HB0357 EnrolledLRB101 05160 RJF 50172 b

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

 
5    Section 1-1. Short title. This Act may be cited as the
6FY2021 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 for Fiscal Year 2021.
 
10
ARTICLE 3. EXECUTIVE CHAPTER AMENDATORY PROVISIONS

 
11    Section 3-5. The Illinois Administrative Procedure Act is
12amended by adding Sections 5-45.1 and 5-45.2 as follows:
 
13    (5 ILCS 100/5-45.1 new)
14    Sec. 5-45.1. Emergency rulemaking; Local Coronavirus
15Urgent Remediation Emergency (or Local CURE) Support Program.
16To provide for the expeditious and timely implementation of the
17Local Coronavirus Urgent Remediation Emergency (or Local CURE)
18Support Program, emergency rules implementing the Local
19Coronavirus Urgent Remediation Emergency (or Local CURE)

 

 

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1Support Program may be adopted in accordance with Section 5-45
2by the Department of Commerce and Economic Opportunity. The
3adoption of emergency rules authorized by Section 5-45 and this
4Section is deemed to be necessary for the public interest,
5safety, and welfare.
6    This Section is repealed on January 1, 2026.
 
7    (5 ILCS 100/5-45.2 new)
8    Sec. 5-45.2. Emergency rulemaking; Grants to local tourism
9and convention bureaus. To provide for the expeditious and
10timely implementation of the changes made to Section 605-705 of
11the Department of Commerce and Economic Opportunity Law of the
12Civil Administrative Code of Illinois by this amendatory Act of
13the 101st General Assembly, emergency rules implementing the
14changes made to Section 605-705 of the Department of Commerce
15and Economic Opportunity Law of the Civil Administrative Code
16of Illinois by this amendatory Act of the 101st General
17Assembly may be adopted in accordance with Section 5-45 by the
18Department of Commerce and Economic Opportunity. The adoption
19of emergency rules authorized by Section 5-45 and this Section
20is deemed to be necessary for the public interest, safety, and
21welfare.
22    This Section is repealed on January 1, 2026.
 
23    Section 3-10. The Department of Commerce and Economic
24Opportunity Law of the Civil Administrative Code of Illinois is

 

 

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1amended by changing Sections 605-705 and 605-707 and by adding
2Section 605-1045 as follows:
 
3    (20 ILCS 605/605-705)  (was 20 ILCS 605/46.6a)
4    Sec. 605-705. Grants to local tourism and convention
5bureaus.
6    (a) To establish a grant program for local tourism and
7convention bureaus. The Department will develop and implement a
8program for the use of funds, as authorized under this Act, by
9local tourism and convention bureaus. For the purposes of this
10Act, bureaus eligible to receive funds are those local tourism
11and convention bureaus that are (i) either units of local
12government or incorporated as not-for-profit organizations;
13(ii) in legal existence for a minimum of 2 years before July 1,
142001; (iii) operating with a paid, full-time staff whose sole
15purpose is to promote tourism in the designated service area;
16and (iv) affiliated with one or more municipalities or counties
17that support the bureau with local hotel-motel taxes. After
18July 1, 2001, bureaus requesting certification in order to
19receive funds for the first time must be local tourism and
20convention bureaus that are (i) either units of local
21government or incorporated as not-for-profit organizations;
22(ii) in legal existence for a minimum of 2 years before the
23request for certification; (iii) operating with a paid,
24full-time staff whose sole purpose is to promote tourism in the
25designated service area; and (iv) affiliated with multiple

 

 

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1municipalities or counties that support the bureau with local
2hotel-motel taxes. Each bureau receiving funds under this Act
3will be certified by the Department as the designated recipient
4to serve an area of the State. Notwithstanding the criteria set
5forth in this subsection (a), or any rule adopted under this
6subsection (a), the Director of the Department may provide for
7the award of grant funds to one or more entities if in the
8Department's judgment that action is necessary in order to
9prevent a loss of funding critical to promoting tourism in a
10designated geographic area of the State.
11    (b) To distribute grants to local tourism and convention
12bureaus from appropriations made from the Local Tourism Fund
13for that purpose. Of the amounts appropriated annually to the
14Department for expenditure under this Section prior to July 1,
152011, one-third of those monies shall be used for grants to
16convention and tourism bureaus in cities with a population
17greater than 500,000. The remaining two-thirds of the annual
18appropriation prior to July 1, 2011 shall be used for grants to
19convention and tourism bureaus in the remainder of the State,
20in accordance with a formula based upon the population served.
21Of the amounts appropriated annually to the Department for
22expenditure under this Section beginning July 1, 2011, 18% of
23such moneys shall be used for grants to convention and tourism
24bureaus in cities with a population greater than 500,000. Of
25the amounts appropriated annually to the Department for
26expenditure under this Section beginning July 1, 2011, 82% of

 

 

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1such moneys shall be used for grants to convention bureaus in
2the remainder of the State, in accordance with a formula based
3upon the population served. The Department may reserve up to 3%
4of total local tourism funds available for costs of
5administering the program to conduct audits of grants, to
6provide incentive funds to those bureaus that will conduct
7promotional activities designed to further the Department's
8statewide advertising campaign, to fund special statewide
9promotional activities, and to fund promotional activities
10that support an increased use of the State's parks or historic
11sites. The Department shall require that any convention and
12tourism bureau receiving a grant under this Section that
13requires matching funds shall provide matching funds equal to
14no less than 50% of the grant amount except that in Fiscal Year
152021, the Department shall require that any convention and
16tourism bureau receiving a grant under this Section that
17requires matching funds shall provide matching funds equal to
18no less than 25% of the grant amount. During fiscal year 2013,
19the Department shall reserve $2,000,000 of the available local
20tourism funds for appropriation to the Historic Preservation
21Agency for the operation of the Abraham Lincoln Presidential
22Library and Museum and State historic sites.
23    To provide for the expeditious and timely implementation of
24the changes made by this amendatory Act of the 101st General
25Assembly, emergency rules to implement the changes made by this
26amendatory Act of the 101st General Assembly may be adopted by

 

 

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1the Department subject to the provisions of Section 5-45 of the
2Illinois Administrative Procedure Act.
3(Source: P.A. 100-678, eff. 8-3-18.)
 
4    (20 ILCS 605/605-707)  (was 20 ILCS 605/46.6d)
5    Sec. 605-707. International Tourism Program.
6    (a) The Department of Commerce and Economic Opportunity
7must establish a program for international tourism. The
8Department shall develop and implement the program on January
91, 2000 by rule. As part of the program, the Department may
10work in cooperation with local convention and tourism bureaus
11in Illinois in the coordination of international tourism
12efforts at the State and local level. The Department may (i)
13work in cooperation with local convention and tourism bureaus
14for efficient use of their international tourism marketing
15resources, (ii) promote Illinois in international meetings and
16tourism markets, (iii) work with convention and tourism bureaus
17throughout the State to increase the number of international
18tourists to Illinois, (iv) provide training, research,
19technical support, and grants to certified convention and
20tourism bureaus, (v) provide staff, administration, and
21related support required to manage the programs under this
22Section, and (vi) provide grants for the development of or the
23enhancement of international tourism attractions.
24    (b) The Department shall make grants for expenses related
25to international tourism and pay for the staffing,

 

 

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1administration, and related support from the International
2Tourism Fund, a special fund created in the State Treasury. Of
3the amounts deposited into the Fund in fiscal year 2000 after
4January 1, 2000 through fiscal year 2011, 55% shall be used for
5grants to convention and tourism bureaus in Chicago (other than
6the City of Chicago's Office of Tourism) and 45% shall be used
7for development of international tourism in areas outside of
8Chicago. Of the amounts deposited into the Fund in fiscal year
92001 and thereafter, 55% shall be used for grants to convention
10and tourism bureaus in Chicago, and of that amount not less
11than 27.5% shall be used for grants to convention and tourism
12bureaus in Chicago other than the City of Chicago's Office of
13Tourism, and 45% shall be used for administrative expenses and
14grants authorized under this Section and development of
15international tourism in areas outside of Chicago, of which not
16less than $1,000,000 shall be used annually to make grants to
17convention and tourism bureaus in cities other than Chicago
18that demonstrate their international tourism appeal and
19request to develop or expand their international tourism
20marketing program, and may also be used to provide grants under
21item (vi) of subsection (a) of this Section. All of the amounts
22deposited into the Fund in fiscal year 2012 and thereafter
23shall be used for administrative expenses and grants authorized
24under this Section and development of international tourism in
25areas outside of Chicago, of which not less than $1,000,000
26shall be used annually to make grants to convention and tourism

 

 

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1bureaus in cities other than Chicago that demonstrate their
2international tourism appeal and request to develop or expand
3their international tourism marketing program, and may also be
4used to provide grants under item (vi) of subsection (a) of
5this Section. Amounts appropriated to the State Comptroller for
6administrative expenses and grants authorized by the Illinois
7Global Partnership Act are payable from the International
8Tourism Fund. For Fiscal Year 2021 only, the administrative
9expenses by the Department and the grants to convention and
10visitors bureaus outside the City of Chicago may be expended
11for the general purposes of promoting conventions and tourism.
12    (c) A convention and tourism bureau is eligible to receive
13grant moneys under this Section if the bureau is certified to
14receive funds under Title 14 of the Illinois Administrative
15Code, Section 550.35. To be eligible for a grant, a convention
16and tourism bureau must provide matching funds equal to the
17grant amount. The Department shall require that any convention
18and tourism bureau receiving a grant under this Section that
19requires matching funds shall provide matching funds equal to
20no less than 50% of the grant amount. In certain circumstances
21as determined by the Director of Commerce and Economic
22Opportunity, however, the City of Chicago's Office of Tourism
23or any other convention and tourism bureau may provide matching
24funds equal to no less than 50% of the grant amount to be
25eligible to receive the grant. One-half of this 50% may be
26provided through in-kind contributions. Grants received by the

 

 

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1City of Chicago's Office of Tourism and by convention and
2tourism bureaus in Chicago may be expended for the general
3purposes of promoting conventions and tourism.
4(Source: P.A. 97-617, eff. 10-26-11; 97-732, eff. 6-30-12;
598-252, eff. 8-9-13.)
 
6    (20 ILCS 605/605-1045 new)
7    Sec. 605-1045. Local Coronavirus Urgent Remediation
8Emergency (or Local CURE) Support Program.
9    (a) Purpose. The Department may receive, directly or
10indirectly, federal funds from the Coronavirus Relief Fund
11provided to the State pursuant to Section 5001 of the federal
12Coronavirus Aid, Relief, and Economic Security (CARES) Act to
13provide financial support to units of local government for
14purposes authorized by Section 5001 of the federal Coronavirus
15Aid, Relief, and Economic Security (CARES) Act and related
16federal guidance. Upon receipt of such funds, and
17appropriations for their use, the Department shall administer a
18Local Coronavirus Urgent Remediation Emergency (or Local CURE)
19Support Program to provide financial support to units of local
20government that have incurred necessary expenditures due to the
21COVID-19 public health emergency. The Department shall provide
22by rule the administrative framework for the Local CURE Support
23Program.
24    (b) Allocations. A portion of the funds appropriated for
25the Local CURE Support Program may be allotted to

 

 

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1municipalities and counties based on proportionate population.
2Units of local government, or portions thereof, located within
3the five Illinois counties that received direct allotments from
4the federal Coronavirus Relief Fund will not be included in the
5support program allotments. The Department may establish other
6administrative procedures for providing financial support to
7units of local government. Appropriated funds may be used for
8administration of the support program, including the hiring of
9a service provider to assist with coordination and
10administration.
11    (c) Administrative Procedures. The Department may
12establish administrative procedures for the support program,
13including any application procedures, grant agreements,
14certifications, payment methodologies, and other
15accountability measures that may be imposed upon recipients of
16funds under the grant program. Financial support may be
17provided in the form of grants or in the form of expense
18reimbursements for disaster-related expenditures. The
19emergency rulemaking process may be used to promulgate the
20initial rules of the grant program.
21    (d) Definitions. As used in this Section:
22        (1) "COVID-19" means the novel coronavirus virus
23    disease deemed COVID-19 by the World Health Organization on
24    February 11, 2020.
25        (2) "Local government" or "unit of local government"
26    means any unit of local government as defined in Article

 

 

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1    VII, Section 1 of the Illinois Constitution.
2        (3) "Third party administrator" means a service
3    provider selected by the Department to provide operational
4    assistance with the administration of the support program.
5    (e) Powers of the Department. The Department has the power
6to:
7        (1) Provide financial support to eligible units of
8    local government with funds appropriated from the Local
9    Coronavirus Urgent Remediation Emergency (Local CURE) Fund
10    to cover necessary costs incurred due to the COVID-19
11    public health emergency that are eligible to be paid using
12    federal funds from the Coronavirus Relief Fund.
13        (2) Enter into agreements, accept funds, issue grants
14    or expense reimbursements, and engage in cooperation with
15    agencies of the federal government and units of local
16    governments to carry out the purposes of this support
17    program, and to use funds appropriated from the Local
18    Coronavirus Urgent Remediation Emergency (Local CURE) Fund
19    fund upon such terms and conditions as may be established
20    by the federal government and the Department.
21        (3) Enter into agreements with third-party
22    administrators to assist the state with operational
23    assistance and administrative functions related to review
24    of documentation and processing of financial support
25    payments to units of local government.
26        (4) Establish applications, notifications, contracts,

 

 

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1    and procedures and adopt rules deemed necessary and
2    appropriate to carry out the provisions of this Section. To
3    provide for the expeditious and timely implementation of
4    this Act, emergency rules to implement any provision of
5    this Section may be adopted by the Department subject to
6    the provisions of Section 5-45 of the Illinois
7    Administrative Procedure Act.
8        (5) Provide staff, administration, and related support
9    required to manage the support program and pay for the
10    staffing, administration, and related support with funds
11    appropriated from the Local Coronavirus Urgent Remediation
12    Emergency (Local CURE) Fund.
13        (6) Exercise such other powers as are necessary or
14    incidental to the foregoing.
15    (f) Local CURE Financial Support to Local Governments. The
16Department is authorized to provide financial support to
17eligible units of local government including, but not limited
18to, certified local health departments for necessary costs
19incurred due to the COVID-19 public health emergency that are
20eligible to be paid using federal funds from the Coronavirus
21Relief Fund.
22        (1) Financial support funds may be used by a unit of
23    local government only for payment of costs that: (i) are
24    necessary expenditures incurred due to the public health
25    emergency of COVID-19; (ii) were not accounted for in the
26    most recent budget approved as of March 27, 2020 for the

 

 

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1    unit of local government; and (iii) were incurred between
2    March 1, 2020 and December 30, 2020.
3        (2) A unit of local government receiving financial
4    support funds under this program shall certify to the
5    Department that it shall use the funds in accordance with
6    the requirements of paragraph (1) and that any funds
7    received but not used for such purposes shall be repaid to
8    the Department.
9        (3) The Department shall make the determination to
10    provide financial support funds to a unit of local
11    government on the basis of criteria established by the
12    Department.
 
13    Section 3-15. The Department of Human Services Act is
14amended by changing Section 10-25 as follows:
 
15    (20 ILCS 1305/10-25)
16    Sec. 10-25. Women, Infants, and Children Nutrition
17Program.
18    (a) The Department shall participate in the Women, Infants
19and Children Nutrition program of the federal government to the
20maximum extent permitted by the federal appropriation and
21allocation to the State of Illinois. In order to efficiently
22process electronically issued WIC benefits, the Department may
23use an account held outside of the state treasury for the
24deposit and issuance of WIC benefits. The Department shall

 

 

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1report quarterly to the Governor and the General Assembly the
2status of obligations and expenditures of the WIC nutrition
3program appropriation and make recommendations on actions
4necessary to expend all available federal funds. Other
5appropriations and funds from any public or private source in
6addition to federal funds may be used by the Department for the
7purpose of maximum participation in the WIC nutrition program.
8    (b) The Department shall maintain a drug abuse education
9program for participants in the Women, Infants and Children
10Nutrition Program. The program shall include but need not be
11limited to (1) the provision of information concerning the
12dangers of drug abuse and (2) the referral of participants who
13are suspected drug abusers to drug abuse clinics, treatment
14programs, counselors or other drug abuse treatment providers.
15    (c) The Department shall cooperate with the Department of
16Public Health for purposes of the smoking cessation program for
17participants in the Women, Infants and Children Nutrition
18Program maintained by the Department of Public Health under
19Section 2310-435 of the Department of Public Health Powers and
20Duties Law (20 ILCS 2310/2310-435).
21    (d) The Department may contract with any bank as defined by
22the Illinois Banking Act to redeem bank drafts issued by the
23Department under the United States Department of Agriculture
24Special Supplemental Food Program for Women, Infants and
25Children (WIC). Any bank with which the Department has entered
26into a contract to redeem bank drafts may receive, pursuant to

 

 

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1an appropriation to the Department, an initial advance and
2periodic payment of funds for the Women, Infants and Children
3Program in amounts determined by the Secretary.
4Notwithstanding any other law, such funds shall be retained in
5a separate account by the bank. Any interest earned by monies
6in such account shall accrue to the USDA Women, Infants and
7Children Fund and shall be used exclusively for the redemption
8of bank drafts issued by the Department. WIC program food funds
9received by the bank from the Department shall be used
10exclusively for the redemption of bank drafts. The bank shall
11not use such food funds, or interest accrued thereon, for any
12other purpose including, but not limited to, reimbursement of
13administrative expenses or payments of administrative fees due
14the bank pursuant to its contract or contracts with the
15Department.
16    Such initial and periodic payments by the Department to the
17bank shall be effected, pursuant to an appropriation, in an
18amount needed for the redemption of bank drafts issued by the
19Department under the United States Department of Agriculture
20Special Supplemental Food Program for Women, Infants and
21Children in any initial or succeeding period. The State
22Comptroller shall, upon presentation by the Secretary of
23adequate certification of funds needed for redemption of bank
24drafts, promptly draw a warrant payable to the bank for deposit
25to the separate account of the bank. Such certification may be
26in magnetic tape or computer output form, indicating the amount

 

 

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1of the total payment made by the bank for the redemption of
2bank drafts from funds provided to the bank under this Section.
3    The separate account of the bank established under this
4Section, any payments to that account, and the use of such
5account and funds shall be subject to (1) audit by the
6Department or a private contractor authorized by the Department
7to conduct audits, including but not limited to such audits as
8may be required by State law, (2) audit by the federal
9government or a private contractor authorized by the federal
10government, and (3) post audit pursuant to the Illinois State
11Auditing Act.
12    (e) The Department may include a program of lactation
13support services as part of the benefits and services provided
14for pregnant and breast feeding participants in the Women,
15Infants and Children Nutrition Program. The program may include
16payment for breast pumps, breast shields, or any supply deemed
17essential for the successful maintenance of lactation, as well
18as lactation specialists who are registered nurses, licensed
19dietitians, or persons who have successfully completed a
20lactation management training program.
21    (f) The Department shall coordinate the operation of the
22Women, Infants and Children program with the Medicaid program
23by interagency agreement whereby each program provides
24information about the services offered by the other to
25applicants for services.
26(Source: P.A. 90-290, eff. 1-1-98; 91-239, eff. 1-1-00.)
 

 

 

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1    Section 3-20. The Department of Labor Law of the Civil
2Administrative Code of Illinois is amended by changing Section
31505-210 as follows:
 
4    (20 ILCS 1505/1505-210)
5    Sec. 1505-210. Funds. The Department has the authority to
6apply for, accept, receive, expend, and administer on behalf of
7the State any grants, gifts, bequests, loans, indirect cost
8reimbursements, funds, or anything else of value made available
9to the Department from any source for assistance with outreach
10activities related to the Department's enforcement efforts and
11staffing assistance for boards and commissions under the
12purview of the Department. Any federal indirect cost
13reimbursements received by the Department pursuant to this
14Section shall be deposited into the Department of Labor Federal
15Indirect Cost Fund, and such moneys shall be used only for the
16purposes for which they are allowed. Any other federal funds
17received by the Department pursuant to this Section shall be
18deposited in a trust fund with the State Treasurer and held and
19disbursed by him or her in accordance with the Treasurer as
20Custodian of Funds Act, provided that such moneys shall be used
21only for the purposes for which they are contributed and any
22balance remaining shall be returned to the contributor. The
23Department is authorized to promulgate such rules and enter
24into such contracts as it may deem necessary in carrying out

 

 

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1the provisions of this Section.
2(Source: P.A. 97-745, eff. 7-6-12; 98-463, eff. 8-16-13.)
 
3
ARTICLE 5. FINANCE CHAPTER AMENDATORY PROVISIONS

 
4    Section 5-5. The State Finance Act is amended by changing
5Sections 5h.5, 6z-45, 6z-57, 6z-63, 6z-70, 6z-100, 8.3, 8.12,
68g-1, 13.2, and 25 and by adding Sections 5.930, 5.931, 5.932,
75.933, 6z-120, 6z-121, and 6z-122 as follows:
 
8    (30 ILCS 105/5.930 new)
9    Sec. 5.930. The Department of Labor Federal Indirect Cost
10Fund.
 
11    (30 ILCS 105/5.931 new)
12    Sec. 5.931. The Disaster Response and Recovery Fund.
 
13    (30 ILCS 105/5.932 new)
14    Sec. 5.932. The State Coronavirus Urgent Remediation
15Emergency Fund.
 
16    (30 ILCS 105/5.933 new)
17    Sec. 5.933. The Local Coronavirus Urgent Remediation
18Emergency Fund.
 
19    (30 ILCS 105/5h.5)

 

 

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1    Sec. 5h.5. Cash flow borrowing and general funds liquidity;
2Fiscal Years 2018, 2019, 2020, and 2021.
3    (a) In order to meet cash flow deficits and to maintain
4liquidity in general funds and the Health Insurance Reserve
5Fund, on and after July 1, 2017 and through June 30 March 1,
62021, the State Treasurer and the State Comptroller, in
7consultation with the Governor's Office of Management and
8Budget, shall make transfers to general funds and the Health
9Insurance Reserve Fund, as directed by the State Comptroller,
10out of special funds of the State, to the extent allowed by
11federal law.
12    No such transfer may reduce the cumulative balance of all
13of the special funds of the State to an amount less than the
14total debt service payable during the 12 months immediately
15following the date of the transfer on any bonded indebtedness
16of the State and any certificates issued under the Short Term
17Borrowing Act. At no time shall the outstanding total transfers
18made from the special funds of the State to general funds and
19the Health Insurance Reserve Fund under this Section exceed
20$1,500,000,000 $1,200,000,000; once the amount of
21$1,500,000,000 $1,200,000,000 has been transferred from the
22special funds of the State to general funds and the Health
23Insurance Reserve Fund, additional transfers may be made from
24the special funds of the State to general funds and the Health
25Insurance Reserve Fund under this Section only to the extent
26that moneys have first been re-transferred from general funds

 

 

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1and the Health Insurance Reserve Fund to those special funds of
2the State. Notwithstanding any other provision of this Section,
3no such transfer may be made from any special fund that is
4exclusively collected by or directly appropriated to any other
5constitutional officer without the written approval of that
6constitutional officer.
7    (b) If moneys have been transferred to general funds and
8the Health Insurance Reserve Fund pursuant to subsection (a) of
9this Section, Public Act 100-23 shall constitute the continuing
10authority for and direction to the State Treasurer and State
11Comptroller to reimburse the funds of origin from general funds
12by transferring to the funds of origin, at such times and in
13such amounts as directed by the Comptroller when necessary to
14support appropriated expenditures from the funds, an amount
15equal to that transferred from them plus any interest that
16would have accrued thereon had the transfer not occurred,
17except that any moneys transferred pursuant to subsection (a)
18of this Section shall be repaid to the fund of origin within 48
19months after the date on which they were borrowed. When any of
20the funds from which moneys have been transferred pursuant to
21subsection (a) have insufficient cash from which the State
22Comptroller may make expenditures properly supported by
23appropriations from the fund, then the State Treasurer and
24State Comptroller shall transfer from general funds to the fund
25only such amount as is immediately necessary to satisfy
26outstanding expenditure obligations on a timely basis.

 

 

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1    (c) On the first day of each quarterly period in each
2fiscal year, until such time as a report indicates that all
3moneys borrowed and interest pursuant to this Section have been
4repaid, the Comptroller shall provide to the President and the
5Minority Leader of the Senate, the Speaker and the Minority
6Leader of the House of Representatives, and the Commission on
7Government Forecasting and Accountability a report on all
8transfers made pursuant to this Section in the prior quarterly
9period. The report must be provided in electronic format. The
10report must include all of the following:
11        (1) the date each transfer was made;
12        (2) the amount of each transfer;
13        (3) in the case of a transfer from general funds to a
14    fund of origin pursuant to subsection (b) of this Section,
15    the amount of interest being paid to the fund of origin;
16    and
17        (4) the end of day balance of the fund of origin, the
18    general funds, and the Health Insurance Reserve Fund on the
19    date the transfer was made.
20(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
21101-10, eff. 6-5-19.)
 
22    (30 ILCS 105/6z-45)
23    Sec. 6z-45. The School Infrastructure Fund.
24    (a) The School Infrastructure Fund is created as a special
25fund in the State Treasury.

 

 

HB0357 Enrolled- 22 -LRB101 05160 RJF 50172 b

1    In addition to any other deposits authorized by law,
2beginning January 1, 2000, on the first day of each month, or
3as soon thereafter as may be practical, the State Treasurer and
4State Comptroller shall transfer the sum of $5,000,000 from the
5General Revenue Fund to the School Infrastructure Fund, except
6that, notwithstanding any other provision of law, and in
7addition to any other transfers that may be provided for by
8law, before June 30, 2012, the Comptroller and the Treasurer
9shall transfer $45,000,000 from the General Revenue Fund into
10the School Infrastructure Fund, and, for fiscal year 2013 only,
11the Treasurer and the Comptroller shall transfer $1,250,000
12from the General Revenue Fund to the School Infrastructure Fund
13on the first day of each month; provided, however, that no such
14transfers shall be made from July 1, 2001 through June 30,
152003.
16    (a-5) Money in the School Infrastructure Fund may be used
17to pay the expenses of the State Board of Education, the
18Governor's Office of Management and Budget, and the Capital
19Development Board in administering programs under the School
20Construction Law, the total expenses not to exceed $1,315,000
21in any fiscal year.
22    (b) Subject to the transfer provisions set forth below,
23money in the School Infrastructure Fund shall, if and when the
24State of Illinois incurs any bonded indebtedness for the
25construction of school improvements under subsection (e) of
26Section 5 of the General Obligation Bond Act, be set aside and

 

 

HB0357 Enrolled- 23 -LRB101 05160 RJF 50172 b

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

 

 

HB0357 Enrolled- 24 -LRB101 05160 RJF 50172 b

1payable on variable rate bonds shall be calculated at the
2maximum rate of interest that may be payable for the relevant
3period, after taking into account any credits permitted in the
4related indenture or other instrument against the amount of
5such interest required to be appropriated for that period.
6Interest for which moneys have already been deposited into the
7capitalized interest account within the General Obligation
8Bond Retirement and Interest Fund shall not be included in the
9calculation of the amounts to be transferred under this
10subsection.
11    (b-5) The money deposited into the School Infrastructure
12Fund from transfers pursuant to subsections (c-30) and (c-35)
13of Section 13 of the Illinois Gambling Act shall be applied,
14without further direction, as provided in subsection (b-3) of
15Section 5-35 of the School Construction Law.
16    (b-7) In fiscal year 2021 only, of the surplus, if any, in
17the School Infrastructure Fund after payments made pursuant to
18subsections (a-5), (b), and (b-5) of this Section, $20,000,000
19shall be transferred to the General Revenue Fund.
20    (c) The surplus, if any, in the School Infrastructure Fund
21after payments made pursuant to subsections (a-5), (b), and
22(b-5), and (b-7) of this Section shall, subject to
23appropriation, be used as follows:
24    First - to make 3 payments to the School Technology
25Revolving Loan Fund as follows:
26        Transfer of $30,000,000 in fiscal year 1999;

 

 

HB0357 Enrolled- 25 -LRB101 05160 RJF 50172 b

1        Transfer of $20,000,000 in fiscal year 2000; and
2        Transfer of $10,000,000 in fiscal year 2001.
3    Second - to pay any amounts due for grants for school
4construction projects and debt service under the School
5Construction Law.
6    Third - to pay any amounts due for grants for school
7maintenance projects under the School Construction Law.
8(Source: P.A. 100-23, eff. 7-6-17; 101-31, eff. 6-28-19.)
 
9    (30 ILCS 105/6z-57)
10    Sec. 6z-57. The Presidential Library and Museum Operating
11Fund.
12    (a) There is created in the State treasury a special fund
13to be known as the Presidential Library and Museum Operating
14Fund. All moneys received by the Abraham Lincoln Presidential
15Library and Museum from admission fees, retail sales, and
16registration fees from conferences and other educational
17programs shall be deposited into the Fund. The fund may also
18receive transfers, awards, deposits or other funds made
19available from any public or private source to support the
20operations and programming of the Abraham Lincoln Presidential
21Library and Museum. In addition, money shall be deposited into
22the Fund as provided by law.
23    (b) Money in the Fund may be used, subject to
24appropriation, for the operational support of the Abraham
25Lincoln Presidential Library and Museum and for programs

 

 

HB0357 Enrolled- 26 -LRB101 05160 RJF 50172 b

1related to the Presidential Library and Museum at public
2institutions of higher education.
3    (c) The Presidential Library and Museum Operating Fund is
4not subject to administrative charges or charge-backs,
5including but not limited to those authorized under Section 8h
6of the State Finance Act.
7(Source: P.A. 96-1312, eff. 7-27-10.)
 
8    (30 ILCS 105/6z-63)
9    Sec. 6z-63. The Professional Services Fund.
10    (a) The Professional Services Fund is created as a
11revolving fund in the State treasury. The following moneys
12shall be deposited into the Fund:
13        (1) amounts authorized for transfer to the Fund from
14    the General Revenue Fund and other State funds (except for
15    funds classified by the Comptroller as federal trust funds
16    or State trust funds) pursuant to State law or Executive
17    Order;
18        (2) federal funds received by the Department of Central
19    Management Services (the "Department") as a result of
20    expenditures from the Fund;
21        (3) interest earned on moneys in the Fund; and
22        (4) receipts or inter-fund transfers resulting from
23    billings issued by the Department to State agencies for the
24    cost of professional services rendered by the Department
25    that are not compensated through the specific fund

 

 

HB0357 Enrolled- 27 -LRB101 05160 RJF 50172 b

1    transfers authorized by this Section.
2    (b) Moneys in the Fund may be used by the Department for
3reimbursement or payment for:
4        (1) providing professional services to State agencies
5    or other State entities;
6        (2) rendering other services to State agencies at the
7    Governor's direction or to other State entities upon
8    agreement between the Director of Central Management
9    Services and the appropriate official or governing body of
10    the other State entity; or
11        (3) providing for payment of administrative and other
12    expenses incurred by the Department in providing
13    professional services.
14    Beginning in fiscal year 2021, moneys in the Fund may also
15be appropriated to and used by the Executive Ethics Commission
16for oversight and administration and by the Chief Procurement
17Officer for general services and operation of the BidBuy system
18previously administered by the Department.
19    (c) State agencies or other State entities may direct the
20Comptroller to process inter-fund transfers or make payment
21through the voucher and warrant process to the Professional
22Services Fund in satisfaction of billings issued under
23subsection (a) of this Section.
24    (d) Reconciliation. For the fiscal year beginning on July
251, 2004 only, the Director of Central Management Services (the
26"Director") shall order that each State agency's payments and

 

 

HB0357 Enrolled- 28 -LRB101 05160 RJF 50172 b

1transfers made to the Fund be reconciled with actual Fund costs
2for professional services provided by the Department on no less
3than an annual basis. The Director may require reports from
4State agencies as deemed necessary to perform this
5reconciliation.
6    (e) (Blank). The following amounts are authorized for
7transfer into the Professional Services Fund for the fiscal
8year beginning July 1, 2004:
9    General Revenue Fund...........................$5,440,431
10    Road Fund........................................$814,468
11    Motor Fuel Tax Fund..............................$263,500
12    Child Support Administrative Fund................$234,013
13    Professions Indirect Cost Fund...................$276,800
14    Capital Development Board Revolving Fund.........$207,610
15    Bank & Trust Company Fund........................$200,214
16    State Lottery Fund...............................$193,691
17    Insurance Producer Administration Fund...........$174,672
18    Insurance Financial Regulation Fund..............$168,327
19    Illinois Clean Water Fund........................$124,675
20    Clean Air Act (CAA) Permit Fund...................$91,803
21    Statistical Services Revolving Fund...............$90,959
22    Financial Institution Fund.......................$109,428
23    Horse Racing Fund.................................$71,127
24    Health Insurance Reserve Fund.....................$66,577
25    Solid Waste Management Fund.......................$61,081
26    Guardianship and Advocacy Fund.....................$1,068

 

 

HB0357 Enrolled- 29 -LRB101 05160 RJF 50172 b

1    Agricultural Premium Fund............................$493
2    Wildlife and Fish Fund...............................$247
3    Radiation Protection Fund.........................$33,277
4    Nuclear Safety Emergency Preparedness Fund........$25,652
5    Tourism Promotion Fund.............................$6,814
6    All of these transfers shall be made on July 1, 2004, or as
7soon thereafter as practical. These transfers shall be made
8notwithstanding any other provision of State law to the
9contrary.
10    (e-5) (Blank). Notwithstanding any other provision of
11State law to the contrary, on or after July 1, 2005 and through
12June 30, 2006, in addition to any other transfers that may be
13provided for by law, at the direction of and upon notification
14from the Director of Central Management Services, the State
15Comptroller shall direct and the State Treasurer shall transfer
16amounts into the Professional Services Fund from the designated
17funds not exceeding the following totals:
18    Food and Drug Safety Fund..........................$3,249
19    Financial Institution Fund........................$12,942
20    General Professions Dedicated Fund.................$8,579
21    Illinois Department of Agriculture
22        Laboratory Services Revolving Fund...........$1,963
23    Illinois Veterans' Rehabilitation Fund............$11,275
24    State Boating Act Fund............................$27,000
25    State Parks Fund..................................$22,007
26    Agricultural Premium Fund.........................$59,483

 

 

HB0357 Enrolled- 30 -LRB101 05160 RJF 50172 b

1    Fire Prevention Fund..............................$29,862
2    Mental Health Fund................................$78,213
3    Illinois State Pharmacy Disciplinary Fund..........$2,744
4    Radiation Protection Fund.........................$16,034
5    Solid Waste Management Fund.......................$37,669
6    Illinois Gaming Law Enforcement Fund...............$7,260
7    Subtitle D Management Fund.........................$4,659
8    Illinois State Medical Disciplinary Fund...........$8,602
9    Department of Children and
10        Family Services Training Fund.................$29,906
11    Facility Licensing Fund............................$1,083
12    Youth Alcoholism and Substance
13        Abuse Prevention Fund..........................$2,783
14    Plugging and Restoration Fund......................$1,105
15    State Crime Laboratory Fund........................$1,353
16    Motor Vehicle Theft Prevention Trust Fund..........$9,190
17    Weights and Measures Fund..........................$4,932
18    Solid Waste Management Revolving
19        Loan Fund......................................$2,735
20    Illinois School Asbestos Abatement Fund............$2,166
21    Violence Prevention Fund...........................$5,176
22    Capital Development Board Revolving Fund..........$14,777
23    DCFS Children's Services Fund..................$1,256,594
24    State Police DUI Fund..............................$1,434
25    Illinois Health Facilities Planning Fund...........$3,191
26    Emergency Public Health Fund.......................$7,996

 

 

HB0357 Enrolled- 31 -LRB101 05160 RJF 50172 b

1    Fair and Exposition Fund...........................$3,732
2    Nursing Dedicated and Professional Fund............$5,792
3    Optometric Licensing and Disciplinary Board Fund...$1,032
4    Underground Resources Conservation Enforcement Fund.$1,221
5    State Rail Freight Loan Repayment Fund.............$6,434
6    Drunk and Drugged Driving Prevention Fund..........$5,473
7    Illinois Affordable Housing Trust Fund...........$118,222
8    Community Water Supply Laboratory Fund............$10,021
9    Used Tire Management Fund.........................$17,524
10    Natural Areas Acquisition Fund....................$15,501
11    Open Space Lands Acquisition
12        and Development Fund..........................$49,105
13    Working Capital Revolving Fund...................$126,344
14    State Garage Revolving Fund.......................$92,513
15    Statistical Services Revolving Fund..............$181,949
16    Paper and Printing Revolving Fund..................$3,632
17    Air Transportation Revolving Fund..................$1,969
18    Communications Revolving Fund....................$304,278
19    Environmental Laboratory Certification Fund........$1,357
20    Public Health Laboratory Services Revolving Fund...$5,892
21    Provider Inquiry Trust Fund........................$1,742
22    Lead Poisoning Screening,
23        Prevention, and Abatement Fund.................$8,200
24    Drug Treatment Fund...............................$14,028
25    Feed Control Fund..................................$2,472
26    Plumbing Licensure and Program Fund................$3,521

 

 

HB0357 Enrolled- 32 -LRB101 05160 RJF 50172 b

1    Insurance Premium Tax Refund Fund..................$7,872
2    Tax Compliance and Administration Fund.............$5,416
3    Appraisal Administration Fund......................$2,924
4    Trauma Center Fund................................$40,139
5    Alternate Fuels Fund...............................$1,467
6    Illinois State Fair Fund..........................$13,844
7    State Asset Forfeiture Fund........................$8,210
8    Federal Asset Forfeiture Fund......................$6,471
9    Department of Corrections Reimbursement
10        and Education Fund............................$78,965
11    Health Facility Plan Review Fund...................$3,444
12    LEADS Maintenance Fund.............................$6,075
13    State Offender DNA Identification
14        System Fund....................................$1,712
15    Illinois Historic Sites Fund.......................$4,511
16    Public Pension Regulation Fund.....................$2,313
17    Workforce, Technology, and Economic
18        Development Fund...............................$5,357
19    Renewable Energy Resources Trust Fund.............$29,920
20    Energy Efficiency Trust Fund.......................$8,368
21    Pesticide Control Fund.............................$6,687
22    Conservation 2000 Fund............................$30,764
23    Wireless Carrier Reimbursement Fund...............$91,024
24    International Tourism Fund........................$13,057
25    Public Transportation Fund.......................$701,837
26    Horse Racing Fund.................................$18,589

 

 

HB0357 Enrolled- 33 -LRB101 05160 RJF 50172 b

1    Death Certificate Surcharge Fund...................$1,901
2    State Police Wireless Service
3        Emergency Fund.................................$1,012
4    Downstate Public Transportation Fund.............$112,085
5    Motor Carrier Safety Inspection Fund...............$6,543
6    State Police Whistleblower Reward
7        and Protection Fund............................$1,894
8    Illinois Standardbred Breeders Fund................$4,412
9    Illinois Thoroughbred Breeders Fund................$6,635
10    Illinois Clean Water Fund.........................$17,579
11    Independent Academic Medical Center Fund...........$5,611
12    Child Support Administrative Fund................$432,527
13    Corporate Headquarters Relocation
14        Assistance Fund................................$4,047
15    Local Initiative Fund.............................$58,762
16    Tourism Promotion Fund............................$88,072
17    Digital Divide Elimination Fund...................$11,593
18    Presidential Library and Museum Operating Fund.....$4,624
19    Metro-East Public Transportation Fund.............$47,787
20    Medical Special Purposes Trust Fund...............$11,779
21    Dram Shop Fund....................................$11,317
22    Illinois State Dental Disciplinary Fund............$1,986
23    Hazardous Waste Research Fund......................$1,333
24    Real Estate License Administration Fund...........$10,886
25    Traffic and Criminal Conviction
26        Surcharge Fund................................$44,798

 

 

HB0357 Enrolled- 34 -LRB101 05160 RJF 50172 b

1    Criminal Justice Information
2        Systems Trust Fund.............................$5,693
3    Design Professionals Administration
4        and Investigation Fund.........................$2,036
5    State Surplus Property Revolving Fund..............$6,829
6    Illinois Forestry Development Fund.................$7,012
7    State Police Services Fund........................$47,072
8    Youth Drug Abuse Prevention Fund...................$1,299
9    Metabolic Screening and Treatment Fund............$15,947
10    Insurance Producer Administration Fund............$30,870
11    Coal Technology Development Assistance Fund.......$43,692
12    Rail Freight Loan Repayment Fund...................$1,016
13    Low-Level Radioactive Waste
14        Facility Development and Operation Fund......$1,989
15    Environmental Protection Permit and Inspection Fund.$32,125
16    Park and Conservation Fund........................$41,038
17    Local Tourism Fund................................$34,492
18    Illinois Capital Revolving Loan Fund..............$10,624
19    Illinois Equity Fund...............................$1,929
20    Large Business Attraction Fund.....................$5,554
21    Illinois Beach Marina Fund.........................$5,053
22    International and Promotional Fund.................$1,466
23    Public Infrastructure Construction
24        Loan Revolving Fund............................$3,111
25    Insurance Financial Regulation Fund...............$42,575
26    Total                                          $4,975,487

 

 

HB0357 Enrolled- 35 -LRB101 05160 RJF 50172 b

1    (e-7) (Blank). Notwithstanding any other provision of
2State law to the contrary, on or after July 1, 2006 and through
3June 30, 2007, in addition to any other transfers that may be
4provided for by law, at the direction of and upon notification
5from the Director of Central Management Services, the State
6Comptroller shall direct and the State Treasurer shall transfer
7amounts into the Professional Services Fund from the designated
8funds not exceeding the following totals:
9    Food and Drug Safety Fund..........................$3,300
10    Financial Institution Fund........................$13,000
11    General Professions Dedicated Fund.................$8,600
12    Illinois Department of Agriculture
13        Laboratory Services Revolving Fund.............$2,000
14    Illinois Veterans' Rehabilitation Fund............$11,300
15    State Boating Act Fund............................$27,200
16    State Parks Fund..................................$22,100
17    Agricultural Premium Fund.........................$59,800
18    Fire Prevention Fund..............................$30,000
19    Mental Health Fund................................$78,700
20    Illinois State Pharmacy Disciplinary Fund..........$2,800
21    Radiation Protection Fund.........................$16,100
22    Solid Waste Management Fund.......................$37,900
23    Illinois Gaming Law Enforcement Fund...............$7,300
24    Subtitle D Management Fund.........................$4,700
25    Illinois State Medical Disciplinary Fund...........$8,700
26    Facility Licensing Fund............................$1,100

 

 

HB0357 Enrolled- 36 -LRB101 05160 RJF 50172 b

1    Youth Alcoholism and
2        Substance Abuse Prevention Fund................$2,800
3    Plugging and Restoration Fund......................$1,100
4    State Crime Laboratory Fund........................$1,400
5    Motor Vehicle Theft Prevention Trust Fund..........$9,200
6    Weights and Measures Fund..........................$5,000
7    Illinois School Asbestos Abatement Fund............$2,200
8    Violence Prevention Fund...........................$5,200
9    Capital Development Board Revolving Fund..........$14,900
10    DCFS Children's Services Fund..................$1,294,000
11    State Police DUI Fund..............................$1,400
12    Illinois Health Facilities Planning Fund...........$3,200
13    Emergency Public Health Fund.......................$8,000
14    Fair and Exposition Fund...........................$3,800
15    Nursing Dedicated and Professional Fund............$5,800
16    Optometric Licensing and Disciplinary Board Fund...$1,000
17    Underground Resources Conservation
18        Enforcement Fund...............................$1,200
19    State Rail Freight Loan Repayment Fund.............$6,500
20    Drunk and Drugged Driving Prevention Fund..........$5,500
21    Illinois Affordable Housing Trust Fund...........$118,900
22    Community Water Supply Laboratory Fund............$10,100
23    Used Tire Management Fund.........................$17,600
24    Natural Areas Acquisition Fund....................$15,600
25    Open Space Lands Acquisition
26        and Development Fund..........................$49,400

 

 

HB0357 Enrolled- 37 -LRB101 05160 RJF 50172 b

1    Working Capital Revolving Fund...................$127,100
2    State Garage Revolving Fund.......................$93,100
3    Statistical Services Revolving Fund..............$183,000
4    Paper and Printing Revolving Fund..................$3,700
5    Air Transportation Revolving Fund..................$2,000
6    Communications Revolving Fund....................$306,100
7    Environmental Laboratory Certification Fund........$1,400
8    Public Health Laboratory Services
9        Revolving Fund.................................$5,900
10    Provider Inquiry Trust Fund........................$1,800
11    Lead Poisoning Screening, Prevention,
12        and Abatement Fund.............................$8,200
13    Drug Treatment Fund...............................$14,100
14    Feed Control Fund..................................$2,500
15    Plumbing Licensure and Program Fund................$3,500
16    Insurance Premium Tax Refund Fund..................$7,900
17    Tax Compliance and Administration Fund.............$5,400
18    Appraisal Administration Fund......................$2,900
19    Trauma Center Fund................................$40,400
20    Alternate Fuels Fund...............................$1,500
21    Illinois State Fair Fund..........................$13,900
22    State Asset Forfeiture Fund........................$8,300
23    Department of Corrections
24        Reimbursement and Education Fund..............$79,400
25    Health Facility Plan Review Fund...................$3,500
26    LEADS Maintenance Fund.............................$6,100

 

 

HB0357 Enrolled- 38 -LRB101 05160 RJF 50172 b

1    State Offender DNA Identification System Fund......$1,700
2    Illinois Historic Sites Fund.......................$4,500
3    Public Pension Regulation Fund.....................$2,300
4    Workforce, Technology, and Economic
5        Development Fund...............................$5,400
6    Renewable Energy Resources Trust Fund.............$30,100
7    Energy Efficiency Trust Fund.......................$8,400
8    Pesticide Control Fund.............................$6,700
9    Conservation 2000 Fund............................$30,900
10    Wireless Carrier Reimbursement Fund...............$91,600
11    International Tourism Fund........................$13,100
12    Public Transportation Fund.......................$705,900
13    Horse Racing Fund.................................$18,700
14    Death Certificate Surcharge Fund...................$1,900
15    State Police Wireless Service Emergency Fund.......$1,000
16    Downstate Public Transportation Fund.............$112,700
17    Motor Carrier Safety Inspection Fund...............$6,600
18    State Police Whistleblower
19        Reward and Protection Fund.....................$1,900
20    Illinois Standardbred Breeders Fund................$4,400
21    Illinois Thoroughbred Breeders Fund................$6,700
22    Illinois Clean Water Fund.........................$17,700
23    Child Support Administrative Fund................$435,100
24    Tourism Promotion Fund............................$88,600
25    Digital Divide Elimination Fund...................$11,700
26    Presidential Library and Museum Operating Fund.....$4,700

 

 

HB0357 Enrolled- 39 -LRB101 05160 RJF 50172 b

1    Metro-East Public Transportation Fund.............$48,100
2    Medical Special Purposes Trust Fund...............$11,800
3    Dram Shop Fund....................................$11,400
4    Illinois State Dental Disciplinary Fund............$2,000
5    Hazardous Waste Research Fund......................$1,300
6    Real Estate License Administration Fund...........$10,900
7    Traffic and Criminal Conviction Surcharge Fund....$45,100
8    Criminal Justice Information Systems Trust Fund....$5,700
9    Design Professionals Administration
10        and Investigation Fund.........................$2,000
11    State Surplus Property Revolving Fund..............$6,900
12    State Police Services Fund........................$47,300
13    Youth Drug Abuse Prevention Fund...................$1,300
14    Metabolic Screening and Treatment Fund............$16,000
15    Insurance Producer Administration Fund............$31,100
16    Coal Technology Development Assistance Fund.......$43,900
17    Low-Level Radioactive Waste Facility
18        Development and Operation Fund.................$2,000
19    Environmental Protection Permit
20        and Inspection Fund...........................$32,300
21    Park and Conservation Fund........................$41,300
22    Local Tourism Fund................................$34,700
23    Illinois Capital Revolving Loan Fund..............$10,700
24    Illinois Equity Fund...............................$1,900
25    Large Business Attraction Fund.....................$5,600
26    Illinois Beach Marina Fund.........................$5,100

 

 

HB0357 Enrolled- 40 -LRB101 05160 RJF 50172 b

1    International and Promotional Fund.................$1,500
2    Public Infrastructure Construction
3        Loan Revolving Fund............................$3,100
4    Insurance Financial Regulation Fund...............$42,800
5    Total                                          $4,918,200
6    (e-10) (Blank). Notwithstanding any other provision of
7State law to the contrary and in addition to any other
8transfers that may be provided for by law, on the first day of
9each calendar quarter of the fiscal year beginning July 1,
102005, or as soon as may be practical thereafter, the State
11Comptroller shall direct and the State Treasurer shall transfer
12from each designated fund into the Professional Services Fund
13amounts equal to one-fourth of each of the following totals:
14    General Revenue Fund...........................$4,440,000
15    Road Fund......................................$5,324,411
16    Total                                          $9,764,411
17    (e-15) (Blank). Notwithstanding any other provision of
18State law to the contrary and in addition to any other
19transfers that may be provided for by law, the State
20Comptroller shall direct and the State Treasurer shall transfer
21from the funds specified into the Professional Services Fund
22according to the schedule specified herein as follows:
23    General Revenue Fund...........................$4,466,000
24    Road Fund......................................$5,355,500
25    Total                                          $9,821,500
26    One-fourth of the specified amount shall be transferred on

 

 

HB0357 Enrolled- 41 -LRB101 05160 RJF 50172 b

1each of July 1 and October 1, 2006, or as soon as may be
2practical thereafter, and one-half of the specified amount
3shall be transferred on January 1, 2007, or as soon as may be
4practical thereafter.
5    (e-20) (Blank). Notwithstanding any other provision of
6State law to the contrary, on or after July 1, 2010 and through
7June 30, 2011, in addition to any other transfers that may be
8provided for by law, at the direction of and upon notification
9from the Director of Central Management Services, the State
10Comptroller shall direct and the State Treasurer shall transfer
11amounts into the Professional Services Fund from the designated
12funds not exceeding the following totals:
13    Grade Crossing Protection Fund....................$55,300
14    Financial Institution Fund........................$10,000
15    General Professions Dedicated Fund................$11,600
16    Illinois Veterans' Rehabilitation Fund............$10,800
17    State Boating Act Fund............................$23,500
18    State Parks Fund..................................$21,200
19    Agricultural Premium Fund.........................$55,400
20    Fire Prevention Fund..............................$46,100
21    Mental Health Fund................................$45,200
22    Illinois State Pharmacy Disciplinary Fund............$300
23    Radiation Protection Fund.........................$12,900
24    Solid Waste Management Fund.......................$48,100
25    Illinois Gaming Law Enforcement Fund...............$2,900
26    Subtitle D Management Fund.........................$6,300

 

 

HB0357 Enrolled- 42 -LRB101 05160 RJF 50172 b

1    Illinois State Medical Disciplinary Fund...........$9,200
2    Weights and Measures Fund..........................$6,700
3    Violence Prevention Fund...........................$4,000
4    Capital Development Board Revolving Fund...........$7,900
5    DCFS Children's Services Fund....................$804,800
6    Illinois Health Facilities Planning Fund...........$4,000
7    Emergency Public Health Fund.......................$7,600
8    Nursing Dedicated and Professional Fund............$5,600
9    State Rail Freight Loan Repayment Fund.............$1,700
10    Drunk and Drugged Driving Prevention Fund..........$4,600
11    Community Water Supply Laboratory Fund.............$3,100
12    Used Tire Management Fund.........................$15,200
13    Natural Areas Acquisition Fund....................$33,400
14    Open Space Lands Acquisition
15        and Development Fund..........................$62,100
16    Working Capital Revolving Fund....................$91,700
17    State Garage Revolving Fund.......................$89,600
18    Statistical Services Revolving Fund..............$277,700
19    Communications Revolving Fund....................$248,100
20    Facilities Management Revolving Fund.............$472,600
21    Public Health Laboratory Services
22        Revolving Fund.................................$5,900
23    Lead Poisoning Screening, Prevention,
24        and Abatement Fund.............................$7,900
25    Drug Treatment Fund................................$8,700
26    Tax Compliance and Administration Fund.............$8,300

 

 

HB0357 Enrolled- 43 -LRB101 05160 RJF 50172 b

1    Trauma Center Fund................................$34,800
2    Illinois State Fair Fund..........................$12,700
3    Department of Corrections
4        Reimbursement and Education Fund..............$77,600
5    Illinois Historic Sites Fund.......................$4,200
6    Pesticide Control Fund.............................$7,000
7    Partners for Conservation Fund....................$25,000
8    International Tourism Fund........................$14,100
9    Horse Racing Fund.................................$14,800
10    Motor Carrier Safety Inspection Fund...............$4,500
11    Illinois Standardbred Breeders Fund................$3,400
12    Illinois Thoroughbred Breeders Fund................$5,200
13    Illinois Clean Water Fund.........................$19,400
14    Child Support Administrative Fund................$398,000
15    Tourism Promotion Fund............................$75,300
16    Digital Divide Elimination Fund...................$11,800
17    Presidential Library and Museum Operating Fund....$25,900
18    Medical Special Purposes Trust Fund...............$10,800
19    Dram Shop Fund....................................$12,700
20    Cycle Rider Safety Training Fund...................$7,100
21    State Police Services Fund........................$43,600
22    Metabolic Screening and Treatment Fund............$23,900
23    Insurance Producer Administration Fund............$16,800
24    Coal Technology Development Assistance Fund.......$43,700
25    Environmental Protection Permit
26        and Inspection Fund...........................$21,600

 

 

HB0357 Enrolled- 44 -LRB101 05160 RJF 50172 b

1    Park and Conservation Fund........................$38,100
2    Local Tourism Fund................................$31,800
3    Illinois Capital Revolving Loan Fund...............$5,800
4    Large Business Attraction Fund.......................$300
5    Adeline Jay Geo-Karis Illinois
6        Beach Marina Fund..............................$5,000
7    Insurance Financial Regulation Fund...............$23,000
8    Total                                          $3,547,900
9    (e-25) (Blank). Notwithstanding any other provision of
10State law to the contrary and in addition to any other
11transfers that may be provided for by law, the State
12Comptroller shall direct and the State Treasurer shall transfer
13from the funds specified into the Professional Services Fund
14according to the schedule specified as follows:
15    General Revenue Fund...........................$4,600,000
16    Road Fund......................................$4,852,500
17    Total                                          $9,452,500
18    One fourth of the specified amount shall be transferred on
19each of July 1 and October 1, 2010, or as soon as may be
20practical thereafter, and one half of the specified amount
21shall be transferred on January 1, 2011, or as soon as may be
22practical thereafter.
23    (e-30) (Blank). Notwithstanding any other provision of
24State law to the contrary and in addition to any other
25transfers that may be provided for by law, the State
26Comptroller shall direct and the State Treasurer shall transfer

 

 

HB0357 Enrolled- 45 -LRB101 05160 RJF 50172 b

1from the funds specified into the Professional Services Fund
2according to the schedule specified as follows:
3    General Revenue Fund...........................$4,600,000
4    One-fourth of the specified amount shall be transferred on
5each of July 1 and October 1, 2011, or as soon as may be
6practical thereafter, and one-half of the specified amount
7shall be transferred on January 1, 2012, or as soon as may be
8practical thereafter.
9    (e-35) (Blank). Notwithstanding any other provision of
10State law to the contrary, on or after July 1, 2013 and through
11June 30, 2014, in addition to any other transfers that may be
12provided for by law, at the direction of and upon notification
13from the Director of Central Management Services, the State
14Comptroller shall direct and the State Treasurer shall transfer
15amounts into the Professional Services Fund from the designated
16funds not exceeding the following totals:
17    Financial Institution Fund.........................$2,500
18    General Professions Dedicated Fund.................$2,000
19    Illinois Veterans' Rehabilitation Fund.............$2,300
20    State Boating Act Fund.............................$5,500
21    State Parks Fund...................................$4,800
22    Agricultural Premium Fund..........................$9,900
23    Fire Prevention Fund..............................$10,300
24    Mental Health Fund................................$14,000
25    Illinois State Pharmacy Disciplinary Fund............$600
26    Radiation Protection Fund..........................$3,400

 

 

HB0357 Enrolled- 46 -LRB101 05160 RJF 50172 b

1    Solid Waste Management Fund........................$7,600
2    Illinois Gaming Law Enforcement Fund.................$800
3    Subtitle D Management Fund...........................$700
4    Illinois State Medical Disciplinary Fund...........$2,000
5    Weights and Measures Fund.........................$20,300
6    ICJIA Violence Prevention Fund.......................$900
7    Capital Development Board Revolving Fund...........$3,100
8    DCFS Children's Services Fund....................$175,500
9    Illinois Health Facilities Planning Fund.............$800
10    Emergency Public Health Fund.......................$1,400
11    Nursing Dedicated and Professional Fund............$1,200
12    State Rail Freight Loan Repayment Fund.............$2,300
13    Drunk and Drugged Driving Prevention Fund............$800
14    Community Water Supply Laboratory Fund...............$500
15    Used Tire Management Fund..........................$2,700
16    Natural Areas Acquisition Fund.....................$3,000
17    Open Space Lands Acquisition and Development Fund..$7,300
18    Working Capital Revolving Fund....................$22,900
19    State Garage Revolving Fund.......................$22,100
20    Statistical Services Revolving Fund...............$67,100
21    Communications Revolving Fund.....................$56,900
22    Facilities Management Revolving Fund..............$84,400
23    Public Health Laboratory Services Revolving Fund ....$300
24    Lead Poisoning Screening, Prevention, and
25        Abatement Fund.................................$1,300
26    Tax Compliance and Administration Fund.............$1,700

 

 

HB0357 Enrolled- 47 -LRB101 05160 RJF 50172 b

1    Illinois State Fair Fund...........................$2,300
2    Department of Corrections Reimbursement
3        and Education Fund............................$14,700
4    Illinois Historic Sites Fund.........................$900
5    Pesticide Control Fund.............................$2,000
6    Partners for Conservation Fund.....................$3,300
7    International Tourism Fund.........................$1,200
8    Horse Racing Fund..................................$3,100
9    Motor Carrier Safety Inspection Fund...............$1,000
10    Illinois Thoroughbred Breeders Fund................$1,000
11    Illinois Clean Water Fund..........................$7,400
12    Child Support Administrative Fund.................$82,100
13    Tourism Promotion Fund............................$15,200
14    Presidential Library and Museum
15        Operating Fund.................................$4,600
16    Dram Shop Fund.....................................$3,200
17    Cycle Rider Safety Training Fund...................$2,100
18    State Police Services Fund.........................$8,500
19    Metabolic Screening and Treatment Fund.............$6,000
20    Insurance Producer Administration Fund.............$6,700
21    Coal Technology Development Assistance Fund........$6,900
22    Environmental Protection Permit
23        and Inspection Fund ...........................$3,800
24    Park and Conservation Fund.........................$7,500
25    Local Tourism Fund.................................$5,100
26    Illinois Capital Revolving Loan Fund.................$400

 

 

HB0357 Enrolled- 48 -LRB101 05160 RJF 50172 b

1    Adeline Jay Geo-Karis Illinois
2        Beach Marina Fund ...............................$500
3    Insurance Financial Regulation Fund................$8,200
4    Total                                            $740,600
5    (e-40) (Blank). Notwithstanding any other provision of
6State law to the contrary and in addition to any other
7transfers that may be provided for by law, the State
8Comptroller shall direct and the State Treasurer shall transfer
9from the funds specified into the Professional Services Fund
10according to the schedule specified as follows:
11    General Revenue Fund...........................$6,000,000
12    Road Fund......................................$1,161,700
13    Total                                          $7,161,700
14    (e-45) (Blank). Notwithstanding any other provision of
15State law to the contrary, on or after July 1, 2014 and through
16June 30, 2015, in addition to any other transfers that may be
17provided for by law, at the direction of and upon notification
18from the Director of Central Management Services, the State
19Comptroller shall direct and the State Treasurer shall transfer
20amounts into the Professional Services Fund from the designated
21funds not exceeding the following totals:
22    Financial Institution Fund.........................$2,500
23    General Professions Dedicated Fund.................$2,000
24    Illinois Veterans' Rehabilitation Fund.............$2,300
25    State Boating Act Fund.............................$5,500
26    State Parks Fund...................................$4,800

 

 

HB0357 Enrolled- 49 -LRB101 05160 RJF 50172 b

1    Agricultural Premium Fund..........................$9,900
2    Fire Prevention Fund..............................$10,300
3    Mental Health Fund................................$14,000
4    Illinois State Pharmacy Disciplinary Fund............$600
5    Radiation Protection Fund..........................$3,400
6    Solid Waste Management Fund........................$7,600
7    Illinois Gaming Law Enforcement Fund.................$800
8    Subtitle D Management Fund...........................$700
9    Illinois State Medical Disciplinary Fund...........$2,000
10    Weights and Measures Fund.........................$20,300
11    ICJIA Violence Prevention Fund.......................$900
12    Capital Development Board Revolving Fund...........$3,100
13    DCFS Children's Services Fund....................$175,500
14    Illinois Health Facilities Planning Fund.............$800
15    Emergency Public Health Fund.......................$1,400
16    Nursing Dedicated and Professional Fund............$1,200
17    State Rail Freight Loan Repayment Fund.............$2,300
18    Drunk and Drugged Driving Prevention Fund............$800
19    Community Water Supply Laboratory Fund...............$500
20    Used Tire Management Fund..........................$2,700
21    Natural Areas Acquisition Fund.....................$3,000
22    Open Space Lands Acquisition
23        and Development Fund...........................$7,300
24    Working Capital Revolving Fund....................$22,900
25    State Garage Revolving Fund.......................$22,100
26    Statistical Services Revolving Fund...............$67,100

 

 

HB0357 Enrolled- 50 -LRB101 05160 RJF 50172 b

1    Communications Revolving Fund.....................$56,900
2    Facilities Management Revolving Fund..............$84,400
3    Public Health Laboratory Services
4        Revolving Fund...................................$300
5    Lead Poisoning Screening, Prevention,
6        and Abatement Fund.............................$1,300
7    Tax Compliance and Administration Fund.............$1,700
8    Illinois State Fair Fund...........................$2,300
9    Department of Corrections
10        Reimbursement and Education Fund..............$14,700
11    Illinois Historic Sites Fund.........................$900
12    Pesticide Control Fund.............................$2,000
13    Partners for Conservation Fund.....................$3,300
14    International Tourism Fund.........................$1,200
15    Horse Racing Fund..................................$3,100
16    Motor Carrier Safety Inspection Fund...............$1,000
17    Illinois Thoroughbred Breeders Fund................$1,000
18    Illinois Clean Water Fund..........................$7,400
19    Child Support Administrative Fund.................$82,100
20    Tourism Promotion Fund............................$15,200
21    Presidential Library and Museum Operating Fund.....$4,600
22    Dram Shop Fund.....................................$3,200
23    Cycle Rider Safety Training Fund...................$2,100
24    State Police Services Fund.........................$8,500
25    Metabolic Screening and Treatment Fund.............$6,000
26    Insurance Producer Administration Fund.............$6,700

 

 

HB0357 Enrolled- 51 -LRB101 05160 RJF 50172 b

1    Coal Technology Development Assistance Fund........$6,900
2    Environmental Protection Permit
3        and Inspection Fund............................$3,800
4    Park and Conservation Fund.........................$7,500
5    Local Tourism Fund.................................$5,100
6    Illinois Capital Revolving Loan Fund.................$400
7    Adeline Jay Geo-Karis Illinois
8        Beach Marina Fund................................$500
9    Insurance Financial Regulation Fund................$8,200
10    Total                                            $740,600
11    (e-50) (Blank). Notwithstanding any other provision of
12State law to the contrary and in addition to any other
13transfers that may be provided for by law, the State
14Comptroller shall direct and the State Treasurer shall transfer
15from the fund specified into the Professional Services Fund
16according to the schedule specified as follows:
17    Road Fund......................................$1,161,700
18    One-fourth of the specified amount shall be transferred on
19each of July 1 and October 1, 2014, or as soon as may be
20practical thereafter, and one-half of the specified amount
21shall be transferred on January 1, 2015, or as soon as may be
22practical thereafter.
23    (f) The term "professional services" means services
24rendered on behalf of State agencies and other State entities
25pursuant to Section 405-293 of the Department of Central
26Management Services Law of the Civil Administrative Code of

 

 

HB0357 Enrolled- 52 -LRB101 05160 RJF 50172 b

1Illinois.
2(Source: P.A. 97-641, eff. 12-19-11; 98-24, eff. 6-19-13;
398-674, eff. 6-30-14.)
 
4    (30 ILCS 105/6z-70)
5    Sec. 6z-70. The Secretary of State Identification Security
6and Theft Prevention Fund.
7    (a) The Secretary of State Identification Security and
8Theft Prevention Fund is created as a special fund in the State
9treasury. The Fund shall consist of any fund transfers, grants,
10fees, or moneys from other sources received for the purpose of
11funding identification security and theft prevention measures.
12    (b) All moneys in the Secretary of State Identification
13Security and Theft Prevention Fund shall be used, subject to
14appropriation, for any costs related to implementing
15identification security and theft prevention measures.
16    (c) (Blank).
17    (d) (Blank).
18    (e) (Blank).
19    (f) (Blank).
20    (g) (Blank).
21    (h) (Blank).
22    (i) (Blank).
23    (j) (Blank).
24    (k) (Blank). Notwithstanding any other provision of State
25law to the contrary, on or after July 1, 2018, and until June

 

 

HB0357 Enrolled- 53 -LRB101 05160 RJF 50172 b

130, 2019, in addition to any other transfers that may be
2provided for by law, at the direction of and upon notification
3of the Secretary of State, the State Comptroller shall direct
4and the State Treasurer shall transfer amounts into the
5Secretary of State Identification Security and Theft
6Prevention Fund from the designated funds not exceeding the
7following totals:
8    Division of Corporations Registered Limited
9        Liability Partnership Fund...................$287,000
10    Securities Investors Education Fund............$1,500,000
11    Department of Business Services Special
12        Operations Fund............................$3,000,000
13    Securities Audit and Enforcement Fund..........$3,500,000
14    (l) Notwithstanding any other provision of State law to the
15contrary, on or after July 1, 2019, and until June 30, 2020, in
16addition to any other transfers that may be provided for by
17law, at the direction of and upon notification of the Secretary
18of State, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts into the Secretary of State
20Identification Security and Theft Prevention Fund from the
21designated funds not exceeding the following totals:
22    Division of Corporations Registered Limited
23        Liability Partnership Fund....................$287,000
24    Securities Investors Education Fund.............$1,500,000
25    Department of Business Services
26        Special Operations Fund.....................$3,000,000

 

 

HB0357 Enrolled- 54 -LRB101 05160 RJF 50172 b

1    Securities Audit and Enforcement Fund...........$3,500,000
2    (m) Notwithstanding any other provision of State law to the
3contrary, on or after July 1, 2020, and until June 30, 2021, in
4addition to any other transfers that may be provided for by
5law, at the direction of and upon notification of the Secretary
6of State, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts into the Secretary of State
8Identification Security and Theft Prevention Fund from the
9designated funds not exceeding the following totals:
10    Division of Corporations Registered Limited
11        Liability Partnership Fund...................$287,000
12    Securities Investors Education Fund..............$1,500,000
13    Department of Business Services Special
14        Operations Fund............................$4,500,000
15    Securities Audit and Enforcement Fund..........$5,000,000
16    Corporate Franchise Tax Refund Fund............$3,000,000
17(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
18101-10, eff. 6-5-19.)
 
19    (30 ILCS 105/6z-100)
20    (Section scheduled to be repealed on July 1, 2020)
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
24Board, and all monies received for contract administration
25fees, charges, or reimbursements owing to the Board shall be

 

 

HB0357 Enrolled- 55 -LRB101 05160 RJF 50172 b

1deposited into a special fund known as the Capital Development
2Board Revolving Fund, which is hereby created in the State
3treasury. The monies in this Fund shall be used by the Capital
4Development Board, as appropriated, for expenditures for
5personal services, retirement, social security, contractual
6services, legal services, travel, commodities, printing,
7equipment, electronic data processing, or telecommunications.
8For fiscal year 2021, the monies in this Fund may also be
9appropriated to and used by the Executive Ethics Commission for
10oversight and administration of the Chief Procurement Officer
11responsible for capital procurement. Unexpended moneys in the
12Fund shall not be transferred or allocated by the Comptroller
13or Treasurer to any other fund, nor shall the Governor
14authorize the transfer or allocation of those moneys to any
15other fund. This Section is repealed July 1, 2021 2020.
16(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
17101-10, eff. 6-5-19.)
 
18    (30 ILCS 105/6z-120 new)
19    Sec. 6z-120. Disaster Response and Recovery Fund.
20    (a) This subsection is declarative of existing law. The
21Disaster Response and Recovery Fund is created as a State trust
22fund in the State treasury for the purpose of receiving funds
23from any sources, public or private, including federal sources,
24to be used for costs of responding to and recovering from
25disasters declared by the Governor and other emergencies.

 

 

HB0357 Enrolled- 56 -LRB101 05160 RJF 50172 b

1Moneys in the Disaster Response and Recovery Fund may be
2expended for qualifying purposes at the direction of the
3Governor and in accordance with Sections 8 and 9 of the
4Illinois Emergency Management Agency Act and the Emergency
5Management Assistance Compact Act.
6    (b) Federal funds received by the State from the
7Coronavirus Relief Fund established in Section 5001 of the
8federal Coronavirus Aid, Relief, and Economic Security (CARES)
9Act may be deposited into the Disaster Response and Recovery
10Fund and accounted for separately from any other moneys in the
11Fund. Such federal funds shall be transferred, distributed or
12expended from the Disaster Response and Recovery Fund only for
13purposes permitted in the federal Coronavirus Aid, Relief, and
14Economic Security (CARES) Act and related federal guidance, and
15as authorized by this Section. At any time, the Governor may
16direct the transfer of any portion of such federal funds to the
17State Coronavirus Urgent Remediation Emergency (State CURE)
18Fund or the Local Coronavirus Urgent Remediation Emergency
19(Local CURE) Fund for further use in accordance with the
20purposes authorized in the federal Coronavirus Aid, Relief, and
21Economic Security (CARES) Act, as it may be amended, and
22related federal guidance.
 
23    (30 ILCS 105/6z-121 new)
24    Sec. 6z-121. State Coronavirus Urgent Remediation
25Emergency Fund.

 

 

HB0357 Enrolled- 57 -LRB101 05160 RJF 50172 b

1    (a) The State Coronavirus Urgent Remediation Emergency
2(State CURE) Fund is created as a federal trust fund within the
3State treasury. The State CURE Fund shall be held separate and
4apart from all other funds in the State treasury. The State
5CURE Fund is established: (1) to receive, directly or
6indirectly, federal funds from the Coronavirus Relief Fund in
7accordance with Section 5001 of the federal Coronavirus Aid,
8Relief, and Economic Security (CARES) Act or from any other
9federal fund pursuant to any other provision of federal law;
10and (2) to provide for the transfer, distribution and
11expenditure of such federal funds as permitted in the federal
12Coronavirus Aid, Relief, and Economic Security (CARES) Act and
13related federal guidance or any other federal law, and as
14authorized by this Section.
15    (b) Federal funds received by the State from the
16Coronavirus Relief Fund in accordance with Section 5001 of the
17federal Coronavirus Aid, Relief, and Economic Security (CARES)
18Act, or any other federal funds received pursuant to any other
19federal law, may be deposited, directly or indirectly, into the
20State CURE Fund.
21    (c) All federal funds received into the State CURE Fund
22from the Coronavirus Relief Fund may be transferred or expended
23by the Illinois Emergency Management Agency at the direction of
24the Governor for the specific purposes permitted by the federal
25Coronavirus Aid, Relief, and Economic Security (CARES) Act, any
26related regulations or federal guidance, and any terms and

 

 

HB0357 Enrolled- 58 -LRB101 05160 RJF 50172 b

1conditions of the federal awards received by the State
2thereunder. The State Comptroller shall direct and the State
3Treasurer shall transfer, as directed by the governor in
4writing, a portion of the federal funds received from the
5Coronavirus Relief Fund or from any other federal fund pursuant
6to any other provision of federal law may be transferred to the
7Local Coronavirus Urgent Remediation Emergency (Local CURE)
8Fund from time to time for the provision and administration of
9grants to units of local government as permitted by the federal
10Coronavirus Aid, Relief, and Economic Security (CARES) Act, any
11related federal guidance, and any other additional federal law
12that may provide authorization. Funds in the State CURE Fund
13also may be transferred to other funds in the State treasury as
14reimbursement for expenditures made from such other funds if
15the expenditures are eligible for federal reimbursement under
16Section 5001 of the federal Coronavirus Aid, Relief, and
17Economic Security (CARES) Act and related federal guidance.
18Funds in the State CURE Fund also may be expended directly on
19expenditures eligible for federal reimbursement under Section
205001 of the federal Coronavirus Aid, Relief, and Economic
21Security (CARES) Act and related federal guidance.
22    (d) Once the General Assembly has enacted appropriations
23from the State CURE Fund, the expenditure of funds from the
24State CURE Fund shall be subject to appropriation by the
25General Assembly, and shall be administered by the Illinois
26Emergency Management Agency at the direction of the Governor.

 

 

HB0357 Enrolled- 59 -LRB101 05160 RJF 50172 b

1The Illinois Emergency Management Agency, and other agencies as
2named in appropriations, shall transfer, distribute or expend
3the funds. The State Comptroller shall direct and the State
4Treasurer shall transfer funds in the State CURE Fund to other
5funds in the State treasury as reimbursement for expenditures
6made from such other funds if the expenditures are eligible for
7federal reimbursement under Section 5001 of the federal
8Coronavirus Aid, Relief, and Economic Security (CARES) Act and
9related federal guidance, as directed in writing by the
10Governor. Additional funds that may be received from the
11federal government from legislation enacted in response to the
12impact of Coronavirus Disease 2019, including fiscal
13stabilization payments that replace revenues lost due to
14Coronavirus Disease 2019, The State Comptroller may direct and
15the State Treasurer shall transfer in the manner authorized or
16required by any related federal guidance, as directed in
17writing by the Governor.
18    (e) Unexpended funds in the State CURE Fund shall be paid
19back to the federal government at the direction of the
20Governor.
 
21    (30 ILCS 105/6z-122 new)
22    Sec. 6z-122. Local Coronavirus Urgent Remediation
23Emergency Fund.
24    (a) The Local Coronavirus Urgent Remediation Emergency
25Fund, or Local CURE Fund, is created as a federal trust fund

 

 

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1within the State treasury. The Local CURE Fund shall be held
2separate and apart from all other funds of the State. The Local
3CURE Fund is established: (1) to receive transfers from either
4the Disaster Response and Recovery Fund or the State
5Coronavirus Urgent Remediation Emergency (State CURE) Fund of
6federal funds received by the State from the Coronavirus Relief
7Fund in accordance with Section 5001 of the federal Coronavirus
8Aid, Relief, and Economic Security (CARES) Act or pursuant to
9any other provision of federal law; and (2) to provide for the
10administration and payment of grants and expense
11reimbursements to units of local government as permitted in the
12federal Coronavirus Aid, Relief, and Economic Security (CARES)
13Act and related federal guidance, as authorized by this
14Section, and as authorized in the Department of Commerce and
15Economic Opportunity Act.
16    (b) A portion of the funds received into either the
17Disaster Response and Recovery Fund or the State CURE Fund from
18the Coronavirus Relief Fund in accordance with Section 5001 of
19the federal Coronavirus Aid, Relief, and Economic Security
20(CARES) Act may be transferred into the Local CURE Fund from
21time to time. Such funds transferred to the Local CURE Fund may
22be used by the Department of Commerce and Economic Opportunity
23only to provide for the awarding and administration and payment
24of grants and expense reimbursements to units of local
25government for the specific purposes permitted by the federal
26Coronavirus Aid, Relief, and Economic Security (CARES) Act and

 

 

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1any related federal guidance, the terms and conditions of the
2federal awards through which the funds are received by the
3State, in accordance with the procedures established in this
4Section, and as authorized in the Department of Commerce and
5Economic Opportunity Act.
6    (c) Unless federal guidance expands the authorized uses,
7the funds received by units of local government from the Local
8CURE Fund may be used only to cover the costs of the units of
9local government that (1) are necessary expenditures incurred
10due to the public health emergency caused by the Coronavirus
11Disease 2019, (2) were not accounted for in the budget of the
12State or unit of local government most recently approved as of
13March 27, 2020: and are incurred on or after March 1, 2020 and
14before December 31, 2020; however, if new federal guidance or
15new federal law expands authorized uses, then the funds may be
16used for any other permitted purposes.
17    (d) The expenditure of funds from the Local CURE Fund shall
18be subject to appropriation by the General Assembly.
19    (e) Unexpended funds in the Local CURE Fund shall be
20transferred or paid back to the State CURE Fund at the
21direction of the Governor.
 
22    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
23    Sec. 8.3. Money in the Road Fund shall, if and when the
24State of Illinois incurs any bonded indebtedness for the
25construction of permanent highways, be set aside and used for

 

 

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1the purpose of paying and discharging annually the principal
2and interest on that bonded indebtedness then due and payable,
3and for no other purpose. The surplus, if any, in the Road Fund
4after the payment of principal and interest on that bonded
5indebtedness then annually due shall be used as follows:
6        first -- to pay the cost of administration of Chapters
7    2 through 10 of the Illinois Vehicle Code, except the cost
8    of administration of Articles I and II of Chapter 3 of that
9    Code, and to pay the costs of the Executive Ethics
10    Commission for oversight and administration of the Chief
11    Procurement Officer for transportation; and
12        secondly -- for expenses of the Department of
13    Transportation for construction, reconstruction,
14    improvement, repair, maintenance, operation, and
15    administration of highways in accordance with the
16    provisions of laws relating thereto, or for any purpose
17    related or incident to and connected therewith, including
18    the separation of grades of those highways with railroads
19    and with highways and including the payment of awards made
20    by the Illinois Workers' Compensation Commission under the
21    terms of the Workers' Compensation Act or Workers'
22    Occupational Diseases Act for injury or death of an
23    employee of the Division of Highways in the Department of
24    Transportation; or for the acquisition of land and the
25    erection of buildings for highway purposes, including the
26    acquisition of highway right-of-way or for investigations

 

 

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1    to determine the reasonably anticipated future highway
2    needs; or for making of surveys, plans, specifications and
3    estimates for and in the construction and maintenance of
4    flight strips and of highways necessary to provide access
5    to military and naval reservations, to defense industries
6    and defense-industry sites, and to the sources of raw
7    materials and for replacing existing highways and highway
8    connections shut off from general public use at military
9    and naval reservations and defense-industry sites, or for
10    the purchase of right-of-way, except that the State shall
11    be reimbursed in full for any expense incurred in building
12    the flight strips; or for the operating and maintaining of
13    highway garages; or for patrolling and policing the public
14    highways and conserving the peace; or for the operating
15    expenses of the Department relating to the administration
16    of public transportation programs; or, during fiscal year
17    2020 only, for the purposes of a grant not to exceed
18    $8,394,800 to the Regional Transportation Authority on
19    behalf of PACE for the purpose of ADA/Para-transit
20    expenses; or, during fiscal year 2021 only, for the
21    purposes of a grant not to exceed $8,394,800 to the
22    Regional Transportation Authority on behalf of PACE for the
23    purpose of ADA/Para-transit expenses; or for any of those
24    purposes or any other purpose that may be provided by law.
25    Appropriations for any of those purposes are payable from
26the Road Fund. Appropriations may also be made from the Road

 

 

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1Fund for the administrative expenses of any State agency that
2are related to motor vehicles or arise from the use of motor
3vehicles.
4    Beginning with fiscal year 1980 and thereafter, no Road
5Fund monies shall be appropriated to the following Departments
6or agencies of State government for administration, grants, or
7operations; but this limitation is not a restriction upon
8appropriating for those purposes any Road Fund monies that are
9eligible for federal reimbursement:
10        1. Department of Public Health;
11        2. Department of Transportation, only with respect to
12    subsidies for one-half fare Student Transportation and
13    Reduced Fare for Elderly, except during fiscal year 2019
14    only when no more than $17,570,000 may be expended and
15    except fiscal year 2020 only when no more than $17,570,000
16    may be expended and except fiscal year 2021 only when no
17    more than $17,570,000 may be expended;
18        3. Department of Central Management Services, except
19    for expenditures incurred for group insurance premiums of
20    appropriate personnel;
21        4. Judicial Systems and Agencies.
22    Beginning with fiscal year 1981 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

 

 

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1eligible for federal reimbursement:
2        1. Department of State Police, except for expenditures
3    with respect to the Division of Operations;
4        2. Department of Transportation, only with respect to
5    Intercity Rail Subsidies, except during fiscal year 2019
6    only when no more than $52,000,000 may be expended and
7    except fiscal year 2020 only when no more than $50,000,000
8    may be expended and except fiscal year 2021 only when no
9    more than $50,000,000 may be expended, and Rail Freight
10    Services.
11    Beginning with fiscal year 1982 and thereafter, no Road
12Fund monies shall be appropriated to the following Departments
13or agencies of State government for administration, grants, or
14operations; but this limitation is not a restriction upon
15appropriating for those purposes any Road Fund monies that are
16eligible for federal reimbursement: Department of Central
17Management Services, except for awards made by the Illinois
18Workers' Compensation Commission under the terms of the
19Workers' Compensation Act or Workers' Occupational Diseases
20Act for injury or death of an employee of the Division of
21Highways in the Department of Transportation.
22    Beginning with fiscal year 1984 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

 

 

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

 

 

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1    excises, or license taxes relating to registration,
2    operation and use of vehicles on public highways or to
3    fuels used for the propulsion of those vehicles, shall be
4    appropriated or expended other than for costs of
5    administering the laws imposing those fees, excises, and
6    license taxes, statutory refunds and adjustments allowed
7    thereunder, administrative costs of the Department of
8    Transportation, including, but not limited to, the
9    operating expenses of the Department relating to the
10    administration of public transportation programs, payment
11    of debts and liabilities incurred in construction and
12    reconstruction of public highways and bridges, acquisition
13    of rights-of-way for and the cost of construction,
14    reconstruction, maintenance, repair, and operation of
15    public highways and bridges under the direction and
16    supervision of the State, political subdivision, or
17    municipality collecting those monies, or during fiscal
18    year 2019 only for the purposes of a grant not to exceed
19    $3,825,000 to the Regional Transportation Authority on
20    behalf of PACE for the purpose of ADA/Para-transit
21    expenses, or during fiscal year 2020 only for the purposes
22    of a grant not to exceed $8,394,800 to the Regional
23    Transportation Authority on behalf of PACE for the purpose
24    of ADA/Para-transit expenses, or during fiscal year 2021
25    only for the purposes of a grant not to exceed $8,394,800
26    to the Regional Transportation Authority on behalf of PACE

 

 

HB0357 Enrolled- 68 -LRB101 05160 RJF 50172 b

1    for the purpose of ADA/Para-transit expenses, and the costs
2    for patrolling and policing the public highways (by State,
3    political subdivision, or municipality collecting that
4    money) for enforcement of traffic laws. The separation of
5    grades of such highways with railroads and costs associated
6    with protection of at-grade highway and railroad crossing
7    shall also be permissible.
8    Appropriations for any of such purposes are payable from
9the Road Fund or the Grade Crossing Protection Fund as provided
10in Section 8 of the Motor Fuel Tax Law.
11    Except as provided in this paragraph, beginning with fiscal
12year 1991 and thereafter, no Road Fund monies shall be
13appropriated to the Department of State Police for the purposes
14of this Section in excess of its total fiscal year 1990 Road
15Fund appropriations for those purposes unless otherwise
16provided in Section 5g of this Act. For fiscal years 2003,
172004, 2005, 2006, and 2007 only, no Road Fund monies shall be
18appropriated to the Department of State Police for the purposes
19of this Section in excess of $97,310,000. For fiscal year 2008
20only, no Road Fund monies shall be appropriated to the
21Department of State Police for the purposes of this Section in
22excess of $106,100,000. For fiscal year 2009 only, no Road Fund
23monies shall be appropriated to the Department of State Police
24for the purposes of this Section in excess of $114,700,000.
25Beginning in fiscal year 2010, no road fund moneys shall be
26appropriated to the Department of State Police. It shall not be

 

 

HB0357 Enrolled- 69 -LRB101 05160 RJF 50172 b

1lawful to circumvent this limitation on appropriations by
2governmental reorganization or other methods unless otherwise
3provided in Section 5g of this Act.
4    In fiscal year 1994, no Road Fund monies shall be
5appropriated to the Secretary of State for the purposes of this
6Section in excess of the total fiscal year 1991 Road Fund
7appropriations to the Secretary of State for those purposes,
8plus $9,800,000. It shall not be lawful to circumvent this
9limitation on appropriations by governmental reorganization or
10other method.
11    Beginning with fiscal year 1995 and thereafter, no Road
12Fund monies shall be appropriated to the Secretary of State for
13the purposes of this Section in excess of the total fiscal year
141994 Road Fund appropriations to the Secretary of State for
15those purposes. It shall not be lawful to circumvent this
16limitation on appropriations by governmental reorganization or
17other methods.
18    Beginning with fiscal year 2000, total Road Fund
19appropriations to the Secretary of State for the purposes of
20this Section shall not exceed the amounts specified for the
21following fiscal years:
22    Fiscal Year 2000$80,500,000;
23    Fiscal Year 2001$80,500,000;
24    Fiscal Year 2002$80,500,000;
25    Fiscal Year 2003$130,500,000;
26    Fiscal Year 2004$130,500,000;

 

 

HB0357 Enrolled- 70 -LRB101 05160 RJF 50172 b

1    Fiscal Year 2005$130,500,000;
2    Fiscal Year 2006 $130,500,000;
3    Fiscal Year 2007 $130,500,000;
4    Fiscal Year 2008$130,500,000;
5    Fiscal Year 2009 $130,500,000.
6    For fiscal year 2010, no road fund moneys shall be
7appropriated to the Secretary of State.
8    Beginning in fiscal year 2011, moneys in the Road Fund
9shall be appropriated to the Secretary of State for the
10exclusive purpose of paying refunds due to overpayment of fees
11related to Chapter 3 of the Illinois Vehicle Code unless
12otherwise provided for by law.
13    It shall not be lawful to circumvent this limitation on
14appropriations by governmental reorganization or other
15methods.
16    No new program may be initiated in fiscal year 1991 and
17thereafter that is not consistent with the limitations imposed
18by this Section for fiscal year 1984 and thereafter, insofar as
19appropriation of Road Fund monies is concerned.
20    Nothing in this Section prohibits transfers from the Road
21Fund to the State Construction Account Fund under Section 5e of
22this Act; nor to the General Revenue Fund, as authorized by
23Public Act 93-25.
24    The additional amounts authorized for expenditure in this
25Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
26shall be repaid to the Road Fund from the General Revenue Fund

 

 

HB0357 Enrolled- 71 -LRB101 05160 RJF 50172 b

1in the next succeeding fiscal year that the General Revenue
2Fund has a positive budgetary balance, as determined by
3generally accepted accounting principles applicable to
4government.
5    The additional amounts authorized for expenditure by the
6Secretary of State and the Department of State Police in this
7Section by Public Act 94-91 shall be repaid to the Road Fund
8from the General Revenue Fund in the next succeeding fiscal
9year that the General Revenue Fund has a positive budgetary
10balance, as determined by generally accepted accounting
11principles applicable to government.
12(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
13100-863, eff.8-14-18; 101-10, eff. 6-5-19.)
 
14    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
15    Sec. 8.12. State Pensions Fund.
16    (a) The moneys in the State Pensions Fund shall be used
17exclusively for the administration of the Revised Uniform
18Unclaimed Property Act and for the expenses incurred by the
19Auditor General for administering the provisions of Section
202-8.1 of the Illinois State Auditing Act and for operational
21expenses of the Office of the State Treasurer and for the
22funding of the unfunded liabilities of the designated
23retirement systems. For the purposes of this Section,
24"operational expenses of the Office of the State Treasurer"
25includes the acquisition of land and buildings in State fiscal

 

 

HB0357 Enrolled- 72 -LRB101 05160 RJF 50172 b

1years 2019 and 2020 for use by the Office of the State
2Treasurer, as well as construction, reconstruction,
3improvement, repair, and maintenance, in accordance with the
4provisions of laws relating thereto, of such lands and
5buildings beginning in State fiscal year 2019 and thereafter.
6Beginning in State fiscal year 2022 2021, payments to the
7designated retirement systems under this Section shall be in
8addition to, and not in lieu of, any State contributions
9required under the Illinois Pension Code.
10    "Designated retirement systems" means:
11        (1) the State Employees' Retirement System of
12    Illinois;
13        (2) the Teachers' Retirement System of the State of
14    Illinois;
15        (3) the State Universities Retirement System;
16        (4) the Judges Retirement System of Illinois; and
17        (5) the General Assembly Retirement System.
18    (b) Each year the General Assembly may make appropriations
19from the State Pensions Fund for the administration of the
20Revised Uniform Unclaimed Property Act.
21    (c) As soon as possible after July 30, 2004 (the effective
22date of Public Act 93-839), the General Assembly shall
23appropriate from the State Pensions Fund (1) to the State
24Universities Retirement System the amount certified under
25Section 15-165 during the prior year, (2) to the Judges
26Retirement System of Illinois the amount certified under

 

 

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1Section 18-140 during the prior year, and (3) to the General
2Assembly Retirement System the amount certified under Section
32-134 during the prior year as part of the required State
4contributions to each of those designated retirement systems.
5If the amount in the State Pensions Fund does not exceed the
6sum of the amounts certified in Sections 15-165, 18-140, and
72-134 by at least $5,000,000, the amount paid to each
8designated retirement system under this subsection shall be
9reduced in proportion to the amount certified by each of those
10designated retirement systems.
11    (c-5) For fiscal years 2006 through 2021 2020, the General
12Assembly shall appropriate from the State Pensions Fund to the
13State Universities Retirement System the amount estimated to be
14available during the fiscal year in the State Pensions Fund;
15provided, however, that the amounts appropriated under this
16subsection (c-5) shall not reduce the amount in the State
17Pensions Fund below $5,000,000.
18    (c-6) For fiscal year 2022 2021 and each fiscal year
19thereafter, as soon as may be practical after any money is
20deposited into the State Pensions Fund from the Unclaimed
21Property Trust Fund, the State Treasurer shall apportion the
22deposited amount among the designated retirement systems as
23defined in subsection (a) to reduce their actuarial reserve
24deficiencies. The State Comptroller and State Treasurer shall
25pay the apportioned amounts to the designated retirement
26systems to fund the unfunded liabilities of the designated

 

 

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1retirement systems. The amount apportioned to each designated
2retirement system shall constitute a portion of the amount
3estimated to be available for appropriation from the State
4Pensions Fund that is the same as that retirement system's
5portion of the total actual reserve deficiency of the systems,
6as determined annually by the Governor's Office of Management
7and Budget at the request of the State Treasurer. The amounts
8apportioned under this subsection shall not reduce the amount
9in the State Pensions Fund below $5,000,000.
10    (d) The Governor's Office of Management and Budget shall
11determine the individual and total reserve deficiencies of the
12designated retirement systems. For this purpose, the
13Governor's Office of Management and Budget shall utilize the
14latest available audit and actuarial reports of each of the
15retirement systems and the relevant reports and statistics of
16the Public Employee Pension Fund Division of the Department of
17Insurance.
18    (d-1) (Blank).
19    (e) The changes to this Section made by Public Act 88-593
20shall first apply to distributions from the Fund for State
21fiscal year 1996.
22(Source: P.A. 100-22, eff. 1-1-18; 100-23, eff. 7-6-17;
23100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff.
246-5-19; 101-487, eff. 8-23-19; revised 9-12-19.)
 
25    (30 ILCS 105/8g-1)

 

 

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1    Sec. 8g-1. Fund transfers.
2    (a) (Blank).
3    (b) (Blank).
4    (c) (Blank).
5    (d) (Blank).
6    (e) (Blank).
7    (f) (Blank).
8    (g) (Blank).
9    (h) (Blank).
10    (i) (Blank).
11    (j) (Blank).
12    (k) (Blank).
13    (l) (Blank).
14    (m) (Blank).
15    (n) (Blank). In addition to any other transfers that may be
16provided for by law, on July 1, 2019, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $800,000 from the General
19Revenue Fund to the Grant Accountability and Transparency Fund.
20    (o) (Blank). In addition to any other transfers that may be
21provided for by law, on July 1, 2019, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $60,000,000 from the
24Tourism Promotion Fund to the General Revenue Fund.
25    (p) (Blank). In addition to any other transfers that may be
26provided for by law, on July 1, 2019, or as soon thereafter as

 

 

HB0357 Enrolled- 76 -LRB101 05160 RJF 50172 b

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer amounts from the State Police
3Whistleblower Reward and Protection Fund to the designated fund
4not exceeding the following amount:
5    Firearm Dealer License Certification Fund......$5,000,000
6    (q) (Blank). In addition to any other transfers that may be
7provided for by law, on July 1, 2019, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Governor's Administrative Fund.
11    (r) In addition to any other transfers that may be provided
12for by law, on July 1, 2020, 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 Grant Accountability and Transparency Fund.
16    (s) In addition to any other transfers that may be provided
17for by law, on July 1, 2020, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $500,000 from the General
20Revenue Fund to the Governor's Administrative Fund.
21    (t) In addition to any other transfers that may be provided
22for by law, on July 1, 2020, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $320,000 from the General
25Revenue Fund to the Coal Development Fund.
26(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

 

 

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1101-10, eff. 6-5-19.)
 
2    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
3    Sec. 13.2. Transfers among line item appropriations.
4    (a) Transfers among line item appropriations from the same
5treasury fund for the objects specified in this Section may be
6made in the manner provided in this Section when the balance
7remaining in one or more such line item appropriations is
8insufficient for the purpose for which the appropriation was
9made.
10    (a-1) No transfers may be made from one agency to another
11agency, nor may transfers be made from one institution of
12higher education to another institution of higher education
13except as provided by subsection (a-4).
14    (a-2) Except as otherwise provided in this Section,
15transfers may be made only among the objects of expenditure
16enumerated in this Section, except that no funds may be
17transferred from any appropriation for personal services, from
18any appropriation for State contributions to the State
19Employees' Retirement System, from any separate appropriation
20for employee retirement contributions paid by the employer, nor
21from any appropriation for State contribution for employee
22group insurance.
23    (a-2.5) (Blank).
24    (a-3) Further, if an agency receives a separate
25appropriation for employee retirement contributions paid by

 

 

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

 

 

HB0357 Enrolled- 79 -LRB101 05160 RJF 50172 b

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

 

 

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1services covered by the Community Care Program and
2Comprehensive Case Coordination.
3    The State Board of Education is authorized to make
4transfers from line item appropriations within the same
5treasury fund for General State Aid, General State Aid - Hold
6Harmless, and Evidence-Based Funding, provided that no such
7transfer may be made unless the amount transferred is no longer
8required for the purpose for which that appropriation was made,
9to the line item appropriation for Transitional Assistance when
10the balance remaining in such line item appropriation is
11insufficient for the purpose for which the appropriation was
12made.
13    The State Board of Education is authorized to make
14transfers between the following line item appropriations
15within the same treasury fund: Disabled Student
16Services/Materials (Section 14-13.01 of the School Code),
17Disabled Student Transportation Reimbursement (Section
1814-13.01 of the School Code), Disabled Student Tuition -
19Private Tuition (Section 14-7.02 of the School Code),
20Extraordinary Special Education (Section 14-7.02b of the
21School Code), Reimbursement for Free Lunch/Breakfast Program,
22Summer School Payments (Section 18-4.3 of the School Code), and
23Transportation - Regular/Vocational Reimbursement (Section
2429-5 of the School Code). Such transfers shall be made only
25when the balance remaining in one or more such line item
26appropriations is insufficient for the purpose for which the

 

 

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1appropriation was made and provided that no such transfer may
2be made unless the amount transferred is no longer required for
3the purpose for which that appropriation was made.
4    The Department of Healthcare and Family Services is
5authorized to make transfers not exceeding 4% of the aggregate
6amount appropriated to it, within the same treasury fund, among
7the various line items appropriated for Medical Assistance.
8    (c) The sum of such transfers for an agency in a fiscal
9year shall not exceed 2% of the aggregate amount appropriated
10to it within the same treasury fund for the following objects:
11Personal Services; Extra Help; Student and Inmate
12Compensation; State Contributions to Retirement Systems; State
13Contributions to Social Security; State Contribution for
14Employee Group Insurance; Contractual Services; Travel;
15Commodities; Printing; Equipment; Electronic Data Processing;
16Operation of Automotive Equipment; Telecommunications
17Services; Travel and Allowance for Committed, Paroled and
18Discharged Prisoners; Library Books; Federal Matching Grants
19for Student Loans; Refunds; Workers' Compensation,
20Occupational Disease, and Tort Claims; Late Interest Penalties
21under the State Prompt Payment Act and Sections 368a and 370a
22of the Illinois Insurance Code; and, in appropriations to
23institutions of higher education, Awards and Grants.
24Notwithstanding the above, any amounts appropriated for
25payment of workers' compensation claims to an agency to which
26the authority to evaluate, administer and pay such claims has

 

 

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1been delegated by the Department of Central Management Services
2may be transferred to any other expenditure object where such
3amounts exceed the amount necessary for the payment of such
4claims.
5    (c-1) (Blank).
6    (c-2) (Blank).
7    (c-3) (Blank).
8    (c-4) (Blank).
9    (c-5) (Blank). Special provisions for State fiscal year
102019. Notwithstanding any other provision of this Section, for
11State fiscal year 2019, transfers among line item
12appropriations to a State agency from the same State treasury
13fund may be made for operational or lump sum expenses only,
14provided that the sum of such transfers for a State agency in
15State fiscal year 2019 shall not exceed 4% of the aggregate
16amount appropriated to that State agency for operational or
17lump sum expenses for State fiscal year 2019. For the purpose
18of this subsection (c-5), "operational or lump sum expenses"
19includes the following objects: personal services; extra help;
20student and inmate compensation; State contributions to
21retirement systems; State contributions to social security;
22State contributions for employee group insurance; contractual
23services; travel; commodities; printing; equipment; electronic
24data processing; operation of automotive equipment;
25telecommunications services; travel and allowance for
26committed, paroled, and discharged prisoners; library books;

 

 

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1federal matching grants for student loans; refunds; workers'
2compensation, occupational disease, and tort claims; lump sum
3and other purposes; and lump sum operations. For the purpose of
4this subsection (c-5), "State agency" does not include the
5Attorney General, the Secretary of State, the Comptroller, the
6Treasurer, or the legislative or judicial branches.
7    (c-6) Special provisions for State fiscal year 2020.
8Notwithstanding any other provision of this Section, for State
9fiscal year 2020, transfers among line item appropriations to a
10State agency from the same State treasury fund may be made for
11operational or lump sum expenses only, provided that the sum of
12such transfers for a State agency in State fiscal year 2020
13shall not exceed 4% of the aggregate amount appropriated to
14that State agency for operational or lump sum expenses for
15State fiscal year 2020. For the purpose of this subsection
16(c-6), "operational or lump sum expenses" includes the
17following objects: personal services; extra help; student and
18inmate compensation; State contributions to retirement
19systems; State contributions to social security; State
20contributions for employee group insurance; contractual
21services; travel; commodities; printing; equipment; electronic
22data processing; operation of automotive equipment;
23telecommunications services; travel and allowance for
24committed, paroled, and discharged prisoners; library books;
25federal matching grants for student loans; refunds; workers'
26compensation, occupational disease, and tort claims; Late

 

 

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1Interest Penalties under the State Prompt Payment Act and
2Sections 368a and 370a of the Illinois Insurance Code; lump sum
3and other purposes; and lump sum operations. For the purpose of
4this subsection (c-6), "State agency" does not include the
5Attorney General, the Secretary of State, the Comptroller, the
6Treasurer, or the judicial or legislative branches.
7    (c-7) Special provisions for State fiscal year 2021.
8Notwithstanding any other provision of this Section, for State
9fiscal year 2021, transfers among line item appropriations to a
10State agency from the same State treasury fund may be made for
11operational or lump sum expenses only, provided that the sum of
12such transfers for a State agency in State fiscal year 2021
13shall not exceed 8% of the aggregate amount appropriated to
14that State agency for operational or lump sum expenses for
15State fiscal year 2021. For the purpose of this subsection,
16"operational or lump sum expenses" includes the following
17objects: personal services; extra help; student and inmate
18compensation; State contributions to retirement systems; State
19contributions to social security; State contributions for
20employee group insurance; contractual services; travel;
21commodities; printing; equipment; electronic data processing;
22operation of automotive equipment; telecommunications
23services; travel and allowance for committed, paroled, and
24discharged prisoners; library books; federal matching grants
25for student loans; refunds; workers' compensation,
26occupational disease, and tort claims; Late Interest Penalties

 

 

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1under the State Prompt Payment Act and Sections 368a and 370a
2of the Illinois Insurance Code; lump sum and other purposes;
3and lump sum operations. For the purpose of this subsection,
4"State agency" does not include the Attorney General, the
5Secretary of State, the Comptroller, the Treasurer, or the
6judicial or legislative branches.
7    (d) Transfers among appropriations made to agencies of the
8Legislative and Judicial departments and to the
9constitutionally elected officers in the Executive branch
10require the approval of the officer authorized in Section 10 of
11this Act to approve and certify vouchers. Transfers among
12appropriations made to the University of Illinois, Southern
13Illinois University, Chicago State University, Eastern
14Illinois University, Governors State University, Illinois
15State University, Northeastern Illinois University, Northern
16Illinois University, Western Illinois University, the Illinois
17Mathematics and Science Academy and the Board of Higher
18Education require the approval of the Board of Higher Education
19and the Governor. Transfers among appropriations to all other
20agencies require the approval of the Governor.
21    The officer responsible for approval shall certify that the
22transfer is necessary to carry out the programs and purposes
23for which the appropriations were made by the General Assembly
24and shall transmit to the State Comptroller a certified copy of
25the approval which shall set forth the specific amounts
26transferred so that the Comptroller may change his records

 

 

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1accordingly. The Comptroller shall furnish the Governor with
2information copies of all transfers approved for agencies of
3the Legislative and Judicial departments and transfers
4approved by the constitutionally elected officials of the
5Executive branch other than the Governor, showing the amounts
6transferred and indicating the dates such changes were entered
7on the Comptroller's records.
8    (e) The State Board of Education, in consultation with the
9State Comptroller, may transfer line item appropriations for
10General State Aid or Evidence-Based Funding among the Common
11School Fund and the Education Assistance Fund, and, for State
12fiscal year 2020 and each fiscal year thereafter, the Fund for
13the Advancement of Education. With the advice and consent of
14the Governor's Office of Management and Budget, the State Board
15of Education, in consultation with the State Comptroller, may
16transfer line item appropriations between the General Revenue
17Fund and the Education Assistance Fund for the following
18programs:
19        (1) Disabled Student Personnel Reimbursement (Section
20    14-13.01 of the School Code);
21        (2) Disabled Student Transportation Reimbursement
22    (subsection (b) of Section 14-13.01 of the School Code);
23        (3) Disabled Student Tuition - Private Tuition
24    (Section 14-7.02 of the School Code);
25        (4) Extraordinary Special Education (Section 14-7.02b
26    of the School Code);

 

 

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1        (5) Reimbursement for Free Lunch/Breakfast Programs;
2        (6) Summer School Payments (Section 18-4.3 of the
3    School Code);
4        (7) Transportation - Regular/Vocational Reimbursement
5    (Section 29-5 of the School Code);
6        (8) Regular Education Reimbursement (Section 18-3 of
7    the School Code); and
8        (9) Special Education Reimbursement (Section 14-7.03
9    of the School Code).
10    (f) For State fiscal year 2020 and each fiscal year
11thereafter only, the Department on Aging, in consultation with
12the State Comptroller, with the advice and consent of the
13Governor's Office of Management and Budget, may transfer line
14item appropriations for purchase of services covered by the
15Community Care Program between the General Revenue Fund and the
16Commitment to Human Services Fund.
17(Source: P.A. 100-23, eff. 7-6-17; 100-465, eff. 8-31-17;
18100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1064, eff.
198-24-18; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-275,
20eff. 8-9-19.)
 
21    (30 ILCS 105/25)  (from Ch. 127, par. 161)
22    Sec. 25. Fiscal year limitations.
23    (a) All appropriations shall be available for expenditure
24for the fiscal year or for a lesser period if the Act making
25that appropriation so specifies. A deficiency or emergency

 

 

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1appropriation shall be available for expenditure only through
2June 30 of the year when the Act making that appropriation is
3enacted unless that Act otherwise provides.
4    (b) Outstanding liabilities as of June 30, payable from
5appropriations which have otherwise expired, may be paid out of
6the expiring appropriations during the 2-month period ending at
7the close of business on August 31. Any service involving
8professional or artistic skills or any personal services by an
9employee whose compensation is subject to income tax
10withholding must be performed as of June 30 of the fiscal year
11in order to be considered an "outstanding liability as of June
1230" that is thereby eligible for payment out of the expiring
13appropriation.
14    (b-1) However, payment of tuition reimbursement claims
15under Section 14-7.03 or 18-3 of the School Code may be made by
16the State Board of Education from its appropriations for those
17respective purposes for any fiscal year, even though the claims
18reimbursed by the payment may be claims attributable to a prior
19fiscal year, and payments may be made at the direction of the
20State Superintendent of Education from the fund from which the
21appropriation is made without regard to any fiscal year
22limitations, except as required by subsection (j) of this
23Section. Beginning on June 30, 2021, payment of tuition
24reimbursement claims under Section 14-7.03 or 18-3 of the
25School Code as of June 30, payable from appropriations that
26have otherwise expired, may be paid out of the expiring

 

 

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1appropriation during the 4-month period ending at the close of
2business on October 31.
3    (b-2) (Blank).
4    (b-2.5) (Blank).
5    (b-2.6) (Blank).
6    (b-2.6a) (Blank).
7    (b-2.6b) (Blank).
8    (b-2.6c) (Blank). All outstanding liabilities as of June
930, 2019, payable from appropriations that would otherwise
10expire at the conclusion of the lapse period for fiscal year
112019, and interest penalties payable on those liabilities under
12the State Prompt Payment Act, may be paid out of the expiring
13appropriations until December 31, 2019, without regard to the
14fiscal year in which the payment is made, as long as vouchers
15for the liabilities are received by the Comptroller no later
16than October 31, 2019.
17    (b-2.6d) All outstanding liabilities as of June 30, 2020,
18payable from appropriations that would otherwise expire at the
19conclusion of the lapse period for fiscal year 2020, and
20interest penalties payable on those liabilities under the State
21Prompt Payment Act, may be paid out of the expiring
22appropriations until December 31, 2020, without regard to the
23fiscal year in which the payment is made, as long as vouchers
24for the liabilities are received by the Comptroller no later
25than September 30, 2020.
26    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, and

 

 

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12020, and 2021, interest penalties payable under the State
2Prompt Payment Act associated with a voucher for which payment
3is issued after June 30 may be paid out of the next fiscal
4year's appropriation. The future year appropriation must be for
5the same purpose and from the same fund as the original
6payment. An interest penalty voucher submitted against a future
7year appropriation must be submitted within 60 days after the
8issuance of the associated voucher, except that, for fiscal
9year 2018 only, an interest penalty voucher submitted against a
10future year appropriation must be submitted within 60 days of
11June 5, 2019 (the effective date of Public Act 101-10) this
12amendatory Act of the 101st General Assembly. The Comptroller
13must issue the interest payment within 60 days after acceptance
14of the interest voucher.
15    (b-3) Medical payments may be made by the Department of
16Veterans' Affairs from its appropriations for those purposes
17for any fiscal year, without regard to the fact that the
18medical services being compensated for by such payment may have
19been rendered in a prior fiscal year, except as required by
20subsection (j) of this Section. Beginning on June 30, 2021,
21medical payments payable from appropriations that have
22otherwise expired may be paid out of the expiring appropriation
23during the 4-month period ending at the close of business on
24October 31.
25    (b-4) Medical payments and child care payments may be made
26by the Department of Human Services (as successor to the

 

 

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1Department of Public Aid) from appropriations for those
2purposes for any fiscal year, without regard to the fact that
3the medical or child care services being compensated for by
4such payment may have been rendered in a prior fiscal year; and
5payments may be made at the direction of the Department of
6Healthcare and Family Services (or successor agency) from the
7Health Insurance Reserve Fund without regard to any fiscal year
8limitations, except as required by subsection (j) of this
9Section. Beginning on June 30, 2021, medical and child care
10payments made by the Department of Human Services and payments
11made at the discretion of the Department of Healthcare and
12Family Services (or successor agency) from the Health Insurance
13Reserve Fund and payable from appropriations that have
14otherwise expired may be paid out of the expiring appropriation
15during the 4-month period ending at the close of business on
16October 31.
17    (b-5) Medical payments may be made by the Department of
18Human Services from its appropriations relating to substance
19abuse treatment services for any fiscal year, without regard to
20the fact that the medical services being compensated for by
21such payment may have been rendered in a prior fiscal year,
22provided the payments are made on a fee-for-service basis
23consistent with requirements established for Medicaid
24reimbursement by the Department of Healthcare and Family
25Services, except as required by subsection (j) of this Section.
26Beginning on June 30, 2021, medical payments made by the

 

 

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1Department of Human Services relating to substance abuse
2treatment services payable from appropriations that have
3otherwise expired may be paid out of the expiring appropriation
4during the 4-month period ending at the close of business on
5October 31.
6    (b-6) (Blank).
7    (b-7) Payments may be made in accordance with a plan
8authorized by paragraph (11) or (12) of Section 405-105 of the
9Department of Central Management Services Law from
10appropriations for those payments without regard to fiscal year
11limitations.
12    (b-8) Reimbursements to eligible airport sponsors for the
13construction or upgrading of Automated Weather Observation
14Systems may be made by the Department of Transportation from
15appropriations for those purposes for any fiscal year, without
16regard to the fact that the qualification or obligation may
17have occurred in a prior fiscal year, provided that at the time
18the expenditure was made the project had been approved by the
19Department of Transportation prior to June 1, 2012 and, as a
20result of recent changes in federal funding formulas, can no
21longer receive federal reimbursement.
22    (b-9) (Blank).
23    (c) Further, payments may be made by the Department of
24Public Health and the Department of Human Services (acting as
25successor to the Department of Public Health under the
26Department of Human Services Act) from their respective

 

 

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1appropriations for grants for medical care to or on behalf of
2premature and high-mortality risk infants and their mothers and
3for grants for supplemental food supplies provided under the
4United States Department of Agriculture Women, Infants and
5Children Nutrition Program, for any fiscal year without regard
6to the fact that the services being compensated for by such
7payment may have been rendered in a prior fiscal year, except
8as required by subsection (j) of this Section. Beginning on
9June 30, 2021, payments made by the Department of Public Health
10and the Department of Human Services from their respective
11appropriations for grants for medical care to or on behalf of
12premature and high-mortality risk infants and their mothers and
13for grants for supplemental food supplies provided under the
14United States Department of Agriculture Women, Infants and
15Children Nutrition Program payable from appropriations that
16have otherwise expired may be paid out of the expiring
17appropriations during the 4-month period ending at the close of
18business on October 31.
19    (d) The Department of Public Health and the Department of
20Human Services (acting as successor to the Department of Public
21Health under the Department of Human Services Act) shall each
22annually submit to the State Comptroller, Senate President,
23Senate Minority Leader, Speaker of the House, House Minority
24Leader, and the respective Chairmen and Minority Spokesmen of
25the Appropriations Committees of the Senate and the House, on
26or before December 31, a report of fiscal year funds used to

 

 

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1pay for services provided in any prior fiscal year. This report
2shall document by program or service category those
3expenditures from the most recently completed fiscal year used
4to pay for services provided in prior fiscal years.
5    (e) The Department of Healthcare and Family Services, the
6Department of Human Services (acting as successor to the
7Department of Public Aid), and the Department of Human Services
8making fee-for-service payments relating to substance abuse
9treatment services provided during a previous fiscal year shall
10each annually submit to the State Comptroller, Senate
11President, Senate Minority Leader, Speaker of the House, House
12Minority Leader, the respective Chairmen and Minority
13Spokesmen of the Appropriations Committees of the Senate and
14the House, on or before November 30, a report that shall
15document by program or service category those expenditures from
16the most recently completed fiscal year used to pay for (i)
17services provided in prior fiscal years and (ii) services for
18which claims were received in prior fiscal years.
19    (f) The Department of Human Services (as successor to the
20Department of Public Aid) shall annually submit to the State
21Comptroller, Senate President, Senate Minority Leader, Speaker
22of the House, House Minority Leader, and the respective
23Chairmen and Minority Spokesmen of the Appropriations
24Committees of the Senate and the House, on or before December
2531, a report of fiscal year funds used to pay for services
26(other than medical care) provided in any prior fiscal year.

 

 

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1This report shall document by program or service category those
2expenditures from the most recently completed fiscal year used
3to pay for services provided in prior fiscal years.
4    (g) In addition, each annual report required to be
5submitted by the Department of Healthcare and Family Services
6under subsection (e) shall include the following information
7with respect to the State's Medicaid program:
8        (1) Explanations of the exact causes of the variance
9    between the previous year's estimated and actual
10    liabilities.
11        (2) Factors affecting the Department of Healthcare and
12    Family Services' liabilities, including, but not limited
13    to, numbers of aid recipients, levels of medical service
14    utilization by aid recipients, and inflation in the cost of
15    medical services.
16        (3) The results of the Department's efforts to combat
17    fraud and abuse.
18    (h) As provided in Section 4 of the General Assembly
19Compensation Act, any utility bill for service provided to a
20General Assembly member's district office for a period
21including portions of 2 consecutive fiscal years may be paid
22from funds appropriated for such expenditure in either fiscal
23year.
24    (i) An agency which administers a fund classified by the
25Comptroller as an internal service fund may issue rules for:
26        (1) billing user agencies in advance for payments or

 

 

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1    authorized inter-fund transfers based on estimated charges
2    for goods or services;
3        (2) issuing credits, refunding through inter-fund
4    transfers, or reducing future inter-fund transfers during
5    the subsequent fiscal year for all user agency payments or
6    authorized inter-fund transfers received during the prior
7    fiscal year which were in excess of the final amounts owed
8    by the user agency for that period; and
9        (3) issuing catch-up billings to user agencies during
10    the subsequent fiscal year for amounts remaining due when
11    payments or authorized inter-fund transfers received from
12    the user agency during the prior fiscal year were less than
13    the total amount owed for that period.
14User agencies are authorized to reimburse internal service
15funds for catch-up billings by vouchers drawn against their
16respective appropriations for the fiscal year in which the
17catch-up billing was issued or by increasing an authorized
18inter-fund transfer during the current fiscal year. For the
19purposes of this Act, "inter-fund transfers" means transfers
20without the use of the voucher-warrant process, as authorized
21by Section 9.01 of the State Comptroller Act.
22    (i-1) Beginning on July 1, 2021, all outstanding
23liabilities, not payable during the 4-month lapse period as
24described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
25(c) of this Section, that are made from appropriations for that
26purpose for any fiscal year, without regard to the fact that

 

 

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1the services being compensated for by those payments may have
2been rendered in a prior fiscal year, are limited to only those
3claims that have been incurred but for which a proper bill or
4invoice as defined by the State Prompt Payment Act has not been
5received by September 30th following the end of the fiscal year
6in which the service was rendered.
7    (j) Notwithstanding any other provision of this Act, the
8aggregate amount of payments to be made without regard for
9fiscal year limitations as contained in subsections (b-1),
10(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
11determined by using Generally Accepted Accounting Principles,
12shall not exceed the following amounts:
13        (1) $6,000,000,000 for outstanding liabilities related
14    to fiscal year 2012;
15        (2) $5,300,000,000 for outstanding liabilities related
16    to fiscal year 2013;
17        (3) $4,600,000,000 for outstanding liabilities related
18    to fiscal year 2014;
19        (4) $4,000,000,000 for outstanding liabilities related
20    to fiscal year 2015;
21        (5) $3,300,000,000 for outstanding liabilities related
22    to fiscal year 2016;
23        (6) $2,600,000,000 for outstanding liabilities related
24    to fiscal year 2017;
25        (7) $2,000,000,000 for outstanding liabilities related
26    to fiscal year 2018;

 

 

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1        (8) $1,300,000,000 for outstanding liabilities related
2    to fiscal year 2019;
3        (9) $600,000,000 for outstanding liabilities related
4    to fiscal year 2020; and
5        (10) $0 for outstanding liabilities related to fiscal
6    year 2021 and fiscal years thereafter.
7    (k) Department of Healthcare and Family Services Medical
8Assistance Payments.
9        (1) Definition of Medical Assistance.
10            For purposes of this subsection, the term "Medical
11        Assistance" shall include, but not necessarily be
12        limited to, medical programs and services authorized
13        under Titles XIX and XXI of the Social Security Act,
14        the Illinois Public Aid Code, the Children's Health
15        Insurance Program Act, the Covering ALL KIDS Health
16        Insurance Act, the Long Term Acute Care Hospital
17        Quality Improvement Transfer Program Act, and medical
18        care to or on behalf of persons suffering from chronic
19        renal disease, persons suffering from hemophilia, and
20        victims of sexual assault.
21        (2) Limitations on Medical Assistance payments that
22    may be paid from future fiscal year appropriations.
23            (A) The maximum amounts of annual unpaid Medical
24        Assistance bills received and recorded by the
25        Department of Healthcare and Family Services on or
26        before June 30th of a particular fiscal year

 

 

HB0357 Enrolled- 99 -LRB101 05160 RJF 50172 b

1        attributable in aggregate to the General Revenue Fund,
2        Healthcare Provider Relief Fund, Tobacco Settlement
3        Recovery Fund, Long-Term Care Provider Fund, and the
4        Drug Rebate Fund that may be paid in total by the
5        Department from future fiscal year Medical Assistance
6        appropriations to those funds are: $700,000,000 for
7        fiscal year 2013 and $100,000,000 for fiscal year 2014
8        and each fiscal year thereafter.
9            (B) Bills for Medical Assistance services rendered
10        in a particular fiscal year, but received and recorded
11        by the Department of Healthcare and Family Services
12        after June 30th of that fiscal year, may be paid from
13        either appropriations for that fiscal year or future
14        fiscal year appropriations for Medical Assistance.
15        Such payments shall not be subject to the requirements
16        of subparagraph (A).
17            (C) Medical Assistance bills received by the
18        Department of Healthcare and Family Services in a
19        particular fiscal year, but subject to payment amount
20        adjustments in a future fiscal year may be paid from a
21        future fiscal year's appropriation for Medical
22        Assistance. Such payments shall not be subject to the
23        requirements of subparagraph (A).
24            (D) Medical Assistance payments made by the
25        Department of Healthcare and Family Services from
26        funds other than those specifically referenced in

 

 

HB0357 Enrolled- 100 -LRB101 05160 RJF 50172 b

1        subparagraph (A) may be made from appropriations for
2        those purposes for any fiscal year without regard to
3        the fact that the Medical Assistance services being
4        compensated for by such payment may have been rendered
5        in a prior fiscal year. Such payments shall not be
6        subject to the requirements of subparagraph (A).
7        (3) Extended lapse period for Department of Healthcare
8    and Family Services Medical Assistance payments.
9    Notwithstanding any other State law to the contrary,
10    outstanding Department of Healthcare and Family Services
11    Medical Assistance liabilities, as of June 30th, payable
12    from appropriations which have otherwise expired, may be
13    paid out of the expiring appropriations during the 6-month
14    period ending at the close of business on December 31st.
15    (l) The changes to this Section made by Public Act 97-691
16shall be effective for payment of Medical Assistance bills
17incurred in fiscal year 2013 and future fiscal years. The
18changes to this Section made by Public Act 97-691 shall not be
19applied to Medical Assistance bills incurred in fiscal year
202012 or prior fiscal years.
21    (m) The Comptroller must issue payments against
22outstanding liabilities that were received prior to the lapse
23period deadlines set forth in this Section as soon thereafter
24as practical, but no payment may be issued after the 4 months
25following the lapse period deadline without the signed
26authorization of the Comptroller and the Governor.

 

 

HB0357 Enrolled- 101 -LRB101 05160 RJF 50172 b

1(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
2101-10, eff. 6-5-19; 101-275, eff. 8-9-19; revised 9-12-19.)
 
3    Section 5-7. The State Finance Act is amended by changing
4Section 6z-27 as follows:
 
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 101st 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:
15Aggregate Operations Regulatory Fund......................806
16Agricultural Premium Fund..............................21,601
17Anna Veterans Home Fund................................14,618
18Appraisal Administration Fund...........................4,086
19Attorney General Court Ordered and Voluntary Compliance
20    Payment Projects Fund..............................17,446
21Attorney General Whistleblower Reward and Protection Fund.7,344
22Bank and Trust Company Fund............................87,912
23Brownfields Redevelopment Fund............................550
24Capital Development Board Revolving Fund................1,724

 

 

HB0357 Enrolled- 102 -LRB101 05160 RJF 50172 b

1Care Provider Fund for Persons with a Developmental
2    Disability..........................................5,445
3CDLIS/AAMVAnet/NMVTIS Trust Fund........................1,770
4Cemetery Oversight Licensing and Disciplinary Fund......4,432
5Chicago State University Education Improvement Fund.....5,211
6Child Support Administrative Fund.......................3,088
7Clean Air Act Permit Fund...............................6,766
8Coal Technology Development Assistance Fund............11,280
9Commitment to Human Services Fund.....................103,833
10Common School Fund....................................411,164
11Community Mental Health Medicaid Trust Fund............10,138
12Community Water Supply Laboratory Fund....................548
13Corporate Franchise Tax Refund Fund.......................751
14Credit Union Fund......................................19,740
15Cycle Rider Safety Training Fund..........................982
16DCFS Children's Services Fund.........................273,107
17Department of Business Services Special
18    Operations Fund.....................................4,386
19Department of Corrections Reimbursement and
20    Education Fund.....................................36,230
21Department of Human Services Community Services Fund....4,757
22Design Professionals Administration and
23    Investigation Fund..................................5,198
24Downstate Public Transportation Fund...................42,630
25Downstate Transit Improvement Fund......................1,807
26Drivers Education Fund..................................1,351

 

 

HB0357 Enrolled- 103 -LRB101 05160 RJF 50172 b

1Drug Rebate Fund.......................................21,955
2Drug Treatment Fund.......................................508
3Education Assistance Fund...........................1,901,464
4Environmental Protection Permit and Inspection Fund.....5,397
5Estate Tax Refund Fund....................................637
6Facilities Management Revolving Fund...................13,775
7Fair and Exposition Fund..................................863
8Federal High Speed Rail Trust Fund......................9,230
9Federal Workforce Training Fund.......................208,014
10Feed Control Fund.......................................1,319
11Fertilizer Control Fund.................................1,247
12Fire Prevention Fund....................................3,876
13Fund for the Advancement of Education..................46,221
14General Professions Dedicated Fund.....................26,266
15General Revenue Fund...............................17,653,153
16Grade Crossing Protection Fund..........................3,737
17Hazardous Waste Fund....................................3,625
18Health and Human Services Medicaid Trust Fund...........5,263
19Healthcare Provider Relief Fund.......................115,415
20Horse Racing Fund.....................................184,337
21Hospital Provider Fund.................................62,701
22Illinois Affordable Housing Trust Fund..................7,103
23Illinois Charity Bureau Fund............................2,108
24Illinois Clean Water Fund...............................8,679
25Illinois Forestry Development Fund......................6,189
26Illinois Gaming Law Enforcement Fund....................1,277

 

 

HB0357 Enrolled- 104 -LRB101 05160 RJF 50172 b

1Illinois Power Agency Operations Fund..................43,568
2Illinois State Dental Disciplinary Fund.................4,344
3Illinois State Fair Fund................................5,690
4Illinois State Medical Disciplinary Fund...............20,283
5Illinois State Pharmacy Disciplinary Fund...............9,856
6Illinois Veterans Assistance Fund.......................2,494
7Illinois Workers' Compensation Commission Operations Fund.2,896
8IMSA Income Fund........................................8,012
9Income Tax Refund Fund................................152,206
10Insurance Financial Regulation Fund...................104,597
11Insurance Premium Tax Refund Fund.......................9,901
12Insurance Producer Administration Fund................105,702
13International Tourism Fund..............................7,000
14LaSalle Veterans Home Fund.............................31,489
15LEADS Maintenance Fund....................................607
16Live and Learn Fund.....................................8,302
17Local Government Distributive Fund....................102,508
18Local Tourism Fund.....................................28,421
19Long-Term Care Provider Fund............................7,140
20Manteno Veterans Home Fund.............................47,417
21Medical Interagency Program Fund..........................669
22Mental Health Fund......................................7,492
23Monitoring Device Driving Permit Administration Fee Fund..762
24Motor Carrier Safety Inspection Fund....................1,114
25Motor Fuel Tax Fund...................................141,788
26Motor Vehicle License Plate Fund........................5,366

 

 

HB0357 Enrolled- 105 -LRB101 05160 RJF 50172 b

1Nursing Dedicated and Professional Fund................10,746
2Open Space Lands Acquisition and Development Fund......25,584
3Optometric Licensing and Disciplinary Board Fund........1,099
4Partners for Conservation Fund.........................20,187
5Pawnbroker Regulation Fund..............................1,072
6Personal Property Tax Replacement Fund.................88,655
7Pesticide Control Fund..................................5,617
8Professional Services Fund..............................2,795
9Professions Indirect Cost Fund........................180,536
10Public Pension Regulation Fund..........................8,434
11Public Transportation Fund.............................97,777
12Quincy Veterans Home Fund..............................57,745
13Real Estate License Administration Fund................32,015
14Regional Transportation Authority Occupation
15    and Use Tax Replacement Fund........................3,123
16Registered Certified Public Accountants' Administration and
17    Disciplinary Fund...................................2,560
18Renewable Energy Resources Trust Fund.....................797
19Rental Housing Support Program Fund.......................949
20Residential Finance Regulatory Fund....................20,349
21Road Fund.............................................557,727
22Roadside Memorial Fund....................................582
23Salmon Fund...............................................548
24Savings Bank Regulatory Fund............................2,100
25School Infrastructure Fund.............................18,703
26Secretary of State DUI Administration Fund................867

 

 

HB0357 Enrolled- 106 -LRB101 05160 RJF 50172 b

1Secretary of State Identification Security and Theft
2Prevention Fund.........................................4,660
3Secretary of State Special License Plate Fund...........1,772
4Secretary of State Special Services Fund................7,839
5Securities Audit and Enforcement Fund...................2,879
6Small Business Environmental Assistance Fund..............588
7Solid Waste Management Fund.............................7,389
8Special Education Medicaid Matching Fund................3,388
9State and Local Sales Tax Reform Fund...................6,573
10State Asset Forfeiture Fund.............................1,213
11State Construction Account Fund.......................129,461
12State Crime Laboratory Fund.............................2,462
13State Gaming Fund.....................................188,862
14State Garage Revolving Fund.............................4,303
15State Lottery Fund....................................145,905
16State Offender DNA Identification System Fund...........1,075
17State Pensions Fund...................................500,000
18State Police DUI Fund.....................................839
19State Police Firearm Services Fund......................4,981
20State Police Services Fund.............................11,660
21State Police Vehicle Fund...............................5,514
22State Police Whistleblower Reward and Protection Fund...2,822
23State Small Business Credit Initiative Fund............15,061
24Subtitle D Management Fund..............................1,067
25Supplemental Low-Income Energy Assistance Fund.........68,016
26Tax Compliance and Administration Fund..................4,713

 

 

HB0357 Enrolled- 107 -LRB101 05160 RJF 50172 b

1Technology Management Revolving Fund..................257,409
2Tobacco Settlement Recovery Fund........................4,825
3Tourism Promotion Fund.................................66,211
4Traffic and Criminal Conviction Surcharge Fund........226,070
5Underground Storage Tank Fund..........................19,110
6University of Illinois Hospital Services Fund...........3,813
7Vehicle Inspection Fund.................................9,673
8Violent Crime Victims Assistance Fund..................12,233
9Weights and Measures Fund...............................5,245
10Working Capital Revolving Fund.........................27,245
11Agricultural Premium Fund.............................152,228
12Assisted Living and Shared Housing Regulatory Fund.....2,549
13Care Provider Fund for Persons with a
14    Developmental Disability...........................14,212
15CDLIS/AAMVAnet/NMVTIS Trust Fund........................5,031
16Chicago State University Education Improvement Fund.....4,036
17Child Support Administrative Fund.......................5,843
18Clean Air Act Permit Fund................................980
19Common School Fund....................................238,911
20Community Mental Health Medicaid Trust Fund............23,615
21Corporate Franchise Tax Refund Fund....................3,294
22Death Certificate Surcharge Fund.......................4,790
23Death Penalty Abolition Fund...........................6,142
24Department of Business Services Special
25    Operations Fund....................................11,370
26Department of Human Services Community

 

 

HB0357 Enrolled- 108 -LRB101 05160 RJF 50172 b

1    Services Fund......................................11,733
2Downstate Public Transportation Fund...................12,268
3Driver Services Administration Fund.....................1,272
4Drug Rebate Fund.......................................41,241
5Drug Treatment Fund.....................................1,530
6Drunk and Drugged Driving Prevention Fund................790
7Education Assistance Fund...........................1,332,369
8Electronic Health Record Incentive Fund.................2,575
9Emergency Public Health Fund...........................9,383
10EMS Assistance Fund....................................1,925
11Environmental Protection Permit and Inspection Fund......733
12Estate Tax Refund Fund.................................1,877
13Facilities Management Revolving Fund...................19,625
14Facility Licensing Fund................................2,411
15Fair and Exposition Fund................................4,698
16Federal Financing Cost Reimbursement Fund................649
17Federal High Speed Rail Trust Fund.....................14,092
18Feed Control Fund.......................................8,112
19Fertilizer Control Fund.................................6,898
20Fire Prevention Fund....................................3,706
21Food and Drug Safety Fund..............................4,068
22Fund for the Advancement of Education..................14,680
23General Professions Dedicated Fund......................3,102
24General Revenue Fund...............................17,653,153
25Grade Crossing Protection Fund..........................1,483
26Grant Accountability and Transparency Fund...............594

 

 

HB0357 Enrolled- 109 -LRB101 05160 RJF 50172 b

1Hazardous Waste Fund.....................................633
2Health and Human Services Medicaid Trust Fund...........9,399
3Health Facility Plan Review Fund.......................3,521
4Healthcare Provider Relief Fund.......................230,920
5Healthy Smiles Fund......................................892
6Home Care Services Agency Licensure Fund...............3,582
7Hospital Licensure Fund................................1,946
8Hospital Provider Fund................................115,090
9ICJIA Violence Prevention Fund.........................2,023
10Illinois Affordable Housing Trust Fund..................7,306
11Illinois Clean Water Fund..............................1,177
12Illinois Health Facilities Planning Fund...............4,047
13Illinois School Asbestos Abatement Fund................1,150
14Illinois Standardbred Breeders Fund...................12,452
15Illinois State Fair Fund...............................29,588
16Illinois Thoroughbred Breeders Fund...................19,485
17Illinois Veterans' Rehabilitation Fund..................1,187
18Illinois Workers' Compensation Commission
19    Operations Fund...................................206,564
20IMSA Income Fund........................................7,646
21Income Tax Refund Fund.................................55,081
22Lead Poisoning Screening, Prevention, and
23    Abatement Fund.....................................7,730
24Live and Learn Fund....................................21,306
25Lobbyist Registration Administration Fund...............1,088
26Local Government Distributive Fund.....................31,539

 

 

HB0357 Enrolled- 110 -LRB101 05160 RJF 50172 b

1Long-Term Care Monitor/Receiver Fund..................54,094
2Long-Term Care Provider Fund...........................20,649
3Mandatory Arbitration Fund.............................2,225
4Medical Interagency Program Fund........................1,948
5Medical Special Purposes Trust Fund....................2,073
6Mental Health Fund.....................................15,458
7Metabolic Screening and Treatment Fund................44,251
8Monitoring Device Driving Permit
9    Administration Fee Fund.............................1,082
10Motor Fuel Tax Fund....................................41,504
11Motor Vehicle License Plate Fund.......................14,732
12Motor Vehicle Theft Prevention and Insurance
13    Verification Trust Fund.......645
14Nursing Dedicated and Professional Fund.................3,690
15Open Space Lands Acquisition and Development Fund........943
16Partners for Conservation Fund.........................43,490
17Personal Property Tax
18    Replacement Fund..................................100,416
19Pesticide Control Fund.................................34,045
20Plumbing Licensure and Program Fund....................4,005
21Professional Services Fund..............................3,806
22Public Health Laboratory Services Revolving Fund.......7,750
23Public Transportation Fund.............................31,285
24Renewable Energy Resources Trust Fund.................10,947
25Regional Transportation Authority Occupation and
26    Use Tax Replacement Fund..............................898

 

 

HB0357 Enrolled- 111 -LRB101 05160 RJF 50172 b

1Rental Housing Support Program Fund.......................503
2Road Fund.............................................215,480
3School Infrastructure Fund.............................15,933
4Secretary of State DUI Administration Fund..............1,980
5Secretary of State Identification Security and Theft
6    Prevention Fund....................................12,530
7Secretary of State Special License Plate Fund...........3,274
8Secretary of State Special Services Fund...............18,638
9Securities Audit and Enforcement Fund...................7,900
10Solid Waste Management Fund..............................959
11Special Education Medicaid Matching Fund................7,016
12State and Local Sales Tax Reform Fund...................2,022
13State Construction Account Fund........................33,539
14State Gaming Fund......................................83,992
15State Garage Revolving Fund.............................5,770
16State Lottery Fund....................................487,256
17State Pensions Fund...................................500,000
18State Treasurer's Bank Services Trust Fund...............625
19Supreme Court Special Purposes Fund....................3,879
20Tattoo and Body Piercing Establishment
21    Registration Fund....................................706
22Tax Compliance and Administration Fund..................1,490
23Tobacco Settlement Recovery Fund.......................34,105
24Trauma Center Fund....................................10,783
25Underground Storage Tank Fund..........................2,737
26University of Illinois Hospital Services Fund...........4,602

 

 

HB0357 Enrolled- 112 -LRB101 05160 RJF 50172 b

1The Vehicle Inspection Fund.............................4,243
2Weights and Measures Fund..............................27,517
3    Notwithstanding any provision of the law to the contrary,
4the General Assembly hereby authorizes the use of such funds
5for the purposes set forth in this Section.
6    These provisions do not apply to funds classified by the
7Comptroller as federal trust funds or State trust funds. The
8Audit Expense Fund may receive transfers from those trust funds
9only as directed herein, except where prohibited by the terms
10of the trust fund agreement. The Auditor General shall notify
11the trustees of those funds of the estimated cost of the audit
12to be incurred under the Illinois State Auditing Act for the
13fund. The trustees of those funds shall direct the State
14Comptroller and Treasurer to transfer the estimated amount to
15the Audit Expense Fund.
16    The Auditor General may bill entities that are not subject
17to the above transfer provisions, including private entities,
18related organizations and entities whose funds are
19locally-held, for the cost of audits, studies, and
20investigations incurred on their behalf. Any revenues received
21under this provision shall be deposited into the Audit Expense
22Fund.
23    In the event that moneys on deposit in any fund are
24unavailable, by reason of deficiency or any other reason
25preventing their lawful transfer, the State Comptroller shall
26order transferred and the State Treasurer shall transfer the

 

 

HB0357 Enrolled- 113 -LRB101 05160 RJF 50172 b

1amount deficient or otherwise unavailable from the General
2Revenue Fund for deposit into the Audit Expense Fund.
3    On or before December 1, 1992, and each December 1
4thereafter, the Auditor General shall notify the Governor's
5Office of Management and Budget (formerly Bureau of the Budget)
6of the amount estimated to be necessary to pay for audits,
7studies, and investigations in accordance with the Illinois
8State Auditing Act during the next succeeding fiscal year for
9each State fund for which a transfer or reimbursement is
10anticipated.
11    Beginning with fiscal year 1994 and during each fiscal year
12thereafter, the Auditor General may direct the State
13Comptroller and Treasurer to transfer moneys from funds
14authorized by the General Assembly for that fund. In the event
15funds, including federal and State trust funds but excluding
16the General Revenue Fund, are transferred, during fiscal year
171994 and during each fiscal year thereafter, in excess of the
18amount to pay actual costs attributable to audits, studies, and
19investigations as permitted or required by the Illinois State
20Auditing Act or specific action of the General Assembly, the
21Auditor General shall, on September 30, or as soon thereafter
22as is practicable, direct the State Comptroller and Treasurer
23to transfer the excess amount back to the fund from which it
24was originally transferred.
25(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
26101-10, eff. 6-5-19.)
 

 

 

HB0357 Enrolled- 114 -LRB101 05160 RJF 50172 b

1    Section 5-10. The Gifts and Grants to Government Act is
2amended by adding Section 5 as follows:
 
3    (30 ILCS 110/5 new)
4    Sec. 5. Lieutenant Governor's Grant Fund; additional
5purposes. In addition to any other deposits authorized by law,
6the Lieutenant Governor's Grant Fund may accept funds from any
7source, public or private, to be used for the purposes of such
8funds including administrative costs of the Lieutenant
9Governor's Office.
 
10    Section 5-15. The State Revenue Sharing Act is amended by
11changing Section 12 as follows:
 
12    (30 ILCS 115/12)  (from Ch. 85, par. 616)
13    Sec. 12. Personal Property Tax Replacement Fund. There is
14hereby created the Personal Property Tax Replacement Fund, a
15special fund in the State Treasury into which shall be paid all
16revenue realized:
17        (a) all amounts realized from the additional personal
18    property tax replacement income tax imposed by subsections
19    (c) and (d) of Section 201 of the Illinois Income Tax Act,
20    except for those amounts deposited into the Income Tax
21    Refund Fund pursuant to subsection (c) of Section 901 of
22    the Illinois Income Tax Act; and

 

 

HB0357 Enrolled- 115 -LRB101 05160 RJF 50172 b

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

 

 

HB0357 Enrolled- 116 -LRB101 05160 RJF 50172 b

1overpayment of liability for taxes paid into the Personal
2Property Tax Replacement Fund.
3    In addition, moneys in the Personal Property Tax
4Replacement Fund may be used to pay any of the following: (i)
5salary, stipends, and additional compensation as provided by
6law for chief election clerks, county clerks, and county
7recorders; (ii) costs associated with regional offices of
8education and educational service centers; (iii)
9reimbursements payable by the State Board of Elections under
10Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
11Election Code; (iv) expenses of the Illinois Educational Labor
12Relations Board; and (v) salary, personal services, and
13additional compensation as provided by law for court reporters
14under the Court Reporters Act.
15    As soon as may be after June 26, 1980 (the effective date
16of Public Act 81-1255) this amendatory Act of 1980, the
17Department of Revenue shall certify to the Treasurer the amount
18of net replacement revenue paid into the General Revenue Fund
19prior to that effective date from the additional tax imposed by
20Section 2a.1 of the Messages Tax Act; Section 2a.1 of the Gas
21Revenue Tax Act; Section 2a.1 of the Public Utilities Revenue
22Act; Section 3 of the Water Company Invested Capital Tax Act;
23amounts collected by the Department of Revenue under the
24Telecommunications Infrastructure Maintenance Fee Act; and the
25additional personal property tax replacement income tax
26imposed by the Illinois Income Tax Act, as amended by Public

 

 

HB0357 Enrolled- 117 -LRB101 05160 RJF 50172 b

1Act 81-1st Special Session-1. Net replacement revenue shall be
2defined as the total amount paid into and remaining in the
3General Revenue Fund as a result of those Acts minus the amount
4outstanding and obligated from the General Revenue Fund in
5state vouchers or warrants prior to June 26, 1980 (the
6effective date of Public Act 81-1255) this amendatory Act of
71980 as refunds to taxpayers for overpayment of liability under
8those Acts.
9    All interest earned by monies accumulated in the Personal
10Property Tax Replacement Fund shall be deposited in such Fund.
11All amounts allocated pursuant to this Section are appropriated
12on a continuing basis.
13    Prior to December 31, 1980, as soon as may be after the end
14of each quarter beginning with the quarter ending December 31,
151979, and on and after December 31, 1980, as soon as may be
16after January 1, March 1, April 1, May 1, July 1, August 1,
17October 1 and December 1 of each year, the Department of
18Revenue shall allocate to each taxing district as defined in
19Section 1-150 of the Property Tax Code, in accordance with the
20provisions of paragraph (2) of this Section the portion of the
21funds held in the Personal Property Tax Replacement Fund which
22is required to be distributed, as provided in paragraph (1),
23for each quarter. Provided, however, under no circumstances
24shall any taxing district during each of the first two years of
25distribution of the taxes imposed by Public Act 81-1st Special
26Session-1 this amendatory Act of 1979 be entitled to an annual

 

 

HB0357 Enrolled- 118 -LRB101 05160 RJF 50172 b

1allocation which is less than the funds such taxing district
2collected from the 1978 personal property tax. Provided further
3that under no circumstances shall any taxing district during
4the third year of distribution of the taxes imposed by Public
5Act 81-1st Special Session-1 this amendatory Act of 1979
6receive less than 60% of the funds such taxing district
7collected from the 1978 personal property tax. In the event
8that the total of the allocations made as above provided for
9all taxing districts, during either of such 3 years, exceeds
10the amount available for distribution the allocation of each
11taxing district shall be proportionately reduced. Except as
12provided in Section 13 of this Act, the Department shall then
13certify, pursuant to appropriation, such allocations to the
14State Comptroller who shall pay over to the several taxing
15districts the 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

 

 

HB0357 Enrolled- 119 -LRB101 05160 RJF 50172 b

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

 

 

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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,

 

 

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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) the ordinary and contingent expenses of the Property
4    Tax Appeal Board and the expenses of the Department of
5    Revenue incurred in administering the collection and
6    distribution of moneys paid into the Fund; (f) for fiscal
7    years 2012 and 2013 only, a sufficient amount to pay
8    stipends, additional compensation, salary reimbursements,
9    and other amounts directed to be paid out of this Fund for
10    regional offices and officials as authorized or required by
11    statute; or (g) for fiscal years 2018 through 2021 2020
12    only, a sufficient amount to pay amounts directed to be
13    paid out of this Fund for public community college base
14    operating grants and local health protection grants to
15    certified local health departments as authorized or
16    required by appropriation or statute. Such portion of the
17    fund shall be determined after the transfer into the
18    General Revenue Fund due to refunds, if any, paid from the
19    General Revenue Fund during the preceding quarter. If at
20    any time, for any reason, there is insufficient amount in
21    the Personal Property Tax Replacement Fund for payments for
22    regional offices and officials or local officials or
23    payment of costs of administration or for transfers due to
24    refunds at the end of any particular month, the amount of
25    such insufficiency shall be carried over for the purposes
26    of payments for regional offices and officials, local

 

 

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1    officials, transfers into the General Revenue Fund, and
2    costs of administration to the following month or months.
3    Net replacement revenue held, and defined above, shall be
4    transferred by the Treasurer and Comptroller to the
5    Personal Property Tax Replacement Fund within 10 days of
6    such certification.
7        (2) Each quarterly allocation shall first be
8    apportioned in the following manner: 51.65% for taxing
9    districts in Cook County and 48.35% for taxing districts in
10    the remainder of the State.
11    The Personal Property Replacement Ratio of each taxing
12district outside Cook County shall be the ratio which the Tax
13Base of that taxing district bears to the Downstate Tax Base.
14The Tax Base of each taxing district outside of Cook County is
15the personal property tax collections for that taxing district
16for the 1977 tax year. The Downstate Tax Base is the personal
17property tax collections for all taxing districts in the State
18outside of Cook County for the 1977 tax year. The Department of
19Revenue shall have authority to review for accuracy and
20completeness the personal property tax collections for each
21taxing district outside Cook County for the 1977 tax year.
22    The Personal Property Replacement Ratio of each Cook County
23taxing district shall be the ratio which the Tax Base of that
24taxing district bears to the Cook County Tax Base. The Tax Base
25of each Cook County taxing district is the personal property
26tax collections for that taxing district for the 1976 tax year.

 

 

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1The Cook County Tax Base is the personal property tax
2collections for all taxing districts in Cook County for the
31976 tax year. The Department of Revenue shall have authority
4to review for accuracy and completeness the personal property
5tax collections for each taxing district within Cook County for
6the 1976 tax year.
7    For all purposes of this Section 12, amounts paid to a
8taxing district for such tax years as may be applicable by a
9foreign corporation under the provisions of Section 7-202 of
10the Public Utilities Act, as amended, shall be deemed to be
11personal property taxes collected by such taxing district for
12such tax years as may be applicable. The Director shall
13determine from the Illinois Commerce Commission, for any tax
14year as may be applicable, the amounts so paid by any such
15foreign corporation to any and all taxing districts. The
16Illinois Commerce Commission shall furnish such information to
17the Director. For all purposes of this Section 12, the Director
18shall deem such amounts to be collected personal property taxes
19of each such taxing district for the applicable tax year or
20years.
21    Taxing districts located both in Cook County and in one or
22more other counties shall receive both a Cook County allocation
23and a Downstate allocation determined in the same way as all
24other taxing districts.
25    If any taxing district in existence on July 1, 1979 ceases
26to exist, or discontinues its operations, its Tax Base shall

 

 

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1thereafter be deemed to be zero. If the powers, duties and
2obligations of the discontinued taxing district are assumed by
3another taxing district, the Tax Base of the discontinued
4taxing district shall be added to the Tax Base of the taxing
5district assuming such powers, duties and obligations.
6    If two or more taxing districts in existence on July 1,
71979, or a successor or successors thereto shall consolidate
8into one taxing district, the Tax Base of such consolidated
9taxing district shall be the sum of the Tax Bases of each of
10the taxing districts which have consolidated.
11    If a single taxing district in existence on July 1, 1979,
12or a successor or successors thereto shall be divided into two
13or more separate taxing districts, the tax base of the taxing
14district so divided shall be allocated to each of the resulting
15taxing districts in proportion to the then current equalized
16assessed value of each resulting taxing district.
17    If a portion of the territory of a taxing district is
18disconnected and annexed to another taxing district of the same
19type, the Tax Base of the taxing district from which
20disconnection was made shall be reduced in proportion to the
21then current equalized assessed value of the disconnected
22territory as compared with the then current equalized assessed
23value within the entire territory of the taxing district prior
24to disconnection, and the amount of such reduction shall be
25added to the Tax Base of the taxing district to which
26annexation is made.

 

 

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1    If a community college district is created after July 1,
21979, beginning on January 1, 1996 (the effective date of
3Public Act 89-327) this amendatory Act of 1995, its Tax Base
4shall be 3.5% of the sum of the personal property tax collected
5for the 1977 tax year within the territorial jurisdiction of
6the district.
7    The amounts allocated and paid to taxing districts pursuant
8to the provisions of Public Act 81-1st Special Session-1 this
9amendatory Act of 1979 shall be deemed to be substitute
10revenues for the revenues derived from taxes imposed on
11personal property pursuant to the provisions of the "Revenue
12Act of 1939" or "An Act for the assessment and taxation of
13private car line companies", approved July 22, 1943, as
14amended, or Section 414 of the Illinois Insurance Code, prior
15to the abolition of such taxes and shall be used for the same
16purposes as the revenues derived from ad valorem taxes on real
17estate.
18    Monies received by any taxing districts from the Personal
19Property Tax Replacement Fund shall be first applied toward
20payment of the proportionate amount of debt service which was
21previously levied and collected from extensions against
22personal property on bonds outstanding as of December 31, 1978
23and next applied toward payment of the proportionate share of
24the pension or retirement obligations of the taxing district
25which were previously levied and collected from extensions
26against personal property. For each such outstanding bond

 

 

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1issue, the County Clerk shall determine the percentage of the
2debt service which was collected from extensions against real
3estate in the taxing district for 1978 taxes payable in 1979,
4as related to the total amount of such levies and collections
5from extensions against both real and personal property. For
61979 and subsequent years' taxes, the County Clerk shall levy
7and extend taxes against the real estate of each taxing
8district which will yield the said percentage or percentages of
9the debt service on such outstanding bonds. The balance of the
10amount necessary to fully pay such debt service shall
11constitute a first and prior lien upon the monies received by
12each such taxing district through the Personal Property Tax
13Replacement Fund and shall be first applied or set aside for
14such purpose. In counties having fewer than 3,000,000
15inhabitants, the amendments to this paragraph as made by Public
16Act 81-1255 this amendatory Act of 1980 shall be first
17applicable to 1980 taxes to be collected in 1981.
18(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
19101-10, eff. 6-5-19.)
 
20    Section 5-20. The Agricultural Fair Act is amended by
21changing Section 16 as follows:
 
22    (30 ILCS 120/16)  (from Ch. 85, par. 666)
23    Sec. 16. Agricultural education. Agricultural Education
24Section Fairs, which shall not be located in more than 25

 

 

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1sections, shall be organized and conducted under the
2supervision of the Department. The Department shall designate
3the sections of the State for Agricultural Education Fairs.
4These fairs shall participate in an appropriation at a rate
5designated by the Bureau that is in compliance with the current
6year's appropriation for each section holding an Agricultural
7Education Section Fair or Fairs during the current year.
8    Such monies are to be paid as premiums awarded to
9agricultural education students exhibiting livestock or
10agricultural products at the fair or fairs in the section in
11which the student resides. No premium shall be duplicated for
12any particular exhibition of livestock or agricultural
13products in the fair or fairs held in any one section.
14    Within 30 days after the close of the fair, a section fair
15manager as designated by the Department shall certify to the
16Department under oath on forms furnished by the Department a
17detailed report of premium awards showing all premiums awarded
18to agricultural education students at that fair. Warrants shall
19be issued by the State Comptroller payable to the agricultural
20education teacher or teachers on vouchers certified by the
21Department.
22    If after all approved claims are paid there remains any
23amount of the appropriation, the remaining portion shall be
24distributed equally among the participating agricultural
25education section fairs to be expended for the purposes set
26forth in this Section. A fiscal accounting of the expenditure

 

 

HB0357 Enrolled- 128 -LRB101 05160 RJF 50172 b

1of funds distributed under this paragraph shall be filed with
2the Department by each participating fair not later than one
3year after the date of its receipt of such funds.
4    For State fiscal year 2020 only, any section unable to hold
5an Agricultural Education Section Fair or Fairs shall receive
6all funds appropriated, at the rate designated by the Bureau of
7County Fairs, for the purpose of issuing premiums awarded to
8agricultural education students. Warrants shall be issued by
9the State Comptroller payable to the agricultural education
10teacher or teachers on vouchers certified by the Department.
11(Source: P.A. 94-261, eff. 1-1-06.)
 
12    Section 5-25. The Public Use Trust Act is amended by
13changing Section 2 as follows:
 
14    (30 ILCS 160/2)  (from Ch. 127, par. 4002)
15    Sec. 2. (a) The Department of Agriculture, and the
16Department of Natural Resources, and the Abraham Lincoln
17Presidential Library and Museum have the power to enter into a
18trust agreement with a person or group of persons under which
19the State agency may receive or collect money or other property
20from the person or group of persons and may expend such money
21or property solely for a public purpose within the powers and
22duties of that State agency and stated in the trust agreement.
23The State agency shall be the trustee under any such trust
24agreement.

 

 

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1    (b) Money or property received under a trust agreement
2shall not be deposited in the State treasury and is not subject
3to appropriation by the General Assembly, but shall be held and
4invested by the trustee separate and apart from the State
5treasury. The trustee shall invest money or property received
6under a trust agreement as provided for trustees under the
7Trusts and Trustees Act or as otherwise provided in the trust
8agreement.
9    (c) The trustee shall maintain detailed records of all
10receipts and disbursements in the same manner as required for
11trustees under the Trusts and Trustees Act. The trustee shall
12provide an annual accounting of all receipts, disbursements,
13and inventory to all donors to the trust and the Auditor
14General. The annual accounting shall be made available to any
15member of the public upon request.
16(Source: P.A. 100-695, eff. 8-3-18.).
 
17    Section 5-30. The Illinois Coal Technology Development
18Assistance Act is amended by changing Section 3 as follows:
 
19    (30 ILCS 730/3)  (from Ch. 96 1/2, par. 8203)
20    Sec. 3. Transfers to Coal Technology Development
21Assistance Fund.
22    (a) As soon as may be practicable after the first day of
23each month, the Department of Revenue shall certify to the
24Treasurer an amount equal to 1/64 of the revenue realized from

 

 

HB0357 Enrolled- 130 -LRB101 05160 RJF 50172 b

1the tax imposed by the Electricity Excise Tax Law, Section 2 of
2the Public Utilities Revenue Act, Section 2 of the Messages Tax
3Act, and Section 2 of the Gas Revenue Tax Act, during the
4preceding month. Upon receipt of the certification, the
5Treasurer shall transfer the amount shown on such certification
6from the General Revenue Fund to the Coal Technology
7Development Assistance Fund, which is hereby created as a
8special fund in the State treasury, except that no transfer
9shall be made in any month in which the Fund has reached the
10following balance:
11        (1) (Blank).
12        (2) (Blank).
13        (3) (Blank).
14        (4) (Blank).
15        (5) (Blank).
16        (6) Expect as otherwise provided in subsection (b),
17    during fiscal year 2006 and each fiscal year thereafter, an
18    amount equal to the sum of $10,000,000 plus additional
19    moneys deposited into the Coal Technology Development
20    Assistance Fund from the Renewable Energy Resources and
21    Coal Technology Development Assistance Charge under
22    Section 6.5 of the Renewable Energy, Energy Efficiency, and
23    Coal Resources Development Law of 1997.
24    (b) During fiscal years 2019 through 2021 and 2020 only,
25the Treasurer shall make no transfers from the General Revenue
26Fund to the Coal Technology Development Assistance Fund.

 

 

HB0357 Enrolled- 131 -LRB101 05160 RJF 50172 b

1(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
 
2    Section 5-35. The Downstate Public Transportation Act is
3amended by changing Section 2-3 as follows:
 
4    (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)
5    Sec. 2-3. (a) As soon as possible after the first day of
6each month, beginning July 1, 1984, upon certification of the
7Department of Revenue, the Comptroller shall order
8transferred, and the Treasurer shall transfer, from the General
9Revenue Fund to a special fund in the State Treasury which is
10hereby created, to be known as the Downstate Public
11Transportation Fund, an amount equal to 2/32 (beginning July 1,
122005, 3/32) of the net revenue realized from the Retailers'
13Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
14Act, and the Service Use Tax Act from persons incurring
15municipal or county retailers' or service occupation tax
16liability for the benefit of any municipality or county located
17wholly within the boundaries of each participant, other than
18any Metro-East Transit District participant certified pursuant
19to subsection (c) of this Section during the preceding month,
20except that the Department shall pay into the Downstate Public
21Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
22of the net revenue realized under the State tax Acts named
23above within any municipality or county located wholly within
24the boundaries of each participant, other than any Metro-East

 

 

HB0357 Enrolled- 132 -LRB101 05160 RJF 50172 b

1participant, for tax periods beginning on or after January 1,
21990. Net revenue realized for a month shall be the revenue
3collected by the State pursuant to such Acts during the
4previous month from persons incurring municipal or county
5retailers' or service occupation tax liability for the benefit
6of any municipality or county located wholly within the
7boundaries of a participant, less the amount paid out during
8that same month as refunds or credit memoranda to taxpayers for
9overpayment of liability under such Acts for the benefit of any
10municipality or county located wholly within the boundaries of
11a participant.
12    Notwithstanding any provision of law to the contrary,
13beginning on July 6, 2017 (the effective date of Public Act
14100-23), those amounts required under this subsection (a) to be
15transferred by the Treasurer into the Downstate Public
16Transportation Fund from the General Revenue Fund shall be
17directly deposited into the Downstate Public Transportation
18Fund as the revenues are realized from the taxes indicated.
19    (b) As soon as possible after the first day of each month,
20beginning July 1, 1989, upon certification of the Department of
21Revenue, the Comptroller shall order transferred, and the
22Treasurer shall transfer, from the General Revenue Fund to a
23special fund in the State Treasury which is hereby created, to
24be known as the Metro-East Public Transportation Fund, an
25amount equal to 2/32 of the net revenue realized, as above,
26from within the boundaries of Madison, Monroe, and St. Clair

 

 

HB0357 Enrolled- 133 -LRB101 05160 RJF 50172 b

1Counties, except that the Department shall pay into the
2Metro-East Public Transportation Fund 2/32 of 80% of the net
3revenue realized under the State tax Acts specified in
4subsection (a) of this Section within the boundaries of
5Madison, Monroe and St. Clair Counties for tax periods
6beginning on or after January 1, 1990. A local match equivalent
7to an amount which could be raised by a tax levy at the rate of
8.05% on the assessed value of property within the boundaries of
9Madison County is required annually to cause a total of 2/32 of
10the net revenue to be deposited in the Metro-East Public
11Transportation Fund. Failure to raise the required local match
12annually shall result in only 1/32 being deposited into the
13Metro-East Public Transportation Fund after July 1, 1989, or
141/32 of 80% of the net revenue realized for tax periods
15beginning on or after January 1, 1990.
16    (b-5) As soon as possible after the first day of each
17month, beginning July 1, 2005, upon certification of the
18Department of Revenue, the Comptroller shall order
19transferred, and the Treasurer shall transfer, from the General
20Revenue Fund to the Downstate Public Transportation Fund, an
21amount equal to 3/32 of 80% of the net revenue realized from
22within the boundaries of Monroe and St. Clair Counties under
23the State Tax Acts specified in subsection (a) of this Section
24and provided further that, beginning July 1, 2005, the
25provisions of subsection (b) shall no longer apply with respect
26to such tax receipts from Monroe and St. Clair Counties.

 

 

HB0357 Enrolled- 134 -LRB101 05160 RJF 50172 b

1    Notwithstanding any provision of law to the contrary,
2beginning on July 6, 2017 (the effective date of Public Act
3100-23), those amounts required under this subsection (b-5) to
4be transferred by the Treasurer into the Downstate Public
5Transportation Fund from the General Revenue Fund shall be
6directly deposited into the Downstate Public Transportation
7Fund as the revenues are realized from the taxes indicated.
8    (b-6) As soon as possible after the first day of each
9month, beginning July 1, 2008, upon certification by the
10Department of Revenue, the Comptroller shall order transferred
11and the Treasurer shall transfer, from the General Revenue Fund
12to the Downstate Public Transportation Fund, an amount equal to
133/32 of 80% of the net revenue realized from within the
14boundaries of Madison County under the State Tax Acts specified
15in subsection (a) of this Section and provided further that,
16beginning July 1, 2008, the provisions of subsection (b) shall
17no longer apply with respect to such tax receipts from Madison
18County.
19    Notwithstanding any provision of law to the contrary,
20beginning on July 6, 2017 (the effective date of Public Act
21100-23), those amounts required under this subsection (b-6) to
22be transferred by the Treasurer into the Downstate Public
23Transportation Fund from the General Revenue Fund shall be
24directly deposited into the Downstate Public Transportation
25Fund as the revenues are realized from the taxes indicated.
26    (b-7) Beginning July 1, 2018, notwithstanding the other

 

 

HB0357 Enrolled- 135 -LRB101 05160 RJF 50172 b

1provisions of this Section, instead of the Comptroller making
2monthly transfers from the General Revenue Fund to the
3Downstate Public Transportation Fund, the Department of
4Revenue shall deposit the designated fraction of the net
5revenue realized from collections under the Retailers'
6Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
7Act, and the Service Use Tax Act directly into the Downstate
8Public Transportation Fund.
9    (c) The Department shall certify to the Department of
10Revenue the eligible participants under this Article and the
11territorial boundaries of such participants for the purposes of
12the Department of Revenue in subsections (a) and (b) of this
13Section.
14    (d) For the purposes of this Article, beginning in fiscal
15year 2009 the General Assembly shall appropriate an amount from
16the Downstate Public Transportation Fund equal to the sum total
17of funds projected to be paid to the participants pursuant to
18Section 2-7. If the General Assembly fails to make
19appropriations sufficient to cover the amounts projected to be
20paid pursuant to Section 2-7, this Act shall constitute an
21irrevocable and continuing appropriation from the Downstate
22Public Transportation Fund of all amounts necessary for those
23purposes.
24    (e) (Blank).
25    (f) (Blank).
26    (g) (Blank).

 

 

HB0357 Enrolled- 136 -LRB101 05160 RJF 50172 b

1    (h) For State fiscal year 2020 only, notwithstanding any
2provision of law to the contrary, the total amount of revenue
3and deposits under this Section attributable to revenues
4realized during State fiscal year 2020 shall be reduced by 5%.
5    (i) For State fiscal year 2021 only, notwithstanding any
6provision of law to the contrary, the total amount of revenue
7and deposits under this Section attributable to revenues
8realized during State fiscal year 2021 shall be reduced by 5%.
9(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
10100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff.
116-5-19.)
 
12    Section 5-40. The Public Library Construction Act is
13amended by changing Section 15-10 as follows:
 
14    (30 ILCS 767/15-10)
15    Sec. 15-10. Grant awards. The Secretary of State is
16authorized to make grants to public libraries for public
17library construction projects with funds appropriated for that
18purpose from the Build Illinois Bond Fund or the Capital
19Development Fund.
20(Source: P.A. 96-37, eff. 7-13-09.)
 
21
ARTICLE 10. REVENUES

 
22    Section 10-5. The Illinois Income Tax Act is amended by

 

 

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1changing Section 901 as follows:
 
2    (35 ILCS 5/901)
3    (Text of Section before amendment by P.A. 101-8)
4    Sec. 901. Collection authority.
5    (a) In general. The Department shall collect the taxes
6imposed by this Act. The Department shall collect certified
7past due child support amounts under Section 2505-650 of the
8Department of Revenue Law of the Civil Administrative Code of
9Illinois. Except as provided in subsections (b), (c), (e), (f),
10(g), and (h) of this Section, money collected pursuant to
11subsections (a) and (b) of Section 201 of this Act shall be
12paid into the General Revenue Fund in the State treasury; money
13collected pursuant to subsections (c) and (d) of Section 201 of
14this Act shall be paid into the Personal Property Tax
15Replacement Fund, a special fund in the State Treasury; and
16money collected under Section 2505-650 of the Department of
17Revenue Law of the Civil Administrative Code of Illinois shall
18be paid into the Child Support Enforcement Trust Fund, a
19special fund outside the State Treasury, or to the State
20Disbursement Unit established under Section 10-26 of the
21Illinois Public Aid Code, as directed by the Department of
22Healthcare and Family Services.
23    (b) Local Government Distributive Fund. Beginning August
241, 2017, the Treasurer shall transfer each month from the
25General Revenue Fund to the Local Government Distributive Fund

 

 

HB0357 Enrolled- 138 -LRB101 05160 RJF 50172 b

1an amount equal to the sum of (i) 6.06% (10% of the ratio of the
23% individual income tax rate prior to 2011 to the 4.95%
3individual income tax rate after July 1, 2017) of the net
4revenue realized from the tax imposed by subsections (a) and
5(b) of Section 201 of this Act upon individuals, trusts, and
6estates during the preceding month and (ii) 6.85% (10% of the
7ratio of the 4.8% corporate income tax rate prior to 2011 to
8the 7% corporate income tax rate after July 1, 2017) of the net
9revenue realized from the tax imposed by subsections (a) and
10(b) of Section 201 of this Act upon corporations during the
11preceding month. Net revenue realized for a month shall be
12defined as the revenue from the tax imposed by subsections (a)
13and (b) of Section 201 of this Act which is deposited in the
14General Revenue Fund, the Education Assistance Fund, the Income
15Tax Surcharge Local Government Distributive Fund, the Fund for
16the Advancement of Education, and the Commitment to Human
17Services Fund during the month minus the amount paid out of the
18General Revenue Fund in State warrants during that same month
19as refunds to taxpayers for overpayment of liability under the
20tax imposed by subsections (a) and (b) of Section 201 of this
21Act.
22    Notwithstanding any provision of law to the contrary,
23beginning on July 6, 2017 (the effective date of Public Act
24100-23), those amounts required under this subsection (b) to be
25transferred by the Treasurer into the Local Government
26Distributive Fund from the General Revenue Fund shall be

 

 

HB0357 Enrolled- 139 -LRB101 05160 RJF 50172 b

1directly deposited into the Local Government Distributive Fund
2as the revenue is realized from the tax imposed by subsections
3(a) and (b) of Section 201 of this Act.
4    For State fiscal year 2020 only, notwithstanding any
5provision of law to the contrary, the total amount of revenue
6and deposits under this Section attributable to revenues
7realized during State fiscal year 2020 shall be reduced by 5%.
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. Beginning
14    with State fiscal year 1990 and for each fiscal year
15    thereafter, the percentage deposited into the Income Tax
16    Refund Fund during a fiscal year shall be the Annual
17    Percentage. For fiscal year 2011, the Annual Percentage
18    shall be 8.75%. For fiscal year 2012, the Annual Percentage
19    shall be 8.75%. For fiscal year 2013, the Annual Percentage
20    shall be 9.75%. For fiscal year 2014, the Annual Percentage
21    shall be 9.5%. For fiscal year 2015, the Annual Percentage
22    shall be 10%. For fiscal year 2018, the Annual Percentage
23    shall be 9.8%. For fiscal year 2019, the Annual Percentage
24    shall be 9.7%. For fiscal year 2020, the Annual Percentage
25    shall be 9.5%. For fiscal year 2021, the Annual Percentage
26    shall be 9%. For all other fiscal years, the Annual

 

 

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1    Percentage shall be calculated as a fraction, the numerator
2    of which shall be the amount of refunds approved for
3    payment by the Department during the preceding fiscal year
4    as a result of overpayment of tax liability under
5    subsections (a) and (b)(1), (2), and (3) of Section 201 of
6    this Act plus the amount of such refunds remaining approved
7    but unpaid at the end of the preceding fiscal year, minus
8    the amounts transferred into the Income Tax Refund Fund
9    from the Tobacco Settlement Recovery Fund, and the
10    denominator of which shall be the amounts which will be
11    collected pursuant to subsections (a) and (b)(1), (2), and
12    (3) of Section 201 of this Act during the preceding fiscal
13    year; except that in State fiscal year 2002, the Annual
14    Percentage shall in no event exceed 7.6%. The Director of
15    Revenue shall certify the Annual Percentage to the
16    Comptroller on the last business day of the fiscal year
17    immediately preceding the fiscal year for which it is to be
18    effective.
19        (2) Beginning on January 1, 1989 and thereafter, the
20    Department shall deposit a percentage of the amounts
21    collected pursuant to subsections (a) and (b)(6), (7), and
22    (8), (c) and (d) of Section 201 of this Act into a fund in
23    the State treasury known as the Income Tax Refund Fund.
24    Beginning with State fiscal year 1990 and for each fiscal
25    year thereafter, the percentage deposited into the Income
26    Tax Refund Fund during a fiscal year shall be the Annual

 

 

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1    Percentage. For fiscal year 2011, the Annual Percentage
2    shall be 17.5%. For fiscal year 2012, the Annual Percentage
3    shall be 17.5%. For fiscal year 2013, the Annual Percentage
4    shall be 14%. For fiscal year 2014, the Annual Percentage
5    shall be 13.4%. For fiscal year 2015, the Annual Percentage
6    shall be 14%. For fiscal year 2018, the Annual Percentage
7    shall be 17.5%. For fiscal year 2019, the Annual Percentage
8    shall be 15.5%. For fiscal year 2020, the Annual Percentage
9    shall be 14.25%. For fiscal year 2021, the Annual
10    Percentage shall be 14%. For all other fiscal years, the
11    Annual Percentage shall be calculated as a fraction, the
12    numerator of which shall be the amount of refunds approved
13    for payment by the Department during the preceding fiscal
14    year as a result of overpayment of tax liability under
15    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
16    Section 201 of this Act plus the amount of such refunds
17    remaining approved but unpaid at the end of the preceding
18    fiscal year, and the denominator of which shall be the
19    amounts which will be collected pursuant to subsections (a)
20    and (b)(6), (7), and (8), (c) and (d) of Section 201 of
21    this Act during the preceding fiscal year; except that in
22    State fiscal year 2002, the Annual Percentage shall in no
23    event exceed 23%. The Director of Revenue shall certify the
24    Annual Percentage to the Comptroller on the last business
25    day of the fiscal year immediately preceding the fiscal
26    year for which it is to be effective.

 

 

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1        (3) The Comptroller shall order transferred and the
2    Treasurer shall transfer from the Tobacco Settlement
3    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
4    in January, 2001, (ii) $35,000,000 in January, 2002, and
5    (iii) $35,000,000 in January, 2003.
6    (d) Expenditures from Income Tax Refund Fund.
7        (1) Beginning January 1, 1989, money in the Income Tax
8    Refund Fund shall be expended exclusively for the purpose
9    of paying refunds resulting from overpayment of tax
10    liability under Section 201 of this Act and for making
11    transfers pursuant to this subsection (d).
12        (2) The Director shall order payment of refunds
13    resulting from overpayment of tax liability under Section
14    201 of this Act from the Income Tax Refund Fund only to the
15    extent that amounts collected pursuant to Section 201 of
16    this Act and transfers pursuant to this subsection (d) and
17    item (3) of subsection (c) have been deposited and retained
18    in the Fund.
19        (3) As soon as possible after the end of each fiscal
20    year, the Director shall order transferred and the State
21    Treasurer and State Comptroller shall transfer from the
22    Income Tax Refund Fund to the Personal Property Tax
23    Replacement Fund an amount, certified by the Director to
24    the Comptroller, equal to the excess of the amount
25    collected pursuant to subsections (c) and (d) of Section
26    201 of this Act deposited into the Income Tax Refund Fund

 

 

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

 

 

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1    continuing appropriation from the Income Tax Refund Fund
2    for the purpose of paying refunds upon the order of the
3    Director in accordance with the provisions of this Section.
4    (e) Deposits into the Education Assistance Fund and the
5Income Tax Surcharge Local Government Distributive Fund. On
6July 1, 1991, and thereafter, of the amounts collected pursuant
7to subsections (a) and (b) of Section 201 of this Act, minus
8deposits into the Income Tax Refund Fund, the Department shall
9deposit 7.3% into the Education Assistance Fund in the State
10Treasury. Beginning July 1, 1991, and continuing through
11January 31, 1993, of the amounts collected pursuant to
12subsections (a) and (b) of Section 201 of the Illinois Income
13Tax Act, minus deposits into the Income Tax Refund Fund, the
14Department shall deposit 3.0% into the Income Tax Surcharge
15Local Government Distributive Fund in the State Treasury.
16Beginning February 1, 1993 and continuing through June 30,
171993, of the amounts collected pursuant to subsections (a) and
18(b) of Section 201 of the Illinois Income Tax Act, minus
19deposits into the Income Tax Refund Fund, the Department shall
20deposit 4.4% into the Income Tax Surcharge Local Government
21Distributive Fund in the State Treasury. Beginning July 1,
221993, and continuing through June 30, 1994, of the amounts
23collected under subsections (a) and (b) of Section 201 of this
24Act, minus deposits into the Income Tax Refund Fund, the
25Department shall deposit 1.475% into the Income Tax Surcharge
26Local Government Distributive Fund in the State Treasury.

 

 

HB0357 Enrolled- 145 -LRB101 05160 RJF 50172 b

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

 

 

HB0357 Enrolled- 146 -LRB101 05160 RJF 50172 b

1subsection (g) on or after the effective date of the reduction.
2    (h) Deposits into the Tax Compliance and Administration
3Fund. Beginning on the first day of the first calendar month to
4occur on or after August 26, 2014 (the effective date of Public
5Act 98-1098), each month the Department shall pay into the Tax
6Compliance and Administration Fund, to be used, subject to
7appropriation, to fund additional auditors and compliance
8personnel at the Department, an amount equal to 1/12 of 5% of
9the cash receipts collected during the preceding fiscal year by
10the Audit Bureau of the Department from the tax imposed by
11subsections (a), (b), (c), and (d) of Section 201 of this Act,
12net of deposits into the Income Tax Refund Fund made from those
13cash receipts.
14(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
15100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
168-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81,
17eff. 7-12-19.)
 
18    (Text of Section after amendment by P.A. 101-8)
19    Sec. 901. Collection authority.
20    (a) In general. The Department shall collect the taxes
21imposed by this Act. The Department shall collect certified
22past due child support amounts under Section 2505-650 of the
23Department of Revenue Law of the Civil Administrative Code of
24Illinois. Except as provided in subsections (b), (c), (e), (f),
25(g), and (h) of this Section, money collected pursuant to

 

 

HB0357 Enrolled- 147 -LRB101 05160 RJF 50172 b

1subsections (a) and (b) of Section 201 of this Act shall be
2paid into the General Revenue Fund in the State treasury; money
3collected pursuant to subsections (c) and (d) of Section 201 of
4this Act shall be paid into the Personal Property Tax
5Replacement Fund, a special fund in the State Treasury; and
6money collected under Section 2505-650 of the Department of
7Revenue Law of the Civil Administrative Code of Illinois shall
8be paid into the Child Support Enforcement Trust Fund, a
9special fund outside the State Treasury, or to the State
10Disbursement Unit established under Section 10-26 of the
11Illinois Public Aid Code, as directed by the Department of
12Healthcare and Family Services.
13    (b) Local Government Distributive Fund. Beginning August
141, 2017 and continuing through January 31, 2021, the Treasurer
15shall transfer each month from the General Revenue Fund to the
16Local Government Distributive Fund an amount equal to the sum
17of (i) 6.06% (10% of the ratio of the 3% individual income tax
18rate prior to 2011 to the 4.95% individual income tax rate
19after July 1, 2017) of the net revenue realized from the tax
20imposed by subsections (a) and (b) of Section 201 of this Act
21upon individuals, trusts, and estates during the preceding
22month and (ii) 6.85% (10% of the ratio of the 4.8% corporate
23income tax rate prior to 2011 to the 7% corporate income tax
24rate after July 1, 2017) of the net revenue realized from the
25tax imposed by subsections (a) and (b) of Section 201 of this
26Act upon corporations during the preceding month. Beginning

 

 

HB0357 Enrolled- 148 -LRB101 05160 RJF 50172 b

1February 1, 2021, the Treasurer shall transfer each month from
2the General Revenue Fund to the Local Government Distributive
3Fund an amount equal to the sum of (i) 5.32% of the net revenue
4realized from the tax imposed by subsections (a) and (b) of
5Section 201 of this Act upon individuals, trusts, and estates
6during the preceding month and (ii) 6.16% of the net revenue
7realized from the tax imposed by subsections (a) and (b) of
8Section 201 of this Act upon corporations during the preceding
9month. Net revenue realized for a month shall be defined as the
10revenue from the tax imposed by subsections (a) and (b) of
11Section 201 of this Act which is deposited in the General
12Revenue Fund, the Education Assistance Fund, the Income Tax
13Surcharge Local Government Distributive Fund, the Fund for the
14Advancement of Education, and the Commitment to Human Services
15Fund during the month minus the amount paid out of the General
16Revenue Fund in State warrants during that same month as
17refunds to taxpayers for overpayment of liability under the tax
18imposed by subsections (a) and (b) of Section 201 of this Act.
19    Notwithstanding any provision of law to the contrary,
20beginning on July 6, 2017 (the effective date of Public Act
21100-23), those amounts required under this subsection (b) to be
22transferred by the Treasurer into the Local Government
23Distributive Fund from the General Revenue Fund shall be
24directly deposited into the Local Government Distributive Fund
25as the revenue is realized from the tax imposed by subsections
26(a) and (b) of Section 201 of this Act.

 

 

HB0357 Enrolled- 149 -LRB101 05160 RJF 50172 b

1    For State fiscal year 2020 only, notwithstanding any
2provision of law to the contrary, the total amount of revenue
3and deposits under this Section attributable to revenues
4realized during State fiscal year 2020 shall be reduced by 5%.
5    (c) Deposits Into Income Tax Refund Fund.
6        (1) Beginning on January 1, 1989 and thereafter, the
7    Department shall deposit a percentage of the amounts
8    collected pursuant to subsections (a) and (b)(1), (2), and
9    (3) of Section 201 of this Act into a fund in the State
10    treasury known as the Income Tax Refund Fund. Beginning
11    with State fiscal year 1990 and for each fiscal year
12    thereafter, the percentage deposited into the Income Tax
13    Refund Fund during a fiscal year shall be the Annual
14    Percentage. For fiscal year 2011, the Annual Percentage
15    shall be 8.75%. For fiscal year 2012, the Annual Percentage
16    shall be 8.75%. For fiscal year 2013, the Annual Percentage
17    shall be 9.75%. For fiscal year 2014, the Annual Percentage
18    shall be 9.5%. For fiscal year 2015, the Annual Percentage
19    shall be 10%. For fiscal year 2018, the Annual Percentage
20    shall be 9.8%. For fiscal year 2019, the Annual Percentage
21    shall be 9.7%. For fiscal year 2020, the Annual Percentage
22    shall be 9.5%. For fiscal year 2021, the Annual Percentage
23    shall be 9%. For all other fiscal years, the Annual
24    Percentage shall be calculated as a fraction, the numerator
25    of which shall be the amount of refunds approved for
26    payment by the Department during the preceding fiscal year

 

 

HB0357 Enrolled- 150 -LRB101 05160 RJF 50172 b

1    as a result of overpayment of tax liability under
2    subsections (a) and (b)(1), (2), and (3) of Section 201 of
3    this Act plus the amount of such refunds remaining approved
4    but unpaid at the end of the preceding fiscal year, minus
5    the amounts transferred into the Income Tax Refund Fund
6    from the Tobacco Settlement Recovery Fund, and the
7    denominator of which shall be the amounts which will be
8    collected pursuant to subsections (a) and (b)(1), (2), and
9    (3) of Section 201 of this Act during the preceding fiscal
10    year; except that in State fiscal year 2002, the Annual
11    Percentage shall in no event exceed 7.6%. The Director of
12    Revenue shall certify the Annual Percentage to the
13    Comptroller on the last business day of the fiscal year
14    immediately preceding the fiscal year for which it is to be
15    effective.
16        (2) Beginning on January 1, 1989 and thereafter, the
17    Department shall deposit a percentage of the amounts
18    collected pursuant to subsections (a) and (b)(6), (7), and
19    (8), (c) and (d) of Section 201 of this Act into a fund in
20    the State treasury known as the Income Tax Refund Fund.
21    Beginning with State fiscal year 1990 and for each fiscal
22    year thereafter, the percentage deposited into the Income
23    Tax Refund Fund during a fiscal year shall be the Annual
24    Percentage. For fiscal year 2011, the Annual Percentage
25    shall be 17.5%. For fiscal year 2012, the Annual Percentage
26    shall be 17.5%. For fiscal year 2013, the Annual Percentage

 

 

HB0357 Enrolled- 151 -LRB101 05160 RJF 50172 b

1    shall be 14%. For fiscal year 2014, the Annual Percentage
2    shall be 13.4%. For fiscal year 2015, the Annual Percentage
3    shall be 14%. For fiscal year 2018, the Annual Percentage
4    shall be 17.5%. For fiscal year 2019, the Annual Percentage
5    shall be 15.5%. For fiscal year 2020, the Annual Percentage
6    shall be 14.25%. For fiscal year 2021, the Annual
7    Percentage shall be 14%. For all other fiscal years, the
8    Annual Percentage shall be calculated as a fraction, the
9    numerator of which shall be the amount of refunds approved
10    for payment by the Department during the preceding fiscal
11    year as a result of overpayment of tax liability under
12    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
13    Section 201 of this Act plus the amount of such refunds
14    remaining approved but unpaid at the end of the preceding
15    fiscal year, and the denominator of which shall be the
16    amounts which will be collected pursuant to subsections (a)
17    and (b)(6), (7), and (8), (c) and (d) of Section 201 of
18    this Act during the preceding fiscal year; except that in
19    State fiscal year 2002, the Annual Percentage shall in no
20    event exceed 23%. The Director of Revenue shall certify the
21    Annual Percentage to the Comptroller on the last business
22    day of the fiscal year immediately preceding the fiscal
23    year for which it is to be effective.
24        (3) The Comptroller shall order transferred and the
25    Treasurer shall transfer from the Tobacco Settlement
26    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000

 

 

HB0357 Enrolled- 152 -LRB101 05160 RJF 50172 b

1    in January, 2001, (ii) $35,000,000 in January, 2002, and
2    (iii) $35,000,000 in January, 2003.
3    (d) Expenditures from Income Tax Refund Fund.
4        (1) Beginning January 1, 1989, money in the Income Tax
5    Refund Fund shall be expended exclusively for the purpose
6    of paying refunds resulting from overpayment of tax
7    liability under Section 201 of this Act and for making
8    transfers pursuant to this subsection (d).
9        (2) The Director shall order payment of refunds
10    resulting from overpayment of tax liability under Section
11    201 of this Act from the Income Tax Refund Fund only to the
12    extent that amounts collected pursuant to Section 201 of
13    this Act and transfers pursuant to this subsection (d) and
14    item (3) of subsection (c) have been deposited and retained
15    in the Fund.
16        (3) As soon as possible after the end of each fiscal
17    year, the Director shall order transferred and the State
18    Treasurer and State Comptroller shall transfer from the
19    Income Tax Refund Fund to the Personal Property Tax
20    Replacement Fund an amount, certified by the Director to
21    the Comptroller, equal to the excess of the amount
22    collected pursuant to subsections (c) and (d) of Section
23    201 of this Act deposited into the Income Tax Refund Fund
24    during the fiscal year over the amount of refunds resulting
25    from overpayment of tax liability under subsections (c) and
26    (d) of Section 201 of this Act paid from the Income Tax

 

 

HB0357 Enrolled- 153 -LRB101 05160 RJF 50172 b

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

 

 

HB0357 Enrolled- 154 -LRB101 05160 RJF 50172 b

1    (e) Deposits into the Education Assistance Fund and the
2Income Tax Surcharge Local Government Distributive Fund. On
3July 1, 1991, and thereafter, of the amounts collected pursuant
4to subsections (a) and (b) of Section 201 of this Act, minus
5deposits into the Income Tax Refund Fund, the Department shall
6deposit 7.3% into the Education Assistance Fund in the State
7Treasury. Beginning July 1, 1991, and continuing through
8January 31, 1993, of the amounts collected pursuant to
9subsections (a) and (b) of Section 201 of the Illinois Income
10Tax Act, minus deposits into the Income Tax Refund Fund, the
11Department shall deposit 3.0% into the Income Tax Surcharge
12Local Government Distributive Fund in the State Treasury.
13Beginning February 1, 1993 and continuing through June 30,
141993, of the amounts collected pursuant to subsections (a) and
15(b) of Section 201 of the Illinois Income Tax Act, minus
16deposits into the Income Tax Refund Fund, the Department shall
17deposit 4.4% into the Income Tax Surcharge Local Government
18Distributive Fund in the State Treasury. Beginning July 1,
191993, and continuing through June 30, 1994, of the amounts
20collected under subsections (a) and (b) of Section 201 of this
21Act, minus deposits into the Income Tax Refund Fund, the
22Department shall deposit 1.475% into the Income Tax Surcharge
23Local Government Distributive Fund in the State Treasury.
24    (f) Deposits into the Fund for the Advancement of
25Education. Beginning February 1, 2015, the Department shall
26deposit the following portions of the revenue realized from the

 

 

HB0357 Enrolled- 155 -LRB101 05160 RJF 50172 b

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

 

 

HB0357 Enrolled- 156 -LRB101 05160 RJF 50172 b

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. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
12100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
138-14-18; 100-1171, eff. 1-4-19; 101-8, see Section 99 for
14effective date; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
15revised 10-1-19.)
 
16
ARTICLE 15. SPECIAL DISTRICTS

 
17    Section 15-5. The State Finance Act is amended by changing
18Section 8.25f as follows:
 
19    (30 ILCS 105/8.25f)  (from Ch. 127, par. 144.25f)
20    Sec. 8.25f. McCormick Place Expansion Project Fund.
21    (a) Deposits. The following amounts shall be deposited into
22the McCormick Place Expansion Project Fund in the State
23Treasury: (i) the moneys required to be deposited into the Fund

 

 

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1under Section 9 of the Use Tax Act, Section 9 of the Service
2Occupation Tax Act, Section 9 of the Service Use Tax Act, and
3Section 3 of the Retailers' Occupation Tax Act and (ii) the
4moneys required to be deposited into the Fund under subsection
5(g) of Section 13 of the Metropolitan Pier and Exposition
6Authority Act. Notwithstanding the foregoing, the maximum
7amount that may be deposited into the McCormick Place Expansion
8Project Fund from item (i) shall not exceed the Total Deposit
9amounts with respect to the following fiscal years:
10Fiscal YearTotal Deposit
111993         $0
121994 53,000,000
131995 58,000,000
141996 61,000,000
151997 64,000,000
161998 68,000,000
171999 71,000,000
182000 75,000,000
192001 80,000,000
202002 93,000,000
212003 99,000,000
222004103,000,000
232005108,000,000
242006113,000,000
252007119,000,000

 

 

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12008126,000,000
22009132,000,000
32010139,000,000
42011146,000,000
52012153,000,000
62013161,000,000
72014170,000,000
82015179,000,000
92016189,000,000
102017199,000,000
112018210,000,000
122019221,000,000
132020233,000,000
142021300,000,000246,000,000
152022300,000,000260,000,000
162023300,000,000275,000,000
172024 300,000,000 275,000,000
182025 300,000,000275,000,000
192026 300,000,000279,000,000
202027 375,000,000292,000,000
212028 375,000,000307,000,000
222029 375,000,000322,000,000
232030 375,000,000338,000,000
242031 375,000,000350,000,000
252032 375,000,000350,000,000
262033 375,000,000

 

 

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12034 375,000,000
22035 375,000,000
32036 450,000,000
4and
5each fiscal year thereafter
6that bonds are outstanding
7under Section 13.2 of the
8Metropolitan Pier and Exposition
9Authority Act, but not after
10fiscal year 2060.
11    Provided that all amounts deposited in the Fund and
12requested in the Authority's certificate have been paid to the
13Authority, all amounts remaining in the McCormick Place
14Expansion Project Fund on the last day of any month shall be
15transferred to the General Revenue Fund.
16    (b) Authority certificate. Beginning with fiscal year 1994
17and continuing for each fiscal year thereafter, the Chairman of
18the Metropolitan Pier and Exposition Authority shall annually
19certify to the State Comptroller and the State Treasurer the
20amount necessary and required, during the fiscal year with
21respect to which the certification is made, to pay the debt
22service requirements (including amounts to be paid with respect
23to arrangements to provide additional security or liquidity) on
24all outstanding bonds and notes, including refunding bonds,
25(collectively referred to as "bonds") in an amount issued by
26the Authority pursuant to Section 13.2 of the Metropolitan Pier

 

 

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1and Exposition Authority Act. The certificate may be amended
2from time to time as necessary.
3(Source: P.A. 96-898, eff. 5-27-10.)
 
4    Section 15-10. The Use Tax Act is amended by changing
5Section 9 as follows:
 
6    (35 ILCS 105/9)  (from Ch. 120, par. 439.9)
7    Sec. 9. Except as to motor vehicles, watercraft, aircraft,
8and trailers that are required to be registered with an agency
9of this State, each retailer required or authorized to collect
10the tax imposed by this Act shall pay to the Department the
11amount of such tax (except as otherwise provided) at the time
12when he is required to file his return for the period during
13which such tax was collected, less a discount of 2.1% prior to
14January 1, 1990, and 1.75% on and after January 1, 1990, or $5
15per calendar year, whichever is greater, which is allowed to
16reimburse the retailer for expenses incurred in collecting the
17tax, keeping records, preparing and filing returns, remitting
18the tax and supplying data to the Department on request. The
19discount under this Section is not allowed for the 1.25%
20portion of taxes paid on aviation fuel that is subject to the
21revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
2247133. In the case of retailers who report and pay the tax on a
23transaction by transaction basis, as provided in this Section,
24such discount shall be taken with each such tax remittance

 

 

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1instead of when such retailer files his periodic return. The
2discount allowed under this Section is allowed only for returns
3that are filed in the manner required by this Act. The
4Department may disallow the discount for retailers whose
5certificate of registration is revoked at the time the return
6is filed, but only if the Department's decision to revoke the
7certificate of registration has become final. A retailer need
8not remit that part of any tax collected by him to the extent
9that he is required to remit and does remit the tax imposed by
10the Retailers' Occupation Tax Act, with respect to the sale of
11the same property.
12    Where such tangible personal property is sold under a
13conditional sales contract, or under any other form of sale
14wherein the payment of the principal sum, or a part thereof, is
15extended beyond the close of the period for which the return is
16filed, the retailer, in collecting the tax (except as to motor
17vehicles, watercraft, aircraft, and trailers that are required
18to be registered with an agency of this State), may collect for
19each tax return period, only the tax applicable to that part of
20the selling price actually received during such tax return
21period.
22    Except as provided in this Section, on or before the
23twentieth day of each calendar month, such retailer shall file
24a return for the preceding calendar month. Such return shall be
25filed on forms prescribed by the Department and shall furnish
26such information as the Department may reasonably require. On

 

 

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1and after January 1, 2018, except for returns for motor
2vehicles, watercraft, aircraft, and trailers that are required
3to be registered with an agency of this State, with respect to
4retailers whose annual gross receipts average $20,000 or more,
5all returns required to be filed pursuant to this Act shall be
6filed electronically. Retailers who demonstrate that they do
7not have access to the Internet or demonstrate hardship in
8filing electronically may petition the Department to waive the
9electronic filing requirement.
10    The Department may require returns to be filed on a
11quarterly basis. If so required, a return for each calendar
12quarter shall be filed on or before the twentieth day of the
13calendar month following the end of such calendar quarter. The
14taxpayer shall also file a return with the Department for each
15of the first two months of each calendar quarter, on or before
16the twentieth day of the following calendar month, stating:
17        1. The name of the seller;
18        2. The address of the principal place of business from
19    which he engages in the business of selling tangible
20    personal property at retail in this State;
21        3. The total amount of taxable receipts received by him
22    during the preceding calendar month from sales of tangible
23    personal property by him during such preceding calendar
24    month, including receipts from charge and time sales, but
25    less all deductions allowed by law;
26        4. The amount of credit provided in Section 2d of this

 

 

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1    Act;
2        5. The amount of tax due;
3        5-5. The signature of the taxpayer; and
4        6. Such other reasonable information as the Department
5    may require.
6    Each retailer required or authorized to collect the tax
7imposed by this Act on aviation fuel sold at retail in this
8State during the preceding calendar month shall, instead of
9reporting and paying tax on aviation fuel as otherwise required
10by this Section, report and pay such tax on a separate aviation
11fuel tax return. The requirements related to the return shall
12be as otherwise provided in this Section. Notwithstanding any
13other provisions of this Act to the contrary, retailers
14collecting tax on aviation fuel shall file all aviation fuel
15tax returns and shall make all aviation fuel tax payments by
16electronic means in the manner and form required by the
17Department. For purposes of this Section, "aviation fuel" means
18jet fuel and aviation gasoline.
19    If a taxpayer fails to sign a return within 30 days after
20the proper notice and demand for signature by the Department,
21the return shall be considered valid and any amount shown to be
22due on the return shall be deemed assessed.
23    Notwithstanding any other provision of this Act to the
24contrary, retailers subject to tax on cannabis shall file all
25cannabis tax returns and shall make all cannabis tax payments
26by electronic means in the manner and form required by the

 

 

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1Department.
2    Beginning October 1, 1993, a taxpayer who has an average
3monthly tax liability of $150,000 or more shall make all
4payments required by rules of the Department by electronic
5funds transfer. Beginning October 1, 1994, a taxpayer who has
6an average monthly tax liability of $100,000 or more shall make
7all payments required by rules of the Department by electronic
8funds transfer. Beginning October 1, 1995, a taxpayer who has
9an average monthly tax liability of $50,000 or more shall make
10all payments required by rules of the Department by electronic
11funds transfer. Beginning October 1, 2000, a taxpayer who has
12an annual tax liability of $200,000 or more shall make all
13payments required by rules of the Department by electronic
14funds transfer. The term "annual tax liability" shall be the
15sum of the taxpayer's liabilities under this Act, and under all
16other State and local occupation and use tax laws administered
17by the Department, for the immediately preceding calendar year.
18The term "average monthly tax liability" means the sum of the
19taxpayer's liabilities under this Act, and under all other
20State and local occupation and use tax laws administered by the
21Department, for the immediately preceding calendar year
22divided by 12. Beginning on October 1, 2002, a taxpayer who has
23a tax liability in the amount set forth in subsection (b) of
24Section 2505-210 of the Department of Revenue Law shall make
25all payments required by rules of the Department by electronic
26funds transfer.

 

 

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1    Before August 1 of each year beginning in 1993, the
2Department shall notify all taxpayers required to make payments
3by electronic funds transfer. All taxpayers required to make
4payments by electronic funds transfer shall make those payments
5for a minimum of one year beginning on October 1.
6    Any taxpayer not required to make payments by electronic
7funds transfer may make payments by electronic funds transfer
8with the permission of the Department.
9    All taxpayers required to make payment by electronic funds
10transfer and any taxpayers authorized to voluntarily make
11payments by electronic funds transfer shall make those payments
12in the manner authorized by the Department.
13    The Department shall adopt such rules as are necessary to
14effectuate a program of electronic funds transfer and the
15requirements of this Section.
16    Before October 1, 2000, if the taxpayer's average monthly
17tax liability to the Department under this Act, the Retailers'
18Occupation Tax Act, the Service Occupation Tax Act, the Service
19Use Tax Act was $10,000 or more during the preceding 4 complete
20calendar quarters, he shall file a return with the Department
21each month by the 20th day of the month next following the
22month during which such tax liability is incurred and shall
23make payments to the Department on or before the 7th, 15th,
2422nd and last day of the month during which such liability is
25incurred. On and after October 1, 2000, if the taxpayer's
26average monthly tax liability to the Department under this Act,

 

 

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1the Retailers' Occupation Tax Act, the Service Occupation Tax
2Act, and the Service Use Tax Act was $20,000 or more during the
3preceding 4 complete calendar quarters, he shall file a return
4with the Department each month by the 20th day of the month
5next following the month during which such tax liability is
6incurred and shall make payment to the Department on or before
7the 7th, 15th, 22nd and last day of the month during which such
8liability is incurred. If the month during which such tax
9liability is incurred began prior to January 1, 1985, each
10payment shall be in an amount equal to 1/4 of the taxpayer's
11actual liability for the month or an amount set by the
12Department not to exceed 1/4 of the average monthly liability
13of the taxpayer to the Department for the preceding 4 complete
14calendar quarters (excluding the month of highest liability and
15the month of lowest liability in such 4 quarter period). If the
16month during which such tax liability is incurred begins on or
17after January 1, 1985, and prior to January 1, 1987, each
18payment shall be in an amount equal to 22.5% of the taxpayer's
19actual liability for the month or 27.5% of the taxpayer's
20liability for the same calendar month of the preceding year. If
21the month during which such tax liability is incurred begins on
22or after January 1, 1987, and prior to January 1, 1988, each
23payment shall be in an amount equal to 22.5% of the taxpayer's
24actual liability for the month or 26.25% of the taxpayer's
25liability for the same calendar month of the preceding year. If
26the month during which such tax liability is incurred begins on

 

 

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1or after January 1, 1988, and prior to January 1, 1989, or
2begins on or after January 1, 1996, each payment shall be in an
3amount equal to 22.5% of the taxpayer's actual liability for
4the month or 25% of the taxpayer's liability for the same
5calendar month of the preceding year. If the month during which
6such tax liability is incurred begins on or after January 1,
71989, and prior to January 1, 1996, each payment shall be in an
8amount equal to 22.5% of the taxpayer's actual liability for
9the month or 25% of the taxpayer's liability for the same
10calendar month of the preceding year or 100% of the taxpayer's
11actual liability for the quarter monthly reporting period. The
12amount of such quarter monthly payments shall be credited
13against the final tax liability of the taxpayer's return for
14that month. Before October 1, 2000, once applicable, the
15requirement of the making of quarter monthly payments to the
16Department shall continue until such taxpayer's average
17monthly liability to the Department during the preceding 4
18complete calendar quarters (excluding the month of highest
19liability and the month of lowest liability) is less than
20$9,000, or until such taxpayer's average monthly liability to
21the Department as computed for each calendar quarter of the 4
22preceding complete calendar quarter period is less than
23$10,000. However, if a taxpayer can show the Department that a
24substantial change in the taxpayer's business has occurred
25which causes the taxpayer to anticipate that his average
26monthly tax liability for the reasonably foreseeable future

 

 

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1will fall below the $10,000 threshold stated above, then such
2taxpayer may petition the Department for change in such
3taxpayer's reporting status. On and after October 1, 2000, once
4applicable, the requirement of the making of quarter monthly
5payments to the Department shall continue until such taxpayer's
6average monthly liability to the Department during the
7preceding 4 complete calendar quarters (excluding the month of
8highest liability and the month of lowest liability) is less
9than $19,000 or until such taxpayer's average monthly liability
10to the Department as computed for each calendar quarter of the
114 preceding complete calendar quarter period is less than
12$20,000. However, if a taxpayer can show the Department that a
13substantial change in the taxpayer's business has occurred
14which causes the taxpayer to anticipate that his average
15monthly tax liability for the reasonably foreseeable future
16will fall below the $20,000 threshold stated above, then such
17taxpayer may petition the Department for a change in such
18taxpayer's reporting status. The Department shall change such
19taxpayer's reporting status unless it finds that such change is
20seasonal in nature and not likely to be long term. If any such
21quarter monthly payment is not paid at the time or in the
22amount required by this Section, then the taxpayer shall be
23liable for penalties and interest on the difference between the
24minimum amount due and the amount of such quarter monthly
25payment actually and timely paid, except insofar as the
26taxpayer has previously made payments for that month to the

 

 

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1Department in excess of the minimum payments previously due as
2provided in this Section. The Department shall make reasonable
3rules and regulations to govern the quarter monthly payment
4amount and quarter monthly payment dates for taxpayers who file
5on other than a calendar monthly basis.
6    If any such payment provided for in this Section exceeds
7the taxpayer's liabilities under this Act, the Retailers'
8Occupation Tax Act, the Service Occupation Tax Act and the
9Service Use Tax Act, as shown by an original monthly return,
10the Department shall issue to the taxpayer a credit memorandum
11no later than 30 days after the date of payment, which
12memorandum may be submitted by the taxpayer to the Department
13in payment of tax liability subsequently to be remitted by the
14taxpayer to the Department or be assigned by the taxpayer to a
15similar taxpayer under this Act, the Retailers' Occupation Tax
16Act, the Service Occupation Tax Act or the Service Use Tax Act,
17in accordance with reasonable rules and regulations to be
18prescribed by the Department, except that if such excess
19payment is shown on an original monthly return and is made
20after December 31, 1986, no credit memorandum shall be issued,
21unless requested by the taxpayer. If no such request is made,
22the taxpayer may credit such excess payment against tax
23liability subsequently to be remitted by the taxpayer to the
24Department under this Act, the Retailers' Occupation Tax Act,
25the Service Occupation Tax Act or the Service Use Tax Act, in
26accordance with reasonable rules and regulations prescribed by

 

 

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1the Department. If the Department subsequently determines that
2all or any part of the credit taken was not actually due to the
3taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
4be reduced by 2.1% or 1.75% of the difference between the
5credit taken and that actually due, and the taxpayer shall be
6liable for penalties and interest on such difference.
7    If the retailer is otherwise required to file a monthly
8return and if the retailer's average monthly tax liability to
9the Department does not exceed $200, the Department may
10authorize his returns to be filed on a quarter annual basis,
11with the return for January, February, and March of a given
12year being due by April 20 of such year; with the return for
13April, May and June of a given year being due by July 20 of such
14year; with the return for July, August and September of a given
15year being due by October 20 of such year, and with the return
16for October, November and December of a given year being due by
17January 20 of the following year.
18    If the retailer is otherwise required to file a monthly or
19quarterly return and if the retailer's average monthly tax
20liability to the Department does not exceed $50, the Department
21may authorize his returns to be filed on an annual basis, with
22the return for a given year being due by January 20 of the
23following year.
24    Such quarter annual and annual returns, as to form and
25substance, shall be subject to the same requirements as monthly
26returns.

 

 

HB0357 Enrolled- 171 -LRB101 05160 RJF 50172 b

1    Notwithstanding any other provision in this Act concerning
2the time within which a retailer may file his return, in the
3case of any retailer who ceases to engage in a kind of business
4which makes him responsible for filing returns under this Act,
5such retailer shall file a final return under this Act with the
6Department not more than one month after discontinuing such
7business.
8    In addition, with respect to motor vehicles, watercraft,
9aircraft, and trailers that are required to be registered with
10an agency of this State, except as otherwise provided in this
11Section, every retailer selling this kind of tangible personal
12property shall file, with the Department, upon a form to be
13prescribed and supplied by the Department, a separate return
14for each such item of tangible personal property which the
15retailer sells, except that if, in the same transaction, (i) a
16retailer of aircraft, watercraft, motor vehicles or trailers
17transfers more than one aircraft, watercraft, motor vehicle or
18trailer to another aircraft, watercraft, motor vehicle or
19trailer retailer for the purpose of resale or (ii) a retailer
20of aircraft, watercraft, motor vehicles, or trailers transfers
21more than one aircraft, watercraft, motor vehicle, or trailer
22to a purchaser for use as a qualifying rolling stock as
23provided in Section 3-55 of this Act, then that seller may
24report the transfer of all the aircraft, watercraft, motor
25vehicles or trailers involved in that transaction to the
26Department on the same uniform invoice-transaction reporting

 

 

HB0357 Enrolled- 172 -LRB101 05160 RJF 50172 b

1return form. For purposes of this Section, "watercraft" means a
2Class 2, Class 3, or Class 4 watercraft as defined in Section
33-2 of the Boat Registration and Safety Act, a personal
4watercraft, or any boat equipped with an inboard motor.
5    In addition, with respect to motor vehicles, watercraft,
6aircraft, and trailers that are required to be registered with
7an agency of this State, every person who is engaged in the
8business of leasing or renting such items and who, in
9connection with such business, sells any such item to a
10retailer for the purpose of resale is, notwithstanding any
11other provision of this Section to the contrary, authorized to
12meet the return-filing requirement of this Act by reporting the
13transfer of all the aircraft, watercraft, motor vehicles, or
14trailers transferred for resale during a month to the
15Department on the same uniform invoice-transaction reporting
16return form on or before the 20th of the month following the
17month in which the transfer takes place. Notwithstanding any
18other provision of this Act to the contrary, all returns filed
19under this paragraph must be filed by electronic means in the
20manner and form as required by the Department.
21    The transaction reporting return in the case of motor
22vehicles or trailers that are required to be registered with an
23agency of this State, shall be the same document as the Uniform
24Invoice referred to in Section 5-402 of the Illinois Vehicle
25Code and must show the name and address of the seller; the name
26and address of the purchaser; the amount of the selling price

 

 

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1including the amount allowed by the retailer for traded-in
2property, if any; the amount allowed by the retailer for the
3traded-in tangible personal property, if any, to the extent to
4which Section 2 of this Act allows an exemption for the value
5of traded-in property; the balance payable after deducting such
6trade-in allowance from the total selling price; the amount of
7tax due from the retailer with respect to such transaction; the
8amount of tax collected from the purchaser by the retailer on
9such transaction (or satisfactory evidence that such tax is not
10due in that particular instance, if that is claimed to be the
11fact); the place and date of the sale; a sufficient
12identification of the property sold; such other information as
13is required in Section 5-402 of the Illinois Vehicle Code, and
14such other information as the Department may reasonably
15require.
16    The transaction reporting return in the case of watercraft
17and aircraft must show the name and address of the seller; the
18name and address of the purchaser; the amount of the selling
19price including the amount allowed by the retailer for
20traded-in property, if any; the amount allowed by the retailer
21for the traded-in tangible personal property, if any, to the
22extent to which Section 2 of this Act allows an exemption for
23the value of traded-in property; the balance payable after
24deducting such trade-in allowance from the total selling price;
25the amount of tax due from the retailer with respect to such
26transaction; the amount of tax collected from the purchaser by

 

 

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1the retailer on such transaction (or satisfactory evidence that
2such tax is not due in that particular instance, if that is
3claimed to be the fact); the place and date of the sale, a
4sufficient identification of the property sold, and such other
5information as the Department may reasonably require.
6    Such transaction reporting return shall be filed not later
7than 20 days after the date of delivery of the item that is
8being sold, but may be filed by the retailer at any time sooner
9than that if he chooses to do so. The transaction reporting
10return and tax remittance or proof of exemption from the tax
11that is imposed by this Act may be transmitted to the
12Department by way of the State agency with which, or State
13officer with whom, the tangible personal property must be
14titled or registered (if titling or registration is required)
15if the Department and such agency or State officer determine
16that this procedure will expedite the processing of
17applications for title or registration.
18    With each such transaction reporting return, the retailer
19shall remit the proper amount of tax due (or shall submit
20satisfactory evidence that the sale is not taxable if that is
21the case), to the Department or its agents, whereupon the
22Department shall issue, in the purchaser's name, a tax receipt
23(or a certificate of exemption if the Department is satisfied
24that the particular sale is tax exempt) which such purchaser
25may submit to the agency with which, or State officer with
26whom, he must title or register the tangible personal property

 

 

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1that is involved (if titling or registration is required) in
2support of such purchaser's application for an Illinois
3certificate or other evidence of title or registration to such
4tangible personal property.
5    No retailer's failure or refusal to remit tax under this
6Act precludes a user, who has paid the proper tax to the
7retailer, from obtaining his certificate of title or other
8evidence of title or registration (if titling or registration
9is required) upon satisfying the Department that such user has
10paid the proper tax (if tax is due) to the retailer. The
11Department shall adopt appropriate rules to carry out the
12mandate of this paragraph.
13    If the user who would otherwise pay tax to the retailer
14wants the transaction reporting return filed and the payment of
15tax or proof of exemption made to the Department before the
16retailer is willing to take these actions and such user has not
17paid the tax to the retailer, such user may certify to the fact
18of such delay by the retailer, and may (upon the Department
19being satisfied of the truth of such certification) transmit
20the information required by the transaction reporting return
21and the remittance for tax or proof of exemption directly to
22the Department and obtain his tax receipt or exemption
23determination, in which event the transaction reporting return
24and tax remittance (if a tax payment was required) shall be
25credited by the Department to the proper retailer's account
26with the Department, but without the 2.1% or 1.75% discount

 

 

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1provided for in this Section being allowed. When the user pays
2the tax directly to the Department, he shall pay the tax in the
3same amount and in the same form in which it would be remitted
4if the tax had been remitted to the Department by the retailer.
5    Where a retailer collects the tax with respect to the
6selling price of tangible personal property which he sells and
7the purchaser thereafter returns such tangible personal
8property and the retailer refunds the selling price thereof to
9the purchaser, such retailer shall also refund, to the
10purchaser, the tax so collected from the purchaser. When filing
11his return for the period in which he refunds such tax to the
12purchaser, the retailer may deduct the amount of the tax so
13refunded by him to the purchaser from any other use tax which
14such retailer may be required to pay or remit to the
15Department, as shown by such return, if the amount of the tax
16to be deducted was previously remitted to the Department by
17such retailer. If the retailer has not previously remitted the
18amount of such tax to the Department, he is entitled to no
19deduction under this Act upon refunding such tax to the
20purchaser.
21    Any retailer filing a return under this Section shall also
22include (for the purpose of paying tax thereon) the total tax
23covered by such return upon the selling price of tangible
24personal property purchased by him at retail from a retailer,
25but as to which the tax imposed by this Act was not collected
26from the retailer filing such return, and such retailer shall

 

 

HB0357 Enrolled- 177 -LRB101 05160 RJF 50172 b

1remit the amount of such tax to the Department when filing such
2return.
3    If experience indicates such action to be practicable, the
4Department may prescribe and furnish a combination or joint
5return which will enable retailers, who are required to file
6returns hereunder and also under the Retailers' Occupation Tax
7Act, to furnish all the return information required by both
8Acts on the one form.
9    Where the retailer has more than one business registered
10with the Department under separate registration under this Act,
11such retailer may not file each return that is due as a single
12return covering all such registered businesses, but shall file
13separate returns for each such registered business.
14    Beginning January 1, 1990, each month the Department shall
15pay into the State and Local Sales Tax Reform Fund, a special
16fund in the State Treasury which is hereby created, the net
17revenue realized for the preceding month from the 1% tax
18imposed under this Act.
19    Beginning January 1, 1990, each month the Department shall
20pay into the County and Mass Transit District Fund 4% of the
21net revenue realized for the preceding month from the 6.25%
22general rate on the selling price of tangible personal property
23which is purchased outside Illinois at retail from a retailer
24and which is titled or registered by an agency of this State's
25government.
26    Beginning January 1, 1990, each month the Department shall

 

 

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1pay into the State and Local Sales Tax Reform Fund, a special
2fund in the State Treasury, 20% of the net revenue realized for
3the preceding month from the 6.25% general rate on the selling
4price of tangible personal property, other than (i) tangible
5personal property which is purchased outside Illinois at retail
6from a retailer and which is titled or registered by an agency
7of this State's government and (ii) aviation fuel sold on or
8after December 1, 2019. This exception for aviation fuel only
9applies for so long as the revenue use requirements of 49
10U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
11    For aviation fuel sold on or after December 1, 2019, each
12month the Department shall pay into the State Aviation Program
13Fund 20% of the net revenue realized for the preceding month
14from the 6.25% general rate on the selling price of aviation
15fuel, less an amount estimated by the Department to be required
16for refunds of the 20% portion of the tax on aviation fuel
17under this Act, which amount shall be deposited into the
18Aviation Fuel Sales Tax Refund Fund. The Department shall only
19pay moneys into the State Aviation Program Fund and the
20Aviation Fuels Sales Tax Refund Fund under this Act for so long
21as the revenue use requirements of 49 U.S.C. 47107(b) and 49
22U.S.C. 47133 are binding on the State.
23    Beginning August 1, 2000, each month the Department shall
24pay into the State and Local Sales Tax Reform Fund 100% of the
25net revenue realized for the preceding month from the 1.25%
26rate on the selling price of motor fuel and gasohol. Beginning

 

 

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1September 1, 2010, each month the Department shall pay into the
2State and Local Sales Tax Reform Fund 100% of the net revenue
3realized for the preceding month from the 1.25% rate on the
4selling price of sales tax holiday items.
5    Beginning January 1, 1990, each month the Department shall
6pay into the Local Government Tax Fund 16% of the net revenue
7realized for the preceding month from the 6.25% general rate on
8the selling price of tangible personal property which is
9purchased outside Illinois at retail from a retailer and which
10is titled or registered by an agency of this State's
11government.
12    Beginning October 1, 2009, each month the Department shall
13pay into the Capital Projects Fund an amount that is equal to
14an amount estimated by the Department to represent 80% of the
15net revenue realized for the preceding month from the sale of
16candy, grooming and hygiene products, and soft drinks that had
17been taxed at a rate of 1% prior to September 1, 2009 but that
18are now taxed at 6.25%.
19    Beginning July 1, 2011, each month the Department shall pay
20into the Clean Air Act Permit Fund 80% of the net revenue
21realized for the preceding month from the 6.25% general rate on
22the selling price of sorbents used in Illinois in the process
23of sorbent injection as used to comply with the Environmental
24Protection Act or the federal Clean Air Act, but the total
25payment into the Clean Air Act Permit Fund under this Act and
26the Retailers' Occupation Tax Act shall not exceed $2,000,000

 

 

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1in any fiscal year.
2    Beginning July 1, 2013, each month the Department shall pay
3into the Underground Storage Tank Fund from the proceeds
4collected under this Act, the Service Use Tax Act, the Service
5Occupation Tax Act, and the Retailers' Occupation Tax Act an
6amount equal to the average monthly deficit in the Underground
7Storage Tank Fund during the prior year, as certified annually
8by the Illinois Environmental Protection Agency, but the total
9payment into the Underground Storage Tank Fund under this Act,
10the Service Use Tax Act, the Service Occupation Tax Act, and
11the Retailers' Occupation Tax Act shall not exceed $18,000,000
12in any State fiscal year. As used in this paragraph, the
13"average monthly deficit" shall be equal to the difference
14between the average monthly claims for payment by the fund and
15the average monthly revenues deposited into the fund, excluding
16payments made pursuant to this paragraph.
17    Beginning July 1, 2015, of the remainder of the moneys
18received by the Department under this Act, the Service Use Tax
19Act, the Service Occupation Tax Act, and the Retailers'
20Occupation Tax Act, each month the Department shall deposit
21$500,000 into the State Crime Laboratory Fund.
22    Of the remainder of the moneys received by the Department
23pursuant to this Act, (a) 1.75% thereof shall be paid into the
24Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
25and after July 1, 1989, 3.8% thereof shall be paid into the
26Build Illinois Fund; provided, however, that if in any fiscal

 

 

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1year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
2may be, of the moneys received by the Department and required
3to be paid into the Build Illinois Fund pursuant to Section 3
4of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
5Act, Section 9 of the Service Use Tax Act, and Section 9 of the
6Service Occupation Tax Act, such Acts being hereinafter called
7the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
8may be, of moneys being hereinafter called the "Tax Act
9Amount", and (2) the amount transferred to the Build Illinois
10Fund from the State and Local Sales Tax Reform Fund shall be
11less than the Annual Specified Amount (as defined in Section 3
12of the Retailers' Occupation Tax Act), an amount equal to the
13difference shall be immediately paid into the Build Illinois
14Fund from other moneys received by the Department pursuant to
15the Tax Acts; and further provided, that if on the last
16business day of any month the sum of (1) the Tax Act Amount
17required to be deposited into the Build Illinois Bond Account
18in the Build Illinois Fund during such month and (2) the amount
19transferred during such month to the Build Illinois Fund from
20the State and Local Sales Tax Reform Fund shall have been less
21than 1/12 of the Annual Specified Amount, an amount equal to
22the difference shall be immediately paid into the Build
23Illinois Fund from other moneys received by the Department
24pursuant to the Tax Acts; and, further provided, that in no
25event shall the payments required under the preceding proviso
26result in aggregate payments into the Build Illinois Fund

 

 

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1pursuant to this clause (b) for any fiscal year in excess of
2the greater of (i) the Tax Act Amount or (ii) the Annual
3Specified Amount for such fiscal year; and, further provided,
4that the amounts payable into the Build Illinois Fund under
5this clause (b) shall be payable only until such time as the
6aggregate amount on deposit under each trust indenture securing
7Bonds issued and outstanding pursuant to the Build Illinois
8Bond Act is sufficient, taking into account any future
9investment income, to fully provide, in accordance with such
10indenture, for the defeasance of or the payment of the
11principal of, premium, if any, and interest on the Bonds
12secured by such indenture and on any Bonds expected to be
13issued thereafter and all fees and costs payable with respect
14thereto, all as certified by the Director of the Bureau of the
15Budget (now Governor's Office of Management and Budget). If on
16the last business day of any month in which Bonds are
17outstanding pursuant to the Build Illinois Bond Act, the
18aggregate of the moneys deposited in the Build Illinois Bond
19Account in the Build Illinois Fund in such month shall be less
20than the amount required to be transferred in such month from
21the Build Illinois Bond Account to the Build Illinois Bond
22Retirement and Interest Fund pursuant to Section 13 of the
23Build Illinois Bond Act, an amount equal to such deficiency
24shall be immediately paid from other moneys received by the
25Department pursuant to the Tax Acts to the Build Illinois Fund;
26provided, however, that any amounts paid to the Build Illinois

 

 

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1Fund in any fiscal year pursuant to this sentence shall be
2deemed to constitute payments pursuant to clause (b) of the
3preceding sentence and shall reduce the amount otherwise
4payable for such fiscal year pursuant to clause (b) of the
5preceding sentence. The moneys received by the Department
6pursuant to this Act and required to be deposited into the
7Build Illinois Fund are subject to the pledge, claim and charge
8set forth in Section 12 of the Build Illinois Bond Act.
9    Subject to payment of amounts into the Build Illinois Fund
10as provided in the preceding paragraph or in any amendment
11thereto hereafter enacted, the following specified monthly
12installment of the amount requested in the certificate of the
13Chairman of the Metropolitan Pier and Exposition Authority
14provided under Section 8.25f of the State Finance Act, but not
15in excess of the sums designated as "Total Deposit", shall be
16deposited in the aggregate from collections under Section 9 of
17the Use Tax Act, Section 9 of the Service Use Tax Act, Section
189 of the Service Occupation Tax Act, and Section 3 of the
19Retailers' Occupation Tax Act into the McCormick Place
20Expansion Project Fund in the specified fiscal years.
21Fiscal YearTotal Deposit
221993         $0
231994 53,000,000
241995 58,000,000
251996 61,000,000
261997 64,000,000

 

 

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11998 68,000,000
21999 71,000,000
32000 75,000,000
42001 80,000,000
52002 93,000,000
62003 99,000,000
72004103,000,000
82005108,000,000
92006113,000,000
102007119,000,000
112008126,000,000
122009132,000,000
132010139,000,000
142011146,000,000
152012153,000,000
162013161,000,000
172014170,000,000
182015179,000,000
192016189,000,000
202017199,000,000
212018210,000,000
222019221,000,000
232020233,000,000
242021300,000,000246,000,000
252022300,000,000260,000,000
262023300,000,000275,000,000

 

 

HB0357 Enrolled- 185 -LRB101 05160 RJF 50172 b

12024 300,000,000275,000,000
22025 300,000,000275,000,000
32026 300,000,000279,000,000
42027 375,000,000292,000,000
52028 375,000,000307,000,000
62029 375,000,000322,000,000
72030 375,000,000338,000,000
82031 375,000,000350,000,000
92032 375,000,000350,000,000
102033 375,000,000
112034375,000,000
122035375,000,000
132036450,000,000
14and
15each fiscal year
16thereafter that bonds
17are outstanding under
18Section 13.2 of the
19Metropolitan Pier and
20Exposition Authority Act,
21but not after fiscal year 2060.
22    Beginning July 20, 1993 and in each month of each fiscal
23year thereafter, one-eighth of the amount requested in the
24certificate of the Chairman of the Metropolitan Pier and
25Exposition Authority for that fiscal year, less the amount
26deposited into the McCormick Place Expansion Project Fund by

 

 

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1the State Treasurer in the respective month under subsection
2(g) of Section 13 of the Metropolitan Pier and Exposition
3Authority Act, plus cumulative deficiencies in the deposits
4required under this Section for previous months and years,
5shall be deposited into the McCormick Place Expansion Project
6Fund, until the full amount requested for the fiscal year, but
7not in excess of the amount specified above as "Total Deposit",
8has been deposited.
9    Subject to payment of amounts into the Capital Projects
10Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
11and the McCormick Place Expansion Project Fund pursuant to the
12preceding paragraphs or in any amendments thereto hereafter
13enacted, for aviation fuel sold on or after December 1, 2019,
14the Department shall each month deposit into the Aviation Fuel
15Sales Tax Refund Fund an amount estimated by the Department to
16be required for refunds of the 80% portion of the tax on
17aviation fuel under this Act. The Department shall only deposit
18moneys into the Aviation Fuel Sales Tax Refund Fund under this
19paragraph for so long as the revenue use requirements of 49
20U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
21    Subject to payment of amounts into the Build Illinois Fund
22and the McCormick Place Expansion Project Fund pursuant to the
23preceding paragraphs or in any amendments thereto hereafter
24enacted, beginning July 1, 1993 and ending on September 30,
252013, the Department shall each month pay into the Illinois Tax
26Increment Fund 0.27% of 80% of the net revenue realized for the

 

 

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1preceding month from the 6.25% general rate on the selling
2price of tangible personal property.
3    Subject to payment of amounts into the Build Illinois Fund
4and the McCormick Place Expansion Project Fund pursuant to the
5preceding paragraphs or in any amendments thereto hereafter
6enacted, beginning with the receipt of the first report of
7taxes paid by an eligible business and continuing for a 25-year
8period, the Department shall each month pay into the Energy
9Infrastructure Fund 80% of the net revenue realized from the
106.25% general rate on the selling price of Illinois-mined coal
11that was sold to an eligible business. For purposes of this
12paragraph, the term "eligible business" means a new electric
13generating facility certified pursuant to Section 605-332 of
14the Department of Commerce and Economic Opportunity Law of the
15Civil Administrative Code of Illinois.
16    Subject to payment of amounts into the Build Illinois Fund,
17the McCormick Place Expansion Project Fund, the Illinois Tax
18Increment Fund, and the Energy Infrastructure Fund pursuant to
19the preceding paragraphs or in any amendments to this Section
20hereafter enacted, beginning on the first day of the first
21calendar month to occur on or after August 26, 2014 (the
22effective date of Public Act 98-1098), each month, from the
23collections made under Section 9 of the Use Tax Act, Section 9
24of the Service Use Tax Act, Section 9 of the Service Occupation
25Tax Act, and Section 3 of the Retailers' Occupation Tax Act,
26the Department shall pay into the Tax Compliance and

 

 

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1Administration Fund, to be used, subject to appropriation, to
2fund additional auditors and compliance personnel at the
3Department of Revenue, an amount equal to 1/12 of 5% of 80% of
4the cash receipts collected during the preceding fiscal year by
5the Audit Bureau of the Department under the Use Tax Act, the
6Service Use Tax Act, the Service Occupation Tax Act, the
7Retailers' Occupation Tax Act, and associated local occupation
8and use taxes administered by the Department.
9    Subject to payments of amounts into the Build Illinois
10Fund, the McCormick Place Expansion Project Fund, the Illinois
11Tax Increment Fund, the Energy Infrastructure Fund, and the Tax
12Compliance and Administration Fund as provided in this Section,
13beginning on July 1, 2018 the Department shall pay each month
14into the Downstate Public Transportation Fund the moneys
15required to be so paid under Section 2-3 of the Downstate
16Public Transportation Act.
17    Subject to successful execution and delivery of a
18public-private agreement between the public agency and private
19entity and completion of the civic build, beginning on July 1,
202023, of the remainder of the moneys received by the Department
21under the Use Tax Act, the Service Use Tax Act, the Service
22Occupation Tax Act, and this Act, the Department shall deposit
23the following specified deposits in the aggregate from
24collections under the Use Tax Act, the Service Use Tax Act, the
25Service Occupation Tax Act, and the Retailers' Occupation Tax
26Act, as required under Section 8.25g of the State Finance Act

 

 

HB0357 Enrolled- 189 -LRB101 05160 RJF 50172 b

1for distribution consistent with the Public-Private
2Partnership for Civic and Transit Infrastructure Project Act.
3The moneys received by the Department pursuant to this Act and
4required to be deposited into the Civic and Transit
5Infrastructure Fund are subject to the pledge, claim, and
6charge set forth in Section 25-55 of the Public-Private
7Partnership for Civic and Transit Infrastructure Project Act.
8As used in this paragraph, "civic build", "private entity",
9"public-private agreement", and "public agency" have the
10meanings provided in Section 25-10 of the Public-Private
11Partnership for Civic and Transit Infrastructure Project Act.
12        Fiscal Year............................Total Deposit
13        2024....................................$200,000,000
14        2025....................................$206,000,000
15        2026....................................$212,200,000
16        2027....................................$218,500,000
17        2028....................................$225,100,000
18        2029....................................$288,700,000
19        2030....................................$298,900,000
20        2031....................................$309,300,000
21        2032....................................$320,100,000
22        2033....................................$331,200,000
23        2034....................................$341,200,000
24        2035....................................$351,400,000
25        2036....................................$361,900,000
26        2037....................................$372,800,000

 

 

HB0357 Enrolled- 190 -LRB101 05160 RJF 50172 b

1        2038....................................$384,000,000
2        2039....................................$395,500,000
3        2040....................................$407,400,000
4        2041....................................$419,600,000
5        2042....................................$432,200,000
6        2043....................................$445,100,000
7    Beginning July 1, 2021 and until July 1, 2022, subject to
8the payment of amounts into the State and Local Sales Tax
9Reform Fund, the Build Illinois Fund, the McCormick Place
10Expansion Project Fund, the Illinois Tax Increment Fund, the
11Energy Infrastructure Fund, and the Tax Compliance and
12Administration Fund as provided in this Section, the Department
13shall pay each month into the Road Fund the amount estimated to
14represent 16% of the net revenue realized from the taxes
15imposed on motor fuel and gasohol. Beginning July 1, 2022 and
16until July 1, 2023, subject to the payment of amounts into the
17State and Local Sales Tax Reform Fund, the Build Illinois Fund,
18the McCormick Place Expansion Project Fund, the Illinois Tax
19Increment Fund, the Energy Infrastructure Fund, and the Tax
20Compliance and Administration Fund as provided in this Section,
21the Department shall pay each month into the Road Fund the
22amount estimated to represent 32% of the net revenue realized
23from the taxes imposed on motor fuel and gasohol. Beginning
24July 1, 2023 and until July 1, 2024, subject to the payment of
25amounts into the State and Local Sales Tax Reform Fund, the
26Build Illinois Fund, the McCormick Place Expansion Project

 

 

HB0357 Enrolled- 191 -LRB101 05160 RJF 50172 b

1Fund, the Illinois Tax Increment Fund, the Energy
2Infrastructure Fund, and the Tax Compliance and Administration
3Fund as provided in this Section, the Department shall pay each
4month into the Road Fund the amount estimated to represent 48%
5of the net revenue realized from the taxes imposed on motor
6fuel and gasohol. Beginning July 1, 2024 and until July 1,
72025, subject to the payment of amounts into the State and
8Local Sales Tax Reform Fund, the Build Illinois Fund, the
9McCormick Place Expansion Project Fund, the Illinois Tax
10Increment Fund, the Energy Infrastructure Fund, and the Tax
11Compliance and Administration Fund as provided in this Section,
12the Department shall pay each month into the Road Fund the
13amount estimated to represent 64% of the net revenue realized
14from the taxes imposed on motor fuel and gasohol. Beginning on
15July 1, 2025, subject to the payment of amounts into the State
16and Local Sales Tax Reform Fund, the Build Illinois Fund, the
17McCormick Place Expansion Project Fund, the Illinois Tax
18Increment Fund, the Energy Infrastructure Fund, and the Tax
19Compliance and Administration Fund as provided in this Section,
20the Department shall pay each month into the Road Fund the
21amount estimated to represent 80% of the net revenue realized
22from the taxes imposed on motor fuel and gasohol. As used in
23this paragraph "motor fuel" has the meaning given to that term
24in Section 1.1 of the Motor Fuel Tax Act, and "gasohol" has the
25meaning given to that term in Section 3-40 of this Act.
26    Of the remainder of the moneys received by the Department

 

 

HB0357 Enrolled- 192 -LRB101 05160 RJF 50172 b

1pursuant to this Act, 75% thereof shall be paid into the State
2Treasury and 25% shall be reserved in a special account and
3used only for the transfer to the Common School Fund as part of
4the monthly transfer from the General Revenue Fund in
5accordance with Section 8a of the State Finance Act.
6    As soon as possible after the first day of each month, upon
7certification of the Department of Revenue, the Comptroller
8shall order transferred and the Treasurer shall transfer from
9the General Revenue Fund to the Motor Fuel Tax Fund an amount
10equal to 1.7% of 80% of the net revenue realized under this Act
11for the second preceding month. Beginning April 1, 2000, this
12transfer is no longer required and shall not be made.
13    Net revenue realized for a month shall be the revenue
14collected by the State pursuant to this Act, less the amount
15paid out during that month as refunds to taxpayers for
16overpayment of liability.
17    For greater simplicity of administration, manufacturers,
18importers and wholesalers whose products are sold at retail in
19Illinois by numerous retailers, and who wish to do so, may
20assume the responsibility for accounting and paying to the
21Department all tax accruing under this Act with respect to such
22sales, if the retailers who are affected do not make written
23objection to the Department to this arrangement.
24(Source: P.A. 100-303, eff. 8-24-17; 100-363, eff. 7-1-18;
25100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, Article
2615, Section 15-10, eff. 6-5-19; 101-10, Article 25, Section

 

 

HB0357 Enrolled- 193 -LRB101 05160 RJF 50172 b

125-105, eff. 6-5-19; 101-27, eff. 6-25-19; 101-32, eff.
26-28-19; 101-604, eff. 12-13-19.)
 
3    Section 15-15. The Service Use Tax Act is amended by
4changing Section 9 as follows:
 
5    (35 ILCS 110/9)  (from Ch. 120, par. 439.39)
6    Sec. 9. Each serviceman required or authorized to collect
7the tax herein imposed shall pay to the Department the amount
8of such tax (except as otherwise provided) at the time when he
9is required to file his return for the period during which such
10tax was collected, less a discount of 2.1% prior to January 1,
111990 and 1.75% on and after January 1, 1990, or $5 per calendar
12year, whichever is greater, which is allowed to reimburse the
13serviceman for expenses incurred in collecting the tax, keeping
14records, preparing and filing returns, remitting the tax and
15supplying data to the Department on request. The discount under
16this Section is not allowed for the 1.25% portion of taxes paid
17on aviation fuel that is subject to the revenue use
18requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The
19discount allowed under this Section is allowed only for returns
20that are filed in the manner required by this Act. The
21Department may disallow the discount for servicemen whose
22certificate of registration is revoked at the time the return
23is filed, but only if the Department's decision to revoke the
24certificate of registration has become final. A serviceman need

 

 

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1not remit that part of any tax collected by him to the extent
2that he is required to pay and does pay the tax imposed by the
3Service Occupation Tax Act with respect to his sale of service
4involving the incidental transfer by him of the same property.
5    Except as provided hereinafter in this Section, on or
6before the twentieth day of each calendar month, such
7serviceman shall file a return for the preceding calendar month
8in accordance with reasonable Rules and Regulations to be
9promulgated by the Department. Such return shall be filed on a
10form prescribed by the Department and shall contain such
11information as the Department may reasonably require. On and
12after January 1, 2018, with respect to servicemen whose annual
13gross receipts average $20,000 or more, all returns required to
14be filed pursuant to this Act shall be filed electronically.
15Servicemen who demonstrate that they do not have access to the
16Internet or demonstrate hardship in filing electronically may
17petition the Department to waive the electronic filing
18requirement.
19    The Department may require returns to be filed on a
20quarterly basis. If so required, a return for each calendar
21quarter shall be filed on or before the twentieth day of the
22calendar month following the end of such calendar quarter. The
23taxpayer shall also file a return with the Department for each
24of the first two months of each calendar quarter, on or before
25the twentieth day of the following calendar month, stating:
26        1. The name of the seller;

 

 

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1        2. The address of the principal place of business from
2    which he engages in business as a serviceman in this State;
3        3. The total amount of taxable receipts received by him
4    during the preceding calendar month, including receipts
5    from charge and time sales, but less all deductions allowed
6    by law;
7        4. The amount of credit provided in Section 2d of this
8    Act;
9        5. The amount of tax due;
10        5-5. The signature of the taxpayer; and
11        6. Such other reasonable information as the Department
12    may require.
13    Each serviceman required or authorized to collect the tax
14imposed by this Act on aviation fuel transferred as an incident
15of a sale of service in this State during the preceding
16calendar month shall, instead of reporting and paying tax on
17aviation fuel as otherwise required by this Section, report and
18pay such tax on a separate aviation fuel tax return. The
19requirements related to the return shall be as otherwise
20provided in this Section. Notwithstanding any other provisions
21of this Act to the contrary, servicemen collecting tax on
22aviation fuel shall file all aviation fuel tax returns and
23shall make all aviation fuel tax payments by electronic means
24in the manner and form required by the Department. For purposes
25of this Section, "aviation fuel" means jet fuel and aviation
26gasoline.

 

 

HB0357 Enrolled- 196 -LRB101 05160 RJF 50172 b

1    If a taxpayer fails to sign a return within 30 days after
2the proper notice and demand for signature by the Department,
3the return shall be considered valid and any amount shown to be
4due on the return shall be deemed assessed.
5    Notwithstanding any other provision of this Act to the
6contrary, servicemen subject to tax on cannabis shall file all
7cannabis tax returns and shall make all cannabis tax payments
8by electronic means in the manner and form required by the
9Department.
10    Beginning October 1, 1993, a taxpayer who has an average
11monthly tax liability of $150,000 or more shall make all
12payments required by rules of the Department by electronic
13funds transfer. Beginning October 1, 1994, a taxpayer who has
14an average monthly tax liability of $100,000 or more shall make
15all payments required by rules of the Department by electronic
16funds transfer. Beginning October 1, 1995, a taxpayer who has
17an average monthly tax liability of $50,000 or more shall make
18all payments required by rules of the Department by electronic
19funds transfer. Beginning October 1, 2000, a taxpayer who has
20an annual tax liability of $200,000 or more shall make all
21payments required by rules of the Department by electronic
22funds transfer. The term "annual tax liability" shall be the
23sum of the taxpayer's liabilities under this Act, and under all
24other State and local occupation and use tax laws administered
25by the Department, for the immediately preceding calendar year.
26The term "average monthly tax liability" means the sum of the

 

 

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1taxpayer's liabilities under this Act, and under all other
2State and local occupation and use tax laws administered by the
3Department, for the immediately preceding calendar year
4divided by 12. Beginning on October 1, 2002, a taxpayer who has
5a tax liability in the amount set forth in subsection (b) of
6Section 2505-210 of the Department of Revenue Law shall make
7all payments required by rules of the Department by electronic
8funds transfer.
9    Before August 1 of each year beginning in 1993, the
10Department shall notify all taxpayers required to make payments
11by electronic funds transfer. All taxpayers required to make
12payments by electronic funds transfer shall make those payments
13for a minimum of one year beginning on October 1.
14    Any taxpayer not required to make payments by electronic
15funds transfer may make payments by electronic funds transfer
16with the permission of the Department.
17    All taxpayers required to make payment by electronic funds
18transfer and any taxpayers authorized to voluntarily make
19payments by electronic funds transfer shall make those payments
20in the manner authorized by the Department.
21    The Department shall adopt such rules as are necessary to
22effectuate a program of electronic funds transfer and the
23requirements of this Section.
24    If the serviceman is otherwise required to file a monthly
25return and if the serviceman's average monthly tax liability to
26the Department does not exceed $200, the Department may

 

 

HB0357 Enrolled- 198 -LRB101 05160 RJF 50172 b

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

 

 

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1thereafter returns such property and the serviceman refunds the
2selling price thereof to the purchaser, such serviceman shall
3also refund, to the purchaser, the tax so collected from the
4purchaser. When filing his return for the period in which he
5refunds such tax to the purchaser, the serviceman may deduct
6the amount of the tax so refunded by him to the purchaser from
7any other Service Use Tax, Service Occupation Tax, retailers'
8occupation tax or use tax which such serviceman may be required
9to pay or remit to the Department, as shown by such return,
10provided that the amount of the tax to be deducted shall
11previously have been remitted to the Department by such
12serviceman. If the serviceman shall not previously have
13remitted the amount of such tax to the Department, he shall be
14entitled to no deduction hereunder upon refunding such tax to
15the purchaser.
16    Any serviceman filing a return hereunder shall also include
17the total tax upon the selling price of tangible personal
18property purchased for use by him as an incident to a sale of
19service, and such serviceman shall remit the amount of such tax
20to the Department when filing such return.
21    If experience indicates such action to be practicable, the
22Department may prescribe and furnish a combination or joint
23return which will enable servicemen, who are required to file
24returns hereunder and also under the Service Occupation Tax
25Act, to furnish all the return information required by both
26Acts on the one form.

 

 

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1    Where the serviceman has more than one business registered
2with the Department under separate registration hereunder,
3such serviceman shall not file each return that is due as a
4single return covering all such registered businesses, but
5shall file separate returns for each such registered business.
6    Beginning January 1, 1990, each month the Department shall
7pay into the State and Local Tax Reform Fund, a special fund in
8the State Treasury, the net revenue realized for the preceding
9month from the 1% tax imposed under this Act.
10    Beginning January 1, 1990, each month the Department shall
11pay into the State and Local Sales Tax Reform Fund 20% of the
12net revenue realized for the preceding month from the 6.25%
13general rate on transfers of tangible personal property, other
14than (i) tangible personal property which is purchased outside
15Illinois at retail from a retailer and which is titled or
16registered by an agency of this State's government and (ii)
17aviation fuel sold on or after December 1, 2019. This exception
18for aviation fuel only applies for so long as the revenue use
19requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
20binding on the State.
21    For aviation fuel sold on or after December 1, 2019, each
22month the Department shall pay into the State Aviation Program
23Fund 20% of the net revenue realized for the preceding month
24from the 6.25% general rate on the selling price of aviation
25fuel, less an amount estimated by the Department to be required
26for refunds of the 20% portion of the tax on aviation fuel

 

 

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1under this Act, which amount shall be deposited into the
2Aviation Fuel Sales Tax Refund Fund. The Department shall only
3pay moneys into the State Aviation Program Fund and the
4Aviation Fuel Sales Tax Refund Fund under this Act for so long
5as the revenue use requirements of 49 U.S.C. 47107(b) and 49
6U.S.C. 47133 are binding on the State.
7    Beginning August 1, 2000, each month the Department shall
8pay into the State and Local Sales Tax Reform Fund 100% of the
9net revenue realized for the preceding month from the 1.25%
10rate on the selling price of motor fuel and gasohol.
11    Beginning October 1, 2009, each month the Department shall
12pay into the Capital Projects Fund an amount that is equal to
13an amount estimated by the Department to represent 80% of the
14net revenue realized for the preceding month from the sale of
15candy, grooming and hygiene products, and soft drinks that had
16been taxed at a rate of 1% prior to September 1, 2009 but that
17are now taxed at 6.25%.
18    Beginning July 1, 2013, each month the Department shall pay
19into the Underground Storage Tank Fund from the proceeds
20collected under this Act, the Use Tax Act, the Service
21Occupation Tax Act, and the Retailers' Occupation Tax Act an
22amount equal to the average monthly deficit in the Underground
23Storage Tank Fund during the prior year, as certified annually
24by the Illinois Environmental Protection Agency, but the total
25payment into the Underground Storage Tank Fund under this Act,
26the Use Tax Act, the Service Occupation Tax Act, and the

 

 

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1Retailers' Occupation Tax Act shall not exceed $18,000,000 in
2any State fiscal year. As used in this paragraph, the "average
3monthly deficit" shall be equal to the difference between the
4average monthly claims for payment by the fund and the average
5monthly revenues deposited into the fund, excluding payments
6made pursuant to this paragraph.
7    Beginning July 1, 2015, of the remainder of the moneys
8received by the Department under the Use Tax Act, this Act, the
9Service Occupation Tax Act, and the Retailers' Occupation Tax
10Act, each month the Department shall deposit $500,000 into the
11State Crime Laboratory Fund.
12    Of the remainder of the moneys received by the Department
13pursuant to this Act, (a) 1.75% thereof shall be paid into the
14Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
15and after July 1, 1989, 3.8% thereof shall be paid into the
16Build Illinois Fund; provided, however, that if in any fiscal
17year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
18may be, of the moneys received by the Department and required
19to be paid into the Build Illinois Fund pursuant to Section 3
20of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
21Act, Section 9 of the Service Use Tax Act, and Section 9 of the
22Service Occupation Tax Act, such Acts being hereinafter called
23the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
24may be, of moneys being hereinafter called the "Tax Act
25Amount", and (2) the amount transferred to the Build Illinois
26Fund from the State and Local Sales Tax Reform Fund shall be

 

 

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1less than the Annual Specified Amount (as defined in Section 3
2of the Retailers' Occupation Tax Act), an amount equal to the
3difference shall be immediately paid into the Build Illinois
4Fund from other moneys received by the Department pursuant to
5the Tax Acts; and further provided, that if on the last
6business day of any month the sum of (1) the Tax Act Amount
7required to be deposited into the Build Illinois Bond Account
8in the Build Illinois Fund during such month and (2) the amount
9transferred during such month to the Build Illinois Fund from
10the State and Local Sales Tax Reform Fund shall have been less
11than 1/12 of the Annual Specified Amount, an amount equal to
12the difference shall be immediately paid into the Build
13Illinois Fund from other moneys received by the Department
14pursuant to the Tax Acts; and, further provided, that in no
15event shall the payments required under the preceding proviso
16result in aggregate payments into the Build Illinois Fund
17pursuant to this clause (b) for any fiscal year in excess of
18the greater of (i) the Tax Act Amount or (ii) the Annual
19Specified Amount for such fiscal year; and, further provided,
20that the amounts payable into the Build Illinois Fund under
21this clause (b) shall be payable only until such time as the
22aggregate amount on deposit under each trust indenture securing
23Bonds issued and outstanding pursuant to the Build Illinois
24Bond Act is sufficient, taking into account any future
25investment income, to fully provide, in accordance with such
26indenture, for the defeasance of or the payment of the

 

 

HB0357 Enrolled- 204 -LRB101 05160 RJF 50172 b

1principal of, premium, if any, and interest on the Bonds
2secured by such indenture and on any Bonds expected to be
3issued thereafter and all fees and costs payable with respect
4thereto, all as certified by the Director of the Bureau of the
5Budget (now Governor's Office of Management and Budget). If on
6the last business day of any month in which Bonds are
7outstanding pursuant to the Build Illinois Bond Act, the
8aggregate of the moneys deposited in the Build Illinois Bond
9Account in the Build Illinois Fund in such month shall be less
10than the amount required to be transferred in such month from
11the Build Illinois Bond Account to the Build Illinois Bond
12Retirement and Interest Fund pursuant to Section 13 of the
13Build Illinois Bond Act, an amount equal to such deficiency
14shall be immediately paid from other moneys received by the
15Department pursuant to the Tax Acts to the Build Illinois Fund;
16provided, however, that any amounts paid to the Build Illinois
17Fund in any fiscal year pursuant to this sentence shall be
18deemed to constitute payments pursuant to clause (b) of the
19preceding sentence and shall reduce the amount otherwise
20payable for such fiscal year pursuant to clause (b) of the
21preceding sentence. The moneys received by the Department
22pursuant to this Act and required to be deposited into the
23Build Illinois Fund are subject to the pledge, claim and charge
24set forth in Section 12 of the Build Illinois Bond Act.
25    Subject to payment of amounts into the Build Illinois Fund
26as provided in the preceding paragraph or in any amendment

 

 

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1thereto hereafter enacted, the following specified monthly
2installment of the amount requested in the certificate of the
3Chairman of the Metropolitan Pier and Exposition Authority
4provided under Section 8.25f of the State Finance Act, but not
5in excess of the sums designated as "Total Deposit", shall be
6deposited in the aggregate from collections under Section 9 of
7the Use Tax Act, Section 9 of the Service Use Tax Act, Section
89 of the Service Occupation Tax Act, and Section 3 of the
9Retailers' Occupation Tax Act into the McCormick Place
10Expansion Project Fund in the specified fiscal years.
11Fiscal YearTotal Deposit
121993         $0
131994 53,000,000
141995 58,000,000
151996 61,000,000
161997 64,000,000
171998 68,000,000
181999 71,000,000
192000 75,000,000
202001 80,000,000
212002 93,000,000
222003 99,000,000
232004103,000,000
242005108,000,000
252006113,000,000

 

 

HB0357 Enrolled- 206 -LRB101 05160 RJF 50172 b

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