Rep. Gregory Harris

Filed: 7/3/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 42

2    AMENDMENT NO. ______. Amend Senate Bill 42 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6FY2018 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9State budget.
 
10    Section 1-10. Designation of reserves.
11    (a) For the purposes of implementing the budget
12recommendations for fiscal year 2018 and balancing the State's
13budget in State fiscal year 2018 only, the Governor may
14designate, by written notice to the Comptroller, a reserve of

 

 

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1not more than 5% from the amounts appropriated from funds held
2by the Treasurer for State fiscal year 2018 to any State
3agency. However, the Governor may not designate amounts to be
4set aside as a reserve from amounts that (i) have been
5appropriated for payment of debt service, (ii) have been
6appropriated under a statutory continuing appropriation, (iii)
7are State general funds, (iv) are in the Supplemental
8Low-Income Energy Assistance Fund, or (v) are funds received
9from federal sources.
10    (b) If the Governor designates amounts to be set aside as a
11reserve, the Governor shall give notice of the designation to
12the Auditor General, the State Treasurer, the State
13Comptroller, the Senate, and the House of Representatives.
14    (c) As used in this Section:
15    "State agency" means all boards, commissions, agencies,
16institutions, authorities, colleges, universities, and bodies
17politic and corporate of the State, but not any other
18constitutional officers, the legislative or judicial branch,
19the office of the Executive Inspector General, or the Executive
20Ethics Commission.
21    "State general funds" has the meaning provided in Section
2250-40 of the State Budget Law.
 
23
ARTICLE 5. AMENDATORY PROVISIONS

 
24    Section 5-2. The Illinois Administrative Procedure Act is

 

 

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1amended by changing Section 5-45 as follows:
 
2    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
3    Sec. 5-45. Emergency rulemaking.
4    (a) "Emergency" means the existence of any situation that
5any agency finds reasonably constitutes a threat to the public
6interest, safety, or welfare.
7    (b) If any agency finds that an emergency exists that
8requires adoption of a rule upon fewer days than is required by
9Section 5-40 and states in writing its reasons for that
10finding, the agency may adopt an emergency rule without prior
11notice or hearing upon filing a notice of emergency rulemaking
12with the Secretary of State under Section 5-70. The notice
13shall include the text of the emergency rule and shall be
14published in the Illinois Register. Consent orders or other
15court orders adopting settlements negotiated by an agency may
16be adopted under this Section. Subject to applicable
17constitutional or statutory provisions, an emergency rule
18becomes effective immediately upon filing under Section 5-65 or
19at a stated date less than 10 days thereafter. The agency's
20finding and a statement of the specific reasons for the finding
21shall be filed with the rule. The agency shall take reasonable
22and appropriate measures to make emergency rules known to the
23persons who may be affected by them.
24    (c) An emergency rule may be effective for a period of not
25longer than 150 days, but the agency's authority to adopt an

 

 

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1identical rule under Section 5-40 is not precluded. No
2emergency rule may be adopted more than once in any 24-month
3period, except that this limitation on the number of emergency
4rules that may be adopted in a 24-month period does not apply
5to (i) emergency rules that make additions to and deletions
6from the Drug Manual under Section 5-5.16 of the Illinois
7Public Aid Code or the generic drug formulary under Section
83.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
9emergency rules adopted by the Pollution Control Board before
10July 1, 1997 to implement portions of the Livestock Management
11Facilities Act, (iii) emergency rules adopted by the Illinois
12Department of Public Health under subsections (a) through (i)
13of Section 2 of the Department of Public Health Act when
14necessary to protect the public's health, (iv) emergency rules
15adopted pursuant to subsection (n) of this Section, (v)
16emergency rules adopted pursuant to subsection (o) of this
17Section, or (vi) emergency rules adopted pursuant to subsection
18(c-5) of this Section. Two or more emergency rules having
19substantially the same purpose and effect shall be deemed to be
20a single rule for purposes of this Section.
21    (c-5) To facilitate the maintenance of the program of group
22health benefits provided to annuitants, survivors, and retired
23employees under the State Employees Group Insurance Act of
241971, rules to alter the contributions to be paid by the State,
25annuitants, survivors, retired employees, or any combination
26of those entities, for that program of group health benefits,

 

 

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1shall be adopted as emergency rules. The adoption of those
2rules shall be considered an emergency and necessary for the
3public interest, safety, and welfare.
4    (d) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 1999 budget,
6emergency rules to implement any provision of Public Act 90-587
7or 90-588 or any other budget initiative for fiscal year 1999
8may be adopted in accordance with this Section by the agency
9charged with administering that provision or initiative,
10except that the 24-month limitation on the adoption of
11emergency rules and the provisions of Sections 5-115 and 5-125
12do not apply to rules adopted under this subsection (d). The
13adoption of emergency rules authorized by this subsection (d)
14shall be deemed to be necessary for the public interest,
15safety, and welfare.
16    (e) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2000 budget,
18emergency rules to implement any provision of Public Act 91-24
19or any other budget initiative for fiscal year 2000 may be
20adopted in accordance with this Section by the agency charged
21with administering that provision or initiative, except that
22the 24-month limitation on the adoption of emergency rules and
23the provisions of Sections 5-115 and 5-125 do not apply to
24rules adopted under this subsection (e). The adoption of
25emergency rules authorized by this subsection (e) shall be
26deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    (f) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2001 budget,
4emergency rules to implement any provision of Public Act 91-712
5or any other budget initiative for fiscal year 2001 may be
6adopted in accordance with this Section by the agency charged
7with administering that provision or initiative, except that
8the 24-month limitation on the adoption of emergency rules and
9the provisions of Sections 5-115 and 5-125 do not apply to
10rules adopted under this subsection (f). The adoption of
11emergency rules authorized by this subsection (f) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14    (g) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2002 budget,
16emergency rules to implement any provision of Public Act 92-10
17or any other budget initiative for fiscal year 2002 may be
18adopted in accordance with this Section by the agency charged
19with administering that provision or initiative, except that
20the 24-month limitation on the adoption of emergency rules and
21the provisions of Sections 5-115 and 5-125 do not apply to
22rules adopted under this subsection (g). The adoption of
23emergency rules authorized by this subsection (g) shall be
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (h) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 2003 budget,
2emergency rules to implement any provision of Public Act 92-597
3or any other budget initiative for fiscal year 2003 may be
4adopted in accordance with this Section by the agency charged
5with administering that provision or initiative, except that
6the 24-month limitation on the adoption of emergency rules and
7the provisions of Sections 5-115 and 5-125 do not apply to
8rules adopted under this subsection (h). The adoption of
9emergency rules authorized by this subsection (h) shall be
10deemed to be necessary for the public interest, safety, and
11welfare.
12    (i) In order to provide for the expeditious and timely
13implementation of the State's fiscal year 2004 budget,
14emergency rules to implement any provision of Public Act 93-20
15or any other budget initiative for fiscal year 2004 may be
16adopted in accordance with this Section by the agency charged
17with administering that provision or initiative, except that
18the 24-month limitation on the adoption of emergency rules and
19the provisions of Sections 5-115 and 5-125 do not apply to
20rules adopted under this subsection (i). The adoption of
21emergency rules authorized by this subsection (i) shall be
22deemed to be necessary for the public interest, safety, and
23welfare.
24    (j) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262005 budget as provided under the Fiscal Year 2005 Budget

 

 

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1Implementation (Human Services) Act, emergency rules to
2implement any provision of the Fiscal Year 2005 Budget
3Implementation (Human Services) Act may be adopted in
4accordance with this Section by the agency charged with
5administering that provision, except that the 24-month
6limitation on the adoption of emergency rules and the
7provisions of Sections 5-115 and 5-125 do not apply to rules
8adopted under this subsection (j). The Department of Public Aid
9may also adopt rules under this subsection (j) necessary to
10administer the Illinois Public Aid Code and the Children's
11Health Insurance Program Act. The adoption of emergency rules
12authorized by this subsection (j) shall be deemed to be
13necessary for the public interest, safety, and welfare.
14    (k) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162006 budget, emergency rules to implement any provision of
17Public Act 94-48 or any other budget initiative for fiscal year
182006 may be adopted in accordance with this Section by the
19agency charged with administering that provision or
20initiative, except that the 24-month limitation on the adoption
21of emergency rules and the provisions of Sections 5-115 and
225-125 do not apply to rules adopted under this subsection (k).
23The Department of Healthcare and Family Services may also adopt
24rules under this subsection (k) necessary to administer the
25Illinois Public Aid Code, the Senior Citizens and Persons with
26Disabilities Property Tax Relief Act, the Senior Citizens and

 

 

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1Disabled Persons Prescription Drug Discount Program Act (now
2the Illinois Prescription Drug Discount Program Act), and the
3Children's Health Insurance Program Act. The adoption of
4emergency rules authorized by this subsection (k) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7    (l) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92007 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2007, including
11rules effective July 1, 2007, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (l) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (m) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222008 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2008, including
24rules effective July 1, 2008, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

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1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (m) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (n) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92010 budget, emergency rules to implement any provision of
10Public Act 96-45 or any other budget initiative authorized by
11the 96th General Assembly for fiscal year 2010 may be adopted
12in accordance with this Section by the agency charged with
13administering that provision or initiative. The adoption of
14emergency rules authorized by this subsection (n) shall be
15deemed to be necessary for the public interest, safety, and
16welfare. The rulemaking authority granted in this subsection
17(n) shall apply only to rules promulgated during Fiscal Year
182010.
19    (o) In order to provide for the expeditious and timely
20implementation of the provisions of the State's fiscal year
212011 budget, emergency rules to implement any provision of
22Public Act 96-958 or any other budget initiative authorized by
23the 96th General Assembly for fiscal year 2011 may be adopted
24in accordance with this Section by the agency charged with
25administering that provision or initiative. The adoption of
26emergency rules authorized by this subsection (o) is deemed to

 

 

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1be necessary for the public interest, safety, and welfare. The
2rulemaking authority granted in this subsection (o) applies
3only to rules promulgated on or after July 1, 2010 (the
4effective date of Public Act 96-958) through June 30, 2011.
5    (p) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 97-689,
7emergency rules to implement any provision of Public Act 97-689
8may be adopted in accordance with this subsection (p) by the
9agency charged with administering that provision or
10initiative. The 150-day limitation of the effective period of
11emergency rules does not apply to rules adopted under this
12subsection (p), and the effective period may continue through
13June 30, 2013. The 24-month limitation on the adoption of
14emergency rules does not apply to rules adopted under this
15subsection (p). The adoption of emergency rules authorized by
16this subsection (p) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (q) In order to provide for the expeditious and timely
19implementation of the provisions of Articles 7, 8, 9, 11, and
2012 of Public Act 98-104, emergency rules to implement any
21provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
22may be adopted in accordance with this subsection (q) by the
23agency charged with administering that provision or
24initiative. The 24-month limitation on the adoption of
25emergency rules does not apply to rules adopted under this
26subsection (q). The adoption of emergency rules authorized by

 

 

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1this subsection (q) is deemed to be necessary for the public
2interest, safety, and welfare.
3    (r) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 98-651,
5emergency rules to implement Public Act 98-651 may be adopted
6in accordance with this subsection (r) by the Department of
7Healthcare and Family Services. The 24-month limitation on the
8adoption of emergency rules does not apply to rules adopted
9under this subsection (r). The adoption of emergency rules
10authorized by this subsection (r) is deemed to be necessary for
11the public interest, safety, and welfare.
12    (s) In order to provide for the expeditious and timely
13implementation of the provisions of Sections 5-5b.1 and 5A-2 of
14the Illinois Public Aid Code, emergency rules to implement any
15provision of Section 5-5b.1 or Section 5A-2 of the Illinois
16Public Aid Code may be adopted in accordance with this
17subsection (s) by the Department of Healthcare and Family
18Services. The rulemaking authority granted in this subsection
19(s) shall apply only to those rules adopted prior to July 1,
202015. Notwithstanding any other provision of this Section, any
21emergency rule adopted under this subsection (s) shall only
22apply to payments made for State fiscal year 2015. The adoption
23of emergency rules authorized by this subsection (s) is deemed
24to be necessary for the public interest, safety, and welfare.
25    (t) In order to provide for the expeditious and timely
26implementation of the provisions of Article II of Public Act

 

 

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199-6, emergency rules to implement the changes made by Article
2II of Public Act 99-6 to the Emergency Telephone System Act may
3be adopted in accordance with this subsection (t) by the
4Department of State Police. The rulemaking authority granted in
5this subsection (t) shall apply only to those rules adopted
6prior to July 1, 2016. The 24-month limitation on the adoption
7of emergency rules does not apply to rules adopted under this
8subsection (t). The adoption of emergency rules authorized by
9this subsection (t) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (u) In order to provide for the expeditious and timely
12implementation of the provisions of the Burn Victims Relief
13Act, emergency rules to implement any provision of the Act may
14be adopted in accordance with this subsection (u) by the
15Department of Insurance. The rulemaking authority granted in
16this subsection (u) shall apply only to those rules adopted
17prior to December 31, 2015. The adoption of emergency rules
18authorized by this subsection (u) is deemed to be necessary for
19the public interest, safety, and welfare.
20    (v) In order to provide for the expeditious and timely
21implementation of the provisions of Public Act 99-516,
22emergency rules to implement Public Act 99-516 may be adopted
23in accordance with this subsection (v) by the Department of
24Healthcare and Family Services. The 24-month limitation on the
25adoption of emergency rules does not apply to rules adopted
26under this subsection (v). The adoption of emergency rules

 

 

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1authorized by this subsection (v) is deemed to be necessary for
2the public interest, safety, and welfare.
3    (w) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 99-796,
5emergency rules to implement the changes made by Public Act
699-796 may be adopted in accordance with this subsection (w) by
7the Adjutant General. The adoption of emergency rules
8authorized by this subsection (w) is deemed to be necessary for
9the public interest, safety, and welfare.
10    (x) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 99-906 this
12amendatory Act of the 99th General Assembly, emergency rules to
13implement subsection (i) of Section 16-115D, subsection (g) of
14Section 16-128A, and subsection (a) of Section 16-128B of the
15Public Utilities Act may be adopted in accordance with this
16subsection (x) by the Illinois Commerce Commission. The
17rulemaking authority granted in this subsection (x) shall apply
18only to those rules adopted within 180 days after June 1, 2017
19(the effective date of Public Act 99-906) this amendatory Act
20of the 99th General Assembly. The adoption of emergency rules
21authorized by this subsection (x) is deemed to be necessary for
22the public interest, safety, and welfare.
23    (y) In order to provide for the expeditious and timely
24implementation of the provisions of this amendatory Act of the
25100th General Assembly, emergency rules to implement the
26changes made by this amendatory Act of the 100th General

 

 

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1Assembly to Section 4.02 of the Illinois Act on Aging, Sections
25.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
3of the Alcoholism and Other Drug Abuse and Dependency Act, and
4Sections 74 and 75 of the Mental Health and Developmental
5Disabilities Administrative Act may be adopted in accordance
6with this subsection (y) by the respective Department. The
7adoption of emergency rules authorized by this subsection (y)
8is deemed to be necessary for the public interest, safety, and
9welfare.
10(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
1198-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
1299-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
136-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
14eff. 6-1-17; revised 1-1-17.)
 
15    Section 5-3. The State Budget Law of the Civil
16Administrative Code of Illinois is amended by adding Section
1750-40 as follows:
 
18    (15 ILCS 20/50-40 new)
19    Sec. 50-40. General funds defined. "General funds" or
20"State general funds" means the General Revenue Fund, the
21Common School Fund, the General Revenue Common School Special
22Account Fund, the Education Assistance Fund, the Fund for the
23Advancement of Education, the Commitment to Human Services
24Fund, and the Budget Stabilization Fund.
 

 

 

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1    Section 5-5. The Mental Health and Developmental
2Disabilities Administrative Act is amended by adding Section 74
3as follows:
 
4    (20 ILCS 1705/74 new)
5    Sec. 74. Rates and reimbursements. Within 30 days after the
6effective date of this amendatory Act of the 100th General
7Assembly, the Department shall increase rates and
8reimbursements to fund a minimum of a $0.75 per hour wage
9increase for front-line personnel, including, but not limited
10to, direct support persons, aides, front-line supervisors,
11qualified intellectual disabilities professionals, nurses, and
12non-administrative support staff working in community-based
13provider organizations serving individuals with developmental
14disabilities. The Department shall adopt rules, including
15emergency rules under subsection (y) of Section 5-45 of the
16Illinois Administrative Procedure Act, to implement the
17provisions of this Section.
 
18    Section 5-8. Purpose.
19    (a) The General Assembly finds and declares that:
20        (1) Sections 5.857 and 6z-100 of the State Finance Act
21    contained internal repealer dates of July 1, 2017.
22        (2) It is the purpose of this Section and Section 5-9
23    to reenact Sections 5.857 and 6z-100 of the State Finance

 

 

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1    Act as if they had never been internally repealed, and make
2    additional changes to those Sections. The reenacted
3    material is shown as existing text; striking and
4    underscoring have been used only to show the changes being
5    made by Section 5-9 in the reenacted text.
6        (3) This Section and Section 5-9 are not intended to
7    supersede any other Public Act of the 100th General
8    Assembly.
9        (4) This Section and Section 5-9 are intended to
10    validate the requirements arising under Sections 5.857 and
11    6z-100 of the State Finance Act and actions taken in
12    compliance with those requirements.
 
13    Section 5-9. The State Finance Act is amended by reenacting
14and changing Sections 5.857 and 6z-100 as follows:
 
15    (30 ILCS 105/5.857)
16    Sec. 5.857. The Capital Development Board Revolving Fund.
17This Section is repealed July 1, 2018 2017.
18(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15;
1999-523, eff. 6-30-16.)
 
20    (30 ILCS 105/6z-100)
21    Sec. 6z-100. Capital Development Board Revolving Fund;
22payments into and use. All monies received by the Capital
23Development Board for publications or copies issued by the

 

 

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1Board, and all monies received for contract administration
2fees, charges, or reimbursements owing to the Board shall be
3deposited into a special fund known as the Capital Development
4Board Revolving Fund, which is hereby created in the State
5treasury. The monies in this Fund shall be used by the Capital
6Development Board, as appropriated, for expenditures for
7personal services, retirement, social security, contractual
8services, legal services, travel, commodities, printing,
9equipment, electronic data processing, or telecommunications.
10Unexpended moneys in the Fund shall not be transferred or
11allocated by the Comptroller or Treasurer to any other fund,
12nor shall the Governor authorize the transfer or allocation of
13those moneys to any other fund. This Section is repealed July
141, 2018 2017.
15(Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
 
16    Section 5-10. The State Finance Act is amended by changing
17Sections 6t, 6z-27, 6z-30, 6z-32, 6z-45, 6z-52, 8.3, 8.25e, 8g,
188g-1, and 13.2 as follows:
 
19    (30 ILCS 105/6t)  (from Ch. 127, par. 142t)
20    Sec. 6t. The Capital Development Board Contributory Trust
21Fund is created and there shall be paid into the Capital
22Development Board Contributory Trust Fund the monies
23contributed by and received from Public Community College
24Districts, Elementary, Secondary, and Unit School Districts,

 

 

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

 

 

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1    There shall also be paid into this Fund all proceeds from
2bid bond forfeitures in connection with any project formally
3bid and awarded by the Capital Development Board.
4    There shall also be paid into this Fund all builders risk
5insurance policy proceeds and all other funds recovered from
6contractors, sureties, architects, material suppliers or other
7persons contracting with the Capital Development Board for
8capital improvement projects which are received by way of
9reimbursement for losses resulting from destruction of or
10damage to capital improvement projects while under
11construction by the Capital Development Board or received by
12way of settlement agreement or court order.
13    The monies in the Capital Development Board Contributory
14Trust Fund shall be expended only for actual contracts let, and
15then only for the specific project for which funds were
16received in accordance with the judgment of the Capital
17Development Board, compatible with the duties and obligations
18of the Capital Development Board in furtherance of the specific
19capital improvement for which such funds were received.
20Contributions, insured-loss reimbursements or other funds
21received as damages through settlement or judgement for damage,
22destruction or loss of capital improvement projects shall be
23expended for the repair of such projects; or if the projects
24have been or are being repaired before receipt of the funds,
25the funds may be used to repair other such capital improvement
26projects. Any funds not expended for a project within 36 months

 

 

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

 

 

10000SB0042ham001- 22 -LRB100 04925 JWD 27935 a

1be used for capital projects and for no other purpose, subject
2to appropriation and as directed by the Capital Development
3Board.
4(Source: P.A. 97-792, eff. 1-1-13.)
 
5    (30 ILCS 105/6z-27)
6    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
7transferred, appropriated and used only for the purposes
8authorized by, and subject to the limitations and conditions
9prescribed by, the State Auditing Act.
10    Within 30 days after the effective date of this amendatory
11Act of the 100th General Assembly, the State Comptroller shall
12order transferred and the State Treasurer shall transfer from
13the following funds moneys in the specified amounts for deposit
14into the Audit Expense Fund:
15Agricultural Premium Fund.............................182,124
16Assisted Living and Shared Housing Regulatory Fund......1,631
17Capital Development Board Revolving Fund................8,023
18Care Provider Fund for Persons with a
19    Developmental Disability...........................17,737
20Carolyn Adams Ticket for the Cure Grant Fund............1,080
21CDLIS/AAMVAnet/NMVTIS Trust Fund........................2,234
22Chicago State University Education Improvement Fund.....5,437
23Child Support Administrative Fund.......................5,110
24Common School Fund....................................312,638
25Communications Revolving Fund..........................40,492

 

 

10000SB0042ham001- 23 -LRB100 04925 JWD 27935 a

1Community Mental Health Medicaid Trust Fund............30,952
2Death Certificate Surcharge Fund........................2,243
3Death Penalty Abolition Fund............................8,367
4Department of Business Services Special Operations Fund.11,982
5Department of Human Services Community Services Fund....4,340
6Downstate Public Transportation Fund....................6,600
7Driver Services Administration Fund.....................2,644
8Drivers Education Fund....................................517
9Drug Rebate Fund.......................................17,541
10Drug Treatment Fund.....................................2,133
11Drunk & Drugged Driving Prevention Fund...................874
12Education Assistance Fund.............................894,514
13Electronic Health Record Incentive Fund.................1,155
14Emergency Public Health Fund............................9,025
15EMS Assistance Fund.....................................3,705
16Estate Tax Refund Fund..................................2,088
17Facilities Management Revolving Fund...................92,392
18Facility Licensing Fund.................................3,189
19Fair & Exposition Fund.................................13,059
20Federal High Speed Rail Trust Fund......................9,168
21Feed Control Fund......................................14,955
22Fertilizer Control Fund.................................9,404
23Fire Prevention Fund....................................4,146
24Food and Drug Safety Fund...............................1,101
25Fund for the Advancement of Education..................12,463
26General Revenue Fund...............................17,653,153

 

 

10000SB0042ham001- 24 -LRB100 04925 JWD 27935 a

1Grade Crossing Protection Fund............................965
2Hazardous Waste Research Fund.............................543
3Health Facility Plan Review Fund........................3,704
4Health and Human Services Medicaid Trust Fund..........16,996
5Healthcare Provider Relief Fund.......................147,619
6Home Care Services Agency Licensure Fund................3,285
7Hospital Provider Fund.................................76,973
8ICJIA Violence Prevention Fund..........................8,062
9Illinois Affordable Housing Trust Fund..................6,878
10Illinois Department of Agriculture Laboratory
11    Services Revolving Fund.............7,887
12Illinois Health Facilities Planning Fund................4,816
13IMSA Income Fund........................................6,876
14Illinois School Asbestos Abatement Fund.................2,058
15Illinois Standardbred Breeders Fund.....................1,381
16Illinois State Fair Fund...............................94,229
17Illinois Thoroughbred Breeders Fund.....................3,974
18Illinois Veterans' Rehabilitation Fund..................1,308
19Illinois Workers Compensation
20    Commission Operations Fund........................183,518
21Income Tax Refund Fund.................................36,095
22Lead Poisoning Screening, Prevention,
23    and Abatement Fund..................................3,311
24Live and Learn Fund....................................22,956
25Livestock Management Facilities Fund......................683
26Lobbyist Registration Administration Fund...............1,057

 

 

10000SB0042ham001- 25 -LRB100 04925 JWD 27935 a

1Local Government Distributive Fund.....................26,025
2Long Term Care
3    Monitor/Receiver Fund..............................63,014
4Long Term Care Provider Fund...........................15,082
5Mandatory Arbitration Fund..............................2,484
6Medical Interagency Program Fund........................1,343
7Mental Health Fund......................................9,176
8Metabolic Screening and Treatment Fund.................41,241
9Monitoring Device Driving Permit
10    Administration Fee Fund.............................1,403
11Motor Fuel Tax Fund....................................23,607
12Motor Vehicle License Plate Fund.......................15,200
13Motor Vehicle Theft
14    Prevention Trust Fund...............................4,803
15Multiple Sclerosis Research Fund........................5,380
16Nursing Dedicated and Professional Fund.................1,613
17Partners for Conservation Fund..........................8,620
18Personal Property Tax Replacement Fund.................23,828
19Pesticide Control Fund.................................83,517
20Pet Population Control Fund...............................526
21Plumbing Licensure and Program Fund.....................5,148
22Professional Services Fund..............................6,487
23Public Health Laboratory
24    Services Revolving Fund............................11,242
25Public Transportation Fund.............................16,112
26Road Fund.............................................746,799

 

 

10000SB0042ham001- 26 -LRB100 04925 JWD 27935 a

1Regional Transportation Authority Occupation
2    and Use Tax Replacement Fund...............563
3School Infrastructure Fund.............................17,532
4Secretary of State DUI Administration Fund..............2,336
5Secretary of State Identification Security
6    and Theft Prevention Fund..........................11,609
7Secretary of State Special License Plate Fund ..........4,561
8Secretary of State Special Services Fund...............24,693
9Securities Audit and Enforcement Fund...................9,137
10Special Education Medicaid Matching Fund................5,019
11State and Local Sales Tax Reform Fund...................1,380
12State Construction Account Fund........................27,323
13State Gaming Fund......................................79,018
14State Garage Revolving Fund............................15,516
15State Lottery Fund....................................348,448
16State Pensions Fund...................................500,000
17State Surplus Property Revolving Fund...................2,025
18State Treasurer's Bank Services Trust Fund................551
19Statistical Services Revolving Fund....................63,131
20Supreme Court Historic Preservation Fund...............33,226
21Tattoo and Body Piercing
22    Establishment Registration Fund.......................812
23Tobacco Settlement Recovery Fund.......................23,084
24Trauma Center Fund.....................................12,572
25University of Illinois Hospital Services Fund...........4,260
26Vehicle Inspection Fund.................................3,266

 

 

10000SB0042ham001- 27 -LRB100 04925 JWD 27935 a

1Weights and Measures Fund..............................72,488
2    Within 30 days after the effective date of this amendatory
3Act of the 99th General Assembly, the State Comptroller shall
4order transferred and the State Treasurer shall transfer from
5the following funds moneys in the specified amounts for deposit
6into the Audit Expense Fund:
7Agricultural Premium Fund..............................19,395
8Anna Veterans Home Fund................................12,842
9Appraisal Administration Fund...........................3,740
10Athletics Supervision and Regulation Fund.................599
11Attorney General Court Ordered and Voluntary
12    Compliance Payment Projects Fund...................16,998
13Attorney General Whistleblower Reward and
14    Protection Fund....................................12,417
15Bank and Trust Company Fund............................91,273
16Capital Development Board Revolving Fund................2,655
17Care Provider Fund for Persons with a
18    Developmental Disability............................4,576
19Cemetery Oversight Licensing and Disciplinary Fund......5,060
20Chicago State University Education Improvement Fund.....4,717
21Child Support Administrative Fund.......................2,833
22Coal Technology Development Assistance Fund.............7,891
23Commitment to Human Services Fund......................23,860
24Common School Fund....................................428,811
25The Communications Revolving Fund.......................7,163
26The Community Association Manager

 

 

10000SB0042ham001- 28 -LRB100 04925 JWD 27935 a

1    Licensing and Disciplinary Fund.......................817
2Community Mental Health Medicaid Trust Fund............10,761
3Credit Union Fund......................................17,533
4Cycle Rider Safety Training Fund..........................589
5DCFS Children's Services Fund.........................249,796
6Department of Business Services Special Operations Fund.3,354
7Department of Corrections Reimbursement
8    and Education Fund.................................16,949
9Department of Human Services Community Services Fund......821
10Design Professionals Administration
11    and Investigation Fund..............................3,768
12Digital Divide Elimination Fund.........................2,087
13The Downstate Public Transportation Fund...............23,216
14Driver Services Administration Fund.......................820
15Drivers Education Fund..................................1,221
16Drug Rebate Fund.......................................10,020
17Education Assistance Fund...........................1,594,645
18Electronic Health Record Incentive Fund.................1,090
19Energy Efficiency Portfolio Standards Fund.............37,275
20Estate Tax Refund Fund..................................1,242
21Facilities Management Revolving Fund...................13,526
22Fair and Exposition Fund..................................826
23Federal Asset Forfeiture Fund...........................1,094
24Federal High Speed Rail Trust Fund.....................29,251
25Federal Workforce Training Fund........................86,488
26Feed Control Fund.......................................1,479

 

 

10000SB0042ham001- 29 -LRB100 04925 JWD 27935 a

1Fertilizer Control Fund...................................929
2The Fire Prevention Fund..............................114,348
3Fund for the Advancement of Education..................13,642
4General Professions Dedicated Fund.....................24,725
5General Revenue Fund...............................17,051,839
6Grade Crossing Protection Fund..........................6,588
7Health and Human Services Medicaid Trust Fund...........4,153
8Healthcare Provider Relief Fund.......................106,645
9Hospital Provider Fund.................................36,223
10Illinois Affordable Housing Trust Fund..................5,592
11Illinois Capital Revolving Loan Fund......................627
12Illinois Charity Bureau Fund............................3,403
13Illinois Gaming Law Enforcement Fund....................1,885
14Illinois Standardbred Breeders Fund.......................946
15Illinois State Dental Disciplinary Fund.................4,382
16Illinois State Fair Fund................................6,727
17Illinois State Medical Disciplinary Fund...............15,709
18Illinois State Pharmacy Disciplinary Fund...............5,619
19Illinois Thoroughbred Breeders Fund.....................1,172
20Illinois Veterans Assistance Fund.......................8,519
21Illinois Veterans' Rehabilitation Fund....................658
22Illinois Workers' Compensation Commission
23    Operations Fund.....................................2,849
24IMSA Income Fund.......................................11,085
25Income Tax Refund Fund................................170,345
26Insurance Financial Regulation Fund....................94,108

 

 

10000SB0042ham001- 30 -LRB100 04925 JWD 27935 a

1Insurance Premium Tax Refund Fund......................13,251
2Insurance Producer Administration Fund.................86,750
3International Tourism Fund..............................2,578
4LaSalle Veterans Home Fund.............................42,416
5LEADS Maintenance Fund..................................1,223
6Live and Learn Fund.....................................6,473
7The Local Government Distributive Fund................106,860
8Local Tourism Fund......................................9,144
9Long-Term Care Provider Fund............................5,951
10Manteno Veterans Home Fund.............................73,818
11Medical Interagency Program Fund..........................811
12Medical Special Purposes Trust Fund.......................521
13Mental Health Fund......................................4,704
14Motor Carrier Safety Inspection Fund....................2,188
15The Motor Fuel Tax Fund................................73,255
16Motor Vehicle License Plate Fund........................3,976
17Nursing Dedicated and Professional Fund.................9,858
18Optometric Licensing and Disciplinary Board Fund........1,382
19Partners for Conservation Fund..........................8,083
20Pawnbroker Regulation Fund................................853
21The Personal Property Tax Replacement Fund............105,572
22Pesticide Control Fund..................................5,634
23Professional Services Fund................................726
24Professions Indirect Cost Fund........................140,237
25Public Pension Regulation Fund.........................10,026
26The Public Transportation Fund.........................61,189

 

 

10000SB0042ham001- 31 -LRB100 04925 JWD 27935 a

1Quincy Veterans Home Fund..............................88,224
2Real Estate License Administration Fund................23,587
3Registered Certified Public Accountants'
4    Administration and Disciplinary Fund................1,370
5Renewable Energy Resources Trust Fund...................1,689
6Residential Finance Regulatory Fund....................12,638
7The Road Fund.........................................332,667
8Regional Transportation Authority
9    Occupation and Use Tax Replacement Fund.............2,526
10Savings Bank Regulatory Fund..............................851
11School Infrastructure Fund..............................4,852
12Secretary of State DUI Administration Fund................544
13Secretary of State Identification Security
14    and Theft Prevention Fund...........................1,645
15Secretary of State Special License Plate Fund...........1,203
16Secretary of State Special Services Fund................6,197
17Securities Audit and Enforcement Fund...................2,793
18Solid Waste Management Fund.............................1,262
19Special Education Medicaid Matching Fund................2,217
20State and Local Sales Tax Reform Fund...................5,177
21State Asset Forfeiture Fund.............................1,945
22State Construction Account Fund........................67,375
23State Crime Laboratory Fund...............................566
24State Gaming Fund.....................................246,099
25The State Garage Revolving Fund.........................3,606
26The State Lottery Fund................................201,779

 

 

10000SB0042ham001- 32 -LRB100 04925 JWD 27935 a

1State Offender DNA Identification System Fund...........2,246
2State Pensions Fund...................................500,000
3State Police DUI Fund...................................1,560
4State Police Firearm Services Fund......................6,152
5State Police Services Fund.............................19,425
6State Police Vehicle Fund...............................6,991
7State Police Whistleblower Reward and Protection Fund...4,430
8State Police Wireless Service Emergency Fund..............894
9The Statistical Services Revolving Fund................10,266
10Supplemental Low-Income Energy Assistance Fund.........67,729
11Tax Compliance and Administration Fund..................1,145
12Tobacco Settlement Recovery Fund........................3,199
13Tourism Promotion Fund.................................42,906
14Traffic and Criminal Conviction Surcharge Fund..........4,885
15Underground Storage Tank Fund..........................19,316
16University of Illinois Hospital Services Fund...........2,862
17The Vehicle Inspection Fund...............................909
18Violent Crime Victims Assistance Fund..................13,828
19Weights and Measures Fund...............................4,826
20The Working Capital Revolving Fund.....................30,401
21    Within 30 days after July 14, 2015 (the effective date of
22Public Act 99-38), the State Comptroller shall order
23transferred and the State Treasurer shall transfer from the
24following funds moneys in the specified amounts for deposit
25into the Audit Expense Fund:
26African-American HIV/AIDS Response Fund.................2,333

 

 

10000SB0042ham001- 33 -LRB100 04925 JWD 27935 a

1Agricultural Premium Fund.............................141,245
2Assisted Living and Shared Housing Regulatory Fund......1,146
3Capital Development Board Revolving Fund................1,473
4Care Provider Fund for Persons with
5    a Developmental Disability.........................13,520
6Carolyn Adams Ticket For The Cure Grant Fund..............632
7CD LIS/ AAMV Anet/NMVTIS Trust Fund.......................587
8Chicago State University Education Improvement Fund.....9,881
9Child Support Administrative Fund.......................5,192
10Common School Fund....................................255,306
11The Communications Revolving Fund......................14,823
12Community Mental Health Medicaid Trust Fund............43,141
13Death Certificate Surcharge Fund........................2,596
14Death Penalty Abolition Fund..............................864
15Department of Business Services Special Operations Fund.9,484
16Department of Human Services Community Services Fund....6,131
17The Downstate Public Transportation Fund................7,975
18Drug Rebate Fund.......................................16,022
19Drug Treatment Fund.....................................1,392
20Drunk and Drugged Driving Prevention Fund.................772
21The Education Assistance Fund.......................1,587,191
22Electronic Health Record Incentive Fund.................4,196
23Emergency Public Health Fund............................8,501
24EMS Assistance Fund.......................................796
25Estate Tax Refund Fund..................................1,792
26Facilities Management Revolving Fund...................22,122

 

 

10000SB0042ham001- 34 -LRB100 04925 JWD 27935 a

1Facility Licensing Fund.................................4,655
2Fair and Exposition Fund................................5,440
3Federal High Speed Rail Trust Fund......................6,789
4Feed Control Fund.......................................5,082
5Fertilizer Control Fund.................................6,041
6The Fire Prevention Fund................................4,653
7Food and Drug Safety Fund...............................1,636
8General Professions Dedicated Fund......................3,296
9The General Revenue Fund...........................17,190,905
10Grade Crossing Protection Fund..........................1,134
11Health and Human Services Medicaid Trust Fund..........14,252
12Health Facility Plan Review Fund........................3,355
13Healthcare Provider Relief Fund.......................220,261
14Healthy Smiles Fund.......................................694
15Home Care Services Agency Licensure Fund................1,383
16Hospital Provider Fund.................................77,300
17ICJIA Violence Prevention Fund..........................2,370
18Illinois Affordable Housing Trust Fund..................6,609
19Illinois Department of Agriculture
20    Laboratory Services Revolving Fund..................3,386
21Illinois Health Facilities Planning Fund................3,582
22Illinois School Asbestos Abatement Fund.................1,742
23Illinois Standardbred Breeders Fund.....................7,697
24Illinois State Fair Fund...............................40,283
25Illinois Thoroughbred Breeders Fund....................11,711
26Illinois Veterans' Rehabilitation Fund..................2,084

 

 

10000SB0042ham001- 35 -LRB100 04925 JWD 27935 a

1Illinois Workers' Compensation Commission
2    Operations Fund...................................182,586
3IMSA Income Fund........................................7,840
4Income Tax Refund Fund.................................62,221
5Lead Poisoning Screening, Prevention, and Abatement Fund.4,507
6Live and Learn Fund....................................18,652
7Lobbyist Registration Administration Fund.................623
8The Local Government Distributive Fund.................35,569
9Long Term Care Monitor/Receiver Fund...................24,533
10Long-Term Care Provider Fund...........................15,559
11Low-Level Radioactive Waste Facility
12    Development and Operation Fund......................1,286
13Mandatory Arbitration Fund..............................2,978
14Medical Interagency Program Fund........................2,120
15Medical Special Purposes Trust Fund.....................1,829
16Mental Health Fund.....................................10,964
17Metabolic Screening and Treatment Fund.................28,495
18Monitoring Device Driving Permit Administration Fee Fund.1,021
19The Motor Fuel Tax Fund................................27,802
20Motor Vehicle License Plate Fund.......................10,715
21Motor Vehicle Theft Prevention Trust Fund..............10,219
22Multiple Sclerosis Research Fund........................2,552
23Nuclear Safety Emergency Preparedness Fund.............31,006
24Nursing Dedicated and Professional Fund.................2,350
25Partners for Conservation Fund.........................69,830
26The Personal Property Tax Replacement Fund.............36,349

 

 

10000SB0042ham001- 36 -LRB100 04925 JWD 27935 a

1Pesticide Control Fund.................................32,100
2Plumbing Licensure and Program Fund.....................2,237
3Professional Services Fund..............................1,177
4Public Health Laboratory Services Revolving Fund........5,556
5The Public Transportation Fund.........................20,547
6Radiation Protection Fund..............................12,033
7The Road Fund.........................................153,257
8Regional Transportation Authority
9    Occupation and Use Tax Replacement Fund...............799
10School Infrastructure Fund..............................5,976
11Secretary of State DUI Administration Fund..............1,767
12Secretary of State Identification
13    Security and Theft Prevention Fund..................2,551
14Secretary of State Special License Plate Fund...........3,483
15Secretary of State Special Services Fund...............21,708
16Securities Audit and Enforcement Fund...................5,637
17Securities Investors Education Fund.......................894
18Special Education Medicaid Matching Fund................4,648
19State and Local Sales Tax Reform Fund...................1,651
20State Construction Account Fund........................27,868
21The State Garage Revolving Fund.........................7,320
22The State Lottery Fund................................398,712
23State Pensions Fund...................................500,000
24The Statistical Services Revolving Fund................17,481
25Supreme Court Historic Preservation Fund...............28,000
26Tanning Facility Permit Fund..............................549

 

 

10000SB0042ham001- 37 -LRB100 04925 JWD 27935 a

1Tobacco Settlement Recovery Fund.......................30,438
2Trauma Center Fund.....................................10,050
3University of Illinois Hospital Services Fund...........9,247
4The Vehicle Inspection Fund.............................2,810
5Weights and Measures Fund..............................31,534
6The Working Capital Revolving Fund.....................15,960
7    Notwithstanding any provision of the law to the contrary,
8the General Assembly hereby authorizes the use of such funds
9for the purposes set forth in this Section.
10    These provisions do not apply to funds classified by the
11Comptroller as federal trust funds or State trust funds. The
12Audit Expense Fund may receive transfers from those trust funds
13only as directed herein, except where prohibited by the terms
14of the trust fund agreement. The Auditor General shall notify
15the trustees of those funds of the estimated cost of the audit
16to be incurred under the Illinois State Auditing Act for the
17fund. The trustees of those funds shall direct the State
18Comptroller and Treasurer to transfer the estimated amount to
19the Audit Expense Fund.
20    The Auditor General may bill entities that are not subject
21to the above transfer provisions, including private entities,
22related organizations and entities whose funds are
23locally-held, for the cost of audits, studies, and
24investigations incurred on their behalf. Any revenues received
25under this provision shall be deposited into the Audit Expense
26Fund.

 

 

10000SB0042ham001- 38 -LRB100 04925 JWD 27935 a

1    In the event that moneys on deposit in any fund are
2unavailable, by reason of deficiency or any other reason
3preventing their lawful transfer, the State Comptroller shall
4order transferred and the State Treasurer shall transfer the
5amount deficient or otherwise unavailable from the General
6Revenue Fund for deposit into the Audit Expense Fund.
7    On or before December 1, 1992, and each December 1
8thereafter, the Auditor General shall notify the Governor's
9Office of Management and Budget (formerly Bureau of the Budget)
10of the amount estimated to be necessary to pay for audits,
11studies, and investigations in accordance with the Illinois
12State Auditing Act during the next succeeding fiscal year for
13each State fund for which a transfer or reimbursement is
14anticipated.
15    Beginning with fiscal year 1994 and during each fiscal year
16thereafter, the Auditor General may direct the State
17Comptroller and Treasurer to transfer moneys from funds
18authorized by the General Assembly for that fund. In the event
19funds, including federal and State trust funds but excluding
20the General Revenue Fund, are transferred, during fiscal year
211994 and during each fiscal year thereafter, in excess of the
22amount to pay actual costs attributable to audits, studies, and
23investigations as permitted or required by the Illinois State
24Auditing Act or specific action of the General Assembly, the
25Auditor General shall, on September 30, or as soon thereafter
26as is practicable, direct the State Comptroller and Treasurer

 

 

10000SB0042ham001- 39 -LRB100 04925 JWD 27935 a

1to transfer the excess amount back to the fund from which it
2was originally transferred.
3(Source: P.A. 98-270, eff. 8-9-13; 98-676, eff. 6-30-14; 99-38,
4eff. 7-14-15; 99-523, eff. 6-30-16.)
 
5    (30 ILCS 105/6z-30)
6    Sec. 6z-30. University of Illinois Hospital Services Fund.
7    (a) The University of Illinois Hospital Services Fund is
8created as a special fund in the State Treasury. The following
9moneys shall be deposited into the Fund:
10        (1) As soon as possible after the beginning of fiscal
11    year 2010, and in no event later than July 30, the State
12    Comptroller and the State Treasurer shall automatically
13    transfer $30,000,000 from the General Revenue Fund to the
14    University of Illinois Hospital Services Fund.
15        (1.5) Starting in fiscal year 2011, and continuing
16    through fiscal year 2017, as soon as possible after the
17    beginning of each fiscal year, and in no event later than
18    July 30, the State Comptroller and the State Treasurer
19    shall automatically transfer $45,000,000 from the General
20    Revenue Fund to the University of Illinois Hospital
21    Services Fund; except that, in fiscal year 2012 only, the
22    State Comptroller and the State Treasurer shall transfer
23    $90,000,000 from the General Revenue Fund to the University
24    of Illinois Hospital Services Fund under this paragraph,
25    and, in fiscal year 2013 only, the State Comptroller and

 

 

10000SB0042ham001- 40 -LRB100 04925 JWD 27935 a

1    the State Treasurer shall transfer no amounts from the
2    General Revenue Fund to the University of Illinois Hospital
3    Services Fund under this paragraph.
4        (1.7) Starting in fiscal year 2018, at the direction of
5    and upon notification from the Director of Healthcare and
6    Family Services, the State Comptroller shall direct and the
7    State Treasurer shall transfer an amount of at least
8    $20,000,000 but not exceeding a total of $45,000,000 from
9    the General Revenue Fund to the University of Illinois
10    Hospital Services Fund in each fiscal year.
11        (2) All intergovernmental transfer payments to the
12    Department of Healthcare and Family Services by the
13    University of Illinois made pursuant to an
14    intergovernmental agreement under subsection (b) or (c) of
15    Section 5A-3 of the Illinois Public Aid Code.
16        (3) All federal matching funds received by the
17    Department of Healthcare and Family Services (formerly
18    Illinois Department of Public Aid) as a result of
19    expenditures made by the Department that are attributable
20    to moneys that were deposited in the Fund.
21        (4) All other moneys received for the Fund from any
22    other source, including interest earned thereon.
23    (b) Moneys in the fund may be used by the Department of
24Healthcare and Family Services, subject to appropriation and to
25an interagency agreement between that Department and the Board
26of Trustees of the University of Illinois, to reimburse the

 

 

10000SB0042ham001- 41 -LRB100 04925 JWD 27935 a

1University of Illinois Hospital for hospital and pharmacy
2services, to reimburse practitioners who are employed by the
3University of Illinois, to reimburse other health care
4facilities and health plans operated by the University of
5Illinois, and to pass through to the University of Illinois
6federal financial participation earned by the State as a result
7of expenditures made by the University of Illinois.
8    (c) (Blank).
9(Source: P.A. 97-732, eff. 6-30-12; 98-651, eff. 6-16-14.)
 
10    (30 ILCS 105/6z-32)
11    Sec. 6z-32. Partners for Planning and Conservation.
12    (a) The Partners for Conservation Fund (formerly known as
13the Conservation 2000 Fund) and the Partners for Conservation
14Projects Fund (formerly known as the Conservation 2000 Projects
15Fund) are created as special funds in the State Treasury. These
16funds shall be used to establish a comprehensive program to
17protect Illinois' natural resources through cooperative
18partnerships between State government and public and private
19landowners. Moneys in these Funds may be used, subject to
20appropriation, by the Department of Natural Resources,
21Environmental Protection Agency, and the Department of
22Agriculture for purposes relating to natural resource
23protection, planning, recreation, tourism, and compatible
24agricultural and economic development activities. Without
25limiting these general purposes, moneys in these Funds may be

 

 

10000SB0042ham001- 42 -LRB100 04925 JWD 27935 a

1used, subject to appropriation, for the following specific
2purposes:
3        (1) To foster sustainable agriculture practices and
4    control soil erosion and sedimentation, including grants
5    to Soil and Water Conservation Districts for conservation
6    practice cost-share grants and for personnel, educational,
7    and administrative expenses.
8        (2) To establish and protect a system of ecosystems in
9    public and private ownership through conservation
10    easements, incentives to public and private landowners,
11    natural resource restoration and preservation, water
12    quality protection and improvement, land use and watershed
13    planning, technical assistance and grants, and land
14    acquisition provided these mechanisms are all voluntary on
15    the part of the landowner and do not involve the use of
16    eminent domain.
17        (3) To develop a systematic and long-term program to
18    effectively measure and monitor natural resources and
19    ecological conditions through investments in technology
20    and involvement of scientific experts.
21        (4) To initiate strategies to enhance, use, and
22    maintain Illinois' inland lakes through education,
23    technical assistance, research, and financial incentives.
24        (5) To partner with private landowners and with units
25    of State, federal, and local government and with
26    not-for-profit organizations in order to integrate State

 

 

10000SB0042ham001- 43 -LRB100 04925 JWD 27935 a

1    and federal programs with Illinois' natural resource
2    protection and restoration efforts and to meet
3    requirements to obtain federal and other funds for
4    conservation or protection of natural resources.
5    (b) The State Comptroller and State Treasurer shall
6automatically transfer on the last day of each month, beginning
7on September 30, 1995 and ending on June 30, 2021, from the
8General Revenue Fund to the Partners for Conservation Fund, an
9amount equal to 1/10 of the amount set forth below in fiscal
10year 1996 and an amount equal to 1/12 of the amount set forth
11below in each of the other specified fiscal years:
12Fiscal Year Amount
131996$ 3,500,000
141997$ 9,000,000
151998$10,000,000
161999$11,000,000
172000$12,500,000
182001 through 2004$14,000,000
192005 $7,000,000
202006 $11,000,000
212007 $0
222008 through 2011........................ $14,000,000
232012 $12,200,000
242013 through 2017 2021.................... $14,000,000
252018 $1,500,000
262019 through 2021 $14,000,000

 

 

10000SB0042ham001- 44 -LRB100 04925 JWD 27935 a

1    (c) Notwithstanding any other provision of law to the
2contrary and in addition to any other transfers that may be
3provided for by law, on the last day of each month beginning on
4July 31, 2006 and ending on June 30, 2007, or as soon
5thereafter as may be practical, the State Comptroller shall
6direct and the State Treasurer shall transfer $1,000,000 from
7the Open Space Lands Acquisition and Development Fund to the
8Partners for Conservation Fund (formerly known as the
9Conservation 2000 Fund).
10    (d) There shall be deposited into the Partners for
11Conservation Projects Fund such bond proceeds and other moneys
12as may, from time to time, be provided by law.
13(Source: P.A. 97-641, eff. 12-19-11.)
 
14    (30 ILCS 105/6z-45)
15    Sec. 6z-45. The School Infrastructure Fund.
16    (a) The School Infrastructure Fund is created as a special
17fund in the State Treasury.
18    In addition to any other deposits authorized by law,
19beginning January 1, 2000, on the first day of each month, or
20as soon thereafter as may be practical, the State Treasurer and
21State Comptroller shall transfer the sum of $5,000,000 from the
22General Revenue Fund to the School Infrastructure Fund, except
23that, notwithstanding any other provision of law, and in
24addition to any other transfers that may be provided for by
25law, before June 30, 2012, the Comptroller and the Treasurer

 

 

10000SB0042ham001- 45 -LRB100 04925 JWD 27935 a

1shall transfer $45,000,000 from the General Revenue Fund into
2the School Infrastructure Fund, and, for fiscal year 2013 only,
3the Treasurer and the Comptroller shall transfer $1,250,000
4from the General Revenue Fund to the School Infrastructure Fund
5on the first day of each month; provided, however, that no such
6transfers shall be made from July 1, 2001 through June 30,
72003.
8    (a-5) Money in the School Infrastructure Fund may be used
9to pay the expenses of the State Board of Education, the
10Governor's Office of Management and Budget, and the Capital
11Development Board in administering programs under the School
12Construction Law, the total expenses not to exceed $1,315,000
13in any fiscal year.
14    (b) Subject to the transfer provisions set forth below,
15money in the School Infrastructure Fund shall, if and when the
16State of Illinois incurs any bonded indebtedness for the
17construction of school improvements under subsection (e) of
18Section 5 of the General Obligation Bond Act the School
19Construction Law, be set aside and used for the purpose of
20paying and discharging annually the principal and interest on
21that bonded indebtedness then due and payable, and for no other
22purpose.
23    In addition to other transfers to the General Obligation
24Bond Retirement and Interest Fund made pursuant to Section 15
25of the General Obligation Bond Act, upon each delivery of bonds
26issued for construction of school improvements under the School

 

 

10000SB0042ham001- 46 -LRB100 04925 JWD 27935 a

1Construction Law, the State Comptroller shall compute and
2certify to the State Treasurer the total amount of principal
3of, interest on, and premium, if any, on such bonds during the
4then current and each succeeding fiscal year. With respect to
5the interest payable on variable rate bonds, such
6certifications shall be calculated at the maximum rate of
7interest that may be payable during the fiscal year, after
8taking into account any credits permitted in the related
9indenture or other instrument against the amount of such
10interest required to be appropriated for that period.
11    On or before the last day of each month, the State
12Treasurer and State Comptroller shall transfer from the School
13Infrastructure Fund to the General Obligation Bond Retirement
14and Interest Fund an amount sufficient to pay the aggregate of
15the principal of, interest on, and premium, if any, on the
16bonds payable on their next payment date, divided by the number
17of monthly transfers occurring between the last previous
18payment date (or the delivery date if no payment date has yet
19occurred) and the next succeeding payment date. Interest
20payable on variable rate bonds shall be calculated at the
21maximum rate of interest that may be payable for the relevant
22period, after taking into account any credits permitted in the
23related indenture or other instrument against the amount of
24such interest required to be appropriated for that period.
25Interest for which moneys have already been deposited into the
26capitalized interest account within the General Obligation

 

 

10000SB0042ham001- 47 -LRB100 04925 JWD 27935 a

1Bond Retirement and Interest Fund shall not be included in the
2calculation of the amounts to be transferred under this
3subsection.
4    (b-5) The money deposited into the School Infrastructure
5Fund from transfers pursuant to subsections (c-30) and (c-35)
6of Section 13 of the Riverboat Gambling Act shall be applied,
7without further direction, as provided in subsection (b-3) of
8Section 5-35 of the School Construction Law.
9    (c) The surplus, if any, in the School Infrastructure Fund
10after payments made pursuant to subsections (a-5), (b), and
11(b-5) of this Section shall, subject to appropriation, be used
12as follows:
13    First - to make 3 payments to the School Technology
14Revolving Loan Fund as follows:
15        Transfer of $30,000,000 in fiscal year 1999;
16        Transfer of $20,000,000 in fiscal year 2000; and
17        Transfer of $10,000,000 in fiscal year 2001.
18    Second - to pay the expenses of the State Board of
19Education and the Capital Development Board in administering
20programs under the School Construction Law, the total expenses
21not to exceed $1,200,000 in any fiscal year.
22    Second Third - to pay any amounts due for grants for school
23construction projects and debt service under the School
24Construction Law.
25    Third Fourth - to pay any amounts due for grants for school
26maintenance projects under the School Construction Law.

 

 

10000SB0042ham001- 48 -LRB100 04925 JWD 27935 a

1(Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
 
2    (30 ILCS 105/6z-52)
3    Sec. 6z-52. Drug Rebate Fund.
4    (a) There is created in the State Treasury a special fund
5to be known as the Drug Rebate Fund.
6    (b) The Fund is created for the purpose of receiving and
7disbursing moneys in accordance with this Section.
8Disbursements from the Fund shall be made, subject to
9appropriation, only as follows:
10        (1) For payments for reimbursement or coverage for
11    prescription drugs and other pharmacy products provided to
12    a recipient of medical assistance under the Illinois Public
13    Aid Code, the Children's Health Insurance Program Act, the
14    Covering ALL KIDS Health Insurance Act, and the Veterans'
15    Health Insurance Program Act of 2008.
16        (1.5) For payments to managed care organizations as
17    defined in Section 5-30.1 of the Illinois Public Aid Code.
18        (2) For reimbursement of moneys collected by the
19    Department of Healthcare and Family Services (formerly
20    Illinois Department of Public Aid) through error or
21    mistake.
22        (3) For payments of any amounts that are reimbursable
23    to the federal government resulting from a payment into
24    this Fund.
25        (4) For payments of operational and administrative

 

 

10000SB0042ham001- 49 -LRB100 04925 JWD 27935 a

1    expenses related to providing and managing coverage for
2    prescription drugs and other pharmacy products provided to
3    a recipient of medical assistance under the Illinois Public
4    Aid Code, the Children's Health Insurance Program Act, the
5    Covering ALL KIDS Health Insurance Act, and the Veterans'
6    Health Insurance Program Act of 2008, and the Senior
7    Citizens and Disabled Persons Property Tax Relief and
8    Pharmaceutical Assistance Act.
9    (c) The Fund shall consist of the following:
10        (1) Upon notification from the Director of Healthcare
11    and Family Services, the Comptroller shall direct and the
12    Treasurer shall transfer the net State share (disregarding
13    the reduction in net State share attributable to the
14    American Recovery and Reinvestment Act of 2009 or any other
15    federal economic stimulus program) of all moneys received
16    by the Department of Healthcare and Family Services
17    (formerly Illinois Department of Public Aid) from drug
18    rebate agreements with pharmaceutical manufacturers
19    pursuant to Title XIX of the federal Social Security Act,
20    including any portion of the balance in the Public Aid
21    Recoveries Trust Fund on July 1, 2001 that is attributable
22    to such receipts.
23        (2) All federal matching funds received by the Illinois
24    Department as a result of expenditures made by the
25    Department that are attributable to moneys deposited in the
26    Fund.

 

 

10000SB0042ham001- 50 -LRB100 04925 JWD 27935 a

1        (3) Any premium collected by the Illinois Department
2    from participants under a waiver approved by the federal
3    government relating to provision of pharmaceutical
4    services.
5        (4) All other moneys received for the Fund from any
6    other source, including interest earned thereon.
7(Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689,
8eff. 7-1-12.)
 
9    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
10    Sec. 8.3. Money in the Road Fund shall, if and when the
11State of Illinois incurs any bonded indebtedness for the
12construction of permanent highways, be set aside and used for
13the purpose of paying and discharging annually the principal
14and interest on that bonded indebtedness then due and payable,
15and for no other purpose. The surplus, if any, in the Road Fund
16after the payment of principal and interest on that bonded
17indebtedness then annually due shall be used as follows:
18        first -- to pay the cost of administration of Chapters
19    2 through 10 of the Illinois Vehicle Code, except the cost
20    of administration of Articles I and II of Chapter 3 of that
21    Code; and
22        secondly -- for expenses of the Department of
23    Transportation for construction, reconstruction,
24    improvement, repair, maintenance, operation, and
25    administration of highways in accordance with the

 

 

10000SB0042ham001- 51 -LRB100 04925 JWD 27935 a

1    provisions of laws relating thereto, or for any purpose
2    related or incident to and connected therewith, including
3    the separation of grades of those highways with railroads
4    and with highways and including the payment of awards made
5    by the Illinois Workers' Compensation Commission under the
6    terms of the Workers' Compensation Act or Workers'
7    Occupational Diseases Act for injury or death of an
8    employee of the Division of Highways in the Department of
9    Transportation; or for the acquisition of land and the
10    erection of buildings for highway purposes, including the
11    acquisition of highway right-of-way or for investigations
12    to determine the reasonably anticipated future highway
13    needs; or for making of surveys, plans, specifications and
14    estimates for and in the construction and maintenance of
15    flight strips and of highways necessary to provide access
16    to military and naval reservations, to defense industries
17    and defense-industry sites, and to the sources of raw
18    materials and for replacing existing highways and highway
19    connections shut off from general public use at military
20    and naval reservations and defense-industry sites, or for
21    the purchase of right-of-way, except that the State shall
22    be reimbursed in full for any expense incurred in building
23    the flight strips; or for the operating and maintaining of
24    highway garages; or for patrolling and policing the public
25    highways and conserving the peace; or for the operating
26    expenses of the Department relating to the administration

 

 

10000SB0042ham001- 52 -LRB100 04925 JWD 27935 a

1    of public transportation programs; or, during fiscal year
2    2012 only, for the purposes of a grant not to exceed
3    $8,500,000 to the Regional Transportation Authority on
4    behalf of PACE for the purpose of ADA/Para-transit
5    expenses; or, during fiscal year 2013 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 2014 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 2015 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, during fiscal
16    year 2016 only, for the purposes of a grant not to exceed
17    $3,825,000 to the Regional Transportation Authority on
18    behalf of PACE for the purpose of ADA/Para-transit
19    expenses; or, during fiscal year 2017 only, for the
20    purposes of a grant not to exceed $3,825,000 to the
21    Regional Transportation Authority on behalf of PACE for the
22    purpose of ADA/Para-transit expenses; or for any of those
23    purposes or any other purpose that may be provided by law.
24    Appropriations for any of those purposes are payable from
25the Road Fund. Appropriations may also be made from the Road
26Fund for the administrative expenses of any State agency that

 

 

10000SB0042ham001- 53 -LRB100 04925 JWD 27935 a

1are related to motor vehicles or arise from the use of motor
2vehicles.
3    Beginning with fiscal year 1980 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement;
9        1. Department of Public Health;
10        2. Department of Transportation, only with respect to
11    subsidies for one-half fare Student Transportation and
12    Reduced Fare for Elderly, except during fiscal year 2012
13    only when no more than $40,000,000 may be expended and
14    except during fiscal year 2013 only when no more than
15    $17,570,300 may be expended and except during fiscal year
16    2014 only when no more than $17,570,000 may be expended and
17    except during fiscal year 2015 only when no more than
18    $17,570,000 may be expended and except during fiscal year
19    2016 only when no more than $17,570,000 may be expended and
20    except during fiscal year 2017 only when no more than
21    $17,570,000 may be expended;
22        3. Department of Central Management Services, except
23    for expenditures incurred for group insurance premiums of
24    appropriate personnel;
25        4. Judicial Systems and Agencies.
26    Beginning with fiscal year 1981 and thereafter, no Road

 

 

10000SB0042ham001- 54 -LRB100 04925 JWD 27935 a

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

 

 

10000SB0042ham001- 55 -LRB100 04925 JWD 27935 a

1Management Services, except for awards made by the Illinois
2Workers' Compensation Commission under the terms of the
3Workers' Compensation Act or Workers' Occupational Diseases
4Act for injury or death of an employee of the Division of
5Highways in the Department of Transportation.
6    Beginning with fiscal year 1984 and thereafter, no Road
7Fund monies shall be appropriated to the following Departments
8or agencies of State government for administration, grants, or
9operations; but this limitation is not a restriction upon
10appropriating for those purposes any Road Fund monies that are
11eligible for federal reimbursement:
12        1. Department of State Police, except not more than 40%
13    of the funds appropriated for the Division of Operations;
14        2. State Officers.
15    Beginning with fiscal year 1984 and thereafter, no Road
16Fund monies shall be appropriated to any Department or agency
17of State government for administration, grants, or operations
18except as provided hereafter; but this limitation is not a
19restriction upon appropriating for those purposes any Road Fund
20monies that are eligible for federal reimbursement. It shall
21not be lawful to circumvent the above appropriation limitations
22by governmental reorganization or other methods.
23Appropriations shall be made from the Road Fund only in
24accordance with the provisions of this Section.
25    Money in the Road Fund shall, if and when the State of
26Illinois incurs any bonded indebtedness for the construction of

 

 

10000SB0042ham001- 56 -LRB100 04925 JWD 27935 a

1permanent highways, be set aside and used for the purpose of
2paying and discharging during each fiscal year the principal
3and interest on that bonded indebtedness as it becomes due and
4payable as provided in the Transportation Bond Act, and for no
5other purpose. The surplus, if any, in the Road Fund after the
6payment of principal and interest on that bonded indebtedness
7then annually due shall be used as follows:
8        first -- to pay the cost of administration of Chapters
9    2 through 10 of the Illinois Vehicle Code; and
10        secondly -- no Road Fund monies derived from fees,
11    excises, or license taxes relating to registration,
12    operation and use of vehicles on public highways or to
13    fuels used for the propulsion of those vehicles, shall be
14    appropriated or expended other than for costs of
15    administering the laws imposing those fees, excises, and
16    license taxes, statutory refunds and adjustments allowed
17    thereunder, administrative costs of the Department of
18    Transportation, including, but not limited to, the
19    operating expenses of the Department relating to the
20    administration of public transportation programs, payment
21    of debts and liabilities incurred in construction and
22    reconstruction of public highways and bridges, acquisition
23    of rights-of-way for and the cost of construction,
24    reconstruction, maintenance, repair, and operation of
25    public highways and bridges under the direction and
26    supervision of the State, political subdivision, or

 

 

10000SB0042ham001- 57 -LRB100 04925 JWD 27935 a

1    municipality collecting those monies, or during fiscal
2    year 2012 only for the purposes of a grant not to exceed
3    $8,500,000 to the Regional Transportation Authority on
4    behalf of PACE for the purpose of ADA/Para-transit
5    expenses, or during fiscal year 2013 only for the purposes
6    of a grant not to exceed $3,825,000 to the Regional
7    Transportation Authority on behalf of PACE for the purpose
8    of ADA/Para-transit expenses, or during fiscal year 2014
9    only for the purposes of a grant not to exceed $3,825,000
10    to the Regional Transportation Authority on behalf of PACE
11    for the purpose of ADA/Para-transit expenses, or during
12    fiscal year 2015 only for the purposes of a grant not to
13    exceed $3,825,000 to the Regional Transportation Authority
14    on behalf of PACE for the purpose of ADA/Para-transit
15    expenses, or during fiscal year 2016 only for the purposes
16    of a grant not to exceed $3,825,000 to the Regional
17    Transportation Authority on behalf of PACE for the purpose
18    of ADA/Para-transit expenses, or during fiscal year 2017
19    only for the purposes of a grant not to exceed $3,825,000
20    to the Regional Transportation Authority on behalf of PACE
21    for the purpose of ADA/Para-transit expenses, and the costs
22    for patrolling and policing the public highways (by State,
23    political subdivision, or municipality collecting that
24    money) for enforcement of traffic laws. The separation of
25    grades of such highways with railroads and costs associated
26    with protection of at-grade highway and railroad crossing

 

 

10000SB0042ham001- 58 -LRB100 04925 JWD 27935 a

1    shall also be permissible.
2    Appropriations for any of such purposes are payable from
3the Road Fund or the Grade Crossing Protection Fund as provided
4in Section 8 of the Motor Fuel Tax Law.
5    Except as provided in this paragraph, beginning with fiscal
6year 1991 and thereafter, no Road Fund monies shall be
7appropriated to the Department of State Police for the purposes
8of this Section in excess of its total fiscal year 1990 Road
9Fund appropriations for those purposes unless otherwise
10provided in Section 5g of this Act. For fiscal years 2003,
112004, 2005, 2006, and 2007 only, no Road Fund monies shall be
12appropriated to the Department of State Police for the purposes
13of this Section in excess of $97,310,000. For fiscal year 2008
14only, no Road Fund monies shall be appropriated to the
15Department of State Police for the purposes of this Section in
16excess of $106,100,000. For fiscal year 2009 only, no Road Fund
17monies shall be appropriated to the Department of State Police
18for the purposes of this Section in excess of $114,700,000.
19Beginning in fiscal year 2010, no road fund moneys shall be
20appropriated to the Department of State Police. It shall not be
21lawful to circumvent this limitation on appropriations by
22governmental reorganization or other methods unless otherwise
23provided in Section 5g of this Act.
24    In fiscal year 1994, no Road Fund monies shall be
25appropriated to the Secretary of State for the purposes of this
26Section in excess of the total fiscal year 1991 Road Fund

 

 

10000SB0042ham001- 59 -LRB100 04925 JWD 27935 a

1appropriations to the Secretary of State for those purposes,
2plus $9,800,000. It shall not be lawful to circumvent this
3limitation on appropriations by governmental reorganization or
4other method.
5    Beginning with fiscal year 1995 and thereafter, no Road
6Fund monies shall be appropriated to the Secretary of State for
7the purposes of this Section in excess of the total fiscal year
81994 Road Fund appropriations to the Secretary of State for
9those purposes. It shall not be lawful to circumvent this
10limitation on appropriations by governmental reorganization or
11other methods.
12    Beginning with fiscal year 2000, total Road Fund
13appropriations to the Secretary of State for the purposes of
14this Section shall not exceed the amounts specified for the
15following fiscal years:
16    Fiscal Year 2000$80,500,000;
17    Fiscal Year 2001$80,500,000;
18    Fiscal Year 2002$80,500,000;
19    Fiscal Year 2003$130,500,000;
20    Fiscal Year 2004$130,500,000;
21    Fiscal Year 2005$130,500,000;
22    Fiscal Year 2006 $130,500,000;
23    Fiscal Year 2007 $130,500,000;
24    Fiscal Year 2008$130,500,000;
25    Fiscal Year 2009 $130,500,000.
26    For fiscal year 2010, no road fund moneys shall be

 

 

10000SB0042ham001- 60 -LRB100 04925 JWD 27935 a

1appropriated to the Secretary of State.
2    Beginning in fiscal year 2011, moneys in the Road Fund
3shall be appropriated to the Secretary of State for the
4exclusive purpose of paying refunds due to overpayment of fees
5related to Chapter 3 of the Illinois Vehicle Code unless
6otherwise provided for by law.
7    It shall not be lawful to circumvent this limitation on
8appropriations by governmental reorganization or other
9methods.
10    No new program may be initiated in fiscal year 1991 and
11thereafter that is not consistent with the limitations imposed
12by this Section for fiscal year 1984 and thereafter, insofar as
13appropriation of Road Fund monies is concerned.
14    Nothing in this Section prohibits transfers from the Road
15Fund to the State Construction Account Fund under Section 5e of
16this Act; nor to the General Revenue Fund, as authorized by
17this amendatory Act of the 93rd General Assembly.
18    The additional amounts authorized for expenditure in this
19Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
20shall be repaid to the Road Fund from the General Revenue Fund
21in the next succeeding fiscal year that the General Revenue
22Fund has a positive budgetary balance, as determined by
23generally accepted accounting principles applicable to
24government.
25    The additional amounts authorized for expenditure by the
26Secretary of State and the Department of State Police in this

 

 

10000SB0042ham001- 61 -LRB100 04925 JWD 27935 a

1Section by this amendatory Act of the 94th General Assembly
2shall be repaid to the Road Fund from the General Revenue Fund
3in the next succeeding fiscal year that the General Revenue
4Fund has a positive budgetary balance, as determined by
5generally accepted accounting principles applicable to
6government.
7(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
899-523, eff. 6-30-16.)
 
9    (30 ILCS 105/8.25e)  (from Ch. 127, par. 144.25e)
10    Sec. 8.25e. (a) The State Comptroller and the State
11Treasurer shall automatically transfer on the first day of each
12month, beginning on February 1, 1988, from the General Revenue
13Fund to each of the funds then supplemented by the pari-mutuel
14tax pursuant to Section 28 of the Illinois Horse Racing Act of
151975, an amount equal to (i) the amount of pari-mutuel tax
16deposited into such fund during the month in fiscal year 1986
17which corresponds to the month preceding such transfer, minus
18(ii) the amount of pari-mutuel tax (or the replacement transfer
19authorized by subsection (d) of Section 8g Section 8g(d) of
20this Act and subsection (d) of Section 28.1 Section 28.1(d) of
21the Illinois Horse Racing Act of 1975) deposited into such fund
22during the month preceding such transfer; provided, however,
23that no transfer shall be made to a fund if such amount for
24that fund is equal to or less than zero and provided that no
25transfer shall be made to a fund in any fiscal year after the

 

 

10000SB0042ham001- 62 -LRB100 04925 JWD 27935 a

1amount deposited into such fund exceeds the amount of
2pari-mutuel tax deposited into such fund during fiscal year
31986.
4    (b) The State Comptroller and the State Treasurer shall
5automatically transfer on the last day of each month, beginning
6on October 1, 1989 and ending on June 30, 2017, from the
7General Revenue Fund to the Metropolitan Exposition,
8Auditorium and Office Building Fund, the amount of $2,750,000
9plus any cumulative deficiencies in such transfers for prior
10months, until the sum of $16,500,000 has been transferred for
11the fiscal year beginning July 1, 1989 and until the sum of
12$22,000,000 has been transferred for each fiscal year
13thereafter.
14    (b-5) The State Comptroller and the State Treasurer shall
15automatically transfer on the last day of each month, beginning
16on July 1, 2017, from the General Revenue Fund to the
17Metropolitan Exposition, Auditorium and Office Building Fund,
18the amount of $1,500,000 plus any cumulative deficiencies in
19such transfers for prior months, until the sum of $12,000,000
20has been transferred for each fiscal year thereafter.
21    (c) After the transfer of funds from the Metropolitan
22Exposition, Auditorium and Office Building Fund to the Bond
23Retirement Fund pursuant to subsection (b) of Section 15
24Section 15(b) of the Metropolitan Civic Center Support Act, the
25State Comptroller and the State Treasurer shall automatically
26transfer on the last day of each month, beginning on October 1,

 

 

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11989 and ending on June 30, 2017, from the Metropolitan
2Exposition, Auditorium and Office Building Fund to the Park and
3Conservation Fund the amount of $1,250,000 plus any cumulative
4deficiencies in such transfers for prior months, until the sum
5of $7,500,000 has been transferred for the fiscal year
6beginning July 1, 1989 and until the sum of $10,000,000 has
7been transferred for each fiscal year thereafter.
8(Source: P.A. 91-25, eff. 6-9-99.)
 
9    (30 ILCS 105/8g)
10    Sec. 8g. Fund transfers.
11    (a) In addition to any other transfers that may be provided
12for by law, as soon as may be practical after the effective
13date of this amendatory Act of the 91st General Assembly, the
14State Comptroller shall direct and the State Treasurer shall
15transfer the sum of $10,000,000 from the General Revenue Fund
16to the Motor Vehicle License Plate Fund created by Senate Bill
171028 of the 91st General Assembly.
18    (b) In addition to any other transfers that may be provided
19for by law, as soon as may be practical after the effective
20date of this amendatory Act of the 91st General Assembly, the
21State Comptroller shall direct and the State Treasurer shall
22transfer the sum of $25,000,000 from the General Revenue Fund
23to the Fund for Illinois' Future created by Senate Bill 1066 of
24the 91st General Assembly.
25    (c) In addition to any other transfers that may be provided

 

 

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1for by law, on August 30 of each fiscal year's license period,
2the Illinois Liquor Control Commission shall direct and the
3State Comptroller and State Treasurer shall transfer from the
4General Revenue Fund to the Youth Alcoholism and Substance
5Abuse Prevention Fund an amount equal to the number of retail
6liquor licenses issued for that fiscal year multiplied by $50.
7    (d) The payments to programs required under subsection (d)
8of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
9be made, pursuant to appropriation, from the special funds
10referred to in the statutes cited in that subsection, rather
11than directly from the General Revenue Fund.
12    Beginning January 1, 2000, on the first day of each month,
13or as soon as may be practical thereafter, the State
14Comptroller shall direct and the State Treasurer shall transfer
15from the General Revenue Fund to each of the special funds from
16which payments are to be made under subsection (d) of Section
1728.1 of the Illinois Horse Racing Act of 1975 an amount equal
18to 1/12 of the annual amount required for those payments from
19that special fund, which annual amount shall not exceed the
20annual amount for those payments from that special fund for the
21calendar year 1998. The special funds to which transfers shall
22be made under this subsection (d) include, but are not
23necessarily limited to, the Agricultural Premium Fund; the
24Metropolitan Exposition, Auditorium and Office Building Fund;
25the Fair and Exposition Fund; the Illinois Standardbred
26Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the

 

 

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1Illinois Veterans' Rehabilitation Fund. Except for transfers
2attributable to prior fiscal years, during State fiscal year
32018 only, no transfers shall be made from the General Revenue
4Fund to the Agricultural Premium Fund, the Fair and Exposition
5Fund, the Illinois Standardbred Breeders Fund, or the Illinois
6Thoroughbred Breeders Fund.
7    (e) In addition to any other transfers that may be provided
8for by law, as soon as may be practical after the effective
9date of this amendatory Act of the 91st General Assembly, but
10in no event later than June 30, 2000, the State Comptroller
11shall direct and the State Treasurer shall transfer the sum of
12$15,000,000 from the General Revenue Fund to the Fund for
13Illinois' Future.
14    (f) In addition to any other transfers that may be provided
15for by law, as soon as may be practical after the effective
16date of this amendatory Act of the 91st General Assembly, but
17in no event later than June 30, 2000, the State Comptroller
18shall direct and the State Treasurer shall transfer the sum of
19$70,000,000 from the General Revenue Fund to the Long-Term Care
20Provider Fund.
21    (f-1) In fiscal year 2002, in addition to any other
22transfers that may be provided for by law, at the direction of
23and upon notification from the Governor, the State Comptroller
24shall direct and the State Treasurer shall transfer amounts not
25exceeding a total of $160,000,000 from the General Revenue Fund
26to the Long-Term Care Provider Fund.

 

 

10000SB0042ham001- 66 -LRB100 04925 JWD 27935 a

1    (g) In addition to any other transfers that may be provided
2for by law, on July 1, 2001, or as soon thereafter as may be
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $1,200,000 from the General
5Revenue Fund to the Violence Prevention Fund.
6    (h) In each of fiscal years 2002 through 2004, but not
7thereafter, in addition to any other transfers that may be
8provided for by law, the State Comptroller shall direct and the
9State Treasurer shall transfer $5,000,000 from the General
10Revenue Fund to the Tourism Promotion Fund.
11    (i) On or after July 1, 2001 and until May 1, 2002, in
12addition to any other transfers that may be provided for by
13law, at the direction of and upon notification from the
14Governor, the State Comptroller shall direct and the State
15Treasurer shall transfer amounts not exceeding a total of
16$80,000,000 from the General Revenue Fund to the Tobacco
17Settlement Recovery Fund. Any amounts so transferred shall be
18re-transferred by the State Comptroller and the State Treasurer
19from the Tobacco Settlement Recovery Fund to the General
20Revenue Fund at the direction of and upon notification from the
21Governor, but in any event on or before June 30, 2002.
22    (i-1) On or after July 1, 2002 and until May 1, 2003, in
23addition to any other transfers that may be provided for by
24law, at the direction of and upon notification from the
25Governor, the State Comptroller shall direct and the State
26Treasurer shall transfer amounts not exceeding a total of

 

 

10000SB0042ham001- 67 -LRB100 04925 JWD 27935 a

1$80,000,000 from the General Revenue Fund to the Tobacco
2Settlement Recovery Fund. Any amounts so transferred shall be
3re-transferred by the State Comptroller and the State Treasurer
4from the Tobacco Settlement Recovery Fund to the General
5Revenue Fund at the direction of and upon notification from the
6Governor, but in any event on or before June 30, 2003.
7    (j) On or after July 1, 2001 and no later than June 30,
82002, in addition to any other transfers that may be provided
9for by law, at the direction of and upon notification from the
10Governor, the State Comptroller shall direct and the State
11Treasurer shall transfer amounts not to exceed the following
12sums into the Statistical Services Revolving Fund:
13    From the General Revenue Fund.................$8,450,000
14    From the Public Utility Fund..................1,700,000
15    From the Transportation Regulatory Fund.......2,650,000
16    From the Title III Social Security and
17     Employment Fund..............................3,700,000
18    From the Professions Indirect Cost Fund.......4,050,000
19    From the Underground Storage Tank Fund........550,000
20    From the Agricultural Premium Fund............750,000
21    From the State Pensions Fund..................200,000
22    From the Road Fund............................2,000,000
23    From the Health Facilities
24     Planning Fund................................1,000,000
25    From the Savings and Residential Finance
26     Regulatory Fund..............................130,800

 

 

10000SB0042ham001- 68 -LRB100 04925 JWD 27935 a

1    From the Appraisal Administration Fund........28,600
2    From the Pawnbroker Regulation Fund...........3,600
3    From the Auction Regulation
4     Administration Fund..........................35,800
5    From the Bank and Trust Company Fund..........634,800
6    From the Real Estate License
7     Administration Fund..........................313,600
8    (k) In addition to any other transfers that may be provided
9for by law, as soon as may be practical after the effective
10date of this amendatory Act of the 92nd General Assembly, the
11State Comptroller shall direct and the State Treasurer shall
12transfer the sum of $2,000,000 from the General Revenue Fund to
13the Teachers Health Insurance Security Fund.
14    (k-1) In addition to any other transfers that may be
15provided for by law, on July 1, 2002, or as soon as may be
16practical thereafter, the State Comptroller shall direct and
17the State Treasurer shall transfer the sum of $2,000,000 from
18the General Revenue Fund to the Teachers Health Insurance
19Security Fund.
20    (k-2) In addition to any other transfers that may be
21provided for by law, on July 1, 2003, or as soon as may be
22practical thereafter, the State Comptroller shall direct and
23the State Treasurer shall transfer the sum of $2,000,000 from
24the General Revenue Fund to the Teachers Health Insurance
25Security Fund.
26    (k-3) On or after July 1, 2002 and no later than June 30,

 

 

10000SB0042ham001- 69 -LRB100 04925 JWD 27935 a

12003, in addition to any other transfers that may be provided
2for by law, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts not to exceed the following
5sums into the Statistical Services Revolving Fund:
6    Appraisal Administration Fund.................$150,000
7    General Revenue Fund..........................10,440,000
8    Savings and Residential Finance
9        Regulatory Fund...........................200,000
10    State Pensions Fund...........................100,000
11    Bank and Trust Company Fund...................100,000
12    Professions Indirect Cost Fund................3,400,000
13    Public Utility Fund...........................2,081,200
14    Real Estate License Administration Fund.......150,000
15    Title III Social Security and
16        Employment Fund...........................1,000,000
17    Transportation Regulatory Fund................3,052,100
18    Underground Storage Tank Fund.................50,000
19    (l) In addition to any other transfers that may be provided
20for by law, on July 1, 2002, or as soon as may be practical
21thereafter, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $3,000,000 from the General
23Revenue Fund to the Presidential Library and Museum Operating
24Fund.
25    (m) In addition to any other transfers that may be provided
26for by law, on July 1, 2002 and on the effective date of this

 

 

10000SB0042ham001- 70 -LRB100 04925 JWD 27935 a

1amendatory Act of the 93rd General Assembly, or as soon
2thereafter as may be practical, the State Comptroller shall
3direct and the State Treasurer shall transfer the sum of
4$1,200,000 from the General Revenue Fund to the Violence
5Prevention Fund.
6    (n) In addition to any other transfers that may be provided
7for by law, on July 1, 2003, or as soon thereafter as may be
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $6,800,000 from the General
10Revenue Fund to the DHS Recoveries Trust Fund.
11    (o) On or after July 1, 2003, and no later than June 30,
122004, in addition to any other transfers that may be provided
13for by law, at the direction of and upon notification from the
14Governor, the State Comptroller shall direct and the State
15Treasurer shall transfer amounts not to exceed the following
16sums into the Vehicle Inspection Fund:
17    From the Underground Storage Tank Fund .......$35,000,000.
18    (p) On or after July 1, 2003 and until May 1, 2004, in
19addition to any other transfers that may be provided for by
20law, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts not exceeding a total of
23$80,000,000 from the General Revenue Fund to the Tobacco
24Settlement Recovery Fund. Any amounts so transferred shall be
25re-transferred from the Tobacco Settlement Recovery Fund to the
26General Revenue Fund at the direction of and upon notification

 

 

10000SB0042ham001- 71 -LRB100 04925 JWD 27935 a

1from the Governor, but in any event on or before June 30, 2004.
2    (q) In addition to any other transfers that may be provided
3for by law, on July 1, 2003, or as soon as may be practical
4thereafter, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $5,000,000 from the General
6Revenue Fund to the Illinois Military Family Relief Fund.
7    (r) In addition to any other transfers that may be provided
8for by law, on July 1, 2003, or as soon as may be practical
9thereafter, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $1,922,000 from the General
11Revenue Fund to the Presidential Library and Museum Operating
12Fund.
13    (s) In addition to any other transfers that may be provided
14for by law, on or after July 1, 2003, the State Comptroller
15shall direct and the State Treasurer shall transfer the sum of
16$4,800,000 from the Statewide Economic Development Fund to the
17General Revenue Fund.
18    (t) In addition to any other transfers that may be provided
19for by law, on or after July 1, 2003, the State Comptroller
20shall direct and the State Treasurer shall transfer the sum of
21$50,000,000 from the General Revenue Fund to the Budget
22Stabilization Fund.
23    (u) On or after July 1, 2004 and until May 1, 2005, in
24addition to any other transfers that may be provided for by
25law, at the direction of and upon notification from the
26Governor, the State Comptroller shall direct and the State

 

 

10000SB0042ham001- 72 -LRB100 04925 JWD 27935 a

1Treasurer shall transfer amounts not exceeding a total of
2$80,000,000 from the General Revenue Fund to the Tobacco
3Settlement Recovery Fund. Any amounts so transferred shall be
4retransferred by the State Comptroller and the State Treasurer
5from the Tobacco Settlement Recovery Fund to the General
6Revenue Fund at the direction of and upon notification from the
7Governor, but in any event on or before June 30, 2005.
8    (v) In addition to any other transfers that may be provided
9for by law, on July 1, 2004, or as soon thereafter as may be
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $1,200,000 from the General
12Revenue Fund to the Violence Prevention Fund.
13    (w) In addition to any other transfers that may be provided
14for by law, on July 1, 2004, or as soon thereafter as may be
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $6,445,000 from the General
17Revenue Fund to the Presidential Library and Museum Operating
18Fund.
19    (x) In addition to any other transfers that may be provided
20for by law, on January 15, 2005, or as soon thereafter as may
21be practical, the State Comptroller shall direct and the State
22Treasurer shall transfer to the General Revenue Fund the
23following sums:
24        From the State Crime Laboratory Fund, $200,000;
25        From the State Police Wireless Service Emergency Fund,
26    $200,000;

 

 

10000SB0042ham001- 73 -LRB100 04925 JWD 27935 a

1        From the State Offender DNA Identification System
2    Fund, $800,000; and
3        From the State Police Whistleblower Reward and
4    Protection Fund, $500,000.
5    (y) Notwithstanding any other provision of law to the
6contrary, in addition to any other transfers that may be
7provided for by law on June 30, 2005, or as soon as may be
8practical thereafter, the State Comptroller shall direct and
9the State Treasurer shall transfer the remaining balance from
10the designated funds into the General Revenue Fund and any
11future deposits that would otherwise be made into these funds
12must instead be made into the General Revenue Fund:
13        (1) the Keep Illinois Beautiful Fund;
14        (2) the Metropolitan Fair and Exposition Authority
15    Reconstruction Fund;
16        (3) the New Technology Recovery Fund;
17        (4) the Illinois Rural Bond Bank Trust Fund;
18        (5) the ISBE School Bus Driver Permit Fund;
19        (6) the Solid Waste Management Revolving Loan Fund;
20        (7) the State Postsecondary Review Program Fund;
21        (8) the Tourism Attraction Development Matching Grant
22    Fund;
23        (9) the Patent and Copyright Fund;
24        (10) the Credit Enhancement Development Fund;
25        (11) the Community Mental Health and Developmental
26    Disabilities Services Provider Participation Fee Trust

 

 

10000SB0042ham001- 74 -LRB100 04925 JWD 27935 a

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

 

 

10000SB0042ham001- 75 -LRB100 04925 JWD 27935 a

1    (bb) In addition to any other transfers that may be
2provided for by law, on July 1, 2005, or as soon as may be
3practical thereafter, the State Comptroller shall direct and
4the State Treasurer shall transfer the sum of $6,803,600 from
5the General Revenue Fund to the Securities Audit and
6Enforcement Fund.
7    (cc) In addition to any other transfers that may be
8provided for by law, on or after July 1, 2005 and until May 1,
92006, at the direction of and upon notification from the
10Governor, the State Comptroller shall direct and the State
11Treasurer shall transfer amounts not exceeding a total of
12$80,000,000 from the General Revenue Fund to the Tobacco
13Settlement Recovery Fund. Any amounts so transferred shall be
14re-transferred by the State Comptroller and the State Treasurer
15from the Tobacco Settlement Recovery Fund to the General
16Revenue Fund at the direction of and upon notification from the
17Governor, but in any event on or before June 30, 2006.
18    (dd) In addition to any other transfers that may be
19provided for by law, on April 1, 2005, or as soon thereafter as
20may be practical, at the direction of the Director of Public
21Aid (now Director of Healthcare and Family Services), the State
22Comptroller shall direct and the State Treasurer shall transfer
23from the Public Aid Recoveries Trust Fund amounts not to exceed
24$14,000,000 to the Community Mental Health Medicaid Trust Fund.
25    (ee) Notwithstanding any other provision of law, on July 1,
262006, or as soon thereafter as practical, the State Comptroller

 

 

10000SB0042ham001- 76 -LRB100 04925 JWD 27935 a

1shall direct and the State Treasurer shall transfer the
2remaining balance from the Illinois Civic Center Bond Fund to
3the Illinois Civic Center Bond Retirement and Interest Fund.
4    (ff) In addition to any other transfers that may be
5provided for by law, on and after July 1, 2006 and until June
630, 2007, at the direction of and upon notification from the
7Director of the Governor's Office of Management and Budget, the
8State Comptroller shall direct and the State Treasurer shall
9transfer amounts not exceeding a total of $1,900,000 from the
10General Revenue Fund to the Illinois Capital Revolving Loan
11Fund.
12    (gg) In addition to any other transfers that may be
13provided for by law, on and after July 1, 2006 and until May 1,
142007, at the direction of and upon notification from the
15Governor, the State Comptroller shall direct and the State
16Treasurer shall transfer amounts not exceeding a total of
17$80,000,000 from the General Revenue Fund to the Tobacco
18Settlement Recovery Fund. Any amounts so transferred shall be
19retransferred by the State Comptroller and the State Treasurer
20from the Tobacco Settlement Recovery Fund to the General
21Revenue Fund at the direction of and upon notification from the
22Governor, but in any event on or before June 30, 2007.
23    (hh) In addition to any other transfers that may be
24provided for by law, on and after July 1, 2006 and until June
2530, 2007, at the direction of and upon notification from the
26Governor, the State Comptroller shall direct and the State

 

 

10000SB0042ham001- 77 -LRB100 04925 JWD 27935 a

1Treasurer shall transfer amounts from the Illinois Affordable
2Housing Trust Fund to the designated funds not exceeding the
3following amounts:
4    DCFS Children's Services Fund.................$2,200,000
5    Department of Corrections Reimbursement
6        and Education Fund........................$1,500,000
7    Supplemental Low-Income Energy
8        Assistance Fund..............................$75,000
9    (ii) In addition to any other transfers that may be
10provided for by law, on or before August 31, 2006, the Governor
11and the State Comptroller may agree to transfer the surplus
12cash balance from the General Revenue Fund to the Budget
13Stabilization Fund and the Pension Stabilization Fund in equal
14proportions. The determination of the amount of the surplus
15cash balance shall be made by the Governor, with the
16concurrence of the State Comptroller, after taking into account
17the June 30, 2006 balances in the general funds and the actual
18or estimated spending from the general funds during the lapse
19period. Notwithstanding the foregoing, the maximum amount that
20may be transferred under this subsection (ii) is $50,000,000.
21    (jj) In addition to any other transfers that may be
22provided for by law, on July 1, 2006, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $8,250,000 from the General
25Revenue Fund to the Presidential Library and Museum Operating
26Fund.

 

 

10000SB0042ham001- 78 -LRB100 04925 JWD 27935 a

1    (kk) In addition to any other transfers that may be
2provided for by law, on July 1, 2006, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $1,400,000 from the General
5Revenue Fund to the Violence Prevention Fund.
6    (ll) In addition to any other transfers that may be
7provided for by law, on the first day of each calendar quarter
8of the fiscal year beginning July 1, 2006, or as soon
9thereafter as practical, the State Comptroller shall direct and
10the State Treasurer shall transfer from the General Revenue
11Fund amounts equal to one-fourth of $20,000,000 to the
12Renewable Energy Resources Trust Fund.
13    (mm) In addition to any other transfers that may be
14provided for by law, on July 1, 2006, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $1,320,000 from the General
17Revenue Fund to the I-FLY Fund.
18    (nn) In addition to any other transfers that may be
19provided for by law, on July 1, 2006, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $3,000,000 from the General
22Revenue Fund to the African-American HIV/AIDS Response Fund.
23    (oo) In addition to any other transfers that may be
24provided for by law, on and after July 1, 2006 and until June
2530, 2007, at the direction of and upon notification from the
26Governor, the State Comptroller shall direct and the State

 

 

10000SB0042ham001- 79 -LRB100 04925 JWD 27935 a

1Treasurer shall transfer amounts identified as net receipts
2from the sale of all or part of the Illinois Student Assistance
3Commission loan portfolio from the Student Loan Operating Fund
4to the General Revenue Fund. The maximum amount that may be
5transferred pursuant to this Section is $38,800,000. In
6addition, no transfer may be made pursuant to this Section that
7would have the effect of reducing the available balance in the
8Student Loan Operating Fund to an amount less than the amount
9remaining unexpended and unreserved from the total
10appropriations from the Fund estimated to be expended for the
11fiscal year. The State Treasurer and Comptroller shall transfer
12the amounts designated under this Section as soon as may be
13practical after receiving the direction to transfer from the
14Governor.
15    (pp) In addition to any other transfers that may be
16provided for by law, on July 1, 2006, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $2,000,000 from the General
19Revenue Fund to the Illinois Veterans Assistance Fund.
20    (qq) In addition to any other transfers that may be
21provided for by law, on and after July 1, 2007 and until May 1,
222008, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts not exceeding a total of
25$80,000,000 from the General Revenue Fund to the Tobacco
26Settlement Recovery Fund. Any amounts so transferred shall be

 

 

10000SB0042ham001- 80 -LRB100 04925 JWD 27935 a

1retransferred by the State Comptroller and the State Treasurer
2from the Tobacco Settlement Recovery Fund to the General
3Revenue Fund at the direction of and upon notification from the
4Governor, but in any event on or before June 30, 2008.
5    (rr) In addition to any other transfers that may be
6provided for by law, on and after July 1, 2007 and until June
730, 2008, at the direction of and upon notification from the
8Governor, the State Comptroller shall direct and the State
9Treasurer shall transfer amounts from the Illinois Affordable
10Housing Trust Fund to the designated funds not exceeding the
11following amounts:
12    DCFS Children's Services Fund.................$2,200,000
13    Department of Corrections Reimbursement
14        and Education Fund........................$1,500,000
15    Supplemental Low-Income Energy
16        Assistance Fund..............................$75,000
17    (ss) In addition to any other transfers that may be
18provided for by law, on July 1, 2007, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $8,250,000 from the General
21Revenue Fund to the Presidential Library and Museum Operating
22Fund.
23    (tt) In addition to any other transfers that may be
24provided for by law, on July 1, 2007, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $1,400,000 from the General

 

 

10000SB0042ham001- 81 -LRB100 04925 JWD 27935 a

1Revenue Fund to the Violence Prevention Fund.
2    (uu) In addition to any other transfers that may be
3provided for by law, on July 1, 2007, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $1,320,000 from the General
6Revenue Fund to the I-FLY Fund.
7    (vv) In addition to any other transfers that may be
8provided for by law, on July 1, 2007, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $3,000,000 from the General
11Revenue Fund to the African-American HIV/AIDS Response Fund.
12    (ww) In addition to any other transfers that may be
13provided for by law, on July 1, 2007, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $3,500,000 from the General
16Revenue Fund to the Predatory Lending Database Program Fund.
17    (xx) In addition to any other transfers that may be
18provided for by law, on July 1, 2007, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $5,000,000 from the General
21Revenue Fund to the Digital Divide Elimination Fund.
22    (yy) In addition to any other transfers that may be
23provided for by law, on July 1, 2007, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $4,000,000 from the General
26Revenue Fund to the Digital Divide Elimination Infrastructure

 

 

10000SB0042ham001- 82 -LRB100 04925 JWD 27935 a

1Fund.
2    (zz) In addition to any other transfers that may be
3provided for by law, on July 1, 2008, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $5,000,000 from the General
6Revenue Fund to the Digital Divide Elimination Fund.
7    (aaa) In addition to any other transfers that may be
8provided for by law, on and after July 1, 2008 and until May 1,
92009, at the direction of and upon notification from the
10Governor, the State Comptroller shall direct and the State
11Treasurer shall transfer amounts not exceeding a total of
12$80,000,000 from the General Revenue Fund to the Tobacco
13Settlement Recovery Fund. Any amounts so transferred shall be
14retransferred by the State Comptroller and the State Treasurer
15from the Tobacco Settlement Recovery Fund to the General
16Revenue Fund at the direction of and upon notification from the
17Governor, but in any event on or before June 30, 2009.
18    (bbb) In addition to any other transfers that may be
19provided for by law, on and after July 1, 2008 and until June
2030, 2009, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts from the Illinois Affordable
23Housing Trust Fund to the designated funds not exceeding the
24following amounts:
25        DCFS Children's Services Fund.............$2,200,000
26        Department of Corrections Reimbursement

 

 

10000SB0042ham001- 83 -LRB100 04925 JWD 27935 a

1        and Education Fund........................$1,500,000
2        Supplemental Low-Income Energy
3        Assistance Fund..............................$75,000
4    (ccc) In addition to any other transfers that may be
5provided for by law, on July 1, 2008, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $7,450,000 from the General
8Revenue Fund to the Presidential Library and Museum Operating
9Fund.
10    (ddd) In addition to any other transfers that may be
11provided for by law, on July 1, 2008, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $1,400,000 from the General
14Revenue Fund to the Violence Prevention Fund.
15    (eee) In addition to any other transfers that may be
16provided for by law, on July 1, 2009, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $5,000,000 from the General
19Revenue Fund to the Digital Divide Elimination Fund.
20    (fff) In addition to any other transfers that may be
21provided for by law, on and after July 1, 2009 and until May 1,
222010, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts not exceeding a total of
25$80,000,000 from the General Revenue Fund to the Tobacco
26Settlement Recovery Fund. Any amounts so transferred shall be

 

 

10000SB0042ham001- 84 -LRB100 04925 JWD 27935 a

1retransferred by the State Comptroller and the State Treasurer
2from the Tobacco Settlement Recovery Fund to the General
3Revenue Fund at the direction of and upon notification from the
4Governor, but in any event on or before June 30, 2010.
5    (ggg) In addition to any other transfers that may be
6provided for by law, on July 1, 2009, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $7,450,000 from the General
9Revenue Fund to the Presidential Library and Museum Operating
10Fund.
11    (hhh) In addition to any other transfers that may be
12provided for by law, on July 1, 2009, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $1,400,000 from the General
15Revenue Fund to the Violence Prevention Fund.
16    (iii) In addition to any other transfers that may be
17provided for by law, on July 1, 2009, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $100,000 from the General
20Revenue Fund to the Heartsaver AED Fund.
21    (jjj) In addition to any other transfers that may be
22provided for by law, on and after July 1, 2009 and until June
2330, 2010, at the direction of and upon notification from the
24Governor, the State Comptroller shall direct and the State
25Treasurer shall transfer amounts not exceeding a total of
26$17,000,000 from the General Revenue Fund to the DCFS

 

 

10000SB0042ham001- 85 -LRB100 04925 JWD 27935 a

1Children's Services Fund.
2    (lll) In addition to any other transfers that may be
3provided for by law, on July 1, 2009, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $5,000,000 from the General
6Revenue Fund to the Communications Revolving Fund.
7    (mmm) In addition to any other transfers that may be
8provided for by law, on July 1, 2009, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $9,700,000 from the General
11Revenue Fund to the Senior Citizens Real Estate Deferred Tax
12Revolving Fund.
13    (nnn) In addition to any other transfers that may be
14provided for by law, on July 1, 2009, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $565,000 from the FY09
17Budget Relief Fund to the Horse Racing Fund.
18    (ooo) In addition to any other transfers that may be
19provided by law, on July 1, 2009, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $600,000 from the General
22Revenue Fund to the Temporary Relocation Expenses Revolving
23Fund.
24    (ppp) In addition to any other transfers that may be
25provided for by law, on July 1, 2010, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

10000SB0042ham001- 86 -LRB100 04925 JWD 27935 a

1Treasurer shall transfer the sum of $5,000,000 from the General
2Revenue Fund to the Digital Divide Elimination Fund.
3    (qqq) In addition to any other transfers that may be
4provided for by law, on and after July 1, 2010 and until May 1,
52011, at the direction of and upon notification from the
6Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts not exceeding a total of
8$80,000,000 from the General Revenue Fund to the Tobacco
9Settlement Recovery Fund. Any amounts so transferred shall be
10retransferred by the State Comptroller and the State Treasurer
11from the Tobacco Settlement Recovery Fund to the General
12Revenue Fund at the direction of and upon notification from the
13Governor, but in any event on or before June 30, 2011.
14    (rrr) In addition to any other transfers that may be
15provided for by law, on July 1, 2010, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $6,675,000 from the General
18Revenue Fund to the Presidential Library and Museum Operating
19Fund.
20    (sss) In addition to any other transfers that may be
21provided for by law, on July 1, 2010, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $1,400,000 from the General
24Revenue Fund to the Violence Prevention Fund.
25    (ttt) In addition to any other transfers that may be
26provided for by law, on July 1, 2010, or as soon thereafter as

 

 

10000SB0042ham001- 87 -LRB100 04925 JWD 27935 a

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $100,000 from the General
3Revenue Fund to the Heartsaver AED Fund.
4    (uuu) In addition to any other transfers that may be
5provided for by law, on July 1, 2010, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $5,000,000 from the General
8Revenue Fund to the Communications Revolving Fund.
9    (vvv) In addition to any other transfers that may be
10provided for by law, on July 1, 2010, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $3,000,000 from the General
13Revenue Fund to the Illinois Capital Revolving Loan Fund.
14    (www) In addition to any other transfers that may be
15provided for by law, on July 1, 2010, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $17,000,000 from the
18General Revenue Fund to the DCFS Children's Services Fund.
19    (xxx) In addition to any other transfers that may be
20provided for by law, on July 1, 2010, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $2,000,000 from the Digital
23Divide Elimination Infrastructure Fund, of which $1,000,000
24shall go to the Workforce, Technology, and Economic Development
25Fund and $1,000,000 to the Public Utility Fund.
26    (yyy) In addition to any other transfers that may be

 

 

10000SB0042ham001- 88 -LRB100 04925 JWD 27935 a

1provided for by law, on and after July 1, 2011 and until May 1,
22012, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts not exceeding a total of
5$80,000,000 from the General Revenue Fund to the Tobacco
6Settlement Recovery Fund. Any amounts so transferred shall be
7retransferred by the State Comptroller and the State Treasurer
8from the Tobacco Settlement Recovery Fund to the General
9Revenue Fund at the direction of and upon notification from the
10Governor, but in any event on or before June 30, 2012.
11    (zzz) In addition to any other transfers that may be
12provided for by law, on July 1, 2011, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $1,000,000 from the General
15Revenue Fund to the Illinois Veterans Assistance Fund.
16    (aaaa) In addition to any other transfers that may be
17provided for by law, on July 1, 2011, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $8,000,000 from the General
20Revenue Fund to the Presidential Library and Museum Operating
21Fund.
22    (bbbb) In addition to any other transfers that may be
23provided for by law, on July 1, 2011, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $1,400,000 from the General
26Revenue Fund to the Violence Prevention Fund.

 

 

10000SB0042ham001- 89 -LRB100 04925 JWD 27935 a

1    (cccc) In addition to any other transfers that may be
2provided for by law, on July 1, 2011, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $14,100,000 from the
5General Revenue Fund to the State Garage Revolving Fund.
6    (dddd) In addition to any other transfers that may be
7provided for by law, on July 1, 2011, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $4,000,000 from the General
10Revenue Fund to the Digital Divide Elimination Fund.
11    (eeee) In addition to any other transfers that may be
12provided for by law, on July 1, 2011, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $500,000 from the General
15Revenue Fund to the Senior Citizens Real Estate Deferred Tax
16Revolving Fund.
17(Source: P.A. 99-933, eff. 1-27-17.)
 
18    (30 ILCS 105/8g-1)
19    Sec. 8g-1. Fund transfers.
20    (a) In addition to any other transfers that may be provided
21for by law, on and after July 1, 2012 and until May 1, 2013, at
22the direction of and upon notification from the Governor, the
23State Comptroller shall direct and the State Treasurer shall
24transfer amounts not exceeding a total of $80,000,000 from the
25General Revenue Fund to the Tobacco Settlement Recovery Fund.

 

 

10000SB0042ham001- 90 -LRB100 04925 JWD 27935 a

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

 

 

10000SB0042ham001- 91 -LRB100 04925 JWD 27935 a

1    (e) In addition to any other transfers that may be provided
2for by law, on July 1, 2013, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $500,000 from the General
5Revenue Fund to the Senior Citizens Real Estate Deferred Tax
6Revolving Fund.
7    (f) In addition to any other transfers that may be provided
8for by law, on July 1, 2013, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $4,000,000 from the General
11Revenue Fund to the Digital Divide Elimination Fund.
12    (g) In addition to any other transfers that may be provided
13for by law, on July 1, 2013, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $5,000,000 from the General
16Revenue Fund to the Communications Revolving Fund.
17    (h) In addition to any other transfers that may be provided
18for by law, on July 1, 2013, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $9,800,000 from the General
21Revenue Fund to the Presidential Library and Museum Operating
22Fund.
23    (i) In addition to any other transfers that may be provided
24for by law, on and after July 1, 2014 and until May 1, 2015, at
25the direction of and upon notification from the Governor, the
26State Comptroller shall direct and the State Treasurer shall

 

 

10000SB0042ham001- 92 -LRB100 04925 JWD 27935 a

1transfer amounts not exceeding a total of $80,000,000 from the
2General Revenue Fund to the Tobacco Settlement Recovery Fund.
3Any amounts so transferred shall be retransferred by the State
4Comptroller and the State Treasurer from the Tobacco Settlement
5Recovery Fund to the General Revenue Fund at the direction of
6and upon notification from the Governor, but in any event on or
7before June 30, 2015.
8    (j) In addition to any other transfers that may be provided
9for by law, on July 1, 2014, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $10,000,000 from the
12General Revenue Fund to the Presidential Library and Museum
13Operating Fund.
14    (k) In addition to any other transfers that may be provided
15for by law, as soon as practical, the State Comptroller shall
16direct and the State Treasurer shall transfer the sum of
17$500,000 from the General Revenue Fund to the Grant
18Accountability and Transparency Fund.
19(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
2098-674, eff. 6-30-14.)
 
21    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
22    Sec. 13.2. Transfers among line item appropriations.
23    (a) Transfers among line item appropriations from the same
24treasury fund for the objects specified in this Section may be
25made in the manner provided in this Section when the balance

 

 

10000SB0042ham001- 93 -LRB100 04925 JWD 27935 a

1remaining in one or more such line item appropriations is
2insufficient for the purpose for which the appropriation was
3made.
4    (a-1) No transfers may be made from one agency to another
5agency, nor may transfers be made from one institution of
6higher education to another institution of higher education
7except as provided by subsection (a-4).
8    (a-2) Except as otherwise provided in this Section,
9transfers may be made only among the objects of expenditure
10enumerated in this Section, except that no funds may be
11transferred from any appropriation for personal services, from
12any appropriation for State contributions to the State
13Employees' Retirement System, from any separate appropriation
14for employee retirement contributions paid by the employer, nor
15from any appropriation for State contribution for employee
16group insurance. During State fiscal year 2005, an agency may
17transfer amounts among its appropriations within the same
18treasury fund for personal services, employee retirement
19contributions paid by employer, and State Contributions to
20retirement systems; notwithstanding and in addition to the
21transfers authorized in subsection (c) of this Section, the
22fiscal year 2005 transfers authorized in this sentence may be
23made in an amount not to exceed 2% of the aggregate amount
24appropriated to an agency within the same treasury fund. During
25State fiscal year 2007, the Departments of Children and Family
26Services, Corrections, Human Services, and Juvenile Justice

 

 

10000SB0042ham001- 94 -LRB100 04925 JWD 27935 a

1may transfer amounts among their respective appropriations
2within the same treasury fund for personal services, employee
3retirement contributions paid by employer, and State
4contributions to retirement systems. During State fiscal year
52010, the Department of Transportation may transfer amounts
6among their respective appropriations within the same treasury
7fund for personal services, employee retirement contributions
8paid by employer, and State contributions to retirement
9systems. During State fiscal years 2010 and 2014 only, an
10agency may transfer amounts among its respective
11appropriations within the same treasury fund for personal
12services, employee retirement contributions paid by employer,
13and State contributions to retirement systems.
14Notwithstanding, and in addition to, the transfers authorized
15in subsection (c) of this Section, these transfers may be made
16in an amount not to exceed 2% of the aggregate amount
17appropriated to an agency within the same treasury fund.
18    (a-2.5) During State fiscal year 2015 only, the State's
19Attorneys Appellate Prosecutor may transfer amounts among its
20respective appropriations contained in operational line items
21within the same treasury fund. Notwithstanding, and in addition
22to, the transfers authorized in subsection (c) of this Section,
23these transfers may be made in an amount not to exceed 4% of
24the aggregate amount appropriated to the State's Attorneys
25Appellate Prosecutor within the same treasury fund.
26    (a-3) Further, if an agency receives a separate

 

 

10000SB0042ham001- 95 -LRB100 04925 JWD 27935 a

1appropriation for employee retirement contributions paid by
2the employer, any transfer by that agency into an appropriation
3for personal services must be accompanied by a corresponding
4transfer into the appropriation for employee retirement
5contributions paid by the employer, in an amount sufficient to
6meet the employer share of the employee contributions required
7to be remitted to the retirement system.
8    (a-4) Long-Term Care Rebalancing. The Governor may
9designate amounts set aside for institutional services
10appropriated from the General Revenue Fund or any other State
11fund that receives monies for long-term care services to be
12transferred to all State agencies responsible for the
13administration of community-based long-term care programs,
14including, but not limited to, community-based long-term care
15programs administered by the Department of Healthcare and
16Family Services, the Department of Human Services, and the
17Department on Aging, provided that the Director of Healthcare
18and Family Services first certifies that the amounts being
19transferred are necessary for the purpose of assisting persons
20in or at risk of being in institutional care to transition to
21community-based settings, including the financial data needed
22to prove the need for the transfer of funds. The total amounts
23transferred shall not exceed 4% in total of the amounts
24appropriated from the General Revenue Fund or any other State
25fund that receives monies for long-term care services for each
26fiscal year. A notice of the fund transfer must be made to the

 

 

10000SB0042ham001- 96 -LRB100 04925 JWD 27935 a

1General Assembly and posted at a minimum on the Department of
2Healthcare and Family Services website, the Governor's Office
3of Management and Budget website, and any other website the
4Governor sees fit. These postings shall serve as notice to the
5General Assembly of the amounts to be transferred. Notice shall
6be given at least 30 days prior to transfer.
7    (b) In addition to the general transfer authority provided
8under subsection (c), the following agencies have the specific
9transfer authority granted in this subsection:
10    The Department of Healthcare and Family Services is
11authorized to make transfers representing savings attributable
12to not increasing grants due to the births of additional
13children from line items for payments of cash grants to line
14items for payments for employment and social services for the
15purposes outlined in subsection (f) of Section 4-2 of the
16Illinois Public Aid Code.
17    The Department of Children and Family Services is
18authorized to make transfers not exceeding 2% of the aggregate
19amount appropriated to it within the same treasury fund for the
20following line items among these same line items: Foster Home
21and Specialized Foster Care and Prevention, Institutions and
22Group Homes and Prevention, and Purchase of Adoption and
23Guardianship Services.
24    The Department on Aging is authorized to make transfers not
25exceeding 2% of the aggregate amount appropriated to it within
26the same treasury fund for the following Community Care Program

 

 

10000SB0042ham001- 97 -LRB100 04925 JWD 27935 a

1line items among these same line items: purchase of services
2covered by the Community Care Program and Comprehensive Case
3Coordination.
4    The State Treasurer is authorized to make transfers among
5line item appropriations from the Capital Litigation Trust
6Fund, with respect to costs incurred in fiscal years 2002 and
72003 only, when the balance remaining in one or more such line
8item appropriations is insufficient for the purpose for which
9the appropriation was made, provided that no such transfer may
10be made unless the amount transferred is no longer required for
11the purpose for which that appropriation was made.
12    The State Board of Education is authorized to make
13transfers from line item appropriations within the same
14treasury fund for General State Aid and General State Aid -
15Hold Harmless, provided that no such transfer may be made
16unless the amount transferred is no longer required for the
17purpose for which that appropriation was made, to the line item
18appropriation for Transitional Assistance when the balance
19remaining in such line item appropriation is insufficient for
20the purpose for which the appropriation was made.
21    The State Board of Education is authorized to make
22transfers between the following line item appropriations
23within the same treasury fund: Disabled Student
24Services/Materials (Section 14-13.01 of the School Code),
25Disabled Student Transportation Reimbursement (Section
2614-13.01 of the School Code), Disabled Student Tuition -

 

 

10000SB0042ham001- 98 -LRB100 04925 JWD 27935 a

1Private Tuition (Section 14-7.02 of the School Code),
2Extraordinary Special Education (Section 14-7.02b of the
3School Code), Reimbursement for Free Lunch/Breakfast Program,
4Summer School Payments (Section 18-4.3 of the School Code), and
5Transportation - Regular/Vocational Reimbursement (Section
629-5 of the School Code). Such transfers shall be made only
7when the balance remaining in one or more such line item
8appropriations is insufficient for the purpose for which the
9appropriation was made and provided that no such transfer may
10be made unless the amount transferred is no longer required for
11the purpose for which that appropriation was made.
12    The Department of Healthcare and Family Services is
13authorized to make transfers not exceeding 4% of the aggregate
14amount appropriated to it, within the same treasury fund, among
15the various line items appropriated for Medical Assistance.
16    (c) The sum of such transfers for an agency in a fiscal
17year shall not exceed 2% of the aggregate amount appropriated
18to it within the same treasury fund for the following objects:
19Personal Services; Extra Help; Student and Inmate
20Compensation; State Contributions to Retirement Systems; State
21Contributions to Social Security; State Contribution for
22Employee Group Insurance; Contractual Services; Travel;
23Commodities; Printing; Equipment; Electronic Data Processing;
24Operation of Automotive Equipment; Telecommunications
25Services; Travel and Allowance for Committed, Paroled and
26Discharged Prisoners; Library Books; Federal Matching Grants

 

 

10000SB0042ham001- 99 -LRB100 04925 JWD 27935 a

1for Student Loans; Refunds; Workers' Compensation,
2Occupational Disease, and Tort Claims; and, in appropriations
3to institutions of higher education, Awards and Grants.
4Notwithstanding the above, any amounts appropriated for
5payment of workers' compensation claims to an agency to which
6the authority to evaluate, administer and pay such claims has
7been delegated by the Department of Central Management Services
8may be transferred to any other expenditure object where such
9amounts exceed the amount necessary for the payment of such
10claims.
11    (c-1) Special provisions for State fiscal year 2003.
12Notwithstanding any other provision of this Section to the
13contrary, for State fiscal year 2003 only, transfers among line
14item appropriations to an agency from the same treasury fund
15may be made provided that the sum of such transfers for an
16agency in State fiscal year 2003 shall not exceed 3% of the
17aggregate amount appropriated to that State agency for State
18fiscal year 2003 for the following objects: personal services,
19except that no transfer may be approved which reduces the
20aggregate appropriations for personal services within an
21agency; extra help; student and inmate compensation; State
22contributions to retirement systems; State contributions to
23social security; State contributions for employee group
24insurance; contractual services; travel; commodities;
25printing; equipment; electronic data processing; operation of
26automotive equipment; telecommunications services; travel and

 

 

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1allowance for committed, paroled, and discharged prisoners;
2library books; federal matching grants for student loans;
3refunds; workers' compensation, occupational disease, and tort
4claims; and, in appropriations to institutions of higher
5education, awards and grants.
6    (c-2) Special provisions for State fiscal year 2005.
7Notwithstanding subsections (a), (a-2), and (c), for State
8fiscal year 2005 only, transfers may be made among any line
9item appropriations from the same or any other treasury fund
10for any objects or purposes, without limitation, when the
11balance remaining in one or more such line item appropriations
12is insufficient for the purpose for which the appropriation was
13made, provided that the sum of those transfers by a State
14agency shall not exceed 4% of the aggregate amount appropriated
15to that State agency for fiscal year 2005.
16    (c-3) Special provisions for State fiscal year 2015.
17Notwithstanding any other provision of this Section, for State
18fiscal year 2015, transfers among line item appropriations to a
19State agency from the same State treasury fund may be made for
20operational or lump sum expenses only, provided that the sum of
21such transfers for a State agency in State fiscal year 2015
22shall not exceed 4% of the aggregate amount appropriated to
23that State agency for operational or lump sum expenses for
24State fiscal year 2015. For the purpose of this subsection,
25"operational or lump sum expenses" includes the following
26objects: personal services; extra help; student and inmate

 

 

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

 

 

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1contributions for employee group insurance; contractual
2services; travel; commodities; printing; equipment; electronic
3data processing; operation of automotive equipment;
4telecommunications services; travel and allowance for
5committed, paroled, and discharged prisoners; library books;
6federal matching grants for student loans; refunds; workers'
7compensation, occupational disease, and tort claims; lump sum
8and other purposes; and lump sum operations. For the purpose of
9this subsection (c-4), "State agency" does not include the
10Attorney General, the Secretary of State, the Comptroller, the
11Treasurer, or the legislative or judicial branches.
12    (d) Transfers among appropriations made to agencies of the
13Legislative and Judicial departments and to the
14constitutionally elected officers in the Executive branch
15require the approval of the officer authorized in Section 10 of
16this Act to approve and certify vouchers. Transfers among
17appropriations made to the University of Illinois, Southern
18Illinois University, Chicago State University, Eastern
19Illinois University, Governors State University, Illinois
20State University, Northeastern Illinois University, Northern
21Illinois University, Western Illinois University, the Illinois
22Mathematics and Science Academy and the Board of Higher
23Education require the approval of the Board of Higher Education
24and the Governor. Transfers among appropriations to all other
25agencies require the approval of the Governor.
26    The officer responsible for approval shall certify that the

 

 

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1transfer is necessary to carry out the programs and purposes
2for which the appropriations were made by the General Assembly
3and shall transmit to the State Comptroller a certified copy of
4the approval which shall set forth the specific amounts
5transferred so that the Comptroller may change his records
6accordingly. The Comptroller shall furnish the Governor with
7information copies of all transfers approved for agencies of
8the Legislative and Judicial departments and transfers
9approved by the constitutionally elected officials of the
10Executive branch other than the Governor, showing the amounts
11transferred and indicating the dates such changes were entered
12on the Comptroller's records.
13    (e) The State Board of Education, in consultation with the
14State Comptroller, may transfer line item appropriations for
15General State Aid between the Common School Fund and the
16Education Assistance Fund. With the advice and consent of the
17Governor's Office of Management and Budget, the State Board of
18Education, in consultation with the State Comptroller, may
19transfer line item appropriations between the General Revenue
20Fund and the Education Assistance Fund for the following
21programs:
22        (1) Disabled Student Personnel Reimbursement (Section
23    14-13.01 of the School Code);
24        (2) Disabled Student Transportation Reimbursement
25    (subsection (b) of Section 14-13.01 of the School Code);
26        (3) Disabled Student Tuition - Private Tuition

 

 

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1    (Section 14-7.02 of the School Code);
2        (4) Extraordinary Special Education (Section 14-7.02b
3    of the School Code);
4        (5) Reimbursement for Free Lunch/Breakfast Programs;
5        (6) Summer School Payments (Section 18-4.3 of the
6    School Code);
7        (7) Transportation - Regular/Vocational Reimbursement
8    (Section 29-5 of the School Code);
9        (8) Regular Education Reimbursement (Section 18-3 of
10    the School Code); and
11        (9) Special Education Reimbursement (Section 14-7.03
12    of the School Code).
13(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,
14eff. 3-26-15.)
 
15    Section 5-15. The State Revenue Sharing Act is amended by
16changing Section 12 as follows:
 
17    (30 ILCS 115/12)  (from Ch. 85, par. 616)
18    Sec. 12. Personal Property Tax Replacement Fund. There is
19hereby created the Personal Property Tax Replacement Fund, a
20special fund in the State Treasury into which shall be paid all
21revenue realized:
22    (a) all amounts realized from the additional personal
23property tax replacement income tax imposed by subsections (c)
24and (d) of Section 201 of the Illinois Income Tax Act, except

 

 

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1for those amounts deposited into the Income Tax Refund Fund
2pursuant to subsection (c) of Section 901 of the Illinois
3Income Tax Act; and
4    (b) all amounts realized from the additional personal
5property replacement invested capital taxes imposed by Section
62a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
7Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
8Section 3 of the Water Company Invested Capital Tax Act, and
9amounts payable to the Department of Revenue under the
10Telecommunications Infrastructure Maintenance Fee Act.
11    As soon as may be after the end of each month, the
12Department of Revenue shall certify to the Treasurer and the
13Comptroller the amount of all refunds paid out of the General
14Revenue Fund through the preceding month on account of
15overpayment of liability on taxes paid into the Personal
16Property Tax Replacement Fund. Upon receipt of such
17certification, the Treasurer and the Comptroller shall
18transfer the amount so certified from the Personal Property Tax
19Replacement Fund into the General Revenue Fund.
20    The payments of revenue into the Personal Property Tax
21Replacement Fund shall be used exclusively for distribution to
22taxing districts, regional offices and officials, and local
23officials as provided in this Section and in the School Code,
24payment of the ordinary and contingent expenses of the Property
25Tax Appeal Board, payment of the expenses of the Department of
26Revenue incurred in administering the collection and

 

 

10000SB0042ham001- 106 -LRB100 04925 JWD 27935 a

1distribution of monies paid into the Personal Property Tax
2Replacement Fund and transfers due to refunds to taxpayers for
3overpayment of liability for taxes paid into the Personal
4Property Tax Replacement Fund.
5    In addition, moneys in the Personal Property Tax
6Replacement Fund may be used to pay any of the following: (i)
7salary, stipends, and additional compensation as provided by
8law for chief election clerks, county clerks, and county
9recorders; (ii) costs associated with regional offices of
10education and educational service centers; (iii)
11reimbursements payable by the State Board of Elections under
12Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
13Election Code; (iv) expenses of the Illinois Educational Labor
14Relations Board; and (v) salary, personal services, and
15additional compensation as provided by law for court reporters
16under the Court Reporters Act.
17    As soon as may be after the effective date of this
18amendatory Act of 1980, the Department of Revenue shall certify
19to the Treasurer the amount of net replacement revenue paid
20into the General Revenue Fund prior to that effective date from
21the additional tax imposed by Section 2a.1 of the Messages Tax
22Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
23the Public Utilities Revenue Act; Section 3 of the Water
24Company Invested Capital Tax Act; amounts collected by the
25Department of Revenue under the Telecommunications
26Infrastructure Maintenance Fee Act; and the additional

 

 

10000SB0042ham001- 107 -LRB100 04925 JWD 27935 a

1personal property tax replacement income tax imposed by the
2Illinois Income Tax Act, as amended by Public Act 81-1st
3Special Session-1. Net replacement revenue shall be defined as
4the total amount paid into and remaining in the General Revenue
5Fund as a result of those Acts minus the amount outstanding and
6obligated from the General Revenue Fund in state vouchers or
7warrants prior to the effective date of this amendatory Act of
81980 as refunds to taxpayers for overpayment of liability under
9those Acts.
10    All interest earned by monies accumulated in the Personal
11Property Tax Replacement Fund shall be deposited in such Fund.
12All amounts allocated pursuant to this Section are appropriated
13on a continuing basis.
14    Prior to December 31, 1980, as soon as may be after the end
15of each quarter beginning with the quarter ending December 31,
161979, and on and after December 31, 1980, as soon as may be
17after January 1, March 1, April 1, May 1, July 1, August 1,
18October 1 and December 1 of each year, the Department of
19Revenue shall allocate to each taxing district as defined in
20Section 1-150 of the Property Tax Code, in accordance with the
21provisions of paragraph (2) of this Section the portion of the
22funds held in the Personal Property Tax Replacement Fund which
23is required to be distributed, as provided in paragraph (1),
24for each quarter. Provided, however, under no circumstances
25shall any taxing district during each of the first two years of
26distribution of the taxes imposed by this amendatory Act of

 

 

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11979 be entitled to an annual allocation which is less than the
2funds such taxing district collected from the 1978 personal
3property tax. Provided further that under no circumstances
4shall any taxing district during the third year of distribution
5of the taxes imposed by this amendatory Act of 1979 receive
6less than 60% of the funds such taxing district collected from
7the 1978 personal property tax. In the event that the total of
8the allocations made as above provided for all taxing
9districts, during either of such 3 years, exceeds the amount
10available for distribution the allocation of each taxing
11district shall be proportionately reduced. Except as provided
12in Section 13 of this Act, the Department shall then certify,
13pursuant to appropriation, such allocations to the State
14Comptroller who shall pay over to the several taxing districts
15the respective amounts allocated to them.
16    Any township which receives an allocation based in whole or
17in part upon personal property taxes which it levied pursuant
18to Section 6-507 or 6-512 of the Illinois Highway Code and
19which was previously required to be paid over to a municipality
20shall immediately pay over to that municipality a proportionate
21share of the personal property replacement funds which such
22township receives.
23    Any municipality or township, other than a municipality
24with a population in excess of 500,000, which receives an
25allocation based in whole or in part on personal property taxes
26which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the

 

 

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1Illinois Local Library Act and which was previously required to
2be paid over to a public library shall immediately pay over to
3that library a proportionate share of the personal property tax
4replacement funds which such municipality or township
5receives; provided that if such a public library has converted
6to a library organized under The Illinois Public Library
7District Act, regardless of whether such conversion has
8occurred on, after or before January 1, 1988, such
9proportionate share shall be immediately paid over to the
10library district which maintains and operates the library.
11However, any library that has converted prior to January 1,
121988, and which hitherto has not received the personal property
13tax replacement funds, shall receive such funds commencing on
14January 1, 1988.
15    Any township which receives an allocation based in whole or
16in part on personal property taxes which it levied pursuant to
17Section 1c of the Public Graveyards Act and which taxes were
18previously required to be paid over to or used for such public
19cemetery or cemeteries shall immediately pay over to or use for
20such public cemetery or cemeteries a proportionate share of the
21personal property tax replacement funds which the township
22receives.
23    Any taxing district which receives an allocation based in
24whole or in part upon personal property taxes which it levied
25for another governmental body or school district in Cook County
26in 1976 or for another governmental body or school district in

 

 

10000SB0042ham001- 110 -LRB100 04925 JWD 27935 a

1the remainder of the State in 1977 shall immediately pay over
2to that governmental body or school district the amount of
3personal property replacement funds which such governmental
4body or school district would receive directly under the
5provisions of paragraph (2) of this Section, had it levied its
6own taxes.
7        (1) The portion of the Personal Property Tax
8    Replacement Fund required to be distributed as of the time
9    allocation is required to be made shall be the amount
10    available in such Fund as of the time allocation is
11    required to be made.
12        The amount available for distribution shall be the
13    total amount in the fund at such time minus the necessary
14    administrative and other authorized expenses as limited by
15    the appropriation and the amount determined by: (a) $2.8
16    million for fiscal year 1981; (b) for fiscal year 1982,
17    .54% of the funds distributed from the fund during the
18    preceding fiscal year; (c) for fiscal year 1983 through
19    fiscal year 1988, .54% of the funds distributed from the
20    fund during the preceding fiscal year less .02% of such
21    fund for fiscal year 1983 and less .02% of such funds for
22    each fiscal year thereafter; (d) for fiscal year 1989
23    through fiscal year 2011 no more than 105% of the actual
24    administrative expenses of the prior fiscal year; (e) for
25    fiscal year 2012 and beyond, a sufficient amount to pay (i)
26    stipends, additional compensation, salary reimbursements,

 

 

10000SB0042ham001- 111 -LRB100 04925 JWD 27935 a

1    and other amounts directed to be paid out of this Fund for
2    local officials as authorized or required by statute and
3    (ii) no more than 105% of the actual administrative
4    expenses of the prior fiscal year, including payment of the
5    ordinary and contingent expenses of the Property Tax Appeal
6    Board and payment of the expenses of the Department of
7    Revenue incurred in administering the collection and
8    distribution of moneys paid into the Fund; or (f) for
9    fiscal years 2012 and 2013 only, a sufficient amount to pay
10    stipends, additional compensation, salary reimbursements,
11    and other amounts directed to be paid out of this Fund for
12    regional offices and officials as authorized or required by
13    statute; or (g) for fiscal year 2018 only, a sufficient
14    amount to pay amounts directed to be paid out of this Fund
15    for public community college base operating grants and
16    local health protection grants to certified local health
17    departments as authorized or required by appropriation or
18    statute. Such portion of the fund shall be determined after
19    the transfer into the General Revenue Fund due to refunds,
20    if any, paid from the General Revenue Fund during the
21    preceding quarter. If at any time, for any reason, there is
22    insufficient amount in the Personal Property Tax
23    Replacement Fund for payments for regional offices and
24    officials or local officials or payment of costs of
25    administration or for transfers due to refunds at the end
26    of any particular month, the amount of such insufficiency

 

 

10000SB0042ham001- 112 -LRB100 04925 JWD 27935 a

1    shall be carried over for the purposes of payments for
2    regional offices and officials, local officials, transfers
3    into the General Revenue Fund, and costs of administration
4    to the following month or months. Net replacement revenue
5    held, and defined above, shall be transferred by the
6    Treasurer and Comptroller to the Personal Property Tax
7    Replacement Fund within 10 days of such certification.
8        (2) Each quarterly allocation shall first be
9    apportioned in the following manner: 51.65% for taxing
10    districts in Cook County and 48.35% for taxing districts in
11    the remainder of the State.
12    The Personal Property Replacement Ratio of each taxing
13district outside Cook County shall be the ratio which the Tax
14Base of that taxing district bears to the Downstate Tax Base.
15The Tax Base of each taxing district outside of Cook County is
16the personal property tax collections for that taxing district
17for the 1977 tax year. The Downstate Tax Base is the personal
18property tax collections for all taxing districts in the State
19outside of Cook County for the 1977 tax year. The Department of
20Revenue shall have authority to review for accuracy and
21completeness the personal property tax collections for each
22taxing district outside Cook County for the 1977 tax year.
23    The Personal Property Replacement Ratio of each Cook County
24taxing district shall be the ratio which the Tax Base of that
25taxing district bears to the Cook County Tax Base. The Tax Base
26of each Cook County taxing district is the personal property

 

 

10000SB0042ham001- 113 -LRB100 04925 JWD 27935 a

1tax collections for that taxing district for the 1976 tax year.
2The Cook County Tax Base is the personal property tax
3collections for all taxing districts in Cook County for the
41976 tax year. The Department of Revenue shall have authority
5to review for accuracy and completeness the personal property
6tax collections for each taxing district within Cook County for
7the 1976 tax year.
8    For all purposes of this Section 12, amounts paid to a
9taxing district for such tax years as may be applicable by a
10foreign corporation under the provisions of Section 7-202 of
11the Public Utilities Act, as amended, shall be deemed to be
12personal property taxes collected by such taxing district for
13such tax years as may be applicable. The Director shall
14determine from the Illinois Commerce Commission, for any tax
15year as may be applicable, the amounts so paid by any such
16foreign corporation to any and all taxing districts. The
17Illinois Commerce Commission shall furnish such information to
18the Director. For all purposes of this Section 12, the Director
19shall deem such amounts to be collected personal property taxes
20of each such taxing district for the applicable tax year or
21years.
22    Taxing districts located both in Cook County and in one or
23more other counties shall receive both a Cook County allocation
24and a Downstate allocation determined in the same way as all
25other taxing districts.
26    If any taxing district in existence on July 1, 1979 ceases

 

 

10000SB0042ham001- 114 -LRB100 04925 JWD 27935 a

1to exist, or discontinues its operations, its Tax Base shall
2thereafter be deemed to be zero. If the powers, duties and
3obligations of the discontinued taxing district are assumed by
4another taxing district, the Tax Base of the discontinued
5taxing district shall be added to the Tax Base of the taxing
6district assuming such powers, duties and obligations.
7    If two or more taxing districts in existence on July 1,
81979, or a successor or successors thereto shall consolidate
9into one taxing district, the Tax Base of such consolidated
10taxing district shall be the sum of the Tax Bases of each of
11the taxing districts which have consolidated.
12    If a single taxing district in existence on July 1, 1979,
13or a successor or successors thereto shall be divided into two
14or more separate taxing districts, the tax base of the taxing
15district so divided shall be allocated to each of the resulting
16taxing districts in proportion to the then current equalized
17assessed value of each resulting taxing district.
18    If a portion of the territory of a taxing district is
19disconnected and annexed to another taxing district of the same
20type, the Tax Base of the taxing district from which
21disconnection was made shall be reduced in proportion to the
22then current equalized assessed value of the disconnected
23territory as compared with the then current equalized assessed
24value within the entire territory of the taxing district prior
25to disconnection, and the amount of such reduction shall be
26added to the Tax Base of the taxing district to which

 

 

10000SB0042ham001- 115 -LRB100 04925 JWD 27935 a

1annexation is made.
2    If a community college district is created after July 1,
31979, beginning on the effective date of this amendatory Act of
41995, its Tax Base shall be 3.5% of the sum of the personal
5property tax collected for the 1977 tax year within the
6territorial jurisdiction of the district.
7    The amounts allocated and paid to taxing districts pursuant
8to the provisions of this amendatory Act of 1979 shall be
9deemed to be substitute revenues for the revenues derived from
10taxes imposed on personal property pursuant to the provisions
11of the "Revenue Act of 1939" or "An Act for the assessment and
12taxation of private car line companies", approved July 22,
131943, as amended, or Section 414 of the Illinois Insurance
14Code, prior to the abolition of such taxes and shall be used
15for the same purposes as the revenues derived from ad valorem
16taxes on real estate.
17    Monies received by any taxing districts from the Personal
18Property Tax Replacement Fund shall be first applied toward
19payment of the proportionate amount of debt service which was
20previously levied and collected from extensions against
21personal property on bonds outstanding as of December 31, 1978
22and next applied toward payment of the proportionate share of
23the pension or retirement obligations of the taxing district
24which were previously levied and collected from extensions
25against personal property. For each such outstanding bond
26issue, the County Clerk shall determine the percentage of the

 

 

10000SB0042ham001- 116 -LRB100 04925 JWD 27935 a

1debt service which was collected from extensions against real
2estate in the taxing district for 1978 taxes payable in 1979,
3as related to the total amount of such levies and collections
4from extensions against both real and personal property. For
51979 and subsequent years' taxes, the County Clerk shall levy
6and extend taxes against the real estate of each taxing
7district which will yield the said percentage or percentages of
8the debt service on such outstanding bonds. The balance of the
9amount necessary to fully pay such debt service shall
10constitute a first and prior lien upon the monies received by
11each such taxing district through the Personal Property Tax
12Replacement Fund and shall be first applied or set aside for
13such purpose. In counties having fewer than 3,000,000
14inhabitants, the amendments to this paragraph as made by this
15amendatory Act of 1980 shall be first applicable to 1980 taxes
16to be collected in 1981.
17(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
1897-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
196-30-14.)
 
20    Section 5-20. The General Obligation Bond Act is amended by
21changing Section 15 as follows:
 
22    (30 ILCS 330/15)  (from Ch. 127, par. 665)
23    Sec. 15. Computation of Principal and Interest; transfers.
24    (a) Upon each delivery of Bonds authorized to be issued

 

 

10000SB0042ham001- 117 -LRB100 04925 JWD 27935 a

1under this Act, the Comptroller shall compute and certify to
2the Treasurer the total amount of principal of, interest on,
3and premium, if any, on Bonds issued that will be payable in
4order to retire such Bonds, the amount of principal of,
5interest on and premium, if any, on such Bonds that will be
6payable on each payment date according to the tenor of such
7Bonds during the then current and each succeeding fiscal year,
8and the amount of sinking fund payments needed to be deposited
9in connection with Qualified School Construction Bonds
10authorized by subsection (e) of Section 9. With respect to the
11interest payable on variable rate bonds, such certifications
12shall be calculated at the maximum rate of interest that may be
13payable during the fiscal year, after taking into account any
14credits permitted in the related indenture or other instrument
15against the amount of such interest required to be appropriated
16for such period pursuant to subsection (c) of Section 14 of
17this Act. With respect to the interest payable, such
18certifications shall include the amounts certified by the
19Director of the Governor's Office of Management and Budget
20under subsection (b) of Section 9 of this Act.
21    On or before the last day of each month the State Treasurer
22and Comptroller shall transfer from (1) the Road Fund with
23respect to Bonds issued under paragraph (a) of Section 4 of
24this Act, or Bonds issued under authorization in Public Act
2598-781, or Bonds issued for the purpose of refunding such
26bonds, and from (2) the General Revenue Fund, with respect to

 

 

10000SB0042ham001- 118 -LRB100 04925 JWD 27935 a

1all other Bonds issued under this Act, to the General
2Obligation Bond Retirement and Interest Fund an amount
3sufficient to pay the aggregate of the principal of, interest
4on, and premium, if any, on Bonds payable, by their terms on
5the next payment date divided by the number of full calendar
6months between the date of such Bonds and the first such
7payment date, and thereafter, divided by the number of months
8between each succeeding payment date after the first. Such
9computations and transfers shall be made for each series of
10Bonds issued and delivered. Interest payable on variable rate
11bonds shall be calculated at the maximum rate of interest that
12may be payable for the relevant period, after taking into
13account any credits permitted in the related indenture or other
14instrument against the amount of such interest required to be
15appropriated for such period pursuant to subsection (c) of
16Section 14 of this Act. Computations of interest shall include
17the amounts certified by the Director of the Governor's Office
18of Management and Budget under subsection (b) of Section 9 of
19this Act. Interest for which moneys have already been deposited
20into the capitalized interest account within the General
21Obligation Bond Retirement and Interest Fund shall not be
22included in the calculation of the amounts to be transferred
23under this subsection. Notwithstanding any other provision in
24this Section, the transfer provisions provided in this
25paragraph shall not apply to transfers made in fiscal year 2010
26or fiscal year 2011 with respect to Bonds issued in fiscal year

 

 

10000SB0042ham001- 119 -LRB100 04925 JWD 27935 a

12010 or fiscal year 2011 pursuant to Section 7.2 of this Act.
2In the case of transfers made in fiscal year 2010 or fiscal
3year 2011 with respect to the Bonds issued in fiscal year 2010
4or fiscal year 2011 pursuant to Section 7.2 of this Act, on or
5before the 15th day of the month prior to the required debt
6service payment, the State Treasurer and Comptroller shall
7transfer from the General Revenue Fund to the General
8Obligation Bond Retirement and Interest Fund an amount
9sufficient to pay the aggregate of the principal of, interest
10on, and premium, if any, on the Bonds payable in that next
11month.
12    The transfer of monies herein and above directed is not
13required if monies in the General Obligation Bond Retirement
14and Interest Fund are more than the amount otherwise to be
15transferred as herein above provided, and if the Governor or
16his authorized representative notifies the State Treasurer and
17Comptroller of such fact in writing.
18    (b) After the effective date of this Act, the balance of,
19and monies directed to be included in the Capital Development
20Bond Retirement and Interest Fund, Anti-Pollution Bond
21Retirement and Interest Fund, Transportation Bond, Series A
22Retirement and Interest Fund, Transportation Bond, Series B
23Retirement and Interest Fund, and Coal Development Bond
24Retirement and Interest Fund shall be transferred to and
25deposited in the General Obligation Bond Retirement and
26Interest Fund. This Fund shall be used to make debt service

 

 

10000SB0042ham001- 120 -LRB100 04925 JWD 27935 a

1payments on the State's general obligation Bonds heretofore
2issued which are now outstanding and payable from the Funds
3herein listed as well as on Bonds issued under this Act.
4    (c) The unused portion of federal funds received for a
5capital facilities project, as authorized by Section 3 of this
6Act, for which monies from the Capital Development Fund have
7been expended shall remain in the Capital Development Board
8Contributory Trust Fund and shall be used for capital projects
9and for no other purpose, subject to appropriation and as
10directed by the Capital Development Board. Any federal funds
11received as reimbursement for the completed construction of a
12capital facilities project, as authorized by Section 3 of this
13Act, for which monies from the Capital Development Fund have
14been expended shall be deposited in the General Obligation Bond
15Retirement and Interest Fund.
16(Source: P.A. 98-245, eff. 1-1-14.)
 
17    Section 5-25. The State Prompt Payment Act is amended by
18adding Section 3-5 as follows:
 
19    (30 ILCS 540/3-5 new)
20    Sec. 3-5. Budget Stabilization Fund; insufficient
21appropriation. If an agency incurs an interest liability under
22this Act that is ordinarily payable from the Budget
23Stabilization Fund, but the agency has insufficient
24appropriation authority from the Budget Stabilization Fund to

 

 

10000SB0042ham001- 121 -LRB100 04925 JWD 27935 a

1make the interest payment at the time the interest payment is
2due, the agency is authorized to pay the interest from its
3available appropriations from the General Revenue Fund.
 
4    Section 5-30. The Illinois Income Tax Act is amended by
5changing Section 901 as follows:
 
6    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
7    Sec. 901. Collection authority.
8    (a) In general.
9    The Department shall collect the taxes imposed by this Act.
10The Department shall collect certified past due child support
11amounts under Section 2505-650 of the Department of Revenue Law
12(20 ILCS 2505/2505-650). Except as provided in subsections (b),
13(c), (e), (f), (g), and (h) of this Section, money collected
14pursuant to subsections (a) and (b) of Section 201 of this Act
15shall be paid into the General Revenue Fund in the State
16treasury; money collected pursuant to subsections (c) and (d)
17of Section 201 of this Act shall be paid into the Personal
18Property Tax Replacement Fund, a special fund in the State
19Treasury; and money collected under Section 2505-650 of the
20Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
21into the Child Support Enforcement Trust Fund, a special fund
22outside the State Treasury, or to the State Disbursement Unit
23established under Section 10-26 of the Illinois Public Aid
24Code, as directed by the Department of Healthcare and Family

 

 

10000SB0042ham001- 122 -LRB100 04925 JWD 27935 a

1Services.
2    (b) Local Government Distributive Fund.
3    Beginning August 1, 1969, and continuing through June 30,
41994, the Treasurer shall transfer each month from the General
5Revenue Fund to a special fund in the State treasury, to be
6known as the "Local Government Distributive Fund", an amount
7equal to 1/12 of the net revenue realized from the tax imposed
8by subsections (a) and (b) of Section 201 of this Act during
9the preceding month. Beginning July 1, 1994, and continuing
10through June 30, 1995, the Treasurer shall transfer each month
11from the General Revenue Fund to the Local Government
12Distributive Fund an amount equal to 1/11 of the net revenue
13realized from the tax imposed by subsections (a) and (b) of
14Section 201 of this Act during the preceding month. Beginning
15July 1, 1995 and continuing through January 31, 2011, the
16Treasurer shall transfer each month from the General Revenue
17Fund to the Local Government Distributive Fund an amount equal
18to the net of (i) 1/10 of the net revenue realized from the tax
19imposed by subsections (a) and (b) of Section 201 of the
20Illinois Income Tax Act during the preceding month (ii) minus,
21beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
22and beginning July 1, 2004, zero. Beginning February 1, 2011,
23and continuing through January 31, 2015, the Treasurer shall
24transfer each month from the General Revenue Fund to the Local
25Government Distributive Fund an amount equal to the sum of (i)
266% (10% of the ratio of the 3% individual income tax rate prior

 

 

10000SB0042ham001- 123 -LRB100 04925 JWD 27935 a

1to 2011 to the 5% individual income tax rate after 2010) of the
2net revenue realized from the tax imposed by subsections (a)
3and (b) of Section 201 of this Act upon individuals, trusts,
4and estates during the preceding month and (ii) 6.86% (10% of
5the ratio of the 4.8% corporate income tax rate prior to 2011
6to the 7% corporate income tax rate after 2010) of the net
7revenue realized from the tax imposed by subsections (a) and
8(b) of Section 201 of this Act upon corporations during the
9preceding month. Beginning February 1, 2015 and continuing
10through January 31, 2025, the Treasurer shall transfer each
11month from the General Revenue Fund to the Local Government
12Distributive Fund an amount equal to the sum of (i) 8% (10% of
13the ratio of the 3% individual income tax rate prior to 2011 to
14the 3.75% individual income tax rate after 2014) of the net
15revenue realized from the tax imposed by subsections (a) and
16(b) of Section 201 of this Act upon individuals, trusts, and
17estates during the preceding month and (ii) 9.14% (10% of the
18ratio of the 4.8% corporate income tax rate prior to 2011 to
19the 5.25% corporate income tax rate after 2014) of the net
20revenue realized from the tax imposed by subsections (a) and
21(b) of Section 201 of this Act upon corporations during the
22preceding month. Beginning February 1, 2025, the Treasurer
23shall transfer each month from the General Revenue Fund to the
24Local Government Distributive Fund an amount equal to the sum
25of (i) 9.23% (10% of the ratio of the 3% individual income tax
26rate prior to 2011 to the 3.25% individual income tax rate

 

 

10000SB0042ham001- 124 -LRB100 04925 JWD 27935 a

1after 2024) of the net revenue realized from the tax imposed by
2subsections (a) and (b) of Section 201 of this Act upon
3individuals, trusts, and estates during the preceding month and
4(ii) 10% of the net revenue realized from the tax imposed by
5subsections (a) and (b) of Section 201 of this Act upon
6corporations during the preceding month. Net revenue realized
7for a month shall be defined as the revenue from the tax
8imposed by subsections (a) and (b) of Section 201 of this Act
9which is deposited in the General Revenue Fund, the Education
10Assistance Fund, the Income Tax Surcharge Local Government
11Distributive Fund, the Fund for the Advancement of Education,
12and the Commitment to Human Services Fund during the month
13minus the amount paid out of the General Revenue Fund in State
14warrants during that same month as refunds to taxpayers for
15overpayment of liability under the tax imposed by subsections
16(a) and (b) of Section 201 of this Act.
17    Notwithstanding any provision of law to the contrary,
18beginning on the effective date of this amendatory Act of the
19100th General Assembly, those amounts required under this
20subsection (b) to be transferred by the Treasurer into the
21Local Government Distributive Fund from the General Revenue
22Fund shall be directly deposited into the Local Government
23Distributive Fund as the revenue is realized from the tax
24imposed by subsections (a) and (b) of Section 201 of this Act.
25    For State fiscal year 2018 only, notwithstanding any
26provision of law to the contrary, the total amount of revenue

 

 

10000SB0042ham001- 125 -LRB100 04925 JWD 27935 a

1and deposits under this Section attributable to revenues
2realized during State fiscal year 2018 shall be reduced by 10%.
3    Beginning on August 26, 2014 (the effective date of Public
4Act 98-1052), the Comptroller shall perform the transfers
5required by this subsection (b) no later than 60 days after he
6or she receives the certification from the Treasurer as
7provided in Section 1 of the State Revenue Sharing Act.
8    (c) Deposits Into Income Tax Refund Fund.
9        (1) Beginning on January 1, 1989 and thereafter, the
10    Department shall deposit a percentage of the amounts
11    collected pursuant to subsections (a) and (b)(1), (2), and
12    (3), of Section 201 of this Act into a fund in the State
13    treasury known as the Income Tax Refund Fund. The
14    Department shall deposit 6% of such amounts during the
15    period beginning January 1, 1989 and ending on June 30,
16    1989. Beginning with State fiscal year 1990 and for each
17    fiscal year thereafter, the percentage deposited into the
18    Income Tax Refund Fund during a fiscal year shall be the
19    Annual Percentage. For fiscal years 1999 through 2001, the
20    Annual Percentage shall be 7.1%. For fiscal year 2003, the
21    Annual Percentage shall be 8%. For fiscal year 2004, the
22    Annual Percentage shall be 11.7%. Upon the effective date
23    of this amendatory Act of the 93rd General Assembly, the
24    Annual Percentage shall be 10% for fiscal year 2005. For
25    fiscal year 2006, the Annual Percentage shall be 9.75%. For
26    fiscal year 2007, the Annual Percentage shall be 9.75%. For

 

 

10000SB0042ham001- 126 -LRB100 04925 JWD 27935 a

1    fiscal year 2008, the Annual Percentage shall be 7.75%. For
2    fiscal year 2009, the Annual Percentage shall be 9.75%. For
3    fiscal year 2010, the Annual Percentage shall be 9.75%. For
4    fiscal year 2011, the Annual Percentage shall be 8.75%. For
5    fiscal year 2012, the Annual Percentage shall be 8.75%. For
6    fiscal year 2013, the Annual Percentage shall be 9.75%. For
7    fiscal year 2014, the Annual Percentage shall be 9.5%. For
8    fiscal year 2015, the Annual Percentage shall be 10%. For
9    fiscal year 2018, the Annual Percentage shall be 9.8%. For
10    all other fiscal years, the Annual Percentage shall be
11    calculated as a fraction, the numerator of which shall be
12    the amount of refunds approved for payment by the
13    Department during the preceding fiscal year as a result of
14    overpayment of tax liability under subsections (a) and
15    (b)(1), (2), and (3) of Section 201 of this Act plus the
16    amount of such refunds remaining approved but unpaid at the
17    end of the preceding fiscal year, minus the amounts
18    transferred into the Income Tax Refund Fund from the
19    Tobacco Settlement Recovery Fund, and the denominator of
20    which shall be the amounts which will be collected pursuant
21    to subsections (a) and (b)(1), (2), and (3) of Section 201
22    of this Act during the preceding fiscal year; except that
23    in State fiscal year 2002, the Annual Percentage shall in
24    no event exceed 7.6%. The Director of Revenue shall certify
25    the Annual Percentage to the Comptroller on the last
26    business day of the fiscal year immediately preceding the

 

 

10000SB0042ham001- 127 -LRB100 04925 JWD 27935 a

1    fiscal year for which it is to be effective.
2        (2) 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)(6), (7), and
5    (8), (c) and (d) of Section 201 of this Act into a fund in
6    the State treasury known as the Income Tax Refund Fund. The
7    Department shall deposit 18% 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, 2000, and 2001,
13    the Annual Percentage shall be 19%. For fiscal year 2003,
14    the Annual Percentage shall be 27%. For fiscal year 2004,
15    the Annual Percentage shall be 32%. Upon the effective date
16    of this amendatory Act of the 93rd General Assembly, the
17    Annual Percentage shall be 24% for fiscal year 2005. For
18    fiscal year 2006, the Annual Percentage shall be 20%. For
19    fiscal year 2007, the Annual Percentage shall be 17.5%. For
20    fiscal year 2008, the Annual Percentage shall be 15.5%. For
21    fiscal year 2009, the Annual Percentage shall be 17.5%. For
22    fiscal year 2010, the Annual Percentage shall be 17.5%. For
23    fiscal year 2011, the Annual Percentage shall be 17.5%. For
24    fiscal year 2012, the Annual Percentage shall be 17.5%. For
25    fiscal year 2013, the Annual Percentage shall be 14%. For
26    fiscal year 2014, the Annual Percentage shall be 13.4%. For

 

 

10000SB0042ham001- 128 -LRB100 04925 JWD 27935 a

1    fiscal year 2015, the Annual Percentage shall be 14%. For
2    fiscal year 2018, the Annual Percentage shall be 17.5%. 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)(6), (7), and (8), (c) and (d) of Section 201 of this
9    Act plus the amount of such refunds remaining approved but
10    unpaid at the end of the preceding fiscal year, and the
11    denominator of which shall be the amounts which will be
12    collected pursuant to subsections (a) and (b)(6), (7), and
13    (8), (c) and (d) of Section 201 of this Act during the
14    preceding fiscal year; except that in State fiscal year
15    2002, the Annual Percentage shall in no event exceed 23%.
16    The Director of Revenue shall certify the Annual Percentage
17    to the Comptroller on the last business day of the fiscal
18    year immediately preceding the fiscal year for which it is
19    to be effective.
20        (3) The Comptroller shall order transferred and the
21    Treasurer shall transfer from the Tobacco Settlement
22    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
23    in January, 2001, (ii) $35,000,000 in January, 2002, and
24    (iii) $35,000,000 in January, 2003.
25    (d) Expenditures from Income Tax Refund Fund.
26        (1) Beginning January 1, 1989, money in the Income Tax

 

 

10000SB0042ham001- 129 -LRB100 04925 JWD 27935 a

1    Refund Fund shall be expended exclusively for the purpose
2    of paying refunds resulting from overpayment of tax
3    liability under Section 201 of this Act, for paying rebates
4    under Section 208.1 in the event that the amounts in the
5    Homeowners' Tax Relief Fund are insufficient for that
6    purpose, and for making transfers pursuant to this
7    subsection (d).
8        (2) The Director shall order payment of refunds
9    resulting from overpayment of tax liability under Section
10    201 of this Act from the Income Tax Refund Fund only to the
11    extent that amounts collected pursuant to Section 201 of
12    this Act and transfers pursuant to this subsection (d) and
13    item (3) of subsection (c) have been deposited and retained
14    in the Fund.
15        (3) As soon as possible after the end of each fiscal
16    year, the Director shall order transferred and the State
17    Treasurer and State Comptroller shall transfer from the
18    Income Tax Refund Fund to the Personal Property Tax
19    Replacement Fund an amount, certified by the Director to
20    the Comptroller, equal to the excess of the amount
21    collected pursuant to subsections (c) and (d) of Section
22    201 of this Act deposited into the Income Tax Refund Fund
23    during the fiscal year over the amount of refunds resulting
24    from overpayment of tax liability under subsections (c) and
25    (d) of Section 201 of this Act paid from the Income Tax
26    Refund Fund during the fiscal year.

 

 

10000SB0042ham001- 130 -LRB100 04925 JWD 27935 a

1        (4) As soon as possible after the end of each fiscal
2    year, the Director shall order transferred and the State
3    Treasurer and State Comptroller shall transfer from the
4    Personal Property Tax Replacement Fund to the Income Tax
5    Refund Fund an amount, certified by the Director to the
6    Comptroller, equal to the excess of the amount of refunds
7    resulting from overpayment of tax liability under
8    subsections (c) and (d) of Section 201 of this Act paid
9    from the Income Tax Refund Fund during the fiscal year over
10    the amount collected pursuant to subsections (c) and (d) of
11    Section 201 of this Act deposited into the Income Tax
12    Refund Fund during the fiscal year.
13        (4.5) As soon as possible after the end of fiscal year
14    1999 and of each fiscal year thereafter, the Director shall
15    order transferred and the State Treasurer and State
16    Comptroller shall transfer from the Income Tax Refund Fund
17    to the General Revenue Fund any surplus remaining in the
18    Income Tax Refund Fund as of the end of such fiscal year;
19    excluding for fiscal years 2000, 2001, and 2002 amounts
20    attributable to transfers under item (3) of subsection (c)
21    less refunds resulting from the earned income tax credit.
22        (5) This Act shall constitute an irrevocable and
23    continuing appropriation from the Income Tax Refund Fund
24    for the purpose of paying refunds upon the order of the
25    Director in accordance with the provisions of this Section.
26    (e) Deposits into the Education Assistance Fund and the

 

 

10000SB0042ham001- 131 -LRB100 04925 JWD 27935 a

1Income Tax Surcharge Local Government Distributive Fund.
2    On July 1, 1991, and thereafter, of the amounts collected
3pursuant to subsections (a) and (b) of Section 201 of this Act,
4minus deposits into the Income Tax Refund Fund, the Department
5shall deposit 7.3% into the Education Assistance Fund in the
6State Treasury. Beginning July 1, 1991, and continuing through
7January 31, 1993, of the amounts collected pursuant to
8subsections (a) and (b) of Section 201 of the Illinois Income
9Tax Act, minus deposits into the Income Tax Refund Fund, the
10Department shall deposit 3.0% into the Income Tax Surcharge
11Local Government Distributive Fund in the State Treasury.
12Beginning February 1, 1993 and continuing through June 30,
131993, of the amounts collected pursuant to subsections (a) and
14(b) of Section 201 of the Illinois Income Tax Act, minus
15deposits into the Income Tax Refund Fund, the Department shall
16deposit 4.4% into the Income Tax Surcharge Local Government
17Distributive Fund in the State Treasury. Beginning July 1,
181993, and continuing through June 30, 1994, of the amounts
19collected under subsections (a) and (b) of Section 201 of this
20Act, minus deposits into the Income Tax Refund Fund, the
21Department shall deposit 1.475% into the Income Tax Surcharge
22Local Government Distributive Fund in the State Treasury.
23    (f) Deposits into the Fund for the Advancement of
24Education. Beginning February 1, 2015, the Department shall
25deposit the following portions of the revenue realized from the
26tax imposed upon individuals, trusts, and estates by

 

 

10000SB0042ham001- 132 -LRB100 04925 JWD 27935 a

1subsections (a) and (b) of Section 201 of this Act during the
2preceding month, minus deposits into the Income Tax Refund
3Fund, into the Fund for the Advancement of Education:
4        (1) beginning February 1, 2015, and prior to February
5    1, 2025, 1/30; and
6        (2) beginning February 1, 2025, 1/26.
7    If the rate of tax imposed by subsection (a) and (b) of
8Section 201 is reduced pursuant to Section 201.5 of this Act,
9the Department shall not make the deposits required by this
10subsection (f) on or after the effective date of the reduction.
11    (g) Deposits into the Commitment to Human Services Fund.
12Beginning February 1, 2015, the Department shall deposit the
13following portions of the revenue realized from the tax imposed
14upon individuals, trusts, and estates by subsections (a) and
15(b) of Section 201 of this Act during the preceding month,
16minus deposits into the Income Tax Refund Fund, into the
17Commitment to Human Services Fund:
18        (1) beginning February 1, 2015, and prior to February
19    1, 2025, 1/30; and
20        (2) beginning February 1, 2025, 1/26.
21    If the rate of tax imposed by subsection (a) and (b) of
22Section 201 is reduced pursuant to Section 201.5 of this Act,
23the Department shall not make the deposits required by this
24subsection (g) on or after the effective date of the reduction.
25    (h) Deposits into the Tax Compliance and Administration
26Fund. Beginning on the first day of the first calendar month to

 

 

10000SB0042ham001- 133 -LRB100 04925 JWD 27935 a

1occur on or after August 26, 2014 (the effective date of Public
2Act 98-1098), each month the Department shall pay into the Tax
3Compliance and Administration Fund, to be used, subject to
4appropriation, to fund additional auditors and compliance
5personnel at the Department, an amount equal to 1/12 of 5% of
6the cash receipts collected during the preceding fiscal year by
7the Audit Bureau of the Department from the tax imposed by
8subsections (a), (b), (c), and (d) of Section 201 of this Act,
9net of deposits into the Income Tax Refund Fund made from those
10cash receipts.
11(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
1298-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
137-20-15.)
 
14    Section 5-35. The Metropolitan Pier and Exposition
15Authority Act is amended by changing Sections 5, 13, and 13.2
16and by adding Section 13.3 as follows:
 
17    (70 ILCS 210/5)  (from Ch. 85, par. 1225)
18    Sec. 5. The Metropolitan Pier and Exposition Authority
19shall also have the following rights and powers:
20        (a) To accept from Chicago Park Fair, a corporation, an
21    assignment of whatever sums of money it may have received
22    from the Fair and Exposition Fund, allocated by the
23    Department of Agriculture of the State of Illinois, and
24    Chicago Park Fair is hereby authorized to assign, set over

 

 

10000SB0042ham001- 134 -LRB100 04925 JWD 27935 a

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

 

 

10000SB0042ham001- 135 -LRB100 04925 JWD 27935 a

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

 

 

10000SB0042ham001- 136 -LRB100 04925 JWD 27935 a

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

 

 

10000SB0042ham001- 137 -LRB100 04925 JWD 27935 a

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

 

 

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1    grounds, buildings, and facilities of the Authority for a
2    term of more than one year shall be entered into in
3    accordance with the procurement process provided for in
4    Section 25.1.
5        (i) To enter into agreements with any person with
6    respect to the operation and management of the grounds,
7    buildings, and facilities of the Authority or the provision
8    of goods and services on terms and conditions as the
9    Authority determines.
10        (j) After conducting the procurement process provided
11    for in Section 25.1, to enter into one or more contracts to
12    provide for the design and construction of all or part of
13    the Authority's Expansion Project grounds, buildings, and
14    facilities. Any contract for design and construction of the
15    Expansion Project shall be in the form authorized by
16    subsection (g), shall be for a fixed maximum price not in
17    excess of the funds that are authorized to be made
18    available for those purposes during the term of the
19    contract, and shall be entered into before commencement of
20    construction.
21        (k) To enter into agreements, including project
22    agreements with labor unions, that the Authority deems
23    necessary to complete the Expansion Project or any other
24    construction or improvement project in the most timely and
25    efficient manner and without strikes, picketing, or other
26    actions that might cause disruption or delay and thereby

 

 

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1    add to the cost of the project.
2        (l) To provide incentives to organizations and
3    entities that agree to make use of the grounds, buildings,
4    and facilities of the Authority for conventions, meetings,
5    or trade shows. The incentives may take the form of
6    discounts from regular fees charged by the Authority,
7    subsidies for or assumption of the costs incurred with
8    respect to the convention, meeting, or trade show, or other
9    inducements. The Authority shall award incentives to
10    attract large conventions, meetings, and trade shows to its
11    facilities under the terms set forth in this subsection (l)
12    from amounts appropriated to the Authority from the
13    Metropolitan Pier and Exposition Authority Incentive Fund
14    for this purpose.
15        No later than May 15 of each year, the Chief Executive
16    Officer of the Metropolitan Pier and Exposition Authority
17    shall certify to the State Comptroller and the State
18    Treasurer the amounts of incentive grant funds used during
19    the current fiscal year to provide incentives for
20    conventions, meetings, or trade shows that (i) have been
21    approved by the Authority, in consultation with an
22    organization meeting the qualifications set out in Section
23    5.6 of this Act, provided the Authority has entered into a
24    marketing agreement with such an organization, (ii)
25    demonstrate registered attendance in excess of 5,000
26    individuals or in excess of 10,000 individuals, as

 

 

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

 

 

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1    Metropolitan Pier and Exposition Authority Incentive Fund
2    from the General Revenue Fund the sum of $7,500,000 plus an
3    amount equal to the incentive grant funds certified by the
4    Chief Executive Officer as having been lawfully paid under
5    the provisions of this Section in the previous fiscal year
6    that have not otherwise been transferred into the
7    Metropolitan Pier and Exposition Authority Incentive Fund,
8    provided that transfers in excess of $15,000,000 shall not
9    be made in any fiscal year.
10        On July 15, 2014, and every year thereafter, the
11    Comptroller shall order transferred, and the Treasurer
12    shall transfer, into the Metropolitan Pier and Exposition
13    Authority Incentive Fund from the General Revenue Fund an
14    amount equal to the incentive grant funds certified by the
15    Chief Executive Officer as having been lawfully paid under
16    the provisions of this Section in the previous fiscal year
17    that have not otherwise been transferred into the
18    Metropolitan Pier and Exposition Authority Incentive Fund,
19    provided that (1) no transfers with respect to any previous
20    fiscal year shall be made after the transfer has been made
21    with respect to the 2017 fiscal year and (2) transfers in
22    excess of $15,000,000 shall not be made in any fiscal year.
23        After a transfer has been made under this subsection
24    (l), the Chief Executive Officer shall file a request for
25    payment with the Comptroller evidencing that the incentive
26    grants have been made and the Comptroller shall thereafter

 

 

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

 

 

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

 

 

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1    with respect to the grounds, buildings, and facilities of
2    the Authority.
3        (n) To enter into grant agreements with the Chicago
4    Convention and Tourism Bureau providing for the marketing
5    of the convention facilities to large and small
6    conventions, meetings, and trade shows and the promotion of
7    the travel industry in the City of Chicago, provided such
8    agreements meet the requirements of Section 5.6 of this
9    Act. Receipts of the Authority from the increase in the
10    airport departure tax authorized by Section 13(f) of this
11    amendatory Act of the 96th General Assembly and, subject to
12    appropriation to the Authority, funds deposited in the
13    Chicago Travel Industry Promotion Fund pursuant to Section
14    6 of the Hotel Operators' Occupation Tax Act shall be
15    granted to the Bureau for such purposes.
16    Nothing in this Act shall be construed to authorize the
17Authority to spend the proceeds of any bonds or notes issued
18under Section 13.2 or any taxes levied under Section 13 to
19construct a stadium to be leased to or used by professional
20sports teams.
21(Source: P.A. 97-617, eff. 10-26-11; 98-109, eff. 7-25-13.)
 
22    (70 ILCS 210/13)  (from Ch. 85, par. 1233)
23    Sec. 13. (a) The Authority shall not have power to levy
24taxes for any purpose, except as provided in subsections (b),
25(c), (d), (e), and (f).

 

 

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1    (b) By ordinance the Authority shall, as soon as
2practicable after the effective date of this amendatory Act of
31991, impose a Metropolitan Pier and Exposition Authority
4Retailers' Occupation Tax upon all persons engaged in the
5business of selling tangible personal property at retail within
6the territory described in this subsection at the rate of 1.0%
7of the gross receipts (i) from the sale of food, alcoholic
8beverages, and soft drinks sold for consumption on the premises
9where sold and (ii) from the sale of food, alcoholic beverages,
10and soft drinks sold for consumption off the premises where
11sold by a retailer whose principal source of gross receipts is
12from the sale of food, alcoholic beverages, and soft drinks
13prepared for immediate consumption.
14    The tax imposed under this subsection and all civil
15penalties that may be assessed as an incident to that tax shall
16be collected and enforced by the Illinois Department of
17Revenue. The Department shall have full power to administer and
18enforce this subsection, to collect all taxes and penalties so
19collected in the manner provided in this subsection, and to
20determine all rights to credit memoranda arising on account of
21the erroneous payment of tax or penalty under this subsection.
22In the administration of and compliance with this subsection,
23the Department and persons who are subject to this subsection
24shall have the same rights, remedies, privileges, immunities,
25powers, and duties, shall be subject to the same conditions,
26restrictions, limitations, penalties, exclusions, exemptions,

 

 

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1and definitions of terms, and shall employ the same modes of
2procedure applicable to this Retailers' Occupation Tax as are
3prescribed in Sections 1, 2 through 2-65 (in respect to all
4provisions of those Sections other than the State rate of
5taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
6and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
75j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January
81, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
9after January 1, 1994, all applicable provisions of the Uniform
10Penalty and Interest Act that are not inconsistent with this
11Act, as fully as if provisions contained in those Sections of
12the Retailers' Occupation Tax Act were set forth in this
13subsection.
14    Persons subject to any tax imposed under the authority
15granted in this subsection may reimburse themselves for their
16seller's tax liability under this subsection by separately
17stating that tax as an additional charge, which charge may be
18stated in combination, in a single amount, with State taxes
19that sellers are required to collect under the Use Tax Act,
20pursuant to bracket schedules as the Department may prescribe.
21The retailer filing the return shall, at the time of filing the
22return, pay to the Department the amount of tax imposed under
23this subsection, less a discount of 1.75%, which is allowed to
24reimburse the retailer for the expenses incurred in keeping
25records, preparing and filing returns, remitting the tax, and
26supplying data to the Department on request.

 

 

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1    Whenever the Department determines that a refund should be
2made under this subsection to a claimant instead of issuing a
3credit memorandum, the Department shall notify the State
4Comptroller, who shall cause a warrant to be drawn for the
5amount specified and to the person named in the notification
6from the Department. The refund shall be paid by the State
7Treasurer out of the Metropolitan Pier and Exposition Authority
8trust fund held by the State Treasurer as trustee for the
9Authority.
10    Nothing in this subsection authorizes the Authority to
11impose a tax upon the privilege of engaging in any business
12that under the Constitution of the United States may not be
13made the subject of taxation by this State.
14    The Department shall forthwith pay over to the State
15Treasurer, ex officio, as trustee for the Authority, all taxes
16and penalties collected under this subsection for deposit into
17a trust fund held outside of the State Treasury.
18    As soon as possible after the first day of each month,
19beginning January 1, 2011, upon certification of the Department
20of Revenue, the Comptroller shall order transferred, and the
21Treasurer shall transfer, to the STAR Bonds Revenue Fund the
22local sales tax increment, as defined in the Innovation
23Development and Economy Act, collected under this subsection
24during the second preceding calendar month for sales within a
25STAR bond district.
26    After the monthly transfer to the STAR Bonds Revenue Fund,

 

 

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1on or before the 25th day of each calendar month, the
2Department shall prepare and certify to the Comptroller the
3amounts to be paid under subsection (g) of this Section, which
4shall be the amounts, not including credit memoranda, collected
5under this subsection during the second preceding calendar
6month by the Department, less any amounts determined by the
7Department to be necessary for the payment of refunds, less 2%
8of such balance, which sum shall be deposited by the State
9Treasurer into the Tax Compliance and Administration Fund in
10the State Treasury from which it shall be appropriated to the
11Department to cover the costs of the Department in
12administering and enforcing the provisions of this subsection,
13and less any amounts that are transferred to the STAR Bonds
14Revenue Fund. Within 10 days after receipt by the Comptroller
15of the certification, the Comptroller shall cause the orders to
16be drawn for the remaining amounts, and the Treasurer shall
17administer those amounts as required in subsection (g).
18    A certificate of registration issued by the Illinois
19Department of Revenue to a retailer under the Retailers'
20Occupation Tax Act shall permit the registrant to engage in a
21business that is taxed under the tax imposed under this
22subsection, and no additional registration shall be required
23under the ordinance imposing the tax or under this subsection.
24    A certified copy of any ordinance imposing or discontinuing
25any tax under this subsection or effecting a change in the rate
26of that tax shall be filed with the Department, whereupon the

 

 

10000SB0042ham001- 149 -LRB100 04925 JWD 27935 a

1Department shall proceed to administer and enforce this
2subsection on behalf of the Authority as of the first day of
3the third calendar month following the date of filing.
4    The tax authorized to be levied under this subsection may
5be levied within all or any part of the following described
6portions of the metropolitan area:
7        (1) that portion of the City of Chicago located within
8    the following area: Beginning at the point of intersection
9    of the Cook County - DuPage County line and York Road, then
10    North along York Road to its intersection with Touhy
11    Avenue, then east along Touhy Avenue to its intersection
12    with the Northwest Tollway, then southeast along the
13    Northwest Tollway to its intersection with Lee Street, then
14    south along Lee Street to Higgins Road, then south and east
15    along Higgins Road to its intersection with Mannheim Road,
16    then south along Mannheim Road to its intersection with
17    Irving Park Road, then west along Irving Park Road to its
18    intersection with the Cook County - DuPage County line,
19    then north and west along the county line to the point of
20    beginning; and
21        (2) that portion of the City of Chicago located within
22    the following area: Beginning at the intersection of West
23    55th Street with Central Avenue, then east along West 55th
24    Street to its intersection with South Cicero Avenue, then
25    south along South Cicero Avenue to its intersection with
26    West 63rd Street, then west along West 63rd Street to its

 

 

10000SB0042ham001- 150 -LRB100 04925 JWD 27935 a

1    intersection with South Central Avenue, then north along
2    South Central Avenue to the point of beginning; and
3        (3) that portion of the City of Chicago located within
4    the following area: Beginning at the point 150 feet west of
5    the intersection of the west line of North Ashland Avenue
6    and the north line of West Diversey Avenue, then north 150
7    feet, then east along a line 150 feet north of the north
8    line of West Diversey Avenue extended to the shoreline of
9    Lake Michigan, then following the shoreline of Lake
10    Michigan (including Navy Pier and all other improvements
11    fixed to land, docks, or piers) to the point where the
12    shoreline of Lake Michigan and the Adlai E. Stevenson
13    Expressway extended east to that shoreline intersect, then
14    west along the Adlai E. Stevenson Expressway to a point 150
15    feet west of the west line of South Ashland Avenue, then
16    north along a line 150 feet west of the west line of South
17    and North Ashland Avenue to the point of beginning.
18    The tax authorized to be levied under this subsection may
19also be levied on food, alcoholic beverages, and soft drinks
20sold on boats and other watercraft departing from and returning
21to the shoreline of Lake Michigan (including Navy Pier and all
22other improvements fixed to land, docks, or piers) described in
23item (3).
24    (c) By ordinance the Authority shall, as soon as
25practicable after the effective date of this amendatory Act of
261991, impose an occupation tax upon all persons engaged in the

 

 

10000SB0042ham001- 151 -LRB100 04925 JWD 27935 a

1corporate limits of the City of Chicago in the business of
2renting, leasing, or letting rooms in a hotel, as defined in
3the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of
4the gross rental receipts from the renting, leasing, or letting
5of hotel rooms within the City of Chicago, excluding, however,
6from gross rental receipts the proceeds of renting, leasing, or
7letting to permanent residents of a hotel, as defined in that
8Act. Gross rental receipts shall not include charges that are
9added on account of the liability arising from any tax imposed
10by the State or any governmental agency on the occupation of
11renting, leasing, or letting rooms in a hotel.
12    The tax imposed by the Authority under this subsection and
13all civil penalties that may be assessed as an incident to that
14tax shall be collected and enforced by the Illinois Department
15of Revenue. The certificate of registration that is issued by
16the Department to a lessor under the Hotel Operators'
17Occupation Tax Act shall permit that registrant to engage in a
18business that is taxable under any ordinance enacted under this
19subsection without registering separately with the Department
20under that ordinance or under this subsection. The Department
21shall have full power to administer and enforce this
22subsection, to collect all taxes and penalties due under this
23subsection, to dispose of taxes and penalties so collected in
24the manner provided in this subsection, and to determine all
25rights to credit memoranda arising on account of the erroneous
26payment of tax or penalty under this subsection. In the

 

 

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1administration of and compliance with this subsection, the
2Department and persons who are subject to this subsection shall
3have the same rights, remedies, privileges, immunities,
4powers, and duties, shall be subject to the same conditions,
5restrictions, limitations, penalties, and definitions of
6terms, and shall employ the same modes of procedure as are
7prescribed in the Hotel Operators' Occupation Tax Act (except
8where that Act is inconsistent with this subsection), as fully
9as if the provisions contained in the Hotel Operators'
10Occupation Tax Act were set out in this subsection.
11    Whenever the Department determines that a refund should be
12made under this subsection to a claimant instead of issuing a
13credit memorandum, the Department shall notify the State
14Comptroller, who shall cause a warrant to be drawn for the
15amount specified and to the person named in the notification
16from the Department. The refund shall be paid by the State
17Treasurer out of the Metropolitan Pier and Exposition Authority
18trust fund held by the State Treasurer as trustee for the
19Authority.
20    Persons subject to any tax imposed under the authority
21granted in this subsection may reimburse themselves for their
22tax liability for that tax by separately stating that tax as an
23additional charge, which charge may be stated in combination,
24in a single amount, with State taxes imposed under the Hotel
25Operators' Occupation Tax Act, the municipal tax imposed under
26Section 8-3-13 of the Illinois Municipal Code, and the tax

 

 

10000SB0042ham001- 153 -LRB100 04925 JWD 27935 a

1imposed under Section 19 of the Illinois Sports Facilities
2Authority Act.
3    The person filing the return shall, at the time of filing
4the return, pay to the Department the amount of tax, less a
5discount of 2.1% or $25 per calendar year, whichever is
6greater, which is allowed to reimburse the operator for the
7expenses incurred in keeping records, preparing and filing
8returns, remitting the tax, and supplying data to the
9Department on request.
10    The Department shall forthwith pay over to the State
11Treasurer, ex officio, as trustee for the Authority, all taxes
12and penalties collected under this subsection for deposit into
13a trust fund held outside the State Treasury. On or before the
1425th day of each calendar month, the Department shall certify
15to the Comptroller the amounts to be paid under subsection (g)
16of this Section, which shall be the amounts (not including
17credit memoranda) collected under this subsection during the
18second preceding calendar month by the Department, less any
19amounts determined by the Department to be necessary for
20payment of refunds. Within 10 days after receipt by the
21Comptroller of the Department's certification, the Comptroller
22shall cause the orders to be drawn for such amounts, and the
23Treasurer shall administer those amounts as required in
24subsection (g).
25    A certified copy of any ordinance imposing or discontinuing
26a tax under this subsection or effecting a change in the rate

 

 

10000SB0042ham001- 154 -LRB100 04925 JWD 27935 a

1of that tax shall be filed with the Illinois Department of
2Revenue, whereupon the Department shall proceed to administer
3and enforce this subsection on behalf of the Authority as of
4the first day of the third calendar month following the date of
5filing.
6    (d) By ordinance the Authority shall, as soon as
7practicable after the effective date of this amendatory Act of
81991, impose a tax upon all persons engaged in the business of
9renting automobiles in the metropolitan area at the rate of 6%
10of the gross receipts from that business, except that no tax
11shall be imposed on the business of renting automobiles for use
12as taxicabs or in livery service. The tax imposed under this
13subsection and all civil penalties that may be assessed as an
14incident to that tax shall be collected and enforced by the
15Illinois Department of Revenue. The certificate of
16registration issued by the Department to a retailer under the
17Retailers' Occupation Tax Act or under the Automobile Renting
18Occupation and Use Tax Act shall permit that person to engage
19in a business that is taxable under any ordinance enacted under
20this subsection without registering separately with the
21Department under that ordinance or under this subsection. The
22Department shall have full power to administer and enforce this
23subsection, to collect all taxes and penalties due under this
24subsection, to dispose of taxes and penalties so collected in
25the manner provided in this subsection, and to determine all
26rights to credit memoranda arising on account of the erroneous

 

 

10000SB0042ham001- 155 -LRB100 04925 JWD 27935 a

1payment of tax or penalty under this subsection. In the
2administration of and compliance with this subsection, the
3Department and persons who are subject to this subsection shall
4have the same rights, remedies, privileges, immunities,
5powers, and duties, be subject to the same conditions,
6restrictions, limitations, penalties, and definitions of
7terms, and employ the same modes of procedure as are prescribed
8in Sections 2 and 3 (in respect to all provisions of those
9Sections other than the State rate of tax; and in respect to
10the provisions of the Retailers' Occupation Tax Act referred to
11in those Sections, except as to the disposition of taxes and
12penalties collected, except for the provision allowing
13retailers a deduction from the tax to cover certain costs, and
14except that credit memoranda issued under this subsection may
15not be used to discharge any State tax liability) of the
16Automobile Renting Occupation and Use Tax Act, as fully as if
17provisions contained in those Sections of that Act were set
18forth in this subsection.
19    Persons subject to any tax imposed under the authority
20granted in this subsection may reimburse themselves for their
21tax liability under this subsection by separately stating that
22tax as an additional charge, which charge may be stated in
23combination, in a single amount, with State tax that sellers
24are required to collect under the Automobile Renting Occupation
25and Use Tax Act, pursuant to bracket schedules as the
26Department may prescribe.

 

 

10000SB0042ham001- 156 -LRB100 04925 JWD 27935 a

1    Whenever the Department determines that a refund should be
2made under this subsection to a claimant instead of issuing a
3credit memorandum, the Department shall notify the State
4Comptroller, who shall cause a warrant to be drawn for the
5amount specified and to the person named in the notification
6from the Department. The refund shall be paid by the State
7Treasurer out of the Metropolitan Pier and Exposition Authority
8trust fund held by the State Treasurer as trustee for the
9Authority.
10    The Department shall forthwith pay over to the State
11Treasurer, ex officio, as trustee, all taxes and penalties
12collected under this subsection for deposit into a trust fund
13held outside the State Treasury. On or before the 25th day of
14each calendar month, the Department shall certify to the
15Comptroller the amounts to be paid under subsection (g) of this
16Section (not including credit memoranda) collected under this
17subsection during the second preceding calendar month by the
18Department, less any amount determined by the Department to be
19necessary for payment of refunds. Within 10 days after receipt
20by the Comptroller of the Department's certification, the
21Comptroller shall cause the orders to be drawn for such
22amounts, and the Treasurer shall administer those amounts as
23required in subsection (g).
24    Nothing in this subsection authorizes the Authority to
25impose a tax upon the privilege of engaging in any business
26that under the Constitution of the United States may not be

 

 

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1made the subject of taxation by this State.
2    A certified copy of any ordinance imposing or discontinuing
3a tax under this subsection or effecting a change in the rate
4of that tax shall be filed with the Illinois Department of
5Revenue, whereupon the Department shall proceed to administer
6and enforce this subsection on behalf of the Authority as of
7the first day of the third calendar month following the date of
8filing.
9    (e) By ordinance the Authority shall, as soon as
10practicable after the effective date of this amendatory Act of
111991, impose a tax upon the privilege of using in the
12metropolitan area an automobile that is rented from a rentor
13outside Illinois and is titled or registered with an agency of
14this State's government at a rate of 6% of the rental price of
15that automobile, except that no tax shall be imposed on the
16privilege of using automobiles rented for use as taxicabs or in
17livery service. The tax shall be collected from persons whose
18Illinois address for titling or registration purposes is given
19as being in the metropolitan area. The tax shall be collected
20by the Department of Revenue for the Authority. The tax must be
21paid to the State or an exemption determination must be
22obtained from the Department of Revenue before the title or
23certificate of registration for the property may be issued. The
24tax or proof of exemption may be transmitted to the Department
25by way of the State agency with which or State officer with
26whom the tangible personal property must be titled or

 

 

10000SB0042ham001- 158 -LRB100 04925 JWD 27935 a

1registered if the Department and that agency or State officer
2determine that this procedure will expedite the processing of
3applications for title or registration.
4    The Department shall have full power to administer and
5enforce this subsection, to collect all taxes, penalties, and
6interest due under this subsection, to dispose of taxes,
7penalties, and interest so collected in the manner provided in
8this subsection, and to determine all rights to credit
9memoranda or refunds arising on account of the erroneous
10payment of tax, penalty, or interest under this subsection. In
11the administration of and compliance with this subsection, the
12Department and persons who are subject to this subsection shall
13have the same rights, remedies, privileges, immunities,
14powers, and duties, be subject to the same conditions,
15restrictions, limitations, penalties, and definitions of
16terms, and employ the same modes of procedure as are prescribed
17in Sections 2 and 4 (except provisions pertaining to the State
18rate of tax; and in respect to the provisions of the Use Tax
19Act referred to in that Section, except provisions concerning
20collection or refunding of the tax by retailers, except the
21provisions of Section 19 pertaining to claims by retailers,
22except the last paragraph concerning refunds, and except that
23credit memoranda issued under this subsection may not be used
24to discharge any State tax liability) of the Automobile Renting
25Occupation and Use Tax Act, as fully as if provisions contained
26in those Sections of that Act were set forth in this

 

 

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1subsection.
2    Whenever the Department determines that a refund should be
3made under this subsection to a claimant instead of issuing a
4credit memorandum, the Department shall notify the State
5Comptroller, who shall cause a warrant to be drawn for the
6amount specified and to the person named in the notification
7from the Department. The refund shall be paid by the State
8Treasurer out of the Metropolitan Pier and Exposition Authority
9trust fund held by the State Treasurer as trustee for the
10Authority.
11    The Department shall forthwith pay over to the State
12Treasurer, ex officio, as trustee, all taxes, penalties, and
13interest collected under this subsection for deposit into a
14trust fund held outside the State Treasury. On or before the
1525th day of each calendar month, the Department shall certify
16to the State Comptroller the amounts to be paid under
17subsection (g) of this Section, which shall be the amounts (not
18including credit memoranda) collected under this subsection
19during the second preceding calendar month by the Department,
20less any amounts determined by the Department to be necessary
21for payment of refunds. Within 10 days after receipt by the
22State Comptroller of the Department's certification, the
23Comptroller shall cause the orders to be drawn for such
24amounts, and the Treasurer shall administer those amounts as
25required in subsection (g).
26    A certified copy of any ordinance imposing or discontinuing

 

 

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1a tax or effecting a change in the rate of that tax shall be
2filed with the Illinois Department of Revenue, whereupon the
3Department shall proceed to administer and enforce this
4subsection on behalf of the Authority as of the first day of
5the third calendar month following the date of filing.
6    (f) By ordinance the Authority shall, as soon as
7practicable after the effective date of this amendatory Act of
81991, impose an occupation tax on all persons, other than a
9governmental agency, engaged in the business of providing
10ground transportation for hire to passengers in the
11metropolitan area at a rate of (i) $4 per taxi or livery
12vehicle departure with passengers for hire from commercial
13service airports in the metropolitan area, (ii) for each
14departure with passengers for hire from a commercial service
15airport in the metropolitan area in a bus or van operated by a
16person other than a person described in item (iii): $18 per bus
17or van with a capacity of 1-12 passengers, $36 per bus or van
18with a capacity of 13-24 passengers, and $54 per bus or van
19with a capacity of over 24 passengers, and (iii) for each
20departure with passengers for hire from a commercial service
21airport in the metropolitan area in a bus or van operated by a
22person regulated by the Interstate Commerce Commission or
23Illinois Commerce Commission, operating scheduled service from
24the airport, and charging fares on a per passenger basis: $2
25per passenger for hire in each bus or van. The term "commercial
26service airports" means those airports receiving scheduled

 

 

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1passenger service and enplaning more than 100,000 passengers
2per year.
3    In the ordinance imposing the tax, the Authority may
4provide for the administration and enforcement of the tax and
5the collection of the tax from persons subject to the tax as
6the Authority determines to be necessary or practicable for the
7effective administration of the tax. The Authority may enter
8into agreements as it deems appropriate with any governmental
9agency providing for that agency to act as the Authority's
10agent to collect the tax.
11    In the ordinance imposing the tax, the Authority may
12designate a method or methods for persons subject to the tax to
13reimburse themselves for the tax liability arising under the
14ordinance (i) by separately stating the full amount of the tax
15liability as an additional charge to passengers departing the
16airports, (ii) by separately stating one-half of the tax
17liability as an additional charge to both passengers departing
18from and to passengers arriving at the airports, or (iii) by
19some other method determined by the Authority.
20    All taxes, penalties, and interest collected under any
21ordinance adopted under this subsection, less any amounts
22determined to be necessary for the payment of refunds and less
23the taxes, penalties, and interest attributable to any increase
24in the rate of tax authorized by Public Act 96-898, shall be
25paid forthwith to the State Treasurer, ex officio, for deposit
26into a trust fund held outside the State Treasury and shall be

 

 

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1administered by the State Treasurer as provided in subsection
2(g) of this Section. All taxes, penalties, and interest
3attributable to any increase in the rate of tax authorized by
4Public Act 96-898 shall be paid by the State Treasurer as
5follows: 25% for deposit into the Convention Center Support
6Fund, to be used by the Village of Rosemont for the repair,
7maintenance, and improvement of the Donald E. Stephens
8Convention Center and for debt service on debt instruments
9issued for those purposes by the village and 75% to the
10Authority to be used for grants to an organization meeting the
11qualifications set out in Section 5.6 of this Act, provided the
12Metropolitan Pier and Exposition Authority has entered into a
13marketing agreement with such an organization.
14    (g) Amounts deposited from the proceeds of taxes imposed by
15the Authority under subsections (b), (c), (d), (e), and (f) of
16this Section and amounts deposited under Section 19 of the
17Illinois Sports Facilities Authority Act shall be held in a
18trust fund outside the State Treasury and shall be administered
19by the Treasurer as follows:
20        (1) An amount necessary for the payment of refunds with
21    respect to those taxes shall be retained in the trust fund
22    and used for those payments.
23        (2) On July 20 and on the 20th of each month
24    thereafter, provided that the amount requested in the
25    annual certificate of the Chairman of the Authority filed
26    under Section 8.25f of the State Finance Act has been

 

 

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

 

 

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1        (3) On July 20, 2010, the Comptroller shall certify to
2    the Governor, the Treasurer, and the Chairman of the
3    Authority the 2010 deficiency amount, which means the
4    cumulative amount of transfers that were due from the trust
5    fund to the McCormick Place Expansion Project Fund in
6    fiscal years 2008, 2009, and 2010 under Section 13(g) of
7    this Act, as it existed prior to May 27, 2010 (the
8    effective date of Public Act 96-898), but not made. On July
9    20, 2011 and on July 20 of each year through July 20, 2014,
10    the Treasurer shall calculate for the previous fiscal year
11    the surplus revenues in the trust fund and pay that amount
12    to the Authority. On July 20, 2015 and on July 20 of each
13    year thereafter to and including July 20, 2017, as long as
14    bonds and notes issued under Section 13.2 or bonds and
15    notes issued to refund those bonds and notes are
16    outstanding, the Treasurer shall calculate for the
17    previous fiscal year the surplus revenues in the trust fund
18    and pay one-half of that amount to the State Treasurer for
19    deposit into the General Revenue Fund until the 2010
20    deficiency amount has been paid and shall pay the balance
21    of the surplus revenues to the Authority. On July 20, 2018
22    and on July 20 of each year thereafter, the Treasurer shall
23    calculate for the previous fiscal year the surplus revenues
24    in the trust fund and pay all of such surplus revenues to
25    the State Treasurer for deposit into the General Revenue
26    Fund until the 2010 deficiency amount has been paid. After

 

 

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1    the 2010 deficiency amount has been paid, the Treasurer
2    shall pay the balance of the surplus revenues to the
3    Authority. "Surplus revenues" means the amounts remaining
4    in the trust fund on June 30 of the previous fiscal year
5    (A) after the State Treasurer has set aside in the trust
6    fund (i) amounts retained for refunds under subparagraph
7    (1) and (ii) any amounts necessary to meet the reserve
8    account amount and (B) after the State Treasurer has
9    transferred from the trust fund to the General Revenue Fund
10    100% of any post-2010 deficiency amount. "Reserve account
11    amount" means $15 million in fiscal year 2011 and $30
12    million in each fiscal year thereafter. The reserve account
13    amount shall be set aside in the trust fund and used as a
14    reserve to be transferred to the McCormick Place Expansion
15    Project Fund in the event the proceeds of taxes imposed
16    under this Section 13 are not sufficient to fund the
17    transfer required in subparagraph (2). "Post-2010
18    deficiency amount" means any deficiency in transfers from
19    the trust fund to the McCormick Place Expansion Project
20    Fund with respect to fiscal years 2011 and thereafter. It
21    is the intention of this subparagraph (3) that no surplus
22    revenues shall be paid to the Authority with respect to any
23    year in which a post-2010 deficiency amount has not been
24    satisfied by the Authority.
25    Moneys received by the Authority as surplus revenues may be
26used (i) for the purposes of paying debt service on the bonds

 

 

10000SB0042ham001- 166 -LRB100 04925 JWD 27935 a

1and notes issued by the Authority, including early redemption
2of those bonds or notes, (ii) for the purposes of repair,
3replacement, and improvement of the grounds, buildings, and
4facilities of the Authority, and (iii) for the corporate
5purposes of the Authority in fiscal years 2011 through 2015 in
6an amount not to exceed $20,000,000 annually or $80,000,000
7total, which amount shall be reduced $0.75 for each dollar of
8the receipts of the Authority in that year from any contract
9entered into with respect to naming rights at McCormick Place
10under Section 5(m) of this Act. When bonds and notes issued
11under Section 13.2, or bonds or notes issued to refund those
12bonds and notes, are no longer outstanding, the balance in the
13trust fund shall be paid to the Authority.
14    (h) The ordinances imposing the taxes authorized by this
15Section shall be repealed when bonds and notes issued under
16Section 13.2 or bonds and notes issued to refund those bonds
17and notes are no longer outstanding.
18(Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)
 
19    (70 ILCS 210/13.2)  (from Ch. 85, par. 1233.2)
20    Sec. 13.2. The McCormick Place Expansion Project Fund is
21created in the State Treasury. All moneys in the McCormick
22Place Expansion Project Fund are allocated to and shall be
23appropriated and used only for the purposes authorized by and
24subject to the limitations and conditions of this Section.
25Those amounts may be appropriated by law to the Authority for

 

 

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

 

 

10000SB0042ham001- 168 -LRB100 04925 JWD 27935 a

1aggregate original principal amount of bonds authorized in this
2Section has been issued, the payment of any principal amount of
3such bonds does not authorize the issuance of additional bonds
4(except refunding bonds). Any bonds and notes issued under this
5Section in any year in which there is an outstanding "post-2010
6deficiency amount" as that term is defined in Section 13 (g)(3)
7of this Act shall provide for the payment to the State
8Treasurer of the amount of that deficiency. Proceeds from the
9sale of bonds issued pursuant to the increased debt
10authorization provided by this amendatory Act of the 100th
11General Assembly may be used for the payment to the State
12Treasurer of any unpaid amounts described in paragraph (3) of
13subsection (g) of Section 13 of this Act as part of the "2010
14deficiency amount" or the "Post-2010 deficiency amount".
15    On the first day of each month commencing after July 1,
161993, amounts, if any, on deposit in the McCormick Place
17Expansion Project Fund shall, subject to appropriation, be paid
18in full to the Authority or, upon its direction, to the trustee
19or trustees for bondholders of bonds that by their terms are
20payable from the moneys received from the McCormick Place
21Expansion Project Fund, until an amount equal to 100% of the
22aggregate amount of the principal and interest in the fiscal
23year, including that pursuant to sinking fund requirements, has
24been so paid and deficiencies in reserves shall have been
25remedied.
26    The State of Illinois pledges to and agrees with the

 

 

10000SB0042ham001- 169 -LRB100 04925 JWD 27935 a

1holders of the bonds of the Metropolitan Pier and Exposition
2Authority issued under this Section that the State will not
3limit or alter the rights and powers vested in the Authority by
4this Act so as to impair the terms of any contract made by the
5Authority with those holders or in any way impair the rights
6and remedies of those holders until the bonds, together with
7interest thereon, interest on any unpaid installments of
8interest, and all costs and expenses in connection with any
9action or proceedings by or on behalf of those holders are
10fully met and discharged; provided that any increase in the Tax
11Act Amounts specified in Section 3 of the Retailers' Occupation
12Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service
13Use Tax Act, and Section 9 of the Service Occupation Tax Act
14required to be deposited into the Build Illinois Bond Account
15in the Build Illinois Fund pursuant to any law hereafter
16enacted shall not be deemed to impair the rights of such
17holders so long as the increase does not result in the
18aggregate debt service payable in the current or any future
19fiscal year of the State on all bonds issued pursuant to the
20Build Illinois Bond Act and the Metropolitan Pier and
21Exposition Authority Act and payable from tax revenues
22specified in Section 3 of the Retailers' Occupation Tax Act,
23Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
24Act, and Section 9 of the Service Occupation Tax Act exceeding
2533 1/3% of such tax revenues for the most recently completed
26fiscal year of the State at the time of such increase. In

 

 

10000SB0042ham001- 170 -LRB100 04925 JWD 27935 a

1addition, the State pledges to and agrees with the holders of
2the bonds of the Authority issued under this Section that the
3State will not limit or alter the basis on which State funds
4are to be paid to the Authority as provided in this Act or the
5use of those funds so as to impair the terms of any such
6contract; provided that any increase in the Tax Act Amounts
7specified in Section 3 of the Retailers' Occupation Tax Act,
8Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
9Act, and Section 9 of the Service Occupation Tax Act required
10to be deposited into the Build Illinois Bond Account in the
11Build Illinois Fund pursuant to any law hereafter enacted shall
12not be deemed to impair the terms of any such contract so long
13as the increase does not result in the aggregate debt service
14payable in the current or any future fiscal year of the State
15on all bonds issued pursuant to the Build Illinois Bond Act and
16the Metropolitan Pier and Exposition Authority Act and payable
17from tax revenues specified in Section 3 of the Retailers'
18Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
19the Service Use Tax Act, and Section 9 of the Service
20Occupation Tax Act exceeding 33 1/3% of such tax revenues for
21the most recently completed fiscal year of the State at the
22time of such increase. The Authority is authorized to include
23these pledges and agreements with the State in any contract
24with the holders of bonds issued under this Section.
25    The State shall not be liable on bonds of the Authority
26issued under this Section those bonds shall not be a debt of

 

 

10000SB0042ham001- 171 -LRB100 04925 JWD 27935 a

1the State, and this Act shall not be construed as a guarantee
2by the State of the debts of the Authority. The bonds shall
3contain a statement to this effect on the face of the bonds.
4(Source: P.A. 98-109, eff. 7-25-13.)
 
5    (70 ILCS 210/13.3 new)
6    Sec. 13.3. MPEA Reserve Fund. There is hereby created the
7MPEA Reserve Fund in the State Treasury. If any amount of the
82010 deficiency amount is paid to the State Treasurer pursuant
9to paragraph (3) of subsection (g) of Section 13 or Section
1013.2 on any date after the effective date of this amendatory
11Act of the 100th General Assembly, the Comptroller shall order
12transferred, and the Treasurer shall transfer an equal amount
13from the General Revenue Fund into the MPEA Reserve Fund.
14Amounts in the MPEA Reserve Fund shall be administered by the
15Treasurer as follows:
16        (a) On July 1 of each fiscal year, the State Treasurer
17    shall transfer from the MPEA Reserve Fund to the General
18    Revenue Fund an amount equal to 100% of any post-2010
19    deficiency amount.
20        (b) Notwithstanding subsection (a) of this Section,
21    any amounts in the MPEA Reserve Fund may be appropriated by
22    law for any other authorized purpose.
23        (c) All amounts in the MPEA Reserve Fund shall be
24    deposited into the General Revenue Fund when bonds and
25    notes issued under Section 13.2, including bonds and notes

 

 

10000SB0042ham001- 172 -LRB100 04925 JWD 27935 a

1    issued to refund those bonds and notes, are no longer
2    outstanding.
 
3    Section 5-36. The Downstate Public Transportation Act is
4amended by changing Section 2-3 as follows:
 
5    (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)
6    Sec. 2-3. (a) As soon as possible after the first day of
7each month, beginning July 1, 1984, upon certification of the
8Department of Revenue, the Comptroller shall order
9transferred, and the Treasurer shall transfer, from the General
10Revenue Fund to a special fund in the State Treasury which is
11hereby created, to be known as the "Downstate Public
12Transportation Fund", an amount equal to 2/32 (beginning July
131, 2005, 3/32) of the net revenue realized from the "Retailers'
14Occupation Tax Act", as now or hereafter amended, the "Service
15Occupation Tax Act", as now or hereafter amended, the "Use Tax
16Act", as now or hereafter amended, and the "Service Use Tax
17Act", as now or hereafter amended, from persons incurring
18municipal or county retailers' or service occupation tax
19liability for the benefit of any municipality or county located
20wholly within the boundaries of each participant other than any
21Metro-East Transit District participant certified pursuant to
22subsection (c) of this Section during the preceding month,
23except that the Department shall pay into the Downstate Public
24Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%

 

 

10000SB0042ham001- 173 -LRB100 04925 JWD 27935 a

1of the net revenue realized under the State tax Acts named
2above within any municipality or county located wholly within
3the boundaries of each participant, other than any Metro-East
4participant, for tax periods beginning on or after January 1,
51990. Net revenue realized for a month shall be the revenue
6collected by the State pursuant to such Acts during the
7previous month from persons incurring municipal or county
8retailers' or service occupation tax liability for the benefit
9of any municipality or county located wholly within the
10boundaries of a participant, less the amount paid out during
11that same month as refunds or credit memoranda to taxpayers for
12overpayment of liability under such Acts for the benefit of any
13municipality or county located wholly within the boundaries of
14a participant.
15    Notwithstanding any provision of law to the contrary,
16beginning on the effective date of this amendatory Act of the
17100th General Assembly, those amounts required under this
18subsection (a) to be transferred by the Treasurer into the
19Downstate Public Transportation Fund from the General Revenue
20Fund shall be directly deposited into the Downstate Public
21Transportation Fund as the revenues are realized from the taxes
22indicated.
23    (b) As soon as possible after the first day of each month,
24beginning July 1, 1989, upon certification of the Department of
25Revenue, the Comptroller shall order transferred, and the
26Treasurer shall transfer, from the General Revenue Fund to a

 

 

10000SB0042ham001- 174 -LRB100 04925 JWD 27935 a

1special fund in the State Treasury which is hereby created, to
2be known as the "Metro-East Public Transportation Fund", an
3amount equal to 2/32 of the net revenue realized, as above,
4from within the boundaries of Madison, Monroe, and St. Clair
5Counties, except that the Department shall pay into the
6Metro-East Public Transportation Fund 2/32 of 80% of the net
7revenue realized under the State tax Acts specified in
8subsection (a) of this Section within the boundaries of
9Madison, Monroe and St. Clair Counties for tax periods
10beginning on or after January 1, 1990. A local match equivalent
11to an amount which could be raised by a tax levy at the rate of
12.05% on the assessed value of property within the boundaries of
13Madison County is required annually to cause a total of 2/32 of
14the net revenue to be deposited in the Metro-East Public
15Transportation Fund. Failure to raise the required local match
16annually shall result in only 1/32 being deposited into the
17Metro-East Public Transportation Fund after July 1, 1989, or
181/32 of 80% of the net revenue realized for tax periods
19beginning on or after January 1, 1990.
20    (b-5) As soon as possible after the first day of each
21month, beginning July 1, 2005, upon certification of the
22Department of Revenue, the Comptroller shall order
23transferred, and the Treasurer shall transfer, from the General
24Revenue Fund to the Downstate Public Transportation Fund, an
25amount equal to 3/32 of 80% of the net revenue realized from
26within the boundaries of Monroe and St. Clair Counties under

 

 

10000SB0042ham001- 175 -LRB100 04925 JWD 27935 a

1the State Tax Acts specified in subsection (a) of this Section
2and provided further that, beginning July 1, 2005, the
3provisions of subsection (b) shall no longer apply with respect
4to such tax receipts from Monroe and St. Clair Counties.
5    Notwithstanding any provision of law to the contrary,
6beginning on the effective date of this amendatory Act of the
7100th General Assembly, those amounts required under this
8subsection (b-5) to be transferred by the Treasurer into the
9Downstate Public Transportation Fund from the General Revenue
10Fund shall be directly deposited into the Downstate Public
11Transportation Fund as the revenues are realized from the taxes
12indicated.
13    (b-6) As soon as possible after the first day of each
14month, beginning July 1, 2008, upon certification by the
15Department of Revenue, the Comptroller shall order transferred
16and the Treasurer shall transfer, from the General Revenue Fund
17to the Downstate Public Transportation Fund, an amount equal to
183/32 of 80% of the net revenue realized from within the
19boundaries of Madison County under the State Tax Acts specified
20in subsection (a) of this Section and provided further that,
21beginning July 1, 2008, the provisions of subsection (b) shall
22no longer apply with respect to such tax receipts from Madison
23County.
24    Notwithstanding any provision of law to the contrary,
25beginning on the effective date of this amendatory Act of the
26100th General Assembly, those amounts required under this

 

 

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1subsection (b-6) to be transferred by the Treasurer into the
2Downstate Public Transportation Fund from the General Revenue
3Fund shall be directly deposited into the Downstate Public
4Transportation Fund as the revenues are realized from the taxes
5indicated.
6    (c) The Department shall certify to the Department of
7Revenue the eligible participants under this Article and the
8territorial boundaries of such participants for the purposes of
9the Department of Revenue in subsections (a) and (b) of this
10Section.
11    (d) For the purposes of this Article, beginning in fiscal
12year 2009 the General Assembly shall appropriate an amount from
13the Downstate Public Transportation Fund equal to the sum total
14funds projected to be paid to the participants pursuant to
15Section 2-7. If the General Assembly fails to make
16appropriations sufficient to cover the amounts projected to be
17paid pursuant to Section 2-7, this Act shall constitute an
18irrevocable and continuing appropriation from the Downstate
19Public Transportation Fund of all amounts necessary for those
20purposes.
21    (e) Notwithstanding anything in this Section to the
22contrary, amounts transferred from the General Revenue Fund to
23the Downstate Public Transportation Fund pursuant to this
24Section shall not exceed $169,000,000 in State fiscal year
252012.
26    (f) For State fiscal year 2018 only, notwithstanding any

 

 

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1provision of law to the contrary, the total amount of revenue
2and deposits under this Section attributable to revenues
3realized during State fiscal year 2018 shall be reduced by 10%.
4(Source: P.A. 97-641, eff. 12-19-11.)
 
5    Section 5-37. The Regional Transportation Authority Act is
6amended by changing Section 4.09 as follows:
 
7    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
8    Sec. 4.09. Public Transportation Fund and the Regional
9Transportation Authority Occupation and Use Tax Replacement
10Fund.
11    (a)(1) Except as otherwise provided in paragraph (4), as As
12soon as possible after the first day of each month, beginning
13July 1, 1984, upon certification of the Department of Revenue,
14the Comptroller shall order transferred and the Treasurer shall
15transfer from the General Revenue Fund to a special fund in the
16State Treasury to be known as the Public Transportation Fund an
17amount equal to 25% of the net revenue, before the deduction of
18the serviceman and retailer discounts pursuant to Section 9 of
19the Service Occupation Tax Act and Section 3 of the Retailers'
20Occupation Tax Act, realized from any tax imposed by the
21Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
22amounts deposited into the Regional Transportation Authority
23tax fund created by Section 4.03 of this Act, from the County
24and Mass Transit District Fund as provided in Section 6z-20 of

 

 

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1the State Finance Act and 25% of the amounts deposited into the
2Regional Transportation Authority Occupation and Use Tax
3Replacement Fund from the State and Local Sales Tax Reform Fund
4as provided in Section 6z-17 of the State Finance Act. On the
5first day of the month following the date that the Department
6receives revenues from increased taxes under Section 4.03(m) as
7authorized by this amendatory Act of the 95th General Assembly,
8in lieu of the transfers authorized in the preceding sentence,
9upon certification of the Department of Revenue, the
10Comptroller shall order transferred and the Treasurer shall
11transfer from the General Revenue Fund to the Public
12Transportation Fund an amount equal to 25% of the net revenue,
13before the deduction of the serviceman and retailer discounts
14pursuant to Section 9 of the Service Occupation Tax Act and
15Section 3 of the Retailers' Occupation Tax Act, realized from
16(i) 80% of the proceeds of any tax imposed by the Authority at
17a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any
18tax imposed by the Authority at the rate of 1% in Cook County,
19and (iii) one-third of the proceeds of any tax imposed by the
20Authority at the rate of 0.75% in the Counties of DuPage, Kane,
21Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
22of the net revenue realized from any tax imposed by the
23Authority pursuant to Section 4.03.1, and 25% of the amounts
24deposited into the Regional Transportation Authority tax fund
25created by Section 4.03 of this Act from the County and Mass
26Transit District Fund as provided in Section 6z-20 of the State

 

 

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1Finance Act, and 25% of the amounts deposited into the Regional
2Transportation Authority Occupation and Use Tax Replacement
3Fund from the State and Local Sales Tax Reform Fund as provided
4in Section 6z-17 of the State Finance Act. As used in this
5Section, net revenue realized for a month shall be the revenue
6collected by the State pursuant to Sections 4.03 and 4.03.1
7during the previous month from within the metropolitan region,
8less the amount paid out during that same month as refunds to
9taxpayers for overpayment of liability in the metropolitan
10region under Sections 4.03 and 4.03.1.
11    Notwithstanding any provision of law to the contrary,
12beginning on the effective date of this amendatory Act of the
13100th General Assembly, those amounts required under this
14paragraph (1) of subsection (a) to be transferred by the
15Treasurer into the Public Transportation Fund from the General
16Revenue Fund shall be directly deposited into the Public
17Transportation Fund as the revenues are realized from the taxes
18indicated.
19    (2) Except as otherwise provided in paragraph (4), on On
20the first day of the month following the effective date of this
21amendatory Act of the 95th General Assembly and each month
22thereafter, upon certification by the Department of Revenue,
23the Comptroller shall order transferred and the Treasurer shall
24transfer from the General Revenue Fund to the Public
25Transportation Fund an amount equal to 5% of the net revenue,
26before the deduction of the serviceman and retailer discounts

 

 

10000SB0042ham001- 180 -LRB100 04925 JWD 27935 a

1pursuant to Section 9 of the Service Occupation Tax Act and
2Section 3 of the Retailers' Occupation Tax Act, realized from
3any tax imposed by the Authority pursuant to Sections 4.03 and
44.03.1 and certified by the Department of Revenue under Section
54.03(n) of this Act to be paid to the Authority and 5% of the
6amounts deposited into the Regional Transportation Authority
7tax fund created by Section 4.03 of this Act from the County
8and Mass Transit District Fund as provided in Section 6z-20 of
9the State Finance Act, and 5% of the amounts deposited into the
10Regional Transportation Authority Occupation and Use Tax
11Replacement Fund from the State and Local Sales Tax Reform Fund
12as provided in Section 6z-17 of the State Finance Act, and 5%
13of the revenue realized by the Chicago Transit Authority as
14financial assistance from the City of Chicago from the proceeds
15of any tax imposed by the City of Chicago under Section 8-3-19
16of the Illinois Municipal Code.
17    Notwithstanding any provision of law to the contrary,
18beginning on the effective date of this amendatory Act of the
19100th General Assembly, those amounts required under this
20paragraph (2) of subsection (a) to be transferred by the
21Treasurer into the Public Transportation Fund from the General
22Revenue Fund shall be directly deposited into the Public
23Transportation Fund as the revenues are realized from the taxes
24indicated.
25    (3) Except as otherwise provided in paragraph (4), as As
26soon as possible after the first day of January, 2009 and each

 

 

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1month thereafter, upon certification of the Department of
2Revenue with respect to the taxes collected under Section 4.03,
3the Comptroller shall order transferred and the Treasurer shall
4transfer from the General Revenue Fund to the Public
5Transportation Fund an amount equal to 25% of the net revenue,
6before the deduction of the serviceman and retailer discounts
7pursuant to Section 9 of the Service Occupation Tax Act and
8Section 3 of the Retailers' Occupation Tax Act, realized from
9(i) 20% of the proceeds of any tax imposed by the Authority at
10a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
11tax imposed by the Authority at the rate of 1% in Cook County,
12and (iii) one-third of the proceeds of any tax imposed by the
13Authority at the rate of 0.75% in the Counties of DuPage, Kane,
14Lake, McHenry, and Will, all pursuant to Section 4.03, and the
15Comptroller shall order transferred and the Treasurer shall
16transfer from the General Revenue Fund to the Public
17Transportation Fund (iv) an amount equal to 25% of the revenue
18realized by the Chicago Transit Authority as financial
19assistance from the City of Chicago from the proceeds of any
20tax imposed by the City of Chicago under Section 8-3-19 of the
21Illinois Municipal Code.
22    Notwithstanding any provision of law to the contrary,
23beginning on the effective date of this amendatory Act of the
24100th General Assembly, those amounts required under this
25paragraph (3) of subsection (a) to be transferred by the
26Treasurer into the Public Transportation Fund from the General

 

 

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1Revenue Fund shall be directly deposited into the Public
2Transportation Fund as the revenues are realized from the taxes
3indicated.
4    (4) Notwithstanding any provision of law to the contrary,
5of the transfers to be made under paragraphs (1), (2), and (3)
6of this subsection (a) from the General Revenue Fund to the
7Public Transportation Fund, the first $100,000,000 that would
8have otherwise been transferred from the General Revenue Fund
9shall be transferred from the Road Fund. The remaining balance
10of such transfers shall be made from the General Revenue Fund.
11    (5) For State fiscal year 2018 only, notwithstanding any
12provision of law to the contrary, the total amount of revenue
13and deposits under this subsection (a) attributable to revenues
14realized during State fiscal year 2018 shall be reduced by 10%.
15    (b)(1) All moneys deposited in the Public Transportation
16Fund and the Regional Transportation Authority Occupation and
17Use Tax Replacement Fund, whether deposited pursuant to this
18Section or otherwise, are allocated to the Authority. The
19Comptroller, as soon as possible after each monthly transfer
20provided in this Section and after each deposit into the Public
21Transportation Fund, shall order the Treasurer to pay to the
22Authority out of the Public Transportation Fund the amount so
23transferred or deposited. Any Additional State Assistance and
24Additional Financial Assistance paid to the Authority under
25this Section shall be expended by the Authority for its
26purposes as provided in this Act. The balance of the amounts

 

 

10000SB0042ham001- 183 -LRB100 04925 JWD 27935 a

1paid to the Authority from the Public Transportation Fund shall
2be expended by the Authority as provided in Section 4.03.3. The
3Comptroller, as soon as possible after each deposit into the
4Regional Transportation Authority Occupation and Use Tax
5Replacement Fund provided in this Section and Section 6z-17 of
6the State Finance Act, shall order the Treasurer to pay to the
7Authority out of the Regional Transportation Authority
8Occupation and Use Tax Replacement Fund the amount so
9deposited. Such amounts paid to the Authority may be expended
10by it for its purposes as provided in this Act. The provisions
11directing the distributions from the Public Transportation
12Fund and the Regional Transportation Authority Occupation and
13Use Tax Replacement Fund provided for in this Section shall
14constitute an irrevocable and continuing appropriation of all
15amounts as provided herein. The State Treasurer and State
16Comptroller are hereby authorized and directed to make
17distributions as provided in this Section. (2) Provided,
18however, no moneys deposited under subsection (a) of this
19Section shall be paid from the Public Transportation Fund to
20the Authority or its assignee for any fiscal year until the
21Authority has certified to the Governor, the Comptroller, and
22the Mayor of the City of Chicago that it has adopted for that
23fiscal year an Annual Budget and Two-Year Financial Plan
24meeting the requirements in Section 4.01(b).
25    (c) In recognition of the efforts of the Authority to
26enhance the mass transportation facilities under its control,

 

 

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

 

 

10000SB0042ham001- 185 -LRB100 04925 JWD 27935 a

1        2000$0;
2        2001$16,000,000;
3        2002$35,000,000;
4        2003$54,000,000;
5        2004$73,000,000;
6        2005$93,000,000; and
7        each year thereafter$100,000,000.
8    (d) Beginning with State fiscal year 1990 and continuing
9for each State fiscal year thereafter, the Authority shall
10annually certify to the State Comptroller and State Treasurer,
11separately with respect to each of subdivisions (g)(2) and
12(g)(3) of Section 4.04 of this Act, the following amounts:
13        (1) The amount necessary and required, during the State
14    fiscal year with respect to which the certification is
15    made, to pay its obligations for debt service on all
16    outstanding bonds or notes issued by the Authority under
17    subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
18        (2) An estimate of the amount necessary and required to
19    pay its obligations for debt service for any bonds or notes
20    which the Authority anticipates it will issue under
21    subdivisions (g)(2) and (g)(3) of Section 4.04 during that
22    State fiscal year.
23        (3) Its debt service savings during the preceding State
24    fiscal year from refunding or advance refunding of bonds or
25    notes issued under subdivisions (g)(2) and (g)(3) of
26    Section 4.04.

 

 

10000SB0042ham001- 186 -LRB100 04925 JWD 27935 a

1        (4) The amount of interest, if any, earned by the
2    Authority during the previous State fiscal year on the
3    proceeds of bonds or notes issued pursuant to subdivisions
4    (g)(2) and (g)(3) of Section 4.04, other than refunding or
5    advance refunding bonds or notes.
6    The certification shall include a specific schedule of debt
7service payments, including the date and amount of each payment
8for all outstanding bonds or notes and an estimated schedule of
9anticipated debt service for all bonds and notes it intends to
10issue, if any, during that State fiscal year, including the
11estimated date and estimated amount of each payment.
12    Immediately upon the issuance of bonds for which an
13estimated schedule of debt service payments was prepared, the
14Authority shall file an amended certification with respect to
15item (2) above, to specify the actual schedule of debt service
16payments, including the date and amount of each payment, for
17the remainder of the State fiscal year.
18    On the first day of each month of the State fiscal year in
19which there are bonds outstanding with respect to which the
20certification is made, the State Comptroller shall order
21transferred and the State Treasurer shall transfer from the
22Road General Revenue Fund to the Public Transportation Fund the
23Additional State Assistance and Additional Financial
24Assistance in an amount equal to the aggregate of (i)
25one-twelfth of the sum of the amounts certified under items (1)
26and (3) above less the amount certified under item (4) above,

 

 

10000SB0042ham001- 187 -LRB100 04925 JWD 27935 a

1plus (ii) the amount required to pay debt service on bonds and
2notes issued during the fiscal year, if any, divided by the
3number of months remaining in the fiscal year after the date of
4issuance, or some smaller portion as may be necessary under
5subsection (c) or (c-5) of this Section for the relevant State
6fiscal year, plus (iii) any cumulative deficiencies in
7transfers for prior months, until an amount equal to the sum of
8the amounts certified under items (1) and (3) above, plus the
9actual debt service certified under item (2) above, less the
10amount certified under item (4) above, has been transferred;
11except that these transfers are subject to the following
12limits:
13        (A) In no event shall the total transfers in any State
14    fiscal year relating to outstanding bonds and notes issued
15    by the Authority under subdivision (g)(2) of Section 4.04
16    exceed the lesser of the annual maximum amount specified in
17    subsection (c) or the sum of the amounts certified under
18    items (1) and (3) above, plus the actual debt service
19    certified under item (2) above, less the amount certified
20    under item (4) above, with respect to those bonds and
21    notes.
22        (B) In no event shall the total transfers in any State
23    fiscal year relating to outstanding bonds and notes issued
24    by the Authority under subdivision (g)(3) of Section 4.04
25    exceed the lesser of the annual maximum amount specified in
26    subsection (c-5) or the sum of the amounts certified under

 

 

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1    items (1) and (3) above, plus the actual debt service
2    certified under item (2) above, less the amount certified
3    under item (4) above, with respect to those bonds and
4    notes.
5    The term "outstanding" does not include bonds or notes for
6which refunding or advance refunding bonds or notes have been
7issued.
8    (e) Neither Additional State Assistance nor Additional
9Financial Assistance may be pledged, either directly or
10indirectly as general revenues of the Authority, as security
11for any bonds issued by the Authority. The Authority may not
12assign its right to receive Additional State Assistance or
13Additional Financial Assistance, or direct payment of
14Additional State Assistance or Additional Financial
15Assistance, to a trustee or any other entity for the payment of
16debt service on its bonds.
17    (f) The certification required under subsection (d) with
18respect to outstanding bonds and notes of the Authority shall
19be filed as early as practicable before the beginning of the
20State fiscal year to which it relates. The certification shall
21be revised as may be necessary to accurately state the debt
22service requirements of the Authority.
23    (g) Within 6 months of the end of each fiscal year, the
24Authority shall determine:
25        (i) whether the aggregate of all system generated
26    revenues for public transportation in the metropolitan

 

 

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1    region which is provided by, or under grant or purchase of
2    service contracts with, the Service Boards equals 50% of
3    the aggregate of all costs of providing such public
4    transportation. "System generated revenues" include all
5    the proceeds of fares and charges for services provided,
6    contributions received in connection with public
7    transportation from units of local government other than
8    the Authority, except for contributions received by the
9    Chicago Transit Authority from a real estate transfer tax
10    imposed under subsection (i) of Section 8-3-19 of the
11    Illinois Municipal Code, and from the State pursuant to
12    subsection (i) of Section 2705-305 of the Department of
13    Transportation Law (20 ILCS 2705/2705-305), and all other
14    revenues properly included consistent with generally
15    accepted accounting principles but may not include: the
16    proceeds from any borrowing, and, beginning with the 2007
17    fiscal year, all revenues and receipts, including but not
18    limited to fares and grants received from the federal,
19    State or any unit of local government or other entity,
20    derived from providing ADA paratransit service pursuant to
21    Section 2.30 of the Regional Transportation Authority Act.
22    "Costs" include all items properly included as operating
23    costs consistent with generally accepted accounting
24    principles, including administrative costs, but do not
25    include: depreciation; payment of principal and interest
26    on bonds, notes or other evidences of obligations for

 

 

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1    borrowed money of the Authority; payments with respect to
2    public transportation facilities made pursuant to
3    subsection (b) of Section 2.20; any payments with respect
4    to rate protection contracts, credit enhancements or
5    liquidity agreements made under Section 4.14; any other
6    cost as to which it is reasonably expected that a cash
7    expenditure will not be made; costs for passenger security
8    including grants, contracts, personnel, equipment and
9    administrative expenses, except in the case of the Chicago
10    Transit Authority, in which case the term does not include
11    costs spent annually by that entity for protection against
12    crime as required by Section 27a of the Metropolitan
13    Transit Authority Act; the costs of Debt Service paid by
14    the Chicago Transit Authority, as defined in Section 12c of
15    the Metropolitan Transit Authority Act, or bonds or notes
16    issued pursuant to that Section; the payment by the
17    Commuter Rail Division of debt service on bonds issued
18    pursuant to Section 3B.09; expenses incurred by the
19    Suburban Bus Division for the cost of new public
20    transportation services funded from grants pursuant to
21    Section 2.01e of this amendatory Act of the 95th General
22    Assembly for a period of 2 years from the date of
23    initiation of each such service; costs as exempted by the
24    Board for projects pursuant to Section 2.09 of this Act;
25    or, beginning with the 2007 fiscal year, expenses related
26    to providing ADA paratransit service pursuant to Section

 

 

10000SB0042ham001- 191 -LRB100 04925 JWD 27935 a

1    2.30 of the Regional Transportation Authority Act; or in
2    fiscal years 2008 through 2012 inclusive, costs in the
3    amount of $200,000,000 in fiscal year 2008, reducing by
4    $40,000,000 in each fiscal year thereafter until this
5    exemption is eliminated. If said system generated revenues
6    are less than 50% of said costs, the Board shall remit an
7    amount equal to the amount of the deficit to the State. The
8    Treasurer shall deposit any such payment in the Road
9    General Revenue Fund; and
10        (ii) whether, beginning with the 2007 fiscal year, the
11    aggregate of all fares charged and received for ADA
12    paratransit services equals the system generated ADA
13    paratransit services revenue recovery ratio percentage of
14    the aggregate of all costs of providing such ADA
15    paratransit services.
16    (h) If the Authority makes any payment to the State under
17paragraph (g), the Authority shall reduce the amount provided
18to a Service Board from funds transferred under paragraph (a)
19in proportion to the amount by which that Service Board failed
20to meet its required system generated revenues recovery ratio.
21A Service Board which is affected by a reduction in funds under
22this paragraph shall submit to the Authority concurrently with
23its next due quarterly report a revised budget incorporating
24the reduction in funds. The revised budget must meet the
25criteria specified in clauses (i) through (vi) of Section
264.11(b)(2). The Board shall review and act on the revised

 

 

10000SB0042ham001- 192 -LRB100 04925 JWD 27935 a

1budget as provided in Section 4.11(b)(3).
2(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
395-906, eff. 8-26-08.)
 
4    Section 5-40. The School Code is amended by changing
5Section 18-8.05 as follows:
 
6    (105 ILCS 5/18-8.05)
7    Sec. 18-8.05. Basis for apportionment of general State
8financial aid and supplemental general State aid to the common
9schools for the 1998-1999 and subsequent school years.
 
10(A) General Provisions.
11    (1) The provisions of this Section apply to the 1998-1999
12and subsequent school years. The system of general State
13financial aid provided for in this Section is designed to
14assure that, through a combination of State financial aid and
15required local resources, the financial support provided each
16pupil in Average Daily Attendance equals or exceeds a
17prescribed per pupil Foundation Level. This formula approach
18imputes a level of per pupil Available Local Resources and
19provides for the basis to calculate a per pupil level of
20general State financial aid that, when added to Available Local
21Resources, equals or exceeds the Foundation Level. The amount
22of per pupil general State financial aid for school districts,
23in general, varies in inverse relation to Available Local

 

 

10000SB0042ham001- 193 -LRB100 04925 JWD 27935 a

1Resources. Per pupil amounts are based upon each school
2district's Average Daily Attendance as that term is defined in
3this Section.
4    (2) In addition to general State financial aid, school
5districts with specified levels or concentrations of pupils
6from low income households are eligible to receive supplemental
7general State financial aid grants as provided pursuant to
8subsection (H). The supplemental State aid grants provided for
9school districts under subsection (H) shall be appropriated for
10distribution to school districts as part of the same line item
11in which the general State financial aid of school districts is
12appropriated under this Section.
13    (3) To receive financial assistance under this Section,
14school districts are required to file claims with the State
15Board of Education, subject to the following requirements:
16        (a) Any school district which fails for any given
17    school year to maintain school as required by law, or to
18    maintain a recognized school is not eligible to file for
19    such school year any claim upon the Common School Fund. In
20    case of nonrecognition of one or more attendance centers in
21    a school district otherwise operating recognized schools,
22    the claim of the district shall be reduced in the
23    proportion which the Average Daily Attendance in the
24    attendance center or centers bear to the Average Daily
25    Attendance in the school district. A "recognized school"
26    means any public school which meets the standards as

 

 

10000SB0042ham001- 194 -LRB100 04925 JWD 27935 a

1    established for recognition by the State Board of
2    Education. A school district or attendance center not
3    having recognition status at the end of a school term is
4    entitled to receive State aid payments due upon a legal
5    claim which was filed while it was recognized.
6        (b) School district claims filed under this Section are
7    subject to Sections 18-9 and 18-12, except as otherwise
8    provided in this Section.
9        (c) If a school district operates a full year school
10    under Section 10-19.1, the general State aid to the school
11    district shall be determined by the State Board of
12    Education in accordance with this Section as near as may be
13    applicable.
14        (d) (Blank).
15    (4) Except as provided in subsections (H) and (L), the
16board of any district receiving any of the grants provided for
17in this Section may apply those funds to any fund so received
18for which that board is authorized to make expenditures by law.
19    School districts are not required to exert a minimum
20Operating Tax Rate in order to qualify for assistance under
21this Section.
22    (5) As used in this Section the following terms, when
23capitalized, shall have the meaning ascribed herein:
24        (a) "Average Daily Attendance": A count of pupil
25    attendance in school, averaged as provided for in
26    subsection (C) and utilized in deriving per pupil financial

 

 

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1    support levels.
2        (b) "Available Local Resources": A computation of
3    local financial support, calculated on the basis of Average
4    Daily Attendance and derived as provided pursuant to
5    subsection (D).
6        (c) "Corporate Personal Property Replacement Taxes":
7    Funds paid to local school districts pursuant to "An Act in
8    relation to the abolition of ad valorem personal property
9    tax and the replacement of revenues lost thereby, and
10    amending and repealing certain Acts and parts of Acts in
11    connection therewith", certified August 14, 1979, as
12    amended (Public Act 81-1st S.S.-1).
13        (d) "Foundation Level": A prescribed level of per pupil
14    financial support as provided for in subsection (B).
15        (e) "Operating Tax Rate": All school district property
16    taxes extended for all purposes, except Bond and Interest,
17    Summer School, Rent, Capital Improvement, and Vocational
18    Education Building purposes.
 
19(B) Foundation Level.
20    (1) The Foundation Level is a figure established by the
21State representing the minimum level of per pupil financial
22support that should be available to provide for the basic
23education of each pupil in Average Daily Attendance. As set
24forth in this Section, each school district is assumed to exert
25a sufficient local taxing effort such that, in combination with

 

 

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1the aggregate of general State financial aid provided the
2district, an aggregate of State and local resources are
3available to meet the basic education needs of pupils in the
4district.
5    (2) For the 1998-1999 school year, the Foundation Level of
6support is $4,225. For the 1999-2000 school year, the
7Foundation Level of support is $4,325. For the 2000-2001 school
8year, the Foundation Level of support is $4,425. For the
92001-2002 school year and 2002-2003 school year, the Foundation
10Level of support is $4,560. For the 2003-2004 school year, the
11Foundation Level of support is $4,810. For the 2004-2005 school
12year, the Foundation Level of support is $4,964. For the
132005-2006 school year, the Foundation Level of support is
14$5,164. For the 2006-2007 school year, the Foundation Level of
15support is $5,334. For the 2007-2008 school year, the
16Foundation Level of support is $5,734. For the 2008-2009 school
17year, the Foundation Level of support is $5,959.
18    (3) For the 2009-2010 school year and each school year
19thereafter, the Foundation Level of support is $6,119 or such
20greater amount as may be established by law by the General
21Assembly.
 
22(C) Average Daily Attendance.
23    (1) For purposes of calculating general State aid pursuant
24to subsection (E), an Average Daily Attendance figure shall be
25utilized. The Average Daily Attendance figure for formula

 

 

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1calculation purposes shall be the monthly average of the actual
2number of pupils in attendance of each school district, as
3further averaged for the best 3 months of pupil attendance for
4each school district. In compiling the figures for the number
5of pupils in attendance, school districts and the State Board
6of Education shall, for purposes of general State aid funding,
7conform attendance figures to the requirements of subsection
8(F).
9    (2) The Average Daily Attendance figures utilized in
10subsection (E) shall be the requisite attendance data for the
11school year immediately preceding the school year for which
12general State aid is being calculated or the average of the
13attendance data for the 3 preceding school years, whichever is
14greater. The Average Daily Attendance figures utilized in
15subsection (H) shall be the requisite attendance data for the
16school year immediately preceding the school year for which
17general State aid is being calculated.
 
18(D) Available Local Resources.
19    (1) For purposes of calculating general State aid pursuant
20to subsection (E), a representation of Available Local
21Resources per pupil, as that term is defined and determined in
22this subsection, shall be utilized. Available Local Resources
23per pupil shall include a calculated dollar amount representing
24local school district revenues from local property taxes and
25from Corporate Personal Property Replacement Taxes, expressed

 

 

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1on the basis of pupils in Average Daily Attendance. Calculation
2of Available Local Resources shall exclude any tax amnesty
3funds received as a result of Public Act 93-26.
4    (2) In determining a school district's revenue from local
5property taxes, the State Board of Education shall utilize the
6equalized assessed valuation of all taxable property of each
7school district as of September 30 of the previous year. The
8equalized assessed valuation utilized shall be obtained and
9determined as provided in subsection (G).
10    (3) For school districts maintaining grades kindergarten
11through 12, local property tax revenues per pupil shall be
12calculated as the product of the applicable equalized assessed
13valuation for the district multiplied by 3.00%, and divided by
14the district's Average Daily Attendance figure. For school
15districts maintaining grades kindergarten through 8, local
16property tax revenues per pupil shall be calculated as the
17product of the applicable equalized assessed valuation for the
18district multiplied by 2.30%, and divided by the district's
19Average Daily Attendance figure. For school districts
20maintaining grades 9 through 12, local property tax revenues
21per pupil shall be the applicable equalized assessed valuation
22of the district multiplied by 1.05%, and divided by the
23district's Average Daily Attendance figure.
24    For partial elementary unit districts created pursuant to
25Article 11E of this Code, local property tax revenues per pupil
26shall be calculated as the product of the equalized assessed

 

 

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1valuation for property within the partial elementary unit
2district for elementary purposes, as defined in Article 11E of
3this Code, multiplied by 2.06% and divided by the district's
4Average Daily Attendance figure, plus the product of the
5equalized assessed valuation for property within the partial
6elementary unit district for high school purposes, as defined
7in Article 11E of this Code, multiplied by 0.94% and divided by
8the district's Average Daily Attendance figure.
9    (4) The Corporate Personal Property Replacement Taxes paid
10to each school district during the calendar year one year
11before the calendar year in which a school year begins, divided
12by the Average Daily Attendance figure for that district, shall
13be added to the local property tax revenues per pupil as
14derived by the application of the immediately preceding
15paragraph (3). The sum of these per pupil figures for each
16school district shall constitute Available Local Resources as
17that term is utilized in subsection (E) in the calculation of
18general State aid.
 
19(E) Computation of General State Aid.
20    (1) For each school year, the amount of general State aid
21allotted to a school district shall be computed by the State
22Board of Education as provided in this subsection.
23    (2) For any school district for which Available Local
24Resources per pupil is less than the product of 0.93 times the
25Foundation Level, general State aid for that district shall be

 

 

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1calculated as an amount equal to the Foundation Level minus
2Available Local Resources, multiplied by the Average Daily
3Attendance of the school district.
4    (3) For any school district for which Available Local
5Resources per pupil is equal to or greater than the product of
60.93 times the Foundation Level and less than the product of
71.75 times the Foundation Level, the general State aid per
8pupil shall be a decimal proportion of the Foundation Level
9derived using a linear algorithm. Under this linear algorithm,
10the calculated general State aid per pupil shall decline in
11direct linear fashion from 0.07 times the Foundation Level for
12a school district with Available Local Resources equal to the
13product of 0.93 times the Foundation Level, to 0.05 times the
14Foundation Level for a school district with Available Local
15Resources equal to the product of 1.75 times the Foundation
16Level. The allocation of general State aid for school districts
17subject to this paragraph 3 shall be the calculated general
18State aid per pupil figure multiplied by the Average Daily
19Attendance of the school district.
20    (4) For any school district for which Available Local
21Resources per pupil equals or exceeds the product of 1.75 times
22the Foundation Level, the general State aid for the school
23district shall be calculated as the product of $218 multiplied
24by the Average Daily Attendance of the school district.
25    (5) The amount of general State aid allocated to a school
26district for the 1999-2000 school year meeting the requirements

 

 

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1set forth in paragraph (4) of subsection (G) shall be increased
2by an amount equal to the general State aid that would have
3been received by the district for the 1998-1999 school year by
4utilizing the Extension Limitation Equalized Assessed
5Valuation as calculated in paragraph (4) of subsection (G) less
6the general State aid allotted for the 1998-1999 school year.
7This amount shall be deemed a one time increase, and shall not
8affect any future general State aid allocations.
 
9(F) Compilation of Average Daily Attendance.
10    (1) Each school district shall, by July 1 of each year,
11submit to the State Board of Education, on forms prescribed by
12the State Board of Education, attendance figures for the school
13year that began in the preceding calendar year. The attendance
14information so transmitted shall identify the average daily
15attendance figures for each month of the school year. Beginning
16with the general State aid claim form for the 2002-2003 school
17year, districts shall calculate Average Daily Attendance as
18provided in subdivisions (a), (b), and (c) of this paragraph
19(1).
20        (a) In districts that do not hold year-round classes,
21    days of attendance in August shall be added to the month of
22    September and any days of attendance in June shall be added
23    to the month of May.
24        (b) In districts in which all buildings hold year-round
25    classes, days of attendance in July and August shall be

 

 

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1    added to the month of September and any days of attendance
2    in June shall be added to the month of May.
3        (c) In districts in which some buildings, but not all,
4    hold year-round classes, for the non-year-round buildings,
5    days of attendance in August shall be added to the month of
6    September and any days of attendance in June shall be added
7    to the month of May. The average daily attendance for the
8    year-round buildings shall be computed as provided in
9    subdivision (b) of this paragraph (1). To calculate the
10    Average Daily Attendance for the district, the average
11    daily attendance for the year-round buildings shall be
12    multiplied by the days in session for the non-year-round
13    buildings for each month and added to the monthly
14    attendance of the non-year-round buildings.
15    Except as otherwise provided in this Section, days of
16attendance by pupils shall be counted only for sessions of not
17less than 5 clock hours of school work per day under direct
18supervision of: (i) teachers, or (ii) non-teaching personnel or
19volunteer personnel when engaging in non-teaching duties and
20supervising in those instances specified in subsection (a) of
21Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
22of legal school age and in kindergarten and grades 1 through
2312. Days of attendance by pupils through verified participation
24in an e-learning program approved by the State Board of
25Education under Section 10-20.56 of the Code shall be
26considered as full days of attendance for purposes of this

 

 

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1Section.
2    Days of attendance by tuition pupils shall be accredited
3only to the districts that pay the tuition to a recognized
4school.
5    (2) Days of attendance by pupils of less than 5 clock hours
6of school shall be subject to the following provisions in the
7compilation of Average Daily Attendance.
8        (a) Pupils regularly enrolled in a public school for
9    only a part of the school day may be counted on the basis
10    of 1/6 day for every class hour of instruction of 40
11    minutes or more attended pursuant to such enrollment,
12    unless a pupil is enrolled in a block-schedule format of 80
13    minutes or more of instruction, in which case the pupil may
14    be counted on the basis of the proportion of minutes of
15    school work completed each day to the minimum number of
16    minutes that school work is required to be held that day.
17        (b) (Blank).
18        (c) A session of 4 or more clock hours may be counted
19    as a day of attendance upon certification by the regional
20    superintendent, and approved by the State Superintendent
21    of Education to the extent that the district has been
22    forced to use daily multiple sessions.
23        (d) A session of 3 or more clock hours may be counted
24    as a day of attendance (1) when the remainder of the school
25    day or at least 2 hours in the evening of that day is
26    utilized for an in-service training program for teachers,

 

 

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1    up to a maximum of 5 days per school year, provided a
2    district conducts an in-service training program for
3    teachers in accordance with Section 10-22.39 of this Code;
4    or, in lieu of 4 such days, 2 full days may be used, in
5    which event each such day may be counted as a day required
6    for a legal school calendar pursuant to Section 10-19 of
7    this Code; (1.5) when, of the 5 days allowed under item
8    (1), a maximum of 4 days are used for parent-teacher
9    conferences, or, in lieu of 4 such days, 2 full days are
10    used, in which case each such day may be counted as a
11    calendar day required under Section 10-19 of this Code,
12    provided that the full-day, parent-teacher conference
13    consists of (i) a minimum of 5 clock hours of
14    parent-teacher conferences, (ii) both a minimum of 2 clock
15    hours of parent-teacher conferences held in the evening
16    following a full day of student attendance, as specified in
17    subsection (F)(1)(c), and a minimum of 3 clock hours of
18    parent-teacher conferences held on the day immediately
19    following evening parent-teacher conferences, or (iii)
20    multiple parent-teacher conferences held in the evenings
21    following full days of student attendance, as specified in
22    subsection (F)(1)(c), in which the time used for the
23    parent-teacher conferences is equivalent to a minimum of 5
24    clock hours; and (2) when days in addition to those
25    provided in items (1) and (1.5) are scheduled by a school
26    pursuant to its school improvement plan adopted under

 

 

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1    Article 34 or its revised or amended school improvement
2    plan adopted under Article 2, provided that (i) such
3    sessions of 3 or more clock hours are scheduled to occur at
4    regular intervals, (ii) the remainder of the school days in
5    which such sessions occur are utilized for in-service
6    training programs or other staff development activities
7    for teachers, and (iii) a sufficient number of minutes of
8    school work under the direct supervision of teachers are
9    added to the school days between such regularly scheduled
10    sessions to accumulate not less than the number of minutes
11    by which such sessions of 3 or more clock hours fall short
12    of 5 clock hours. Any full days used for the purposes of
13    this paragraph shall not be considered for computing
14    average daily attendance. Days scheduled for in-service
15    training programs, staff development activities, or
16    parent-teacher conferences may be scheduled separately for
17    different grade levels and different attendance centers of
18    the district.
19        (e) A session of not less than one clock hour of
20    teaching hospitalized or homebound pupils on-site or by
21    telephone to the classroom may be counted as 1/2 day of
22    attendance, however these pupils must receive 4 or more
23    clock hours of instruction to be counted for a full day of
24    attendance.
25        (f) A session of at least 4 clock hours may be counted
26    as a day of attendance for first grade pupils, and pupils

 

 

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1    in full day kindergartens, and a session of 2 or more hours
2    may be counted as 1/2 day of attendance by pupils in
3    kindergartens which provide only 1/2 day of attendance.
4        (g) For children with disabilities who are below the
5    age of 6 years and who cannot attend 2 or more clock hours
6    because of their disability or immaturity, a session of not
7    less than one clock hour may be counted as 1/2 day of
8    attendance; however for such children whose educational
9    needs so require a session of 4 or more clock hours may be
10    counted as a full day of attendance.
11        (h) A recognized kindergarten which provides for only
12    1/2 day of attendance by each pupil shall not have more
13    than 1/2 day of attendance counted in any one day. However,
14    kindergartens may count 2 1/2 days of attendance in any 5
15    consecutive school days. When a pupil attends such a
16    kindergarten for 2 half days on any one school day, the
17    pupil shall have the following day as a day absent from
18    school, unless the school district obtains permission in
19    writing from the State Superintendent of Education.
20    Attendance at kindergartens which provide for a full day of
21    attendance by each pupil shall be counted the same as
22    attendance by first grade pupils. Only the first year of
23    attendance in one kindergarten shall be counted, except in
24    case of children who entered the kindergarten in their
25    fifth year whose educational development requires a second
26    year of kindergarten as determined under the rules and

 

 

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1    regulations of the State Board of Education.
2        (i) On the days when the assessment that includes a
3    college and career ready determination is administered
4    under subsection (c) of Section 2-3.64a-5 of this Code, the
5    day of attendance for a pupil whose school day must be
6    shortened to accommodate required testing procedures may
7    be less than 5 clock hours and shall be counted towards the
8    176 days of actual pupil attendance required under Section
9    10-19 of this Code, provided that a sufficient number of
10    minutes of school work in excess of 5 clock hours are first
11    completed on other school days to compensate for the loss
12    of school work on the examination days.
13        (j) Pupils enrolled in a remote educational program
14    established under Section 10-29 of this Code may be counted
15    on the basis of one-fifth day of attendance for every clock
16    hour of instruction attended in the remote educational
17    program, provided that, in any month, the school district
18    may not claim for a student enrolled in a remote
19    educational program more days of attendance than the
20    maximum number of days of attendance the district can claim
21    (i) for students enrolled in a building holding year-round
22    classes if the student is classified as participating in
23    the remote educational program on a year-round schedule or
24    (ii) for students enrolled in a building not holding
25    year-round classes if the student is not classified as
26    participating in the remote educational program on a

 

 

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1    year-round schedule.
 
2(G) Equalized Assessed Valuation Data.
3    (1) For purposes of the calculation of Available Local
4Resources required pursuant to subsection (D), the State Board
5of Education shall secure from the Department of Revenue the
6value as equalized or assessed by the Department of Revenue of
7all taxable property of every school district, together with
8(i) the applicable tax rate used in extending taxes for the
9funds of the district as of September 30 of the previous year
10and (ii) the limiting rate for all school districts subject to
11property tax extension limitations as imposed under the
12Property Tax Extension Limitation Law.
13    The Department of Revenue shall add to the equalized
14assessed value of all taxable property of each school district
15situated entirely or partially within a county that is or was
16subject to the provisions of Section 15-176 or 15-177 of the
17Property Tax Code (a) an amount equal to the total amount by
18which the homestead exemption allowed under Section 15-176 or
1915-177 of the Property Tax Code for real property situated in
20that school district exceeds the total amount that would have
21been allowed in that school district if the maximum reduction
22under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
23all other counties in tax year 2003 or (ii) $5,000 in all
24counties in tax year 2004 and thereafter and (b) an amount
25equal to the aggregate amount for the taxable year of all

 

 

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1additional exemptions under Section 15-175 of the Property Tax
2Code for owners with a household income of $30,000 or less. The
3county clerk of any county that is or was subject to the
4provisions of Section 15-176 or 15-177 of the Property Tax Code
5shall annually calculate and certify to the Department of
6Revenue for each school district all homestead exemption
7amounts under Section 15-176 or 15-177 of the Property Tax Code
8and all amounts of additional exemptions under Section 15-175
9of the Property Tax Code for owners with a household income of
10$30,000 or less. It is the intent of this paragraph that if the
11general homestead exemption for a parcel of property is
12determined under Section 15-176 or 15-177 of the Property Tax
13Code rather than Section 15-175, then the calculation of
14Available Local Resources shall not be affected by the
15difference, if any, between the amount of the general homestead
16exemption allowed for that parcel of property under Section
1715-176 or 15-177 of the Property Tax Code and the amount that
18would have been allowed had the general homestead exemption for
19that parcel of property been determined under Section 15-175 of
20the Property Tax Code. It is further the intent of this
21paragraph that if additional exemptions are allowed under
22Section 15-175 of the Property Tax Code for owners with a
23household income of less than $30,000, then the calculation of
24Available Local Resources shall not be affected by the
25difference, if any, because of those additional exemptions.
26    This equalized assessed valuation, as adjusted further by

 

 

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1the requirements of this subsection, shall be utilized in the
2calculation of Available Local Resources.
3    (2) The equalized assessed valuation in paragraph (1) shall
4be adjusted, as applicable, in the following manner:
5        (a) For the purposes of calculating State aid under
6    this Section, with respect to any part of a school district
7    within a redevelopment project area in respect to which a
8    municipality has adopted tax increment allocation
9    financing pursuant to the Tax Increment Allocation
10    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
11    of the Illinois Municipal Code or the Industrial Jobs
12    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
13    Illinois Municipal Code, no part of the current equalized
14    assessed valuation of real property located in any such
15    project area which is attributable to an increase above the
16    total initial equalized assessed valuation of such
17    property shall be used as part of the equalized assessed
18    valuation of the district, until such time as all
19    redevelopment project costs have been paid, as provided in
20    Section 11-74.4-8 of the Tax Increment Allocation
21    Redevelopment Act or in Section 11-74.6-35 of the
22    Industrial Jobs Recovery Law. For the purpose of the
23    equalized assessed valuation of the district, the total
24    initial equalized assessed valuation or the current
25    equalized assessed valuation, whichever is lower, shall be
26    used until such time as all redevelopment project costs

 

 

10000SB0042ham001- 211 -LRB100 04925 JWD 27935 a

1    have been paid.
2        (b) The real property equalized assessed valuation for
3    a school district shall be adjusted by subtracting from the
4    real property value as equalized or assessed by the
5    Department of Revenue for the district an amount computed
6    by dividing the amount of any abatement of taxes under
7    Section 18-170 of the Property Tax Code by 3.00% for a
8    district maintaining grades kindergarten through 12, by
9    2.30% for a district maintaining grades kindergarten
10    through 8, or by 1.05% for a district maintaining grades 9
11    through 12 and adjusted by an amount computed by dividing
12    the amount of any abatement of taxes under subsection (a)
13    of Section 18-165 of the Property Tax Code by the same
14    percentage rates for district type as specified in this
15    subparagraph (b).
16    (3) For the 1999-2000 school year and each school year
17thereafter, if a school district meets all of the criteria of
18this subsection (G)(3), the school district's Available Local
19Resources shall be calculated under subsection (D) using the
20district's Extension Limitation Equalized Assessed Valuation
21as calculated under this subsection (G)(3).
22    For purposes of this subsection (G)(3) the following terms
23shall have the following meanings:
24        "Budget Year": The school year for which general State
25    aid is calculated and awarded under subsection (E).
26        "Base Tax Year": The property tax levy year used to

 

 

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

 

 

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1and the district's Extension Limitation Ratio. Except as
2otherwise provided in this paragraph for a school district that
3has approved or does approve an increase in its limiting rate,
4for the 2000-2001 school year and each school year thereafter,
5the Extension Limitation Equalized Assessed Valuation of a
6school district as calculated by the State Board of Education
7shall be equal to the product of the Equalized Assessed
8Valuation last used in the calculation of general State aid and
9the district's Extension Limitation Ratio. If the Extension
10Limitation Equalized Assessed Valuation of a school district as
11calculated under this subsection (G)(3) is less than the
12district's equalized assessed valuation as calculated pursuant
13to subsections (G)(1) and (G)(2), then for purposes of
14calculating the district's general State aid for the Budget
15Year pursuant to subsection (E), that Extension Limitation
16Equalized Assessed Valuation shall be utilized to calculate the
17district's Available Local Resources under subsection (D). For
18the 2009-2010 school year and each school year thereafter, if a
19school district has approved or does approve an increase in its
20limiting rate, pursuant to Section 18-190 of the Property Tax
21Code, affecting the Base Tax Year, the Extension Limitation
22Equalized Assessed Valuation of the school district, as
23calculated by the State Board of Education, shall be equal to
24the product of the Equalized Assessed Valuation last used in
25the calculation of general State aid times an amount equal to
26one plus the percentage increase, if any, in the Consumer Price

 

 

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1Index for all Urban Consumers for all items published by the
2United States Department of Labor for the 12-month calendar
3year preceding the Base Tax Year, plus the Equalized Assessed
4Valuation of new property, annexed property, and recovered tax
5increment value and minus the Equalized Assessed Valuation of
6disconnected property. New property and recovered tax
7increment value shall have the meanings set forth in the
8Property Tax Extension Limitation Law.
9    Partial elementary unit districts created in accordance
10with Article 11E of this Code shall not be eligible for the
11adjustment in this subsection (G)(3) until the fifth year
12following the effective date of the reorganization.
13    (3.5) For the 2010-2011 school year and each school year
14thereafter, if a school district's boundaries span multiple
15counties, then the Department of Revenue shall send to the
16