Rep. Michael J. Madigan

Filed: 3/23/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 318

2    AMENDMENT NO. ______. Amend House Bill 318 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice

 

 

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1shall include the text of the emergency rule and shall be
2published in the Illinois Register. Consent orders or other
3court orders adopting settlements negotiated by an agency may
4be adopted under this Section. Subject to applicable
5constitutional or statutory provisions, an emergency rule
6becomes effective immediately upon filing under Section 5-65 or
7at a stated date less than 10 days thereafter. The agency's
8finding and a statement of the specific reasons for the finding
9shall be filed with the rule. The agency shall take reasonable
10and appropriate measures to make emergency rules known to the
11persons who may be affected by them.
12    (c) An emergency rule may be effective for a period of not
13longer than 150 days, but the agency's authority to adopt an
14identical rule under Section 5-40 is not precluded. No
15emergency rule may be adopted more than once in any 24 month
16period, except that this limitation on the number of emergency
17rules that may be adopted in a 24 month period does not apply
18to (i) emergency rules that make additions to and deletions
19from the Drug Manual under Section 5-5.16 of the Illinois
20Public Aid Code or the generic drug formulary under Section
213.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
22emergency rules adopted by the Pollution Control Board before
23July 1, 1997 to implement portions of the Livestock Management
24Facilities Act, (iii) emergency rules adopted by the Illinois
25Department of Public Health under subsections (a) through (i)
26of Section 2 of the Department of Public Health Act when

 

 

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1necessary to protect the public's health, (iv) emergency rules
2adopted pursuant to subsection (n) of this Section, (v)
3emergency rules adopted pursuant to subsection (o) of this
4Section, or (vi) emergency rules adopted pursuant to subsection
5(c-5) of this Section. Two or more emergency rules having
6substantially the same purpose and effect shall be deemed to be
7a single rule for purposes of this Section.
8    (c-5) To facilitate the maintenance of the program of group
9health benefits provided to annuitants, survivors, and retired
10employees under the State Employees Group Insurance Act of
111971, rules to alter the contributions to be paid by the State,
12annuitants, survivors, retired employees, or any combination
13of those entities, for that program of group health benefits,
14shall be adopted as emergency rules. The adoption of those
15rules shall be considered an emergency and necessary for the
16public interest, safety, and welfare.
17    (d) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 1999 budget,
19emergency rules to implement any provision of Public Act 90-587
20or 90-588 or any other budget initiative for fiscal year 1999
21may be adopted in accordance with this Section by the agency
22charged with administering that provision or initiative,
23except that the 24-month limitation on the adoption of
24emergency rules and the provisions of Sections 5-115 and 5-125
25do not apply to rules adopted under this subsection (d). The
26adoption of emergency rules authorized by this subsection (d)

 

 

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1shall be deemed to be necessary for the public interest,
2safety, and welfare.
3    (e) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2000 budget,
5emergency rules to implement any provision of this amendatory
6Act of the 91st General Assembly or any other budget initiative
7for fiscal year 2000 may be adopted in accordance with this
8Section by the agency charged with administering that provision
9or initiative, except that the 24-month limitation on the
10adoption of emergency rules and the provisions of Sections
115-115 and 5-125 do not apply to rules adopted under this
12subsection (e). The adoption of emergency rules authorized by
13this subsection (e) shall be deemed to be necessary for the
14public interest, safety, and welfare.
15    (f) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2001 budget,
17emergency rules to implement any provision of this amendatory
18Act of the 91st General Assembly or any other budget initiative
19for fiscal year 2001 may be adopted in accordance with this
20Section by the agency charged with administering that provision
21or initiative, except that the 24-month limitation on the
22adoption of emergency rules and the provisions of Sections
235-115 and 5-125 do not apply to rules adopted under this
24subsection (f). The adoption of emergency rules authorized by
25this subsection (f) shall be deemed to be necessary for the
26public interest, safety, and welfare.

 

 

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1    (g) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2002 budget,
3emergency rules to implement any provision of this amendatory
4Act of the 92nd General Assembly or any other budget initiative
5for fiscal year 2002 may be adopted in accordance with this
6Section by the agency charged with administering that provision
7or initiative, except that the 24-month limitation on the
8adoption of emergency rules and the provisions of Sections
95-115 and 5-125 do not apply to rules adopted under this
10subsection (g). The adoption of emergency rules authorized by
11this subsection (g) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (h) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2003 budget,
15emergency rules to implement any provision of this amendatory
16Act of the 92nd General Assembly or any other budget initiative
17for fiscal year 2003 may be adopted in accordance with this
18Section by the agency charged with administering that provision
19or initiative, except that the 24-month limitation on the
20adoption of emergency rules and the provisions of Sections
215-115 and 5-125 do not apply to rules adopted under this
22subsection (h). The adoption of emergency rules authorized by
23this subsection (h) shall be deemed to be necessary for the
24public interest, safety, and welfare.
25    (i) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2004 budget,

 

 

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1emergency rules to implement any provision of this amendatory
2Act of the 93rd General Assembly or any other budget initiative
3for fiscal year 2004 may be adopted in accordance with this
4Section by the agency charged with administering that provision
5or initiative, except that the 24-month limitation on the
6adoption of emergency rules and the provisions of Sections
75-115 and 5-125 do not apply to rules adopted under this
8subsection (i). The adoption of emergency rules authorized by
9this subsection (i) shall be deemed to be necessary for the
10public interest, safety, and welfare.
11    (j) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132005 budget as provided under the Fiscal Year 2005 Budget
14Implementation (Human Services) Act, emergency rules to
15implement any provision of the Fiscal Year 2005 Budget
16Implementation (Human Services) Act may be adopted in
17accordance with this Section by the agency charged with
18administering that provision, except that the 24-month
19limitation on the adoption of emergency rules and the
20provisions of Sections 5-115 and 5-125 do not apply to rules
21adopted under this subsection (j). The Department of Public Aid
22may also adopt rules under this subsection (j) necessary to
23administer the Illinois Public Aid Code and the Children's
24Health Insurance Program Act. The adoption of emergency rules
25authorized by this subsection (j) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (k) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32006 budget, emergency rules to implement any provision of this
4amendatory Act of the 94th General Assembly or any other budget
5initiative for fiscal year 2006 may be adopted in accordance
6with this Section by the agency charged with administering that
7provision or initiative, except that the 24-month limitation on
8the adoption of emergency rules and the provisions of Sections
95-115 and 5-125 do not apply to rules adopted under this
10subsection (k). The Department of Healthcare and Family
11Services may also adopt rules under this subsection (k)
12necessary to administer the Illinois Public Aid Code, the
13Senior Citizens and Disabled Persons Property Tax Relief Act,
14the Senior Citizens and Disabled Persons Prescription Drug
15Discount Program Act (now the Illinois Prescription Drug
16Discount Program Act), and the Children's Health Insurance
17Program Act. The adoption of emergency rules authorized by this
18subsection (k) shall be deemed to be necessary for the public
19interest, safety, and welfare.
20    (l) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222007 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2007, including
24rules effective July 1, 2007, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

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1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (l) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (m) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92008 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2008, including
11rules effective July 1, 2008, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (m) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (n) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222010 budget, emergency rules to implement any provision of this
23amendatory Act of the 96th General Assembly or any other budget
24initiative authorized by the 96th General Assembly for fiscal
25year 2010 may be adopted in accordance with this Section by the
26agency charged with administering that provision or

 

 

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1initiative. The adoption of emergency rules authorized by this
2subsection (n) shall be deemed to be necessary for the public
3interest, safety, and welfare. The rulemaking authority
4granted in this subsection (n) shall apply only to rules
5promulgated during Fiscal Year 2010.
6    (o) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82011 budget, emergency rules to implement any provision of this
9amendatory Act of the 96th General Assembly or any other budget
10initiative authorized by the 96th General Assembly for fiscal
11year 2011 may be adopted in accordance with this Section by the
12agency charged with administering that provision or
13initiative. The adoption of emergency rules authorized by this
14subsection (o) is deemed to be necessary for the public
15interest, safety, and welfare. The rulemaking authority
16granted in this subsection (o) applies only to rules
17promulgated on or after the effective date of this amendatory
18Act of the 96th General Assembly through June 30, 2011.
19    (p) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 97-689,
21emergency rules to implement any provision of Public Act 97-689
22may be adopted in accordance with this subsection (p) by the
23agency charged with administering that provision or
24initiative. The 150-day limitation of the effective period of
25emergency rules does not apply to rules adopted under this
26subsection (p), and the effective period may continue through

 

 

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1June 30, 2013. The 24-month limitation on the adoption of
2emergency rules does not apply to rules adopted under this
3subsection (p). The adoption of emergency rules authorized by
4this subsection (p) is deemed to be necessary for the public
5interest, safety, and welfare.
6    (q) In order to provide for the expeditious and timely
7implementation of the provisions of Articles 7, 8, 9, 11, and
812 of this amendatory Act of the 98th General Assembly,
9emergency rules to implement any provision of Articles 7, 8, 9,
1011, and 12 of this amendatory Act of the 98th General Assembly
11may be adopted in accordance with this subsection (q) by the
12agency charged with administering that provision or
13initiative. The 24-month limitation on the adoption of
14emergency rules does not apply to rules adopted under this
15subsection (q). The adoption of emergency rules authorized by
16this subsection (q) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (r) In order to provide for the expeditious and timely
19implementation of the provisions of this amendatory Act of the
2098th General Assembly, emergency rules to implement this
21amendatory Act of the 98th General Assembly may be adopted in
22accordance with this subsection (r) by the Department of
23Healthcare and Family Services. The 24-month limitation on the
24adoption of emergency rules does not apply to rules adopted
25under this subsection (r). The adoption of emergency rules
26authorized by this subsection (r) is deemed to be necessary for

 

 

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1the public interest, safety, and welfare.
2    (s) In order to provide for the expeditious and timely
3implementation of the provisions of Sections 5-5b.1 and 5A-2 of
4the Illinois Public Aid Code, emergency rules to implement any
5provision of Section 5-5b.1 or Section 5A-2 of the Illinois
6Public Aid Code may be adopted in accordance with this
7subsection (s) by the Department of Healthcare and Family
8Services. The rulemaking authority granted in this subsection
9(s) shall apply only to those rules adopted prior to July 1,
102015. Notwithstanding any other provision of this Section, any
11emergency rule adopted under this subsection (s) shall only
12apply to payments made for State fiscal year 2015. The adoption
13of emergency rules authorized by this subsection (s) is deemed
14to be necessary for the public interest, safety, and welfare.
15(Source: P.A. 97-689, eff. 6-14-12; 97-695, eff. 7-1-12;
1698-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff.
176-16-14.)
 
18    Section 10. The Governor's Office of Management and Budget
19Act is amended by changing Section 7.2 as follows:
 
20    (20 ILCS 3005/7.2)
21    Sec. 7.2. Quarterly financial reports. The Office shall
22prepare and publish a quarterly financial report to update the
23public and the General Assembly on the status of the State's
24finances. At a minimum, each report shall include the following

 

 

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1information:
2        (1) A review of the State's economic outlook.
3        (2) A review of general funds revenue performance, both
4    quarterly and year to date, and an evaluation of that
5    performance.
6        (3) The outlook for future general funds revenue
7    performance, including projections of future general funds
8    revenues.
9        (4) An assessment of the State's financial position,
10    including a summary of general fund receipts, transfers,
11    expenditures, and liabilities.
12        (5) A review of Statewide employment statistics.
13        (6) Other information necessary to present the status
14    of the State's finances.
15        (7) For the report covering the fourth quarter of State
16    fiscal year 2015 only, the report shall also include the
17    information described in subsection (e) of Section 8.50 of
18    the State Finance Act.
19In addition, the fourth quarter report for each fiscal year
20shall include a summary of fiscal and balanced budget notes
21issued by the Office to the General Assembly during the prior
22legislative session. Each report shall be posted on the
23Office's website within 45 days.
24(Source: P.A. 96-555, eff. 8-18-09.)
 
25    Section 15. The State Finance Act is amended by changing

 

 

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1Section 13.2 and by adding Section 8.50 as follows:
 
2    (30 ILCS 105/8.50 new)
3    Sec. 8.50. Special fund transfers.
4    (a) In order to maintain the integrity of special funds and
5improve stability in the General Revenue Fund, the following
6transfers are authorized from the designated funds into the
7General Revenue Fund:
8Road Fund........................................$250,000,000
9Motor Fuel Tax Fund...............................$50,000,000
10Food and Drug Safety Fund..........................$1,000,000
11Teacher Certificate Fee Revolving Fund.............$5,000,000
12Grade Crossing Protection Fund....................$10,000,000
13Financial Institution Fund.........................$1,573,600
14General Professions Dedicated Fund.................$2,000,000
15Lobbyist Registration Administration Fund..........$1,000,000
16Agricultural Premium Fund..........................$5,000,000
17Fire Prevention Fund..............................$23,000,000
18Illinois State Pharmacy Disciplinary Fund..........$2,700,000
19Radiation Protection Fund..........................$1,500,000
20Hospital Licensure Fund..............................$500,000
21Underground Storage Tank Fund.....................$20,000,000
22Solid Waste Management Fund.......................$15,000,000
23Subtitle D Management Fund.........................$1,000,000
24Illinois State Medical Disciplinary Fund..........$10,000,000
25Facility Licensing Fund............................$1,000,000

 

 

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1Registered Certified Public Accountants'
2    Administration and Disciplinary Fund...........$6,100,000
3Motor Vehicle Theft Prevention Fund................$6,000,000
4Weights and Measures Fund..........................$2,000,000
5State and Local Sales Tax Reform Fund.............$40,000,000
6County and Mass Transit District Fund.............$40,000,000
7Local Government Tax Fund........................$200,000,000
8Illinois Fisheries Management Fund...................$500,000
9Capital Development Board Revolving Fund..........$1,500,000
10Intercity Passenger Rail Fund........................$370,000
11Illinois Health Facilities Planning Fund...........$3,746,000
12Emergency Public Health Fund.........................$500,000
13TOMA Consumer Protection Fund......................$1,500,000
14Fair and Exposition Fund...........................$1,000,000
15State Police Vehicle Fund..........................$4,000,000
16Nursing Dedicated and Professional Fund............$5,000,000
17Underground Resources Conservation Enforcement Fund..$500,000
18State Rail Freight Loan Repayment Fund............$10,000,000
19Illinois Affordable Housing Trust Fund.............$6,000,000
20Home Care Services Agency Licensure Fund...........$1,000,000
21Fertilizer Control Fund..............................$500,000
22Securities Investors Education Fund................$5,000,000
23Used Tire Management Fund.........................$20,000,000
24Natural Areas Acquisition Fund....................$6,000,000
25I-FLY Fund........................................$1,545,000
26Illinois Prescription Drug Discount Program Fund.....$257,100

 

 

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1ICJIA Violence Prevention Special Projects Fund....$3,000,000
2Tattoo and Body Piercing
3    Establishment Registration Fund..................$250,000
4Public Health Laboratory Services Revolving Fund.....$500,000
5Provider Inquiry Trust Fund........................$1,300,000
6Securities Audit and Enforcement Fund..............$4,000,000
7Drug Treatment Fund................................$1,000,000
8Feed Control Fund..................................$1,000,000
9Plumbing Licensure and Program Fund..................$200,000
10Appraisal Administration Fund........................$400,000
11Trauma Center Fund.................................$7,000,000
12Alternate Fuels Fund...............................$1,500,000
13Illinois State Fair Fund...........................$1,000,000
14Agricultural Master Fund.............................$400,000
15Human Services Priority Capital Program Fund.......$1,680,000
16State Asset Forfeiture Fund..........................$250,000
17Health Facility Plan Review Fund...................$1,000,000
18Illinois Workers' Compensation
19    Commission Operations Fund....................$10,000,000
20Workforce, Technology, and Economic Development Fund.$300,000
21Downstate Transit Improvement Fund................$70,000,000
22Renewable Energy Resources Trust Fund..............$3,000,000
23Energy Efficiency Trust Fund.......................$6,000,000
24Pesticide Control Fund.............................$3,000,000
25Partners for Conservation Fund.....................$6,000,000
26Wireless Service Emergency Fund....................$7,500,000

 

 

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1Death Certificate Surcharge Fund...................$1,500,000
2Illinois Adoption Registry and
3    Medical Information Exchange Fund................$232,000
4Fund for the Advancement of Education.............$25,000,000
5Commitment to Human Services Fund.................$25,000,000
6Illinois Standardbred Breeders Fund..................$250,000
7Illinois Thoroughbred Breeders Fund..................$250,000
8Spinal Cord Injury Paralysis
9    Cure Research Trust Fund.......................$1,100,000
10Medicaid Buy-In Program Revolving Fund.............$1,700,000
11Home Inspector Administration Fund.................$1,000,000
12Real Estate Audit Fund...............................$193,600
13Illinois AgriFIRST Program Fund......................$204,000
14Performance-enhancing Substance Testing Fund.........$365,000
15Bank and Trust Company Fund.......................$25,000,000
16Natural Resources Restoration Trust Fund...........$1,000,000
17Illinois Power Agency Renewable
18    Energy Resources Fund........................$98,000,000
19Real Estate Research and Education Fund..............$500,000
20Real Estate License Administration Fund...........$30,000,000
21Abandoned Residential Property
22    Municipality Relief Fund.........................$700,000
23State Construction Account Fund...................$50,000,000
24State Police Services Fund.........................$6,000,000
25Metabolic Screening and Treatment Fund.............$5,000,000
26Insurance Producer Administration Fund............$70,313,800

 

 

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1Coal Technology Development Assistance Fund........$3,000,000
2Low-Level Radioactive Waste Facility Development
3    and Operation Fund...............................$500,000
4Low-Level Radioactive Waste Facility Closure,
5    Post-Closure Care and Compensation Fund..........$110,000
6Illinois State Podiatric Disciplinary Fund...........$200,000
7Park and Conservation Fund........................$15,000,000
8Vehicle Inspection Fund............................$8,000,000
9Local Tourism Fund...................................$308,000
10Illinois Capital Revolving Loan Fund...............$5,000,000
11Illinois Equity Fund.................................$500,000
12Public Infrastructure Construction
13    Loan Revolving Fund............................$9,000,000
14Insurance Financial Regulation Fund...............$23,598,000
15Dram Shop Fund.....................................$1,000,000
16Illinois State Dental Disciplinary Fund............$1,500,000
17ISBE Teacher Certificate Institute Fund............$1,800,000
18Mental Health Fund.................................$3,000,000
19Tobacco Settlement Recovery Fund...................$4,000,000
20Public Health Special State Projects Fund..........$5,000,000
21Total                                          $1,318,396,100
22    (b) In order to maintain the integrity of special funds and
23improve stability in the General Obligation Bond Retirement and
24Interest Fund, the following transfer is authorized from the
25designated fund into the General Obligation Bond Retirement and
26Interest Fund:

 

 

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1Federal High Speed Rail Trust Fund................$48,000,000
2    (c) On and after the effective date of this amendatory Act
3of the 99th General Assembly through the end of State fiscal
4year 2015, when any of the funds listed in subsection (a) has
5insufficient cash from which the State Comptroller may make
6expenditures properly supported by appropriations from the
7fund, then, at the direction of the Director of the Governor's
8Office of Management and Budget, the State Treasurer and State
9Comptroller shall transfer from the General Revenue Fund to the
10fund only such amount as is immediately necessary to satisfy
11outstanding expenditure obligations on a timely basis, subject
12to the provisions of the State Prompt Payment Act. All or a
13portion of the amounts transferred from the General Revenue
14Fund to a fund pursuant to this subsection (c) from time to
15time may be re-transferred by the State Comptroller and the
16State Treasurer from the receiving fund into the General
17Revenue Fund as soon as and to the extent that deposits are
18made into or receipts are collected by the receiving fund.
19    (d) The State Treasurer and State Comptroller shall
20transfer the amounts designated under subsections (a) and (b)
21of this Section as soon as may be practicable after receiving
22the direction to transfer from the Director of the Governor's
23Office of Management and Budget. If the Director of the
24Governor's Office of Management and Budget determines that any
25transfer authorized by this Section from a special fund under
26subsection (a) or (b) either (i) jeopardizes federal funding

 

 

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1based on a written communication from a federal official or
2(ii) violates an order of a court of competent jurisdiction,
3then the Director may order the State Treasurer and State
4Comptroller, in writing, to (i) transfer from the General
5Revenue Fund to that listed special fund all or part of the
6amounts transferred from that special fund under subsection
7(a), or (ii) transfer from the General Obligation Bond
8Retirement and Interest Fund to that listed special fund all or
9part of the amounts transferred from that special fund under
10subsection (b).
11    (e) For the fourth quarter of State fiscal year 2015, the
12report filed under Section 7.2 of the Governor's Office of
13Management and Budget Act shall contain, in addition to the
14information otherwise required, information on all transfers
15made pursuant to this Section, including all of the following:
16        (1) The date each transfer was made.
17        (2) The amount of each transfer.
18        (3) In the case of a transfer from the General Revenue
19    Fund to a fund of origin pursuant to subsection (c) or (d)
20    of this Section, the amount of such transfer and the date
21    such transfer was made.
22        (4) The end of day balance of both the fund of origin
23    and the General Revenue Fund on the date the transfer was
24    made.
25    (f) Notwithstanding any provision of law to the contrary,
26the transfers in this Section shall be made through the end of

 

 

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1State fiscal year 2015.
 
2    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
3    Sec. 13.2. Transfers among line item appropriations.
4    (a) Transfers among line item appropriations from the same
5treasury fund for the objects specified in this Section may be
6made in the manner provided in this Section when the balance
7remaining in one or more such line item appropriations is
8insufficient for the purpose for which the appropriation was
9made.
10    (a-1) No transfers may be made from one agency to another
11agency, nor may transfers be made from one institution of
12higher education to another institution of higher education
13except as provided by subsection (a-4).
14    (a-2) Except as otherwise provided in this Section,
15transfers may be made only among the objects of expenditure
16enumerated in this Section, except that no funds may be
17transferred from any appropriation for personal services, from
18any appropriation for State contributions to the State
19Employees' Retirement System, from any separate appropriation
20for employee retirement contributions paid by the employer, nor
21from any appropriation for State contribution for employee
22group insurance. During State fiscal year 2005, an agency may
23transfer amounts among its appropriations within the same
24treasury fund for personal services, employee retirement
25contributions paid by employer, and State Contributions to

 

 

09900HB0318ham001- 21 -LRB099 04451 KTG 33337 a

1retirement systems; notwithstanding and in addition to the
2transfers authorized in subsection (c) of this Section, the
3fiscal year 2005 transfers authorized in this sentence may be
4made in an amount not to exceed 2% of the aggregate amount
5appropriated to an agency within the same treasury fund. During
6State fiscal year 2007, the Departments of Children and Family
7Services, Corrections, Human Services, and Juvenile Justice
8may transfer amounts among their respective appropriations
9within the same treasury fund for personal services, employee
10retirement contributions paid by employer, and State
11contributions to retirement systems. During State fiscal year
122010, the Department of Transportation may transfer amounts
13among their respective appropriations within the same treasury
14fund for personal services, employee retirement contributions
15paid by employer, and State contributions to retirement
16systems. During State fiscal years 2010 and 2014 only, an
17agency may transfer amounts among its respective
18appropriations within the same treasury fund for personal
19services, employee retirement contributions paid by employer,
20and State contributions to retirement systems.
21Notwithstanding, and in addition to, the transfers authorized
22in subsection (c) of this Section, these transfers may be made
23in an amount not to exceed 2% of the aggregate amount
24appropriated to an agency within the same treasury fund.
25    (a-2.5) During State fiscal year 2015 only, the State's
26Attorneys Appellate Prosecutor may transfer amounts among its

 

 

09900HB0318ham001- 22 -LRB099 04451 KTG 33337 a

1respective appropriations contained in operational line items
2within the same treasury fund. Notwithstanding, and in addition
3to, the transfers authorized in subsection (c) of this Section,
4these transfers may be made in an amount not to exceed 4% of
5the aggregate amount appropriated to the State's Attorneys
6Appellate Prosecutor within the same treasury fund.
7    (a-3) Further, if an agency receives a separate
8appropriation for employee retirement contributions paid by
9the employer, any transfer by that agency into an appropriation
10for personal services must be accompanied by a corresponding
11transfer into the appropriation for employee retirement
12contributions paid by the employer, in an amount sufficient to
13meet the employer share of the employee contributions required
14to be remitted to the retirement system.
15    (a-4) Long-Term Care Rebalancing. The Governor may
16designate amounts set aside for institutional services
17appropriated from the General Revenue Fund or any other State
18fund that receives monies for long-term care services to be
19transferred to all State agencies responsible for the
20administration of community-based long-term care programs,
21including, but not limited to, community-based long-term care
22programs administered by the Department of Healthcare and
23Family Services, the Department of Human Services, and the
24Department on Aging, provided that the Director of Healthcare
25and Family Services first certifies that the amounts being
26transferred are necessary for the purpose of assisting persons

 

 

09900HB0318ham001- 23 -LRB099 04451 KTG 33337 a

1in or at risk of being in institutional care to transition to
2community-based settings, including the financial data needed
3to prove the need for the transfer of funds. The total amounts
4transferred shall not exceed 4% in total of the amounts
5appropriated from the General Revenue Fund or any other State
6fund that receives monies for long-term care services for each
7fiscal year. A notice of the fund transfer must be made to the
8General Assembly and posted at a minimum on the Department of
9Healthcare and Family Services website, the Governor's Office
10of Management and Budget website, and any other website the
11Governor sees fit. These postings shall serve as notice to the
12General Assembly of the amounts to be transferred. Notice shall
13be given at least 30 days prior to transfer.
14    (b) In addition to the general transfer authority provided
15under subsection (c), the following agencies have the specific
16transfer authority granted in this subsection:
17    The Department of Healthcare and Family Services is
18authorized to make transfers representing savings attributable
19to not increasing grants due to the births of additional
20children from line items for payments of cash grants to line
21items for payments for employment and social services for the
22purposes outlined in subsection (f) of Section 4-2 of the
23Illinois Public Aid Code.
24    The Department of Children and Family Services is
25authorized to make transfers not exceeding 2% of the aggregate
26amount appropriated to it within the same treasury fund for the

 

 

09900HB0318ham001- 24 -LRB099 04451 KTG 33337 a

1following line items among these same line items: Foster Home
2and Specialized Foster Care and Prevention, Institutions and
3Group Homes and Prevention, and Purchase of Adoption and
4Guardianship Services.
5    The Department on Aging is authorized to make transfers not
6exceeding 2% of the aggregate amount appropriated to it within
7the same treasury fund for the following Community Care Program
8line items among these same line items: purchase of services
9covered by the Community Care Program and Comprehensive Case
10Coordination.
11    The State Treasurer is authorized to make transfers among
12line item appropriations from the Capital Litigation Trust
13Fund, with respect to costs incurred in fiscal years 2002 and
142003 only, when the balance remaining in one or more such line
15item appropriations is insufficient for the purpose for which
16the appropriation was made, provided that no such transfer may
17be made unless the amount transferred is no longer required for
18the purpose for which that appropriation was made.
19    The State Board of Education is authorized to make
20transfers from line item appropriations within the same
21treasury fund for General State Aid and General State Aid -
22Hold Harmless, provided that no such transfer may be made
23unless the amount transferred is no longer required for the
24purpose for which that appropriation was made, to the line item
25appropriation for Transitional Assistance when the balance
26remaining in such line item appropriation is insufficient for

 

 

09900HB0318ham001- 25 -LRB099 04451 KTG 33337 a

1the purpose for which the appropriation was made.
2    The State Board of Education is authorized to make
3transfers between the following line item appropriations
4within the same treasury fund: Disabled Student
5Services/Materials (Section 14-13.01 of the School Code),
6Disabled Student Transportation Reimbursement (Section
714-13.01 of the School Code), Disabled Student Tuition -
8Private Tuition (Section 14-7.02 of the School Code),
9Extraordinary Special Education (Section 14-7.02b of the
10School Code), Reimbursement for Free Lunch/Breakfast Program,
11Summer School Payments (Section 18-4.3 of the School Code), and
12Transportation - Regular/Vocational Reimbursement (Section
1329-5 of the School Code). Such transfers shall be made only
14when the balance remaining in one or more such line item
15appropriations is insufficient for the purpose for which the
16appropriation was made and provided that no such transfer may
17be made unless the amount transferred is no longer required for
18the purpose for which that appropriation was made.
19    The Department of Healthcare and Family Services is
20authorized to make transfers not exceeding 4% of the aggregate
21amount appropriated to it, within the same treasury fund, among
22the various line items appropriated for Medical Assistance.
23    (c) The sum of such transfers for an agency in a fiscal
24year shall not exceed 2% of the aggregate amount appropriated
25to it within the same treasury fund for the following objects:
26Personal Services; Extra Help; Student and Inmate

 

 

09900HB0318ham001- 26 -LRB099 04451 KTG 33337 a

1Compensation; State Contributions to Retirement Systems; State
2Contributions to Social Security; State Contribution for
3Employee Group Insurance; Contractual Services; Travel;
4Commodities; Printing; Equipment; Electronic Data Processing;
5Operation of Automotive Equipment; Telecommunications
6Services; Travel and Allowance for Committed, Paroled and
7Discharged Prisoners; Library Books; Federal Matching Grants
8for Student Loans; Refunds; Workers' Compensation,
9Occupational Disease, and Tort Claims; and, in appropriations
10to institutions of higher education, Awards and Grants.
11Notwithstanding the above, any amounts appropriated for
12payment of workers' compensation claims to an agency to which
13the authority to evaluate, administer and pay such claims has
14been delegated by the Department of Central Management Services
15may be transferred to any other expenditure object where such
16amounts exceed the amount necessary for the payment of such
17claims.
18    (c-1) Special provisions for State fiscal year 2003.
19Notwithstanding any other provision of this Section to the
20contrary, for State fiscal year 2003 only, transfers among line
21item appropriations to an agency from the same treasury fund
22may be made provided that the sum of such transfers for an
23agency in State fiscal year 2003 shall not exceed 3% of the
24aggregate amount appropriated to that State agency for State
25fiscal year 2003 for the following objects: personal services,
26except that no transfer may be approved which reduces the

 

 

09900HB0318ham001- 27 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 28 -LRB099 04451 KTG 33337 a

1operational or lump sum expenses only, provided that the sum of
2such transfers for a State agency in State fiscal year 2015
3shall not exceed 4% of the aggregate amount appropriated to
4that State agency for operational or lump sum expenses for
5State fiscal year 2015. For the purpose of this subsection,
6"operational or lump sum expenses" includes the following
7objects: personal services; extra help; student and inmate
8compensation; State contributions to retirement systems; State
9contributions to social security; State contributions for
10employee group insurance; contractual services; travel;
11commodities; printing; equipment; electronic data processing;
12operation of automotive equipment; telecommunications
13services; travel and allowance for committed, paroled, and
14discharged prisoners; library books; federal matching grants
15for student loans; refunds; workers' compensation,
16occupational disease, and tort claims; lump sum and other
17purposes; and lump sum operations. For the purpose of this
18subsection (c-3), "State agency" does not include the Attorney
19General, the Secretary of State, the Comptroller, the
20Treasurer, or the legislative or judicial branches.
21    (d) Transfers among appropriations made to agencies of the
22Legislative and Judicial departments and to the
23constitutionally elected officers in the Executive branch
24require the approval of the officer authorized in Section 10 of
25this Act to approve and certify vouchers. Transfers among
26appropriations made to the University of Illinois, Southern

 

 

09900HB0318ham001- 29 -LRB099 04451 KTG 33337 a

1Illinois University, Chicago State University, Eastern
2Illinois University, Governors State University, Illinois
3State University, Northeastern Illinois University, Northern
4Illinois University, Western Illinois University, the Illinois
5Mathematics and Science Academy and the Board of Higher
6Education require the approval of the Board of Higher Education
7and the Governor. Transfers among appropriations to all other
8agencies require the approval of the Governor.
9    The officer responsible for approval shall certify that the
10transfer is necessary to carry out the programs and purposes
11for which the appropriations were made by the General Assembly
12and shall transmit to the State Comptroller a certified copy of
13the approval which shall set forth the specific amounts
14transferred so that the Comptroller may change his records
15accordingly. The Comptroller shall furnish the Governor with
16information copies of all transfers approved for agencies of
17the Legislative and Judicial departments and transfers
18approved by the constitutionally elected officials of the
19Executive branch other than the Governor, showing the amounts
20transferred and indicating the dates such changes were entered
21on the Comptroller's records.
22    (e) The State Board of Education, in consultation with the
23State Comptroller, may transfer line item appropriations for
24General State Aid between the Common School Fund and the
25Education Assistance Fund. With the advice and consent of the
26Governor's Office of Management and Budget, the State Board of

 

 

09900HB0318ham001- 30 -LRB099 04451 KTG 33337 a

1Education, in consultation with the State Comptroller, may
2transfer line item appropriations between the General Revenue
3Fund and the Education Assistance Fund for the following
4programs:
5        (1) Disabled Student Personnel Reimbursement (Section
6    14-13.01 of the School Code);
7        (2) Disabled Student Transportation Reimbursement
8    (subsection (b) of Section 14-13.01 of the School Code);
9        (3) Disabled Student Tuition - Private Tuition
10    (Section 14-7.02 of the School Code);
11        (4) Extraordinary Special Education (Section 14-7.02b
12    of the School Code);
13        (5) Reimbursement for Free Lunch/Breakfast Programs;
14        (6) Summer School Payments (Section 18-4.3 of the
15    School Code);
16        (7) Transportation - Regular/Vocational Reimbursement
17    (Section 29-5 of the School Code);
18        (8) Regular Education Reimbursement (Section 18-3 of
19    the School Code); and
20        (9) Special Education Reimbursement (Section 14-7.03
21    of the School Code).
22(Source: P.A. 97-689, eff. 7-1-12; 98-24, eff. 6-19-13; 98-674,
23eff. 6-30-14.)
 
24    Section 20. The School Code is amended by changing Section
2518-8.05 as follows:
 

 

 

09900HB0318ham001- 31 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 32 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 33 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 34 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 35 -LRB099 04451 KTG 33337 a

1Foundation Level of support is $4,325. For the 2000-2001 school
2year, the Foundation Level of support is $4,425. For the
32001-2002 school year and 2002-2003 school year, the Foundation
4Level of support is $4,560. For the 2003-2004 school year, the
5Foundation Level of support is $4,810. For the 2004-2005 school
6year, the Foundation Level of support is $4,964. For the
72005-2006 school year, the Foundation Level of support is
8$5,164. For the 2006-2007 school year, the Foundation Level of
9support is $5,334. For the 2007-2008 school year, the
10Foundation Level of support is $5,734. For the 2008-2009 school
11year, the Foundation Level of support is $5,959.
12    (3) For the 2009-2010 school year and each school year
13thereafter, the Foundation Level of support is $6,119 or such
14greater amount as may be established by law by the General
15Assembly.
 
16(C) Average Daily Attendance.
17    (1) For purposes of calculating general State aid pursuant
18to subsection (E), an Average Daily Attendance figure shall be
19utilized. The Average Daily Attendance figure for formula
20calculation purposes shall be the monthly average of the actual
21number of pupils in attendance of each school district, as
22further averaged for the best 3 months of pupil attendance for
23each school district. In compiling the figures for the number
24of pupils in attendance, school districts and the State Board
25of Education shall, for purposes of general State aid funding,

 

 

09900HB0318ham001- 36 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 37 -LRB099 04451 KTG 33337 a

1school district as of September 30 of the previous year. The
2equalized assessed valuation utilized shall be obtained and
3determined as provided in subsection (G).
4    (3) For school districts maintaining grades kindergarten
5through 12, local property tax revenues per pupil shall be
6calculated as the product of the applicable equalized assessed
7valuation for the district multiplied by 3.00%, and divided by
8the district's Average Daily Attendance figure. For school
9districts maintaining grades kindergarten through 8, local
10property tax revenues per pupil shall be calculated as the
11product of the applicable equalized assessed valuation for the
12district multiplied by 2.30%, and divided by the district's
13Average Daily Attendance figure. For school districts
14maintaining grades 9 through 12, local property tax revenues
15per pupil shall be the applicable equalized assessed valuation
16of the district multiplied by 1.05%, and divided by the
17district's Average Daily Attendance figure.
18    For partial elementary unit districts created pursuant to
19Article 11E of this Code, local property tax revenues per pupil
20shall be calculated as the product of the equalized assessed
21valuation for property within the partial elementary unit
22district for elementary purposes, as defined in Article 11E of
23this Code, multiplied by 2.06% and divided by the district's
24Average Daily Attendance figure, plus the product of the
25equalized assessed valuation for property within the partial
26elementary unit district for high school purposes, as defined

 

 

09900HB0318ham001- 38 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 39 -LRB099 04451 KTG 33337 a

11.75 times the Foundation Level, the general State aid per
2pupil shall be a decimal proportion of the Foundation Level
3derived using a linear algorithm. Under this linear algorithm,
4the calculated general State aid per pupil shall decline in
5direct linear fashion from 0.07 times the Foundation Level for
6a school district with Available Local Resources equal to the
7product of 0.93 times the Foundation Level, to 0.05 times the
8Foundation Level for a school district with Available Local
9Resources equal to the product of 1.75 times the Foundation
10Level. The allocation of general State aid for school districts
11subject to this paragraph 3 shall be the calculated general
12State aid per pupil figure multiplied by the Average Daily
13Attendance of the school district.
14    (4) For any school district for which Available Local
15Resources per pupil equals or exceeds the product of 1.75 times
16the Foundation Level, the general State aid for the school
17district shall be calculated as the product of $218 multiplied
18by the Average Daily Attendance of the school district.
19    (5) The amount of general State aid allocated to a school
20district for the 1999-2000 school year meeting the requirements
21set forth in paragraph (4) of subsection (G) shall be increased
22by an amount equal to the general State aid that would have
23been received by the district for the 1998-1999 school year by
24utilizing the Extension Limitation Equalized Assessed
25Valuation as calculated in paragraph (4) of subsection (G) less
26the general State aid allotted for the 1998-1999 school year.

 

 

09900HB0318ham001- 40 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 41 -LRB099 04451 KTG 33337 a

1    to the month of May. The average daily attendance for the
2    year-round buildings shall be computed as provided in
3    subdivision (b) of this paragraph (1). To calculate the
4    Average Daily Attendance for the district, the average
5    daily attendance for the year-round buildings shall be
6    multiplied by the days in session for the non-year-round
7    buildings for each month and added to the monthly
8    attendance of the non-year-round buildings.
9    Except as otherwise provided in this Section, days of
10attendance by pupils shall be counted only for sessions of not
11less than 5 clock hours of school work per day under direct
12supervision of: (i) teachers, or (ii) non-teaching personnel or
13volunteer personnel when engaging in non-teaching duties and
14supervising in those instances specified in subsection (a) of
15Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
16of legal school age and in kindergarten and grades 1 through
1712.
18    Days of attendance by tuition pupils shall be accredited
19only to the districts that pay the tuition to a recognized
20school.
21    (2) Days of attendance by pupils of less than 5 clock hours
22of school shall be subject to the following provisions in the
23compilation of Average Daily Attendance.
24        (a) Pupils regularly enrolled in a public school for
25    only a part of the school day may be counted on the basis
26    of 1/6 day for every class hour of instruction of 40

 

 

09900HB0318ham001- 42 -LRB099 04451 KTG 33337 a

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

 

 

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1    calendar day required under Section 10-19 of this Code,
2    provided that the full-day, parent-teacher conference
3    consists of (i) a minimum of 5 clock hours of
4    parent-teacher conferences, (ii) both a minimum of 2 clock
5    hours of parent-teacher conferences held in the evening
6    following a full day of student attendance, as specified in
7    subsection (F)(1)(c), and a minimum of 3 clock hours of
8    parent-teacher conferences held on the day immediately
9    following evening parent-teacher conferences, or (iii)
10    multiple parent-teacher conferences held in the evenings
11    following full days of student attendance, as specified in
12    subsection (F)(1)(c), in which the time used for the
13    parent-teacher conferences is equivalent to a minimum of 5
14    clock hours; and (2) when days in addition to those
15    provided in items (1) and (1.5) are scheduled by a school
16    pursuant to its school improvement plan adopted under
17    Article 34 or its revised or amended school improvement
18    plan adopted under Article 2, provided that (i) such
19    sessions of 3 or more clock hours are scheduled to occur at
20    regular intervals, (ii) the remainder of the school days in
21    which such sessions occur are utilized for in-service
22    training programs or other staff development activities
23    for teachers, and (iii) a sufficient number of minutes of
24    school work under the direct supervision of teachers are
25    added to the school days between such regularly scheduled
26    sessions to accumulate not less than the number of minutes

 

 

09900HB0318ham001- 44 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 45 -LRB099 04451 KTG 33337 a

1        (h) A recognized kindergarten which provides for only
2    1/2 day of attendance by each pupil shall not have more
3    than 1/2 day of attendance counted in any one day. However,
4    kindergartens may count 2 1/2 days of attendance in any 5
5    consecutive school days. When a pupil attends such a
6    kindergarten for 2 half days on any one school day, the
7    pupil shall have the following day as a day absent from
8    school, unless the school district obtains permission in
9    writing from the State Superintendent of Education.
10    Attendance at kindergartens which provide for a full day of
11    attendance by each pupil shall be counted the same as
12    attendance by first grade pupils. Only the first year of
13    attendance in one kindergarten shall be counted, except in
14    case of children who entered the kindergarten in their
15    fifth year whose educational development requires a second
16    year of kindergarten as determined under the rules and
17    regulations of the State Board of Education.
18        (i) On the days when the assessment that includes a
19    college and career ready determination is administered
20    under subsection (c) of Section 2-3.64a-5 of this Code, the
21    day of attendance for a pupil whose school day must be
22    shortened to accommodate required testing procedures may
23    be less than 5 clock hours and shall be counted towards the
24    176 days of actual pupil attendance required under Section
25    10-19 of this Code, provided that a sufficient number of
26    minutes of school work in excess of 5 clock hours are first

 

 

09900HB0318ham001- 46 -LRB099 04451 KTG 33337 a

1    completed on other school days to compensate for the loss
2    of school work on the examination days.
3        (j) Pupils enrolled in a remote educational program
4    established under Section 10-29 of this Code may be counted
5    on the basis of one-fifth day of attendance for every clock
6    hour of instruction attended in the remote educational
7    program, provided that, in any month, the school district
8    may not claim for a student enrolled in a remote
9    educational program more days of attendance than the
10    maximum number of days of attendance the district can claim
11    (i) for students enrolled in a building holding year-round
12    classes if the student is classified as participating in
13    the remote educational program on a year-round schedule or
14    (ii) for students enrolled in a building not holding
15    year-round classes if the student is not classified as
16    participating in the remote educational program on a
17    year-round schedule.
 
18(G) Equalized Assessed Valuation Data.
19    (1) For purposes of the calculation of Available Local
20Resources required pursuant to subsection (D), the State Board
21of Education shall secure from the Department of Revenue the
22value as equalized or assessed by the Department of Revenue of
23all taxable property of every school district, together with
24(i) the applicable tax rate used in extending taxes for the
25funds of the district as of September 30 of the previous year

 

 

09900HB0318ham001- 47 -LRB099 04451 KTG 33337 a

1and (ii) the limiting rate for all school districts subject to
2property tax extension limitations as imposed under the
3Property Tax Extension Limitation Law.
4    The Department of Revenue shall add to the equalized
5assessed value of all taxable property of each school district
6situated entirely or partially within a county that is or was
7subject to the provisions of Section 15-176 or 15-177 of the
8Property Tax Code (a) an amount equal to the total amount by
9which the homestead exemption allowed under Section 15-176 or
1015-177 of the Property Tax Code for real property situated in
11that school district exceeds the total amount that would have
12been allowed in that school district if the maximum reduction
13under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
14all other counties in tax year 2003 or (ii) $5,000 in all
15counties in tax year 2004 and thereafter and (b) an amount
16equal to the aggregate amount for the taxable year of all
17additional exemptions under Section 15-175 of the Property Tax
18Code for owners with a household income of $30,000 or less. The
19county clerk of any county that is or was subject to the
20provisions of Section 15-176 or 15-177 of the Property Tax Code
21shall annually calculate and certify to the Department of
22Revenue for each school district all homestead exemption
23amounts under Section 15-176 or 15-177 of the Property Tax Code
24and all amounts of additional exemptions under Section 15-175
25of the Property Tax Code for owners with a household income of
26$30,000 or less. It is the intent of this paragraph that if the

 

 

09900HB0318ham001- 48 -LRB099 04451 KTG 33337 a

1general homestead exemption for a parcel of property is
2determined under Section 15-176 or 15-177 of the Property Tax
3Code rather than Section 15-175, then the calculation of
4Available Local Resources shall not be affected by the
5difference, if any, between the amount of the general homestead
6exemption allowed for that parcel of property under Section
715-176 or 15-177 of the Property Tax Code and the amount that
8would have been allowed had the general homestead exemption for
9that parcel of property been determined under Section 15-175 of
10the Property Tax Code. It is further the intent of this
11paragraph that if additional exemptions are allowed under
12Section 15-175 of the Property Tax Code for owners with a
13household income of less than $30,000, then the calculation of
14Available Local Resources shall not be affected by the
15difference, if any, because of those additional exemptions.
16    This equalized assessed valuation, as adjusted further by
17the requirements of this subsection, shall be utilized in the
18calculation of Available Local Resources.
19    (2) The equalized assessed valuation in paragraph (1) shall
20be adjusted, as applicable, in the following manner:
21        (a) For the purposes of calculating State aid under
22    this Section, with respect to any part of a school district
23    within a redevelopment project area in respect to which a
24    municipality has adopted tax increment allocation
25    financing pursuant to the Tax Increment Allocation
26    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11

 

 

09900HB0318ham001- 49 -LRB099 04451 KTG 33337 a

1    of the Illinois Municipal Code or the Industrial Jobs
2    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
3    Illinois Municipal Code, no part of the current equalized
4    assessed valuation of real property located in any such
5    project area which is attributable to an increase above the
6    total initial equalized assessed valuation of such
7    property shall be used as part of the equalized assessed
8    valuation of the district, until such time as all
9    redevelopment project costs have been paid, as provided in
10    Section 11-74.4-8 of the Tax Increment Allocation
11    Redevelopment Act or in Section 11-74.6-35 of the
12    Industrial Jobs Recovery Law. For the purpose of the
13    equalized assessed valuation of the district, the total
14    initial equalized assessed valuation or the current
15    equalized assessed valuation, whichever is lower, shall be
16    used until such time as all redevelopment project costs
17    have been paid.
18        (b) The real property equalized assessed valuation for
19    a school district shall be adjusted by subtracting from the
20    real property value as equalized or assessed by the
21    Department of Revenue for the district an amount computed
22    by dividing the amount of any abatement of taxes under
23    Section 18-170 of the Property Tax Code by 3.00% for a
24    district maintaining grades kindergarten through 12, by
25    2.30% for a district maintaining grades kindergarten
26    through 8, or by 1.05% for a district maintaining grades 9

 

 

09900HB0318ham001- 50 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 51 -LRB099 04451 KTG 33337 a

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

 

 

09900HB0318ham001- 52 -LRB099 04451 KTG 33337 a

1calculated under this subsection (G)(3) is less than the
2district's equalized assessed valuation as calculated pursuant
3to subsections (G)(1) and (G)(2), then for purposes of
4calculating the district's general State aid for the Budget
5Year pursuant to subsection (E), that Extension Limitation
6Equalized Assessed Valuation shall be utilized to calculate the
7district's Available Local Resources under subsection (D). For
8the 2009-2010 school year and each school year thereafter, if a
9school district has approved or does approve an increase in its
10limiting rate, pursuant to Section 18-190 of the Property Tax
11Code, affecting the Base Tax Year, the Extension Limitation
12Equalized Assessed Valuation of the school district, as
13calculated by the State Board of Education, shall be equal to
14the product of the Equalized Assessed Valuation last used in
15the calculation of general State aid times an amount equal to
16one plus the percentage increase, if any, in the Consumer Price
17Index for all Urban Consumers for all items published by the
18United States Department of Labor for the 12-month calendar
19year preceding the Base Tax Year, plus the Equalized Assessed
20Valuation of new property, annexed property, and recovered tax
21increment value and minus the Equalized Assessed Valuation of
22disconnected property. New property and recovered tax
23increment value shall have the meanings set forth in the
24Property Tax Extension Limitation Law.
25    Partial elementary unit districts created in accordance
26with Article 11E of this Code shall not be eligible for the

 

 

09900HB0318ham001- 53 -LRB099 04451 KTG 33337 a

1adjustment in this subsection (G)(3) until the fifth year
2following the effective date of the reorganization.
3    (3.5) For the 2010-2011 school year and each school year
4thereafter, if a school district's boundaries span multiple
5counties, then the Department of Revenue shall send to the
6State Board of Education, for the purpose of calculating
7general State aid, the limiting rate and individual rates by
8purpose for the county that contains the majority of the school
9district's Equalized Assessed Valuation.
10    (4) For the purposes of calculating general State aid for
11the 1999-2000 school year only, if a school district
12experienced a triennial reassessment on the equalized assessed
13valuation used in calculating its general State financial aid
14apportionment for the 1998-1999 school year, the State Board of
15Education shall calculate the Extension Limitation Equalized
16Assessed Valuation that would have been used to calculate the
17district's 1998-1999 general State aid. This amount shall equal
18the product of the equalized assessed valuation used to
19calculate general State aid for the 1997-1998 school year and
20the district's Extension Limitation Ratio. If the Extension
21Limitation Equalized Assessed Valuation of the school district
22as calculated under this paragraph (4) is less than the
23district's equalized assessed valuation utilized in
24calculating the district's 1998-1999 general State aid
25allocation, then for purposes of calculating the district's
26general State aid pursuant to paragraph (5) of subsection (E),

 

 

09900HB0318ham001- 54 -LRB099 04451 KTG 33337 a

1that Extension Limitation Equalized Assessed Valuation shall
2be utilized to calculate the district's Available Local
3Resources.
4    (5) For school districts having a majority of their
5equalized assessed valuation in any county except Cook, DuPage,
6Kane, Lake, McHenry, or Will, if the amount of general State
7aid allocated to the school district for the 1999-2000 school
8year under the provisions of subsection (E), (H), and (J) of
9this Section is less than the amount of general State aid
10allocated to the district for the 1998-1999 school year under
11these subsections, then the general State aid of the district
12for the 1999-2000 school year only shall be increased by the
13difference between these amounts. The total payments made under
14this paragraph (5) shall not exceed $14,000,000. Claims shall
15be prorated if they exceed $14,000,000.
 
16(H) Supplemental General State Aid.
17    (1) In addition to the general State aid a school district
18is allotted pursuant to subsection (E), qualifying school
19districts shall receive a grant, paid in conjunction with a
20district's payments of general State aid, for supplemental
21general State aid based upon the concentration level of
22children from low-income households within the school
23district. Supplemental State aid grants provided for school
24districts under this subsection shall be appropriated for
25distribution to school districts as part of the same line item

 

 

09900HB0318ham001- 55 -LRB099 04451 KTG 33337 a

1in which the general State financial aid of school districts is
2appropriated under this Section.
3    (1.5) This paragraph (1.5) applies only to those school
4years preceding the 2003-2004 school year. For purposes of this
5subsection (H), the term "Low-Income Concentration Level"
6shall be the low-income eligible pupil count from the most
7recently available federal census divided by the Average Daily
8Attendance of the school district. If, however, (i) the
9percentage decrease from the 2 most recent federal censuses in
10the low-income eligible pupil count of a high school district
11with fewer than 400 students exceeds by 75% or more the
12percentage change in the total low-income eligible pupil count
13of contiguous elementary school districts, whose boundaries
14are coterminous with the high school district, or (ii) a high
15school district within 2 counties and serving 5 elementary
16school districts, whose boundaries are coterminous with the
17high school district, has a percentage decrease from the 2 most
18recent federal censuses in the low-income eligible pupil count
19and there is a percentage increase in the total low-income
20eligible pupil count of a majority of the elementary school
21districts in excess of 50% from the 2 most recent federal
22censuses, then the high school district's low-income eligible
23pupil count from the earlier federal census shall be the number
24used as the low-income eligible pupil count for the high school
25district, for purposes of this subsection (H). The changes made
26to this paragraph (1) by Public Act 92-28 shall apply to

 

 

09900HB0318ham001- 56 -LRB099 04451 KTG 33337 a

1supplemental general State aid grants for school years
2preceding the 2003-2004 school year that are paid in fiscal
3year 1999 or thereafter and to any State aid payments made in
4fiscal year 1994 through fiscal year 1998 pursuant to
5subsection 1(n) of Section 18-8 of this Code (which was
6repealed on July 1, 1998), and any high school district that is
7affected by Public Act 92-28 is entitled to a recomputation of
8its supplemental general State aid grant or State aid paid in
9any of those fiscal years. This recomputation shall not be
10affected by any other funding.
11    (1.10) This paragraph (1.10) applies to the 2003-2004
12school year and each school year thereafter. For purposes of
13this subsection (H), the term "Low-Income Concentration Level"
14shall, for each fiscal year, be the low-income eligible pupil
15count as of July 1 of the immediately preceding fiscal year (as
16determined by the Department of Human Services based on the
17number of pupils who are eligible for at least one of the
18following low income programs: Medicaid, the Children's Health
19Insurance Program, TANF, or Food Stamps, excluding pupils who
20are eligible for services provided by the Department of
21Children and Family Services, averaged over the 2 immediately
22preceding fiscal years for fiscal year 2004 and over the 3
23immediately preceding fiscal years for each fiscal year
24thereafter) divided by the Average Daily Attendance of the
25school district.
26    (2) Supplemental general State aid pursuant to this

 

 

09900HB0318ham001- 57 -LRB099 04451 KTG 33337 a

1subsection (H) shall be provided as follows for the 1998-1999,
21999-2000, and 2000-2001 school years only:
3        (a) For any school district with a Low Income
4    Concentration Level of at least 20% and less than 35%, the
5    grant for any school year shall be $800 multiplied by the
6    low income eligible pupil count.
7        (b) For any school district with a Low Income
8    Concentration Level of at least 35% and less than 50%, the
9    grant for the 1998-1999 school year shall be $1,100
10    multiplied by the low income eligible pupil count.
11        (c) For any school district with a Low Income
12    Concentration Level of at least 50% and less than 60%, the
13    grant for the 1998-99 school year shall be $1,500
14    multiplied by the low income eligible pupil count.
15        (d) For any school district with a Low Income
16    Concentration Level of 60% or more, the grant for the
17    1998-99 school year shall be $1,900 multiplied by the low
18    income eligible pupil count.
19        (e) For the 1999-2000 school year, the per pupil amount
20    specified in subparagraphs (b), (c), and (d) immediately
21    above shall be increased to $1,243, $1,600, and $2,000,
22    respectively.
23        (f) For the 2000-2001 school year, the per pupil
24    amounts specified in subparagraphs (b), (c), and (d)
25    immediately above shall be $1,273, $1,640, and $2,050,
26    respectively.

 

 

09900HB0318ham001- 58 -LRB099 04451 KTG 33337 a

1    (2.5) Supplemental general State aid pursuant to this
2subsection (H) shall be provided as follows for the 2002-2003
3school year:
4        (a) For any school district with a Low Income
5    Concentration Level of less than 10%, the grant for each
6    school year shall be $355 multiplied by the low income
7    eligible pupil count.
8        (b) For any school district with a Low Income
9    Concentration Level of at least 10% and less than 20%, the
10    grant for each school year shall be $675 multiplied by the
11    low income eligible pupil count.
12        (c) For any school district with a Low Income
13    Concentration Level of at least 20% and less than 35%, the
14    grant for each school year shall be $1,330 multiplied by
15    the low income eligible pupil count.
16        (d) For any school district with a Low Income
17    Concentration Level of at least 35% and less than 50%, the
18    grant for each school year shall be $1,362 multiplied by
19    the low income eligible pupil count.
20        (e) For any school district with a Low Income
21    Concentration Level of at least 50% and less than 60%, the
22    grant for each school year shall be $1,680 multiplied by
23    the low income eligible pupil count.
24        (f) For any school district with a Low Income
25    Concentration Level of 60% or more, the grant for each
26    school year shall be $2,080 multiplied by the low income

 

 

09900HB0318ham001- 59 -LRB099 04451 KTG 33337 a

1    eligible pupil count.
2    (2.10) Except as otherwise provided, supplemental general
3State aid pursuant to this subsection (H) shall be provided as
4follows for the 2003-2004 school year and each school year
5thereafter:
6        (a) For any school district with a Low Income
7    Concentration Level of 15% or less, the grant for each
8    school year shall be $355 multiplied by the low income
9    eligible pupil count.
10        (b) For any school district with a Low Income
11    Concentration Level greater than 15%, the grant for each
12    school year shall be $294.25 added to the product of $2,700
13    and the square of the Low Income Concentration Level, all
14    multiplied by the low income eligible pupil count.
15    For the 2003-2004 school year and each school year
16thereafter through the 2008-2009 school year only, the grant
17shall be no less than the grant for the 2002-2003 school year.
18For the 2009-2010 school year only, the grant shall be no less
19than the grant for the 2002-2003 school year multiplied by
200.66. For the 2010-2011 school year only, the grant shall be no
21less than the grant for the 2002-2003 school year multiplied by
220.33. Notwithstanding the provisions of this paragraph to the
23contrary, if for any school year supplemental general State aid
24grants are prorated as provided in paragraph (1) of this
25subsection (H), then the grants under this paragraph shall be
26prorated.

 

 

09900HB0318ham001- 60 -LRB099 04451 KTG 33337 a

1    For the 2003-2004 school year only, the grant shall be no
2greater than the grant received during the 2002-2003 school
3year added to the product of 0.25 multiplied by the difference
4between the grant amount calculated under subsection (a) or (b)
5of this paragraph (2.10), whichever is applicable, and the
6grant received during the 2002-2003 school year. For the
72004-2005 school year only, the grant shall be no greater than
8the grant received during the 2002-2003 school year added to
9the product of 0.50 multiplied by the difference between the
10grant amount calculated under subsection (a) or (b) of this
11paragraph (2.10), whichever is applicable, and the grant
12received during the 2002-2003 school year. For the 2005-2006
13school year only, the grant shall be no greater than the grant
14received during the 2002-2003 school year added to the product
15of 0.75 multiplied by the difference between the grant amount
16calculated under subsection (a) or (b) of this paragraph
17(2.10), whichever is applicable, and the grant received during
18the 2002-2003 school year.
19    (3) School districts with an Average Daily Attendance of
20more than 1,000 and less than 50,000 that qualify for
21supplemental general State aid pursuant to this subsection
22shall submit a plan to the State Board of Education prior to
23October 30 of each year for the use of the funds resulting from
24this grant of supplemental general State aid for the
25improvement of instruction in which priority is given to
26meeting the education needs of disadvantaged children. Such

 

 

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1plan shall be submitted in accordance with rules and
2regulations promulgated by the State Board of Education.
3    (4) School districts with an Average Daily Attendance of
450,000 or more that qualify for supplemental general State aid
5pursuant to this subsection shall be required to distribute
6from funds available pursuant to this Section, no less than
7$261,000,000 in accordance with the following requirements:
8        (a) The required amounts shall be distributed to the
9    attendance centers within the district in proportion to the
10    number of pupils enrolled at each attendance center who are
11    eligible to receive free or reduced-price lunches or
12    breakfasts under the federal Child Nutrition Act of 1966
13    and under the National School Lunch Act during the
14    immediately preceding school year.
15        (b) The distribution of these portions of supplemental
16    and general State aid among attendance centers according to
17    these requirements shall not be compensated for or
18    contravened by adjustments of the total of other funds
19    appropriated to any attendance centers, and the Board of
20    Education shall utilize funding from one or several sources
21    in order to fully implement this provision annually prior
22    to the opening of school.
23        (c) Each attendance center shall be provided by the
24    school district a distribution of noncategorical funds and
25    other categorical funds to which an attendance center is
26    entitled under law in order that the general State aid and

 

 

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1    supplemental general State aid provided by application of
2    this subsection supplements rather than supplants the
3    noncategorical funds and other categorical funds provided
4    by the school district to the attendance centers.
5        (d) Any funds made available under this subsection that
6    by reason of the provisions of this subsection are not
7    required to be allocated and provided to attendance centers
8    may be used and appropriated by the board of the district
9    for any lawful school purpose.
10        (e) Funds received by an attendance center pursuant to
11    this subsection shall be used by the attendance center at
12    the discretion of the principal and local school council
13    for programs to improve educational opportunities at
14    qualifying schools through the following programs and
15    services: early childhood education, reduced class size or
16    improved adult to student classroom ratio, enrichment
17    programs, remedial assistance, attendance improvement, and
18    other educationally beneficial expenditures which
19    supplement the regular and basic programs as determined by
20    the State Board of Education. Funds provided shall not be
21    expended for any political or lobbying purposes as defined
22    by board rule.
23        (f) Each district subject to the provisions of this
24    subdivision (H)(4) shall submit an acceptable plan to meet
25    the educational needs of disadvantaged children, in
26    compliance with the requirements of this paragraph, to the

 

 

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1    State Board of Education prior to July 15 of each year.
2    This plan shall be consistent with the decisions of local
3    school councils concerning the school expenditure plans
4    developed in accordance with part 4 of Section 34-2.3. The
5    State Board shall approve or reject the plan within 60 days
6    after its submission. If the plan is rejected, the district
7    shall give written notice of intent to modify the plan
8    within 15 days of the notification of rejection and then
9    submit a modified plan within 30 days after the date of the
10    written notice of intent to modify. Districts may amend
11    approved plans pursuant to rules promulgated by the State
12    Board of Education.
13        Upon notification by the State Board of Education that
14    the district has not submitted a plan prior to July 15 or a
15    modified plan within the time period specified herein, the
16    State aid funds affected by that plan or modified plan
17    shall be withheld by the State Board of Education until a
18    plan or modified plan is submitted.
19        If the district fails to distribute State aid to
20    attendance centers in accordance with an approved plan, the
21    plan for the following year shall allocate funds, in
22    addition to the funds otherwise required by this
23    subsection, to those attendance centers which were
24    underfunded during the previous year in amounts equal to
25    such underfunding.
26        For purposes of determining compliance with this

 

 

09900HB0318ham001- 64 -LRB099 04451 KTG 33337 a

1    subsection in relation to the requirements of attendance
2    center funding, each district subject to the provisions of
3    this subsection shall submit as a separate document by
4    December 1 of each year a report of expenditure data for
5    the prior year in addition to any modification of its
6    current plan. If it is determined that there has been a
7    failure to comply with the expenditure provisions of this
8    subsection regarding contravention or supplanting, the
9    State Superintendent of Education shall, within 60 days of
10    receipt of the report, notify the district and any affected
11    local school council. The district shall within 45 days of
12    receipt of that notification inform the State
13    Superintendent of Education of the remedial or corrective
14    action to be taken, whether by amendment of the current
15    plan, if feasible, or by adjustment in the plan for the
16    following year. Failure to provide the expenditure report
17    or the notification of remedial or corrective action in a
18    timely manner shall result in a withholding of the affected
19    funds.
20        The State Board of Education shall promulgate rules and
21    regulations to implement the provisions of this
22    subsection. No funds shall be released under this
23    subdivision (H)(4) to any district that has not submitted a
24    plan that has been approved by the State Board of
25    Education.
 

 

 

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1(I) (Blank).
 
2(J) (Blank).
 
3(K) Grants to Laboratory and Alternative Schools.
4    In calculating the amount to be paid to the governing board
5of a public university that operates a laboratory school under
6this Section or to any alternative school that is operated by a
7regional superintendent of schools, the State Board of
8Education shall require by rule such reporting requirements as
9it deems necessary.
10    As used in this Section, "laboratory school" means a public
11school which is created and operated by a public university and
12approved by the State Board of Education. The governing board
13of a public university which receives funds from the State
14Board under this subsection (K) may not increase the number of
15students enrolled in its laboratory school from a single
16district, if that district is already sending 50 or more
17students, except under a mutual agreement between the school
18board of a student's district of residence and the university
19which operates the laboratory school. A laboratory school may
20not have more than 1,000 students, excluding students with
21disabilities in a special education program.
22    As used in this Section, "alternative school" means a
23public school which is created and operated by a Regional
24Superintendent of Schools and approved by the State Board of

 

 

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1Education. Such alternative schools may offer courses of
2instruction for which credit is given in regular school
3programs, courses to prepare students for the high school
4equivalency testing program or vocational and occupational
5training. A regional superintendent of schools may contract
6with a school district or a public community college district
7to operate an alternative school. An alternative school serving
8more than one educational service region may be established by
9the regional superintendents of schools of the affected
10educational service regions. An alternative school serving
11more than one educational service region may be operated under
12such terms as the regional superintendents of schools of those
13educational service regions may agree.
14    Each laboratory and alternative school shall file, on forms
15provided by the State Superintendent of Education, an annual
16State aid claim which states the Average Daily Attendance of
17the school's students by month. The best 3 months' Average
18Daily Attendance shall be computed for each school. The general
19State aid entitlement shall be computed by multiplying the
20applicable Average Daily Attendance by the Foundation Level as
21determined under this Section.
 
22(L) Payments, Additional Grants in Aid and Other Requirements.
23    (1) For a school district operating under the financial
24supervision of an Authority created under Article 34A, the
25general State aid otherwise payable to that district under this

 

 

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1Section, but not the supplemental general State aid, shall be
2reduced by an amount equal to the budget for the operations of
3the Authority as certified by the Authority to the State Board
4of Education, and an amount equal to such reduction shall be
5paid to the Authority created for such district for its
6operating expenses in the manner provided in Section 18-11. The
7remainder of general State school aid for any such district
8shall be paid in accordance with Article 34A when that Article
9provides for a disposition other than that provided by this
10Article.
11    (2) (Blank).
12    (3) Summer school. Summer school payments shall be made as
13provided in Section 18-4.3.
 
14(M) Education Funding Advisory Board.
15    The Education Funding Advisory Board, hereinafter in this
16subsection (M) referred to as the "Board", is hereby created.
17The Board shall consist of 5 members who are appointed by the
18Governor, by and with the advice and consent of the Senate. The
19members appointed shall include representatives of education,
20business, and the general public. One of the members so
21appointed shall be designated by the Governor at the time the
22appointment is made as the chairperson of the Board. The
23initial members of the Board may be appointed any time after
24the effective date of this amendatory Act of 1997. The regular
25term of each member of the Board shall be for 4 years from the

 

 

09900HB0318ham001- 68 -LRB099 04451 KTG 33337 a

1third Monday of January of the year in which the term of the
2member's appointment is to commence, except that of the 5
3initial members appointed to serve on the Board, the member who
4is appointed as the chairperson shall serve for a term that
5commences on the date of his or her appointment and expires on
6the third Monday of January, 2002, and the remaining 4 members,
7by lots drawn at the first meeting of the Board that is held
8after all 5 members are appointed, shall determine 2 of their
9number to serve for terms that commence on the date of their
10respective appointments and expire on the third Monday of
11January, 2001, and 2 of their number to serve for terms that
12commence on the date of their respective appointments and
13expire on the third Monday of January, 2000. All members
14appointed to serve on the Board shall serve until their
15respective successors are appointed and confirmed. Vacancies
16shall be filled in the same manner as original appointments. If
17a vacancy in membership occurs at a time when the Senate is not
18in session, the Governor shall make a temporary appointment
19until the next meeting of the Senate, when he or she shall
20appoint, by and with the advice and consent of the Senate, a
21person to fill that membership for the unexpired term. If the
22Senate is not in session when the initial appointments are
23made, those appointments shall be made as in the case of
24vacancies.
25    The Education Funding Advisory Board shall be deemed
26established, and the initial members appointed by the Governor

 

 

09900HB0318ham001- 69 -LRB099 04451 KTG 33337 a

1to serve as members of the Board shall take office, on the date
2that the Governor makes his or her appointment of the fifth
3initial member of the Board, whether those initial members are
4then serving pursuant to appointment and confirmation or
5pursuant to temporary appointments that are made by the
6Governor as in the case of vacancies.
7    The State Board of Education shall provide such staff
8assistance to the Education Funding Advisory Board as is
9reasonably required for the proper performance by the Board of
10its responsibilities.
11    For school years after the 2000-2001 school year, the
12Education Funding Advisory Board, in consultation with the
13State Board of Education, shall make recommendations as
14provided in this subsection (M) to the General Assembly for the
15foundation level under subdivision (B)(3) of this Section and
16for the supplemental general State aid grant level under
17subsection (H) of this Section for districts with high
18concentrations of children from poverty. The recommended
19foundation level shall be determined based on a methodology
20which incorporates the basic education expenditures of
21low-spending schools exhibiting high academic performance. The
22Education Funding Advisory Board shall make such
23recommendations to the General Assembly on January 1 of odd
24numbered years, beginning January 1, 2001.
 
25(N) (Blank).
 

 

 

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1(O) References.
2    (1) References in other laws to the various subdivisions of
3Section 18-8 as that Section existed before its repeal and
4replacement by this Section 18-8.05 shall be deemed to refer to
5the corresponding provisions of this Section 18-8.05, to the
6extent that those references remain applicable.
7    (2) References in other laws to State Chapter 1 funds shall
8be deemed to refer to the supplemental general State aid
9provided under subsection (H) of this Section.
 
10(P) Public Act 93-838 and Public Act 93-808 make inconsistent
11changes to this Section. Under Section 6 of the Statute on
12Statutes there is an irreconcilable conflict between Public Act
1393-808 and Public Act 93-838. Public Act 93-838, being the last
14acted upon, is controlling. The text of Public Act 93-838 is
15the law regardless of the text of Public Act 93-808.
 
16(Q) State Fiscal Year 2015 Payments.
17    For payments made for State fiscal year 2015, the State
18Board of Education shall, for each school district, calculate
19that district's pro-rata share of a minimum sum of $13,600,000
20or additional amount as needed from the total net General State
21Aid funding as calculated under this Section that shall be
22deemed attributable to the provision of special educational
23facilities and services, as defined in Section 14-1.08 of this

 

 

09900HB0318ham001- 71 -LRB099 04451 KTG 33337 a

1Code, in a manner that ensures compliance with maintenance of
2State financial support requirements under the federal
3Individuals with Disabilities Education Act. Each school
4district must use such funds only for the provision of special
5educational facilities and services, as defined in Section
614-1.08 of this Code, and must comply with any expenditure
7verification procedures adopted by the State Board of
8Education.
9(Source: P.A. 97-339, eff. 8-12-11; 97-351, eff. 8-12-11;
1097-742, eff. 6-30-13; 97-813, eff. 7-13-12; 98-972, eff.
118-15-14.)
 
12    Section 25. The Illinois Public Aid Code is amended by
13adding Section 5-5b.1 and by changing Sections 5-5e, 5A-2,
145A-10, and 14-12 as follows:
 
15    (305 ILCS 5/5-5b.1 new)
16    Sec. 5-5b.1. Reimbursement rates; Fiscal Year 2015
17reductions.
18    (a) Except as provided in subsection (b), notwithstanding
19any other provision of this Code to the contrary, and subject
20to rescission if not federally approved, providers of the
21following services shall have their reimbursement rates or
22dispensing fees reduced for the remainder of State fiscal year
232015 by an amount equivalent to a 2.25% reduction in
24appropriations from the General Revenue Fund for the medical

 

 

09900HB0318ham001- 72 -LRB099 04451 KTG 33337 a

1assistance program for the full fiscal year:
2        (1) Nursing facility services delivered by a nursing
3    facility licensed under the Nursing Home Care Act.
4        (2) Home health services.
5        (3) Services delivered by a facility designated as a
6    Children's Habilitation Center.
7        (4) Services delivered by a supportive living facility
8    as defined in Section 5-5.01a.
9        (5) Services delivered by a specialized mental health
10    rehabilitation facility licensed under the Specialized
11    Mental Health Rehabilitation Act of 2013.
12        (6) Ambulance services.
13        (7) Services delivered by a long term care facility
14    licensed under the ID/DD Community Care Act, and
15    developmental training services.
16        (8) Pharmacy services.
17        (9) Services delivered by a federally qualified health
18    center as defined in Section 1905 (l)(2)(B) of the federal
19    Social Security Act.
20        (10) Services delivered by a Managed Care Entity, with
21    the exception of the rate paid to Managed Care Entities for
22    services attributed to hospitals.
23        (11) Services for the treatment of hemophilia.
24        (12) Primary care physician services.
25        (13) Dental services.
26        (14) Optometric services.

 

 

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1        (15) Podiatry services.
2        (16) Hospice care, including routine home care,
3    continuous home care, inpatient respite care, and general
4    inpatient care.
5        (17) Laboratory services or services provided by
6    independent laboratories.
7        (18) Durable medical equipment and supplies.
8        (19) Renal dialysis services.
9        (20) Birth Center Services.
10        (21) Emergency services.
11    (b) No provider shall be exempt from the rate reductions
12authorized under this Section, except that, rates or payments,
13or the portion thereof, paid to a provider that is operated by
14a unit of local government that provides the non-federal share
15of such services shall not be reduced as provided in this
16Section.
17    (c) To the extent practical and subject to rescission if
18not federally approved, the reductions required under this
19Section must be applied uniformly among and within each group,
20class, subgroup, or category of providers listed in this
21Section.
22    (d) In order to provide for the expeditious and timely
23implementation of the provisions of this Section, emergency
24rules to implement any provision of this Section may be adopted
25by the Department in accordance with subsection (s) of Section
265-45 of the Illinois Administrative Procedure Act.
 

 

 

09900HB0318ham001- 74 -LRB099 04451 KTG 33337 a

1    (305 ILCS 5/5-5e)
2    (Text of Section before amendment by P.A. 98-1166)
3    Sec. 5-5e. Adjusted rates of reimbursement.
4    (a) Rates or payments for services in effect on June 30,
52012 shall be adjusted and services shall be affected as
6required by any other provision of this amendatory Act of the
797th General Assembly. In addition, the Department shall do the
8following:
9        (1) Delink the per diem rate paid for supportive living
10    facility services from the per diem rate paid for nursing
11    facility services, effective for services provided on or
12    after May 1, 2011.
13        (2) Cease payment for bed reserves in nursing
14    facilities and specialized mental health rehabilitation
15    facilities.
16        (2.5) Cease payment for bed reserves for purposes of
17    inpatient hospitalizations to intermediate care facilities
18    for persons with development disabilities, except in the
19    instance of residents who are under 21 years of age.
20        (3) Cease payment of the $10 per day add-on payment to
21    nursing facilities for certain residents with
22    developmental disabilities.
23    (b) After the application of subsection (a),
24notwithstanding any other provision of this Code to the
25contrary and to the extent permitted by federal law, on and

 

 

09900HB0318ham001- 75 -LRB099 04451 KTG 33337 a

1after July 1, 2012, the rates of reimbursement for services and
2other payments provided under this Code shall further be
3reduced as follows:
4        (1) Rates or payments for physician services, dental
5    services, or community health center services reimbursed
6    through an encounter rate, and services provided under the
7    Medicaid Rehabilitation Option of the Illinois Title XIX
8    State Plan shall not be further reduced, except as provided
9    in Section 5-5b.1.
10        (2) Rates or payments, or the portion thereof, paid to
11    a provider that is operated by a unit of local government
12    or State University that provides the non-federal share of
13    such services shall not be further reduced, except as
14    provided in Section 5-5b.1.
15        (3) Rates or payments for hospital services delivered
16    by a hospital defined as a Safety-Net Hospital under
17    Section 5-5e.1 of this Code shall not be further reduced,
18    except as provided in Section 5-5b.1.
19        (4) Rates or payments for hospital services delivered
20    by a Critical Access Hospital, which is an Illinois
21    hospital designated as a critical care hospital by the
22    Department of Public Health in accordance with 42 CFR 485,
23    Subpart F, shall not be further reduced, except as provided
24    in Section 5-5b.1.
25        (5) Rates or payments for Nursing Facility Services
26    shall only be further adjusted pursuant to Section 5-5.2 of

 

 

09900HB0318ham001- 76 -LRB099 04451 KTG 33337 a

1    this Code.
2        (6) Rates or payments for services delivered by long
3    term care facilities licensed under the ID/DD Community
4    Care Act and developmental training services shall not be
5    further reduced, except as provided in Section 5-5b.1.
6        (7) Rates or payments for services provided under
7    capitation rates shall be adjusted taking into
8    consideration the rates reduction and covered services
9    required by this amendatory Act of the 97th General
10    Assembly.
11        (8) For hospitals not previously described in this
12    subsection, the rates or payments for hospital services
13    shall be further reduced by 3.5%, except for payments
14    authorized under Section 5A-12.4 of this Code.
15        (9) For all other rates or payments for services
16    delivered by providers not specifically referenced in
17    paragraphs (1) through (8), rates or payments shall be
18    further reduced by 2.7%.
19    (c) Any assessment imposed by this Code shall continue and
20nothing in this Section shall be construed to cause it to
21cease.
22    (d) Notwithstanding any other provision of this Code to the
23contrary, subject to federal approval under Title XIX of the
24Social Security Act, for dates of service on and after July 1,
252014, rates or payments for services provided for the purpose
26of transitioning children from a hospital to home placement or

 

 

09900HB0318ham001- 77 -LRB099 04451 KTG 33337 a

1other appropriate setting by a children's community-based
2health care center authorized under the Alternative Health Care
3Delivery Act shall be $683 per day.
4    (e) Notwithstanding any other provision of this Code to the
5contrary, subject to federal approval under Title XIX of the
6Social Security Act, for dates of service on and after July 1,
72014, rates or payments for home health visits shall be $72.
8    (f) Notwithstanding any other provision of this Code to the
9contrary, subject to federal approval under Title XIX of the
10Social Security Act, for dates of service on and after July 1,
112014, rates or payments for the certified nursing assistant
12component of the home health agency rate shall be $20.
13(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13;
1498-651, eff. 6-16-14.)
 
15    (Text of Section after amendment by P.A. 98-1166)
16    Sec. 5-5e. Adjusted rates of reimbursement.
17    (a) Rates or payments for services in effect on June 30,
182012 shall be adjusted and services shall be affected as
19required by any other provision of this amendatory Act of the
2097th General Assembly. In addition, the Department shall do the
21following:
22        (1) Delink the per diem rate paid for supportive living
23    facility services from the per diem rate paid for nursing
24    facility services, effective for services provided on or
25    after May 1, 2011.

 

 

09900HB0318ham001- 78 -LRB099 04451 KTG 33337 a

1        (2) Cease payment for bed reserves in nursing
2    facilities and specialized mental health rehabilitation
3    facilities; for purposes of therapeutic home visits for
4    individuals scoring as TBI on the MDS 3.0, beginning June
5    1, 2015, the Department shall approve payments for bed
6    reserves in nursing facilities and specialized mental
7    health rehabilitation facilities that have at least a 90%
8    occupancy level and at least 80% of their residents are
9    Medicaid eligible. Payment shall be at a daily rate of 75%
10    of an individual's current Medicaid per diem and shall not
11    exceed 10 days in a calendar month.
12        (2.5) Cease payment for bed reserves for purposes of
13    inpatient hospitalizations to intermediate care facilities
14    for persons with development disabilities, except in the
15    instance of residents who are under 21 years of age.
16        (3) Cease payment of the $10 per day add-on payment to
17    nursing facilities for certain residents with
18    developmental disabilities.
19    (b) After the application of subsection (a),
20notwithstanding any other provision of this Code to the
21contrary and to the extent permitted by federal law, on and
22after July 1, 2012, the rates of reimbursement for services and
23other payments provided under this Code shall further be
24reduced as follows:
25        (1) Rates or payments for physician services, dental
26    services, or community health center services reimbursed

 

 

09900HB0318ham001- 79 -LRB099 04451 KTG 33337 a

1    through an encounter rate, and services provided under the
2    Medicaid Rehabilitation Option of the Illinois Title XIX
3    State Plan shall not be further reduced, except as provided
4    in Section 5-5b.1.
5        (2) Rates or payments, or the portion thereof, paid to
6    a provider that is operated by a unit of local government
7    or State University that provides the non-federal share of
8    such services shall not be further reduced, except as
9    provided in Section 5-5b.1.
10        (3) Rates or payments for hospital services delivered
11    by a hospital defined as a Safety-Net Hospital under
12    Section 5-5e.1 of this Code shall not be further reduced,
13    except as provided in Section 5-5b.1.
14        (4) Rates or payments for hospital services delivered
15    by a Critical Access Hospital, which is an Illinois
16    hospital designated as a critical care hospital by the
17    Department of Public Health in accordance with 42 CFR 485,
18    Subpart F, shall not be further reduced, except as provided
19    in Section 5-5b.1.
20        (5) Rates or payments for Nursing Facility Services
21    shall only be further adjusted pursuant to Section 5-5.2 of
22    this Code.
23        (6) Rates or payments for services delivered by long
24    term care facilities licensed under the ID/DD Community
25    Care Act and developmental training services shall not be
26    further reduced, except as provided in Section 5-5b.1.

 

 

09900HB0318ham001- 80 -LRB099 04451 KTG 33337 a

1        (7) Rates or payments for services provided under
2    capitation rates shall be adjusted taking into
3    consideration the rates reduction and covered services
4    required by this amendatory Act of the 97th General
5    Assembly.
6        (8) For hospitals not previously described in this
7    subsection, the rates or payments for hospital services
8    shall be further reduced by 3.5%, except for payments
9    authorized under Section 5A-12.4 of this Code.
10        (9) For all other rates or payments for services
11    delivered by providers not specifically referenced in
12    paragraphs (1) through (8), rates or payments shall be
13    further reduced by 2.7%.
14    (c) Any assessment imposed by this Code shall continue and
15nothing in this Section shall be construed to cause it to
16cease.
17    (d) Notwithstanding any other provision of this Code to the
18contrary, subject to federal approval under Title XIX of the
19Social Security Act, for dates of service on and after July 1,
202014, rates or payments for services provided for the purpose
21of transitioning children from a hospital to home placement or
22other appropriate setting by a children's community-based
23health care center authorized under the Alternative Health Care
24Delivery Act shall be $683 per day.
25    (e) Notwithstanding any other provision of this Code to the
26contrary, subject to federal approval under Title XIX of the

 

 

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1Social Security Act, for dates of service on and after July 1,
22014, rates or payments for home health visits shall be $72.
3    (f) Notwithstanding any other provision of this Code to the
4contrary, subject to federal approval under Title XIX of the
5Social Security Act, for dates of service on and after July 1,
62014, rates or payments for the certified nursing assistant
7component of the home health agency rate shall be $20.
8(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13;
998-651, eff. 6-16-14; 98-1166, eff. 6-1-15.)
 
10    (305 ILCS 5/5A-2)  (from Ch. 23, par. 5A-2)
11    (Section scheduled to be repealed on July 1, 2018)
12    Sec. 5A-2. Assessment.
13    (a) Subject to Sections 5A-3 and 5A-10, for State fiscal
14years 2009 through 2018, an annual assessment on inpatient
15services is imposed on each hospital provider in an amount
16equal to $218.38 multiplied by the difference of the hospital's
17occupied bed days less the hospital's Medicare bed days,
18provided, however, that the amount of $218.38 shall be
19increased by a uniform percentage to generate an amount equal
20to 75% of the State share of the payments authorized under
21Section 12-5, with such increase only taking effect upon the
22date that a State share for such payments is required under
23federal law. For the period of April through June 2015, the
24amount of $218.38 used to calculate the assessment under this
25paragraph shall, by emergency rule under subsection (s) of

 

 

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1Section 5-45 of the Illinois Administrative Procedure Act, be
2increased by a uniform percentage to generate $20,250,000 in
3the aggregate for that period from all hospitals subject to the
4annual assessment under this paragraph.
5    For State fiscal years 2009 through 2014 and after, a
6hospital's occupied bed days and Medicare bed days shall be
7determined using the most recent data available from each
8hospital's 2005 Medicare cost report as contained in the
9Healthcare Cost Report Information System file, for the quarter
10ending on December 31, 2006, without regard to any subsequent
11adjustments or changes to such data. If a hospital's 2005
12Medicare cost report is not contained in the Healthcare Cost
13Report Information System, then the Illinois Department may
14obtain the hospital provider's occupied bed days and Medicare
15bed days from any source available, including, but not limited
16to, records maintained by the hospital provider, which may be
17inspected at all times during business hours of the day by the
18Illinois Department or its duly authorized agents and
19employees.
20    (b) (Blank).
21    (b-5) Subject to Sections 5A-3 and 5A-10, for the portion
22of State fiscal year 2012, beginning June 10, 2012 through June
2330, 2012, and for State fiscal years 2013 through 2018, an
24annual assessment on outpatient services is imposed on each
25hospital provider in an amount equal to .008766 multiplied by
26the hospital's outpatient gross revenue, provided, however,

 

 

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1that the amount of .008766 shall be increased by a uniform
2percentage to generate an amount equal to 25% of the State
3share of the payments authorized under Section 12-5, with such
4increase only taking effect upon the date that a State share
5for such payments is required under federal law. For the period
6beginning June 10, 2012 through June 30, 2012, the annual
7assessment on outpatient services shall be prorated by
8multiplying the assessment amount by a fraction, the numerator
9of which is 21 days and the denominator of which is 365 days.
10For the period of April through June 2015, the amount of
11.008766 used to calculate the assessment under this paragraph
12shall, by emergency rule under subsection (s) of Section 5-45
13of the Illinois Administrative Procedure Act, be increased by a
14uniform percentage to generate $6,750,000 in the aggregate for
15that period from all hospitals subject to the annual assessment
16under this paragraph.
17    For the portion of State fiscal year 2012, beginning June
1810, 2012 through June 30, 2012, and State fiscal years 2013
19through 2018, a hospital's outpatient gross revenue shall be
20determined using the most recent data available from each
21hospital's 2009 Medicare cost report as contained in the
22Healthcare Cost Report Information System file, for the quarter
23ending on June 30, 2011, without regard to any subsequent
24adjustments or changes to such data. If a hospital's 2009
25Medicare cost report is not contained in the Healthcare Cost
26Report Information System, then the Department may obtain the

 

 

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1hospital provider's outpatient gross revenue from any source
2available, including, but not limited to, records maintained by
3the hospital provider, which may be inspected at all times
4during business hours of the day by the Department or its duly
5authorized agents and employees.
6    (c) (Blank).
7    (d) Notwithstanding any of the other provisions of this
8Section, the Department is authorized to adopt rules to reduce
9the rate of any annual assessment imposed under this Section,
10as authorized by Section 5-46.2 of the Illinois Administrative
11Procedure Act.
12    (e) Notwithstanding any other provision of this Section,
13any plan providing for an assessment on a hospital provider as
14a permissible tax under Title XIX of the federal Social
15Security Act and Medicaid-eligible payments to hospital
16providers from the revenues derived from that assessment shall
17be reviewed by the Illinois Department of Healthcare and Family
18Services, as the Single State Medicaid Agency required by
19federal law, to determine whether those assessments and
20hospital provider payments meet federal Medicaid standards. If
21the Department determines that the elements of the plan may
22meet federal Medicaid standards and a related State Medicaid
23Plan Amendment is prepared in a manner and form suitable for
24submission, that State Plan Amendment shall be submitted in a
25timely manner for review by the Centers for Medicare and
26Medicaid Services of the United States Department of Health and

 

 

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1Human Services and subject to approval by the Centers for
2Medicare and Medicaid Services of the United States Department
3of Health and Human Services. No such plan shall become
4effective without approval by the Illinois General Assembly by
5the enactment into law of related legislation. Notwithstanding
6any other provision of this Section, the Department is
7authorized to adopt rules to reduce the rate of any annual
8assessment imposed under this Section. Any such rules may be
9adopted by the Department under Section 5-50 of the Illinois
10Administrative Procedure Act.
11(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;
1298-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
 
13    (305 ILCS 5/5A-10)  (from Ch. 23, par. 5A-10)
14    Sec. 5A-10. Applicability.
15    (a) The assessment imposed by subsection (a) of Section
165A-2 shall cease to be imposed and the Department's obligation
17to make payments shall immediately cease, and any moneys
18remaining in the Fund shall be refunded to hospital providers
19in proportion to the amounts paid by them, if:
20        (1) The payments to hospitals required under this
21    Article are not eligible for federal matching funds under
22    Title XIX or XXI of the Social Security Act;
23        (2) For State fiscal years 2009 through 2018, the
24    Department of Healthcare and Family Services adopts any
25    administrative rule change to reduce payment rates or

 

 

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1    alters any payment methodology that reduces any payment
2    rates made to operating hospitals under the approved Title
3    XIX or Title XXI State plan in effect January 1, 2008
4    except for:
5            (A) any changes for hospitals described in
6        subsection (b) of Section 5A-3;
7            (B) any rates for payments made under this Article
8        V-A;
9            (C) any changes proposed in State plan amendment
10        transmittal numbers 08-01, 08-02, 08-04, 08-06, and
11        08-07;
12            (D) in relation to any admissions on or after
13        January 1, 2011, a modification in the methodology for
14        calculating outlier payments to hospitals for
15        exceptionally costly stays, for hospitals reimbursed
16        under the diagnosis-related grouping methodology in
17        effect on July 1, 2011; provided that the Department
18        shall be limited to one such modification during the
19        36-month period after the effective date of this
20        amendatory Act of the 96th General Assembly;
21            (E) any changes affecting hospitals authorized by
22        Public Act 97-689; or
23            (F) any changes authorized by Section 14-12 of this
24        Code, or for any changes authorized under Section 5A-15
25        of this Code; or .
26            (G) any changes authorized under Section 5-5b.1.

 

 

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1    (b) The assessment imposed by Section 5A-2 shall not take
2effect or shall cease to be imposed, and the Department's
3obligation to make payments shall immediately cease, if the
4assessment is determined to be an impermissible tax under Title
5XIX of the Social Security Act. Moneys in the Hospital Provider
6Fund derived from assessments imposed prior thereto shall be
7disbursed in accordance with Section 5A-8 to the extent federal
8financial participation is not reduced due to the
9impermissibility of the assessments, and any remaining moneys
10shall be refunded to hospital providers in proportion to the
11amounts paid by them.
12    (c) The assessments imposed by subsection (b-5) of Section
135A-2 shall not take effect or shall cease to be imposed, the
14Department's obligation to make payments shall immediately
15cease, and any moneys remaining in the Fund shall be refunded
16to hospital providers in proportion to the amounts paid by
17them, if the payments to hospitals required under Section
185A-12.4 are not eligible for federal matching funds under Title
19XIX of the Social Security Act.
20    (d) The assessments imposed by Section 5A-2 shall not take
21effect or shall cease to be imposed, the Department's
22obligation to make payments shall immediately cease, and any
23moneys remaining in the Fund shall be refunded to hospital
24providers in proportion to the amounts paid by them, if:
25        (1) for State fiscal years 2013 through 2018, the
26    Department reduces any payment rates to hospitals as in

 

 

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1    effect on May 1, 2012, or alters any payment methodology as
2    in effect on May 1, 2012, that has the effect of reducing
3    payment rates to hospitals, except for any changes
4    affecting hospitals authorized in Public Act 97-689 and any
5    changes authorized by Section 14-12 of this Code, and
6    except for any changes authorized under Section 5A-15, and
7    except for any changes authorized under Section 5-5b.1;
8        (2) for State fiscal years 2013 through 2018, the
9    Department reduces any supplemental payments made to
10    hospitals below the amounts paid for services provided in
11    State fiscal year 2011 as implemented by administrative
12    rules adopted and in effect on or prior to June 30, 2011,
13    except for any changes affecting hospitals authorized in
14    Public Act 97-689 and any changes authorized by Section
15    14-12 of this Code, and except for any changes authorized
16    under Section 5A-15, and except for any changes authorized
17    under Section 5-5b.1; or
18        (3) for State fiscal years 2015 through 2018, the
19    Department reduces the overall effective rate of
20    reimbursement to hospitals below the level authorized
21    under Section 14-12 of this Code, except for any changes
22    under Section 14-12 or Section 5A-15 of this Code, and
23    except for any changes authorized under Section 5-5b.1.
24(Source: P.A. 97-72, eff. 7-1-11; 97-74, eff. 6-30-11; 97-688,
25eff. 6-14-12; 97-689, eff. 6-14-12; 98-463, eff. 8-16-13;
2698-651, eff. 6-16-14.)
 

 

 

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1    (305 ILCS 5/14-12)
2    Sec. 14-12. Hospital rate reform payment system. The
3hospital payment system pursuant to Section 14-11 of this
4Article shall be as follows:
5    (a) Inpatient hospital services. Effective for discharges
6on and after July 1, 2014, reimbursement for inpatient general
7acute care services shall utilize the All Patient Refined
8Diagnosis Related Grouping (APR-DRG) software, version 30,
9distributed by 3MTM Health Information System.
10        (1) The Department shall establish Medicaid weighting
11    factors to be used in the reimbursement system established
12    under this subsection. Initial weighting factors shall be
13    the weighting factors as published by 3M Health Information
14    System, associated with Version 30.0 adjusted for the
15    Illinois experience.
16        (2) The Department shall establish a
17    statewide-standardized amount to be used in the inpatient
18    reimbursement system. The Department shall publish these
19    amounts on its website no later than 10 calendar days prior
20    to their effective date.
21        (3) In addition to the statewide-standardized amount,
22    the Department shall develop adjusters to adjust the rate
23    of reimbursement for critical Medicaid providers or
24    services for trauma, transplantation services, perinatal
25    care, and Graduate Medical Education (GME).

 

 

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1        (4) The Department shall develop add-on payments to
2    account for exceptionally costly inpatient stays,
3    consistent with Medicare outlier principles. Outlier fixed
4    loss thresholds may be updated to control for excessive
5    growth in outlier payments no more frequently than on an
6    annual basis, but at least triennially. Upon updating the
7    fixed loss thresholds, the Department shall be required to
8    update base rates within 12 months.
9        (5) The Department shall define those hospitals or
10    distinct parts of hospitals that shall be exempt from the
11    APR-DRG reimbursement system established under this
12    Section. The Department shall publish these hospitals'
13    inpatient rates on its website no later than 10 calendar
14    days prior to their effective date.
15        (6) Beginning July 1, 2014 and ending on June 30, 2018,
16    in addition to the statewide-standardized amount, the
17    Department shall develop an adjustor to adjust the rate of
18    reimbursement for safety-net hospitals defined in Section
19    5-5e.1 of this Code excluding pediatric hospitals.
20        (7) Beginning July 1, 2014 and ending on June 30, 2018,
21    in addition to the statewide-standardized amount, the
22    Department shall develop an adjustor to adjust the rate of
23    reimbursement for Illinois freestanding inpatient
24    psychiatric hospitals that are not designated as
25    children's hospitals by the Department but are primarily
26    treating patients under the age of 21.

 

 

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1    (b) Outpatient hospital services. Effective for dates of
2service on and after July 1, 2014, reimbursement for outpatient
3services shall utilize the Enhanced Ambulatory Procedure
4Grouping (E-APG) software, version 3.7 distributed by 3MTM
5Health Information System.
6        (1) The Department shall establish Medicaid weighting
7    factors to be used in the reimbursement system established
8    under this subsection. The initial weighting factors shall
9    be the weighting factors as published by 3M Health
10    Information System, associated with Version 3.7.
11        (2) The Department shall establish service specific
12    statewide-standardized amounts to be used in the
13    reimbursement system.
14            (A) The initial statewide standardized amounts,
15        with the labor portion adjusted by the Calendar Year
16        2013 Medicare Outpatient Prospective Payment System
17        wage index with reclassifications, shall be published
18        by the Department on its website no later than 10
19        calendar days prior to their effective date.
20            (B) The Department shall establish adjustments to
21        the statewide-standardized amounts for each Critical
22        Access Hospital, as designated by the Department of
23        Public Health in accordance with 42 CFR 485, Subpart F.
24        The EAPG standardized amounts are determined
25        separately for each critical access hospital such that
26        simulated EAPG payments using outpatient base period

 

 

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1        paid claim data plus payments under Section 5A-12.4 of
2        this Code net of the associated tax costs are equal to
3        the estimated costs of outpatient base period claims
4        data with a rate year cost inflation factor applied.
5        (3) In addition to the statewide-standardized amounts,
6    the Department shall develop adjusters to adjust the rate
7    of reimbursement for critical Medicaid hospital outpatient
8    providers or services, including outpatient high volume or
9    safety-net hospitals.
10    (c) In consultation with the hospital community, the
11Department is authorized to replace 89 Ill. Admin. Code 152.150
12as published in 38 Ill. Reg. 4980 through 4986 within 12 months
13of the effective date of this amendatory Act of the 98th
14General Assembly. If the Department does not replace these
15rules within 12 months of the effective date of this amendatory
16Act of the 98th General Assembly, the rules in effect for
17152.150 as published in 38 Ill. Reg. 4980 through 4986 shall
18remain in effect until modified by rule by the Department.
19Nothing in this subsection shall be construed to mandate that
20the Department file a replacement rule.
21    (d) Transition period. There shall be a transition period
22to the reimbursement systems authorized under this Section that
23shall begin on the effective date of these systems and continue
24until June 30, 2018, unless extended by rule by the Department.
25To help provide an orderly and predictable transition to the
26new reimbursement systems and to preserve and enhance access to

 

 

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1the hospital services during this transition, the Department
2shall allocate a transitional hospital access pool of at least
3$290,000,000 annually so that transitional hospital access
4payments are made to hospitals.
5        (1) After the transition period, the Department may
6    begin incorporating the transitional hospital access pool
7    into the base rate structure.
8        (2) After the transition period, if the Department
9    reduces payments from the transitional hospital access
10    pool, it shall increase base rates, develop new adjustors,
11    adjust current adjustors, develop new hospital access
12    payments based on updated information, or any combination
13    thereof by an amount equal to the decreases proposed in the
14    transitional hospital access pool payments, ensuring that
15    the entire transitional hospital access pool amount shall
16    continue to be used for hospital payments.
17    (e) Beginning 36 months after initial implementation, the
18Department shall update the reimbursement components in
19subsections (a) and (b), including standardized amounts and
20weighting factors, and at least triennially and no more
21frequently than annually thereafter. The Department shall
22publish these updates on its website no later than 30 calendar
23days prior to their effective date.
24    (f) Continuation of supplemental payments. Any
25supplemental payments authorized under Illinois Administrative
26Code 148 effective January 1, 2014 and that continue during the

 

 

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1period of July 1, 2014 through December 31, 2014 shall remain
2in effect as long as the assessment imposed by Section 5A-2 is
3in effect.
4    (g) Notwithstanding subsections (a) through (f) of this
5Section and notwithstanding the changes authorized under
6Section 5-5b.1, any updates to the system shall not result in
7any diminishment of the overall effective rates of
8reimbursement as of the implementation date of the new system
9(July 1, 2014). These updates shall not preclude variations in
10any individual component of the system or hospital rate
11variations. Nothing in this Section shall prohibit the
12Department from increasing the rates of reimbursement or
13developing payments to ensure access to hospital services.
14Nothing in this Section shall be construed to guarantee a
15minimum amount of spending in the aggregate or per hospital as
16spending may be impacted by factors including but not limited
17to the number of individuals in the medical assistance program
18and the severity of illness of the individuals.
19    (h) The Department shall have the authority to modify by
20rulemaking any changes to the rates or methodologies in this
21Section as required by the federal government to obtain federal
22financial participation for expenditures made under this
23Section.
24    (i) Except for subsections (g) and (h) of this Section, the
25Department shall, pursuant to subsection (c) of Section 5-40 of
26the Illinois Administrative Procedure Act, provide for

 

 

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1presentation at the June 2014 hearing of the Joint Committee on
2Administrative Rules (JCAR) additional written notice to JCAR
3of the following rules in order to commence the second notice
4period for the following rules: rules published in the Illinois
5Register, rule dated February 21, 2014 at 38 Ill. Reg. 4559
6(Medical Payment), 4628 (Specialized Health Care Delivery
7Systems), 4640 (Hospital Services), 4932 (Diagnostic Related
8Grouping (DRG) Prospective Payment System (PPS)), and 4977
9(Hospital Reimbursement Changes), and published in the
10Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499
11(Specialized Health Care Delivery Systems) and 6505 (Hospital
12Services).
13(Source: P.A. 98-651, eff. 6-16-14.)
 
14    Section 95. No acceleration or delay. Where this Act makes
15changes in a statute that is represented in this Act by text
16that is not yet or no longer in effect (for example, a Section
17represented by multiple versions), the use of that text does
18not accelerate or delay the taking effect of (i) the changes
19made by this Act or (ii) provisions derived from any other
20Public Act.
 
21    Section 97. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

09900HB0318ham001- 96 -LRB099 04451 KTG 33337 a

1becoming law; but this Act does not take effect at all unless
2House Bill 317 of the 99th General Assembly becomes law.".