Rep. Gary Hannig

Filed: 5/2/2006

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1977

2     AMENDMENT NO. ______. Amend Senate Bill 1977, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5
"ARTICLE 1. SHORT TITLE; PURPOSE

 
6     Section 1-1. Short title. This Act may be cited as the
7 FY2007 Budget Implementation (Finance) Act.
 
8     Section 1-3. Purpose. The purpose of this Act is to make
9 changes in State programs that are necessary to implement the
10 Governor's FY2007 budget recommendations concerning finance.
 
11
ARTICLE 5. AMENDATORY PROVISIONS

 
12     Section 5-5. The State Employees Group Insurance Act of
13 1971 is amended by changing Sections 6.10, 10, and 13.1 as
14 follows:
 
15     (5 ILCS 375/6.10)
16     Sec. 6.10. Contributions to the Community College Health
17 Insurance Security Fund.
18     (a) Beginning January 1, 1999, every active contributor of
19 the State Universities Retirement System (established under
20 Article 15 of the Illinois Pension Code) who (1) is a full-time

 

 

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1 employee of a community college district (other than a
2 community college district subject to Article VII of the Public
3 Community College Act) or an association of community college
4 boards and (2) is not an employee as defined in Section 3 of
5 this Act shall make contributions toward the cost of community
6 college annuitant and survivor health benefits at the rate of
7 0.50% of salary.
8     These contributions shall be deducted by the employer and
9 paid to the State Universities Retirement System as service
10 agent for the Department of Central Management Services. The
11 System may use the same processes for collecting the
12 contributions required by this subsection that it uses to
13 collect the contributions received from those employees under
14 Section 15-157 of the Illinois Pension Code. An employer may
15 agree to pick up or pay the contributions required under this
16 subsection on behalf of the employee; such contributions shall
17 be deemed to have been paid by the employee.
18     The State Universities Retirement System shall promptly
19 deposit all moneys collected under this subsection (a) into the
20 Community College Health Insurance Security Fund created in
21 Section 6.9 of this Act. The moneys collected under this
22 Section shall be used only for the purposes authorized in
23 Section 6.9 of this Act and shall not be considered to be
24 assets of the State Universities Retirement System.
25 Contributions made under this Section are not transferable to
26 other pension funds or retirement systems and are not
27 refundable upon termination of service.
28     (b) Beginning January 1, 1999, every community college
29 district (other than a community college district subject to
30 Article VII of the Public Community College Act) or association
31 of community college boards that is an employer under the State
32 Universities Retirement System shall contribute toward the
33 cost of the community college health benefits provided under
34 Section 6.9 of this Act an amount equal to 0.50% of the salary

 

 

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1 paid to its full-time employees who participate in the State
2 Universities Retirement System and are not members as defined
3 in Section 3 of this Act.
4     These contributions shall be paid by the employer to the
5 State Universities Retirement System as service agent for the
6 Department of Central Management Services. The System may use
7 the same processes for collecting the contributions required by
8 this subsection that it uses to collect the contributions
9 received from those employers under Section 15-155 of the
10 Illinois Pension Code.
11     The State Universities Retirement System shall promptly
12 deposit all moneys collected under this subsection (b) into the
13 Community College Health Insurance Security Fund created in
14 Section 6.9 of this Act. The moneys collected under this
15 Section shall be used only for the purposes authorized in
16 Section 6.9 of this Act and shall not be considered to be
17 assets of the State Universities Retirement System.
18 Contributions made under this Section are not transferable to
19 other pension funds or retirement systems and are not
20 refundable upon termination of service.
21     (c) On or before November 15 of each year, the Board of
22 Trustees of the State Universities Retirement System shall
23 certify to the Governor, the Director of Central Management
24 Services, and the State Comptroller its estimate of the total
25 amount of contributions to be paid under subsection (a) of this
26 Section for the next fiscal year. Beginning in fiscal year
27 2008, the amount certified shall be decreased or increased each
28 year by the amount that the actual active employee
29 contributions either fell short of or exceeded the estimate
30 used by the Board in making the certification for the previous
31 fiscal year. The State Universities Retirement System shall
32 calculate the amount of actual active employee contributions in
33 fiscal years 1999 through 2005. Based upon this calculation,
34 the fiscal year 2008 certification shall include an amount

 

 

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1 equal to the cumulative amount that the actual active employee
2 contributions either fell short of or exceeded the estimate
3 used by the Board in making the certification for those fiscal
4 years. The certification shall include a detailed explanation
5 of the methods and information that the Board relied upon in
6 preparing its estimate. As soon as possible after the effective
7 date of this Section, the Board shall submit its estimate for
8 fiscal year 1999.
9     (d) Beginning in fiscal year 1999, on the first day of each
10 month, or as soon thereafter as may be practical, the State
11 Treasurer and the State Comptroller shall transfer from the
12 General Revenue Fund to the Community College Health Insurance
13 Security Fund 1/12 of the annual amount appropriated for that
14 fiscal year to the State Comptroller for deposit into the
15 Community College Health Insurance Security Fund under Section
16 1.4 of the State Pension Funds Continuing Appropriation Act.
17     (e) Except where otherwise specified in this Section, the
18 definitions that apply to Article 15 of the Illinois Pension
19 Code apply to this Section.
20 (Source: P.A. 90-497, eff. 8-18-97; 91-887, eff. 7-6-00.)
 
21     (5 ILCS 375/10)  (from Ch. 127, par. 530)
22     Sec. 10. Payments by State; premiums.
23     (a) The State shall pay the cost of basic non-contributory
24 group life insurance and, subject to member paid contributions
25 set by the Department or required by this Section, the basic
26 program of group health benefits on each eligible member,
27 except a member, not otherwise covered by this Act, who has
28 retired as a participating member under Article 2 of the
29 Illinois Pension Code but is ineligible for the retirement
30 annuity under Section 2-119 of the Illinois Pension Code, and
31 part of each eligible member's and retired member's premiums
32 for health insurance coverage for enrolled dependents as
33 provided by Section 9. The State shall pay the cost of the

 

 

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1 basic program of group health benefits only after benefits are
2 reduced by the amount of benefits covered by Medicare for all
3 members and dependents who are eligible for benefits under
4 Social Security or the Railroad Retirement system or who had
5 sufficient Medicare-covered government employment, except that
6 such reduction in benefits shall apply only to those members
7 and dependents who (1) first become eligible for such Medicare
8 coverage on or after July 1, 1992; or (2) are Medicare-eligible
9 members or dependents of a local government unit which began
10 participation in the program on or after July 1, 1992; or (3)
11 remain eligible for, but no longer receive Medicare coverage
12 which they had been receiving on or after July 1, 1992. The
13 Department may determine the aggregate level of the State's
14 contribution on the basis of actual cost of medical services
15 adjusted for age, sex or geographic or other demographic
16 characteristics which affect the costs of such programs.
17     The cost of participation in the basic program of group
18 health benefits for the dependent or survivor of a living or
19 deceased retired employee who was formerly employed by the
20 University of Illinois in the Cooperative Extension Service and
21 would be an annuitant but for the fact that he or she was made
22 ineligible to participate in the State Universities Retirement
23 System by clause (4) of subsection (a) of Section 15-107 of the
24 Illinois Pension Code shall not be greater than the cost of
25 participation that would otherwise apply to that dependent or
26 survivor if he or she were the dependent or survivor of an
27 annuitant under the State Universities Retirement System.
28     (a-1) Beginning January 1, 1998, for each person who
29 becomes a new SERS annuitant and participates in the basic
30 program of group health benefits, the State shall contribute
31 toward the cost of the annuitant's coverage under the basic
32 program of group health benefits an amount equal to 5% of that
33 cost for each full year of creditable service upon which the
34 annuitant's retirement annuity is based, up to a maximum of

 

 

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1 100% for an annuitant with 20 or more years of creditable
2 service. The remainder of the cost of a new SERS annuitant's
3 coverage under the basic program of group health benefits shall
4 be the responsibility of the annuitant. In the case of a new
5 SERS annuitant who has elected to receive an alternative
6 retirement cancellation payment under Section 14-108.5 of the
7 Illinois Pension Code in lieu of an annuity, for the purposes
8 of this subsection the annuitant shall be deemed to be
9 receiving a retirement annuity based on the number of years of
10 creditable service that the annuitant had established at the
11 time of his or her termination of service under SERS.
12     (a-2) Beginning January 1, 1998, for each person who
13 becomes a new SERS survivor and participates in the basic
14 program of group health benefits, the State shall contribute
15 toward the cost of the survivor's coverage under the basic
16 program of group health benefits an amount equal to 5% of that
17 cost for each full year of the deceased employee's or deceased
18 annuitant's creditable service in the State Employees'
19 Retirement System of Illinois on the date of death, up to a
20 maximum of 100% for a survivor of an employee or annuitant with
21 20 or more years of creditable service. The remainder of the
22 cost of the new SERS survivor's coverage under the basic
23 program of group health benefits shall be the responsibility of
24 the survivor. In the case of a new SERS survivor who was the
25 dependent of an annuitant who elected to receive an alternative
26 retirement cancellation payment under Section 14-108.5 of the
27 Illinois Pension Code in lieu of an annuity, for the purposes
28 of this subsection the deceased annuitant's creditable service
29 shall be determined as of the date of termination of service
30 rather than the date of death.
31     (a-3) Beginning January 1, 1998, for each person who
32 becomes a new SURS annuitant and participates in the basic
33 program of group health benefits, the State shall contribute
34 toward the cost of the annuitant's coverage under the basic

 

 

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1 program of group health benefits an amount equal to 5% of that
2 cost for each full year of creditable service upon which the
3 annuitant's retirement annuity is based, up to a maximum of
4 100% for an annuitant with 20 or more years of creditable
5 service. The remainder of the cost of a new SURS annuitant's
6 coverage under the basic program of group health benefits shall
7 be the responsibility of the annuitant.
8     (a-4) (Blank).
9     (a-5) Beginning January 1, 1998, for each person who
10 becomes a new SURS survivor and participates in the basic
11 program of group health benefits, the State shall contribute
12 toward the cost of the survivor's coverage under the basic
13 program of group health benefits an amount equal to 5% of that
14 cost for each full year of the deceased employee's or deceased
15 annuitant's creditable service in the State Universities
16 Retirement System on the date of death, up to a maximum of 100%
17 for a survivor of an employee or annuitant with 20 or more
18 years of creditable service. The remainder of the cost of the
19 new SURS survivor's coverage under the basic program of group
20 health benefits shall be the responsibility of the survivor.
21     (a-6) Beginning July 1, 1998, for each person who becomes a
22 new TRS State annuitant and participates in the basic program
23 of group health benefits, the State shall contribute toward the
24 cost of the annuitant's coverage under the basic program of
25 group health benefits an amount equal to 5% of that cost for
26 each full year of creditable service as a teacher as defined in
27 paragraph (2), (3), or (5) of Section 16-106 of the Illinois
28 Pension Code upon which the annuitant's retirement annuity is
29 based, up to a maximum of 100%; except that the State
30 contribution shall be 12.5% per year (rather than 5%) for each
31 full year of creditable service as a regional superintendent or
32 assistant regional superintendent of schools. The remainder of
33 the cost of a new TRS State annuitant's coverage under the
34 basic program of group health benefits shall be the

 

 

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1 responsibility of the annuitant.
2     (a-7) Beginning July 1, 1998, for each person who becomes a
3 new TRS State survivor and participates in the basic program of
4 group health benefits, the State shall contribute toward the
5 cost of the survivor's coverage under the basic program of
6 group health benefits an amount equal to 5% of that cost for
7 each full year of the deceased employee's or deceased
8 annuitant's creditable service as a teacher as defined in
9 paragraph (2), (3), or (5) of Section 16-106 of the Illinois
10 Pension Code on the date of death, up to a maximum of 100%;
11 except that the State contribution shall be 12.5% per year
12 (rather than 5%) for each full year of the deceased employee's
13 or deceased annuitant's creditable service as a regional
14 superintendent or assistant regional superintendent of
15 schools. The remainder of the cost of the new TRS State
16 survivor's coverage under the basic program of group health
17 benefits shall be the responsibility of the survivor.
18     (a-8) A new SERS annuitant, new SERS survivor, new SURS
19 annuitant, new SURS survivor, new TRS State annuitant, or new
20 TRS State survivor may waive or terminate coverage in the
21 program of group health benefits. Any such annuitant or
22 survivor who has waived or terminated coverage may enroll or
23 re-enroll in the program of group health benefits only during
24 the annual benefit choice period, as determined by the
25 Director; except that in the event of termination of coverage
26 due to nonpayment of premiums, the annuitant or survivor may
27 not re-enroll in the program.
28     (a-9) No later than May 1 of each calendar year, the
29 Director of Central Management Services shall certify in
30 writing to the Executive Secretary of the State Employees'
31 Retirement System of Illinois the amounts of the Medicare
32 supplement health care premiums and the amounts of the health
33 care premiums for all other retirees who are not Medicare
34 eligible.

 

 

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1     A separate calculation of the premiums based upon the
2 actual cost of each health care plan shall be so certified.
3     The Director of Central Management Services shall provide
4 to the Executive Secretary of the State Employees' Retirement
5 System of Illinois such information, statistics, and other data
6 as he or she may require to review the premium amounts
7 certified by the Director of Central Management Services.
8     (b) State employees who become eligible for this program on
9 or after January 1, 1980 in positions normally requiring actual
10 performance of duty not less than 1/2 of a normal work period
11 but not equal to that of a normal work period, shall be given
12 the option of participating in the available program. If the
13 employee elects coverage, the State shall contribute on behalf
14 of such employee to the cost of the employee's benefit and any
15 applicable dependent supplement, that sum which bears the same
16 percentage as that percentage of time the employee regularly
17 works when compared to normal work period.
18     (c) The basic non-contributory coverage from the basic
19 program of group health benefits shall be continued for each
20 employee not in pay status or on active service by reason of
21 (1) leave of absence due to illness or injury, (2) authorized
22 educational leave of absence or sabbatical leave, or (3)
23 military leave with pay and benefits. This coverage shall
24 continue until expiration of authorized leave and return to
25 active service, but not to exceed 24 months for leaves under
26 item (1) or (2). This 24-month limitation and the requirement
27 of returning to active service shall not apply to persons
28 receiving ordinary or accidental disability benefits or
29 retirement benefits through the appropriate State retirement
30 system or benefits under the Workers' Compensation or
31 Occupational Disease Act.
32     (d) The basic group life insurance coverage shall continue,
33 with full State contribution, where such person is (1) absent
34 from active service by reason of disability arising from any

 

 

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1 cause other than self-inflicted, (2) on authorized educational
2 leave of absence or sabbatical leave, or (3) on military leave
3 with pay and benefits.
4     (e) Where the person is in non-pay status for a period in
5 excess of 30 days or on leave of absence, other than by reason
6 of disability, educational or sabbatical leave, or military
7 leave with pay and benefits, such person may continue coverage
8 only by making personal payment equal to the amount normally
9 contributed by the State on such person's behalf. Such payments
10 and coverage may be continued: (1) until such time as the
11 person returns to a status eligible for coverage at State
12 expense, but not to exceed 24 months, (2) until such person's
13 employment or annuitant status with the State is terminated, or
14 (3) for a maximum period of 4 years for members on military
15 leave with pay and benefits and military leave without pay and
16 benefits (exclusive of any additional service imposed pursuant
17 to law).
18     (f) The Department shall establish by rule the extent to
19 which other employee benefits will continue for persons in
20 non-pay status or who are not in active service.
21     (g) The State shall not pay the cost of the basic
22 non-contributory group life insurance, program of health
23 benefits and other employee benefits for members who are
24 survivors as defined by paragraphs (1) and (2) of subsection
25 (q) of Section 3 of this Act. The costs of benefits for these
26 survivors shall be paid by the survivors or by the University
27 of Illinois Cooperative Extension Service, or any combination
28 thereof. However, the State shall pay the amount of the
29 reduction in the cost of participation, if any, resulting from
30 the amendment to subsection (a) made by this amendatory Act of
31 the 91st General Assembly.
32     (h) Those persons occupying positions with any department
33 as a result of emergency appointments pursuant to Section 8b.8
34 of the Personnel Code who are not considered employees under

 

 

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1 this Act shall be given the option of participating in the
2 programs of group life insurance, health benefits and other
3 employee benefits. Such persons electing coverage may
4 participate only by making payment equal to the amount normally
5 contributed by the State for similarly situated employees. Such
6 amounts shall be determined by the Director. Such payments and
7 coverage may be continued until such time as the person becomes
8 an employee pursuant to this Act or such person's appointment
9 is terminated.
10     (i) Any unit of local government within the State of
11 Illinois may apply to the Director to have its employees,
12 annuitants, and their dependents provided group health
13 coverage under this Act on a non-insured basis. To participate,
14 a unit of local government must agree to enroll all of its
15 employees, who may select coverage under either the State group
16 health benefits plan or a health maintenance organization that
17 has contracted with the State to be available as a health care
18 provider for employees as defined in this Act. A unit of local
19 government must remit the entire cost of providing coverage
20 under the State group health benefits plan or, for coverage
21 under a health maintenance organization, an amount determined
22 by the Director based on an analysis of the sex, age,
23 geographic location, or other relevant demographic variables
24 for its employees, except that the unit of local government
25 shall not be required to enroll those of its employees who are
26 covered spouses or dependents under this plan or another group
27 policy or plan providing health benefits as long as (1) an
28 appropriate official from the unit of local government attests
29 that each employee not enrolled is a covered spouse or
30 dependent under this plan or another group policy or plan, and
31 (2) at least 85% of the employees are enrolled and the unit of
32 local government remits the entire cost of providing coverage
33 to those employees, except that a participating school district
34 must have enrolled at least 85% of its full-time employees who

 

 

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1 have not waived coverage under the district's group health plan
2 by participating in a component of the district's cafeteria
3 plan. A participating school district is not required to enroll
4 a full-time employee who has waived coverage under the
5 district's health plan, provided that an appropriate official
6 from the participating school district attests that the
7 full-time employee has waived coverage by participating in a
8 component of the district's cafeteria plan. For the purposes of
9 this subsection, "participating school district" includes a
10 unit of local government whose primary purpose is education as
11 defined by the Department's rules.
12     Employees of a participating unit of local government who
13 are not enrolled due to coverage under another group health
14 policy or plan may enroll in the event of a qualifying change
15 in status, special enrollment, special circumstance as defined
16 by the Director, or during the annual Benefit Choice Period. A
17 participating unit of local government may also elect to cover
18 its annuitants. Dependent coverage shall be offered on an
19 optional basis, with the costs paid by the unit of local
20 government, its employees, or some combination of the two as
21 determined by the unit of local government. The unit of local
22 government shall be responsible for timely collection and
23 transmission of dependent premiums.
24     The Director shall annually determine monthly rates of
25 payment, subject to the following constraints:
26         (1) In the first year of coverage, the rates shall be
27     equal to the amount normally charged to State employees for
28     elected optional coverages or for enrolled dependents
29     coverages or other contributory coverages, or contributed
30     by the State for basic insurance coverages on behalf of its
31     employees, adjusted for differences between State
32     employees and employees of the local government in age,
33     sex, geographic location or other relevant demographic
34     variables, plus an amount sufficient to pay for the

 

 

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1     additional administrative costs of providing coverage to
2     employees of the unit of local government and their
3     dependents.
4         (2) In subsequent years, a further adjustment shall be
5     made to reflect the actual prior years' claims experience
6     of the employees of the unit of local government.
7     In the case of coverage of local government employees under
8 a health maintenance organization, the Director shall annually
9 determine for each participating unit of local government the
10 maximum monthly amount the unit may contribute toward that
11 coverage, based on an analysis of (i) the age, sex, geographic
12 location, and other relevant demographic variables of the
13 unit's employees and (ii) the cost to cover those employees
14 under the State group health benefits plan. The Director may
15 similarly determine the maximum monthly amount each unit of
16 local government may contribute toward coverage of its
17 employees' dependents under a health maintenance organization.
18     Monthly payments by the unit of local government or its
19 employees for group health benefits plan or health maintenance
20 organization coverage shall be deposited in the Local
21 Government Health Insurance Reserve Fund.
22     The Local Government Health Insurance Reserve Fund shall be
23 a continuing fund not subject to fiscal year limitations. All
24 revenues arising from the administration of the health benefits
25 program established under this Section shall be deposited into
26 the Local Government Health Insurance Reserve Fund. All
27 expenditures from this Fund shall be used for payments for
28 health care benefits for local government and rehabilitation
29 facility employees, annuitants, and dependents, and to
30 reimburse the Department or its administrative service
31 organization for all expenses incurred in the administration of
32 benefits. No other State funds may be used for these purposes.
33     A local government employer's participation or desire to
34 participate in a program created under this subsection shall

 

 

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1 not limit that employer's duty to bargain with the
2 representative of any collective bargaining unit of its
3 employees.
4     (j) Any rehabilitation facility within the State of
5 Illinois may apply to the Director to have its employees,
6 annuitants, and their eligible dependents provided group
7 health coverage under this Act on a non-insured basis. To
8 participate, a rehabilitation facility must agree to enroll all
9 of its employees and remit the entire cost of providing such
10 coverage for its employees, except that the rehabilitation
11 facility shall not be required to enroll those of its employees
12 who are covered spouses or dependents under this plan or
13 another group policy or plan providing health benefits as long
14 as (1) an appropriate official from the rehabilitation facility
15 attests that each employee not enrolled is a covered spouse or
16 dependent under this plan or another group policy or plan, and
17 (2) at least 85% of the employees are enrolled and the
18 rehabilitation facility remits the entire cost of providing
19 coverage to those employees. Employees of a participating
20 rehabilitation facility who are not enrolled due to coverage
21 under another group health policy or plan may enroll in the
22 event of a qualifying change in status, special enrollment,
23 special circumstance as defined by the Director, or during the
24 annual Benefit Choice Period. A participating rehabilitation
25 facility may also elect to cover its annuitants. Dependent
26 coverage shall be offered on an optional basis, with the costs
27 paid by the rehabilitation facility, its employees, or some
28 combination of the 2 as determined by the rehabilitation
29 facility. The rehabilitation facility shall be responsible for
30 timely collection and transmission of dependent premiums.
31     The Director shall annually determine quarterly rates of
32 payment, subject to the following constraints:
33         (1) In the first year of coverage, the rates shall be
34     equal to the amount normally charged to State employees for

 

 

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1     elected optional coverages or for enrolled dependents
2     coverages or other contributory coverages on behalf of its
3     employees, adjusted for differences between State
4     employees and employees of the rehabilitation facility in
5     age, sex, geographic location or other relevant
6     demographic variables, plus an amount sufficient to pay for
7     the additional administrative costs of providing coverage
8     to employees of the rehabilitation facility and their
9     dependents.
10         (2) In subsequent years, a further adjustment shall be
11     made to reflect the actual prior years' claims experience
12     of the employees of the rehabilitation facility.
13     Monthly payments by the rehabilitation facility or its
14 employees for group health benefits shall be deposited in the
15 Local Government Health Insurance Reserve Fund.
16     (k) Any domestic violence shelter or service within the
17 State of Illinois may apply to the Director to have its
18 employees, annuitants, and their dependents provided group
19 health coverage under this Act on a non-insured basis. To
20 participate, a domestic violence shelter or service must agree
21 to enroll all of its employees and pay the entire cost of
22 providing such coverage for its employees. A participating
23 domestic violence shelter may also elect to cover its
24 annuitants. Dependent coverage shall be offered on an optional
25 basis, with employees, or some combination of the 2 as
26 determined by the domestic violence shelter or service. The
27 domestic violence shelter or service shall be responsible for
28 timely collection and transmission of dependent premiums.
29     The Director shall annually determine rates of payment,
30 subject to the following constraints:
31         (1) In the first year of coverage, the rates shall be
32     equal to the amount normally charged to State employees for
33     elected optional coverages or for enrolled dependents
34     coverages or other contributory coverages on behalf of its

 

 

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1     employees, adjusted for differences between State
2     employees and employees of the domestic violence shelter or
3     service in age, sex, geographic location or other relevant
4     demographic variables, plus an amount sufficient to pay for
5     the additional administrative costs of providing coverage
6     to employees of the domestic violence shelter or service
7     and their dependents.
8         (2) In subsequent years, a further adjustment shall be
9     made to reflect the actual prior years' claims experience
10     of the employees of the domestic violence shelter or
11     service.
12     Monthly payments by the domestic violence shelter or
13 service or its employees for group health insurance shall be
14 deposited in the Local Government Health Insurance Reserve
15 Fund.
16     (l) A public community college or entity organized pursuant
17 to the Public Community College Act may apply to the Director
18 initially to have only annuitants not covered prior to July 1,
19 1992 by the district's health plan provided health coverage
20 under this Act on a non-insured basis. The community college
21 must execute a 2-year contract to participate in the Local
22 Government Health Plan. Any annuitant may enroll in the event
23 of a qualifying change in status, special enrollment, special
24 circumstance as defined by the Director, or during the annual
25 Benefit Choice Period.
26     The Director shall annually determine monthly rates of
27 payment subject to the following constraints: for those
28 community colleges with annuitants only enrolled, first year
29 rates shall be equal to the average cost to cover claims for a
30 State member adjusted for demographics, Medicare
31 participation, and other factors; and in the second year, a
32 further adjustment of rates shall be made to reflect the actual
33 first year's claims experience of the covered annuitants.
34     (l-5) The provisions of subsection (l) become inoperative

 

 

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1 on July 1, 1999.
2     (m) The Director shall adopt any rules deemed necessary for
3 implementation of this amendatory Act of 1989 (Public Act
4 86-978).
5 (Source: P.A. 92-16, eff. 6-28-01; 93-839, eff. 7-30-04.)
 
6     (5 ILCS 375/13.1)  (from Ch. 127, par. 533.1)
7     Sec. 13.1. (a) All contributions, appropriations,
8 interest, and dividend payments to fund the program of health
9 benefits and other employee benefits, and all other revenues
10 arising from the administration of any employee health benefits
11 program, shall be deposited in a trust fund outside the State
12 Treasury, with the State Treasurer as ex-officio custodian, to
13 be known as the Health Insurance Reserve Fund.
14     (b) Upon the adoption of a self-insurance health plan, any
15 monies attributable to the group health insurance program shall
16 be deposited in or transferred to the Health Insurance Reserve
17 Fund for use by the Department. As of the effective date of
18 this amendatory Act of 1986, the Department shall certify to
19 the Comptroller the amount of money in the Group Insurance
20 Premium Fund attributable to the State group health insurance
21 program and the Comptroller shall transfer such money from the
22 Group Insurance Premium Fund to the Health Insurance Reserve
23 Fund. Contributions by the State to the Health Insurance
24 Reserve Fund to meet the requirements of this Act, as
25 established by the Director, from the General Revenue Fund and
26 the Road Fund to the Health Insurance Reserve Fund shall be by
27 annual appropriations, and all other contributions to meet the
28 requirements of the programs of health benefits or other
29 employee benefits shall be deposited in the Health Insurance
30 Reserve Fund. The Department shall draw the appropriation from
31 the General Revenue Fund and the Road Fund from time to time as
32 necessary to make expenditures authorized under this Act.
33     The Director may employ such assistance and services and

 

 

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1 may purchase such goods as may be necessary for the proper
2 development and administration of any of the benefit programs
3 authorized by this Act. The Director may promulgate rules and
4 regulations in regard to the administration of these programs.
5     All monies received by the Department for deposit in or
6 transfer to the Health Insurance Reserve Fund, through
7 appropriation or otherwise, shall be used to provide for the
8 making of payments to claimants and providers and to reimburse
9 the Department for all expenses directly incurred relating to
10 Department development and administration of the program of
11 health benefits and other employee benefits.
12     Any administrative service organization administering any
13 self-insurance health plan and paying claims and benefits under
14 authority of this Act may receive, pursuant to written
15 authorization and direction of the Director, an initial
16 transfer and periodic transfers of funds from the Health
17 Insurance Reserve Fund in amounts determined by the Director
18 who may consider the amount recommended by the administrative
19 service organization. Notwithstanding any other statute, such
20 transferred funds shall be retained by the administrative
21 service organization in a separate account provided by any bank
22 as defined by the Illinois Banking Act. The Department may
23 promulgate regulations further defining the banks authorized
24 to accept such funds and all methodology for transfer of such
25 funds. Any interest earned by monies in such account shall
26 inure to the Health Insurance Reserve Fund, shall remain in
27 such account and shall be used exclusively to pay claims and
28 benefits under this Act. Such transferred funds shall be used
29 exclusively for administrative service organization payment of
30 claims to claimants and providers under the self-insurance
31 health plan by the drawing of checks against such account. The
32 administrative service organization may not use such
33 transferred funds, or interest accrued thereon, for any other
34 purpose including, but not limited to, reimbursement of

 

 

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1 administrative expenses or payments of administration fees due
2 the organization pursuant to its contract or contracts with the
3 Department of Central Management Services.
4     The account of the administrative service organization
5 established under this Section, any transfers from the Health
6 Insurance Reserve Fund to such account and the use of such
7 account and funds shall be subject to (1) audit by the
8 Department or private contractor authorized by the Department
9 to conduct audits, and (2) post audit pursuant to the Illinois
10 State Auditing Act.
11     (c) The Director, with the advice and consent of the
12 Commission, shall establish premiums for optional coverage for
13 dependents of eligible members for the health plans. The
14 eligible members shall be responsible for their portion of such
15 optional premium. The State shall contribute an amount per
16 month for each eligible member who has enrolled one or more
17 dependents under the health plans. Such contribution shall be
18 made directly to the Health Insurance Reserve Fund. Those
19 employees described in subsection (b) of Section 9 of this Act
20 shall be allowed to continue in the health plan by making
21 personal payments with the premiums to be deposited in the
22 Health Insurance Reserve Fund.
23     (d) The Health Insurance Reserve Fund shall be a continuing
24 fund not subject to fiscal year limitations. All expenditures
25 from that fund shall be at the direction of the Director and
26 shall be only for the purpose of:
27         (1) the payment of administrative expenses incurred by
28     the Department for the program of health benefits or other
29     employee benefit programs, including but not limited to the
30     costs of audits or actuarial consultations, professional
31     and contractual services, electronic data processing
32     systems and services, and expenses in connection with the
33     development and administration of such programs;
34         (2) the payment of administrative expenses incurred by

 

 

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1     the Administrative Service Organization;
2         (3) the payment of health benefits;
3         (4) refunds to employees for erroneous payments of
4     their selected dependent coverage;
5         (5) payment of premium for stop-loss or re-insurance;
6         (6) payment of premium to health maintenance
7     organizations pursuant to Section 6.1 of this Act;
8         (7) payment of adoption program benefits; and
9         (8) payment of other benefits offered to members and
10     dependents under this Act.
11 (Source: P.A. 91-390, eff. 7-30-99.)
 
12     Section 5-10. The Department of Commerce and Economic
13 Opportunity Law of the Civil Administrative Code of Illinois is
14 amended by adding Section 605-812 as follows:
 
15     (20 ILCS 605/605-812 new)
16     Sec. 605-812. Employment opportunities grant program.
17     (a) The Department shall administer a grant program to
18 expand employment opportunities for targeted populations in
19 eligible grant areas in Illinois. The goal of the program shall
20 be to expand the number of people in targeted populations who
21 enter and complete building trades apprenticeship programs and
22 achieve journey-level status within a building trades union.
23     (b) All successful grant applicants shall be required to
24 partner with a joint labor and management-sponsored
25 apprenticeship program or programs. All successful grant
26 applicants must provide participating individuals with paid
27 employment opportunities while participating in the program.
28     (c) The Department shall establish criteria for (i)
29 prioritizing grant requests from eligible grant applicants and
30 (ii) determining what project activities qualify for funding.
31 Entities eligible to apply for grant funding shall include:
32 community-based organizations and educational institutions.

 

 

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1 These eligible entities shall have the following capabilities:
2 a demonstrated expertise in serving targeted populations;
3 knowledge of the construction industry; demonstrated success
4 in placing clients in employment; previous experience offering
5 employment services for targeted populations; and expertise in
6 preparing workers for employment in the building trades.
7     (d) The Department shall determine the targeted
8 populations to be served by the program. The Department shall
9 establish geographic boundaries of eligible grant areas.
10     (e) The Department shall require all successful grant
11 applicants to report quarterly on implementation of planned
12 activities and success in reaching key milestones. Successful
13 grant applicants must also maintain and report
14 individual-level information on types of services received and
15 resulting outcomes, including placement into specific
16 apprenticeship programs.
17     (f) The Department shall report to the Governor and the
18 General Assembly on December 31, 2007 and on December 31 of
19 each year thereafter as long as grant-funded activities are
20 provided on the activities undertaken by all successful grant
21 applicants. The report shall include an evaluation of those
22 activities and their success in assisting participating
23 individuals to enter and complete building trades
24 apprenticeship programs and achieve journey-level status.
 
25     Section 5-15. The Renewable Energy, Energy Efficiency, and
26 Coal Resources Development Law of 1997 is amended by changing
27 Section 6-4 as follows:
 
28     (20 ILCS 687/6-4)
29     (Section scheduled to be repealed on December 16, 2007)
30     Sec. 6-4. Renewable Energy Resources Trust Fund.
31     (a) A fund to be called the Renewable Energy Resources
32 Trust Fund is hereby established in the State Treasury.

 

 

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1     (b) The Renewable Energy Resources Trust Fund shall be
2 administered by the Department to provide grants, loans, and
3 other incentives to foster investment in and the development
4 and use of renewable energy resources as provided in Section
5 6-3 of this Law or pursuant to the Illinois Renewable Fuels
6 Development Program Act.
7     (c) All funds used by the Department for the Renewable
8 Energy Resources Program shall be subject to appropriation by
9 the General Assembly.
10 (Source: P.A. 90-561, eff. 12-16-97.)
 
11     Section 5-20. The Illinois Renewable Fuels Development
12 Program Act is amended by changing Section 20 as follows:
 
13     (20 ILCS 689/20)
14     Sec. 20. Grants. Subject to appropriation from the Build
15 Illinois Bond Fund, the Director is authorized to award grants
16 to eligible applicants. The annual aggregate amount of grants
17 awarded shall not exceed $20,000,000 $15,000,000.
18 (Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03.)
 
19     Section 5-25. The Mental Health and Developmental
20 Disabilities Administrative Act is amended by changing Section
21 18.4 as follows:
 
22     (20 ILCS 1705/18.4)
23     Sec. 18.4. Community Mental Health Medicaid Trust Fund;
24 reimbursement.
25     (a) The Community Mental Health Medicaid Trust Fund is
26 hereby created in the State Treasury.
27     (b) Except as otherwise provided in this Section, effective
28 in the first fiscal year following repayment of interfund
29 transfers under subsection (b-1), amounts the first
30 $73,000,000 paid to the State by the federal government under

 

 

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1 Title XIX or Title XXI of the Social Security Act for services
2 delivered by community mental health services providers, and
3 any interest earned thereon, shall be deposited as follows:
4         (1) The first $75,000,000 shall be deposited directly
5     into the Community Mental Health Medicaid Trust Fund to be
6     used for the purchase of community mental health services;
7         (2) The next $4,500,000 shall be deposited directly
8     into the Community Mental Health Medicaid Trust Fund to be
9     used by the Department of Human Services' Division of
10     Mental Health for the oversight and administration of
11     community mental health services and up to $1,000,000 of
12     this amount may be used for support of community mental
13     health service initiatives; and
14         (3) Any additional amounts shall be deposited 50% into
15     the Community Mental Health Medicaid Trust Fund to be used
16     for the purchase of community mental health services and
17     50% into the General Revenue Fund. directly into the
18     Community Mental Health Medicaid Trust Fund. The next
19     $25,000,000 shall be deposited into the General Revenue
20     Fund. Amounts received in excess of $98,000,000 in any
21     State fiscal year after fiscal year 2006 shall be deposited
22     50% into the General Revenue Fund and 50% into the
23     Community Mental Health Medicaid Trust Fund. The
24     Department shall analyze the budgeting and programmatic
25     impact of this funding allocation and report to the
26     Governor and the General Assembly the results of this
27     analysis and any recommendations for change, no later than
28     December 31, 2005.
29     (b-1) For State fiscal year 2005, the first $73,000,000 in
30 any funds paid to the State by the federal government under
31 Title XIX or Title XXI of the Social Security Act for services
32 delivered by community mental health services providers, and
33 any interest earned thereon, shall be deposited directly into
34 the Community Mental Health Medicaid Trust Fund before any

 

 

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1 deposits are made into the General Revenue Fund. The next
2 $25,000,000, less any deposits made prior to the effective date
3 of this amendatory Act of the 94th General Assembly, shall be
4 deposited into the General Revenue Fund. Amounts received in
5 excess of $98,000,000 shall be deposited 50% into the General
6 Revenue Fund and 50% into the Community Mental Health Medicaid
7 Trust Fund. At the direction of the Director of Health Care and
8 Family Services Public Aid, on April 1, 2005, or as soon
9 thereafter as practical, the Comptroller shall direct and the
10 State Treasurer shall transfer amounts not to exceed
11 $14,000,000 into the Community Mental Health Medicaid Trust
12 Fund from the Public Aid Recoveries Trust Fund.
13     (b-2) For State fiscal year 2006, and in subsequent fiscal
14 years until any transfers under subsection (b-1) are repaid,
15 the first $73,000,000 in any funds paid to the State by the
16 federal government under Title XIX or Title XXI of the Social
17 Security Act for services delivered by community mental health
18 services providers, and any interest earned thereon, shall be
19 deposited directly into the Community Mental Health Medicaid
20 Trust Fund. Then the next $14,000,000, or such amount as was
21 transferred under subsection (b-1) at the direction of the
22 Director of Health Care and Family Services Public Aid, shall
23 be deposited into the Public Aid Recoveries Trust Fund. The
24 next $11,000,000 shall be deposited into the General Revenue
25 Fund. Any additional amounts received shall be deposited in
26 accordance with subsection (b) 50% into the General Revenue
27 Fund and 50% into the Community Mental Health Medicaid Trust
28 Fund.
29     (c) The Department shall reimburse community mental health
30 services providers for Medicaid-reimbursed mental health
31 services provided to eligible individuals. Moneys in the
32 Community Mental Health Medicaid Trust Fund may be used for
33 that purpose.
34     (d) As used in this Section:

 

 

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1     "Medicaid-reimbursed mental health services" means
2 services provided by a community mental health provider under
3 an agreement with the Department that is eligible for
4 reimbursement under the federal Title XIX program or Title XXI
5 program.
6     "Community mental health provider Provider" means a
7 community agency that is funded by the Department to provide a
8 Medicaid-reimbursed service.
9     "Service Services" means a mental health service services
10 provided pursuant to the provisions of administrative rules
11 adopted by the Department and funded by the Department of Human
12 Services' Division of Mental Health. under one of the following
13 programs:
14         (1) Medicaid Clinic Option;
15         (2) Medicaid Rehabilitation Option;
16         (3) Targeted Case Management.
17 (Source: P.A. 93-841, eff. 7-30-04; 94-58, eff. 6-17-05.)
 
18     Section 5-35. The Illinois Global Partnership Act is
19 amended by changing Section 50 as follows:
 
20     (20 ILCS 3948/50)
21     Sec. 50. Finances; audits; annual report.
22     (a) IGP may accept funds, grants, gifts, and services from
23 the government of the United States or its agencies, from this
24 State or its departments, agencies, or instrumentalities, from
25 any other governmental unit, and from private and civic sources
26 for the purpose of funding any projects authorized by this Act.
27 IGP may receive appropriations.
28     (b) Services of personnel, use of equipment and office
29 space, and other necessary services may be accepted from
30 members of the board as part of IGP's financial support.
31     (c) State funds appropriated for the operations and
32 functions of IGP for fiscal year 2011 and each fiscal year

 

 

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1 thereafter should not exceed 60% of IGP's funding from all
2 sources for the fiscal year.
3     (d) The board shall arrange for the annual financial audit
4 of IGP by one or more independent certified public accountants
5 in accordance with generally accepted accounting principles.
6 The annual audit results shall be included in the annual report
7 required under subsection (e).
8     (e) IGP shall report annually on its activities and
9 finances to the Governor and the members of the General
10 Assembly.
11     (f) Payments by the IGP to the Department of Agriculture as
12 reimbursement for employee costs as provided in Section 45 and
13 for proportionate lease payments for office space for employees
14 shall be deposited into the Agricultural Premium Fund.
15 (Source: P.A. 94-388, eff. 7-29-05.)
 
16     Section 5-36. The I-FLY Act is amended by changing Sections
17 10, 15, 20, and 25 as follows:
 
18     (20 ILCS 3958/10)
19     Sec. 10. Definitions. As used in this Act:
20     "Air carrier" means an entity that provides commercial
21 passenger air transportation.
22     "Commission" means the Air Service Commission.
23     "Department" means the Department of Transportation.
24 (Source: P.A. 93-585, eff. 8-22-03.)
 
25     (20 ILCS 3958/15)
26     Sec. 15. I-FLY Fund.
27     (a) The I-FLY Fund is created as a special fund in the
28 State treasury. Moneys may be deposited into the Fund from: (1)
29 appropriations made by the General Assembly and units of local
30 government to the Fund, (2) federal moneys designated for the
31 Fund, and (3) any grants or gifts designated for the Fund.

 

 

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1     (b) The moneys in the Fund shall be used by the Department
2 Commission, subject to appropriation, for air carrier
3 recruitment, and retention program grants, and for planning
4 grants, and Commission expenses.
5 (Source: P.A. 93-585, eff. 8-22-03.)
 
6     (20 ILCS 3958/20)
7     Sec. 20. Air Service Commission. There is created the Air
8 Service Commission. The Commission shall consist of 5 members,
9 each of whom has airport management or air carrier experience,
10 or both. The members shall be appointed by the Governor, with
11 the advice and consent of the Senate, each one from a different
12 geographical region of the State outside of Cook County. The
13 Governor shall designate one of the members as the chairperson.
14     Members shall serve for a term of 4 years, except that, for
15 the initial members appointed, one shall serve for a term of 5
16 years, one for a term of 4 years, one for a term of 3 years, one
17 for a term of 2 years, and one for a term of one year. Initial
18 terms shall commence on July 1, 2003. Each member shall serve
19 until a successor is appointed and qualified. Vacancies shall
20 be filled in the same manner as initial appointments. The
21 members shall not receive a salary but shall be reimbursed for
22 the necessary expenses incurred in the performance of their
23 duties.
24     The Commission shall administer this Act and is authorized
25 to do all things reasonable and necessary to accomplish the
26 goals of the I-FLY Program in cooperation with the Department.
27 (Source: P.A. 93-585, eff. 8-22-03.)
 
28     (20 ILCS 3958/25)
29     Sec. 25. I-FLY Program.
30     (a) The Department Commission shall establish the I-FLY
31 Program, in cooperation with the Commission. The Program shall
32 consist of the following components:

 

 

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1         (1) air carrier recruitment and retention grants as
2     described in subsection (c); and
3         (2) planning grants under subsection (d).
4     The Department Commission may make grants under this Act
5 only to airports that are located completely outside of Cook
6 County.
7     (b) During any one-year period, an airport may receive a
8 grant for only one of the 2 components specified in subsection
9 (a).
10     (c) Air carrier recruitment and retention program grants.
11         (1) An airport may receive an air carrier recruitment
12     and retention program grant from the Department Commission
13     only if:
14             (A) it is capable of supporting takeoffs and
15         landings by aircraft that have at least 19 passenger
16         seats or have made improvements or commitments to the
17         Department Commission to provide this capability; and
18             (B) it has a commitment from an air carrier to
19         start or continue air service to the community that the
20         airport serves subject to financial support from the
21         State and from the airport or unit of local government
22         that the airport serves. The commitment must specify
23         that the air carrier would not provide or continue to
24         provide service to the community if financial
25         assistance were not available.
26         (2) An application for an air carrier recruitment and
27     retention program grant must contain commitments from the
28     airport or the unit of local government in which the
29     airport is located as to the amount of the total project
30     cost, the contribution from the unit of local government or
31     airport, the method in which the contribution from the
32     airport or unit of local government will be generated, and
33     the requested State contribution.
34         (3) The air carrier recruitment and retention program

 

 

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1     grant shall be used to guarantee the financial viability of
2     air carriers providing reasonable air service at the
3     airport. A grant under this subsection (c) to a particular
4     airport may be in only one of the following 3 forms:
5             (A) A grant may be used to guarantee that an air
6         carrier shall receive an agreed amount of revenue per
7         flight.
8             (B) A grant may be used to guarantee a reduced or
9         subsidized consumer ticket price.
10             (C) A grant may be used to guarantee a profit goal
11         established by the air carrier and airport.
12         (4) During the first year of a grant under this
13     subsection (c), the grant shall pay 80% of the total cost
14     of the guarantee and the airport or unit of local
15     government in which the airport is located shall pay 20% of
16     the total cost of the guarantee. During the second year of
17     a grant under this subsection (c), the grant shall pay 50%
18     of the total cost of the guarantee and the airport or the
19     unit of local government in which the airport is located
20     shall pay 50% of the total cost of the guarantee.
21         (5) The total State funding for a grant under this
22     subsection (c) to a particular airport may not exceed
23     $1,000,000 in any year.
24         (6) An airport that has received a 2-year grant under
25     this subsection (c) may apply for another grant for an
26     additional 2-year period; however, the Department
27     Commission shall, in determining whether to make a grant
28     for an additional 2-year period, give priority to other
29     airports that have not previously received a grant under
30     this subsection (c). The Department Commission shall also
31     give priority in making grants under this subsection (c) to
32     airports at which the Department Commission determines
33     that a 2-year grant may result in the creation of stable
34     and reliable commercial air service without an additional

 

 

09400SB1977ham002 - 30 - LRB094 11537 BDD 58773 a

1     grant.
2     (d) Planning grants. An airport may apply for and receive a
3 planning grant to conduct feasibility studies or business plans
4 designed to study the recruitment, retention, or expansion of
5 an air carrier at the airport. To be eligible for a grant under
6 this subsection (d), the airport must have the potential for
7 initial or expanded air service as the Department Commission
8 determines through its evaluation process. The grant shall pay
9 70% of the total cost of the feasibility studies or business
10 plans and the airport or the unit of local government in which
11 the airport is located shall pay 30% of the total cost of the
12 feasibility studies or business plans. An airport may receive
13 only one planning grant.
14 (Source: P.A. 93-585, eff. 8-22-03.)
 
15     Section 5-37. The Compensation Review Act is amended by
16 changing Section 2 as follows:
 
17     (25 ILCS 120/2)  (from Ch. 63, par. 902)
18     Sec. 2. There is created the Compensation Review Board,
19 hereinafter referred to as the Board, as an independent
20 commission within the legislative branch of State government.
21     The Board shall consist of l2 members, appointed 3 each by
22 the Speaker of the House of Representatives, the Minority
23 Leader thereof, the President of the Senate, and the Minority
24 Leader thereof. Members shall be adults and be residents of
25 Illinois. Members may not be members or employees or former
26 members or employees of the judicial, executive or legislative
27 branches of State government; nor may members be persons
28 registered under the Lobbyist Registration Act. Any member may
29 be reappointed for a consecutive term. The respective
30 appointing legislative leader may remove any such appointed
31 member prior to the expiration of his term on the Board for
32 official misconduct, incompetence or neglect of duty.

 

 

09400SB1977ham002 - 31 - LRB094 11537 BDD 58773 a

1     Members shall serve without compensation but shall receive
2 an allowance for living expenses incurred in the performance of
3 their official duties in an amount per day equal to the amount
4 permitted to be deducted for such expenses by members of the
5 General Assembly under the federal Internal Revenue Code, as
6 now or hereafter amended. The rate for reimbursement of mileage
7 expenses shall be equal to the amount established from time to
8 time for members of the General Assembly.
9     The Board may, without regard to the Personnel Code, employ
10 and fix the compensation or remuneration of employees and
11 contract for personal and professional services as it considers
12 necessary or desirable. The General Assembly shall appropriate
13 to the Commission on Government Forecasting and Accountability
14 the funds necessary to operate the Board, and the Commission
15 shall prepare and submit vouchers on behalf of the Board and
16 provide other fiscal services to the Board as the Board
17 requests and directs; but the Commission shall not exercise any
18 authority or control over the Board or its employees or
19 contractors.
20 (Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
 
21     Section 5-40. The State Finance Act is amended by changing
22 Sections 6p-5, 6z-32, 6z-63, 6z-64, 8.3, 8.16c, 8.43, 8.44,
23 8.55, 8g, 8h, and 13.2 and by adding Sections 5.663 and 8.45 as
24 follows:
 
25     (30 ILCS 105/5.663 new)
26     Sec. 5.663. The Pension Stabilization Fund.
 
27     (30 ILCS 105/6p-5)
28     Sec. 6p-5. Efficiency Initiatives Revolving Fund. Amounts
29 designated by the Director of Central Management Services and
30 approved by the Governor as savings from the efficiency
31 initiatives authorized by Section 405-292 of the Department of

 

 

09400SB1977ham002 - 32 - LRB094 11537 BDD 58773 a

1 Central Management Services Law of the Civil Administrative
2 Code of Illinois shall be paid into the Efficiency Initiatives
3 Revolving Fund. State agencies shall pay these amounts into the
4 Efficiency Initiatives Revolving Fund from the line item
5 appropriations where the cost savings are anticipated to occur.
6 The money in this fund shall be used by the Department for
7 expenses incurred in connection with the efficiency
8 initiatives authorized by Section 405-292 of the Department of
9 Central Management Services Law of the Civil Administrative
10 Code of Illinois or for payment of Facilities Management
11 Revolving Fund billings issued to the Department, as authorized
12 under Section 6z-65. On or before August 31, 2004, and each
13 August 31 thereafter, the Department of Central Management
14 Services shall transfer excess balances in the Efficiency
15 Initiatives Revolving Fund to the General Revenue Fund. As used
16 in this Section, "excess balances" means amounts in excess of
17 the amount necessary to fund current and anticipated efficiency
18 initiatives.
19 (Source: P.A. 93-25, eff. 6-20-03.)
 
20     (30 ILCS 105/6z-32)
21     Sec. 6z-32. Conservation 2000.
22     (a) The Conservation 2000 Fund and the Conservation 2000
23 Projects Fund are created as special funds in the State
24 Treasury. These funds shall be used to establish a
25 comprehensive program to protect Illinois' natural resources
26 through cooperative partnerships between State government and
27 public and private landowners. Moneys in these Funds may be
28 used, subject to appropriation, by the Environmental
29 Protection Agency and the Departments of Agriculture, Natural
30 Resources, and Transportation for purposes relating to natural
31 resource protection, recreation, tourism, and compatible
32 agricultural and economic development activities. Without
33 limiting these general purposes, moneys in these Funds may be

 

 

09400SB1977ham002 - 33 - LRB094 11537 BDD 58773 a

1 used, subject to appropriation, for the following specific
2 purposes:
3         (1) To foster sustainable agriculture practices and
4     control soil erosion and sedimentation, including grants
5     to Soil and Water Conservation Districts for conservation
6     practice cost-share grants and for personnel, educational,
7     and administrative expenses.
8         (2) To establish and protect a system of ecosystems in
9     public and private ownership through conservation
10     easements, incentives to public and private landowners,
11     including technical assistance and grants, and land
12     acquisition provided these mechanisms are all voluntary on
13     the part of the landowner and do not involve the use of
14     eminent domain.
15         (3) To develop a systematic and long-term program to
16     effectively measure and monitor natural resources and
17     ecological conditions through investments in technology
18     and involvement of scientific experts.
19         (4) To initiate strategies to enhance, use, and
20     maintain Illinois' inland lakes through education,
21     technical assistance, research, and financial incentives.
22         (5) To conduct an extensive review of existing Illinois
23     water laws.
24     (b) The State Comptroller and State Treasurer shall
25 automatically transfer on the last day of each month, beginning
26 on September 30, 1995 and ending on June 30, 2009, from the
27 General Revenue Fund to the Conservation 2000 Fund, an amount
28 equal to 1/10 of the amount set forth below in fiscal year 1996
29 and an amount equal to 1/12 of the amount set forth below in
30 each of the other specified fiscal years:
31Fiscal Year Amount
321996$ 3,500,000
331997$ 9,000,000
341998$10,000,000

 

 

09400SB1977ham002 - 34 - LRB094 11537 BDD 58773 a

11999$11,000,000
22000$12,500,000
32001 through 2004$14,000,000
42005 $7,000,000
52006 $11,000,000
62007 $0
72008 2007 through 2009.................. $14,000,000
8     (c) Notwithstanding any other provision of law to the
9 contrary and in addition to any other transfers that may be
10 provided for by law, on the last day of each month beginning on
11 July 31, 2006 and ending on June 30, 2007, or as soon
12 thereafter as may be practical, the State Comptroller shall
13 direct and the State Treasurer shall transfer $1,000,000 from
14 the Open Space Lands Acquisition and Development Fund to the
15 Conservation 2000 Fund.
16     (d) (c) There shall be deposited into the Conservation 2000
17 Projects Fund such bond proceeds and other moneys as may, from
18 time to time, be provided by law.
19 (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
 
20     (30 ILCS 105/6z-63)
21     Sec. 6z-63. The Professional Services Fund.
22     (a) The Professional Services Fund is created as a
23 revolving fund in the State treasury. The following moneys
24 shall be deposited into the Fund:
25         (1) amounts authorized for transfer to the Fund from
26     the General Revenue Fund and other State funds (except for
27     funds classified by the Comptroller as federal trust funds
28     or State trust funds) pursuant to State law or Executive
29     Order;
30         (2) federal funds received by the Department of Central
31     Management Services (the "Department") as a result of
32     expenditures from the Fund;
33         (3) interest earned on moneys in the Fund; and

 

 

09400SB1977ham002 - 35 - LRB094 11537 BDD 58773 a

1         (4) receipts or inter-fund transfers resulting from
2     billings issued by the Department to State agencies for the
3     cost of professional services rendered by the Department
4     that are not compensated through the specific fund
5     transfers authorized by this Section.
6     (b) Moneys in the Fund may be used by the Department for
7 reimbursement or payment for:
8         (1) providing professional services to State agencies
9     or other State entities;
10         (2) rendering other services to State agencies at the
11     Governor's direction or to other State entities upon
12     agreement between the Director of Central Management
13     Services and the appropriate official or governing body of
14     the other State entity; or
15         (3) providing for payment of administrative and other
16     expenses incurred by the Department in providing
17     professional services.
18     (c) State agencies or other State entities may direct the
19 Comptroller to process inter-fund transfers or make payment
20 through the voucher and warrant process to the Professional
21 Services Fund in satisfaction of billings issued under
22 subsection (a) of this Section.
23     (d) Reconciliation. For the fiscal year beginning on July
24 1, 2004 only, the Director of Central Management Services (the
25 "Director") shall order that each State agency's payments and
26 transfers made to the Fund be reconciled with actual Fund costs
27 for professional services provided by the Department on no less
28 than an annual basis. The Director may require reports from
29 State agencies as deemed necessary to perform this
30 reconciliation.
31     (e) The following amounts are authorized for transfer into
32 the Professional Services Fund for the fiscal year beginning
33 July 1, 2004:
34     General Revenue Fund...........................$5,440,431

 

 

09400SB1977ham002 - 36 - LRB094 11537 BDD 58773 a

1     Road Fund........................................$814,468
2     Motor Fuel Tax Fund..............................$263,500
3     Child Support Administrative Fund................$234,013
4     Professions Indirect Cost Fund...................$276,800
5     Capital Development Board Revolving Fund.........$207,610
6     Bank & Trust Company Fund........................$200,214
7     State Lottery Fund...............................$193,691
8     Insurance Producer Administration Fund...........$174,672
9     Insurance Financial Regulation Fund..............$168,327
10     Illinois Clean Water Fund........................$124,675
11     Clean Air Act (CAA) Permit Fund...................$91,803
12     Statistical Services Revolving Fund...............$90,959
13     Financial Institution Fund.......................$109,428
14     Horse Racing Fund.................................$71,127
15     Health Insurance Reserve Fund.....................$66,577
16     Solid Waste Management Fund.......................$61,081
17     Guardianship and Advocacy Fund.....................$1,068
18     Agricultural Premium Fund............................$493
19     Wildlife and Fish Fund...............................$247
20     Radiation Protection Fund.........................$33,277
21     Nuclear Safety Emergency Preparedness Fund........$25,652
22     Tourism Promotion Fund............................$6,814
23     All of these transfers shall be made on July 1, 2004, or as
24 soon thereafter as practical. These transfers shall be made
25 notwithstanding any other provision of State law to the
26 contrary.
27     (e-5) Notwithstanding any other provision of State law to
28 the contrary, on or after July 1, 2005 and through June 30,
29 2006, in addition to any other transfers that may be provided
30 for by law, at the direction of and upon notification from the
31 Director of Central Management Services, the State Comptroller
32 shall direct and the State Treasurer shall transfer amounts
33 into the Professional Services Fund from the designated funds
34 not exceeding the following totals:

 

 

09400SB1977ham002 - 37 - LRB094 11537 BDD 58773 a

1     Food and Drug Safety Fund..........................$3,249
2     Financial Institution Fund........................$12,942
3     General Professions Dedicated Fund.................$8,579
4     Illinois Department of Agriculture
5         Laboratory Services Revolving Fund...........$1,963
6     Illinois Veterans' Rehabilitation Fund............$11,275
7     State Boating Act Fund............................$27,000
8     State Parks Fund..................................$22,007
9     Agricultural Premium Fund.........................$59,483
10     Fire Prevention Fund..............................$29,862
11     Mental Health Fund................................$78,213
12     Illinois State Pharmacy Disciplinary Fund..........$2,744
13     Radiation Protection Fund.........................$16,034
14     Solid Waste Management Fund.......................$37,669
15     Illinois Gaming Law Enforcement Fund...............$7,260
16     Subtitle D Management Fund.........................$4,659
17     Illinois State Medical Disciplinary Fund...........$8,602
18     Department of Children and
19         Family Services Training Fund.................$29,906
20     Facility Licensing Fund............................$1,083
21     Youth Alcoholism and Substance
22         Abuse Prevention Fund..........................$2,783
23     Plugging and Restoration Fund......................$1,105
24     State Crime Laboratory Fund........................$1,353
25     Motor Vehicle Theft Prevention Trust Fund..........$9,190
26     Weights and Measures Fund..........................$4,932
27     Solid Waste Management Revolving
28         Loan Fund......................................$2,735
29     Illinois School Asbestos Abatement Fund............$2,166
30     Violence Prevention Fund...........................$5,176
31     Capital Development Board Revolving Fund..........$14,777
32     DCFS Children's Services Fund..................$1,256,594
33     State Police DUI Fund..............................$1,434
34     Illinois Health Facilities Planning Fund...........$3,191

 

 

09400SB1977ham002 - 38 - LRB094 11537 BDD 58773 a

1     Emergency Public Health Fund.......................$7,996
2     Fair and Exposition Fund...........................$3,732
3     Nursing Dedicated and Professional Fund............$5,792
4     Optometric Licensing and Disciplinary Board Fund...$1,032
5     Underground Resources Conservation Enforcement Fund.$1,221
6     State Rail Freight Loan Repayment Fund.............$6,434
7     Drunk and Drugged Driving Prevention Fund..........$5,473
8     Illinois Affordable Housing Trust Fund...........$118,222
9     Community Water Supply Laboratory Fund............$10,021
10     Used Tire Management Fund.........................$17,524
11     Natural Areas Acquisition Fund....................$15,501
12     Open Space Lands Acquisition
13         and Development Fund..........................$49,105
14     Working Capital Revolving Fund...................$126,344
15     State Garage Revolving Fund.......................$92,513
16     Statistical Services Revolving Fund..............$181,949
17     Paper and Printing Revolving Fund..................$3,632
18     Air Transportation Revolving Fund..................$1,969
19     Communications Revolving Fund....................$304,278
20     Environmental Laboratory Certification Fund........$1,357
21     Public Health Laboratory Services Revolving Fund...$5,892
22     Provider Inquiry Trust Fund........................$1,742
23     Lead Poisoning Screening,
24         Prevention, and Abatement Fund.................$8,200
25     Drug Treatment Fund...............................$14,028
26     Feed Control Fund..................................$2,472
27     Plumbing Licensure and Program Fund................$3,521
28     Insurance Premium Tax Refund Fund..................$7,872
29     Tax Compliance and Administration Fund.............$5,416
30     Appraisal Administration Fund......................$2,924
31     Trauma Center Fund................................$40,139
32     Alternate Fuels Fund...............................$1,467
33     Illinois State Fair Fund..........................$13,844
34     State Asset Forfeiture Fund........................$8,210

 

 

09400SB1977ham002 - 39 - LRB094 11537 BDD 58773 a

1     Federal Asset Forfeiture Fund......................$6,471
2     Department of Corrections Reimbursement
3         and Education Fund............................$78,965
4     Health Facility Plan Review Fund...................$3,444
5     LEADS Maintenance Fund.............................$6,075
6     State Offender DNA Identification
7         System Fund....................................$1,712
8     Illinois Historic Sites Fund.......................$4,511
9     Public Pension Regulation Fund.....................$2,313
10     Workforce, Technology, and Economic
11         Development Fund...............................$5,357
12     Renewable Energy Resources Trust Fund.............$29,920
13     Energy Efficiency Trust Fund.......................$8,368
14     Pesticide Control Fund.............................$6,687
15     Conservation 2000 Fund............................$30,764
16     Wireless Carrier Reimbursement Fund...............$91,024
17     International Tourism Fund........................$13,057
18     Public Transportation Fund.......................$701,837
19     Horse Racing Fund.................................$18,589
20     Death Certificate Surcharge Fund...................$1,901
21     State Police Wireless Service
22         Emergency Fund.................................$1,012
23     Downstate Public Transportation Fund.............$112,085
24     Motor Carrier Safety Inspection Fund...............$6,543
25     State Police Whistleblower Reward
26         and Protection Fund............................$1,894
27     Illinois Standardbred Breeders Fund................$4,412
28     Illinois Thoroughbred Breeders Fund................$6,635
29     Illinois Clean Water Fund.........................$17,579
30     Independent Academic Medical Center Fund...........$5,611
31     Child Support Administrative Fund................$432,527
32     Corporate Headquarters Relocation
33         Assistance Fund................................$4,047
34     Local Initiative Fund.............................$58,762

 

 

09400SB1977ham002 - 40 - LRB094 11537 BDD 58773 a

1     Tourism Promotion Fund............................$88,072
2     Digital Divide Elimination Fund...................$11,593
3     Presidential Library and Museum Operating Fund.....$4,624
4     Metro-East Public Transportation Fund.............$47,787
5     Medical Special Purposes Trust Fund...............$11,779
6     Dram Shop Fund....................................$11,317
7     Illinois State Dental Disciplinary Fund............$1,986
8     Hazardous Waste Research Fund......................$1,333
9     Real Estate License Administration Fund...........$10,886
10     Traffic and Criminal Conviction
11         Surcharge Fund................................$44,798
12     Criminal Justice Information
13         Systems Trust Fund.............................$5,693
14     Design Professionals Administration
15         and Investigation Fund.........................$2,036
16     State Surplus Property Revolving Fund..............$6,829
17     Illinois Forestry Development Fund.................$7,012
18     State Police Services Fund........................$47,072
19     Youth Drug Abuse Prevention Fund...................$1,299
20     Metabolic Screening and Treatment Fund............$15,947
21     Insurance Producer Administration Fund............$30,870
22     Coal Technology Development Assistance Fund.......$43,692
23     Rail Freight Loan Repayment Fund...................$1,016
24     Low-Level Radioactive Waste
25         Facility Development and Operation Fund......$1,989
26     Environmental Protection Permit and Inspection Fund.$32,125
27     Park and Conservation Fund........................$41,038
28     Local Tourism Fund................................$34,492
29     Illinois Capital Revolving Loan Fund..............$10,624
30     Illinois Equity Fund...............................$1,929
31     Large Business Attraction Fund.....................$5,554
32     Illinois Beach Marina Fund.........................$5,053
33     International and Promotional Fund.................$1,466
34     Public Infrastructure Construction

 

 

09400SB1977ham002 - 41 - LRB094 11537 BDD 58773 a

1         Loan Revolving Fund............................$3,111
2     Insurance Financial Regulation Fund...............$42,575
3     Total                                         $4,975,487
4     (e-7) Notwithstanding any other provision of State law to
5 the contrary, on or after July 1, 2006 and through June 30,
6 2007, in addition to any other transfers that may be provided
7 for by law, at the direction of and upon notification from the
8 Director of Central Management Services, the State Comptroller
9 shall direct and the State Treasurer shall transfer amounts
10 into the Professional Services Fund from the designated funds
11 not exceeding the following totals:
12     Food and Drug Safety Fund..........................$3,300
13     Financial Institution Fund........................$13,000
14     General Professions Dedicated Fund.................$8,600
15     Illinois Department of Agriculture
16         Laboratory Services Revolving Fund.............$2,000
17     Illinois Veterans' Rehabilitation Fund............$11,300
18     State Boating Act Fund............................$27,200
19     State Parks Fund..................................$22,100
20     Agricultural Premium Fund.........................$59,800
21     Fire Prevention Fund..............................$30,000
22     Mental Health Fund................................$78,700
23     Illinois State Pharmacy Disciplinary Fund..........$2,800
24     Radiation Protection Fund.........................$16,100
25     Solid Waste Management Fund.......................$37,900
26     Illinois Gaming Law Enforcement Fund...............$7,300
27     Subtitle D Management Fund.........................$4,700
28     Illinois State Medical Disciplinary Fund...........$8,700
29     Facility Licensing Fund............................$1,100
30     Youth Alcoholism and
31         Substance Abuse Prevention Fund................$2,800
32     Plugging and Restoration Fund......................$1,100
33     State Crime Laboratory Fund........................$1,400
34     Motor Vehicle Theft Prevention Trust Fund..........$9,200

 

 

09400SB1977ham002 - 42 - LRB094 11537 BDD 58773 a

1     Weights and Measures Fund..........................$5,000
2     Illinois School Asbestos Abatement Fund............$2,200
3     Violence Prevention Fund...........................$5,200
4     Capital Development Board Revolving Fund..........$14,900
5     DCFS Children's Services Fund..................$1,294,000
6     State Police DUI Fund..............................$1,400
7     Illinois Health Facilities Planning Fund...........$3,200
8     Emergency Public Health Fund.......................$8,000
9     Fair and Exposition Fund...........................$3,800
10     Nursing Dedicated and Professional Fund............$5,800
11     Optometric Licensing and Disciplinary Board Fund...$1,000
12     Underground Resources Conservation
13         Enforcement Fund...............................$1,200
14     State Rail Freight Loan Repayment Fund.............$6,500
15     Drunk and Drugged Driving Prevention Fund..........$5,500
16     Illinois Affordable Housing Trust Fund...........$118,900
17     Community Water Supply Laboratory Fund............$10,100
18     Used Tire Management Fund.........................$17,600
19     Natural Areas Acquisition Fund....................$15,600
20     Open Space Lands Acquisition
21         and Development Fund..........................$49,400
22     Working Capital Revolving Fund...................$127,100
23     State Garage Revolving Fund.......................$93,100
24     Statistical Services Revolving Fund..............$183,000
25     Paper and Printing Revolving Fund..................$3,700
26     Air Transportation Revolving Fund..................$2,000
27     Communications Revolving Fund....................$306,100
28     Environmental Laboratory Certification Fund........$1,400
29     Public Health Laboratory Services
30         Revolving Fund.................................$5,900
31     Provider Inquiry Trust Fund........................$1,800
32     Lead Poisoning Screening, Prevention,
33         and Abatement Fund.............................$8,200
34     Drug Treatment Fund...............................$14,100

 

 

09400SB1977ham002 - 43 - LRB094 11537 BDD 58773 a

1     Feed Control Fund..................................$2,500
2     Plumbing Licensure and Program Fund................$3,500
3     Insurance Premium Tax Refund Fund..................$7,900
4     Tax Compliance and Administration Fund.............$5,400
5     Appraisal Administration Fund......................$2,900
6     Trauma Center Fund................................$40,400
7     Alternate Fuels Fund..............................$1,500
8     Illinois State Fair Fund..........................$13,900
9     State Asset Forfeiture Fund........................$8,300
10     Department of Corrections
11         Reimbursement and Education Fund..............$79,400
12     Health Facility Plan Review Fund...................$3,500
13     LEADS Maintenance Fund.............................$6,100
14     State Offender DNA Identification System Fund......$1,700
15     Illinois Historic Sites Fund.......................$4,500
16     Public Pension Regulation Fund.....................$2,300
17     Workforce, Technology, and Economic
18         Development Fund...............................$5,400
19     Renewable Energy Resources Trust Fund.............$30,100
20     Energy Efficiency Trust Fund.......................$8,400
21     Pesticide Control Fund.............................$6,700
22     Conservation 2000 Fund............................$30,900
23     Wireless Carrier Reimbursement Fund...............$91,600
24     International Tourism Fund........................$13,100
25     Public Transportation Fund.......................$705,900
26     Horse Racing Fund.................................$18,700
27     Death Certificate Surcharge Fund...................$1,900
28     State Police Wireless Service Emergency Fund.......$1,000
29     Downstate Public Transportation Fund.............$112,700
30     Motor Carrier Safety Inspection Fund...............$6,600
31     State Police Whistleblower
32         Reward and Protection Fund.....................$1,900
33     Illinois Standardbred Breeders Fund................$4,400
34     Illinois Thoroughbred Breeders Fund................$6,700

 

 

09400SB1977ham002 - 44 - LRB094 11537 BDD 58773 a

1     Illinois Clean Water Fund.........................$17,700
2     Child Support Administrative Fund................$435,100
3     Tourism Promotion Fund............................$88,600
4     Digital Divide Elimination Fund...................$11,700
5     Presidential Library and Museum Operating Fund.....$4,700
6     Metro-East Public Transportation Fund.............$48,100
7     Medical Special Purposes Trust Fund...............$11,800
8     Dram Shop Fund....................................$11,400
9     Illinois State Dental Disciplinary Fund............$2,000
10     Hazardous Waste Research Fund......................$1,300
11     Real Estate License Administration Fund...........$10,900
12     Traffic and Criminal Conviction Surcharge Fund....$45,100
13     Criminal Justice Information Systems Trust Fund....$5,700
14     Design Professionals Administration
15         and Investigation Fund.........................$2,000
16     State Surplus Property Revolving Fund..............$6,900
17     State Police Services Fund........................$47,300
18     Youth Drug Abuse Prevention Fund...................$1,300
19     Metabolic Screening and Treatment Fund............$16,000
20     Insurance Producer Administration Fund............$31,100
21     Coal Technology Development Assistance Fund.......$43,900
22     Low-Level Radioactive Waste Facility
23         Development and Operation Fund.................$2,000
24     Environmental Protection Permit
25         and Inspection Fund...........................$32,300
26     Park and Conservation Fund........................$41,300
27     Local Tourism Fund................................$34,700
28     Illinois Capital Revolving Loan Fund..............$10,700
29     Illinois Equity Fund...............................$1,900
30     Large Business Attraction Fund.....................$5,600
31     Illinois Beach Marina Fund.........................$5,100
32     International and Promotional Fund.................$1,500
33     Public Infrastructure Construction
34         Loan Revolving Fund............................$3,100

 

 

09400SB1977ham002 - 45 - LRB094 11537 BDD 58773 a

1     Insurance Financial Regulation Fund..............$42,800
2     Total                                         $4,918,200
3     (e-10) Notwithstanding any other provision of State law to
4 the contrary and in addition to any other transfers that may be
5 provided for by law, on the first day of each calendar quarter
6 of the fiscal year beginning July 1, 2005, or as soon as may be
7 practical thereafter, the State Comptroller shall direct and
8 the State Treasurer shall transfer from each designated fund
9 into the Professional Services Fund amounts equal to one-fourth
10 of each of the following totals:
11     General Revenue Fund...........................$4,440,000
12     Road Fund......................................$5,324,411
13     Total                                         $9,764,411
14     (e-15) Notwithstanding any other provision of State law to
15 the contrary and in addition to any other transfers that may be
16 provided for by law, the State Comptroller shall direct and the
17 State Treasurer shall transfer from the funds specified into
18 the Professional Services Fund according to the schedule
19 specified herein as follows:
20     General Revenue Fund..........................$4,466,000
21     Road Fund.....................................$5,355,500
22     Total                                         $9,821,500
23     One-fourth of the specified amount shall be transferred on
24 each of July 1 and October 1, 2006, or as soon as may be
25 practical thereafter, and one-half of the specified amount
26 shall be transferred on January 1, 2007, or as soon as may be
27 practical thereafter.
28     (f) The term "professional services" means services
29 rendered on behalf of State agencies and other State entities
30 pursuant to Section 405-293 of the Department of Central
31 Management Services Law of the Civil Administrative Code of
32 Illinois.
33 (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
 

 

 

09400SB1977ham002 - 46 - LRB094 11537 BDD 58773 a

1     (30 ILCS 105/6z-64)
2     Sec. 6z-64. The Workers' Compensation Revolving Fund.
3     (a) The Workers' Compensation Revolving Fund is created as
4 a revolving fund in the State treasury. The following moneys
5 shall be deposited into the Fund:
6         (1) amounts authorized for transfer to the Fund from
7     the General Revenue Fund and other State funds (except for
8     funds classified by the Comptroller as federal trust funds
9     or State trust funds) pursuant to State law or Executive
10     Order;
11         (2) federal funds received by the Department of Central
12     Management Services (the "Department") as a result of
13     expenditures from the Fund;
14         (3) interest earned on moneys in the Fund;
15         (4) receipts or inter-fund transfers resulting from
16     billings issued by the Department to State agencies and
17     universities for the cost of workers' compensation
18     services rendered by the Department that are not
19     compensated through the specific fund transfers authorized
20     by this Section, if any;
21         (5) amounts received from a State agency or university
22     for workers' compensation payments for temporary total
23     disability, as provided in Section 405-105 of the
24     Department of Central Management Services Law of the Civil
25     Administrative Code of Illinois; and
26         (6) amounts recovered through subrogation in workers'
27     compensation and workers' occupational disease cases.
28     (b) Moneys in the Fund may be used by the Department for
29 reimbursement or payment for:
30         (1) providing workers' compensation services to State
31     agencies and State universities; or
32         (2) providing for payment of administrative and other
33     expenses incurred by the Department in providing workers'
34     compensation services.

 

 

09400SB1977ham002 - 47 - LRB094 11537 BDD 58773 a

1     (c) State agencies may direct the Comptroller to process
2 inter-fund transfers or make payment through the voucher and
3 warrant process to the Workers' Compensation Revolving Fund in
4 satisfaction of billings issued under subsection (a) of this
5 Section.
6     (d) Reconciliation. For the fiscal year beginning on July
7 1, 2004 only, the Director of Central Management Services (the
8 "Director") shall order that each State agency's payments and
9 transfers made to the Fund be reconciled with actual Fund costs
10 for workers' compensation services provided by the Department
11 and attributable to the State agency and relevant fund on no
12 less than an annual basis. The Director may require reports
13 from State agencies as deemed necessary to perform this
14 reconciliation.
15     (d-5) Notwithstanding any other provision of State law to
16 the contrary, on or after July 1, 2005 and until June 30, 2006,
17 in addition to any other transfers that may be provided for by
18 law, at the direction of and upon notification of the Director
19 of Central Management Services, the State Comptroller shall
20 direct and the State Treasurer shall transfer amounts into the
21 Workers' Compensation Revolving Fund from the designated funds
22 not exceeding the following totals:
23     Mental Health Fund............................$17,694,000
24     Statistical Services Revolving Fund............$1,252,600
25     Department of Corrections Reimbursement
26         and Education Fund.........................$1,198,600
27     Communications Revolving Fund....................$535,400
28     Child Support Administrative Fund................$441,900
29     Health Insurance Reserve Fund....................$238,900
30     Fire Prevention Fund.............................$234,100
31     Park and Conservation Fund.......................$142,000
32     Motor Fuel Tax Fund..............................$132,800
33     Illinois Workers' Compensation
34         Commission Operations Fund...................$123,900

 

 

09400SB1977ham002 - 48 - LRB094 11537 BDD 58773 a

1     State Boating Act Fund...........................$112,300
2     Public Utility Fund..............................$106,500
3     State Lottery Fund...............................$101,300
4     Traffic and Criminal Conviction
5         Surcharge Fund................................$88,500
6     State Surplus Property Revolving Fund.............$82,700
7     Natural Areas Acquisition Fund....................$65,600
8     Securities Audit and Enforcement Fund.............$65,200
9     Agricultural Premium Fund.........................$63,400
10     Capital Development Fund..........................$57,500
11     State Gaming Fund.................................$54,300
12     Underground Storage Tank Fund.....................$53,700
13     Illinois State Medical Disciplinary Fund..........$53,000
14     Personal Property Tax Replacement Fund............$53,000
15     General Professions Dedicated Fund...............$51,900
16     Total                                        $23,003,100
17     (d-10) Notwithstanding any other provision of State law to
18 the contrary and in addition to any other transfers that may be
19 provided for by law, on the first day of each calendar quarter
20 of the fiscal year beginning July 1, 2005, or as soon as may be
21 practical thereafter, the State Comptroller shall direct and
22 the State Treasurer shall transfer from each designated fund
23 into the Workers' Compensation Revolving Fund amounts equal to
24 one-fourth of each of the following totals:
25     General Revenue Fund......................... $34,000,000
26     Road Fund.................................... $25,987,000
27     Total                                        $59,987,000
28     (d-12) Notwithstanding any other provision of State law to
29 the contrary and in addition to any other transfers that may be
30 provided for by law, on the effective date of this amendatory
31 Act of the 94th General Assembly, or as soon as may be
32 practical thereafter, the State Comptroller shall direct and
33 the State Treasurer shall transfer from each designated fund
34 into the Workers' Compensation Revolving Fund the following

 

 

09400SB1977ham002 - 49 - LRB094 11537 BDD 58773 a

1 amounts:
2     General Revenue Fund..........................$10,000,000
3     Road Fund......................................$5,000,000
4     Total                                       $15,000,000.
5     (d-15) Notwithstanding any other provision of State law to
6 the contrary and in addition to any other transfers that may be
7 provided for by law, on July 1, 2006, or as soon as may be
8 practical thereafter, the State Comptroller shall direct and
9 the State Treasurer shall transfer from each designated fund
10 into the Workers' Compensation Revolving Fund the following
11 amounts:
12     General Revenue Fund.........................$44,028,200
13     Road Fund....................................$28,084,000
14     Total                                        $72,112,200
15     (d-20) Notwithstanding any other provision of State law to
16 the contrary, on or after July 1, 2006 and until June 30, 2007,
17 in addition to any other transfers that may be provided for by
18 law, at the direction of and upon notification of the Director
19 of Central Management Services, the State Comptroller shall
20 direct and the State Treasurer shall transfer amounts into the
21 Workers' Compensation Revolving Fund from the designated funds
22 not exceeding the following totals:
23     Mental Health Fund............................$19,121,800
24     Statistical Services Revolving Fund............$1,353,700
25     Department of Corrections Reimbursement
26         and Education Fund.........................$1,295,300
27     Communications Revolving Fund....................$578,600
28     Child Support Administrative Fund................$477,600
29     Health Insurance Reserve Fund....................$258,200
30     Fire Prevention Fund.............................$253,000
31     Park and Conservation Fund.......................$153,500
32     Motor Fuel Tax Fund..............................$143,500
33     Illinois Workers' Compensation
34         Commission Operations Fund...................$133,900

 

 

09400SB1977ham002 - 50 - LRB094 11537 BDD 58773 a

1     State Boating Act Fund...........................$121,400
2     Public Utility Fund..............................$115,100
3     State Lottery Fund...............................$109,500
4     Traffic and Criminal Conviction Surcharge Fund....$95,700
5     State Surplus Property Revolving Fund.............$89,400
6     Natural Areas Acquisition Fund....................$70,800
7     Securities Audit and Enforcement Fund.............$70,400
8     Agricultural Premium Fund.........................$68,500
9     State Gaming Fund.................................$58,600
10     Underground Storage Tank Fund.....................$58,000
11     Illinois State Medical Disciplinary Fund..........$57,200
12     Personal Property Tax Replacement Fund............$57,200
13     General Professions Dedicated Fund...............$56,100
14     Total                                        $24,797,000
15     (e) The term "workers' compensation services" means
16 services, claims expenses, and related administrative costs
17 incurred in performing the duties under Sections 405-105 and
18 405-411 of the Department of Central Management Services Law of
19 the Civil Administrative Code of Illinois.
20 (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
 
21     (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
22     Sec. 8.3. Money in the Road Fund shall, if and when the
23 State of Illinois incurs any bonded indebtedness for the
24 construction of permanent highways, be set aside and used for
25 the purpose of paying and discharging annually the principal
26 and interest on that bonded indebtedness then due and payable,
27 and for no other purpose. The surplus, if any, in the Road Fund
28 after the payment of principal and interest on that bonded
29 indebtedness then annually due shall be used as follows:
30         first -- to pay the cost of administration of Chapters
31     2 through 10 of the Illinois Vehicle Code, except the cost
32     of administration of Articles I and II of Chapter 3 of that
33     Code; and

 

 

09400SB1977ham002 - 51 - LRB094 11537 BDD 58773 a

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

 

 

09400SB1977ham002 - 52 - LRB094 11537 BDD 58773 a

1 Fund for the administrative expenses of any State agency that
2 are related to motor vehicles or arise from the use of motor
3 vehicles.
4     Beginning with fiscal year 1980 and thereafter, no Road
5 Fund monies shall be appropriated to the following Departments
6 or agencies of State government for administration, grants, or
7 operations; but this limitation is not a restriction upon
8 appropriating for those purposes any Road Fund monies that are
9 eligible 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;
14         3. Department of Central Management Services, except
15     for expenditures incurred for group insurance premiums of
16     appropriate personnel;
17         4. Judicial Systems and Agencies.
18     Beginning with fiscal year 1981 and thereafter, no Road
19 Fund monies shall be appropriated to the following Departments
20 or agencies of State government for administration, grants, or
21 operations; but this limitation is not a restriction upon
22 appropriating for those purposes any Road Fund monies that are
23 eligible for federal reimbursement:
24         1. Department of State Police, except for expenditures
25     with respect to the Division of Operations;
26         2. Department of Transportation, only with respect to
27     Intercity Rail Subsidies and Rail Freight Services.
28     Beginning with fiscal year 1982 and thereafter, no Road
29 Fund monies shall be appropriated to the following Departments
30 or agencies of State government for administration, grants, or
31 operations; but this limitation is not a restriction upon
32 appropriating for those purposes any Road Fund monies that are
33 eligible for federal reimbursement: Department of Central
34 Management Services, except for awards made by the Illinois

 

 

09400SB1977ham002 - 53 - LRB094 11537 BDD 58773 a

1 Workers' Compensation Commission under the terms of the
2 Workers' Compensation Act or Workers' Occupational Diseases
3 Act for injury or death of an employee of the Division of
4 Highways in the Department of Transportation.
5     Beginning with fiscal year 1984 and thereafter, no Road
6 Fund monies shall be appropriated to the following Departments
7 or agencies of State government for administration, grants, or
8 operations; but this limitation is not a restriction upon
9 appropriating for those purposes any Road Fund monies that are
10 eligible for federal reimbursement:
11         1. Department of State Police, except not more than 40%
12     of the funds appropriated for the Division of Operations;
13         2. State Officers.
14     Beginning with fiscal year 1984 and thereafter, no Road
15 Fund monies shall be appropriated to any Department or agency
16 of State government for administration, grants, or operations
17 except as provided hereafter; but this limitation is not a
18 restriction upon appropriating for those purposes any Road Fund
19 monies that are eligible for federal reimbursement. It shall
20 not be lawful to circumvent the above appropriation limitations
21 by governmental reorganization or other methods.
22 Appropriations shall be made from the Road Fund only in
23 accordance with the provisions of this Section.
24     Money in the Road Fund shall, if and when the State of
25 Illinois incurs any bonded indebtedness for the construction of
26 permanent highways, be set aside and used for the purpose of
27 paying and discharging during each fiscal year the principal
28 and interest on that bonded indebtedness as it becomes due and
29 payable as provided in the Transportation Bond Act, and for no
30 other purpose. The surplus, if any, in the Road Fund after the
31 payment of principal and interest on that bonded indebtedness
32 then annually due shall be used as follows:
33         first -- to pay the cost of administration of Chapters
34     2 through 10 of the Illinois Vehicle Code; and

 

 

09400SB1977ham002 - 54 - LRB094 11537 BDD 58773 a

1         secondly -- no Road Fund monies derived from fees,
2     excises, or license taxes relating to registration,
3     operation and use of vehicles on public highways or to
4     fuels used for the propulsion of those vehicles, shall be
5     appropriated or expended other than for costs of
6     administering the laws imposing those fees, excises, and
7     license taxes, statutory refunds and adjustments allowed
8     thereunder, administrative costs of the Department of
9     Transportation, including, but not limited to, the
10     operating expenses of the Department relating to the
11     administration of public transportation programs, payment
12     of debts and liabilities incurred in construction and
13     reconstruction of public highways and bridges, acquisition
14     of rights-of-way for and the cost of construction,
15     reconstruction, maintenance, repair, and operation of
16     public highways and bridges under the direction and
17     supervision of the State, political subdivision, or
18     municipality collecting those monies, and the costs for
19     patrolling and policing the public highways (by State,
20     political subdivision, or municipality collecting that
21     money) for enforcement of traffic laws. The separation of
22     grades of such highways with railroads and costs associated
23     with protection of at-grade highway and railroad crossing
24     shall also be permissible.
25     Appropriations for any of such purposes are payable from
26 the Road Fund or the Grade Crossing Protection Fund as provided
27 in Section 8 of the Motor Fuel Tax Law.
28     Except as provided in this paragraph, beginning with fiscal
29 year 1991 and thereafter, no Road Fund monies shall be
30 appropriated to the Department of State Police for the purposes
31 of this Section in excess of its total fiscal year 1990 Road
32 Fund appropriations for those purposes unless otherwise
33 provided in Section 5g of this Act. For fiscal years 2003,
34 2004, 2005, and 2006, and 2007 only, no Road Fund monies shall

 

 

09400SB1977ham002 - 55 - LRB094 11537 BDD 58773 a

1 be appropriated to the Department of State Police for the
2 purposes of this Section in excess of $97,310,000. It shall not
3 be lawful to circumvent this limitation on appropriations by
4 governmental reorganization or other methods unless otherwise
5 provided in Section 5g of this Act.
6     In fiscal year 1994, no Road Fund monies shall be
7 appropriated to the Secretary of State for the purposes of this
8 Section in excess of the total fiscal year 1991 Road Fund
9 appropriations to the Secretary of State for those purposes,
10 plus $9,800,000. It shall not be lawful to circumvent this
11 limitation on appropriations by governmental reorganization or
12 other method.
13     Beginning with fiscal year 1995 and thereafter, no Road
14 Fund monies shall be appropriated to the Secretary of State for
15 the purposes of this Section in excess of the total fiscal year
16 1994 Road Fund appropriations to the Secretary of State for
17 those purposes. It shall not be lawful to circumvent this
18 limitation on appropriations by governmental reorganization or
19 other methods.
20     Beginning with fiscal year 2000, total Road Fund
21 appropriations to the Secretary of State for the purposes of
22 this Section shall not exceed the amounts specified for the
23 following fiscal years:
24        Fiscal Year 2000$80,500,000;
25        Fiscal Year 2001$80,500,000;
26        Fiscal Year 2002$80,500,000;
27        Fiscal Year 2003$130,500,000;
28        Fiscal Year 2004$130,500,000;
29        Fiscal Year 2005$130,500,000;
30        Fiscal Year 2006 $130,500,000;
31        Fiscal Year 2007 $130,500,000;
32        Fiscal Year 2008 2007 and$30,500,000.
33        each year thereafter
34     It shall not be lawful to circumvent this limitation on

 

 

09400SB1977ham002 - 56 - LRB094 11537 BDD 58773 a

1 appropriations by governmental reorganization or other
2 methods.
3     No new program may be initiated in fiscal year 1991 and
4 thereafter that is not consistent with the limitations imposed
5 by this Section for fiscal year 1984 and thereafter, insofar as
6 appropriation of Road Fund monies is concerned.
7     Nothing in this Section prohibits transfers from the Road
8 Fund to the State Construction Account Fund under Section 5e of
9 this Act; nor to the General Revenue Fund, as authorized by
10 this amendatory Act of the 93rd General Assembly.
11     The additional amounts authorized for expenditure in this
12 Section by Public Acts 92-0600, 93-0025, and 93-0839, and 94-91
13 shall be repaid to the Road Fund from the General Revenue Fund
14 in the next succeeding fiscal year that the General Revenue
15 Fund has a positive budgetary balance, as determined by
16 generally accepted accounting principles applicable to
17 government.
18     The additional amounts authorized for expenditure by the
19 Secretary of State and the Department of State Police in this
20 Section by this amendatory Act of the 94th General Assembly and
21 the 93rd General Assembly shall be repaid to the Road Fund from
22 the General Revenue Fund in the next succeeding fiscal year
23 that the General Revenue Fund has a positive budgetary balance,
24 as determined by generally accepted accounting principles
25 applicable to government.
26 (Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839,
27 eff. 7-30-04; 94-91, eff. 7-1-05.)
 
28     (30 ILCS 105/8.16c)
29     Sec. 8.16c. Appropriations related to efficiency
30 initiatives. Appropriations for processing contracted
31 assistance, the purchase of commodities and equipment, the
32 retention of staff, and all other expenses incident to
33 efficiency initiatives authorized by Section 405-292 of the

 

 

09400SB1977ham002 - 57 - LRB094 11537 BDD 58773 a

1 Department of Central Management Services Law of the Civil
2 Administrative Code of Illinois are payable from the Efficiency
3 Initiatives Revolving Fund. Facilities Management Revolving
4 Fund billings issued to the Department of Central Management
5 Services, as authorized by Section 6z-65, are also payable from
6 the Efficiency Initiatives Revolving Fund. Until there are
7 sufficient funds in the Efficiency Initiatives Revolving Fund
8 to carry out the purposes of this amendatory Act of the 93rd
9 General Assembly, the State agencies subject to Section 405-292
10 of the Department of Central Management Services Law of the
11 Civil Administrative Code of Illinois shall, on written
12 approval of the Director of Central Management Services, pay
13 the costs associated with the efficiency initiative authorized
14 by that Section from current appropriations as if those
15 expenses were duly incurred by the respective agencies.
16 (Source: P.A. 93-25, eff. 6-20-03.)
 
17     (30 ILCS 105/8.43)
18     Sec. 8.43. Special fund transfers.
19     (a) In order to maintain the integrity of special funds and
20 improve stability in the General Revenue Fund, the following
21 transfers are authorized from the designated funds into the
22 General Revenue Fund:
23     SECRETARY OF STATE SPECIAL LICENSE
24 PLATE FUND...........................................$856,000
25     SECURITIES INVESTORS EDUCATION FUND ......$3,271,000
26     SECURITIES AUDIT & ENFORCEMENT FUND .....$17,014,000
27     DEPARTMENT OF BUSINESS SERVICES SPECIAL
28 OPERATIONS FUND......................................$524,000
29     SECRETARY OF STATE SPECIAL SERVICES FUND.........$600,000
30     SECRETARY OF STATE DUI ADMINISTRATION FUND ......$582,000
31     FOOD & DRUG SAFETY FUND....................$817,000
32     TRANSPORTATION REGULATORY FUND ................$2,379,000
33     FINANCIAL INSTITUTION FUND...............$2,003,000

 

 

09400SB1977ham002 - 58 - LRB094 11537 BDD 58773 a

1     GENERAL PROFESSIONS DEDICATED FUND...........$497,000
2     DRIVERS EDUCATION FUND ...............$2,967,000
3     STATE BOATING ACT FUND ..............$1,072,000
4     AGRICULTURAL PREMIUM FUND ...................$7,777,000
5     PUBLIC UTILITY FUND ...................$8,202,000
6     RADIATION PROTECTION FUND ....................$750,000
7     SOLID WASTE MANAGEMENT FUND ..........$10,084,000
8     SUBTITLE D MANAGEMENT FUND ....................$3,006,000
9     PLUGGING AND RESTORATION FUND ...... $1,255,000
10     REGISTERED CERTIFIED PUBLIC ACCOUNTANTS
11 ADMINISTRATION AND DISCIPLINARY FUND ..............$819,000
12     WEIGHTS AND MEASURES FUND ............... $1,800,000
13     SOLID WASTE MANAGEMENT REVOLVING LOAN FUND.......$647,000
14     RESPONSE CONTRACTORS INDEMNIFICATION FUND........$107,000
15     CAPITAL DEVELOPMENT BOARD REVOLVING LOAN FUND..$1,229,000
16     PROFESSIONS INDIRECT COST FUND ................$39,000
17     ILLINOIS HEALTH FACILITIES PLANNING FUND ...$2,351,000
18     OPTOMETRIC LICENSING AND DISCIPLINARY
19 BOARD FUND.........................................$1,121,000
20     STATE RAIL FREIGHT LOAN REPAYMENT FUND .$3,500,000
21     ILLINOIS TAX INCREMENT FUND ..............$1,500,000
22     USED TIRE MANAGEMENT FUND ...................$3,278,000
23     AUDIT EXPENSE FUND ......................$1,237,000
24     INSURANCE PREMIUM TAX REFUND FUND .............$2,500,000
25     CORPORATE FRANCHISE TAX REFUND FUND .........$1,650,000
26     TAX COMPLIANCE AND ADMINISTRATION FUND ........$9,513,000
27     APPRAISAL ADMINISTRATION FUND..................$1,107,000
28     STATE ASSET FORFEITURE FUND ........ $1,500,000
29     FEDERAL ASSET FORFEITURE FUND ............$3,943,000
30     DEPARTMENT OF CORRECTIONS REIMBURSEMENT
31 AND EDUCATION FUND................................$14,500,000
32     LEADS MAINTENANCE FUND ...$2,000,000
33     STATE OFFENDER DNA IDENTIFICATION SYSTEM FUND....$250,000
34     WORKFORCE, TECHNOLOGY, AND ECONOMIC

 

 

09400SB1977ham002 - 59 - LRB094 11537 BDD 58773 a

1 DEVELOPMENT FUND ......................$267,819.60 $1,500,000
2     RENEWABLE ENERGY RESOURCES TRUST FUND .$9,510,000
3     ENERGY EFFICIENCY TRUST FUND .........$3,040,000
4     CONSERVATION 2000 FUND ...............$7,439,000
5     HORSE RACING FUND .....................$2,500,000
6     STATE POLICE WIRELESS SERVICE EMERGENCY FUND .$500,000
7     WHISTLEBLOWER REWARD AND PROTECTION FUND .......$750,000
8     TOBACCO SETTLEMENT RECOVERY FUND .............$19,300,000
9     PRESIDENTIAL LIBRARY AND MUSEUM FUND ..$500,000
10     MEDICAL SPECIAL PURPOSES TRUST FUND ......$967,000
11     DRAM SHOP FUND ...............................$1,517,000
12     DESIGN PROFESSIONALS ADMINISTRATION AND
13 INVESTIGATION FUND ............................$1,172,000
14     ILLINOIS FORESTRY DEVELOPMENT FUND .....$1,257,000
15     STATE POLICE SERVICES FUND .....................$250,000
16     METABOLIC SCREENING AND TREATMENT FUND ....$3,435,000
17     INSURANCE PRODUCER ADMINISTRATION FUND .....$12,727,000
18     LOW-LEVEL RADIOACTIVE WASTE FACILITY
19 DEVELOPMENT AND OPERATION FUND ............$2,202,000
20     LOW-LEVEL RADIOACTIVE WASTE FACILITY CLOSURE,
21 POST-CLOSURE CARE AND COMPENSATION FUND ......$6,000,000
22     ENVIRONMENTAL PROTECTION PERMIT AND
23 INSPECTION FUND ...............................$874,000
24     PARK AND CONSERVATION FUND ....................$1,000,000
25     PUBLIC INFRASTRUCTURE CONSTRUCTION LOAN
26 REVOLVING FUND ..................................$1,822,000
27     LOBBYIST REGISTRATION ADMINISTRATION FUND ......$327,000
28     DIVISION OF CORPORATIONS REGISTERED
29 LIMITED LIABILITY PARTNERSHIP FUND ............$356,000
30     WORKING CAPITAL REVOLVING FUND
31 (30 ILCS 105/6)...................................$12,000,000
32     All of these transfers shall be made on the effective date
33 of this amendatory Act of the 93rd General Assembly, or as soon
34 thereafter as practical. These transfers shall be made

 

 

09400SB1977ham002 - 60 - LRB094 11537 BDD 58773 a

1 notwithstanding any other provision of State law to the
2 contrary.
3     (b) On and after the effective date of this amendatory Act
4 of the 93rd General Assembly through June 30, 2005, when any of
5 the funds listed in subsection (a) have insufficient cash from
6 which the State Comptroller may make expenditures properly
7 supported by appropriations from the fund, then the State
8 Treasurer and State Comptroller shall transfer from the General
9 Revenue Fund to the fund only such amount as is immediately
10 necessary to satisfy outstanding expenditure obligations on a
11 timely basis, subject to the provisions of the State Prompt
12 Payment Act. Any amounts transferred from the General Revenue
13 Fund to a fund pursuant to this subsection (b) from time to
14 time shall be re-transferred by the State Comptroller and the
15 State Treasurer from the receiving fund into the General
16 Revenue Fund as soon as and to the extent that deposits are
17 made into or receipts are collected by the receiving fund. In
18 all events, the full amounts of all transfers from the General
19 Revenue Fund to receiving funds shall be re-transferred to the
20 General Revenue Fund no later than June 30, 2005.
21     (c) The sum of $57,700,000 shall be transferred, pursuant
22 to appropriation, from the State Pensions Fund to the
23 designated retirement systems (as defined in Section 8.12 of
24 the State Finance Act) on the effective date of this amendatory
25 Act of the 93rd General Assembly, or as soon thereafter as
26 practical. On April 16, 2005, or as soon thereafter as
27 practical, there shall be transferred, pursuant to
28 appropriation, from the State Pensions Fund to the designated
29 retirement systems (as defined in Section 8.12 of the State
30 Finance Act) the lesser of (i) an amount equal to the balance
31 in the State Pensions Fund on April 16, 2005, minus an amount
32 equal to 75% of the total amount of fiscal year 2005
33 appropriations from the State Pensions Fund that were
34 appropriated to the State Treasurer for administration of the

 

 

09400SB1977ham002 - 61 - LRB094 11537 BDD 58773 a

1 Uniform Disposition of Unclaimed Property Act or (ii)
2 $35,000,000. These transfers are intended to be all or part of
3 the transfer required under Section 8.12 of the State Finance
4 Act for fiscal year 2005.
5     (d) The sum of $49,775,000 shall be transferred from the
6 School Technology Revolving Loan Fund to the Common School Fund
7 on the effective date of this amendatory Act of the 93rd
8 General Assembly, or as soon thereafter as practical,
9 notwithstanding any other provision of State law to the
10 contrary.
11     (e) The sum of $80,000,000 shall be transferred from the
12 General Revenue Fund to the State Pensions Fund on the
13 effective date of this amendatory Act of the 93rd General
14 Assembly, or as soon thereafter as practical.
15 (Source: P.A. 93-839, eff. 7-30-04.)
 
16     (30 ILCS 105/8.44)
17     Sec. 8.44. Special fund transfers.
18     (a) In order to maintain the integrity of special funds and
19 improve stability in the General Revenue Fund, the following
20 transfers are authorized from the designated funds into the
21 General Revenue Fund:
22 Aeronautics Fund......................................$2,186
23 Aggregate Operations Regulatory Fund.................$32,750
24 Agrichemical Incident Response Trust Fund...........$419,830
25 Agricultural Master Fund.............................$17,827
26 Air Transportation Revolving Fund...................$181,478
27 Airport Land Loan Revolving Fund..................$1,669,970
28 Alternate Fuels Fund..............................$1,056,833
29 Alternative Compliance Market Account Fund...........$53,120
30 Appraisal Administration Fund.......................$250,000
31 Armory Rental Fund..................................$111,538
32 Assisted Living and Shared Housing Regulatory Fund...$24,493
33 Bank and Trust Company Fund.......................$3,800,000

 

 

09400SB1977ham002 - 62 - LRB094 11537 BDD 58773 a

1 Capital Development Board Revolving Fund............$453,054
2 Care Provider Fund for Persons
3 with a Developmental Disability...................$2,378,270
4 Charter Schools Revolving Loan Fund.................$650,721
5 Child Support Administrative Fund.................$1,117,266
6 Coal Mining Regulatory Fund.........................$127,583
7 Communications Revolving Fund....................$12,999,839
8 Community Health Center Care Fund...................$104,480
9 Community Water Supply Laboratory Fund..............$716,232
10 Continuing Legal Education Trust Fund................$23,419
11 Corporate Franchise Tax Refund Fund.................$500,000
12 Court of Claims Administration and Grant Fund........$24,949
13 Criminal Justice Information Projects Fund...........$18,212
14 DCFS Special Purposes Trust Fund.....................$77,835
15 Death Certificate Surcharge Fund..................$1,134,341
16 Department of Business Services
17 Special Operations Fund...........................$2,000,000
18 Department of Children and Family Services
19 Training Fund.....................................$1,408,106
20 Department of Corrections
21 Reimbursement and Education Fund..................$2,208,323
22 Department of Insurance State Trust Fund.............$18,009
23 Department of Labor Special State Trust Fund........$359,895
24 Department on Aging State Projects Fund..............$10,059
25 Design Professionals Administration
26 and Investigation Fund...............................$51,701
27 DHS Recoveries Trust Fund.........................$1,591,834
28 DHS State Projects Fund..............................$89,917
29 Division of Corporations
30 Registered Limited Liability Partnership Fund.......$150,000
31 DNR Special Projects Fund...........................$301,649
32 Dram Shop Fund......................................$110,554
33 Drivers Education Fund...............................$30,152
34 Drug Rebate Fund.................................$17,315,821

 

 

09400SB1977ham002 - 63 - LRB094 11537 BDD 58773 a

1 Drug Traffic Prevention Fund.........................$22,123
2 Drug Treatment Fund.................................$160,030
3 Drunk and Drugged Driving Prevention Fund............$51,220
4 Drycleaner Environmental Response Trust Fund......$1,137,971
5 DuQuoin State Fair Harness Racing Trust Fund..........$3,368
6 Early Intervention Services Revolving Fund........$1,044,935
7 Economic Research and Information Fund...............$49,005
8 Educational Labor Relations Board
9 Fair Share Trust Fund................................$40,933
10 Efficiency Initiatives Revolving Fund.............$6,178,298
11 Emergency Planning and Training Fund.................$28,845
12 Emergency Public Health Fund........................$139,997
13 Emergency Response Reimbursement Fund................$15,873
14 EMS Assistance Fund..................................$40,923
15 Energy Assistance Contribution Fund..................$89,692
16 Energy Efficiency Trust Fund......................$1,300,938
17 Environmental Laboratory Certification Fund..........$62,039
18 Environmental Protection Permit and Inspection Fund.$180,571
19 Environmental Protection Trust Fund...............$2,228,031
20 EPA Court Trust Fund................................$338,646
21 EPA Special State Projects Trust Fund...............$284,263
22 Explosives Regulatory Fund...........................$23,125
23 Facilities Management Revolving Fund..............$4,803,971
24 Facility Licensing Fund..............................$22,958
25 Family Care Fund.....................................$22,585
26 Federal Asset Forfeiture Fund.........................$1,871
27 Feed Control Fund...................................$478,234
28 Fertilizer Control Fund.............................$207,398
29 Financial Institution Fund........................$2,448,690
30 Firearm Owner's Notification Fund.....................$3,960
31 Food and Drug Safety Fund...........................$421,401
32 General Professions Dedicated Fund................$3,975,808
33 Good Samaritan Energy Trust Fund......................$7,191
34 Governor's Grant Fund.................................$1,592

 

 

09400SB1977ham002 - 64 - LRB094 11537 BDD 58773 a

1 Group Workers' Compensation Pool Insolvency Fund....$136,547
2 Guardianship and Advocacy Fund.......................$27,289
3 Hazardous Waste Occupational Licensing Fund..........$14,939
4 Hazardous Waste Research Fund.......................$125,209
5 Health Facility Plan Review Fund....................$165,972
6 Hearing Instrument Dispenser
7 Examining and Disciplinary Fund.....................$102,842
8 Home Inspector Administration Fund..................$244,503
9 IEMA State Projects Fund.................................$13
10 Illinois Beach Marina Fund..........................$177,801
11 Illinois Capital Revolving Loan Fund..............$4,024,106
12 Illinois Clean Water Fund.........................$1,835,796
13 Illinois Community College Board
14 Contracts and Grants Fund.................................$9
15 Illinois Department of Agriculture
16 Laboratory Services Revolving Fund..................$174,795
17 Illinois Equity Fund................................$119,193
18 Illinois Executive Mansion Trust Fund................$56,154
19 Illinois Forestry Development Fund................$1,389,096
20 Illinois Future Teacher Corps Scholarship Fund........$4,836
21 Illinois Gaming Law Enforcement Fund................$650,646
22 Illinois Habitat Endowment Trust Fund.............$3,641,262
23 Illinois Health Facilities Planning Fund.............$23,066
24 Illinois Historic Sites Fund........................$134,366
25 Illinois National Guard Armory Construction Fund.....$31,469
26 Illinois Rural Rehabilitation Fund....................$8,190
27 Illinois School Asbestos Abatement Fund.............$183,191
28 Illinois State Fair Fund.............................$50,176
29 Illinois State Podiatric Disciplinary Fund..........$317,239
30 Illinois Student Assistance Commission
31 Contracts and Grants Fund.............................$5,589
32 Illinois Tourism Tax Fund...........................$647,749
33 Illinois Underground Utility Facilities
34 Damage Prevention Fund................................$2,175

 

 

09400SB1977ham002 - 65 - LRB094 11537 BDD 58773 a

1 Illinois Veterans' Rehabilitation Fund..............$218,940
2 Industrial Hygiene Regulatory and Enforcement Fund....$3,564
3 Innovations in Long-Term Care
4 Quality Demonstration Grants Fund...................$565,494
5 Insurance Financial Regulation Fund.................$800,000
6 ISAC Accounts Receivable Fund........................$26,374
7 ISBE GED Testing Fund...............................$146,196
8 ISBE Teacher Certificate Institute Fund.............$122,117
9 J.J. Wolf Memorial for Conservation Investigation Fund.$8,137
10 Kaskaskia Commons Permanent Fund.....................$79,813
11 Land Reclamation Fund................................$30,582
12 Large Business Attraction Fund......................$340,777
13 Lawyers' Assistance Program Fund....................$198,207
14 LEADS Maintenance Fund...............................$76,981
15 Lieutenant Governor's Grant Fund........................$188
16 Livestock Management Facilities Fund.................$47,800
17 Local Initiative Fund.............................$1,940,646
18 Local Tourism Fund..................................$132,876
19 Long Term Care Monitor/Receiver Fund................$427,850
20 Monetary Award Program Reserve Fund.................$879,700
21 McCormick Place Expansion Project Fund....................$0
22 Medicaid Buy-In Program Revolving Fund..............$318,894
23 Medicaid Fraud and Abuse Prevention Fund.............$60,306
24 Medical Special Purposes Trust Fund.................$930,668
25 Military Affairs Trust Fund..........................$68,468
26 Motor Carrier Safety Inspection Fund................$147,477
27 Motor Fuel and Petroleum Standards Fund..............$19,673
28 Motor Vehicle Review Board Fund.....................$250,000
29 Motor Vehicle Theft Prevention Trust Fund.........$1,415,361
30 Narcotics Profit Forfeiture Fund.....................$39,379
31 Natural Heritage Endowment Trust Fund...............$557,264
32 Natural Heritage Fund.................................$3,336
33 Natural Resources Information Fund...................$64,596
34 Natural Resources Restoration Trust Fund.............$63,002

 

 

09400SB1977ham002 - 66 - LRB094 11537 BDD 58773 a

1 Off-Highway Vehicle Trails Fund.....................$244,815
2 Oil Spill Response Fund.............................$167,547
3 Paper and Printing Revolving Fund....................$48,476
4 Park and Conservation Fund........................$3,050,154
5 Pawnbroker Regulation Fund...........................$94,131
6 Pesticide Control Fund..............................$420,223
7 Petroleum Resources Revolving Fund...................$85,540
8 Police Training Board Services Fund...................$1,540
9 Pollution Control Board Fund.........................$23,004
10 Pollution Control Board Trust Fund..................$410,651
11 Post Transplant Maintenance and Retention Fund.......$75,100
12 Presidential Library and Museum Operating Fund......$727,250
13 Professional Regulation Evidence Fund.................$2,817
14 Professional Services Fund...........................$46,222
15 Provider Inquiry Trust Fund.........................$207,098
16 Public Aid Recoveries Trust Fund..................$7,610,631
17 Public Health Laboratory Services Revolving Fund.....$92,276
18 Public Health Special State Projects Fund...........$816,202
19 Public Health Water Permit Fund......................$17,624
20 Public Infrastructure Construction
21 Loan Revolving Fund..................................$63,802
22 Public Pension Regulation Fund......................$222,433
23 Racing Board Fingerprint License Fund................$16,835
24 Radiation Protection Fund...........................$212,010
25 Real Estate License Administration Fund...........$1,500,000
26 Regulatory Evaluation and Basic Enforcement Fund.....$64,221
27 Regulatory Fund......................................$55,246
28 Renewable Energy Resources Trust Fund................$14,033
29 Response Contractors Indemnification Fund...............$126
30 Rural/Downstate Health Access Fund....................$4,644
31 Savings and Residential Finance Regulatory Fund...$5,200,000
32 School District Emergency Financial Assistance Fund.$2,130,848
33 School Technology Revolving Loan Fund................$19,158
34 Second Injury Fund..................................$151,493

 

 

09400SB1977ham002 - 67 - LRB094 11537 BDD 58773 a

1 Secretary of State Interagency Grant Fund............$40,900
2 Secretary of State Special License Plate Fund.......$520,200
3 Secretary of State Special Services Fund..........$2,500,000
4 Securities Audit and Enforcement Fund.............$3,400,000
5 Securities Investors Education Fund.................$100,000
6 Self-Insurers Administration Fund...................$286,964
7 Sex Offender Registration Fund........................$7,647
8 Sexual Assault Services Fund.........................$12,210
9 Small Business Environmental Assistance Fund.........$13,686
10 Snowmobile Trail Establishment Fund...................$3,124
11 Solid Waste Management Fund.......................$6,587,173
12 Sports Facilities Tax Trust Fund..................$1,112,590
13 State Appellate Defender Special State Projects Fund.$23,820
14 State Asset Forfeiture Fund..........................$71,988
15 State Boating Act Fund..............................$401,824
16 State College and University Trust Fund.............$139,439
17 State Crime Laboratory Fund..........................$44,965
18 State Fair Promotional Activities Fund................$8,734
19 State Garage Revolving Fund.........................$639,662
20 State Offender DNA Identification System Fund........$81,740
21 State Off-Set Claims Fund.........................$1,487,926
22 State Parks Fund..................................$1,045,889
23 State Police Motor Vehicle Theft Prevention Fund....$164,843
24 State Police Vehicle Fund............................$22,899
25 State Police Whistleblower Reward and Protection Fund.$199,699
26 State Rail Freight Loan Repayment Fund............$1,147,727
27 State Surplus Property Revolving Fund...............$388,284
28 State Whistleblower Reward and Protection Fund........$1,592
29 State's Attorneys Appellate Prosecutor's County Fund.$70,101
30 Statewide Grand Jury Prosecution Fund.................$7,645
31 Statistical Services Revolving Fund...............$4,847,783
32 Subtitle D Management Fund..........................$169,744
33 Tanning Facility Permit Fund.........................$64,571
34 Tax Compliance and Administration Fund..............$429,377

 

 

09400SB1977ham002 - 68 - LRB094 11537 BDD 58773 a

1 Tax Recovery Fund...................................$113,591
2 Teacher Certificate Fee Revolving Fund..............$982,399
3 Toxic Pollution Prevention Fund......................$28,534
4 Underground Resources Conservation Enforcement Fund.$294,251
5 University Grant Fund................................$23,881
6 Used Tire Management Fund.........................$1,918,500
7 Watershed Park Fund..................................$19,786
8 Weights and Measures Fund.........................$1,078,121
9 Workers' Compensation Benefit Trust Fund............$266,574
10 Workers' Compensation Revolving Fund................$520,285
11 Working Capital Revolving Fund....................$1,404,868
12 Youth Alcoholism and Substance Abuse Prevention Fund.$29,995
13 Youth Drug Abuse Prevention Fund.......................$4,091
14     All of these transfers shall be made in equal quarterly
15 installments with the first made on the effective date of this
16 amendatory Act of the 94th General Assembly, or as soon
17 thereafter as practical, and with the remaining transfers to be
18 made on October 1, January 1, and April 1, or as soon
19 thereafter as practical. These transfers shall be made
20 notwithstanding any other provision of State law to the
21 contrary.
22     The Governor may direct the State Comptroller and the State
23 Treasurer to reverse the transfers previously authorized by
24 statute to the General Revenue Fund and retransfer from the
25 General Revenue Fund, if applicable, all or a portion of the
26 transfers made pursuant to this subsection (a) to the following
27 funds:
28         (1) the Drycleaner Environmental Response Trust Fund;
29         (2) the Educational Labor Relations Board Fair Share
30     Trust Fund;
31         (3) the Environmental Protection Trust Fund;
32         (4) the Facilities Management Revolving Fund;
33         (5) the Illinois Forestry Development Fund;
34         (6) the Illinois Habitat Endowment Trust Fund;

 

 

09400SB1977ham002 - 69 - LRB094 11537 BDD 58773 a

1         (7) the Innovations in Long-Term Care Quality
2     Demonstration Grants Fund;
3         (8) the Kaskaskia Commons Permanent Fund;
4         (9) the Land Reclamation Fund;
5         (10) the Lawyers' Assistance Program Fund;
6         (11) the Local Initiative Fund;
7         (12) the Petroleum Resources Revolving Fund;
8         (13) the Sports Facilities Tax Trust Fund;
9         (14) the State Garage Revolving Fund;
10         (15) the State Off-Set Claims Fund; and
11         (16) the DCFS Special Purposes Trust Fund.
12     (b) On and after the effective date of this amendatory Act
13 of the 94th General Assembly through June 30, 2006, when any of
14 the funds listed in subsection (a) have insufficient cash from
15 which the State Comptroller may make expenditures properly
16 supported by appropriations from the fund, then the State
17 Treasurer and State Comptroller shall transfer from the General
18 Revenue Fund to the fund only such amount as is immediately
19 necessary to satisfy outstanding expenditure obligations on a
20 timely basis, subject to the provisions of the State Prompt
21 Payment Act. All or a portion of the Any amounts transferred
22 from the General Revenue Fund to a fund pursuant to this
23 subsection (b) from time to time may shall be re-transferred by
24 the State Comptroller and the State Treasurer from the
25 receiving fund into the General Revenue Fund as soon as and to
26 the extent that deposits are made into or receipts are
27 collected by the receiving fund. In all events, the full
28 amounts of all transfers from the General Revenue Fund to
29 receiving funds shall be re-transferred to the General Revenue
30 Fund no later than June 30, 2006.
31     (c) Notwithstanding any other provision of law, on July 1,
32 2005, or as soon thereafter as may be practical, the State
33 Comptroller and the State Treasurer shall transfer $5,000,000
34 from the Communications Revolving Fund to the Hospital Basic

 

 

09400SB1977ham002 - 70 - LRB094 11537 BDD 58773 a

1 Services Prevention Fund.
2 (Source: P.A. 94-91, eff. 7-1-05.)
 
3     (30 ILCS 105/8.45 new)
4     Sec. 8.45. Special fund transfers.
5     (a) In order to maintain the integrity of special funds and
6 improve stability in the General Revenue Fund, the following
7 transfers are authorized from the designated funds into the
8 General Revenue Fund:
9     Food and Drug Safety Fund.......................$421,000
10     Grade Crossing Prevention Fund................$4,000,000
11     General Professions Dedicated Fund............$5,000,000
12     Economic Research and Information Fund...........$25,000
13     Illinois Department of Agriculture
14         Laboratory Services Revolving Fund..........$100,000
15     Drivers Education Fund..........................$900,000
16     State Parks Fund..............................$1,046,000
17     Illinois State Pharmacy Disciplinary Fund.....$3,000,000
18     Public Utility Fund.............................$440,000
19     Solid Waste Management Fund.....................$200,000
20     Illinois Gaming Law Enforcement Fund............$652,000
21     Subtitle D Management Fund......................$300,000
22     Community Health Center Care Fund...............$100,000
23     School District Emergency Financial
24         Assistance Fund...........................$1,325,000
25     Explosives Regulatory Fund.......................$23,000
26     Aggregate Operations Regulatory Fund.............$33,000
27     Coal Mining Regulatory Fund......................$50,000
28     Registered Certified Public Accountants'
29         Administration and Disciplinary Fund......$1,000,000
30     Agrichemical Incident Response Trust Fund.......$200,000
31     Motor Vehicle Theft Prevention Trust Fund.......$500,000
32     Weights and Measures Fund.......................$600,000
33     Division of Corporations Registered Limited

 

 

09400SB1977ham002 - 71 - LRB094 11537 BDD 58773 a

1         Liability Partnership Fund..................$555,000
2     Local Government Health Insurance
3         Reserve Fund..............................$1,000,000
4     IPTIP Administrative Trust Fund.................$700,000
5     Professions Indirect Cost Fund..................$500,000
6     State Police DUI Fund...........................$150,000
7     Asbestos Abatement Fund.........................$500,000
8     Savings and Residential Finance
9         Regulatory Fund...........................$6,000,000
10     Fair and Exposition Fund........................$200,000
11     State Police Vehicle Fund.......................$144,000
12     Department of Labor Special
13         State Trust Fund............................$162,000
14     Nursing Dedicated and Professional Fund.......$3,000,000
15     Underground Resources Conservation
16         Enforcement Fund............................$100,000
17     Mandatory Arbitration Fund......................$906,000
18     Income Tax Refund Fund.......................$44,000,000
19     Long Term Care Monitor/Receiver Fund............$300,000
20     Community Water Supply Laboratory Fund..........$200,000
21     Used Tire Management Fund.....................$1,000,000
22     Natural Areas Acquisition Fund................$5,000,000
23     State Garage Revolving Fund.....................$691,300
24     Statistical Services Revolving Fund.............$231,600
25     Paper and Printing Revolving Fund.................$9,900
26     Air Transportation Revolving Fund...............$100,000
27     Tax Recovery Fund...............................$150,000
28     Communications Revolving Fund.................$1,076,800
29     Facilities Management Revolving Fund............$111,900
30     Professional Services Fund....................$1,064,800
31     Treasurer's Rental Fee Fund.....................$100,000
32     Workers' Compensation Revolving Fund............$530,800
33     Audit Expense Fund............................$1,800,000
34     Securities Audit and Enforcement Fund...........$695,000

 

 

09400SB1977ham002 - 72 - LRB094 11537 BDD 58773 a

1     Department of Business Services
2         Special Operations Fund...................$7,650,000
3     Innovations in Long-Term Care Quality
4         Demonstration Grants Fund...................$300,000
5     State Treasurer's Bank Services Trust Fund....$5,000,000
6     Corporate Franchise Tax Refund Fund...........$1,400,000
7     Tax Compliance and Administration Fund..........$429,400
8     Appraisal Administration Fund.................$1,000,000
9     Trauma Center Fund............................$5,000,000
10     Public Aid Recoveries Trust Fund..............$8,611,000
11     State Asset Forfeiture Fund.....................$250,000
12     Health Facility Plan Review Fund................$166,000
13     LEADS Maintenance Fund...........................$77,000
14     Illinois Historic Sites Fund....................$134,400
15     Public Pension Regulation Fund...................$50,000
16     Pawnbroker Regulation Fund......................$100,000
17     Charter Schools Revolving Loan Fund...........$1,200,000
18     Attorney General Whistleblower
19         Reward and Protection Fund................$1,000,000
20     Wireless Carrier Reimbursement Fund...........$8,000,000
21     International Tourism Fund....................$3,000,000
22     Real Estate Recovery Fund.......................$200,000
23     Death Certificate Surcharge Fund..............$1,000,000
24     Auction Recovery Fund............................$50,000
25     Motor Carrier Safety Inspection Fund............$150,000
26     State Police Whistleblower Reward
27         and Protection Fund.........................$750,000
28     Post Transplant Maintenance and Retention Fund...$75,000
29     Tobacco Settlement Recovery Fund.............$19,900,000
30     Medicaid Buy-In Program Revolving Fund..........$319,000
31     Home Inspector Administration Fund..............$200,000
32     Tourism Promotion Fund........................$4,000,000
33     Lawyers' Assistance Program Fund.................$67,200
34     Presidential Library and Museum

 

 

09400SB1977ham002 - 73 - LRB094 11537 BDD 58773 a

1         Operating Fund..............................$750,000
2     Dram Shop Fund..................................$112,000
3     Illinois State Dental Disciplinary Fund.........$250,000
4     Real Estate License Administration Fund.......$5,000,000
5     Traffic and Criminal Conviction Surcharge Fund..$250,000
6     Design Professionals Administration
7         and Investigation Fund......................$100,000
8     State Surplus Property Revolving Fund.............$6,300
9     State Police Services Fund......................$200,000
10     Health Insurance Reserve Fund................$21,000,000
11     DHS Recoveries Trust Fund.....................$3,591,800
12     Insurance Producer Administration Fund........$2,000,000
13     State Treasurer Court Ordered Escrow Fund.......$250,000
14     Environmental Protection Permit and
15         Inspection Fund.............................$181,000
16     Illinois State Podiatric Disciplinary Fund......$250,000
17     Illinois Beach Marina Fund......................$100,000
18     International and Promotional Fund...............$70,000
19     Insurance Financial Regulation Fund...........$5,000,000
20     TOTAL                                       $200,084,200
21 All of these transfers shall be made in equal quarterly
22 installments with the first made on July 1, 2006, or as soon
23 thereafter as practical, and with the remaining transfers to be
24 made on October 1, January 1, and April 1, or as soon
25 thereafter as practical. These transfers shall be made
26 notwithstanding any other provision of State law to the
27 contrary.
28     (b) On and after the effective date of this amendatory Act
29 of the 94th General Assembly through June 30, 2007, when any of
30 the funds listed in subsection (a) have insufficient cash from
31 which the State Comptroller may make expenditures properly
32 supported by appropriations from the fund, then the State
33 Treasurer and State Comptroller shall transfer from the General
34 Revenue Fund to the fund only such amount as is immediately

 

 

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1 necessary to satisfy outstanding expenditure obligations on a
2 timely basis, subject to the provisions of the State Prompt
3 Payment Act. All or a portion of the amounts transferred from
4 the General Revenue Fund to a fund pursuant to this subsection
5 (b) from time to time may be re-transferred by the State
6 Comptroller and the State Treasurer from the receiving fund
7 into the General Revenue Fund as soon as and to the extent that
8 deposits are made into or receipts are collected by the
9 receiving fund.
 
10     (30 ILCS 105/8.55)
11     Sec. 8.55. Interfund transfers. On or after July 1, 2004
12 and until June 30, 2005 2006, in addition to any other
13 transfers that may be provided for by law, at the direction of
14 and upon notification from the Director of Healthcare and
15 Family Services (formerly Director of Public Aid), the State
16 Comptroller shall direct and the State Treasurer shall transfer
17 amounts into the General Revenue Fund from the designated funds
18 not exceeding the following totals:
19     Hospital Provider Fund........................$36,000,000
20     Health and Human Services Medicaid Trust Fund.$124,000,000.
21     Transfers of moneys under this Section may not exceed a
22 total of $80,000,000 in any State fiscal year.
23 (Source: P.A. 93-841, eff. 7-30-04; revised 12-15-05.)
 
24     (30 ILCS 105/8g)
25     Sec. 8g. Fund transfers.
26     (a) In addition to any other transfers that may be provided
27 for by law, as soon as may be practical after the effective
28 date of this amendatory Act of the 91st General Assembly, the
29 State Comptroller shall direct and the State Treasurer shall
30 transfer the sum of $10,000,000 from the General Revenue Fund
31 to the Motor Vehicle License Plate Fund created by Senate Bill
32 1028 of the 91st General Assembly.

 

 

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1     (b) In addition to any other transfers that may be provided
2 for by law, as soon as may be practical after the effective
3 date of this amendatory Act of the 91st General Assembly, the
4 State Comptroller shall direct and the State Treasurer shall
5 transfer the sum of $25,000,000 from the General Revenue Fund
6 to the Fund for Illinois' Future created by Senate Bill 1066 of
7 the 91st General Assembly.
8     (c) In addition to any other transfers that may be provided
9 for by law, on August 30 of each fiscal year's license period,
10 the Illinois Liquor Control Commission shall direct and the
11 State Comptroller and State Treasurer shall transfer from the
12 General Revenue Fund to the Youth Alcoholism and Substance
13 Abuse Prevention Fund an amount equal to the number of retail
14 liquor licenses issued for that fiscal year multiplied by $50.
15     (d) The payments to programs required under subsection (d)
16 of Section 28.1 of the Horse Racing Act of 1975 shall be made,
17 pursuant to appropriation, from the special funds referred to
18 in the statutes cited in that subsection, rather than directly
19 from the General Revenue Fund.
20     Beginning January 1, 2000, on the first day of each month,
21 or as soon as may be practical thereafter, the State
22 Comptroller shall direct and the State Treasurer shall transfer
23 from the General Revenue Fund to each of the special funds from
24 which payments are to be made under Section 28.1(d) of the
25 Horse Racing Act of 1975 an amount equal to 1/12 of the annual
26 amount required for those payments from that special fund,
27 which annual amount shall not exceed the annual amount for
28 those payments from that special fund for the calendar year
29 1998. The special funds to which transfers shall be made under
30 this subsection (d) include, but are not necessarily limited
31 to, the Agricultural Premium Fund; the Metropolitan Exposition
32 Auditorium and Office Building Fund; the Fair and Exposition
33 Fund; the Standardbred Breeders Fund; the Thoroughbred
34 Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.

 

 

09400SB1977ham002 - 76 - LRB094 11537 BDD 58773 a

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

 

 

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1 Treasurer shall transfer amounts not exceeding a total of
2 $80,000,000 from the General Revenue Fund to the Tobacco
3 Settlement Recovery Fund. Any amounts so transferred shall be
4 re-transferred by the State Comptroller and the State Treasurer
5 from the Tobacco Settlement Recovery Fund to the General
6 Revenue Fund at the direction of and upon notification from the
7 Governor, but in any event on or before June 30, 2002.
8     (i-1) On or after July 1, 2002 and until May 1, 2003, in
9 addition to any other transfers that may be provided for by
10 law, at the direction of and upon notification from the
11 Governor, the State Comptroller shall direct and the State
12 Treasurer shall transfer amounts not exceeding a total of
13 $80,000,000 from the General Revenue Fund to the Tobacco
14 Settlement Recovery Fund. Any amounts so transferred shall be
15 re-transferred by the State Comptroller and the State Treasurer
16 from the Tobacco Settlement Recovery Fund to the General
17 Revenue Fund at the direction of and upon notification from the
18 Governor, but in any event on or before June 30, 2003.
19     (j) On or after July 1, 2001 and no later than June 30,
20 2002, in addition to any other transfers that may be provided
21 for by law, at the direction of and upon notification from the
22 Governor, the State Comptroller shall direct and the State
23 Treasurer shall transfer amounts not to exceed the following
24 sums into the Statistical Services Revolving Fund:
25    From the General Revenue Fund.................$8,450,000
26    From the Public Utility Fund..................1,700,000
27    From the Transportation Regulatory Fund.......2,650,000
28    From the Title III Social Security and
29     Employment Fund..............................3,700,000
30    From the Professions Indirect Cost Fund.......4,050,000
31    From the Underground Storage Tank Fund........550,000
32    From the Agricultural Premium Fund............750,000
33    From the State Pensions Fund..................200,000
34    From the Road Fund............................2,000,000

 

 

09400SB1977ham002 - 78 - LRB094 11537 BDD 58773 a

1    From the Health Facilities
2     Planning Fund................................1,000,000
3    From the Savings and Residential Finance
4     Regulatory Fund..............................130,800
5    From the Appraisal Administration Fund........28,600
6    From the Pawnbroker Regulation Fund...........3,600
7    From the Auction Regulation
8     Administration Fund..........................35,800
9    From the Bank and Trust Company Fund..........634,800
10    From the Real Estate License
11     Administration Fund..........................313,600
12     (k) In addition to any other transfers that may be provided
13 for by law, as soon as may be practical after the effective
14 date of this amendatory Act of the 92nd General Assembly, the
15 State Comptroller shall direct and the State Treasurer shall
16 transfer the sum of $2,000,000 from the General Revenue Fund to
17 the Teachers Health Insurance Security Fund.
18     (k-1) In addition to any other transfers that may be
19 provided for by law, on July 1, 2002, or as soon as may be
20 practical thereafter, the State Comptroller shall direct and
21 the State Treasurer shall transfer the sum of $2,000,000 from
22 the General Revenue Fund to the Teachers Health Insurance
23 Security Fund.
24     (k-2) In addition to any other transfers that may be
25 provided for by law, on July 1, 2003, or as soon as may be
26 practical thereafter, the State Comptroller shall direct and
27 the State Treasurer shall transfer the sum of $2,000,000 from
28 the General Revenue Fund to the Teachers Health Insurance
29 Security Fund.
30     (k-3) On or after July 1, 2002 and no later than June 30,
31 2003, in addition to any other transfers that may be provided
32 for by law, at the direction of and upon notification from the
33 Governor, the State Comptroller shall direct and the State
34 Treasurer shall transfer amounts not to exceed the following

 

 

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1 sums into the Statistical Services Revolving Fund:
2    Appraisal Administration Fund.................$150,000
3    General Revenue Fund..........................10,440,000
4    Savings and Residential Finance
5        Regulatory Fund...........................200,000
6    State Pensions Fund...........................100,000
7    Bank and Trust Company Fund...................100,000
8    Professions Indirect Cost Fund................3,400,000
9    Public Utility Fund...........................2,081,200
10    Real Estate License Administration Fund.......150,000
11    Title III Social Security and
12        Employment Fund...........................1,000,000
13    Transportation Regulatory Fund................3,052,100
14    Underground Storage Tank Fund.................50,000
15     (l) In addition to any other transfers that may be provided
16 for by law, on July 1, 2002, or as soon as may be practical
17 thereafter, the State Comptroller shall direct and the State
18 Treasurer shall transfer the sum of $3,000,000 from the General
19 Revenue Fund to the Presidential Library and Museum Operating
20 Fund.
21     (m) In addition to any other transfers that may be provided
22 for by law, on July 1, 2002 and on the effective date of this
23 amendatory Act of the 93rd General Assembly, or as soon
24 thereafter as may be practical, the State Comptroller shall
25 direct and the State Treasurer shall transfer the sum of
26 $1,200,000 from the General Revenue Fund to the Violence
27 Prevention Fund.
28     (n) In addition to any other transfers that may be provided
29 for by law, on July 1, 2003, or as soon thereafter as may be
30 practical, the State Comptroller shall direct and the State
31 Treasurer shall transfer the sum of $6,800,000 from the General
32 Revenue Fund to the DHS Recoveries Trust Fund.
33     (o) On or after July 1, 2003, and no later than June 30,
34 2004, in addition to any other transfers that may be provided

 

 

09400SB1977ham002 - 80 - LRB094 11537 BDD 58773 a

1 for by law, at the direction of and upon notification from the
2 Governor, the State Comptroller shall direct and the State
3 Treasurer shall transfer amounts not to exceed the following
4 sums into the Vehicle Inspection Fund:
5    From the Underground Storage Tank Fund .......$35,000,000.
6     (p) On or after July 1, 2003 and until May 1, 2004, in
7 addition to any other transfers that may be provided for by
8 law, at the direction of and upon notification from the
9 Governor, the State Comptroller shall direct and the State
10 Treasurer shall transfer amounts not exceeding a total of
11 $80,000,000 from the General Revenue Fund to the Tobacco
12 Settlement Recovery Fund. Any amounts so transferred shall be
13 re-transferred from the Tobacco Settlement Recovery Fund to the
14 General Revenue Fund at the direction of and upon notification
15 from the Governor, but in any event on or before June 30, 2004.
16     (q) In addition to any other transfers that may be provided
17 for by law, on July 1, 2003, or as soon as may be practical
18 thereafter, the State Comptroller shall direct and the State
19 Treasurer shall transfer the sum of $5,000,000 from the General
20 Revenue Fund to the Illinois Military Family Relief Fund.
21     (r) In addition to any other transfers that may be provided
22 for by law, on July 1, 2003, or as soon as may be practical
23 thereafter, the State Comptroller shall direct and the State
24 Treasurer shall transfer the sum of $1,922,000 from the General
25 Revenue Fund to the Presidential Library and Museum Operating
26 Fund.
27     (s) In addition to any other transfers that may be provided
28 for by law, on or after July 1, 2003, the State Comptroller
29 shall direct and the State Treasurer shall transfer the sum of
30 $4,800,000 from the Statewide Economic Development Fund to the
31 General Revenue Fund.
32     (t) In addition to any other transfers that may be provided
33 for by law, on or after July 1, 2003, the State Comptroller
34 shall direct and the State Treasurer shall transfer the sum of

 

 

09400SB1977ham002 - 81 - LRB094 11537 BDD 58773 a

1 $50,000,000 from the General Revenue Fund to the Budget
2 Stabilization Fund.
3     (u) On or after July 1, 2004 and until May 1, 2005, in
4 addition to any other transfers that may be provided for by
5 law, at the direction of and upon notification from the
6 Governor, the State Comptroller shall direct and the State
7 Treasurer shall transfer amounts not exceeding a total of
8 $80,000,000 from the General Revenue Fund to the Tobacco
9 Settlement Recovery Fund. Any amounts so transferred shall be
10 retransferred by the State Comptroller and the State Treasurer
11 from the Tobacco Settlement Recovery Fund to the General
12 Revenue Fund at the direction of and upon notification from the
13 Governor, but in any event on or before June 30, 2005.
14     (v) In addition to any other transfers that may be provided
15 for by law, on July 1, 2004, or as soon thereafter as may be
16 practical, the State Comptroller shall direct and the State
17 Treasurer shall transfer the sum of $1,200,000 from the General
18 Revenue Fund to the Violence Prevention Fund.
19     (w) In addition to any other transfers that may be provided
20 for by law, on July 1, 2004, or as soon thereafter as may be
21 practical, the State Comptroller shall direct and the State
22 Treasurer shall transfer the sum of $6,445,000 from the General
23 Revenue Fund to the Presidential Library and Museum Operating
24 Fund.
25     (x) In addition to any other transfers that may be provided
26 for by law, on January 15, 2005, or as soon thereafter as may
27 be practical, the State Comptroller shall direct and the State
28 Treasurer shall transfer to the General Revenue Fund the
29 following sums:
30         From the State Crime Laboratory Fund, $200,000;
31         From the State Police Wireless Service Emergency Fund,
32     $200,000;
33         From the State Offender DNA Identification System
34     Fund, $800,000; and

 

 

09400SB1977ham002 - 82 - LRB094 11537 BDD 58773 a

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

 

 

09400SB1977ham002 - 83 - LRB094 11537 BDD 58773 a

1         (20) the Homelessness Prevention Fund;
2         (21) the DCFS Refugee Assistance Fund;
3         (22) the Illinois Century Network Special Purposes
4     Fund; and
5         (23) the Build Illinois Purposes Fund.
6     (z) In addition to any other transfers that may be provided
7 for by law, on July 1, 2005, or as soon as may be practical
8 thereafter, the State Comptroller shall direct and the State
9 Treasurer shall transfer the sum of $1,200,000 from the General
10 Revenue Fund to the Violence Prevention Fund.
11     (aa) In addition to any other transfers that may be
12 provided for by law, on July 1, 2005, or as soon as may be
13 practical thereafter, the State Comptroller shall direct and
14 the State Treasurer shall transfer the sum of $9,000,000 from
15 the General Revenue Fund to the Presidential Library and Museum
16 Operating Fund.
17     (bb) In addition to any other transfers that may be
18 provided for by law, on July 1, 2005, or as soon as may be
19 practical thereafter, the State Comptroller shall direct and
20 the State Treasurer shall transfer the sum of $6,803,600 from
21 the General Revenue Fund to the Securities Audit and
22 Enforcement Fund.
23     (cc) In addition to any other transfers that may be
24 provided for by law, on or after July 1, 2005 and until May 1,
25 2006, at the direction of and upon notification from the
26 Governor, the State Comptroller shall direct and the State
27 Treasurer shall transfer amounts not exceeding a total of
28 $80,000,000 from the General Revenue Fund to the Tobacco
29 Settlement Recovery Fund. Any amounts so transferred shall be
30 re-transferred by the State Comptroller and the State Treasurer
31 from the Tobacco Settlement Recovery Fund to the General
32 Revenue Fund at the direction of and upon notification from the
33 Governor, but in any event on or before June 30, 2006.
34     (dd) (y) In addition to any other transfers that may be

 

 

09400SB1977ham002 - 84 - LRB094 11537 BDD 58773 a

1 provided for by law, on April 1, 2005, or as soon thereafter as
2 may be practical, at the direction of the Director of Public
3 Aid (now Director of Healthcare and Family Services), the State
4 Comptroller shall direct and the State Treasurer shall transfer
5 from the Public Aid Recoveries Trust Fund amounts not to exceed
6 $14,000,000 to the Community Mental Health Medicaid Trust Fund.
7     (ee) Notwithstanding any other provision of law, on July 1,
8 2006, or as soon thereafter as practical, the State Comptroller
9 shall direct and the State Treasurer shall transfer the
10 remaining balance from the Illinois Civic Center Bond Fund to
11 the Illinois Civic Center Bond Retirement and Interest Fund.
12     (ff) In addition to any other transfers that may be
13 provided for by law, on and after July 1, 2006 and until June
14 30, 2007, at the direction of and upon notification from the
15 Director of the Governor's Office of Management and Budget, the
16 State Comptroller shall direct and the State Treasurer shall
17 transfer amounts not exceeding a total of $1,900,000 from the
18 General Revenue Fund to the Illinois Capital Revolving Loan
19 Fund.
20     (gg) In addition to any other transfers that may be
21 provided for by law, on and after July 1, 2006 and until May 1,
22 2007, at the direction of and upon notification from the
23 Governor, the State Comptroller shall direct and the State
24 Treasurer shall transfer amounts not exceeding a total of
25 $80,000,000 from the General Revenue Fund to the Tobacco
26 Settlement Recovery Fund. Any amounts so transferred shall be
27 retransferred by the State Comptroller and the State Treasurer
28 from the Tobacco Settlement Recovery Fund to the General
29 Revenue Fund at the direction of and upon notification from the
30 Governor, but in any event on or before June 30, 2007.
31     (hh) In addition to any other transfers that may be
32 provided for by law, on and after July 1, 2006 and until June
33 30, 2007, at the direction of and upon notification from the
34 Governor, the State Comptroller shall direct and the State

 

 

09400SB1977ham002 - 85 - LRB094 11537 BDD 58773 a

1 Treasurer shall transfer amounts from the Illinois Affordable
2 Housing Trust Fund to the designated funds not exceeding the
3 following amounts:
4     DCFS Children's Services Fund.................$2,200,000
5     Department of Corrections Reimbursement
6         and Education Fund........................$1,500,000
7     Supplemental Low-Income Energy
8         Assistance Fund..............................$75,000
9     (ii) In addition to any other transfers that may be
10 provided for by law, on or before August 31, 2006, the Governor
11 and the State Comptroller may agree to transfer the surplus
12 cash balance from the General Revenue Fund to the Budget
13 Stabilization Fund and the Pension Stabilization Fund in equal
14 proportions. The determination of the amount of the surplus
15 cash balance shall be made by the Governor, with the
16 concurrence of the State Comptroller, after taking into account
17 the June 30, 2006 balances in the general funds and the actual
18 or estimated spending from the general funds during the lapse
19 period. Notwithstanding the foregoing, the maximum amount that
20 may be transferred under this subsection (ii) is $50,000,000.
21     (jj) In addition to any other transfers that may be
22 provided for by law, on July 1, 2006, or as soon thereafter as
23 practical, the State Comptroller shall direct and the State
24 Treasurer shall transfer the sum of $8,250,000 from the General
25 Revenue Fund to the Presidential Library and Museum Operating
26 Fund.
27     (kk) In addition to any other transfers that may be
28 provided for by law, on July 1, 2006, or as soon thereafter as
29 practical, the State Comptroller shall direct and the State
30 Treasurer shall transfer the sum of $1,400,000 from the General
31 Revenue Fund to the Violence Prevention Fund.
32     (ll) In addition to any other transfers that may be
33 provided for by law, on the first day of each calendar quarter
34 of the fiscal year beginning July 1, 2006, or as soon

 

 

09400SB1977ham002 - 86 - LRB094 11537 BDD 58773 a

1 thereafter as practical, the State Comptroller shall direct and
2 the State Treasurer shall transfer from the General Revenue
3 Fund amounts equal to one-fourth of $20,000,000 to the
4 Renewable Energy Resources Trust Fund.
5     (mm) In addition to any other transfers that may be
6 provided for by law, on July 1, 2006, or as soon thereafter as
7 practical, the State Comptroller shall direct and the State
8 Treasurer shall transfer the sum of $1,320,000 from the General
9 Revenue Fund to the I-FLY Fund.
10     (nn) In addition to any other transfers that may be
11 provided for by law, on July 1, 2006, or as soon thereafter as
12 practical, the State Comptroller shall direct and the State
13 Treasurer shall transfer the sum of $3,000,000 from the General
14 Revenue Fund to the African-American HIV/AIDS Response Fund.
15     (oo) In addition to any other transfers that may be
16 provided for by law, on and after July 1, 2006 and until June
17 30, 2007, at the direction of and upon notification from the
18 Governor, the State Comptroller shall direct and the State
19 Treasurer shall transfer amounts identified as net receipts
20 from the sale of all or part of the Illinois Student Assistance
21 Commission loan portfolio from the Student Loan Operating Fund
22 to the General Revenue Fund. The maximum amount that may be
23 transferred pursuant to this Section is $38,800,000. In
24 addition, no transfer may be made pursuant to this Section that
25 would have the effect of reducing the available balance in the
26 Student Loan Operating Fund to an amount less than the amount
27 remaining unexpended and unreserved from the total
28 appropriations from the Fund estimated to be expended for the
29 fiscal year. The State Treasurer and Comptroller shall transfer
30 the amounts designated under this Section as soon as may be
31 practical after receiving the direction to transfer from the
32 Governor.
33 (Source: P.A. 93-32, eff. 6-20-03; 93-648, eff. 1-8-04; 93-839,
34 eff. 7-30-04; 93-1067, eff. 1-15-05; 94-58, eff. 6-17-05;

 

 

09400SB1977ham002 - 87 - LRB094 11537 BDD 58773 a

1 94-91, eff. 7-1-05; revised 12-15-05.)
 
2     (30 ILCS 105/8h)
3     Sec. 8h. Transfers to General Revenue Fund.
4     (a) Except as provided in subsection (b), (c), (d), or (e),
5 notwithstanding any other State law to the contrary, the
6 Governor may, through June 30, 2007, from time to time direct
7 the State Treasurer and Comptroller to transfer a specified sum
8 from any fund held by the State Treasurer to the General
9 Revenue Fund in order to help defray the State's operating
10 costs for the fiscal year. The total transfer under this
11 Section from any fund in any fiscal year shall not exceed the
12 lesser of (i) 8% of the revenues to be deposited into the fund
13 during that fiscal year or (ii) an amount that leaves a
14 remaining fund balance of 25% of the July 1 fund balance of
15 that fiscal year. In fiscal year 2005 only, prior to
16 calculating the July 1, 2004 final balances, the Governor may
17 calculate and direct the State Treasurer with the Comptroller
18 to transfer additional amounts determined by applying the
19 formula authorized in Public Act 93-839 to the funds balances
20 on July 1, 2003. No transfer may be made from a fund under this
21 Section that would have the effect of reducing the available
22 balance in the fund to an amount less than the amount remaining
23 unexpended and unreserved from the total appropriation from
24 that fund estimated to be expended for that fiscal year. This
25 Section does not apply to any funds that are restricted by
26 federal law to a specific use, to any funds in the Motor Fuel
27 Tax Fund, the Intercity Passenger Rail Fund, the Hospital
28 Provider Fund, the Medicaid Provider Relief Fund, the Teacher
29 Health Insurance Security Fund, the Reviewing Court
30 Alternative Dispute Resolution Fund, or the Voters' Guide Fund,
31 the Foreign Language Interpreter Fund, the Lawyers' Assistance
32 Program Fund, the Supreme Court Federal Projects Fund, the
33 Supreme Court Special State Projects Fund, or the Low-Level

 

 

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1 Radioactive Waste Facility Development and Operation Fund, or
2 the Hospital Basic Services Preservation Fund, or to any funds
3 to which subsection (f) of Section 20-40 of the Nursing and
4 Advanced Practice Nursing Act applies. No transfers may be made
5 under this Section from the Pet Population Control Fund.
6 Notwithstanding any other provision of this Section, for fiscal
7 year 2004, the total transfer under this Section from the Road
8 Fund or the State Construction Account Fund shall not exceed
9 the lesser of (i) 5% of the revenues to be deposited into the
10 fund during that fiscal year or (ii) 25% of the beginning
11 balance in the fund. For fiscal year 2005 through fiscal year
12 2007, no amounts may be transferred under this Section from the
13 Road Fund, the State Construction Account Fund, the Criminal
14 Justice Information Systems Trust Fund, the Wireless Service
15 Emergency Fund, or the Mandatory Arbitration Fund.
16     In determining the available balance in a fund, the
17 Governor may include receipts, transfers into the fund, and
18 other resources anticipated to be available in the fund in that
19 fiscal year.
20     The State Treasurer and Comptroller shall transfer the
21 amounts designated under this Section as soon as may be
22 practicable after receiving the direction to transfer from the
23 Governor.
24     (b) This Section does not apply to: (i) the Ticket For The
25 Cure Fund; (ii) or to any fund established under the Community
26 Senior Services and Resources Act; or (iii) (ii) on or after
27 January 1, 2006 (the effective date of Public Act 94-511) this
28 amendatory Act of the 94th General Assembly, the Child Labor
29 and Day and Temporary Labor Enforcement Fund.
30     (c) This Section does not apply to the Demutualization
31 Trust Fund established under the Uniform Disposition of
32 Unclaimed Property Act.
33     (d) (c) This Section does not apply to moneys set aside in
34 the Illinois State Podiatric Disciplinary Fund for podiatric

 

 

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1 scholarships and residency programs under the Podiatric
2 Scholarship and Residency Act.
3     (e) Subsection (a) does not apply to, and no transfer may
4 be made under this Section from, the Pension Stabilization
5 Fund.
6 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
7 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
8 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
9 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
10 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
11 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
12 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
 
13     (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
14     Sec. 13.2. Transfers among line item appropriations.
15     (a) Transfers among line item appropriations from the same
16 treasury fund for the objects specified in this Section may be
17 made in the manner provided in this Section when the balance
18 remaining in one or more such line item appropriations is
19 insufficient for the purpose for which the appropriation was
20 made.
21     (a-1) No transfers may be made from one agency to another
22 agency, nor may transfers be made from one institution of
23 higher education to another institution of higher education.
24     (a-2) Except as otherwise provided in this Section,
25 transfers may be made only among the objects of expenditure
26 enumerated in this Section, except that no funds may be
27 transferred from any appropriation for personal services, from
28 any appropriation for State contributions to the State
29 Employees' Retirement System, from any separate appropriation
30 for employee retirement contributions paid by the employer, nor
31 from any appropriation for State contribution for employee
32 group insurance. During State fiscal year 2005, an agency may
33 transfer amounts among its appropriations within the same

 

 

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1 treasury fund for personal services, employee retirement
2 contributions paid by employer, and State Contributions to
3 retirement systems; notwithstanding and in addition to the
4 transfers authorized in subsection (c) of this Section, the
5 fiscal year 2005 transfers authorized in this sentence may be
6 made in an amount not to exceed 2% of the aggregate amount
7 appropriated to an agency within the same treasury fund. During
8 State fiscal year 2007, the Departments of Children and Family
9 Services, Corrections, Human Services, and Juvenile Justice
10 may transfer amounts among their respective appropriations
11 within the same treasury fund for personal services, employee
12 retirement contributions paid by employer, and State
13 contributions to retirement systems. Notwithstanding, and in
14 addition to, the transfers authorized in subsection (c) of this
15 Section, these transfers may be made in an amount not to exceed
16 2% of the aggregate amount appropriated to an agency within the
17 same treasury fund.
18     (a-3) Further, if an agency receives a separate
19 appropriation for employee retirement contributions paid by
20 the employer, any transfer by that agency into an appropriation
21 for personal services must be accompanied by a corresponding
22 transfer into the appropriation for employee retirement
23 contributions paid by the employer, in an amount sufficient to
24 meet the employer share of the employee contributions required
25 to be remitted to the retirement system.
26     (b) In addition to the general transfer authority provided
27 under subsection (c), the following agencies have the specific
28 transfer authority granted in this subsection:
29     The Illinois Department of Healthcare and Family Services
30 Public Aid is authorized to make transfers representing savings
31 attributable to not increasing grants due to the births of
32 additional children from line items for payments of cash grants
33 to line items for payments for employment and social services
34 for the purposes outlined in subsection (f) of Section 4-2 of

 

 

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1 the Illinois Public Aid Code.
2     The Department of Children and Family Services is
3 authorized to make transfers not exceeding 2% of the aggregate
4 amount appropriated to it within the same treasury fund for the
5 following line items among these same line items: Foster Home
6 and Specialized Foster Care and Prevention, Institutions and
7 Group Homes and Prevention, and Purchase of Adoption and
8 Guardianship Services.
9     The Department on Aging is authorized to make transfers not
10 exceeding 2% of the aggregate amount appropriated to it within
11 the same treasury fund for the following Community Care Program
12 line items among these same line items: Homemaker and Senior
13 Companion Services, Alternative Senior Services, Case
14 Coordination Units, and Adult Day Care Services.
15     The State Treasurer is authorized to make transfers among
16 line item appropriations from the Capital Litigation Trust
17 Fund, with respect to costs incurred in fiscal years 2002 and
18 2003 only, when the balance remaining in one or more such line
19 item appropriations is insufficient for the purpose for which
20 the appropriation was made, provided that no such transfer may
21 be made unless the amount transferred is no longer required for
22 the purpose for which that appropriation was made.
23     (c) The sum of such transfers for an agency in a fiscal
24 year shall not exceed 2% of the aggregate amount appropriated
25 to it within the same treasury fund for the following objects:
26 Personal Services; Extra Help; Student and Inmate
27 Compensation; State Contributions to Retirement Systems; State
28 Contributions to Social Security; State Contribution for
29 Employee Group Insurance; Contractual Services; Travel;
30 Commodities; Printing; Equipment; Electronic Data Processing;
31 Operation of Automotive Equipment; Telecommunications
32 Services; Travel and Allowance for Committed, Paroled and
33 Discharged Prisoners; Library Books; Federal Matching Grants
34 for Student Loans; Refunds; Workers' Compensation,

 

 

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

 

 

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1 for any objects or purposes, without limitation, when the
2 balance remaining in one or more such line item appropriations
3 is insufficient for the purpose for which the appropriation was
4 made, provided that the sum of those transfers by a State
5 agency shall not exceed 4% of the aggregate amount appropriated
6 to that State agency for fiscal year 2005.
7     (d) Transfers among appropriations made to agencies of the
8 Legislative and Judicial departments and to the
9 constitutionally elected officers in the Executive branch
10 require the approval of the officer authorized in Section 10 of
11 this Act to approve and certify vouchers. Transfers among
12 appropriations made to the University of Illinois, Southern
13 Illinois University, Chicago State University, Eastern
14 Illinois University, Governors State University, Illinois
15 State University, Northeastern Illinois University, Northern
16 Illinois University, Western Illinois University, the Illinois
17 Mathematics and Science Academy and the Board of Higher
18 Education require the approval of the Board of Higher Education
19 and the Governor. Transfers among appropriations to all other
20 agencies require the approval of the Governor.
21     The officer responsible for approval shall certify that the
22 transfer is necessary to carry out the programs and purposes
23 for which the appropriations were made by the General Assembly
24 and shall transmit to the State Comptroller a certified copy of
25 the approval which shall set forth the specific amounts
26 transferred so that the Comptroller may change his records
27 accordingly. The Comptroller shall furnish the Governor with
28 information copies of all transfers approved for agencies of
29 the Legislative and Judicial departments and transfers
30 approved by the constitutionally elected officials of the
31 Executive branch other than the Governor, showing the amounts
32 transferred and indicating the dates such changes were entered
33 on the Comptroller's records.
34 (Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03;

 

 

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1 93-680, eff. 7-1-04; 93-839, eff. 7-30-04; revised 12-15-05.)
 
2     (30 ILCS 105/5.344 rep.)
3     Section 5-45. The State Finance Act is amended by repealing
4 Section 5.344 on September 1, 2006.
 
5     Section 5-46. The Budget Stabilization Act is amended by
6 changing Sections 10 and 15 and adding Sections 20 and 25 as
7 follows:
 
8     (30 ILCS 122/10)
9     Sec. 10. Budget limitations.
10     (a) In addition to Section 50-5 of the State Budget Law of
11 the Civil Administrative Code of Illinois, the General
12 Assembly's appropriations and transfers or diversions as
13 required by law from general funds shall not exceed 99% 99.5%
14 of the estimated general funds revenues for the fiscal year
15 when revenue estimates of the State's general funds revenues
16 exceed the prior fiscal year's estimated general funds revenues
17 by more than 4%.
18     (b) The General Assembly's appropriations and transfers or
19 diversions as required by law from general funds shall not
20 exceed 98% 99% of the estimated general funds revenues for the
21 fiscal year when revenue estimates of the State's general funds
22 revenues exceed the prior fiscal year's estimated general funds
23 revenues by more than 4% for 2 or more consecutive fiscal
24 years.
25     (c) For the purpose of this Act, "estimated general funds
26 revenues" include, for each budget year, all taxes, fees, and
27 other revenues expected to be deposited into the State's
28 general funds, including recurring transfers from other State
29 funds into the general funds.
30     Year-over-year comparisons used to determine the
31 percentage growth factor of estimated general funds revenues

 

 

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1 shall exclude the sum of the following: (i) expected revenues
2 resulting from new taxes or fees or from tax or fee increases
3 during the first year of the change, (ii) expected revenues
4 resulting from one-time receipts or non-recurring transfers
5 in, (iii) expected proceeds resulting from borrowing, and (iv)
6 increases in federal grants that must be completely
7 appropriated based on the terms of the grants.
8 (Source: P.A. 93-660, eff. 7-1-04.)
 
9     (30 ILCS 122/15)
10     Sec. 15. Transfers to Budget Stabilization Fund. In
11 furtherance of the State's objective for the Budget
12 Stabilization Fund to have resources representing 5% of the
13 State's annual general funds revenues:
14     (a) For each fiscal year when the General Assembly's
15 appropriations and transfers or diversions as required by law
16 from general funds do not exceed 99% 99.5% of the estimated
17 general funds revenues pursuant to subsection (a) of Section
18 10, the Comptroller shall transfer from the General Revenue
19 Fund as provided by this Section a total amount equal to 0.5%
20 .5% of the estimated general funds revenues to the Budget
21 Stabilization Fund.
22     (b) For each fiscal year when the General Assembly's
23 appropriations and transfers or diversions as required by law
24 from general funds do not exceed 98% 99% of the estimated
25 general funds revenues pursuant to subsection (b) of Section
26 10, the Comptroller shall transfer from the General Revenue
27 Fund as provided by this Section a total amount equal to 1% of
28 the estimated general funds revenues to the Budget
29 Stabilization Fund.
30     (c) The Comptroller shall transfer 1/12 of the total amount
31 to be transferred each fiscal year under this Section into the
32 Budget Stabilization Fund on the first day of each month of
33 that fiscal year or as soon thereafter as possible. The balance

 

 

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1 of the Budget Stabilization Fund shall not exceed 5% of the
2 total of general funds revenues estimated for that fiscal year
3 except as provided by subsection (d) of this Section.
4     (d) If the balance of the Budget Stabilization Fund exceeds
5 5% of the total general funds revenues estimated for that
6 fiscal year, the additional transfers are not required unless
7 there are outstanding liabilities under Section 25 of the State
8 Finance Act from prior fiscal years. If there are such
9 outstanding Section 25 liabilities, then the Comptroller shall
10 continue to transfer 1/12 of the total amount identified for
11 transfer to the Budget Stabilization Fund on the first day of
12 each month of that fiscal year or as soon thereafter as
13 possible to be reserved for those Section 25 liabilities.
14 Nothing in this Act prohibits the General Assembly from
15 appropriating additional moneys into the Budget Stabilization
16 Fund.
17     (e) On or before August 31 of each fiscal year, the amount
18 determined to be transferred to the Budget Stabilization Fund
19 shall be reconciled to actual general funds revenues for that
20 fiscal year. The final transfer for each fiscal year shall be
21 adjusted so that the total amount transferred under this
22 Section is equal to the percentage specified in subsection (a)
23 or (b) of this Section 10 of this Act, as applicable, based on
24 actual general funds revenues calculated consistently with
25 subsection (c) of Section 10 of this Act for each fiscal year.
26     (f) For the fiscal year beginning July 1, 2006 and for each
27 fiscal year thereafter, the budget proposal to the General
28 Assembly shall identify liabilities incurred in a prior fiscal
29 year under Section 25 of the State Finance Act and the budget
30 proposal shall provide funding as allowable pursuant to
31 subsection (d) of this Section, if applicable.
32 (Source: P.A. 93-660, eff. 7-1-04.)
 
33     (30 ILCS 122/20 new)

 

 

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1     Sec. 20. Pension Stabilization Fund.
2     (a) The Pension Stabilization Fund is hereby created as a
3 special fund in the State treasury. Moneys in the fund shall be
4 used for the sole purpose of making payments to the designated
5 retirement systems as provided in Section 25.
6     (b) For each fiscal year when the General Assembly's
7 appropriations and transfers or diversions as required by law
8 from general funds do not exceed 99% of the estimated general
9 funds revenues pursuant to subsection (a) of Section 10, the
10 Comptroller shall transfer from the General Revenue Fund as
11 provided by this Section a total amount equal to 0.5% of the
12 estimated general funds revenues to the Pension Stabilization
13 Fund.
14     (c) For each fiscal year when the General Assembly's
15 appropriations and transfers or diversions as required by law
16 from general funds do not exceed 98% of the estimated general
17 funds revenues pursuant to subsection (b) of Section 10, the
18 Comptroller shall transfer from the General Revenue Fund as
19 provided by this Section a total amount equal to 1.0% of the
20 estimated general funds revenues to the Pension Stabilization
21 Fund.
22     (d) The Comptroller shall transfer 1/12 of the total amount
23 to be transferred each fiscal year under this Section into the
24 Pension Stabilization Fund on the first day of each month of
25 that fiscal year or as soon thereafter as possible; except that
26 the final transfer of the fiscal year shall be made as soon as
27 practical after the August 31 following the end of the fiscal
28 year.
29     Before the final transfer for a fiscal year is made, the
30 Comptroller shall reconcile the estimated general funds
31 revenues used in calculating the other transfers under this
32 Section for that fiscal year with the actual general funds
33 revenues for that fiscal year. The final transfer for the
34 fiscal year shall be adjusted so that the total amount

 

 

09400SB1977ham002 - 98 - LRB094 11537 BDD 58773 a

1 transferred under this Section for that fiscal year is equal to
2 the percentage specified in subsection (b) or (c) of this
3 Section, whichever is applicable, of the actual general funds
4 revenues for that fiscal year. The actual general funds
5 revenues for the fiscal year shall be calculated in a manner
6 consistent with subsection (c) of Section 10 of this Act.
 
7     (30 ILCS 122/25 new)
8     Sec. 25. Transfers from the Pension Stabilization Fund.
9     (a) As used in this Section, "designated retirement
10 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) As soon as may be practical after any money is
19 deposited into the Pension Stabilization Fund, the State
20 Comptroller shall apportion the deposited amount among the
21 designated retirement systems and the State Comptroller and
22 State Treasurer shall pay the apportioned amounts to the
23 designated retirement systems. The amount deposited shall be
24 apportioned among the designated retirement systems in the same
25 proportion as their respective portions of the total actuarial
26 reserve deficiency of the designated retirement systems, as
27 most recently determined by the Governor's Office of Management
28 and Budget. Amounts received by a designated retirement system
29 under this Section shall be used for funding the unfunded
30 liabilities of the retirement system. Payments under this
31 Section are authorized by the continuing appropriation under
32 Section 1.7 of the State Pension Funds Continuing Appropriation
33 Act.

 

 

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1     (c) At the request of the State Comptroller, the Governor's
2 Office of Management and Budget shall determine the individual
3 and total actuarial reserve deficiencies of the designated
4 retirement systems. For this purpose, the Governor's Office of
5 Management and Budget shall consider the latest available audit
6 and actuarial reports of each of the retirement systems and the
7 relevant reports and statistics of the Public Pension Division
8 of the Department of Financial and Professional Regulation.
9     (d) Payments to the designated retirement systems under
10 this Section shall be in addition to, and not in lieu of, any
11 State contributions required under Section 2-124, 14-131,
12 15-155, 16-158, or 18-131 of the Illinois Pension Code.
 
13     Section 5-55. The Illinois Income Tax Act is amended by
14 changing Section 901 as follows:
 
15     (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
16     Sec. 901. Collection Authority.
17     (a) In general.
18     The Department shall collect the taxes imposed by this Act.
19 The Department shall collect certified past due child support
20 amounts under Section 2505-650 of the Department of Revenue Law
21 (20 ILCS 2505/2505-650). Except as provided in subsections (c)
22 and (e) of this Section, money collected pursuant to
23 subsections (a) and (b) of Section 201 of this Act shall be
24 paid into the General Revenue Fund in the State treasury; money
25 collected pursuant to subsections (c) and (d) of Section 201 of
26 this Act shall be paid into the Personal Property Tax
27 Replacement Fund, a special fund in the State Treasury; and
28 money collected under Section 2505-650 of the Department of
29 Revenue Law (20 ILCS 2505/2505-650) shall be paid into the
30 Child Support Enforcement Trust Fund, a special fund outside
31 the State Treasury, or to the State Disbursement Unit
32 established under Section 10-26 of the Illinois Public Aid

 

 

09400SB1977ham002 - 100 - LRB094 11537 BDD 58773 a

1 Code, as directed by the Department of Healthcare and Family
2 Services Public Aid.
3     (b) Local Governmental Distributive Fund.
4     Beginning August 1, 1969, and continuing through June 30,
5 1994, the Treasurer shall transfer each month from the General
6 Revenue Fund to a special fund in the State treasury, to be
7 known as the "Local Government Distributive Fund", an amount
8 equal to 1/12 of the net revenue realized from the tax imposed
9 by subsections (a) and (b) of Section 201 of this Act during
10 the preceding month. Beginning July 1, 1994, and continuing
11 through June 30, 1995, the Treasurer shall transfer each month
12 from the General Revenue Fund to the Local Government
13 Distributive Fund an amount equal to 1/11 of the net revenue
14 realized from the tax imposed by subsections (a) and (b) of
15 Section 201 of this Act during the preceding month. Beginning
16 July 1, 1995, the Treasurer shall transfer each month from the
17 General Revenue Fund to the Local Government Distributive Fund
18 an amount equal to the net of (i) 1/10 of the net revenue
19 realized from the tax imposed by subsections (a) and (b) of
20 Section 201 of the Illinois Income Tax Act during the preceding
21 month (ii) minus, beginning July 1, 2003 and ending June 30,
22 2004, $6,666,666, and beginning July 1, 2004, zero. Net revenue
23 realized for a month shall be defined as the revenue from the
24 tax imposed by subsections (a) and (b) of Section 201 of this
25 Act which is deposited in the General Revenue Fund, the
26 Educational Assistance Fund and the Income Tax Surcharge Local
27 Government Distributive Fund during the month minus the amount
28 paid out of the General Revenue Fund in State warrants during
29 that same month as refunds to taxpayers for overpayment of
30 liability under the tax imposed by subsections (a) and (b) of
31 Section 201 of this Act.
32     (c) Deposits Into Income Tax Refund Fund.
33         (1) Beginning on January 1, 1989 and thereafter, the
34     Department shall deposit a percentage of the amounts

 

 

09400SB1977ham002 - 101 - LRB094 11537 BDD 58773 a

1     collected pursuant to subsections (a) and (b)(1), (2), and
2     (3), of Section 201 of this Act into a fund in the State
3     treasury known as the Income Tax Refund Fund. The
4     Department shall deposit 6% of such amounts during the
5     period beginning January 1, 1989 and ending on June 30,
6     1989. Beginning with State fiscal year 1990 and for each
7     fiscal year thereafter, the percentage deposited into the
8     Income Tax Refund Fund during a fiscal year shall be the
9     Annual Percentage. For fiscal years 1999 through 2001, the
10     Annual Percentage shall be 7.1%. For fiscal year 2003, the
11     Annual Percentage shall be 8%. For fiscal year 2004, the
12     Annual Percentage shall be 11.7%. Upon the effective date
13     of this amendatory Act of the 93rd General Assembly, the
14     Annual Percentage shall be 10% for fiscal year 2005. For
15     fiscal year 2006, the Annual Percentage shall be 9.75%. For
16     fiscal year 2007, the Annual Percentage shall be 9.75%. For
17     all other fiscal years, the Annual Percentage shall be
18     calculated as a fraction, the numerator of which shall be
19     the amount of refunds approved for payment by the
20     Department during the preceding fiscal year as a result of
21     overpayment of tax liability under subsections (a) and
22     (b)(1), (2), and (3) of Section 201 of this Act plus the
23     amount of such refunds remaining approved but unpaid at the
24     end of the preceding fiscal year, minus the amounts
25     transferred into the Income Tax Refund Fund from the
26     Tobacco Settlement Recovery Fund, and the denominator of
27     which shall be the amounts which will be collected pursuant
28     to subsections (a) and (b)(1), (2), and (3) of Section 201
29     of this Act during the preceding fiscal year; except that
30     in State fiscal year 2002, the Annual Percentage shall in
31     no event exceed 7.6%. The Director of Revenue shall certify
32     the Annual Percentage to the Comptroller on the last
33     business day of the fiscal year immediately preceding the
34     fiscal year for which it is to be effective.

 

 

09400SB1977ham002 - 102 - LRB094 11537 BDD 58773 a

1         (2) Beginning on January 1, 1989 and thereafter, the
2     Department shall deposit a percentage of the amounts
3     collected pursuant to subsections (a) and (b)(6), (7), and
4     (8), (c) and (d) of Section 201 of this Act into a fund in
5     the State treasury known as the Income Tax Refund Fund. The
6     Department shall deposit 18% of such amounts during the
7     period beginning January 1, 1989 and ending on June 30,
8     1989. Beginning with State fiscal year 1990 and for each
9     fiscal year thereafter, the percentage deposited into the
10     Income Tax Refund Fund during a fiscal year shall be the
11     Annual Percentage. For fiscal years 1999, 2000, and 2001,
12     the Annual Percentage shall be 19%. For fiscal year 2003,
13     the Annual Percentage shall be 27%. For fiscal year 2004,
14     the Annual Percentage shall be 32%. Upon the effective date
15     of this amendatory Act of the 93rd General Assembly, the
16     Annual Percentage shall be 24% for fiscal year 2005. For
17     fiscal year 2006, the Annual Percentage shall be 20%. For
18     fiscal year 2007, the Annual Percentage shall be 17.5%. For
19     all other fiscal years, the Annual Percentage shall be
20     calculated as a fraction, the numerator of which shall be
21     the amount of refunds approved for payment by the
22     Department during the preceding fiscal year as a result of
23     overpayment of tax liability under subsections (a) and
24     (b)(6), (7), and (8), (c) and (d) of Section 201 of this
25     Act plus the amount of such refunds remaining approved but
26     unpaid at the end of the preceding fiscal year, and the
27     denominator of which shall be the amounts which will be
28     collected pursuant to subsections (a) and (b)(6), (7), and
29     (8), (c) and (d) of Section 201 of this Act during the
30     preceding fiscal year; except that in State fiscal year
31     2002, the Annual Percentage shall in no event exceed 23%.
32     The Director of Revenue shall certify the Annual Percentage
33     to the Comptroller on the last business day of the fiscal
34     year immediately preceding the fiscal year for which it is

 

 

09400SB1977ham002 - 103 - LRB094 11537 BDD 58773 a

1     to be effective.
2         (3) The Comptroller shall order transferred and the
3     Treasurer shall transfer from the Tobacco Settlement
4     Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
5     in January, 2001, (ii) $35,000,000 in January, 2002, and
6     (iii) $35,000,000 in January, 2003.
7     (d) Expenditures from Income Tax Refund Fund.
8         (1) Beginning January 1, 1989, money in the Income Tax
9     Refund Fund shall be expended exclusively for the purpose
10     of paying refunds resulting from overpayment of tax
11     liability under Section 201 of this Act, for paying rebates
12     under Section 208.1 in the event that the amounts in the
13     Homeowners' Tax Relief Fund are insufficient for that
14     purpose, and for making transfers pursuant to this
15     subsection (d).
16         (2) The Director shall order payment of refunds
17     resulting from overpayment of tax liability under Section
18     201 of this Act from the Income Tax Refund Fund only to the
19     extent that amounts collected pursuant to Section 201 of
20     this Act and transfers pursuant to this subsection (d) and
21     item (3) of subsection (c) have been deposited and retained
22     in the Fund.
23         (3) As soon as possible after the end of each fiscal
24     year, the Director shall order transferred and the State
25     Treasurer and State Comptroller shall transfer from the
26     Income Tax Refund Fund to the Personal Property Tax
27     Replacement Fund an amount, certified by the Director to
28     the Comptroller, equal to the excess of the amount
29     collected pursuant to subsections (c) and (d) of Section
30     201 of this Act deposited into the Income Tax Refund Fund
31     during the fiscal year over the amount of refunds resulting
32     from overpayment of tax liability under subsections (c) and
33     (d) of Section 201 of this Act paid from the Income Tax
34     Refund Fund during the fiscal year.

 

 

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

 

 

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1 Tax Act, minus deposits into the Income Tax Refund Fund, the
2 Department shall deposit 3.0% into the Income Tax Surcharge
3 Local Government Distributive Fund in the State Treasury.
4 Beginning February 1, 1993 and continuing through June 30,
5 1993, of the amounts collected pursuant to subsections (a) and
6 (b) of Section 201 of the Illinois Income Tax Act, minus
7 deposits into the Income Tax Refund Fund, the Department shall
8 deposit 4.4% into the Income Tax Surcharge Local Government
9 Distributive Fund in the State Treasury. Beginning July 1,
10 1993, and continuing through June 30, 1994, of the amounts
11 collected under subsections (a) and (b) of Section 201 of this
12 Act, minus deposits into the Income Tax Refund Fund, the
13 Department shall deposit 1.475% into the Income Tax Surcharge
14 Local Government Distributive Fund in the State Treasury.
15 (Source: P.A. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91,
16 eff. 7-1-05; revised 12-15-05.)
 
17     Section 5-60. The Cigarette Tax Act is amended by changing
18 Section 2 as follows:
 
19     (35 ILCS 130/2)  (from Ch. 120, par. 453.2)
20     Sec. 2. Tax imposed; rate; collection, payment, and
21 distribution; discount.
22     (a) A tax is imposed upon any person engaged in business as
23 a retailer of cigarettes in this State at the rate of 5 1/2
24 mills per cigarette sold, or otherwise disposed of in the
25 course of such business in this State. In addition to any other
26 tax imposed by this Act, a tax is imposed upon any person
27 engaged in business as a retailer of cigarettes in this State
28 at a rate of 1/2 mill per cigarette sold or otherwise disposed
29 of in the course of such business in this State on and after
30 January 1, 1947, and shall be paid into the Metropolitan Fair
31 and Exposition Authority Reconstruction Fund or as otherwise
32 provided in Section 29. On and after December 1, 1985, in

 

 

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1 addition to any other tax imposed by this Act, a tax is imposed
2 upon any person engaged in business as a retailer of cigarettes
3 in this State at a rate of 4 mills per cigarette sold or
4 otherwise disposed of in the course of such business in this
5 State. Of the additional tax imposed by this amendatory Act of
6 1985, $9,000,000 of the moneys received by the Department of
7 Revenue pursuant to this Act shall be paid each month into the
8 Common School Fund. On and after the effective date of this
9 amendatory Act of 1989, in addition to any other tax imposed by
10 this Act, a tax is imposed upon any person engaged in business
11 as a retailer of cigarettes at the rate of 5 mills per
12 cigarette sold or otherwise disposed of in the course of such
13 business in this State. On and after the effective date of this
14 amendatory Act of 1993, in addition to any other tax imposed by
15 this Act, a tax is imposed upon any person engaged in business
16 as a retailer of cigarettes at the rate of 7 mills per
17 cigarette sold or otherwise disposed of in the course of such
18 business in this State. On and after December 15, 1997, in
19 addition to any other tax imposed by this Act, a tax is imposed
20 upon any person engaged in business as a retailer of cigarettes
21 at the rate of 7 mills per cigarette sold or otherwise disposed
22 of in the course of such business of this State. All of the
23 moneys received by the Department of Revenue pursuant to this
24 Act and the Cigarette Use Tax Act from the additional taxes
25 imposed by this amendatory Act of 1997, shall be paid each
26 month into the Common School Fund. On and after July 1, 2002,
27 in addition to any other tax imposed by this Act, a tax is
28 imposed upon any person engaged in business as a retailer of
29 cigarettes at the rate of 20.0 mills per cigarette sold or
30 otherwise disposed of in the course of such business in this
31 State. The payment of such taxes shall be evidenced by a stamp
32 affixed to each original package of cigarettes, or an
33 authorized substitute for such stamp imprinted on each original
34 package of such cigarettes underneath the sealed transparent

 

 

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1 outside wrapper of such original package, as hereinafter
2 provided. However, such taxes are not imposed upon any activity
3 in such business in interstate commerce or otherwise, which
4 activity may not under the Constitution and statutes of the
5 United States be made the subject of taxation by this State.
6     Beginning on the effective date of this amendatory Act of
7 the 92nd General Assembly and through June 30, 2006, all of the
8 moneys received by the Department of Revenue pursuant to this
9 Act and the Cigarette Use Tax Act, other than the moneys that
10 are dedicated to the Common School Fund, shall be distributed
11 each month as follows: first, there shall be paid into the
12 General Revenue Fund an amount which, when added to the amount
13 paid into the Common School Fund for that month, equals
14 $33,300,000, except that in the month of August of 2004, this
15 amount shall equal $83,300,000; then, from the moneys
16 remaining, if any amounts required to be paid into the General
17 Revenue Fund in previous months remain unpaid, those amounts
18 shall be paid into the General Revenue Fund; then, beginning on
19 April 1, 2003, from the moneys remaining, $5,000,000 per month
20 shall be paid into the School Infrastructure Fund; then, if any
21 amounts required to be paid into the School Infrastructure Fund
22 in previous months remain unpaid, those amounts shall be paid
23 into the School Infrastructure Fund; then the moneys remaining,
24 if any, shall be paid into the Long-Term Care Provider Fund. To
25 the extent that more than $25,000,000 has been paid into the
26 General Revenue Fund and Common School Fund per month for the
27 period of July 1, 1993 through the effective date of this
28 amendatory Act of 1994 from combined receipts of the Cigarette
29 Tax Act and the Cigarette Use Tax Act, notwithstanding the
30 distribution provided in this Section, the Department of
31 Revenue is hereby directed to adjust the distribution provided
32 in this Section to increase the next monthly payments to the
33 Long Term Care Provider Fund by the amount paid to the General
34 Revenue Fund and Common School Fund in excess of $25,000,000

 

 

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1 per month and to decrease the next monthly payments to the
2 General Revenue Fund and Common School Fund by that same excess
3 amount.
4     Beginning on July 1, 2006, all of the moneys received by
5 the Department of Revenue pursuant to this Act and the
6 Cigarette Use Tax Act, other than the moneys that are dedicated
7 to the Common School Fund, shall be distributed each month as
8 follows: first, there shall be paid into the General Revenue
9 Fund an amount that, when added to the amount paid into the
10 Common School Fund for that month, equals $29,200,000; then,
11 from the moneys remaining, if any amounts required to be paid
12 into the General Revenue Fund in previous months remain unpaid,
13 those amounts shall be paid into the General Revenue Fund; then
14 from the moneys remaining, $5,000,000 per month shall be paid
15 into the School Infrastructure Fund; then, if any amounts
16 required to be paid into the School Infrastructure Fund in
17 previous months remain unpaid, those amounts shall be paid into
18 the School Infrastructure Fund; then the moneys remaining, if
19 any, shall be paid into the Long-Term Care Provider Fund.
20     When any tax imposed herein terminates or has terminated,
21 distributors who have bought stamps while such tax was in
22 effect and who therefore paid such tax, but who can show, to
23 the Department's satisfaction, that they sold the cigarettes to
24 which they affixed such stamps after such tax had terminated
25 and did not recover the tax or its equivalent from purchasers,
26 shall be allowed by the Department to take credit for such
27 absorbed tax against subsequent tax stamp purchases from the
28 Department by such distributor.
29     The impact of the tax levied by this Act is imposed upon
30 the retailer and shall be prepaid or pre-collected by the
31 distributor for the purpose of convenience and facility only,
32 and the amount of the tax shall be added to the price of the
33 cigarettes sold by such distributor. Collection of the tax
34 shall be evidenced by a stamp or stamps affixed to each

 

 

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1 original package of cigarettes, as hereinafter provided.
2     Each distributor shall collect the tax from the retailer at
3 or before the time of the sale, shall affix the stamps as
4 hereinafter required, and shall remit the tax collected from
5 retailers to the Department, as hereinafter provided. Any
6 distributor who fails to properly collect and pay the tax
7 imposed by this Act shall be liable for the tax. Any
8 distributor having cigarettes to which stamps have been affixed
9 in his possession for sale on the effective date of this
10 amendatory Act of 1989 shall not be required to pay the
11 additional tax imposed by this amendatory Act of 1989 on such
12 stamped cigarettes. Any distributor having cigarettes to which
13 stamps have been affixed in his or her possession for sale at
14 12:01 a.m. on the effective date of this amendatory Act of
15 1993, is required to pay the additional tax imposed by this
16 amendatory Act of 1993 on such stamped cigarettes. This
17 payment, less the discount provided in subsection (b), shall be
18 due when the distributor first makes a purchase of cigarette
19 tax stamps after the effective date of this amendatory Act of
20 1993, or on the first due date of a return under this Act after
21 the effective date of this amendatory Act of 1993, whichever
22 occurs first. Any distributor having cigarettes to which stamps
23 have been affixed in his possession for sale on December 15,
24 1997 shall not be required to pay the additional tax imposed by
25 this amendatory Act of 1997 on such stamped cigarettes.
26     Any distributor having cigarettes to which stamps have been
27 affixed in his or her possession for sale on July 1, 2002 shall
28 not be required to pay the additional tax imposed by this
29 amendatory Act of the 92nd General Assembly on those stamped
30 cigarettes.
31     The amount of the Cigarette Tax imposed by this Act shall
32 be separately stated, apart from the price of the goods, by
33 both distributors and retailers, in all advertisements, bills
34 and sales invoices.

 

 

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1     (b) The distributor shall be required to collect the taxes
2 provided under paragraph (a) hereof, and, to cover the costs of
3 such collection, shall be allowed a discount during any year
4 commencing July 1st and ending the following June 30th in
5 accordance with the schedule set out hereinbelow, which
6 discount shall be allowed at the time of purchase of the stamps
7 when purchase is required by this Act, or at the time when the
8 tax is remitted to the Department without the purchase of
9 stamps from the Department when that method of paying the tax
10 is required or authorized by this Act. Prior to December 1,
11 1985, a discount equal to 1 2/3% of the amount of the tax up to
12 and including the first $700,000 paid hereunder by such
13 distributor to the Department during any such year; 1 1/3% of
14 the next $700,000 of tax or any part thereof, paid hereunder by
15 such distributor to the Department during any such year; 1% of
16 the next $700,000 of tax, or any part thereof, paid hereunder
17 by such distributor to the Department during any such year, and
18 2/3 of 1% of the amount of any additional tax paid hereunder by
19 such distributor to the Department during any such year shall
20 apply. On and after December 1, 1985, a discount equal to 1.75%
21 of the amount of the tax payable under this Act up to and
22 including the first $3,000,000 paid hereunder by such
23 distributor to the Department during any such year and 1.5% of
24 the amount of any additional tax paid hereunder by such
25 distributor to the Department during any such year shall apply.
26     Two or more distributors that use a common means of
27 affixing revenue tax stamps or that are owned or controlled by
28 the same interests shall be treated as a single distributor for
29 the purpose of computing the discount.
30     (c) The taxes herein imposed are in addition to all other
31 occupation or privilege taxes imposed by the State of Illinois,
32 or by any political subdivision thereof, or by any municipal
33 corporation.
34 (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
 

 

 

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1     Section 5-65. The Motor Fuel Tax Law is amended by changing
2 Section 8 as follows:
 
3     (35 ILCS 505/8)  (from Ch. 120, par. 424)
4     Sec. 8. Except as provided in Section 8a, subdivision
5 (h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
6 16 of Section 15, all money received by the Department under
7 this Act, including payments made to the Department by member
8 jurisdictions participating in the International Fuel Tax
9 Agreement, shall be deposited in a special fund in the State
10 treasury, to be known as the "Motor Fuel Tax Fund", and shall
11 be used as follows:
12     (a) 2 1/2 cents per gallon of the tax collected on special
13 fuel under paragraph (b) of Section 2 and Section 13a of this
14 Act shall be transferred to the State Construction Account Fund
15 in the State Treasury;
16     (b) $420,000 shall be transferred each month to the State
17 Boating Act Fund to be used by the Department of Natural
18 Resources for the purposes specified in Article X of the Boat
19 Registration and Safety Act;
20     (c) $2,250,000 shall be transferred each month to the Grade
21 Crossing Protection Fund to be used as follows: not less than
22 $6,000,000 each fiscal year shall be used for the construction
23 or reconstruction of rail highway grade separation structures;
24 $2,250,000 in fiscal year 2004 and each fiscal year thereafter
25 shall be transferred to the Transportation Regulatory Fund and
26 shall be accounted for as part of the rail carrier portion of
27 such funds and shall be used to pay the cost of administration
28 of the Illinois Commerce Commission's railroad safety program
29 in connection with its duties under subsection (3) of Section
30 18c-7401 of the Illinois Vehicle Code, with the remainder to be
31 used by the Department of Transportation upon order of the
32 Illinois Commerce Commission, to pay that part of the cost

 

 

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1 apportioned by such Commission to the State to cover the
2 interest of the public in the use of highways, roads, streets,
3 or pedestrian walkways in the county highway system, township
4 and district road system, or municipal street system as defined
5 in the Illinois Highway Code, as the same may from time to time
6 be amended, for separation of grades, for installation,
7 construction or reconstruction of crossing protection or
8 reconstruction, alteration, relocation including construction
9 or improvement of any existing highway necessary for access to
10 property or improvement of any grade crossing including the
11 necessary highway approaches thereto of any railroad across the
12 highway or public road, or for the installation, construction,
13 reconstruction, or maintenance of a pedestrian walkway over or
14 under a railroad right-of-way, as provided for in and in
15 accordance with Section 18c-7401 of the Illinois Vehicle Code.
16 The Commission shall not order more than $2,000,000 per year in
17 Grade Crossing Protection Fund moneys for pedestrian walkways.
18 In entering orders for projects for which payments from the
19 Grade Crossing Protection Fund will be made, the Commission
20 shall account for expenditures authorized by the orders on a
21 cash rather than an accrual basis. For purposes of this
22 requirement an "accrual basis" assumes that the total cost of
23 the project is expended in the fiscal year in which the order
24 is entered, while a "cash basis" allocates the cost of the
25 project among fiscal years as expenditures are actually made.
26 To meet the requirements of this subsection, the Illinois
27 Commerce Commission shall develop annual and 5-year project
28 plans of rail crossing capital improvements that will be paid
29 for with moneys from the Grade Crossing Protection Fund. The
30 annual project plan shall identify projects for the succeeding
31 fiscal year and the 5-year project plan shall identify projects
32 for the 5 directly succeeding fiscal years. The Commission
33 shall submit the annual and 5-year project plans for this Fund
34 to the Governor, the President of the Senate, the Senate

 

 

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1 Minority Leader, the Speaker of the House of Representatives,
2 and the Minority Leader of the House of Representatives on the
3 first Wednesday in April of each year;
4     (d) of the amount remaining after allocations provided for
5 in subsections (a), (b) and (c), a sufficient amount shall be
6 reserved to pay all of the following:
7         (1) the costs of the Department of Revenue in
8     administering this Act;
9         (2) the costs of the Department of Transportation in
10     performing its duties imposed by the Illinois Highway Code
11     for supervising the use of motor fuel tax funds apportioned
12     to municipalities, counties and road districts;
13         (3) refunds provided for in Section 13 of this Act and
14     under the terms of the International Fuel Tax Agreement
15     referenced in Section 14a;
16         (4) from October 1, 1985 until June 30, 1994, the
17     administration of the Vehicle Emissions Inspection Law,
18     which amount shall be certified monthly by the
19     Environmental Protection Agency to the State Comptroller
20     and shall promptly be transferred by the State Comptroller
21     and Treasurer from the Motor Fuel Tax Fund to the Vehicle
22     Inspection Fund, and for the period July 1, 1994 through
23     June 30, 2000, one-twelfth of $25,000,000 each month, for
24     the period July 1, 2000 through June 30, 2003, one-twelfth
25     of $30,000,000 each month, and $15,000,000 on July 1, 2003,
26     and $15,000,000 on January 1, 2004, and $15,000,000 on each
27     July 1 and October 1, or as soon thereafter as may be
28     practical, during the period July 1, 2004 through June 30,
29     2008 2006, for the administration of the Vehicle Emissions
30     Inspection Law of 1995, to be transferred by the State
31     Comptroller and Treasurer from the Motor Fuel Tax Fund into
32     the Vehicle Inspection Fund;
33         (5) amounts ordered paid by the Court of Claims; and
34         (6) payment of motor fuel use taxes due to member

 

 

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1     jurisdictions under the terms of the International Fuel Tax
2     Agreement. The Department shall certify these amounts to
3     the Comptroller by the 15th day of each month; the
4     Comptroller shall cause orders to be drawn for such
5     amounts, and the Treasurer shall administer those amounts
6     on or before the last day of each month;
7     (e) after allocations for the purposes set forth in
8 subsections (a), (b), (c) and (d), the remaining amount shall
9 be apportioned as follows:
10         (1) Until January 1, 2000, 58.4%, and beginning January
11     1, 2000, 45.6% shall be deposited as follows:
12             (A) 37% into the State Construction Account Fund,
13         and
14             (B) 63% into the Road Fund, $1,250,000 of which
15         shall be reserved each month for the Department of
16         Transportation to be used in accordance with the
17         provisions of Sections 6-901 through 6-906 of the
18         Illinois Highway Code;
19         (2) Until January 1, 2000, 41.6%, and beginning January
20     1, 2000, 54.4% shall be transferred to the Department of
21     Transportation to be distributed as follows:
22             (A) 49.10% to the municipalities of the State,
23             (B) 16.74% to the counties of the State having
24         1,000,000 or more inhabitants,
25             (C) 18.27% to the counties of the State having less
26         than 1,000,000 inhabitants,
27             (D) 15.89% to the road districts of the State.
28     As soon as may be after the first day of each month the
29 Department of Transportation shall allot to each municipality
30 its share of the amount apportioned to the several
31 municipalities which shall be in proportion to the population
32 of such municipalities as determined by the last preceding
33 municipal census if conducted by the Federal Government or
34 Federal census. If territory is annexed to any municipality

 

 

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1 subsequent to the time of the last preceding census the
2 corporate authorities of such municipality may cause a census
3 to be taken of such annexed territory and the population so
4 ascertained for such territory shall be added to the population
5 of the municipality as determined by the last preceding census
6 for the purpose of determining the allotment for that
7 municipality. If the population of any municipality was not
8 determined by the last Federal census preceding any
9 apportionment, the apportionment to such municipality shall be
10 in accordance with any census taken by such municipality. Any
11 municipal census used in accordance with this Section shall be
12 certified to the Department of Transportation by the clerk of
13 such municipality, and the accuracy thereof shall be subject to
14 approval of the Department which may make such corrections as
15 it ascertains to be necessary.
16     As soon as may be after the first day of each month the
17 Department of Transportation shall allot to each county its
18 share of the amount apportioned to the several counties of the
19 State as herein provided. Each allotment to the several
20 counties having less than 1,000,000 inhabitants shall be in
21 proportion to the amount of motor vehicle license fees received
22 from the residents of such counties, respectively, during the
23 preceding calendar year. The Secretary of State shall, on or
24 before April 15 of each year, transmit to the Department of
25 Transportation a full and complete report showing the amount of
26 motor vehicle license fees received from the residents of each
27 county, respectively, during the preceding calendar year. The
28 Department of Transportation shall, each month, use for
29 allotment purposes the last such report received from the
30 Secretary of State.
31     As soon as may be after the first day of each month, the
32 Department of Transportation shall allot to the several
33 counties their share of the amount apportioned for the use of
34 road districts. The allotment shall be apportioned among the

 

 

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1 several counties in the State in the proportion which the total
2 mileage of township or district roads in the respective
3 counties bears to the total mileage of all township and
4 district roads in the State. Funds allotted to the respective
5 counties for the use of road districts therein shall be
6 allocated to the several road districts in the county in the
7 proportion which the total mileage of such township or district
8 roads in the respective road districts bears to the total
9 mileage of all such township or district roads in the county.
10 After July 1 of any year, no allocation shall be made for any
11 road district unless it levied a tax for road and bridge
12 purposes in an amount which will require the extension of such
13 tax against the taxable property in any such road district at a
14 rate of not less than either .08% of the value thereof, based
15 upon the assessment for the year immediately prior to the year
16 in which such tax was levied and as equalized by the Department
17 of Revenue or, in DuPage County, an amount equal to or greater
18 than $12,000 per mile of road under the jurisdiction of the
19 road district, whichever is less. If any road district has
20 levied a special tax for road purposes pursuant to Sections
21 6-601, 6-602 and 6-603 of the Illinois Highway Code, and such
22 tax was levied in an amount which would require extension at a
23 rate of not less than .08% of the value of the taxable property
24 thereof, as equalized or assessed by the Department of Revenue,
25 or, in DuPage County, an amount equal to or greater than
26 $12,000 per mile of road under the jurisdiction of the road
27 district, whichever is less, such levy shall, however, be
28 deemed a proper compliance with this Section and shall qualify
29 such road district for an allotment under this Section. If a
30 township has transferred to the road and bridge fund money
31 which, when added to the amount of any tax levy of the road
32 district would be the equivalent of a tax levy requiring
33 extension at a rate of at least .08%, or, in DuPage County, an
34 amount equal to or greater than $12,000 per mile of road under

 

 

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1 the jurisdiction of the road district, whichever is less, such
2 transfer, together with any such tax levy, shall be deemed a
3 proper compliance with this Section and shall qualify the road
4 district for an allotment under this Section.
5     In counties in which a property tax extension limitation is
6 imposed under the Property Tax Extension Limitation Law, road
7 districts may retain their entitlement to a motor fuel tax
8 allotment if, at the time the property tax extension limitation
9 was imposed, the road district was levying a road and bridge
10 tax at a rate sufficient to entitle it to a motor fuel tax
11 allotment and continues to levy the maximum allowable amount
12 after the imposition of the property tax extension limitation.
13 Any road district may in all circumstances retain its
14 entitlement to a motor fuel tax allotment if it levied a road
15 and bridge tax in an amount that will require the extension of
16 the tax against the taxable property in the road district at a
17 rate of not less than 0.08% of the assessed value of the
18 property, based upon the assessment for the year immediately
19 preceding the year in which the tax was levied and as equalized
20 by the Department of Revenue or, in DuPage County, an amount
21 equal to or greater than $12,000 per mile of road under the
22 jurisdiction of the road district, whichever is less.
23     As used in this Section the term "road district" means any
24 road district, including a county unit road district, provided
25 for by the Illinois Highway Code; and the term "township or
26 district road" means any road in the township and district road
27 system as defined in the Illinois Highway Code. For the
28 purposes of this Section, "road district" also includes park
29 districts, forest preserve districts and conservation
30 districts organized under Illinois law and "township or
31 district road" also includes such roads as are maintained by
32 park districts, forest preserve districts and conservation
33 districts. The Department of Transportation shall determine
34 the mileage of all township and district roads for the purposes

 

 

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1 of making allotments and allocations of motor fuel tax funds
2 for use in road districts.
3     Payment of motor fuel tax moneys to municipalities and
4 counties shall be made as soon as possible after the allotment
5 is made. The treasurer of the municipality or county may invest
6 these funds until their use is required and the interest earned
7 by these investments shall be limited to the same uses as the
8 principal funds.
9 (Source: P.A. 92-16, eff. 6-28-01; 92-30, eff. 7-1-01; 93-32,
10 eff. 6-20-03; 93-839, eff. 7-30-04.)
 
11     Section 5-70. The Illinois Pension Code is amended by
12 changing Sections 2-124, 14-108.6, 14-131, 15-155, 16-158, and
13 18-131 as follows:
 
14     (40 ILCS 5/2-124)  (from Ch. 108 1/2, par. 2-124)
15     Sec. 2-124. Contributions by State.
16     (a) The State shall make contributions to the System by
17 appropriations of amounts which, together with the
18 contributions of participants, interest earned on investments,
19 and other income will meet the cost of maintaining and
20 administering the System on a 90% funded basis in accordance
21 with actuarial recommendations.
22     (b) The Board shall determine the amount of State
23 contributions required for each fiscal year on the basis of the
24 actuarial tables and other assumptions adopted by the Board and
25 the prescribed rate of interest, using the formula in
26 subsection (c).
27     (c) For State fiscal years 2011 through 2045, the minimum
28 contribution to the System to be made by the State for each
29 fiscal year shall be an amount determined by the System to be
30 sufficient to bring the total assets of the System up to 90% of
31 the total actuarial liabilities of the System by the end of
32 State fiscal year 2045. In making these determinations, the

 

 

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1 required State contribution shall be calculated each year as a
2 level percentage of payroll over the years remaining to and
3 including fiscal year 2045 and shall be determined under the
4 projected unit credit actuarial cost method.
5     For State fiscal years 1996 through 2005, the State
6 contribution to the System, as a percentage of the applicable
7 employee payroll, shall be increased in equal annual increments
8 so that by State fiscal year 2011, the State is contributing at
9 the rate required under this Section.
10     Notwithstanding any other provision of this Article, the
11 total required State contribution for State fiscal year 2006 is
12 $4,157,000.
13     Notwithstanding any other provision of this Article, the
14 total required State contribution for State fiscal year 2007 is
15 $5,220,300.
16     For each of State fiscal years 2008 through 2010, the State
17 contribution to the System, as a percentage of the applicable
18 employee payroll, shall be increased in equal annual increments
19 from the required State contribution for State fiscal year
20 2007, so that by State fiscal year 2011, the State is
21 contributing at the rate otherwise required under this Section.
22     Beginning in State fiscal year 2046, the minimum State
23 contribution for each fiscal year shall be the amount needed to
24 maintain the total assets of the System at 90% of the total
25 actuarial liabilities of the System.
26     Amounts received by the System pursuant to Section 25 of
27 the Budget Stabilization Act in any fiscal year do not reduce
28 and do not constitute payment of any portion of the minimum
29 State contribution required under this Article in that fiscal
30 year. Such amounts shall not reduce, and shall not be included
31 in the calculation of, the required State contributions under
32 this Article in any future year until the System has reached a
33 funding ratio of at least 90%. A reference in this Article to
34 the "required State contribution" or any substantially similar

 

 

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1 term does not include or apply to any amounts payable to the
2 System under Section 25 of the Budget Stabilization Act.
3     Notwithstanding any other provision of this Section, the
4 required State contribution for State fiscal year 2005 and for
5 fiscal year 2008 and each fiscal year thereafter, as calculated
6 under this Section and certified under Section 2-134, shall not
7 exceed an amount equal to (i) the amount of the required State
8 contribution that would have been calculated under this Section
9 for that fiscal year if the System had not received any
10 payments under subsection (d) of Section 7.2 of the General
11 Obligation Bond Act, minus (ii) the portion of the State's
12 total debt service payments for that fiscal year on the bonds
13 issued for the purposes of that Section 7.2, as determined and
14 certified by the Comptroller, that is the same as the System's
15 portion of the total moneys distributed under subsection (d) of
16 Section 7.2 of the General Obligation Bond Act. In determining
17 this maximum for State fiscal years 2008 through 2010, however,
18 the amount referred to in item (i) shall be increased, as a
19 percentage of the applicable employee payroll, in equal
20 increments calculated from the sum of the required State
21 contribution for State fiscal year 2007 plus the applicable
22 portion of the State's total debt service payments for fiscal
23 year 2007 on the bonds issued for the purposes of Section 7.2
24 of the General Obligation Bond Act, so that, by State fiscal
25 year 2011, the State is contributing at the rate otherwise
26 required under this Section.
27 (Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)
 
28     (40 ILCS 5/14-108.6)
29     Sec. 14-108.6. Alternative retirement cancellation
30 payment.
31     (a) To be eligible for the alternative retirement
32 cancellation payment provided in this Section, a person must:
33         (1) be a member of this System who, as of June 1, 2006

 

 

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1     July 1, 2005, was (i) in active payroll status as an
2     employee in a position listed in subsection (b) of this
3     Section and continuously employed in a position listed in
4     subsection (b) on and after January 1, 2006 2005 and (ii)
5     an active contributor to this System with respect to that
6     employment;
7         (2) have not previously received any retirement
8     annuity under this Article;
9         (3) in the case of persons employed in a position title
10     listed under paragraph (1) of subsection (b), be among the
11     first 500 persons to file with the Board on or before
12     August 31, 2006 September 30, 2005 a written application
13     requesting the alternative retirement cancellation payment
14     provided in this Section;
15         (4) in the case of persons employed in a position title
16     listed under paragraph (2) of subsection (b), have received
17     written authorization from the director or other head of
18     his or her department and filed that authorization with the
19     system on or before August 1, 2006 September 1, 2005;
20         (5) if there is a QILDRO in effect against the person,
21     file with the Board the written consent of all alternate
22     payees under the QILDRO to the election of an alternative
23     retirement cancellation payment under this Section; and
24         (6) terminate employment under this Article within one
25     month after approval of the person's application
26     requesting the alternative retirement cancellation
27     payment, but in no event later than September 30, 2006
28     October 31, 2005.
29     (b)(1) Position titles eligible for the alternative
30 retirement cancellation payment provided in this Section are:
31         911 Analyst III; Brickmason; Account Clerk I and II;
32     Budget Analyst I and II; Account Technician I and II;
33     Budget Operations Director; Accountant; Budget Principal;
34     Accountant Advanced; Building Services Worker; Accountant

 

 

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1     Supervisor; Building/Grounds Laborer; Accounting Fiscal
2     Administrative Career Trainee; Building/Grounds Lead 1 and
3     2; Accounts Payable Processing Analyst; Building/Grounds
4     Maintenance Worker; Accounts Payable Specialist;
5     Building/Grounds Supervisor; Accounts Processing Analyst;
6     Bureau Chief; Actuarial Assistant; Business Administrative
7     Specialist; Administrative and Technology Director;
8     Business Analyst I through IV; Administrative Assistant I
9     through III; Business Manager; Administrative Clerk;
10     Buyer; Administrative Coordinator; Buyer Assistant;
11     Administrator; Capital Budget Analyst I and II;
12     Administrator of Capital Programs; Capital Budget
13     Director; Administrator of Construction Administration;
14     Capital Programs Analyst I and II; Administrator of
15     Contract Administration; Capital Programs Technician;
16     Administrator of Fair Employment Practices; Carpenter;
17     Administrator of Fiscal; Carpenter Foreman; Administrator
18     of Information Management; Cartographer I through III;
19     Administrator of Information Systems; Chief - Police;
20     Administrator of Personnel; Chief Veterans Technician;
21     Administrator of Professional Services; Circuit
22     Provisioning Specialist; Administrator of Public Affairs;
23     Civil Engineer IV I through IX; Administrator of
24     Quality-Based Selection; Civil Engineer Trainee;
25     Administrator of Strategic Planning and Training; Clerical
26     Trainee; Appeals & Orders Coordinator; Communications
27     Director; Appraisal Specialist 1 through 3; Community
28     Planner 3; Assignment Coordinator; Commander; Assistant
29     Art-in-Architecture Coordinator; Compliance Specialist;
30     Assistant Chief - Police; Conservation Education
31     Representative; Assistant Internal Auditor; Conservation
32     Grant Administrator 1 through 3; Assistant Manager;
33     Construction Supervisor I and II; Assistant Personnel
34     Officer; Consumer Policy Analyst; Assistant Professor

 

 

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1     Scientist; Consumer Program Coordinator; Assistant
2     Reimbursement Officer; Contract Executive; Assistant
3     Steward; Coordinator of Administrative Services; Associate
4     Director for Administrative Services; Coordinator of
5     Art-in-Architecture; Associate Museum Director;
6     Corrections Clerk I through III; Associate Professor
7     Scientist; Corrections Maintenance Supervisor; Corrections
8     Caseworker Supervisor; Corrections Food Service
9     Supervisor; Auto Parts Warehouse Specialist; Corrections
10     Maintenance Worker; Auto Parts Warehouser; Curator I
11     through III; Automotive Attendant I and II; Data Processing
12     Administrative Specialist; Automotive Mechanic; Data
13     Processing Assistant; Automotive Shop Supervisor; Data
14     Processing Operator; Baker; Data Processing Specialist;
15     Barber; Data Processing Supervisor 1 through 3;
16     Beautician; Data Processing Technician; Brickmason; Deputy
17     Chief Counsel; Director of Licensing; Desktop Technician;
18     Director of Security; Human Resources Officer; Division
19     Chief; Human Resources Representative; Division Director;
20     Human Resources Specialist; Economic Analyst I through IV;
21     Human Resources Trainee; Electrical Engineer; Human
22     Services Casework Manager; Electrical Engineer I through
23     V; Human Services Grant Coordinator 2 and 3; Electrical
24     Equipment Installer/Repairer; Iconographer; Electrical
25     Equipment Installer/Repairer Lead Worker; Industry and
26     Commercial Development Representative 1 and 2;
27     Electrician; Industry Services Consultant 1 and 2;
28     Electronics Technician; Information Services Intern;
29     Elevator Operator; Information Services Specialist I and
30     II; Endangered Species Secretary; Information Systems
31     Analyst I through III; Engineering Aide; Information
32     Systems Manager; Engineering Analyst I through IV;
33     Information Systems Planner; Engineering Manager I and II;
34     Institutional Maintenance Worker; Engineering Technician I

 

 

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1     through V; Instrument Designer; Environmental Scientist I
2     and II; Insurance Analyst I through IV; Executive I through
3     VI; Executive Assistant; Intermittent Clerk; Executive
4     Assistant I through IV; Intermittent Laborer Maintenance;
5     Executive Secretary 1 through 3; Intern; Federal Funding
6     and Public Safety Director; Internal Auditor 1; Financial &
7     Budget Assistant; Internal Communications Officer;
8     Financial & Budget Supervisor; International Marketing
9     Representative 1; Financial Management Director; IT
10     Manager; Fiscal Executive; Janitor I and II; Fiscal
11     Officer; Junior State Veterinarian; Gas Engineer I through
12     IV; Junior Supervisor Scientist; General Counsel and
13     Regulatory Director; Laboratory Manager II; General
14     Services Administrator I; Labor Maintenance Lead Worker;
15     General Services Technician; Laborer; Geographic
16     Information Specialist 1 and 2; Laborer (Building);
17     Geologist I through IV; Laborer (Maintenance); Graphic
18     Arts Design Supervisor; Landscape Architect; Graphic Arts
19     Designer; Landscape Architect I through IV; Graphic Arts
20     Technician; Landscape Planner; Grounds Supervisor; Laundry
21     Manager I; Highway Construction Supervisor I; Legislative
22     Liaison I and II; Historical Research Editor 2; Liability
23     Claims Adjuster 1 and 2; Historical Research Specialist;
24     Librarian 1 and 2; Horse Custodian; Library Aide I through
25     III; Horse Identifier; Library Associate; Hourly
26     Assistant; Library Technical Assistant; Human Resource
27     Coordinator; Licensing Assistant; Human Resources Analyst;
28     Line Technician I through II; Human Resources Assistant;
29     Local History Service Representative; Human Resources
30     Associate; Local Housing Advisor 2 and 3; Human Resources
31     Manager; Local Revenue and Fiscal Advisor 3; Machinist;
32     Locksmith; Maintenance Equipment Operator; Operations
33     Communications Specialist Trainee; Maintenance Worker;
34     Operations Technician; Maintenance Worker Power Plant;

 

 

09400SB1977ham002 - 125 - LRB094 11537 BDD 58773 a

1     Painter; Management Information Technician; Paralegal
2     Assistant; Management Operations Analyst 1 and 2;
3     Performance Management Analyst; Management Secretary I;
4     Personnel Manager; Management Systems Specialist;
5     Photogrammetrist I through IV; Management Technician I
6     through IV; Physician; Manager; Physician Specialist
7     Operations A through D; Manpower Planner 1 through 3;
8     Planning Director; Medical Administrator III and V; Plant
9     Maintenance Engineer 1 and 2; Methods & Processes Advisor
10     1, 2 and III; Plumber; Methods & Processes Career Associate
11     1 and 2; Policy Advisor; Microfilm Operator I through III;
12     Policy Analyst I through IV; Military Administrative
13     Assistant I; Power Shovel Operator (Maintenance); Military
14     Administrative Clerk; Principal Economist; Military
15     Administrative Officer-Legal; Principal Scientist;
16     Military Administrative Specialist; Private Secretary 1
17     and 2; Military Community Relations Specialist; Private
18     Secretary I and II; Military Cooperative Agreement
19     Specialist; Procurement Representative; Military Crash,
20     Fire, Rescue I through III; Professor & Scientist; Military
21     Energy Manager; Program Manager; Military Engineer
22     Technician; Program Specialist; Military Environmental
23     Specialist I through III; Project Coordinator; Military
24     Facilities Engineer; Project Designer; Military Facilities
25     Officer I; Project Manager I through III; Military
26     Maintenance Engineer; Project Manager; Military Museum
27     Director; Project Manager/Technical Specialist I thru III;
28     Military Program Supervisor; Project Specialist I through
29     IV; Military Property Custodian II; Projects Director;
30     Military Real Property Clerk; Property & Supply Clerk I
31     through III; Motorist Assistance Specialist; Property
32     Control Officer; Museum Director; Public Administration
33     Intern; Museum Security Head I through III; Public
34     Information Coordinator; Museum Technician I through III;

 

 

09400SB1977ham002 - 126 - LRB094 11537 BDD 58773 a

1     Public Information Officer; Network Control Center
2     Specialist; Public Information Officer 2 through 4;
3     Network Control Center Technician 2; Public Service
4     Administrator; Network Engineer I through IV; Race Track
5     Maintenance 1 and 2; Office Administration Specialist;
6     Radio Technician Program Coordinator; Office Administrator
7     1 through 5; Realty Specialist I through V; Office Aide;
8     Receptionist; Office Assistant; Regional Manager; Office
9     Associate; Regulatory Accountant IV; Office Clerk;
10     Reimbursement Officer 1 and 2; Office Coordinator;
11     Representative I and II; Office Manager; Representative
12     Trainee; Office Occupations Trainee; School Construction
13     Manager; Office Specialist; Secretary I and IV; Operations
14     Communications Specialist I and II; Security Guard; Senior
15     Economic Analyst; Security Supervisor; Senior Editor;
16     Systems Developer I through IV; Senior Electrical
17     Engineer; Systems Developer Trainee; Senior Financial &
18     Budget Assistant; Systems Engineer I through IV; Senior Gas
19     Engineer; Systems Engineer Trainee; Senior Policy Analyst;
20     Tariff & Order Coordinator; Senior Programs Analyst;
21     Tariff Administrator III; Senior Project Consultant;
22     Tariff Analyst IV; Senior Project Manager; Teacher of
23     Barbering; Senior Public Information Officer; Teacher of
24     Beauty Culture; Senior Public Service Administrator;
25     Technical Advisor 2 and 3; Senior Rate Analyst; Technical
26     Advisor I through VII; Senior Technical Assistant;
27     Technical Analyst; Technical Manager VII I through IX;
28     Senior Technical Supervisor; Technical Assistant; Senior
29     Technology Specialist; Technical Manager 1; Senior
30     Transportation Industry Analyst; Technical Manager I
31     through X; Sewage Plant Operator; Technical Specialist;
32     Sign Hanger; Technical Support Specialist; Sign Hanger
33     Foreman; Technical Specialist I thru III; Sign Painter;
34     Technician Trainee; Sign Shop Foreman; Telecom Systems

 

 

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1     Analyst; Silk Screen Operator; Telecom Systems Consultant;
2     Senior Administrative Assistant; Telecom Systems
3     Technician 1 and 2; Site Superintendent; Telecommunication
4     Supervisor; Software Architect; Tinsmith; Special
5     Assistant; Trades Tender; Special Assistant to the
6     Executive Director; Training Coordinator; Staff
7     Development Specialist I; Transportation Counsel; Staff
8     Development Technician II; Transportation Industry Analyst
9     III; State Police Captain; Transportation Industry
10     Customer Service; State Police Lieutenant; Transportation
11     Officer; State Police Major; Transportation Policy Analyst
12     III and IV; State Police Master Sergeant; Urban Planner I
13     through VI; Stationary Engineer; Utility Engineer I and II;
14     Stationary Engineer Assistant Chief; Veteran Secretary;
15     Stationary Engineer Chief; Veteran Technician; Stationary
16     Fireman; Water Engineer I through IV; Statistical Research
17     Specialist 1 through 3; Water Plant Operator; Statistical
18     Research Supervisor; Web and Publications Manager;
19     Statistical Research Technician; Steamfitter; Steward;
20     Steward Secretary; Storekeeper I through III; Stores
21     Clerk; Student Intern; Student Worker; Supervisor;
22     Supervisor & Assistant Scientist; Supervisor & Associate
23     Scientist; Switchboard Operator 1 through 3;
24     Administrative Assistant to the Superintendent; Assistant
25     Legal Advisor; Legal Assistant; Senior Human Resources
26     Specialist; Principal Internal Auditor; Division
27     Administrator; Division Supervisor; and Private Secretary
28     I through III; Actuary 1 through 3; Agriculture Marketing
29     Reporter; Apiary Inspector; App/Dry Goods Specialist I
30     through III; Appraisal Specialist Trainer; Check Issuance
31     Machine Operator; Check Issuance Machine Supervisor;
32     Corrections Leisure Activity Specialist 2 through 4;
33     Corrections Supply Supervisor I through III; Guard 1
34     through 3; Guard Supervisor; Information Tech/Com System

 

 

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1     Specialist 1 and 2; Police Officer I and II; Property &
2     Supply Clerk I through III; Reproductive Services
3     Supervisor 1; Reproductive Services Tech 1 through 3;
4     Security Guard 1; Security Officer; Security Officer
5     Chief; Security Officer Lieutenant; Security Officer Sgt;
6     and Volunteer Services Coordinator 1 through III.
7         (2) In addition, any position titles with the Speaker
8     of the House of Representatives, the Minority Leader of the
9     House of Representatives, the President of the Senate, the
10     Minority Leader of the Senate, the Attorney General, the
11     Secretary of State, the Comptroller, the Treasurer, the
12     Auditor General, the Supreme Court, the Court of Claims,
13     and each legislative agency are eligible for the
14     alternative retirement cancellation payment provided in
15     this Section.
16     (c) In lieu of any retirement annuity or other benefit
17 provided under this Article, a person who qualifies for and
18 elects to receive the alternative retirement cancellation
19 payment under this Section shall be entitled to receive a
20 one-time lump sum retirement cancellation payment equal to the
21 amount of his or her contributions to the System (including any
22 employee contributions for optional service credit and
23 including any employee contributions paid by the employer or
24 credited to the employee during disability) as of the date of
25 termination, with regular interest, multiplied by 2.
26     (d) Notwithstanding any other provision of this Article, a
27 person who receives an alternative retirement cancellation
28 payment under this Section thereby forfeits the right to any
29 other retirement or disability benefit or refund under this
30 Article, and no widow's, survivor's, or death benefit deriving
31 from that person shall be payable under this Article. Upon
32 accepting an alternative retirement cancellation payment under
33 this Section, the person's creditable service and all other
34 rights in the System are terminated for all purposes, except

 

 

09400SB1977ham002 - 129 - LRB094 11537 BDD 58773 a

1 for the purpose of determining State group life and health
2 benefits for the person and his or her survivors as provided
3 under the State Employees Group Insurance Act of 1971.
4     (e) To the extent permitted by federal law, a person who
5 receives an alternative retirement cancellation payment under
6 this Section may direct the System to pay all or a portion of
7 that payment as a rollover into another retirement plan or
8 account qualified under the Internal Revenue Code of 1986, as
9 amended.
10     (f) Notwithstanding Section 14-111, a person who has
11 received an alternative retirement cancellation payment under
12 this Section and who reenters service under this Article other
13 than as a temporary employee must repay to the System the
14 amount by which that alternative retirement cancellation
15 payment exceeded the amount of his or her refundable employee
16 contributions within 60 days of resuming employment under this
17 System. For the purposes of re-establishing creditable service
18 that was terminated upon election of the alternative retirement
19 cancellation payment, the portion of the alternative
20 retirement cancellation payment representing refundable
21 employee contributions shall be deemed a refund repayable in
22 accordance with Section 14-130.
23     (g) The Commission on Government Forecasting and
24 Accountability shall determine and report to the Governor and
25 the General Assembly, on or before January 1, 2008 2007, its
26 estimate of (1) the annual amount of payroll savings likely to
27 be realized by the State as a result of the early termination
28 of persons receiving the alternative retirement cancellation
29 payment under this Section and (2) the net annual savings or
30 cost to the State from the program of alternative retirement
31 cancellation payments under this Section.
32     The System, the Department of Central Management Services,
33 the Governor's Office of Management and Budget, and all other
34 departments shall provide to the Commission any assistance that

 

 

09400SB1977ham002 - 130 - LRB094 11537 BDD 58773 a

1 the Commission may request with respect to its report under
2 this Section. The Commission may require departments to provide
3 it with any information that it deems necessary or useful with
4 respect to its reports under this Section, including without
5 limitation information about (1) the final earnings of former
6 department employees who elected to receive alternative
7 retirement cancellation payments under this Section, (2) the
8 earnings of current department employees holding the positions
9 vacated by persons who elected to receive alternative
10 retirement cancellation payments under this Section, and (3)
11 positions vacated by persons who elected to receive alternative
12 retirement cancellation payments under this Section that have
13 not yet been refilled.
14 (Source: P.A. 94-109, eff. 7-1-05.)
 
15     (40 ILCS 5/14-131)   (from Ch. 108 1/2, par. 14-131)
16     Sec. 14-131. Contributions by State.
17     (a) The State shall make contributions to the System by
18 appropriations of amounts which, together with other employer
19 contributions from trust, federal, and other funds, employee
20 contributions, investment income, and other income, will be
21 sufficient to meet the cost of maintaining and administering
22 the System on a 90% funded basis in accordance with actuarial
23 recommendations.
24     For the purposes of this Section and Section 14-135.08,
25 references to State contributions refer only to employer
26 contributions and do not include employee contributions that
27 are picked up or otherwise paid by the State or a department on
28 behalf of the employee.
29     (b) The Board shall determine the total amount of State
30 contributions required for each fiscal year on the basis of the
31 actuarial tables and other assumptions adopted by the Board,
32 using the formula in subsection (e).
33     The Board shall also determine a State contribution rate

 

 

09400SB1977ham002 - 131 - LRB094 11537 BDD 58773 a

1 for each fiscal year, expressed as a percentage of payroll,
2 based on the total required State contribution for that fiscal
3 year (less the amount received by the System from
4 appropriations under Section 8.12 of the State Finance Act and
5 Section 1 of the State Pension Funds Continuing Appropriation
6 Act, if any, for the fiscal year ending on the June 30
7 immediately preceding the applicable November 15 certification
8 deadline), the estimated payroll (including all forms of
9 compensation) for personal services rendered by eligible
10 employees, and the recommendations of the actuary.
11     For the purposes of this Section and Section 14.1 of the
12 State Finance Act, the term "eligible employees" includes
13 employees who participate in the System, persons who may elect
14 to participate in the System but have not so elected, persons
15 who are serving a qualifying period that is required for
16 participation, and annuitants employed by a department as
17 described in subdivision (a)(1) or (a)(2) of Section 14-111.
18     (c) Contributions shall be made by the several departments
19 for each pay period by warrants drawn by the State Comptroller
20 against their respective funds or appropriations based upon
21 vouchers stating the amount to be so contributed. These amounts
22 shall be based on the full rate certified by the Board under
23 Section 14-135.08 for that fiscal year. From the effective date
24 of this amendatory Act of the 93rd General Assembly through the
25 payment of the final payroll from fiscal year 2004
26 appropriations, the several departments shall not make
27 contributions for the remainder of fiscal year 2004 but shall
28 instead make payments as required under subsection (a-1) of
29 Section 14.1 of the State Finance Act. The several departments
30 shall resume those contributions at the commencement of fiscal
31 year 2005.
32     (d) If an employee is paid from trust funds or federal
33 funds, the department or other employer shall pay employer
34 contributions from those funds to the System at the certified

 

 

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1 rate, unless the terms of the trust or the federal-State
2 agreement preclude the use of the funds for that purpose, in
3 which case the required employer contributions shall be paid by
4 the State. From the effective date of this amendatory Act of
5 the 93rd General Assembly through the payment of the final
6 payroll from fiscal year 2004 appropriations, the department or
7 other employer shall not pay contributions for the remainder of
8 fiscal year 2004 but shall instead make payments as required
9 under subsection (a-1) of Section 14.1 of the State Finance
10 Act. The department or other employer shall resume payment of
11 contributions at the commencement of fiscal year 2005.
12     (e) For State fiscal years 2011 through 2045, the minimum
13 contribution to the System to be made by the State for each
14 fiscal year shall be an amount determined by the System to be
15 sufficient to bring the total assets of the System up to 90% of
16 the total actuarial liabilities of the System by the end of
17 State fiscal year 2045. In making these determinations, the
18 required State contribution shall be calculated each year as a
19 level percentage of payroll over the years remaining to and
20 including fiscal year 2045 and shall be determined under the
21 projected unit credit actuarial cost method.
22     For State fiscal years 1996 through 2005, the State
23 contribution to the System, as a percentage of the applicable
24 employee payroll, shall be increased in equal annual increments
25 so that by State fiscal year 2011, the State is contributing at
26 the rate required under this Section; except that (i) for State
27 fiscal year 1998, for all purposes of this Code and any other
28 law of this State, the certified percentage of the applicable
29 employee payroll shall be 5.052% for employees earning eligible
30 creditable service under Section 14-110 and 6.500% for all
31 other employees, notwithstanding any contrary certification
32 made under Section 14-135.08 before the effective date of this
33 amendatory Act of 1997, and (ii) in the following specified
34 State fiscal years, the State contribution to the System shall

 

 

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1 not be less than the following indicated percentages of the
2 applicable employee payroll, even if the indicated percentage
3 will produce a State contribution in excess of the amount
4 otherwise required under this subsection and subsection (a):
5 9.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
6 2002; 10.6% in FY 2003; and 10.8% in FY 2004.
7     Notwithstanding any other provision of this Article, the
8 total required State contribution to the System for State
9 fiscal year 2006 is $203,783,900.
10     Notwithstanding any other provision of this Article, the
11 total required State contribution to the System for State
12 fiscal year 2007 is $344,164,400.
13     For each of State fiscal years 2008 through 2010, the State
14 contribution to the System, as a percentage of the applicable
15 employee payroll, shall be increased in equal annual increments
16 from the required State contribution for State fiscal year
17 2007, so that by State fiscal year 2011, the State is
18 contributing at the rate otherwise required under this Section.
19     Beginning in State fiscal year 2046, the minimum State
20 contribution for each fiscal year shall be the amount needed to
21 maintain the total assets of the System at 90% of the total
22 actuarial liabilities of the System.
23     Amounts received by the System pursuant to Section 25 of
24 the Budget Stabilization Act in any fiscal year do not reduce
25 and do not constitute payment of any portion of the minimum
26 State contribution required under this Article in that fiscal
27 year. Such amounts shall not reduce, and shall not be included
28 in the calculation of, the required State contributions under
29 this Article in any future year until the System has reached a
30 funding ratio of at least 90%. A reference in this Article to
31 the "required State contribution" or any substantially similar
32 term does not include or apply to any amounts payable to the
33 System under Section 25 of the Budget Stabilization Act.
34     Notwithstanding any other provision of this Section, the

 

 

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1 required State contribution for State fiscal year 2005 and for
2 fiscal year 2008 and each fiscal year thereafter, as calculated
3 under this Section and certified under Section 14-135.08, shall
4 not exceed an amount equal to (i) the amount of the required
5 State contribution that would have been calculated under this
6 Section for that fiscal year if the System had not received any
7 payments under subsection (d) of Section 7.2 of the General
8 Obligation Bond Act, minus (ii) the portion of the State's
9 total debt service payments for that fiscal year on the bonds
10 issued for the purposes of that Section 7.2, as determined and
11 certified by the Comptroller, that is the same as the System's
12 portion of the total moneys distributed under subsection (d) of
13 Section 7.2 of the General Obligation Bond Act. In determining
14 this maximum for State fiscal years 2008 through 2010, however,
15 the amount referred to in item (i) shall be increased, as a
16 percentage of the applicable employee payroll, in equal
17 increments calculated from the sum of the required State
18 contribution for State fiscal year 2007 plus the applicable
19 portion of the State's total debt service payments for fiscal
20 year 2007 on the bonds issued for the purposes of Section 7.2
21 of the General Obligation Bond Act, so that, by State fiscal
22 year 2011, the State is contributing at the rate otherwise
23 required under this Section.
24     (f) After the submission of all payments for eligible
25 employees from personal services line items in fiscal year 2004
26 have been made, the Comptroller shall provide to the System a
27 certification of the sum of all fiscal year 2004 expenditures
28 for personal services that would have been covered by payments
29 to the System under this Section if the provisions of this
30 amendatory Act of the 93rd General Assembly had not been
31 enacted. Upon receipt of the certification, the System shall
32 determine the amount due to the System based on the full rate
33 certified by the Board under Section 14-135.08 for fiscal year
34 2004 in order to meet the State's obligation under this

 

 

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1 Section. The System shall compare this amount due to the amount
2 received by the System in fiscal year 2004 through payments
3 under this Section and under Section 6z-61 of the State Finance
4 Act. If the amount due is more than the amount received, the
5 difference shall be termed the "Fiscal Year 2004 Shortfall" for
6 purposes of this Section, and the Fiscal Year 2004 Shortfall
7 shall be satisfied under Section 1.2 of the State Pension Funds
8 Continuing Appropriation Act. If the amount due is less than
9 the amount received, the difference shall be termed the "Fiscal
10 Year 2004 Overpayment" for purposes of this Section, and the
11 Fiscal Year 2004 Overpayment shall be repaid by the System to
12 the Pension Contribution Fund as soon as practicable after the
13 certification.
14 (Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4,
15 eff. 6-1-05.)
 
16     (40 ILCS 5/15-155)  (from Ch. 108 1/2, par. 15-155)
17     Sec. 15-155. Employer contributions.
18     (a) The State of Illinois shall make contributions by
19 appropriations of amounts which, together with the other
20 employer contributions from trust, federal, and other funds,
21 employee contributions, income from investments, and other
22 income of this System, will be sufficient to meet the cost of
23 maintaining and administering the System on a 90% funded basis
24 in accordance with actuarial recommendations.
25     The Board shall determine the amount of State contributions
26 required for each fiscal year on the basis of the actuarial
27 tables and other assumptions adopted by the Board and the
28 recommendations of the actuary, using the formula in subsection
29 (a-1).
30     (a-1) For State fiscal years 2011 through 2045, the minimum
31 contribution to the System to be made by the State for each
32 fiscal year shall be an amount determined by the System to be
33 sufficient to bring the total assets of the System up to 90% of

 

 

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1 the total actuarial liabilities of the System by the end of
2 State fiscal year 2045. In making these determinations, the
3 required State contribution shall be calculated each year as a
4 level percentage of payroll over the years remaining to and
5 including fiscal year 2045 and shall be determined under the
6 projected unit credit actuarial cost method.
7     For State fiscal years 1996 through 2005, the State
8 contribution to the System, as a percentage of the applicable
9 employee payroll, shall be increased in equal annual increments
10 so that by State fiscal year 2011, the State is contributing at
11 the rate required under this Section.
12     Notwithstanding any other provision of this Article, the
13 total required State contribution for State fiscal year 2006 is
14 $166,641,900.
15     Notwithstanding any other provision of this Article, the
16 total required State contribution for State fiscal year 2007 is
17 $252,064,100.
18     For each of State fiscal years 2008 through 2010, the State
19 contribution to the System, as a percentage of the applicable
20 employee payroll, shall be increased in equal annual increments
21 from the required State contribution for State fiscal year
22 2007, so that by State fiscal year 2011, the State is
23 contributing at the rate otherwise required under this Section.
24     Beginning in State fiscal year 2046, the minimum State
25 contribution for each fiscal year shall be the amount needed to
26 maintain the total assets of the System at 90% of the total
27 actuarial liabilities of the System.
28     Amounts received by the System pursuant to Section 25 of
29 the Budget Stabilization Act in any fiscal year do not reduce
30 and do not constitute payment of any portion of the minimum
31 State contribution required under this Article in that fiscal
32 year. Such amounts shall not reduce, and shall not be included
33 in the calculation of, the required State contributions under
34 this Article in any future year until the System has reached a

 

 

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1 funding ratio of at least 90%. A reference in this Article to
2 the "required State contribution" or any substantially similar
3 term does not include or apply to any amounts payable to the
4 System under Section 25 of the Budget Stabilization Act.
5     Notwithstanding any other provision of this Section, the
6 required State contribution for State fiscal year 2005 and for
7 fiscal year 2008 and each fiscal year thereafter, as calculated
8 under this Section and certified under Section 15-165, shall
9 not exceed an amount equal to (i) the amount of the required
10 State contribution that would have been calculated under this
11 Section for that fiscal year if the System had not received any
12 payments under subsection (d) of Section 7.2 of the General
13 Obligation Bond Act, minus (ii) the portion of the State's
14 total debt service payments for that fiscal year on the bonds
15 issued for the purposes of that Section 7.2, as determined and
16 certified by the Comptroller, that is the same as the System's
17 portion of the total moneys distributed under subsection (d) of
18 Section 7.2 of the General Obligation Bond Act. In determining
19 this maximum for State fiscal years 2008 through 2010, however,
20 the amount referred to in item (i) shall be increased, as a
21 percentage of the applicable employee payroll, in equal
22 increments calculated from the sum of the required State
23 contribution for State fiscal year 2007 plus the applicable
24 portion of the State's total debt service payments for fiscal
25 year 2007 on the bonds issued for the purposes of Section 7.2
26 of the General Obligation Bond Act, so that, by State fiscal
27 year 2011, the State is contributing at the rate otherwise
28 required under this Section.
29     (b) If an employee is paid from trust or federal funds, the
30 employer shall pay to the Board contributions from those funds
31 which are sufficient to cover the accruing normal costs on
32 behalf of the employee. However, universities having employees
33 who are compensated out of local auxiliary funds, income funds,
34 or service enterprise funds are not required to pay such

 

 

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1 contributions on behalf of those employees. The local auxiliary
2 funds, income funds, and service enterprise funds of
3 universities shall not be considered trust funds for the
4 purpose of this Article, but funds of alumni associations,
5 foundations, and athletic associations which are affiliated
6 with the universities included as employers under this Article
7 and other employers which do not receive State appropriations
8 are considered to be trust funds for the purpose of this
9 Article.
10     (b-1) The City of Urbana and the City of Champaign shall
11 each make employer contributions to this System for their
12 respective firefighter employees who participate in this
13 System pursuant to subsection (h) of Section 15-107. The rate
14 of contributions to be made by those municipalities shall be
15 determined annually by the Board on the basis of the actuarial
16 assumptions adopted by the Board and the recommendations of the
17 actuary, and shall be expressed as a percentage of salary for
18 each such employee. The Board shall certify the rate to the
19 affected municipalities as soon as may be practical. The
20 employer contributions required under this subsection shall be
21 remitted by the municipality to the System at the same time and
22 in the same manner as employee contributions.
23     (c) Through State fiscal year 1995: The total employer
24 contribution shall be apportioned among the various funds of
25 the State and other employers, whether trust, federal, or other
26 funds, in accordance with actuarial procedures approved by the
27 Board. State of Illinois contributions for employers receiving
28 State appropriations for personal services shall be payable
29 from appropriations made to the employers or to the System. The
30 contributions for Class I community colleges covering earnings
31 other than those paid from trust and federal funds, shall be
32 payable solely from appropriations to the Illinois Community
33 College Board or the System for employer contributions.
34     (d) Beginning in State fiscal year 1996, the required State

 

 

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1 contributions to the System shall be appropriated directly to
2 the System and shall be payable through vouchers issued in
3 accordance with subsection (c) of Section 15-165, except as
4 provided in subsection (g).
5     (e) The State Comptroller shall draw warrants payable to
6 the System upon proper certification by the System or by the
7 employer in accordance with the appropriation laws and this
8 Code.
9     (f) Normal costs under this Section means liability for
10 pensions and other benefits which accrues to the System because
11 of the credits earned for service rendered by the participants
12 during the fiscal year and expenses of administering the
13 System, but shall not include the principal of or any
14 redemption premium or interest on any bonds issued by the Board
15 or any expenses incurred or deposits required in connection
16 therewith.
17     (g) If the amount of a participant's earnings for any
18 academic year used to determine the final rate of earnings
19 exceeds the amount of his or her earnings with the same
20 employer for the previous academic year by more than 6%, the
21 participant's employer shall pay to the System, in addition to
22 all other payments required under this Section and in
23 accordance with guidelines established by the System, the
24 present value of the increase in benefits resulting from the
25 portion of the increase in earnings that is in excess of 6%.
26 This present value shall be computed by the System on the basis
27 of the actuarial assumptions and tables used in the most recent
28 actuarial valuation of the System that is available at the time
29 of the computation. The employer contributions required under
30 this subsection (g) shall be paid in the form of a lump sum
31 within 30 days after receipt of the bill after the participant
32 begins receiving benefits under this Article.
33     The provisions of this subsection (g) do not apply to
34 earnings increases paid to participants under contracts or

 

 

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1 collective bargaining agreements entered into, amended, or
2 renewed before the effective date of this amendatory Act of the
3 94th General Assembly.
4 (Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)
 
5     (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
6     Sec. 16-158. Contributions by State and other employing
7 units.
8     (a) The State shall make contributions to the System by
9 means of appropriations from the Common School Fund and other
10 State funds of amounts which, together with other employer
11 contributions, employee contributions, investment income, and
12 other income, will be sufficient to meet the cost of
13 maintaining and administering the System on a 90% funded basis
14 in accordance with actuarial recommendations.
15     The Board shall determine the amount of State contributions
16 required for each fiscal year on the basis of the actuarial
17 tables and other assumptions adopted by the Board and the
18 recommendations of the actuary, using the formula in subsection
19 (b-3).
20     (a-1) Annually, on or before November 15, the Board shall
21 certify to the Governor the amount of the required State
22 contribution for the coming fiscal year. The certification
23 shall include a copy of the actuarial recommendations upon
24 which it is based.
25     On or before May 1, 2004, the Board shall recalculate and
26 recertify to the Governor the amount of the required State
27 contribution to the System for State fiscal year 2005, taking
28 into account the amounts appropriated to and received by the
29 System under subsection (d) of Section 7.2 of the General
30 Obligation Bond Act.
31     On or before July 1, 2005, the Board shall recalculate and
32 recertify to the Governor the amount of the required State
33 contribution to the System for State fiscal year 2006, taking

 

 

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1 into account the changes in required State contributions made
2 by this amendatory Act of the 94th General Assembly.
3     (b) Through State fiscal year 1995, the State contributions
4 shall be paid to the System in accordance with Section 18-7 of
5 the School Code.
6     (b-1) Beginning in State fiscal year 1996, on the 15th day
7 of each month, or as soon thereafter as may be practicable, the
8 Board shall submit vouchers for payment of State contributions
9 to the System, in a total monthly amount of one-twelfth of the
10 required annual State contribution certified under subsection
11 (a-1). From the effective date of this amendatory Act of the
12 93rd General Assembly through June 30, 2004, the Board shall
13 not submit vouchers for the remainder of fiscal year 2004 in
14 excess of the fiscal year 2004 certified contribution amount
15 determined under this Section after taking into consideration
16 the transfer to the System under subsection (a) of Section
17 6z-61 of the State Finance Act. These vouchers shall be paid by
18 the State Comptroller and Treasurer by warrants drawn on the
19 funds appropriated to the System for that fiscal year.
20     If in any month the amount remaining unexpended from all
21 other appropriations to the System for the applicable fiscal
22 year (including the appropriations to the System under Section
23 8.12 of the State Finance Act and Section 1 of the State
24 Pension Funds Continuing Appropriation Act) is less than the
25 amount lawfully vouchered under this subsection, the
26 difference shall be paid from the Common School Fund under the
27 continuing appropriation authority provided in Section 1.1 of
28 the State Pension Funds Continuing Appropriation Act.
29     (b-2) Allocations from the Common School Fund apportioned
30 to school districts not coming under this System shall not be
31 diminished or affected by the provisions of this Article.
32     (b-3) For State fiscal years 2011 through 2045, the minimum
33 contribution to the System to be made by the State for each
34 fiscal year shall be an amount determined by the System to be

 

 

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1 sufficient to bring the total assets of the System up to 90% of
2 the total actuarial liabilities of the System by the end of
3 State fiscal year 2045. In making these determinations, the
4 required State contribution shall be calculated each year as a
5 level percentage of payroll over the years remaining to and
6 including fiscal year 2045 and shall be determined under the
7 projected unit credit actuarial cost method.
8     For State fiscal years 1996 through 2005, the State
9 contribution to the System, as a percentage of the applicable
10 employee payroll, shall be increased in equal annual increments
11 so that by State fiscal year 2011, the State is contributing at
12 the rate required under this Section; except that in the
13 following specified State fiscal years, the State contribution
14 to the System shall not be less than the following indicated
15 percentages of the applicable employee payroll, even if the
16 indicated percentage will produce a State contribution in
17 excess of the amount otherwise required under this subsection
18 and subsection (a), and notwithstanding any contrary
19 certification made under subsection (a-1) before the effective
20 date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
21 in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
22 2003; and 13.56% in FY 2004.
23     Notwithstanding any other provision of this Article, the
24 total required State contribution for State fiscal year 2006 is
25 $534,627,700.
26     Notwithstanding any other provision of this Article, the
27 total required State contribution for State fiscal year 2007 is
28 $738,014,500.
29     For each of State fiscal years 2008 through 2010, the State
30 contribution to the System, as a percentage of the applicable
31 employee payroll, shall be increased in equal annual increments
32 from the required State contribution for State fiscal year
33 2007, so that by State fiscal year 2011, the State is
34 contributing at the rate otherwise required under this Section.

 

 

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1     Beginning in State fiscal year 2046, the minimum State
2 contribution for each fiscal year shall be the amount needed to
3 maintain the total assets of the System at 90% of the total
4 actuarial liabilities of the System.
5     Amounts received by the System pursuant to Section 25 of
6 the Budget Stabilization Act in any fiscal year do not reduce
7 and do not constitute payment of any portion of the minimum
8 State contribution required under this Article in that fiscal
9 year. Such amounts shall not reduce, and shall not be included
10 in the calculation of, the required State contributions under
11 this Article in any future year until the System has reached a
12 funding ratio of at least 90%. A reference in this Article to
13 the "required State contribution" or any substantially similar
14 term does not include or apply to any amounts payable to the
15 System under Section 25 of the Budget Stabilization Act.
16     Notwithstanding any other provision of this Section, the
17 required State contribution for State fiscal year 2005 and for
18 fiscal year 2008 and each fiscal year thereafter, as calculated
19 under this Section and certified under subsection (a-1), shall
20 not exceed an amount equal to (i) the amount of the required
21 State contribution that would have been calculated under this
22 Section for that fiscal year if the System had not received any
23 payments under subsection (d) of Section 7.2 of the General
24 Obligation Bond Act, minus (ii) the portion of the State's
25 total debt service payments for that fiscal year on the bonds
26 issued for the purposes of that Section 7.2, as determined and
27 certified by the Comptroller, that is the same as the System's
28 portion of the total moneys distributed under subsection (d) of
29 Section 7.2 of the General Obligation Bond Act. In determining
30 this maximum for State fiscal years 2008 through 2010, however,
31 the amount referred to in item (i) shall be increased, as a
32 percentage of the applicable employee payroll, in equal
33 increments calculated from the sum of the required State
34 contribution for State fiscal year 2007 plus the applicable

 

 

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1 portion of the State's total debt service payments for fiscal
2 year 2007 on the bonds issued for the purposes of Section 7.2
3 of the General Obligation Bond Act, so that, by State fiscal
4 year 2011, the State is contributing at the rate otherwise
5 required under this Section.
6     (c) Payment of the required State contributions and of all
7 pensions, retirement annuities, death benefits, refunds, and
8 other benefits granted under or assumed by this System, and all
9 expenses in connection with the administration and operation
10 thereof, are obligations of the State.
11     If members are paid from special trust or federal funds
12 which are administered by the employing unit, whether school
13 district or other unit, the employing unit shall pay to the
14 System from such funds the full accruing retirement costs based
15 upon that service, as determined by the System. Employer
16 contributions, based on salary paid to members from federal
17 funds, may be forwarded by the distributing agency of the State
18 of Illinois to the System prior to allocation, in an amount
19 determined in accordance with guidelines established by such
20 agency and the System.
21     (d) Effective July 1, 1986, any employer of a teacher as
22 defined in paragraph (8) of Section 16-106 shall pay the
23 employer's normal cost of benefits based upon the teacher's
24 service, in addition to employee contributions, as determined
25 by the System. Such employer contributions shall be forwarded
26 monthly in accordance with guidelines established by the
27 System.
28     However, with respect to benefits granted under Section
29 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
30 of Section 16-106, the employer's contribution shall be 12%
31 (rather than 20%) of the member's highest annual salary rate
32 for each year of creditable service granted, and the employer
33 shall also pay the required employee contribution on behalf of
34 the teacher. For the purposes of Sections 16-133.4 and

 

 

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1 16-133.5, a teacher as defined in paragraph (8) of Section
2 16-106 who is serving in that capacity while on leave of
3 absence from another employer under this Article shall not be
4 considered an employee of the employer from which the teacher
5 is on leave.
6     (e) Beginning July 1, 1998, every employer of a teacher
7 shall pay to the System an employer contribution computed as
8 follows:
9         (1) Beginning July 1, 1998 through June 30, 1999, the
10     employer contribution shall be equal to 0.3% of each
11     teacher's salary.
12         (2) Beginning July 1, 1999 and thereafter, the employer
13     contribution shall be equal to 0.58% of each teacher's
14     salary.
15 The school district or other employing unit may pay these
16 employer contributions out of any source of funding available
17 for that purpose and shall forward the contributions to the
18 System on the schedule established for the payment of member
19 contributions.
20     These employer contributions are intended to offset a
21 portion of the cost to the System of the increases in
22 retirement benefits resulting from this amendatory Act of 1998.
23     Each employer of teachers is entitled to a credit against
24 the contributions required under this subsection (e) with
25 respect to salaries paid to teachers for the period January 1,
26 2002 through June 30, 2003, equal to the amount paid by that
27 employer under subsection (a-5) of Section 6.6 of the State
28 Employees Group Insurance Act of 1971 with respect to salaries
29 paid to teachers for that period.
30     The additional 1% employee contribution required under
31 Section 16-152 by this amendatory Act of 1998 is the
32 responsibility of the teacher and not the teacher's employer,
33 unless the employer agrees, through collective bargaining or
34 otherwise, to make the contribution on behalf of the teacher.

 

 

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1     If an employer is required by a contract in effect on May
2 1, 1998 between the employer and an employee organization to
3 pay, on behalf of all its full-time employees covered by this
4 Article, all mandatory employee contributions required under
5 this Article, then the employer shall be excused from paying
6 the employer contribution required under this subsection (e)
7 for the balance of the term of that contract. The employer and
8 the employee organization shall jointly certify to the System
9 the existence of the contractual requirement, in such form as
10 the System may prescribe. This exclusion shall cease upon the
11 termination, extension, or renewal of the contract at any time
12 after May 1, 1998.
13     (f) If the amount of a teacher's salary for any school year
14 used to determine final average salary exceeds the amount of
15 his or her salary with the same employer for the previous
16 school year by more than 6%, the teacher's employer shall pay
17 to the System, in addition to all other payments required under
18 this Section and in accordance with guidelines established by
19 the System, the present value of the increase in benefits
20 resulting from the portion of the increase in salary that is in
21 excess of 6%. This present value shall be computed by the
22 System on the basis of the actuarial assumptions and tables
23 used in the most recent actuarial valuation of the System that
24 is available at the time of the computation. The employer
25 contributions required under this subsection (f) shall be paid
26 in the form of a lump sum within 30 days after receipt of the
27 bill after the teacher begins receiving benefits under this
28 Article.
29     The provisions of this subsection (f) do not apply to
30 salary increases paid to teachers under contracts or collective
31 bargaining agreements entered into, amended, or renewed before
32 the effective date of this amendatory Act of the 94th General
33 Assembly.
34 (Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4,

 

 

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1 eff. 6-1-05.)
 
2     (40 ILCS 5/18-131)  (from Ch. 108 1/2, par. 18-131)
3     Sec. 18-131. Financing; employer contributions.
4     (a) The State of Illinois shall make contributions to this
5 System by appropriations of the amounts which, together with
6 the contributions of participants, net earnings on
7 investments, and other income, will meet the costs of
8 maintaining and administering this System on a 90% funded basis
9 in accordance with actuarial recommendations.
10     (b) The Board shall determine the amount of State
11 contributions required for each fiscal year on the basis of the
12 actuarial tables and other assumptions adopted by the Board and
13 the prescribed rate of interest, using the formula in
14 subsection (c).
15     (c) For State fiscal years 2011 through 2045, the minimum
16 contribution to the System to be made by the State for each
17 fiscal year shall be an amount determined by the System to be
18 sufficient to bring the total assets of the System up to 90% of
19 the total actuarial liabilities of the System by the end of
20 State fiscal year 2045. In making these determinations, the
21 required State contribution shall be calculated each year as a
22 level percentage of payroll over the years remaining to and
23 including fiscal year 2045 and shall be determined under the
24 projected unit credit actuarial cost method.
25     For State fiscal years 1996 through 2005, the State
26 contribution to the System, as a percentage of the applicable
27 employee payroll, shall be increased in equal annual increments
28 so that by State fiscal year 2011, the State is contributing at
29 the rate required under this Section.
30     Notwithstanding any other provision of this Article, the
31 total required State contribution for State fiscal year 2006 is
32 $29,189,400.
33     Notwithstanding any other provision of this Article, the

 

 

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1 total required State contribution for State fiscal year 2007 is
2 $35,236,800.
3     For each of State fiscal years 2008 through 2010, the State
4 contribution to the System, as a percentage of the applicable
5 employee payroll, shall be increased in equal annual increments
6 from the required State contribution for State fiscal year
7 2007, so that by State fiscal year 2011, the State is
8 contributing at the rate otherwise required under this Section.
9     Beginning in State fiscal year 2046, the minimum State
10 contribution for each fiscal year shall be the amount needed to
11 maintain the total assets of the System at 90% of the total
12 actuarial liabilities of the System.
13     Amounts received by the System pursuant to Section 25 of
14 the Budget Stabilization Act in any fiscal year do not reduce
15 and do not constitute payment of any portion of the minimum
16 State contribution required under this Article in that fiscal
17 year. Such amounts shall not reduce, and shall not be included
18 in the calculation of, the required State contributions under
19 this Article in any future year until the System has reached a
20 funding ratio of at least 90%. A reference in this Article to
21 the "required State contribution" or any substantially similar
22 term does not include or apply to any amounts payable to the
23 System under Section 25 of the Budget Stabilization Act.
24     Notwithstanding any other provision of this Section, the
25 required State contribution for State fiscal year 2005 and for
26 fiscal year 2008 and each fiscal year thereafter, as calculated
27 under this Section and certified under Section 18-140, shall
28 not exceed an amount equal to (i) the amount of the required
29 State contribution that would have been calculated under this
30 Section for that fiscal year if the System had not received any
31 payments under subsection (d) of Section 7.2 of the General
32 Obligation Bond Act, minus (ii) the portion of the State's
33 total debt service payments for that fiscal year on the bonds
34 issued for the purposes of that Section 7.2, as determined and

 

 

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1 certified by the Comptroller, that is the same as the System's
2 portion of the total moneys distributed under subsection (d) of
3 Section 7.2 of the General Obligation Bond Act. In determining
4 this maximum for State fiscal years 2008 through 2010, however,
5 the amount referred to in item (i) shall be increased, as a
6 percentage of the applicable employee payroll, in equal
7 increments calculated from the sum of the required State
8 contribution for State fiscal year 2007 plus the applicable
9 portion of the State's total debt service payments for fiscal
10 year 2007 on the bonds issued for the purposes of Section 7.2
11 of the General Obligation Bond Act, so that, by State fiscal
12 year 2011, the State is contributing at the rate otherwise
13 required under this Section.
14 (Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)
 
15     Section 5-71. The State Pension Funds Continuing
16 Appropriation Act is amended by adding Section 1.7 as follows:
 
17     (40 ILCS 15/1.7 new)
18     Sec. 1.7. Appropriations from the Pension Stabilization
19 Fund.
20     (a) All of the moneys deposited from time to time into the
21 Pension Stabilization Fund are hereby appropriated, on a
22 continuing basis, to the State Comptroller for the purpose of
23 making distributions to the designated retirement systems as
24 provided in Section 25 of the Budget Stabilization Act.
25     (b) The appropriations made under this Section are in
26 addition to, and do not affect, the amounts subject to
27 appropriation under any other Section of this Act.
 
28     Section 5-72. The Regional Transportation Authority Act is
29 amended by changing Section 4.13 as follows:
 
30     (70 ILCS 3615/4.13)  (from Ch. 111 2/3, par. 704.13)

 

 

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1     Sec. 4.13. Annual Capital Improvement Plan.
2     (a) With respect to each calendar year, the Authority shall
3 prepare as part of its Five Year Program an Annual Capital
4 Improvement Plan (the "Plan") which shall describe its intended
5 development and implementation of the Strategic Capital
6 Improvement Program. The Plan shall include the following
7 information:
8         (i) a list of projects for which approval is sought
9     from the Governor, with a description of each project
10     stating at a minimum the project cost, its category, its
11     location and the entity responsible for its
12     implementation;
13         (ii) a certification by the Authority that the
14     Authority and the Service Boards have applied for all
15     grants, loans and other moneys made available by the
16     federal government or the State of Illinois during the
17     preceding federal and State fiscal years for financing its
18     capital development activities;
19         (iii) a certification that, as of September 30 of the
20     preceding calendar year or any later date, the balance of
21     all federal capital grant funds and all other funds to be
22     used as matching funds therefor which were committed to or
23     possessed by the Authority or a Service Board but which had
24     not been obligated was less than $350,000,000, or a greater
25     amount as authorized in writing by the Governor (for
26     purposes of this subsection (a), "obligated" means
27     committed to be paid by the Authority or a Service Board
28     under a contract with a nongovernmental entity in
29     connection with the performance of a project or committed
30     under a force account plan approved by the federal
31     government);
32         (iv) a certification that the Authority has adopted a
33     balanced budget with respect to such calendar year under
34     Section 4.01 of this Act;

 

 

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1         (v) a schedule of all bonds or notes previously issued
2     for Strategic Capital Improvement Projects and all debt
3     service payments to be made with respect to all such bonds
4     and the estimated additional debt service payments through
5     June 30 of the following calendar year expected to result
6     from bonds to be sold prior thereto;
7         (vi) a long-range summary of the Strategic Capital
8     Improvement Program describing the projects to be funded
9     through the Program with respect to project cost, category,
10     location, and implementing entity, and presenting a
11     financial plan including an estimated time schedule for
12     obligating funds for the performance of approved projects,
13     issuing bonds, expending bond proceeds and paying debt
14     service throughout the duration of the Program; and
15         (vii) the source of funding for each project in the
16     Plan. For any project for which full funding has not yet
17     been secured and which is not subject to a federal full
18     funding contract, the Authority must identify alternative,
19     dedicated funding sources available to complete the
20     project. The Governor may waive this requirement on a
21     project by project basis.
22     (b) The Authority shall submit the Plan with respect to any
23 calendar year to the Governor on or before January 15 of that
24 year, or as soon as possible thereafter; provided, however,
25 that the Plan shall be adopted on the affirmative votes of 9 of
26 the then Directors. The Plan may be revised or amended at any
27 time, but any revision in the projects approved shall require
28 the Governor's approval.
29     (c) The Authority shall seek approval from the Governor
30 only through the Plan or an amendment thereto. The Authority
31 shall not request approval of the Plan from the Governor in any
32 calendar year in which it is unable to make the certifications
33 required under items (ii), (iii) and (iv) of subsection (a). In
34 no event shall the Authority seek approval of the Plan from the

 

 

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1 Governor for projects in an aggregate amount exceeding the
2 proceeds of authorization for bonds or notes for Strategic
3 Capital Improvement Projects issued under Section 4.04 of this
4 Act.
5     (d) The Governor may approve the Plan for which approval is
6 requested. The Governor's approval is limited to the amount of
7 the project cost stated in the Plan. The Governor shall not
8 approve the Plan in a calendar year if the Authority is unable
9 to make the certifications required under items (ii), (iii) and
10 (iv) of subsection (a). In no event shall the Governor approve
11 the Plan for projects in an aggregate amount exceeding the
12 proceeds of authorization for bonds or notes for Strategic
13 Capital Improvement Projects issued under Section 4.04 of this
14 Act.
15     (e) With respect to capital improvements, only those
16 capital improvements which are in a Plan approved by the
17 Governor shall be financed with the proceeds of bonds or notes
18 issued for Strategic Capital Improvement Projects.
19     (f) Before the Authority or a Service Board obligates any
20 funds for a project for which the Authority or Service Board
21 intends to use the proceeds of bonds or notes for Strategic
22 Capital Improvement Projects, but which project is not included
23 in an approved Plan, the Authority must notify the Governor of
24 the intended obligation. No project costs incurred prior to
25 approval of the Plan including that project may be paid from
26 the proceeds of bonds or notes for Strategic Capital
27 Improvement Projects issued under Section 4.04 of this Act.
28 (Source: P.A. 91-37, eff. 7-1-99.)
 
29     Section 5-73. The School Code is amended by changing
30 Section 3-12 as follows:
 
31     (105 ILCS 5/3-12)  (from Ch. 122, par. 3-12)
32     Sec. 3-12. Institute fund.

 

 

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1     (a) All certificate registration fees and a portion of
2 renewal and duplicate fees shall be kept by the regional
3 superintendent as described in Section 21-16 of this Code,
4 together with a record of the names of the persons paying them.
5 Such fees shall be deposited into the institute fund and shall
6 be used by the regional superintendent to defray expenses
7 associated with the work of the regional professional
8 development review committees established pursuant to
9 paragraph (2) of subsection (g) of Section 21-14 of this Code
10 to advise the regional superintendent, upon his or her request,
11 and to hear appeals relating to the renewal of teaching
12 certificates, in accordance with Section 21-14 of this Code; to
13 defray expenses connected with improving the technology
14 necessary for the efficient processing of certificates; to
15 defray expenses incidental to teachers' institutes, workshops
16 or meetings of a professional nature that are designed to
17 promote the professional growth of teachers or for the purpose
18 of defraying the expense of any general or special meeting of
19 teachers or school personnel of the region, which has been
20 approved by the regional superintendent.
21     (b) In addition to the use of moneys in the institute fund
22 to defray expenses under subsection (a) of this Section, the
23 State Superintendent of Education, as authorized under Section
24 2-3.105 of this Code, shall use moneys in the institute fund to
25 defray all costs associated with the administration of teaching
26 certificates within a city having a population exceeding
27 500,000.
28     (c) The regional superintendent shall on or before January
29 1 of each year publish in a newspaper of general circulation
30 published in the region or shall post in each school building
31 under his jurisdiction an accounting of (1) the balance on hand
32 in the Institute fund at the beginning of the previous year;
33 (2) all receipts within the previous year deposited in the
34 fund, with the sources from which they were derived; (3) the

 

 

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1 amount distributed from the fund and the purposes for which
2 such distributions were made; and (4) the balance on hand in
3 the fund.
4 (Source: P.A. 91-102, eff. 7-12-99.)
 
5     Section 5-75. The Riverboat Gambling Act is amended by
6 changing Section 13 as follows:
 
7     (230 ILCS 10/13)  (from Ch. 120, par. 2413)
8     Sec. 13. Wagering tax; rate; distribution.
9     (a) Until January 1, 1998, a tax is imposed on the adjusted
10 gross receipts received from gambling games authorized under
11 this Act at the rate of 20%.
12     (a-1) From January 1, 1998 until July 1, 2002, a privilege
13 tax is imposed on persons engaged in the business of conducting
14 riverboat gambling operations, based on the adjusted gross
15 receipts received by a licensed owner from gambling games
16 authorized under this Act at the following rates:
17         15% of annual adjusted gross receipts up to and
18     including $25,000,000;
19         20% of annual adjusted gross receipts in excess of
20     $25,000,000 but not exceeding $50,000,000;
21         25% of annual adjusted gross receipts in excess of
22     $50,000,000 but not exceeding $75,000,000;
23         30% of annual adjusted gross receipts in excess of
24     $75,000,000 but not exceeding $100,000,000;
25         35% of annual adjusted gross receipts in excess of
26     $100,000,000.
27     (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
28 is imposed on persons engaged in the business of conducting
29 riverboat gambling operations, other than licensed managers
30 conducting riverboat gambling operations on behalf of the
31 State, based on the adjusted gross receipts received by a
32 licensed owner from gambling games authorized under this Act at

 

 

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1 the following rates:
2         15% of annual adjusted gross receipts up to and
3     including $25,000,000;
4         22.5% of annual adjusted gross receipts in excess of
5     $25,000,000 but not exceeding $50,000,000;
6         27.5% of annual adjusted gross receipts in excess of
7     $50,000,000 but not exceeding $75,000,000;
8         32.5% of annual adjusted gross receipts in excess of
9     $75,000,000 but not exceeding $100,000,000;
10         37.5% of annual adjusted gross receipts in excess of
11     $100,000,000 but not exceeding $150,000,000;
12         45% of annual adjusted gross receipts in excess of
13     $150,000,000 but not exceeding $200,000,000;
14         50% of annual adjusted gross receipts in excess of
15     $200,000,000.
16     (a-3) Beginning July 1, 2003, a privilege tax is imposed on
17 persons engaged in the business of conducting riverboat
18 gambling operations, other than licensed managers conducting
19 riverboat gambling operations on behalf of the State, based on
20 the adjusted gross receipts received by a licensed owner from
21 gambling games authorized under this Act at the following
22 rates:
23         15% of annual adjusted gross receipts up to and
24     including $25,000,000;
25         27.5% of annual adjusted gross receipts in excess of
26     $25,000,000 but not exceeding $37,500,000;
27         32.5% of annual adjusted gross receipts in excess of
28     $37,500,000 but not exceeding $50,000,000;
29         37.5% of annual adjusted gross receipts in excess of
30     $50,000,000 but not exceeding $75,000,000;
31         45% of annual adjusted gross receipts in excess of
32     $75,000,000 but not exceeding $100,000,000;
33         50% of annual adjusted gross receipts in excess of
34     $100,000,000 but not exceeding $250,000,000;

 

 

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1         70% of annual adjusted gross receipts in excess of
2     $250,000,000.
3     An amount equal to the amount of wagering taxes collected
4 under this subsection (a-3) that are in addition to the amount
5 of wagering taxes that would have been collected if the
6 wagering tax rates under subsection (a-2) were in effect shall
7 be paid into the Common School Fund.
8     The privilege tax imposed under this subsection (a-3) shall
9 no longer be imposed beginning on the earlier of (i) July 1,
10 2005; (ii) the first date after June 20, 2003 that riverboat
11 gambling operations are conducted pursuant to a dormant
12 license; or (iii) the first day that riverboat gambling
13 operations are conducted under the authority of an owners
14 license that is in addition to the 10 owners licenses initially
15 authorized under this Act. For the purposes of this subsection
16 (a-3), the term "dormant license" means an owners license that
17 is authorized by this Act under which no riverboat gambling
18 operations are being conducted on June 20, 2003.
19     (a-4) Beginning on the first day on which the tax imposed
20 under subsection (a-3) is no longer imposed, a privilege tax is
21 imposed on persons engaged in the business of conducting
22 riverboat gambling operations, other than licensed managers
23 conducting riverboat gambling operations on behalf of the
24 State, based on the adjusted gross receipts received by a
25 licensed owner from gambling games authorized under this Act at
26 the following rates:
27         15% of annual adjusted gross receipts up to and
28     including $25,000,000;
29         22.5% of annual adjusted gross receipts in excess of
30     $25,000,000 but not exceeding $50,000,000;
31         27.5% of annual adjusted gross receipts in excess of
32     $50,000,000 but not exceeding $75,000,000;
33         32.5% of annual adjusted gross receipts in excess of
34     $75,000,000 but not exceeding $100,000,000;

 

 

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1         37.5% of annual adjusted gross receipts in excess of
2     $100,000,000 but not exceeding $150,000,000;
3         45% of annual adjusted gross receipts in excess of
4     $150,000,000 but not exceeding $200,000,000;
5         50% of annual adjusted gross receipts in excess of
6     $200,000,000.
7     (a-8) Riverboat gambling operations conducted by a
8 licensed manager on behalf of the State are not subject to the
9 tax imposed under this Section.
10     (a-10) The taxes imposed by this Section shall be paid by
11 the licensed owner to the Board not later than 3:00 o'clock
12 p.m. of the day after the day when the wagers were made.
13     (a-15) If the privilege tax imposed under subsection (a-3)
14 is no longer imposed pursuant to item (i) of the last paragraph
15 of subsection (a-3), then by June 15 of each year, each owners
16 licensee, other than an owners licensee that admitted 1,000,000
17 persons or fewer in calendar year 2004, must, in addition to
18 the payment of all amounts otherwise due under this Section,
19 pay to the Board a reconciliation payment in the amount, if
20 any, by which the licensed owner's base amount for the licensed
21 owner exceeds the amount of net privilege tax paid under this
22 Section by the licensed owner to the Board in the then current
23 State fiscal year. A licensed owner's net privilege tax
24 obligation due for the balance of the State fiscal year shall
25 be reduced up to the total of the amount paid by the licensed
26 owner in its June 15 reconciliation payment. The obligation
27 imposed by this subsection (a-15) is binding on any person,
28 firm, corporation, or other entity that acquires an ownership
29 interest in any such owners license. The obligation imposed
30 under this subsection (a-15) terminates on the earliest of: (i)
31 July 1, 2007, (ii) the first day after the effective date of
32 this amendatory Act of the 94th General Assembly that riverboat
33 gambling operations are conducted pursuant to a dormant
34 license, (iii) the first day that riverboat gambling operations

 

 

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1 are conducted under the authority of an owners license that is
2 in addition to the 10 owners licenses initially authorized
3 under this Act, or (iv) the first day that a licensee under the
4 Illinois Horse Racing Act of 1975 conducts gaming operations
5 with slot machines or other electronic gaming devices. The
6 Board must reduce the obligation imposed under this subsection
7 (a-15) by an amount the Board deems reasonable for any of the
8 following reasons: (A) an act or acts of God, (B) an act of
9 bioterrorism or terrorism or a bioterrorism or terrorism threat
10 that was investigated by a law enforcement agency, or (C) a
11 condition beyond the control of the owners licensee that does
12 not result from any act or omission by the owners licensee or
13 any of its agents and that poses a hazardous threat to the
14 health and safety of patrons. If an owners licensee pays an
15 amount in excess of its liability under this Section, the Board
16 shall apply the overpayment to future payments required under
17 this Section.
18     For purposes of this subsection (a-15):
19     "Act of God" means an incident caused by the operation of
20 an extraordinary force that cannot be foreseen, that cannot be
21 avoided by the exercise of due care, and for which no person
22 can be held liable.
23     "Base amount" means the following:
24         For a riverboat in Alton, $31,000,000.
25         For a riverboat in East Peoria, $43,000,000.
26         For the Empress riverboat in Joliet, $86,000,000.
27         For a riverboat in Metropolis, $45,000,000.
28         For the Harrah's riverboat in Joliet, $114,000,000.
29         For a riverboat in Aurora, $86,000,000.
30         For a riverboat in East St. Louis, $48,500,000.
31         For a riverboat in Elgin, $198,000,000.
32     "Dormant license" has the meaning ascribed to it in
33 subsection (a-3).
34     "Net privilege tax" means all privilege taxes paid by a

 

 

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1 licensed owner to the Board under this Section, less all
2 payments made from the State Gaming Fund pursuant to subsection
3 (b) of this Section.
4     The changes made to this subsection (a-15) by this
5 amendatory Act of the 94th General Assembly are intended to
6 restate and clarify the intent of Public Act 94-673 with
7 respect to the amount of the payments required to be made under
8 this subsection by an owners licensee to the Board.
9     (b) Until January 1, 1998, 25% of the tax revenue deposited
10 in the State Gaming Fund under this Section shall be paid,
11 subject to appropriation by the General Assembly, to the unit
12 of local government which is designated as the home dock of the
13 riverboat. Beginning January 1, 1998, from the tax revenue
14 deposited in the State Gaming Fund under this Section, an
15 amount equal to 5% of adjusted gross receipts generated by a
16 riverboat shall be paid monthly, subject to appropriation by
17 the General Assembly, to the unit of local government that is
18 designated as the home dock of the riverboat. From the tax
19 revenue deposited in the State Gaming Fund pursuant to
20 riverboat gambling operations conducted by a licensed manager
21 on behalf of the State, an amount equal to 5% of adjusted gross
22 receipts generated pursuant to those riverboat gambling
23 operations shall be paid monthly, subject to appropriation by
24 the General Assembly, to the unit of local government that is
25 designated as the home dock of the riverboat upon which those
26 riverboat gambling operations are conducted.
27     (c) Appropriations, as approved by the General Assembly,
28 may be made from the State Gaming Fund to the Department of
29 Revenue and the Department of State Police for the
30 administration and enforcement of this Act, or to the
31 Department of Human Services for the administration of programs
32 to treat problem gambling.
33     (c-5) After the payments required under subsections (b) and
34 (c) have been made, an amount equal to 15% of the adjusted

 

 

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1 gross receipts of (1) an owners licensee that relocates
2 pursuant to Section 11.2, (2) an owners licensee conducting
3 riverboat gambling operations pursuant to an owners license
4 that is initially issued after June 25, 1999, or (3) the first
5 riverboat gambling operations conducted by a licensed manager
6 on behalf of the State under Section 7.3, whichever comes
7 first, shall be paid from the State Gaming Fund into the Horse
8 Racing Equity Fund.
9     (c-10) Each year the General Assembly shall appropriate
10 from the General Revenue Fund to the Education Assistance Fund
11 an amount equal to the amount paid into the Horse Racing Equity
12 Fund pursuant to subsection (c-5) in the prior calendar year.
13     (c-15) After the payments required under subsections (b),
14 (c), and (c-5) have been made, an amount equal to 2% of the
15 adjusted gross receipts of (1) an owners licensee that
16 relocates pursuant to Section 11.2, (2) an owners licensee
17 conducting riverboat gambling operations pursuant to an owners
18 license that is initially issued after June 25, 1999, or (3)
19 the first riverboat gambling operations conducted by a licensed
20 manager on behalf of the State under Section 7.3, whichever
21 comes first, shall be paid, subject to appropriation from the
22 General Assembly, from the State Gaming Fund to each home rule
23 county with a population of over 3,000,000 inhabitants for the
24 purpose of enhancing the county's criminal justice system.
25     (c-20) Each year the General Assembly shall appropriate
26 from the General Revenue Fund to the Education Assistance Fund
27 an amount equal to the amount paid to each home rule county
28 with a population of over 3,000,000 inhabitants pursuant to
29 subsection (c-15) in the prior calendar year.
30     (c-25) After the payments required under subsections (b),
31 (c), (c-5) and (c-15) have been made, an amount equal to 2% of
32 the adjusted gross receipts of (1) an owners licensee that
33 relocates pursuant to Section 11.2, (2) an owners licensee
34 conducting riverboat gambling operations pursuant to an owners

 

 

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1 license that is initially issued after June 25, 1999, or (3)
2 the first riverboat gambling operations conducted by a licensed
3 manager on behalf of the State under Section 7.3, whichever
4 comes first, shall be paid from the State Gaming Fund to
5 Chicago State University.
6     (d) From time to time, the Board shall transfer the
7 remainder of the funds generated by this Act into the Education
8 Assistance Fund, created by Public Act 86-0018, of the State of
9 Illinois.
10     (e) Nothing in this Act shall prohibit the unit of local
11 government designated as the home dock of the riverboat from
12 entering into agreements with other units of local government
13 in this State or in other states to share its portion of the
14 tax revenue.
15     (f) To the extent practicable, the Board shall administer
16 and collect the wagering taxes imposed by this Section in a
17 manner consistent with the provisions of Sections 4, 5, 5a, 5b,
18 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
19 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
20 Penalty and Interest Act.
21 (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673,
22 eff. 8-23-05.)
 
23     Section 5-77. The Illinois Public Aid Code is amended by
24 changing Section 5A-8 as follows:
 
25     (305 ILCS 5/5A-8)  (from Ch. 23, par. 5A-8)
26     Sec. 5A-8. Hospital Provider Fund.
27     (a) There is created in the State Treasury the Hospital
28 Provider Fund. Interest earned by the Fund shall be credited to
29 the Fund. The Fund shall not be used to replace any moneys
30 appropriated to the Medicaid program by the General Assembly.
31     (b) The Fund is created for the purpose of receiving moneys
32 in accordance with Section 5A-6 and disbursing moneys only for

 

 

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1 the following purposes, notwithstanding any other provision of
2 law:
3         (1) For making payments to hospitals as required under
4     Articles V, VI, and XIV of this Code and under the
5     Children's Health Insurance Program Act.
6         (2) For the reimbursement of moneys collected by the
7     Illinois Department from hospitals or hospital providers
8     through error or mistake in performing the activities
9     authorized under this Article and Article V of this Code.
10         (3) For payment of administrative expenses incurred by
11     the Illinois Department or its agent in performing the
12     activities authorized by this Article.
13         (4) For payments of any amounts which are reimbursable
14     to the federal government for payments from this Fund which
15     are required to be paid by State warrant.
16         (5) For making transfers, as those transfers are
17     authorized in the proceedings authorizing debt under the
18     Short Term Borrowing Act, but transfers made under this
19     paragraph (5) shall not exceed the principal amount of debt
20     issued in anticipation of the receipt by the State of
21     moneys to be deposited into the Fund.
22         (6) For making transfers to any other fund in the State
23     treasury, but transfers made under this paragraph (6) shall
24     not exceed the amount transferred previously from that
25     other fund into the Hospital Provider Fund.
26         (7) For State fiscal years 2004 and 2005 for making
27     transfers to the Health and Human Services Medicaid Trust
28     Fund, including 20% of the moneys received from hospital
29     providers under Section 5A-4 and transferred into the
30     Hospital Provider Fund under Section 5A-6. For State fiscal
31     year years 2006, 2007 and 2008 for making transfers to the
32     Health and Human Services Medicaid Trust Fund of up to
33     $130,000,000 per year of the moneys received from hospital
34     providers under Section 5A-4 and transferred into the

 

 

09400SB1977ham002 - 163 - LRB094 11537 BDD 58773 a

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