize the issuance of
additional bonds |
23 | | (except refunding bonds). Any bonds and notes issued under this |
24 | | Section in any year in which there is an outstanding "post-2010 |
25 | | deficiency amount" as that term is defined in Section 13 (g)(3) |
26 | | of this Act shall provide for the payment to the State |
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1 | | Treasurer of the amount of that deficiency. Proceeds from the |
2 | | sale of bonds issued pursuant to the increased debt |
3 | | authorization provided by this amendatory Act of the 100th |
4 | | General Assembly may be used for the payment to the State |
5 | | Treasurer of any unpaid amounts described in paragraph (3) of |
6 | | subsection (g) of Section 13 of this Act as part of the "2010 |
7 | | deficiency amount" or the "Post-2010 deficiency amount".
|
8 | | On the first day of each month commencing after July 1, |
9 | | 1993, amounts, if
any, on deposit in the McCormick Place |
10 | | Expansion Project Fund shall,
subject to appropriation, be paid |
11 | | in full to the Authority or, upon its
direction, to the trustee |
12 | | or trustees for bondholders of bonds that by
their terms are |
13 | | payable from the moneys received from the McCormick Place
|
14 | | Expansion Project Fund, until an amount equal to 100% of the
|
15 | | aggregate amount of the principal and interest in the fiscal |
16 | | year,
including that pursuant to sinking fund requirements, has |
17 | | been so paid and
deficiencies in reserves shall have been |
18 | | remedied.
|
19 | | The State of Illinois pledges to and agrees with the |
20 | | holders of the bonds
of the Metropolitan Pier and Exposition |
21 | | Authority issued under this
Section that the State will not |
22 | | limit or alter the rights and powers vested
in the Authority by |
23 | | this Act so as to impair the terms of any contract made
by the |
24 | | Authority with those holders or in any way impair the rights |
25 | | and
remedies of those holders until the bonds, together with |
26 | | interest thereon,
interest on any unpaid installments of |
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1 | | interest, and all costs and
expenses in connection with any |
2 | | action or proceedings by or on behalf of
those holders are |
3 | | fully met and discharged; provided that any increase in
the Tax |
4 | | Act Amounts specified in Section 3 of the Retailers' Occupation |
5 | | Tax
Act, Section 9 of the Use Tax Act, Section 9 of the Service |
6 | | Use Tax Act,
and Section 9 of the Service Occupation Tax Act |
7 | | required to be deposited
into the Build Illinois Bond Account |
8 | | in the Build Illinois Fund pursuant to
any law hereafter |
9 | | enacted shall not be deemed to impair the rights of such
|
10 | | holders so long as the increase does not result in the |
11 | | aggregate debt
service payable in the current or any future |
12 | | fiscal year of the State on
all bonds issued pursuant to the |
13 | | Build Illinois Bond Act and the
Metropolitan Pier and |
14 | | Exposition Authority Act and payable from tax
revenues |
15 | | specified in Section 3 of the Retailers' Occupation Tax Act,
|
16 | | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax |
17 | | Act, and
Section 9 of the Service Occupation Tax Act exceeding |
18 | | 33 1/3% of such tax
revenues for the most recently completed |
19 | | fiscal year of the State at the
time of such increase. In |
20 | | addition, the State pledges to and agrees with
the holders of |
21 | | the bonds of the Authority issued under this Section that
the |
22 | | State will not limit or alter the basis on which State funds |
23 | | are to be
paid to the Authority as provided in this Act or the |
24 | | use of those funds so
as to impair the terms of any such |
25 | | contract; provided that any increase in
the Tax Act Amounts |
26 | | specified in Section 3 of the Retailers' Occupation Tax
Act, |
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1 | | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax |
2 | | Act,
and Section 9 of the Service Occupation Tax Act required |
3 | | to be deposited
into the Build Illinois Bond Account in the |
4 | | Build Illinois Fund pursuant to
any law hereafter enacted shall |
5 | | not be deemed to impair the terms of any
such contract so long |
6 | | as the increase does not result in the aggregate debt
service |
7 | | payable in the current or any future fiscal year of the State |
8 | | on
all bonds issued pursuant to the Build Illinois Bond Act and |
9 | | the
Metropolitan Pier and Exposition Authority Act and payable |
10 | | from tax
revenues specified in Section 3 of the Retailers' |
11 | | Occupation Tax Act,
Section 9 of the Use Tax Act, Section 9 of |
12 | | the Service Use Tax Act, and
Section 9 of the Service |
13 | | Occupation Tax Act exceeding 33 1/3% of such tax
revenues for |
14 | | the most recently completed fiscal year of the State at the
|
15 | | time of such increase. The Authority is authorized to include |
16 | | these pledges
and agreements with the State in any contract |
17 | | with the holders of bonds
issued under this Section.
|
18 | | The State shall not be liable on bonds of the Authority |
19 | | issued under this
Section those bonds shall not be a debt of |
20 | | the State, and this Act shall
not be construed as a guarantee |
21 | | by the State of the debts of the Authority.
The bonds shall |
22 | | contain 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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1 | | MPEA Reserve Fund in the State Treasury. If any amount of the |
2 | | 2010 deficiency amount is paid to the State Treasurer pursuant |
3 | | to paragraph (3) of subsection (g) of Section 13 or Section |
4 | | 13.2 on any date after the effective date of this amendatory |
5 | | Act of the 100th General Assembly, the Comptroller shall order |
6 | | transferred, and the Treasurer shall transfer an equal amount |
7 | | from the General Revenue Fund into the MPEA Reserve Fund. |
8 | | Amounts in the MPEA Reserve Fund shall be administered by the |
9 | | Treasurer 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 |
23 | | amended 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 |
2 | | each month,
beginning July 1, 1984, upon certification of the |
3 | | Department of Revenue,
the Comptroller shall order |
4 | | transferred, and the Treasurer shall
transfer, from the General |
5 | | Revenue Fund to a special fund in the State
Treasury which is |
6 | | hereby created, to be known as the "Downstate Public
|
7 | | Transportation Fund", an amount equal to 2/32 (beginning July |
8 | | 1, 2005, 3/32) of the net revenue
realized from the "Retailers' |
9 | | Occupation Tax Act", as now or hereafter
amended, the "Service |
10 | | Occupation Tax Act", as now or hereafter amended,
the "Use Tax |
11 | | Act", as now or hereafter amended, and the "Service Use Tax
|
12 | | Act", as now or hereafter amended, from persons incurring |
13 | | municipal or
county retailers' or service occupation tax |
14 | | liability for the benefit of
any municipality or county located |
15 | | wholly within the boundaries of each
participant other than any |
16 | | Metro-East Transit District participant
certified pursuant to |
17 | | subsection (c) of this Section during the
preceding month, |
18 | | except that the Department shall pay into the Downstate
Public |
19 | | Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% |
20 | | of the net revenue realized under
the State tax Acts named |
21 | | above within any municipality or county located
wholly within |
22 | | the boundaries of each participant, other than any Metro-East
|
23 | | participant, for tax periods beginning on or after January 1, |
24 | | 1990.
Net revenue realized for a month shall be the revenue
|
25 | | collected by the State pursuant to such Acts during the |
26 | | previous month
from persons incurring municipal or county |
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1 | | retailers' or service
occupation tax liability for the benefit |
2 | | of any municipality or county
located wholly within the |
3 | | boundaries of a participant, less the amount
paid out during |
4 | | that same month as refunds or credit memoranda to
taxpayers for |
5 | | overpayment of liability under such Acts for the benefit
of any |
6 | | municipality or county located wholly within the boundaries of |
7 | | a
participant. |
8 | | Notwithstanding any provision of law to the contrary, |
9 | | beginning on the effective date of this amendatory Act of the |
10 | | 100th General Assembly, those amounts required under this |
11 | | subsection (a) to be transferred by the Treasurer into the |
12 | | Downstate Public Transportation Fund from the General Revenue |
13 | | Fund shall be directly deposited into the Downstate Public |
14 | | Transportation Fund as the revenues are realized from the taxes |
15 | | indicated.
|
16 | | (b) As soon as possible after the first day of each month, |
17 | | beginning
July 1, 1989, upon certification of the Department of |
18 | | Revenue, the
Comptroller shall order transferred, and the |
19 | | Treasurer shall transfer, from
the General Revenue Fund to a |
20 | | special fund in the State Treasury which is
hereby created, to |
21 | | be known as the "Metro-East Public Transportation Fund",
an |
22 | | amount equal to 2/32 of the net revenue realized, as above, |
23 | | from within
the boundaries of Madison, Monroe, and St. Clair |
24 | | Counties, except that the
Department shall pay into the |
25 | | Metro-East Public Transportation Fund 2/32 of
80% of the net |
26 | | revenue realized under the State tax Acts specified in
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1 | | subsection (a) of this Section within the boundaries of
|
2 | | Madison, Monroe and St. Clair Counties for tax periods |
3 | | beginning on or
after January 1, 1990. A local match
equivalent |
4 | | to 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 |
6 | | Madison County is required annually to cause a total of 2/32
of |
7 | | the net revenue to be deposited in the Metro-East Public |
8 | | Transportation
Fund. Failure to raise the required local match |
9 | | annually shall result in
only 1/32 being deposited into the |
10 | | Metro-East Public Transportation Fund
after July 1, 1989, or |
11 | | 1/32 of 80% of the net revenue realized for tax
periods |
12 | | beginning on or after January 1, 1990.
|
13 | | (b-5) As soon as possible after the first day of each |
14 | | month, beginning July 1, 2005, upon certification of the |
15 | | Department of Revenue, the Comptroller shall order |
16 | | transferred, and the Treasurer shall transfer, from the General |
17 | | Revenue Fund to the Downstate Public Transportation Fund, an |
18 | | amount equal to 3/32 of 80% of the net revenue realized from |
19 | | within the boundaries of Monroe and St. Clair Counties under |
20 | | the State Tax Acts specified in subsection (a) of this Section |
21 | | and provided further that, beginning July 1, 2005, the |
22 | | provisions of subsection (b) shall no longer apply with respect |
23 | | to such tax receipts from Monroe and St. Clair Counties.
|
24 | | Notwithstanding any provision of law to the contrary, |
25 | | beginning on the effective date of this amendatory Act of the |
26 | | 100th General Assembly, those amounts required under this |
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1 | | subsection (b-5) to be transferred by the Treasurer into the |
2 | | Downstate Public Transportation Fund from the General Revenue |
3 | | Fund shall be directly deposited into the Downstate Public |
4 | | Transportation Fund as the revenues are realized from the taxes |
5 | | indicated. |
6 | | (b-6) As soon as possible after the first day of each |
7 | | month, beginning July 1, 2008, upon certification by the |
8 | | Department of Revenue, the Comptroller shall order transferred |
9 | | and the Treasurer shall transfer, from the General Revenue Fund |
10 | | to the Downstate Public Transportation Fund, an amount equal to |
11 | | 3/32 of 80% of the net revenue realized from within the |
12 | | boundaries of Madison County under the State Tax Acts specified |
13 | | in subsection (a) of this Section and provided further that, |
14 | | beginning July 1, 2008, the provisions of subsection (b) shall |
15 | | no longer apply with respect to such tax receipts from Madison |
16 | | County. |
17 | | Notwithstanding any provision of law to the contrary, |
18 | | beginning on the effective date of this amendatory Act of the |
19 | | 100th General Assembly, those amounts required under this |
20 | | subsection (b-6) to be transferred by the Treasurer into the |
21 | | Downstate Public Transportation Fund from the General Revenue |
22 | | Fund shall be directly deposited into the Downstate Public |
23 | | Transportation Fund as the revenues are realized from the taxes |
24 | | indicated. |
25 | | (c) The Department shall certify to the Department of |
26 | | Revenue the
eligible participants under this Article and the |
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1 | | territorial boundaries
of such participants for the purposes of |
2 | | the Department of Revenue in
subsections (a) and (b) of this |
3 | | Section.
|
4 | | (d) For the purposes of this Article, beginning in fiscal |
5 | | year 2009 the General Assembly shall appropriate
an amount from |
6 | | the Downstate Public Transportation Fund equal to the sum total |
7 | | funds projected to be paid to the
participants pursuant to |
8 | | Section 2-7. If the General Assembly fails to make |
9 | | appropriations sufficient to cover the amounts projected to be |
10 | | paid pursuant to Section 2-7, this Act shall constitute an |
11 | | irrevocable and continuing appropriation from the Downstate |
12 | | Public Transportation Fund of all amounts necessary for those |
13 | | purposes. |
14 | | (e) Notwithstanding anything in this Section to the |
15 | | contrary, amounts transferred from the General Revenue Fund to |
16 | | the Downstate Public Transportation Fund pursuant to this |
17 | | Section shall not exceed $169,000,000 in State fiscal year |
18 | | 2012. |
19 | | (f) For State fiscal year 2018 only, notwithstanding any |
20 | | provision of law to the contrary, the total amount of revenue |
21 | | and deposits under this Section attributable to revenues |
22 | | realized 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 |
25 | | amended 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 |
3 | | Transportation
Authority Occupation and Use Tax Replacement |
4 | | Fund.
|
5 | | (a)(1)
Except as otherwise provided in paragraph (4), as As |
6 | | soon as possible after
the first day of each month, beginning |
7 | | July 1, 1984, upon certification of
the Department of Revenue, |
8 | | the Comptroller shall order transferred and the
Treasurer shall |
9 | | transfer from the General Revenue Fund to a special fund in the |
10 | | State Treasury to be known as the Public
Transportation Fund an |
11 | | amount equal to 25% of the net revenue, before the
deduction of |
12 | | the serviceman and retailer discounts pursuant to Section 9 of
|
13 | | the Service Occupation Tax Act and Section 3 of the Retailers' |
14 | | Occupation
Tax Act, realized from
any tax imposed by the |
15 | | Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the |
16 | | amounts deposited into the Regional
Transportation Authority |
17 | | tax fund created by Section 4.03 of this Act, from
the County |
18 | | and Mass Transit District Fund as provided in Section 6z-20 of
|
19 | | the State Finance Act and 25% of the amounts deposited into the |
20 | | Regional
Transportation Authority Occupation and Use Tax |
21 | | Replacement Fund from the
State and Local Sales Tax Reform Fund |
22 | | as provided in Section 6z-17 of the
State Finance Act.
On the |
23 | | first day of the month following the date that the Department |
24 | | receives revenues from increased taxes under Section 4.03(m) as |
25 | | authorized by this amendatory Act of the 95th General Assembly, |
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1 | | in lieu of the transfers authorized in the preceding sentence, |
2 | | upon certification of the Department of Revenue, the |
3 | | Comptroller shall order transferred and the Treasurer shall |
4 | | transfer from the General Revenue Fund to the Public |
5 | | Transportation Fund an amount equal to 25% of the net revenue, |
6 | | before the deduction of the serviceman and retailer discounts |
7 | | pursuant to Section 9 of the Service Occupation Tax Act and |
8 | | Section 3 of the Retailers' Occupation Tax Act, realized from |
9 | | (i) 80% of the proceeds of any tax imposed by the Authority at |
10 | | a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any |
11 | | tax imposed by the Authority at the rate of 1% in Cook County, |
12 | | and (iii) one-third of the proceeds of any tax imposed by the |
13 | | Authority at the rate of 0.75% in the Counties of DuPage, Kane, |
14 | | Lake, McHenry, and Will, all pursuant to Section 4.03, and 25% |
15 | | of the net revenue realized from any tax imposed by the |
16 | | Authority pursuant to Section 4.03.1, and 25% of the amounts |
17 | | deposited into the Regional Transportation Authority tax fund |
18 | | created by Section 4.03 of this Act from the County and Mass |
19 | | Transit District Fund as provided in Section 6z-20 of the State |
20 | | Finance Act, and 25% of the amounts deposited into the Regional |
21 | | Transportation Authority Occupation and Use Tax Replacement |
22 | | Fund from the State and Local Sales Tax Reform Fund as provided |
23 | | in Section 6z-17 of the State Finance Act. As used in this |
24 | | Section, net revenue realized for a month shall be the revenue
|
25 | | collected by the State pursuant to Sections 4.03 and 4.03.1 |
26 | | during the
previous month from within the metropolitan region, |
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1 | | less the amount paid
out during that same month as refunds to |
2 | | taxpayers for overpayment of
liability in the metropolitan |
3 | | region under Sections 4.03 and 4.03.1. |
4 | | Notwithstanding any provision of law to the contrary, |
5 | | beginning on the effective date of this amendatory Act of the |
6 | | 100th General Assembly, those amounts required under this |
7 | | paragraph (1) of subsection (a) to be transferred by the |
8 | | Treasurer into the Public Transportation Fund from the General |
9 | | Revenue Fund shall be directly deposited into the Public |
10 | | Transportation Fund as the revenues are realized from the taxes |
11 | | indicated.
|
12 | | (2) Except as otherwise provided in paragraph (4), on On |
13 | | the first day of the month following the effective date of this |
14 | | amendatory Act of the 95th General Assembly and each month |
15 | | thereafter, upon certification by the Department of Revenue, |
16 | | the Comptroller shall order transferred and the Treasurer shall |
17 | | transfer from the General Revenue Fund to the Public |
18 | | Transportation Fund an amount equal to 5% of the net revenue, |
19 | | before the deduction of the serviceman and retailer discounts |
20 | | pursuant to Section 9 of the Service Occupation Tax Act and |
21 | | Section 3 of the Retailers' Occupation Tax Act, realized from |
22 | | any tax imposed by the Authority pursuant to Sections 4.03 and |
23 | | 4.03.1 and certified by the Department of Revenue under Section |
24 | | 4.03(n) of this Act to be paid to the Authority and 5% of the |
25 | | amounts deposited into the Regional Transportation Authority |
26 | | tax fund created by Section 4.03 of this Act from the County |
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1 | | and Mass Transit District Fund as provided in Section 6z-20 of |
2 | | the State Finance Act, and 5% of the amounts deposited into the |
3 | | Regional Transportation Authority Occupation and Use Tax |
4 | | Replacement Fund from the State and Local Sales Tax Reform Fund |
5 | | as provided in Section 6z-17 of the State Finance Act, and 5% |
6 | | of the revenue realized by the Chicago Transit Authority as |
7 | | financial assistance from the City of Chicago from the proceeds |
8 | | of any tax imposed by the City of Chicago under Section 8-3-19 |
9 | | of the Illinois Municipal Code.
|
10 | | Notwithstanding any provision of law to the contrary, |
11 | | beginning on the effective date of this amendatory Act of the |
12 | | 100th General Assembly, those amounts required under this |
13 | | paragraph (2) of subsection (a) to be transferred by the |
14 | | Treasurer into the Public Transportation Fund from the General |
15 | | Revenue Fund shall be directly deposited into the Public |
16 | | Transportation Fund as the revenues are realized from the taxes |
17 | | indicated. |
18 | | (3) Except as otherwise provided in paragraph (4), as As |
19 | | soon as possible after the first day of January, 2009 and each |
20 | | month thereafter, upon certification of the Department of |
21 | | Revenue with respect to the taxes collected under Section 4.03, |
22 | | the Comptroller shall order transferred and the Treasurer shall |
23 | | transfer from the General Revenue Fund to the Public |
24 | | Transportation Fund an amount equal to 25% of the net revenue, |
25 | | before the deduction of the serviceman and retailer discounts |
26 | | pursuant to Section 9 of the Service Occupation Tax Act and |
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1 | | Section 3 of the Retailers' Occupation Tax Act, realized from |
2 | | (i) 20% of the proceeds of any tax imposed by the Authority at |
3 | | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any |
4 | | tax imposed by the Authority at the rate of 1% in Cook County, |
5 | | and (iii) one-third of the proceeds of any tax imposed by the |
6 | | Authority at the rate of 0.75% in the Counties of DuPage, Kane, |
7 | | Lake, McHenry, and Will, all pursuant to Section 4.03, and the |
8 | | Comptroller shall order transferred and the Treasurer shall |
9 | | transfer from the General Revenue Fund to the Public |
10 | | Transportation Fund (iv) an amount equal to 25% of the revenue |
11 | | realized by the Chicago Transit Authority as financial |
12 | | assistance from the City of Chicago from the proceeds of any |
13 | | tax imposed by the City of Chicago under Section 8-3-19 of the |
14 | | Illinois Municipal Code.
|
15 | | Notwithstanding any provision of law to the contrary, |
16 | | beginning on the effective date of this amendatory Act of the |
17 | | 100th General Assembly, those amounts required under this |
18 | | paragraph (3) of subsection (a) to be transferred by the |
19 | | Treasurer into the Public Transportation Fund from the General |
20 | | Revenue Fund shall be directly deposited into the Public |
21 | | Transportation Fund as the revenues are realized from the taxes |
22 | | indicated. |
23 | | (4) Notwithstanding any provision of law to the contrary, |
24 | | of the transfers to be made under paragraphs (1), (2), and (3) |
25 | | of this subsection (a) from the General Revenue Fund to the |
26 | | Public Transportation Fund, the first $100,000,000 that would |
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1 | | have otherwise been transferred from the General Revenue Fund |
2 | | shall be transferred from the Road Fund. The remaining balance |
3 | | of such transfers shall be made from the General Revenue Fund. |
4 | | (5) For State fiscal year 2018 only, notwithstanding any |
5 | | provision of law to the contrary, the total amount of revenue |
6 | | and deposits under this subsection (a) attributable to revenues |
7 | | realized during State fiscal year 2018 shall be reduced by 10%.
|
8 | | (b)(1) All moneys deposited in the Public Transportation |
9 | | Fund and the
Regional Transportation Authority Occupation and |
10 | | Use Tax Replacement Fund,
whether deposited pursuant to this |
11 | | Section or otherwise, are allocated to
the Authority. The |
12 | | Comptroller, as soon as
possible after each monthly transfer |
13 | | provided in this Section and after
each deposit into the Public |
14 | | Transportation Fund, shall order the Treasurer
to pay to the |
15 | | Authority out of the Public Transportation Fund the amount so
|
16 | | transferred or deposited. Any Additional State Assistance and |
17 | | Additional Financial Assistance paid to the Authority under |
18 | | this Section shall be expended by the Authority for its |
19 | | purposes as provided in this Act. The balance of the amounts |
20 | | paid to the Authority from the Public Transportation Fund shall |
21 | | be expended by the Authority as provided in Section 4.03.3. The
|
22 | | Comptroller,
as soon as possible after each deposit into the |
23 | | Regional Transportation
Authority Occupation and Use Tax |
24 | | Replacement Fund provided in this Section
and Section 6z-17 of |
25 | | the State Finance Act, shall order the Treasurer
to pay to the |
26 | | Authority out of the Regional Transportation Authority
|
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1 | | Occupation and Use Tax Replacement Fund the amount so |
2 | | deposited. Such
amounts paid to the Authority may be expended |
3 | | by it for its purposes as
provided in this Act. The provisions |
4 | | directing the distributions from the Public Transportation |
5 | | Fund and the Regional Transportation Authority Occupation and |
6 | | Use Tax Replacement Fund provided for in this Section shall |
7 | | constitute an irrevocable and continuing appropriation of all |
8 | | amounts as provided herein. The State Treasurer and State |
9 | | Comptroller are hereby authorized and directed to make |
10 | | distributions as provided in this Section. (2) Provided, |
11 | | however, no moneys deposited under subsection (a)
of this |
12 | | Section shall be paid from the Public Transportation
Fund to |
13 | | the Authority or its assignee for any fiscal year until the |
14 | | Authority has certified to
the Governor, the Comptroller, and |
15 | | the Mayor of the City of Chicago that it
has adopted for that |
16 | | fiscal year an Annual Budget and Two-Year Financial Plan
|
17 | | meeting the
requirements in Section 4.01(b).
|
18 | | (c) In recognition of the efforts of the Authority to |
19 | | enhance the mass
transportation facilities under its control, |
20 | | the State shall provide
financial assistance ("Additional |
21 | | State Assistance") in excess of the
amounts transferred to the |
22 | | Authority from the General Revenue Fund under
subsection (a) of |
23 | | this Section. Additional State Assistance shall be
calculated |
24 | | as provided in
subsection (d), but shall in no event exceed the |
25 | | following
specified amounts with respect to the following State |
26 | | fiscal 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 |
13 | | Additional State Assistance provided by
subsection (c) and the |
14 | | amounts transferred to the Authority from the General
Revenue |
15 | | Fund under subsection (a) of this Section. Additional Financial
|
16 | | Assistance provided by this subsection shall be calculated as |
17 | | provided in
subsection (d), but shall in no event exceed the |
18 | | following specified amounts
with respect to the following State |
19 | | fiscal 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 |
2 | | for each
State fiscal year thereafter, the Authority shall |
3 | | annually certify to the
State Comptroller and State Treasurer, |
4 | | separately 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 |
26 | | service payments, including the date and amount of each
payment |
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1 | | for all outstanding bonds or notes and an estimated schedule of
|
2 | | anticipated debt service for all bonds and notes it intends to |
3 | | issue, if any,
during that State fiscal year, including the |
4 | | estimated date and estimated
amount of each payment.
|
5 | | Immediately upon the issuance of bonds for which an |
6 | | estimated schedule
of debt service payments was prepared, the |
7 | | Authority shall file an amended
certification with respect to |
8 | | item (2) above, to specify the actual
schedule of debt service |
9 | | payments, including the date and amount of each
payment, for |
10 | | the remainder of the State fiscal year.
|
11 | | On the first day of each month of the
State fiscal year in |
12 | | which there are bonds outstanding with respect to which
the |
13 | | certification is made, the State Comptroller shall order |
14 | | transferred and
the State Treasurer shall transfer from the |
15 | | Road General Revenue Fund to the
Public Transportation Fund the |
16 | | Additional State Assistance and Additional
Financial |
17 | | Assistance in an amount equal to the aggregate of
(i) |
18 | | one-twelfth of the sum of the amounts certified under items
(1) |
19 | | and (3) above less the amount certified under item (4) above, |
20 | | plus
(ii)
the amount required to pay debt service on bonds and |
21 | | notes
issued during the fiscal year, if any, divided by the |
22 | | number of months
remaining in the fiscal year after the date of |
23 | | issuance, or some smaller
portion as may be necessary under |
24 | | subsection (c)
or (c-5) of this Section for the relevant State |
25 | | fiscal year, plus
(iii) any cumulative deficiencies in |
26 | | transfers for prior months,
until an amount equal to the
sum of |
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1 | | the amounts certified under items (1) and (3) above,
plus the |
2 | | actual debt service certified under item (2) above,
less the |
3 | | amount certified under item (4) above,
has been transferred; |
4 | | except that these transfers are subject to the
following |
5 | | limits:
|
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 |
25 | | which
refunding or advance refunding bonds or notes have been |
26 | | issued.
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1 | | (e) Neither Additional State Assistance nor Additional |
2 | | Financial
Assistance may be pledged, either directly or
|
3 | | indirectly as general revenues of the Authority, as security |
4 | | for any bonds
issued by the Authority. The Authority may not |
5 | | assign its right to receive
Additional State Assistance or |
6 | | Additional Financial Assistance, or direct
payment of |
7 | | Additional State
Assistance or Additional Financial |
8 | | Assistance, to a trustee or any other
entity for the
payment of |
9 | | debt service
on its bonds.
|
10 | | (f) The certification required under subsection (d) with |
11 | | respect to
outstanding bonds and notes of the Authority shall |
12 | | be
filed as early as practicable before the beginning of the |
13 | | State fiscal
year to which it relates. The certification shall |
14 | | be revised as may be
necessary to accurately state the debt |
15 | | service requirements of the Authority.
|
16 | | (g) Within 6 months of the end of each fiscal year, the |
17 | | Authority 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 |
10 | | paragraph (g),
the Authority shall reduce the amount provided |
11 | | to a Service Board from funds
transferred under paragraph (a) |
12 | | in proportion to the amount by which
that Service Board failed |
13 | | to meet its required system generated revenues
recovery ratio. |
14 | | A Service Board which is affected by a reduction in funds
under |
15 | | this paragraph shall submit to the Authority concurrently with |
16 | | its
next due quarterly report a revised budget incorporating |
17 | | the reduction in
funds. The revised budget must meet the |
18 | | criteria specified in clauses (i)
through (vi) of Section |
19 | | 4.11(b)(2). The Board shall review and act on the
revised |
20 | | budget as provided in Section 4.11(b)(3).
|
21 | | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08; |
22 | | 95-906, eff. 8-26-08.)
|
23 | | Section 5-40. The School Code is amended by changing |
24 | | Section 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 |
3 | | financial aid and
supplemental general State aid to the common |
4 | | schools for the 1998-1999 and
subsequent school years.
|
5 | | (A) General Provisions. |
6 | | (1) The provisions of this Section apply to the 1998-1999 |
7 | | and subsequent
school years. The system of general State |
8 | | financial aid provided for in this
Section
is designed to |
9 | | assure that, through a combination of State financial aid and
|
10 | | required local resources, the financial support provided each |
11 | | pupil in Average
Daily Attendance equals or exceeds a
|
12 | | prescribed per pupil Foundation Level. This formula approach |
13 | | imputes a level
of per pupil Available Local Resources and |
14 | | provides for the basis to calculate
a per pupil level of |
15 | | general State financial aid that, when added to Available
Local |
16 | | Resources, equals or exceeds the Foundation Level. The
amount |
17 | | of per pupil general State financial aid for school districts, |
18 | | in
general, varies in inverse
relation to Available Local |
19 | | Resources. Per pupil amounts are based upon
each school |
20 | | district's Average Daily Attendance as that term is defined in |
21 | | this
Section. |
22 | | (2) In addition to general State financial aid, school |
23 | | districts with
specified levels or concentrations of pupils |
24 | | from low income households are
eligible to receive supplemental |
25 | | general State financial aid grants as provided
pursuant to |
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1 | | subsection (H).
The supplemental State aid grants provided for |
2 | | school districts under
subsection (H) shall be appropriated for |
3 | | distribution to school districts as
part of the same line item |
4 | | in which the general State financial aid of school
districts is |
5 | | appropriated under this Section. |
6 | | (3) To receive financial assistance under this Section, |
7 | | school districts
are required to file claims with the State |
8 | | Board 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 |
9 | | board of any district
receiving any of the grants provided for |
10 | | in this Section may apply those funds
to any fund so received |
11 | | for which that board is authorized to make expenditures
by law. |
12 | | School districts are not required to exert a minimum |
13 | | Operating Tax Rate in
order to qualify for assistance under |
14 | | this Section. |
15 | | (5) As used in this Section the following terms, when |
16 | | capitalized, 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 |
14 | | State representing
the minimum level of per pupil financial |
15 | | support that should be available to
provide for the basic |
16 | | education of each pupil in
Average Daily Attendance. As set |
17 | | forth in this Section, each school district
is assumed to exert
|
18 | | a sufficient local taxing effort such that, in combination with |
19 | | the aggregate
of general State
financial aid provided the |
20 | | district, an aggregate of State and local resources
are |
21 | | available to meet
the basic education needs of pupils in the |
22 | | district. |
23 | | (2) For the 1998-1999 school year, the Foundation Level of |
24 | | support is
$4,225. For the 1999-2000 school year, the |
25 | | Foundation Level of support is
$4,325. For the 2000-2001 school |
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1 | | year, the Foundation Level of support is
$4,425. For the |
2 | | 2001-2002 school year and 2002-2003 school year, the
Foundation |
3 | | Level of support is $4,560. For the 2003-2004 school year, the |
4 | | Foundation Level of support is $4,810. For the 2004-2005 school |
5 | | year, the Foundation Level of support is $4,964.
For the |
6 | | 2005-2006 school year,
the Foundation Level of support is |
7 | | $5,164. For the 2006-2007 school year, the Foundation Level of |
8 | | support is $5,334. For the 2007-2008 school year, the |
9 | | Foundation Level of support is $5,734. For the 2008-2009 school |
10 | | year, the Foundation Level of support is $5,959. |
11 | | (3) For the 2009-2010 school year and each school year |
12 | | thereafter,
the Foundation Level of support is $6,119 or such |
13 | | greater amount as
may be established by law by the General |
14 | | Assembly.
|
15 | | (C) Average Daily Attendance. |
16 | | (1) For purposes of calculating general State aid pursuant |
17 | | to subsection
(E), an Average Daily Attendance figure shall be |
18 | | utilized. The Average Daily
Attendance figure for formula
|
19 | | calculation purposes shall be the monthly average of the actual |
20 | | number of
pupils in attendance of
each school district, as |
21 | | further averaged for the best 3 months of pupil
attendance for |
22 | | each
school district. In compiling the figures for the number |
23 | | of pupils in
attendance, school districts
and the State Board |
24 | | of Education shall, for purposes of general State aid
funding, |
25 | | conform
attendance figures to the requirements of subsection |
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1 | | (F). |
2 | | (2) The Average Daily Attendance figures utilized in |
3 | | subsection (E) shall be
the requisite attendance data for the |
4 | | school year immediately preceding
the
school year for which |
5 | | general State aid is being calculated
or the average of the |
6 | | attendance data for the 3 preceding school
years, whichever is |
7 | | greater. The Average Daily Attendance figures
utilized in |
8 | | subsection (H) shall be the requisite attendance data for the
|
9 | | school year immediately preceding the school year for which |
10 | | general
State aid is being calculated.
|
11 | | (D) Available Local Resources. |
12 | | (1) For purposes of calculating general State aid pursuant |
13 | | to subsection
(E), a representation of Available Local |
14 | | Resources per pupil, as that term is
defined and determined in |
15 | | this subsection, shall be utilized. Available Local
Resources |
16 | | per pupil shall include a calculated
dollar amount representing |
17 | | local school district revenues from local property
taxes and |
18 | | from
Corporate Personal Property Replacement Taxes, expressed |
19 | | on the basis of pupils
in Average
Daily Attendance. Calculation |
20 | | of Available Local Resources shall exclude any tax amnesty |
21 | | funds received as a result of Public Act 93-26. |
22 | | (2) In determining a school district's revenue from local |
23 | | property taxes,
the State Board of Education shall utilize the |
24 | | equalized assessed valuation of
all taxable property of each |
25 | | school
district as of September 30 of the previous year. The |
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1 | | equalized assessed
valuation utilized shall
be obtained and |
2 | | determined as provided in subsection (G). |
3 | | (3) For school districts maintaining grades kindergarten |
4 | | through 12, local
property tax
revenues per pupil shall be |
5 | | calculated as the product of the applicable
equalized assessed
|
6 | | valuation for the district multiplied by 3.00%, and divided by |
7 | | the district's
Average Daily
Attendance figure. For school |
8 | | districts maintaining grades kindergarten
through 8, local
|
9 | | property tax revenues per pupil shall be calculated as the |
10 | | product of the
applicable equalized
assessed valuation for the |
11 | | district multiplied by 2.30%, and divided by the
district's |
12 | | Average
Daily Attendance figure. For school districts |
13 | | maintaining grades 9 through 12,
local property
tax revenues |
14 | | per pupil shall be the applicable equalized assessed valuation |
15 | | of
the district
multiplied by 1.05%, and divided by the |
16 | | district's Average Daily
Attendance
figure. |
17 | | For partial elementary unit districts created pursuant to |
18 | | Article 11E of this Code, local property tax revenues per pupil |
19 | | shall be calculated as the product of the equalized assessed |
20 | | valuation for property within the partial elementary unit |
21 | | district for elementary purposes, as defined in Article 11E of |
22 | | this Code, multiplied by 2.06% and divided by the district's |
23 | | Average Daily Attendance figure, plus the product of the |
24 | | equalized assessed valuation for property within the partial |
25 | | elementary unit district for high school purposes, as defined |
26 | | in Article 11E of this Code, multiplied by 0.94% and divided by |
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1 | | the district's Average Daily Attendance figure.
|
2 | | (4) The Corporate Personal Property Replacement Taxes paid |
3 | | to each school
district during the calendar year one year |
4 | | before the calendar year in which a
school year begins, divided |
5 | | by the Average Daily Attendance figure for that
district, shall |
6 | | be added to the local property tax revenues per pupil as
|
7 | | derived by the application of the immediately preceding |
8 | | paragraph (3). The sum
of these per pupil figures for each |
9 | | school district shall constitute Available
Local Resources as |
10 | | that term is utilized in subsection (E) in the calculation
of |
11 | | general State aid.
|
12 | | (E) Computation of General State Aid. |
13 | | (1) For each school year, the amount of general State aid |
14 | | allotted to a
school district shall be computed by the State |
15 | | Board of Education as provided
in this subsection. |
16 | | (2) For any school district for which Available Local |
17 | | Resources per pupil
is less than the product of 0.93 times the |
18 | | Foundation Level, general State aid
for that district shall be |
19 | | calculated as an amount equal to the Foundation
Level minus |
20 | | Available Local Resources, multiplied by the Average Daily
|
21 | | Attendance of the school district. |
22 | | (3) For any school district for which Available Local |
23 | | Resources per pupil
is equal to or greater than the product of |
24 | | 0.93 times the Foundation Level and
less than the product of |
25 | | 1.75 times the Foundation Level, the general State aid
per |
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1 | | pupil shall be a decimal proportion of the Foundation Level |
2 | | derived using a
linear algorithm. Under this linear algorithm, |
3 | | the calculated general State
aid per pupil shall decline in |
4 | | direct linear fashion from 0.07 times the
Foundation Level for |
5 | | a school district with Available Local Resources equal to
the |
6 | | product of 0.93 times the Foundation Level, to 0.05 times the |
7 | | Foundation
Level for a school district with Available Local |
8 | | Resources equal to the product
of 1.75 times the Foundation |
9 | | Level. The allocation of general
State aid for school districts |
10 | | subject to this paragraph 3 shall be the
calculated general |
11 | | State aid
per pupil figure multiplied by the Average Daily |
12 | | Attendance of the school
district. |
13 | | (4) For any school district for which Available Local |
14 | | Resources per pupil
equals or exceeds the product of 1.75 times |
15 | | the Foundation Level, the general
State aid for the school |
16 | | district shall be calculated as the product of $218
multiplied |
17 | | by the Average Daily Attendance of the school
district. |
18 | | (5) The amount of general State aid allocated to a school |
19 | | district for
the 1999-2000 school year meeting the requirements |
20 | | set forth in paragraph (4)
of subsection
(G) shall be increased |
21 | | by an amount equal to the general State aid that
would have |
22 | | been received by the district for the 1998-1999 school year by
|
23 | | utilizing the Extension Limitation Equalized Assessed |
24 | | Valuation as calculated
in paragraph (4) of subsection (G) less |
25 | | the general State aid allotted for the
1998-1999
school year. |
26 | | This amount shall be deemed a one time increase, and shall not
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1 | | affect 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, |
4 | | submit to the State
Board of Education, on forms prescribed by |
5 | | the State Board of Education,
attendance figures for the school |
6 | | year that began in the preceding calendar
year. The attendance |
7 | | information so transmitted shall identify the average
daily |
8 | | attendance figures for each month of the school year. Beginning |
9 | | with
the general State aid claim form for the 2002-2003 school
|
10 | | year, districts shall calculate Average Daily Attendance as |
11 | | provided 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
|
9 | | attendance by pupils shall be counted only for sessions of not |
10 | | less than
5 clock hours of school work per day under direct |
11 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or |
12 | | volunteer personnel when engaging
in non-teaching duties and |
13 | | supervising in those instances specified in
subsection (a) of |
14 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
15 | | of legal school age and in kindergarten and grades 1 through |
16 | | 12. Days of attendance by pupils through verified participation |
17 | | in an e-learning program approved by the State Board of |
18 | | Education under Section 10-20.56 of the Code shall be |
19 | | considered as full days of attendance for purposes of this |
20 | | Section. |
21 | | Days of attendance by tuition pupils shall be accredited |
22 | | only to the
districts that pay the tuition to a recognized |
23 | | school. |
24 | | (2) Days of attendance by pupils of less than 5 clock hours |
25 | | of school
shall be subject to the following provisions in the |
26 | | compilation 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 |
23 | | Resources required
pursuant to subsection (D), the
State Board |
24 | | of Education shall secure from the Department of
Revenue the |
25 | | value as equalized or assessed by the Department of Revenue of
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1 | | all taxable property of every school district, together with |
2 | | (i) the applicable
tax rate used in extending taxes for the |
3 | | funds of the district as of
September 30 of the previous year
|
4 | | and (ii) the limiting rate for all school
districts subject to |
5 | | property tax extension limitations as imposed under the
|
6 | | Property Tax Extension Limitation Law.
|
7 | | The Department of Revenue shall add to the equalized |
8 | | assessed value of all
taxable
property of each school district |
9 | | situated entirely or partially within a county
that is or was |
10 | | subject to the
provisions of Section 15-176 or 15-177 of the |
11 | | Property Tax Code (a)
an amount equal to the total amount by |
12 | | which the
homestead exemption allowed under Section 15-176 or |
13 | | 15-177 of the Property Tax Code for
real
property situated in |
14 | | that school district exceeds the total amount that would
have |
15 | | been
allowed in that school district if the maximum reduction |
16 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in |
17 | | all other counties in tax year 2003 or (ii) $5,000 in all |
18 | | counties in tax year 2004 and thereafter and (b) an amount |
19 | | equal to the aggregate amount for the taxable year of all |
20 | | additional exemptions under Section 15-175 of the Property Tax |
21 | | Code for owners with a household income of $30,000 or less. The |
22 | | county clerk of any county that is or was subject to the |
23 | | provisions of Section 15-176 or 15-177 of the Property Tax Code |
24 | | shall
annually calculate and certify to the Department of |
25 | | Revenue for each school
district all
homestead exemption |
26 | | amounts under Section 15-176 or 15-177 of the Property Tax Code |
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1 | | and all amounts of additional exemptions under Section 15-175 |
2 | | of 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 |
4 | | general homestead exemption for a parcel of property is |
5 | | determined under Section 15-176 or 15-177 of the Property Tax |
6 | | Code rather than Section 15-175, then the calculation of |
7 | | Available Local Resources shall not be affected by the |
8 | | difference, if any, between the amount of the general homestead |
9 | | exemption allowed for that parcel of property under Section |
10 | | 15-176 or 15-177 of the Property Tax Code and the amount that |
11 | | would have been allowed had the general homestead exemption for |
12 | | that parcel of property been determined under Section 15-175 of |
13 | | the Property Tax Code. It is further the intent of this |
14 | | paragraph that if additional exemptions are allowed under |
15 | | Section 15-175 of the Property Tax Code for owners with a |
16 | | household income of less than $30,000, then the calculation of |
17 | | Available Local Resources shall not be affected by the |
18 | | difference, if any, because of those additional exemptions. |
19 | | This equalized assessed valuation, as adjusted further by |
20 | | the requirements of
this subsection, shall be utilized in the |
21 | | calculation of Available Local
Resources. |
22 | | (2) The equalized assessed valuation in paragraph (1) shall |
23 | | be 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
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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
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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 |
10 | | thereafter, if a
school district meets all of the criteria of |
11 | | this subsection (G)(3), the school
district's Available Local |
12 | | Resources shall be calculated under subsection (D)
using the |
13 | | district's Extension Limitation Equalized Assessed Valuation |
14 | | as
calculated under this
subsection (G)(3). |
15 | | For purposes of this subsection (G)(3) the following terms |
16 | | shall 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 |
13 | | limitations as
imposed under
the Property Tax Extension |
14 | | Limitation Law, the State Board of Education shall
calculate |
15 | | the Extension
Limitation
Equalized Assessed Valuation of that |
16 | | district. For the 1999-2000 school
year, the
Extension |
17 | | Limitation Equalized Assessed Valuation of a school district as
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18 | | calculated by the State Board of Education shall be equal to |
19 | | the product of the
district's 1996 Equalized Assessed Valuation |
20 | | and the district's Extension
Limitation Ratio. Except as |
21 | | otherwise provided in this paragraph for a school district that |
22 | | has approved or does approve an increase in its limiting rate, |
23 | | for the 2000-2001 school year and each school year
thereafter,
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24 | | the Extension Limitation Equalized Assessed Valuation of a |
25 | | school district as
calculated by the State Board of Education |
26 | | shall be equal to the product of
the Equalized Assessed |
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1 | | Valuation last used in the calculation of general State
aid and |
2 | | the
district's Extension Limitation Ratio. If the Extension |
3 | | Limitation
Equalized
Assessed Valuation of a school district as |
4 | | calculated under
this subsection (G)(3) is less than the |
5 | | district's equalized assessed valuation
as calculated pursuant |
6 | | to subsections (G)(1) and (G)(2), then for purposes of
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7 | | calculating the district's general State aid for the Budget |
8 | | Year pursuant to
subsection (E), that Extension
Limitation |
9 | | Equalized Assessed Valuation shall be utilized to calculate the
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10 | | district's Available Local Resources
under subsection (D). For |
11 | | the 2009-2010 school year and each school year thereafter, if a |
12 | | school district has approved or does approve an increase in its |
13 | | limiting rate, pursuant to Section 18-190 of the Property Tax |
14 | | Code, affecting the Base Tax Year, the Extension Limitation |
15 | | Equalized Assessed Valuation of the school district, as |
16 | | calculated by the State Board of Education, shall be equal to |
17 | | the product of the Equalized Assessed Valuation last used in |
18 | | the calculation of general State aid times an amount equal to |
19 | | one plus the percentage increase, if any, in the Consumer Price |
20 | | Index for all Urban Consumers for all items published by the |
21 | | United States Department of Labor for the 12-month calendar |
22 | | year preceding the Base Tax Year, plus the Equalized Assessed |
23 | | Valuation of new property, annexed property, and recovered tax |
24 | | increment value and minus the Equalized Assessed Valuation of |
25 | | disconnected property. New property and recovered tax |
26 | | increment value shall have the meanings set forth in the |
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1 | | Property Tax Extension Limitation Law. |
2 | | Partial elementary unit districts created in accordance |
3 | | with Article 11E of this Code shall not be eligible for the |
4 | | adjustment in this subsection (G)(3) until the fifth year |
5 | | following the effective date of the reorganization.
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6 | | (3.5) For the 2010-2011 school year and each school year |
7 | | thereafter, if a school district's boundaries span multiple |
8 | | counties, then the Department of Revenue shall send to the |
9 | | State Board of Education, for the purpose of calculating |
10 | | general State aid, the limiting rate and individual rates by |
11 | | purpose for the county that contains the majority of the school |
12 | |