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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended 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 | ||||||
9 | any agency
finds reasonably constitutes a threat to the public | ||||||
10 | interest, safety, or
welfare. | ||||||
11 | (b) If any agency finds that an
emergency exists that | ||||||
12 | requires adoption of a rule upon fewer days than
is required by | ||||||
13 | Section 5-40 and states in writing its reasons for that
| ||||||
14 | finding, the agency may adopt an emergency rule without prior | ||||||
15 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
16 | with the Secretary of
State under Section 5-70. The notice | ||||||
17 | shall include the text of the
emergency rule and shall be | ||||||
18 | published in the Illinois Register. Consent
orders or other | ||||||
19 | court orders adopting settlements negotiated by an agency
may | ||||||
20 | be adopted under this Section. Subject to applicable | ||||||
21 | constitutional or
statutory provisions, an emergency rule | ||||||
22 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
23 | at a stated date less than 10 days
thereafter. The agency's |
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1 | finding and a statement of the specific reasons
for the finding | ||||||
2 | shall be filed with the rule. The agency shall take
reasonable | ||||||
3 | and appropriate measures to make emergency rules known to the
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4 | persons who may be affected by them. | ||||||
5 | (c) An emergency rule may be effective for a period of not | ||||||
6 | longer than
150 days, but the agency's authority to adopt an | ||||||
7 | identical rule under Section
5-40 is not precluded. No | ||||||
8 | emergency rule may be adopted more
than once in any 24 month | ||||||
9 | period, except that this limitation on the number
of emergency | ||||||
10 | rules that may be adopted in a 24 month period does not apply
| ||||||
11 | to (i) emergency rules that make additions to and deletions | ||||||
12 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
13 | Public Aid Code or the
generic drug formulary under Section | ||||||
14 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
15 | emergency rules adopted by the Pollution Control
Board before | ||||||
16 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
17 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
18 | Department of Public Health under subsections (a) through (i) | ||||||
19 | of Section 2 of the Department of Public Health Act when | ||||||
20 | necessary to protect the public's health, (iv) emergency rules | ||||||
21 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
22 | emergency rules adopted pursuant to subsection (o) of this | ||||||
23 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
24 | (c-5) of this Section. Two or more emergency rules having | ||||||
25 | substantially the same
purpose and effect shall be deemed to be | ||||||
26 | a single rule for purposes of this
Section. |
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1 | (c-5) To facilitate the maintenance of the program of group | ||||||
2 | health benefits provided to annuitants, survivors, and retired | ||||||
3 | employees under the State Employees Group Insurance Act of | ||||||
4 | 1971, rules to alter the contributions to be paid by the State, | ||||||
5 | annuitants, survivors, retired employees, or any combination | ||||||
6 | of those entities, for that program of group health benefits, | ||||||
7 | shall be adopted as emergency rules. The adoption of those | ||||||
8 | rules shall be considered an emergency and necessary for the | ||||||
9 | public interest, safety, and welfare. | ||||||
10 | (d) In order to provide for the expeditious and timely | ||||||
11 | implementation
of the State's fiscal year 1999 budget, | ||||||
12 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
13 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
14 | may be adopted in
accordance with this Section by the agency | ||||||
15 | charged with administering that
provision or initiative, | ||||||
16 | except that the 24-month limitation on the adoption
of | ||||||
17 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
18 | do not apply
to rules adopted under this subsection (d). The | ||||||
19 | adoption of emergency rules
authorized by this subsection (d) | ||||||
20 | shall be deemed to be necessary for the
public interest, | ||||||
21 | safety, and welfare. | ||||||
22 | (e) In order to provide for the expeditious and timely | ||||||
23 | implementation
of the State's fiscal year 2000 budget, | ||||||
24 | emergency rules to implement any
provision of this amendatory | ||||||
25 | Act of the 91st General Assembly
or any other budget initiative | ||||||
26 | for fiscal year 2000 may be adopted in
accordance with this |
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1 | Section by the agency charged with administering that
provision | ||||||
2 | or initiative, except that the 24-month limitation on the | ||||||
3 | adoption
of emergency rules and the provisions of Sections | ||||||
4 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
5 | subsection (e). The adoption of emergency rules
authorized by | ||||||
6 | this subsection (e) shall be deemed to be necessary for the
| ||||||
7 | public interest, safety, and welfare. | ||||||
8 | (f) In order to provide for the expeditious and timely | ||||||
9 | implementation
of the State's fiscal year 2001 budget, | ||||||
10 | emergency rules to implement any
provision of this amendatory | ||||||
11 | Act of the 91st General Assembly
or any other budget initiative | ||||||
12 | for fiscal year 2001 may be adopted in
accordance with this | ||||||
13 | Section by the agency charged with administering that
provision | ||||||
14 | or initiative, except that the 24-month limitation on the | ||||||
15 | adoption
of emergency rules and the provisions of Sections | ||||||
16 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
17 | subsection (f). The adoption of emergency rules
authorized by | ||||||
18 | this subsection (f) shall be deemed to be necessary for the
| ||||||
19 | public interest, safety, and welfare. | ||||||
20 | (g) In order to provide for the expeditious and timely | ||||||
21 | implementation
of the State's fiscal year 2002 budget, | ||||||
22 | emergency rules to implement any
provision of this amendatory | ||||||
23 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
24 | for fiscal year 2002 may be adopted in
accordance with this | ||||||
25 | Section by the agency charged with administering that
provision | ||||||
26 | or initiative, except that the 24-month limitation on the |
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| |||||||
1 | adoption
of emergency rules and the provisions of Sections | ||||||
2 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
3 | subsection (g). The adoption of emergency rules
authorized by | ||||||
4 | this subsection (g) shall be deemed to be necessary for the
| ||||||
5 | public interest, safety, and welfare. | ||||||
6 | (h) In order to provide for the expeditious and timely | ||||||
7 | implementation
of the State's fiscal year 2003 budget, | ||||||
8 | emergency rules to implement any
provision of this amendatory | ||||||
9 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
10 | for fiscal year 2003 may be adopted in
accordance with this | ||||||
11 | Section by the agency charged with administering that
provision | ||||||
12 | or initiative, except that the 24-month limitation on the | ||||||
13 | adoption
of emergency rules and the provisions of Sections | ||||||
14 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
15 | subsection (h). The adoption of emergency rules
authorized by | ||||||
16 | this subsection (h) shall be deemed to be necessary for the
| ||||||
17 | public interest, safety, and welfare. | ||||||
18 | (i) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 2004 budget, | ||||||
20 | emergency rules to implement any
provision of this amendatory | ||||||
21 | Act of the 93rd General Assembly
or any other budget initiative | ||||||
22 | for fiscal year 2004 may be adopted in
accordance with this | ||||||
23 | Section by the agency charged with administering that
provision | ||||||
24 | or initiative, except that the 24-month limitation on the | ||||||
25 | adoption
of emergency rules and the provisions of Sections | ||||||
26 | 5-115 and 5-125 do not apply
to rules adopted under this |
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| |||||||
1 | subsection (i). The adoption of emergency rules
authorized by | ||||||
2 | this subsection (i) shall be deemed to be necessary for the
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3 | public interest, safety, and welfare. | ||||||
4 | (j) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
7 | Implementation (Human Services) Act, emergency rules to | ||||||
8 | implement any provision of the Fiscal Year 2005 Budget | ||||||
9 | Implementation (Human Services) Act may be adopted in | ||||||
10 | accordance with this Section by the agency charged with | ||||||
11 | administering that provision, except that the 24-month | ||||||
12 | limitation on the adoption of emergency rules and the | ||||||
13 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
14 | adopted under this subsection (j). The Department of Public Aid | ||||||
15 | may also adopt rules under this subsection (j) necessary to | ||||||
16 | administer the Illinois Public Aid Code and the Children's | ||||||
17 | Health Insurance Program Act. The adoption of emergency rules | ||||||
18 | authorized by this subsection (j) shall be deemed to be | ||||||
19 | necessary for the public interest, safety, and welfare.
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20 | (k) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the State's fiscal year | ||||||
22 | 2006 budget, emergency rules to implement any provision of this | ||||||
23 | amendatory Act of the 94th General Assembly or any other budget | ||||||
24 | initiative for fiscal year 2006 may be adopted in accordance | ||||||
25 | with this Section by the agency charged with administering that | ||||||
26 | provision or initiative, except that the 24-month limitation on |
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| |||||||
1 | the adoption of emergency rules and the provisions of Sections | ||||||
2 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
3 | subsection (k). The Department of Healthcare and Family | ||||||
4 | Services may also adopt rules under this subsection (k) | ||||||
5 | necessary to administer the Illinois Public Aid Code, the | ||||||
6 | Senior Citizens and Disabled Persons Property Tax Relief Act, | ||||||
7 | the Senior Citizens and Disabled Persons Prescription Drug | ||||||
8 | Discount Program Act (now the Illinois Prescription Drug | ||||||
9 | Discount Program Act), and the Children's Health Insurance | ||||||
10 | Program Act. The adoption of emergency rules authorized by this | ||||||
11 | subsection (k) shall be deemed to be necessary for the public | ||||||
12 | interest, safety, and welfare.
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13 | (l) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2007 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2007, including | ||||||
17 | rules effective July 1, 2007, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (l) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
| ||||||
26 | (m) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of the
State's fiscal year | ||||||
2 | 2008 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2008, including | ||||||
4 | rules effective July 1, 2008, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (m) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
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13 | (n) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the State's fiscal year | ||||||
15 | 2010 budget, emergency rules to implement any provision of this | ||||||
16 | amendatory Act of the 96th General Assembly or any other budget | ||||||
17 | initiative authorized by the 96th General Assembly for fiscal | ||||||
18 | year 2010 may be adopted in accordance with this Section by the | ||||||
19 | agency charged with administering that provision or | ||||||
20 | initiative. The adoption of emergency rules authorized by this | ||||||
21 | subsection (n) shall be deemed to be necessary for the public | ||||||
22 | interest, safety, and welfare. The rulemaking authority | ||||||
23 | granted in this subsection (n) shall apply only to rules | ||||||
24 | promulgated during Fiscal Year 2010. | ||||||
25 | (o) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of the State's fiscal year |
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1 | 2011 budget, emergency rules to implement any provision of this | ||||||
2 | amendatory Act of the 96th General Assembly or any other budget | ||||||
3 | initiative authorized by the 96th General Assembly for fiscal | ||||||
4 | year 2011 may be adopted in accordance with this Section by the | ||||||
5 | agency charged with administering that provision or | ||||||
6 | initiative. The adoption of emergency rules authorized by this | ||||||
7 | subsection (o) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. The rulemaking authority | ||||||
9 | granted in this subsection (o) applies only to rules | ||||||
10 | promulgated on or after the effective date of this amendatory | ||||||
11 | Act of the 96th General Assembly through June 30, 2011. | ||||||
12 | (p) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of Public Act 97-689, | ||||||
14 | emergency rules to implement any provision of Public Act 97-689 | ||||||
15 | may be adopted in accordance with this subsection (p) by the | ||||||
16 | agency charged with administering that provision or | ||||||
17 | initiative. The 150-day limitation of the effective period of | ||||||
18 | emergency rules does not apply to rules adopted under this | ||||||
19 | subsection (p), and the effective period may continue through | ||||||
20 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
21 | emergency rules does not apply to rules adopted under this | ||||||
22 | subsection (p). The adoption of emergency rules authorized by | ||||||
23 | this subsection (p) is deemed to be necessary for the public | ||||||
24 | interest, safety, and welfare. | ||||||
25 | (q) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of Articles 7, 8, 9, 11, and |
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1 | 12 of this amendatory Act of the 98th General Assembly, | ||||||
2 | emergency rules to implement any provision of Articles 7, 8, 9, | ||||||
3 | 11, and 12 of this amendatory Act of the 98th General Assembly | ||||||
4 | may be adopted in accordance with this subsection (q) by the | ||||||
5 | agency charged with administering that provision or | ||||||
6 | initiative. The 24-month limitation on the adoption of | ||||||
7 | emergency rules does not apply to rules adopted under this | ||||||
8 | subsection (q). The adoption of emergency rules authorized by | ||||||
9 | this subsection (q) is deemed to be necessary for the public | ||||||
10 | interest, safety, and welfare. | ||||||
11 | (r) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of this amendatory Act of the | ||||||
13 | 98th General Assembly, emergency rules to implement this | ||||||
14 | amendatory Act of the 98th General Assembly may be adopted in | ||||||
15 | accordance with this subsection (r) by the Department of | ||||||
16 | Healthcare and Family Services. The 24-month limitation on the | ||||||
17 | adoption of emergency rules does not apply to rules adopted | ||||||
18 | under this subsection (r). The adoption of emergency rules | ||||||
19 | authorized by this subsection (r) is deemed to be necessary for | ||||||
20 | the public interest, safety, and welfare. | ||||||
21 | (s) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
23 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
24 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
25 | Public Aid Code may be adopted in accordance with this | ||||||
26 | subsection (s) by the Department of Healthcare and Family |
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1 | Services. The rulemaking authority granted in this subsection | ||||||
2 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
3 | 2015. Notwithstanding any other provision of this Section, any | ||||||
4 | emergency rule adopted under this subsection (s) shall only | ||||||
5 | apply to payments made for State fiscal year 2015. The adoption | ||||||
6 | of emergency rules authorized by this subsection (s) is deemed | ||||||
7 | to be necessary for the public interest, safety, and welfare. | ||||||
8 | (Source: P.A. 97-689, eff. 6-14-12; 97-695, eff. 7-1-12; | ||||||
9 | 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. | ||||||
10 | 6-16-14.) | ||||||
11 | Section 10. The Governor's Office of Management and Budget | ||||||
12 | Act is amended by changing Section 7.2 as follows: | ||||||
13 | (20 ILCS 3005/7.2) | ||||||
14 | Sec. 7.2. Quarterly financial reports. The Office shall | ||||||
15 | prepare and publish a quarterly financial report to update the | ||||||
16 | public and the General Assembly on the status of the State's | ||||||
17 | finances. At a minimum, each report shall include the following | ||||||
18 | information: | ||||||
19 | (1) A review of the State's economic outlook. | ||||||
20 | (2) A review of general funds revenue performance, both | ||||||
21 | quarterly and year to date, and an evaluation of that | ||||||
22 | performance. | ||||||
23 | (3) The outlook for future general funds revenue | ||||||
24 | performance, including projections of future general funds |
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| |||||||
1 | revenues. | ||||||
2 | (4) An assessment of the State's financial position, | ||||||
3 | including a summary of general fund receipts, transfers, | ||||||
4 | expenditures, and liabilities. | ||||||
5 | (5) A review of Statewide employment statistics. | ||||||
6 | (6) Other information necessary to present the status | ||||||
7 | of the State's finances. | ||||||
8 | (7) For the report covering the fourth quarter of State | ||||||
9 | fiscal year 2015 only, the report shall also include the | ||||||
10 | information described in subsection (e) of Section 8.50 of | ||||||
11 | the State Finance Act. | ||||||
12 | In addition, the fourth quarter report for each fiscal year | ||||||
13 | shall include a summary of fiscal and balanced budget notes | ||||||
14 | issued by the Office to the General Assembly during the prior | ||||||
15 | legislative session. Each report shall be posted on the | ||||||
16 | Office's website within 45 days.
| ||||||
17 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
18 | Section 15. The State Finance Act is amended by changing | ||||||
19 | Section 13.2 and by adding Section 8.50 as follows: | ||||||
20 | (30 ILCS 105/8.50 new) | ||||||
21 | Sec. 8.50. Special fund transfers. | ||||||
22 | (a) In order to maintain the integrity of special funds and
| ||||||
23 | improve stability in the General Revenue Fund, the following
| ||||||
24 | transfers are authorized from the designated funds into the
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1 | General Revenue Fund: | ||||||
2 | Road Fund ........................................$250,000,000 | ||||||
3 | Motor Fuel Tax Fund ...............................$50,000,000 | ||||||
4 | Food and Drug Safety Fund ..........................$1,000,000 | ||||||
5 | Teacher Certificate Fee Revolving Fund .............$5,000,000 | ||||||
6 | Grade Crossing Protection Fund ....................$10,000,000 | ||||||
7 | Financial Institution Fund .........................$1,573,600 | ||||||
8 | General Professions Dedicated Fund .................$2,000,000 | ||||||
9 | Lobbyist Registration Administration Fund ..........$1,000,000 | ||||||
10 | Agricultural Premium Fund ..........................$5,000,000 | ||||||
11 | Fire Prevention Fund ..............................$23,000,000 | ||||||
12 | Illinois State Pharmacy Disciplinary Fund ..........$2,700,000 | ||||||
13 | Radiation Protection Fund ..........................$1,500,000 | ||||||
14 | Hospital Licensure Fund ..............................$500,000 | ||||||
15 | Underground Storage Tank Fund .....................$20,000,000 | ||||||
16 | Solid Waste Management Fund .......................$15,000,000 | ||||||
17 | Subtitle D Management Fund .........................$1,000,000 | ||||||
18 | Illinois State Medical Disciplinary Fund ..........$10,000,000 | ||||||
19 | Facility Licensing Fund ............................$1,000,000 | ||||||
20 | Registered Certified Public Accountants' | ||||||
21 | Administration and Disciplinary Fund ...........$6,100,000 | ||||||
22 | Motor Vehicle Theft Prevention Fund ................$6,000,000 | ||||||
23 | Weights and Measures Fund ..........................$2,000,000 | ||||||
24 | State and Local Sales Tax Reform Fund .............$40,000,000 | ||||||
25 | County and Mass Transit District Fund .............$40,000,000 | ||||||
26 | Local Government Tax Fund ........................$200,000,000 |
| |||||||
| |||||||
1 | Illinois Fisheries Management Fund ...................$500,000 | ||||||
2 | Capital Development Board Revolving Fund ..........$1,500,000 | ||||||
3 | Intercity Passenger Rail Fund ........................$370,000 | ||||||
4 | Illinois Health Facilities Planning Fund ...........$3,746,000 | ||||||
5 | Emergency Public Health Fund .........................$500,000 | ||||||
6 | TOMA Consumer Protection Fund ......................$1,500,000 | ||||||
7 | Fair and Exposition Fund ...........................$1,000,000 | ||||||
8 | State Police Vehicle Fund ..........................$4,000,000 | ||||||
9 | Nursing Dedicated and Professional Fund ............$5,000,000 | ||||||
10 | Underground Resources Conservation Enforcement Fund ..$500,000 | ||||||
11 | State Rail Freight Loan Repayment Fund ............$10,000,000 | ||||||
12 | Illinois Affordable Housing Trust Fund .............$6,000,000 | ||||||
13 | Home Care Services Agency Licensure Fund ...........$1,000,000 | ||||||
14 | Fertilizer Control Fund ..............................$500,000 | ||||||
15 | Securities Investors Education Fund ................$5,000,000 | ||||||
16 | Used Tire Management Fund .........................$20,000,000 | ||||||
17 | Natural Areas Acquisition Fund ....................$6,000,000 | ||||||
18 | I-FLY Fund ........................................$1,545,000 | ||||||
19 | Illinois Prescription Drug Discount Program Fund .....$257,100 | ||||||
20 | ICJIA Violence Prevention Special Projects Fund ....$3,000,000 | ||||||
21 | Tattoo and Body Piercing | ||||||
22 | Establishment Registration Fund ..................$250,000 | ||||||
23 | Public Health Laboratory Services Revolving Fund .....$500,000 | ||||||
24 | Provider Inquiry Trust Fund ........................$1,300,000 | ||||||
25 | Securities Audit and Enforcement Fund ..............$4,000,000 | ||||||
26 | Drug Treatment Fund ................................$1,000,000 |
| |||||||
| |||||||
1 | Feed Control Fund ..................................$1,000,000 | ||||||
2 | Plumbing Licensure and Program Fund ..................$200,000 | ||||||
3 | Appraisal Administration Fund ........................$400,000 | ||||||
4 | Trauma Center Fund .................................$7,000,000 | ||||||
5 | Alternate Fuels Fund ...............................$1,500,000 | ||||||
6 | Illinois State Fair Fund ...........................$1,000,000 | ||||||
7 | Agricultural Master Fund .............................$400,000 | ||||||
8 | Human Services Priority Capital Program Fund .......$1,680,000 | ||||||
9 | State Asset Forfeiture Fund ..........................$250,000 | ||||||
10 | Health Facility Plan Review Fund ...................$1,000,000 | ||||||
11 | Illinois Workers' Compensation | ||||||
12 | Commission Operations Fund ....................$10,000,000 | ||||||
13 | Workforce, Technology, and Economic Development Fund .$300,000 | ||||||
14 | Downstate Transit Improvement Fund ................$70,000,000 | ||||||
15 | Renewable Energy Resources Trust Fund ..............$3,000,000 | ||||||
16 | Energy Efficiency Trust Fund .......................$6,000,000 | ||||||
17 | Pesticide Control Fund .............................$3,000,000 | ||||||
18 | Partners for Conservation Fund .....................$6,000,000 | ||||||
19 | Wireless Service Emergency Fund ....................$7,500,000 | ||||||
20 | Death Certificate Surcharge Fund ...................$1,500,000 | ||||||
21 | Illinois Adoption Registry and | ||||||
22 | Medical Information Exchange Fund ................$232,000 | ||||||
23 | Fund for the Advancement of Education .............$25,000,000 | ||||||
24 | Commitment to Human Services Fund .................$25,000,000 | ||||||
25 | Illinois Standardbred Breeders Fund ..................$250,000 | ||||||
26 | Illinois Thoroughbred Breeders Fund ..................$250,000 |
| |||||||
| |||||||
1 | Spinal Cord Injury Paralysis | ||||||
2 | Cure Research Trust Fund .......................$1,100,000 | ||||||
3 | Medicaid Buy-In Program Revolving Fund .............$1,700,000 | ||||||
4 | Home Inspector Administration Fund .................$1,000,000 | ||||||
5 | Real Estate Audit Fund ...............................$193,600 | ||||||
6 | Illinois AgriFIRST Program Fund ......................$204,000 | ||||||
7 | Performance-enhancing Substance Testing Fund .........$365,000 | ||||||
8 | Bank and Trust Company Fund .......................$25,000,000 | ||||||
9 | Natural Resources Restoration Trust Fund ...........$1,000,000 | ||||||
10 | Illinois Power Agency Renewable | ||||||
11 | Energy Resources Fund ........................$98,000,000 | ||||||
12 | Real Estate Research and Education Fund ..............$500,000 | ||||||
13 | Real Estate License Administration Fund ...........$30,000,000 | ||||||
14 | Abandoned Residential Property | ||||||
15 | Municipality Relief Fund .........................$700,000 | ||||||
16 | State Construction Account Fund ...................$50,000,000 | ||||||
17 | State Police Services Fund .........................$6,000,000 | ||||||
18 | Metabolic Screening and Treatment Fund .............$5,000,000 | ||||||
19 | Insurance Producer Administration Fund ............$70,313,800 | ||||||
20 | Coal Technology Development Assistance Fund ........$3,000,000 | ||||||
21 | Low-Level Radioactive Waste Facility Development | ||||||
22 | and Operation Fund ...............................$500,000 | ||||||
23 | Low-Level Radioactive Waste Facility Closure, | ||||||
24 | Post-Closure Care and Compensation Fund ..........$110,000 | ||||||
25 | Illinois State Podiatric Disciplinary Fund ...........$200,000 | ||||||
26 | Park and Conservation Fund ........................$15,000,000 |
| |||||||
| |||||||
1 | Vehicle Inspection Fund ............................$8,000,000 | ||||||
2 | Local Tourism Fund ...................................$308,000 | ||||||
3 | Illinois Capital Revolving Loan Fund ...............$5,000,000 | ||||||
4 | Illinois Equity Fund .................................$500,000 | ||||||
5 | Public Infrastructure Construction | ||||||
6 | Loan Revolving Fund ............................$9,000,000 | ||||||
7 | Insurance Financial Regulation Fund ...............$23,598,000 | ||||||
8 | Dram Shop Fund .....................................$1,000,000 | ||||||
9 | Illinois State Dental Disciplinary Fund ............$1,500,000 | ||||||
10 | ISBE Teacher Certificate Institute Fund ............$1,800,000 | ||||||
11 | Mental Health Fund .................................$3,000,000 | ||||||
12 | Tobacco Settlement Recovery Fund ...................$4,000,000 | ||||||
13 | Public Health Special State Projects Fund ..........$5,000,000 | ||||||
14 | Total $1,318,396,100 | ||||||
15 | (b) In order to maintain the integrity of special funds and
| ||||||
16 | improve stability in the General Obligation Bond Retirement and | ||||||
17 | Interest Fund, the following
transfer is authorized from the | ||||||
18 | designated fund into the
General Obligation Bond Retirement and | ||||||
19 | Interest Fund: | ||||||
20 | Federal High Speed Rail Trust Fund ................$48,000,000 | ||||||
21 | (c) On and after the effective date of this amendatory Act
| ||||||
22 | of the 99th General Assembly through the end of State fiscal | ||||||
23 | year 2015, when any of
the funds listed in subsection (a) has | ||||||
24 | insufficient cash from
which the State Comptroller may make | ||||||
25 | expenditures properly
supported by appropriations from the | ||||||
26 | fund, then, at the direction of the Director of the Governor's |
| |||||||
| |||||||
1 | Office of Management and Budget, the State
Treasurer and State | ||||||
2 | Comptroller shall transfer from the General
Revenue Fund to the | ||||||
3 | fund only such amount as is immediately
necessary to satisfy | ||||||
4 | outstanding expenditure obligations on a
timely basis, subject | ||||||
5 | to the provisions of the State Prompt
Payment Act. All or a | ||||||
6 | portion of the amounts transferred from the General Revenue
| ||||||
7 | Fund to a fund pursuant to this subsection (c) from time to
| ||||||
8 | time may be re-transferred by the State Comptroller and the
| ||||||
9 | State Treasurer from the receiving fund into the General
| ||||||
10 | Revenue Fund as soon as and to the extent that deposits are
| ||||||
11 | made into or receipts are collected by the receiving fund. | ||||||
12 | (d) The State Treasurer and State Comptroller shall | ||||||
13 | transfer the amounts designated under subsections (a) and (b) | ||||||
14 | of this Section as soon as may be practicable after receiving | ||||||
15 | the direction to transfer from the Director of the Governor's | ||||||
16 | Office of Management and Budget. If the Director of the | ||||||
17 | Governor's Office of Management and Budget determines that any | ||||||
18 | transfer authorized by this Section from a special fund under | ||||||
19 | subsection (a) or (b) either (i) jeopardizes federal funding | ||||||
20 | based on a written communication from a federal official or | ||||||
21 | (ii) violates an order of a court of competent jurisdiction, | ||||||
22 | then the Director may order the State Treasurer and State | ||||||
23 | Comptroller, in writing, to (i) transfer from the General | ||||||
24 | Revenue Fund to that listed special fund all or part of the | ||||||
25 | amounts transferred from that special fund under subsection | ||||||
26 | (a), or (ii) transfer from the General Obligation Bond |
| |||||||
| |||||||
1 | Retirement and Interest Fund to that listed special fund all or | ||||||
2 | part of the amounts transferred from that special fund under | ||||||
3 | subsection (b).
| ||||||
4 | (e) For the fourth quarter of State fiscal year 2015, the | ||||||
5 | report filed under Section 7.2 of the Governor's Office of | ||||||
6 | Management and Budget Act shall contain, in addition to the | ||||||
7 | information otherwise required, information on all transfers | ||||||
8 | made pursuant to this Section, including all of the following: | ||||||
9 | (1) The date each transfer was made. | ||||||
10 | (2) The amount of each transfer. | ||||||
11 | (3) In the case of a transfer from the General Revenue | ||||||
12 | Fund to a fund of origin pursuant to subsection (c) or (d) | ||||||
13 | of this Section, the amount of such transfer and the date | ||||||
14 | such transfer was made. | ||||||
15 | (4) The end of day balance of both the fund of origin | ||||||
16 | and the General Revenue Fund on the date the transfer was | ||||||
17 | made. | ||||||
18 | (f) Notwithstanding any provision of law to the contrary, | ||||||
19 | the transfers in this Section shall be made through the end of | ||||||
20 | State fiscal year 2015.
| ||||||
21 | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
| ||||||
22 | Sec. 13.2. Transfers among line item appropriations. | ||||||
23 | (a) Transfers among line item appropriations from the same
| ||||||
24 | treasury fund for the objects specified in this Section may be | ||||||
25 | made in
the manner provided in this Section when the balance |
| |||||||
| |||||||
1 | remaining in one or
more such line item appropriations is | ||||||
2 | insufficient for the purpose for
which the appropriation was | ||||||
3 | made. | ||||||
4 | (a-1) No transfers may be made from one
agency to another | ||||||
5 | agency, nor may transfers be made from one institution
of | ||||||
6 | higher education to another institution of higher education | ||||||
7 | except as provided by subsection (a-4).
| ||||||
8 | (a-2) Except as otherwise provided in this Section, | ||||||
9 | transfers may be made only among the objects of expenditure | ||||||
10 | enumerated
in this Section, except that no funds may be | ||||||
11 | transferred from any
appropriation for personal services, from | ||||||
12 | any appropriation for State
contributions to the State | ||||||
13 | Employees' Retirement System, from any
separate appropriation | ||||||
14 | for employee retirement contributions paid by the
employer, nor | ||||||
15 | from any appropriation for State contribution for
employee | ||||||
16 | group insurance. During State fiscal year 2005, an agency may | ||||||
17 | transfer amounts among its appropriations within the same | ||||||
18 | treasury fund for personal services, employee retirement | ||||||
19 | contributions paid by employer, and State Contributions to | ||||||
20 | retirement systems; notwithstanding and in addition to the | ||||||
21 | transfers authorized in subsection (c) of this Section, the | ||||||
22 | fiscal year 2005 transfers authorized in this sentence may be | ||||||
23 | made in an amount not to exceed 2% of the aggregate amount | ||||||
24 | appropriated to an agency within the same treasury fund. During | ||||||
25 | State fiscal year 2007, the Departments of Children and Family | ||||||
26 | Services, Corrections, Human Services, and Juvenile Justice |
| |||||||
| |||||||
1 | may transfer amounts among their respective appropriations | ||||||
2 | within the same treasury fund for personal services, employee | ||||||
3 | retirement contributions paid by employer, and State | ||||||
4 | contributions to retirement systems. During State fiscal year | ||||||
5 | 2010, the Department of Transportation may transfer amounts | ||||||
6 | among their respective appropriations within the same treasury | ||||||
7 | fund for personal services, employee retirement contributions | ||||||
8 | paid by employer, and State contributions to retirement | ||||||
9 | systems. During State fiscal years 2010 and 2014 only, an | ||||||
10 | agency may transfer amounts among its respective | ||||||
11 | appropriations within the same treasury fund for personal | ||||||
12 | services, employee retirement contributions paid by employer, | ||||||
13 | and State contributions to retirement systems. | ||||||
14 | Notwithstanding, and in addition to, the transfers authorized | ||||||
15 | in subsection (c) of this Section, these transfers may be made | ||||||
16 | in an amount not to exceed 2% of the aggregate amount | ||||||
17 | appropriated to an agency within the same treasury fund.
| ||||||
18 | (a-2.5) During State fiscal year 2015 only, the State's | ||||||
19 | Attorneys Appellate Prosecutor may transfer amounts among its | ||||||
20 | respective appropriations contained in operational line items | ||||||
21 | within the same treasury fund. Notwithstanding, and in addition | ||||||
22 | to, the transfers authorized in subsection (c) of this Section, | ||||||
23 | these transfers may be made in an amount not to exceed 4% of | ||||||
24 | the aggregate amount appropriated to the State's Attorneys | ||||||
25 | Appellate Prosecutor within the same treasury fund. | ||||||
26 | (a-3) Further, if an agency receives a separate
|
| |||||||
| |||||||
1 | appropriation for employee retirement contributions paid by | ||||||
2 | the employer,
any transfer by that agency into an appropriation | ||||||
3 | for personal services
must be accompanied by a corresponding | ||||||
4 | transfer into the appropriation for
employee retirement | ||||||
5 | contributions paid by the employer, in an amount
sufficient to | ||||||
6 | meet the employer share of the employee contributions
required | ||||||
7 | to be remitted to the retirement system. | ||||||
8 | (a-4) Long-Term Care Rebalancing. The Governor may | ||||||
9 | designate amounts set aside for institutional services | ||||||
10 | appropriated from the General Revenue Fund or any other State | ||||||
11 | fund that receives monies for long-term care services to be | ||||||
12 | transferred to all State agencies responsible for the | ||||||
13 | administration of community-based long-term care programs, | ||||||
14 | including, but not limited to, community-based long-term care | ||||||
15 | programs administered by the Department of Healthcare and | ||||||
16 | Family Services, the Department of Human Services, and the | ||||||
17 | Department on Aging, provided that the Director of Healthcare | ||||||
18 | and Family Services first certifies that the amounts being | ||||||
19 | transferred are necessary for the purpose of assisting persons | ||||||
20 | in or at risk of being in institutional care to transition to | ||||||
21 | community-based settings, including the financial data needed | ||||||
22 | to prove the need for the transfer of funds. The total amounts | ||||||
23 | transferred shall not exceed 4% in total of the amounts | ||||||
24 | appropriated from the General Revenue Fund or any other State | ||||||
25 | fund that receives monies for long-term care services for each | ||||||
26 | fiscal year. A notice of the fund transfer must be made to the |
| |||||||
| |||||||
1 | General Assembly and posted at a minimum on the Department of | ||||||
2 | Healthcare and Family Services website, the Governor's Office | ||||||
3 | of Management and Budget website, and any other website the | ||||||
4 | Governor sees fit. These postings shall serve as notice to the | ||||||
5 | General Assembly of the amounts to be transferred. Notice shall | ||||||
6 | be given at least 30 days prior to transfer. | ||||||
7 | (b) In addition to the general transfer authority provided | ||||||
8 | under
subsection (c), the following agencies have the specific | ||||||
9 | transfer authority
granted in this subsection: | ||||||
10 | The Department of Healthcare and Family Services is | ||||||
11 | authorized to make transfers
representing savings attributable | ||||||
12 | to not increasing grants due to the
births of additional | ||||||
13 | children from line items for payments of cash grants to
line | ||||||
14 | items for payments for employment and social services for the | ||||||
15 | purposes
outlined in subsection (f) of Section 4-2 of the | ||||||
16 | Illinois Public Aid Code. | ||||||
17 | The Department of Children and Family Services is | ||||||
18 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
19 | amount appropriated to it within
the same treasury fund for the | ||||||
20 | following line items among these same line
items: Foster Home | ||||||
21 | and Specialized Foster Care and Prevention, Institutions
and | ||||||
22 | Group Homes and Prevention, and Purchase of Adoption and | ||||||
23 | Guardianship
Services. | ||||||
24 | The Department on Aging is authorized to make transfers not
| ||||||
25 | exceeding 2% of the aggregate amount appropriated to it within | ||||||
26 | the same
treasury fund for the following Community Care Program |
| |||||||
| |||||||
1 | line items among these
same line items: purchase of services | ||||||
2 | covered by the Community Care Program and Comprehensive Case | ||||||
3 | Coordination. | ||||||
4 | The State Treasurer is authorized to make transfers among | ||||||
5 | line item
appropriations
from the Capital Litigation Trust | ||||||
6 | Fund, with respect to costs incurred in
fiscal years 2002 and | ||||||
7 | 2003 only, when the balance remaining in one or
more such
line | ||||||
8 | item appropriations is insufficient for the purpose for which | ||||||
9 | the
appropriation was
made, provided that no such transfer may | ||||||
10 | be made unless the amount transferred
is no
longer required for | ||||||
11 | the purpose for which that appropriation was made. | ||||||
12 | The State Board of Education is authorized to make | ||||||
13 | transfers from line item appropriations within the same | ||||||
14 | treasury fund for General State Aid and General State Aid - | ||||||
15 | Hold Harmless, provided that no such transfer may be made | ||||||
16 | unless the amount transferred is no longer required for the | ||||||
17 | purpose for which that appropriation was made, to the line item | ||||||
18 | appropriation for Transitional Assistance when the balance | ||||||
19 | remaining in such line item appropriation is insufficient for | ||||||
20 | the purpose for which the appropriation was made. | ||||||
21 | The State Board of Education is authorized to make | ||||||
22 | transfers between the following line item appropriations | ||||||
23 | within the same treasury fund: Disabled Student | ||||||
24 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
25 | Disabled Student Transportation Reimbursement (Section | ||||||
26 | 14-13.01 of the School Code), Disabled Student Tuition - |
| |||||||
| |||||||
1 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
2 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
3 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
4 | Summer School Payments (Section 18-4.3 of the School Code), and | ||||||
5 | Transportation - Regular/Vocational Reimbursement (Section | ||||||
6 | 29-5 of the School Code). Such transfers shall be made only | ||||||
7 | when the balance remaining in one or more such line item | ||||||
8 | appropriations is insufficient for the purpose for which the | ||||||
9 | appropriation was made and provided that no such transfer may | ||||||
10 | be made unless the amount transferred is no longer required for | ||||||
11 | the purpose for which that appropriation was made. | ||||||
12 | The Department of Healthcare and Family Services is | ||||||
13 | authorized to make transfers not exceeding 4% of the aggregate | ||||||
14 | amount appropriated to it, within the same treasury fund, among | ||||||
15 | the various line items appropriated for Medical Assistance. | ||||||
16 | (c) The sum of such transfers for an agency in a fiscal | ||||||
17 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
18 | to it within the same treasury
fund for the following objects: | ||||||
19 | Personal Services; Extra Help; Student and
Inmate | ||||||
20 | Compensation; State Contributions to Retirement Systems; State
| ||||||
21 | Contributions to Social Security; State Contribution for | ||||||
22 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
23 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
24 | Operation of Automotive Equipment;
Telecommunications | ||||||
25 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
26 | Discharged Prisoners; Library Books; Federal Matching Grants |
| |||||||
| |||||||
1 | for
Student Loans; Refunds; Workers' Compensation, | ||||||
2 | Occupational Disease, and
Tort Claims; and, in appropriations | ||||||
3 | to institutions of higher education,
Awards and Grants. | ||||||
4 | Notwithstanding the above, any amounts appropriated for
| ||||||
5 | payment of workers' compensation claims to an agency to which | ||||||
6 | the authority
to evaluate, administer and pay such claims has | ||||||
7 | been delegated by the
Department of Central Management Services | ||||||
8 | may be transferred to any other
expenditure object where such | ||||||
9 | amounts exceed the amount necessary for the
payment of such | ||||||
10 | claims. | ||||||
11 | (c-1) Special provisions for State fiscal year 2003. | ||||||
12 | Notwithstanding any
other provision of this Section to the | ||||||
13 | contrary, for State fiscal year 2003
only, transfers among line | ||||||
14 | item appropriations to an agency from the same
treasury fund | ||||||
15 | may be made provided that the sum of such transfers for an | ||||||
16 | agency
in State fiscal year 2003 shall not exceed 3% of the | ||||||
17 | aggregate amount
appropriated to that State agency for State | ||||||
18 | fiscal year 2003 for the following
objects: personal services, | ||||||
19 | except that no transfer may be approved which
reduces the | ||||||
20 | aggregate appropriations for personal services within an | ||||||
21 | agency;
extra help; student and inmate compensation; State
| ||||||
22 | contributions to retirement systems; State contributions to | ||||||
23 | social security;
State contributions for employee group | ||||||
24 | insurance; contractual services; travel;
commodities; | ||||||
25 | printing; equipment; electronic data processing; operation of
| ||||||
26 | automotive equipment; telecommunications services; travel and |
| |||||||
| |||||||
1 | allowance for
committed, paroled, and discharged prisoners; | ||||||
2 | library books; federal matching
grants for student loans; | ||||||
3 | refunds; workers' compensation, occupational disease,
and tort | ||||||
4 | claims; and, in appropriations to institutions of higher | ||||||
5 | education,
awards and grants. | ||||||
6 | (c-2) Special provisions for State fiscal year 2005. | ||||||
7 | Notwithstanding subsections (a), (a-2), and (c), for State | ||||||
8 | fiscal year 2005 only, transfers may be made among any line | ||||||
9 | item appropriations from the same or any other treasury fund | ||||||
10 | for any objects or purposes, without limitation, when the | ||||||
11 | balance remaining in one or more such line item appropriations | ||||||
12 | is insufficient for the purpose for which the appropriation was | ||||||
13 | made, provided that the sum of those transfers by a State | ||||||
14 | agency shall not exceed 4% of the aggregate amount appropriated | ||||||
15 | to that State agency for fiscal year 2005.
| ||||||
16 | (c-3) Special provisions for State fiscal year 2015. | ||||||
17 | Notwithstanding any other provision of this Section, for State | ||||||
18 | fiscal year 2015, transfers among line item appropriations to a | ||||||
19 | State agency from the same State treasury fund may be made for | ||||||
20 | operational or lump sum expenses only, provided that the sum of | ||||||
21 | such transfers for a State agency in State fiscal year 2015 | ||||||
22 | shall not exceed 4% of the aggregate amount appropriated to | ||||||
23 | that State agency for operational or lump sum expenses for | ||||||
24 | State fiscal year 2015. For the purpose of this subsection, | ||||||
25 | "operational or lump sum expenses" includes the following | ||||||
26 | objects: personal services; extra help; student and inmate |
| |||||||
| |||||||
1 | compensation; State contributions to retirement systems; State | ||||||
2 | contributions to social security; State contributions for | ||||||
3 | employee group insurance; contractual services; travel; | ||||||
4 | commodities; printing; equipment; electronic data processing; | ||||||
5 | operation of automotive equipment; telecommunications | ||||||
6 | services; travel and allowance for committed, paroled, and | ||||||
7 | discharged prisoners; library books; federal matching grants | ||||||
8 | for student loans; refunds; workers' compensation, | ||||||
9 | occupational disease, and tort claims; lump sum and other | ||||||
10 | purposes; and lump sum operations. For the purpose of this | ||||||
11 | subsection (c-3), "State agency" does not include the Attorney | ||||||
12 | General, the Secretary of State, the Comptroller, the | ||||||
13 | Treasurer, or the legislative or judicial branches. | ||||||
14 | (d) Transfers among appropriations made to agencies of the | ||||||
15 | Legislative
and Judicial departments and to the | ||||||
16 | constitutionally elected officers in the
Executive branch | ||||||
17 | require the approval of the officer authorized in Section 10
of | ||||||
18 | this Act to approve and certify vouchers. Transfers among | ||||||
19 | appropriations
made to the University of Illinois, Southern | ||||||
20 | Illinois University, Chicago State
University, Eastern | ||||||
21 | Illinois University, Governors State University, Illinois
| ||||||
22 | State University, Northeastern Illinois University, Northern | ||||||
23 | Illinois
University, Western Illinois University, the Illinois | ||||||
24 | Mathematics and Science
Academy and the Board of Higher | ||||||
25 | Education require the approval of the Board of
Higher Education | ||||||
26 | and the Governor. Transfers among appropriations to all other
|
| |||||||
| |||||||
1 | agencies require the approval of the Governor. | ||||||
2 | The officer responsible for approval shall certify that the
| ||||||
3 | transfer is necessary to carry out the programs and purposes | ||||||
4 | for which
the appropriations were made by the General Assembly | ||||||
5 | and shall transmit
to the State Comptroller a certified copy of | ||||||
6 | the approval which shall
set forth the specific amounts | ||||||
7 | transferred so that the Comptroller may
change his records | ||||||
8 | accordingly. The Comptroller shall furnish the
Governor with | ||||||
9 | information copies of all transfers approved for agencies
of | ||||||
10 | the Legislative and Judicial departments and transfers | ||||||
11 | approved by
the constitutionally elected officials of the | ||||||
12 | Executive branch other
than the Governor, showing the amounts | ||||||
13 | transferred and indicating the
dates such changes were entered | ||||||
14 | on the Comptroller's records. | ||||||
15 | (e) The State Board of Education, in consultation with the | ||||||
16 | State Comptroller, may transfer line item appropriations for | ||||||
17 | General State Aid between the Common School Fund and the | ||||||
18 | Education Assistance Fund. With the advice and consent of the | ||||||
19 | Governor's Office of Management and Budget, the State Board of | ||||||
20 | Education, in consultation with the State Comptroller, may | ||||||
21 | transfer line item appropriations between the General Revenue | ||||||
22 | Fund and the Education Assistance Fund for the following | ||||||
23 | programs: | ||||||
24 | (1) Disabled Student Personnel Reimbursement (Section | ||||||
25 | 14-13.01 of the School Code); | ||||||
26 | (2) Disabled Student Transportation Reimbursement |
| |||||||
| |||||||
1 | (subsection (b) of Section 14-13.01 of the School Code); | ||||||
2 | (3) Disabled Student Tuition - Private Tuition | ||||||
3 | (Section 14-7.02 of the School Code); | ||||||
4 | (4) Extraordinary Special Education (Section 14-7.02b | ||||||
5 | of the School Code); | ||||||
6 | (5) Reimbursement for Free Lunch/Breakfast Programs; | ||||||
7 | (6) Summer School Payments (Section 18-4.3 of the | ||||||
8 | School Code); | ||||||
9 | (7) Transportation - Regular/Vocational Reimbursement | ||||||
10 | (Section 29-5 of the School Code); | ||||||
11 | (8) Regular Education Reimbursement (Section 18-3 of | ||||||
12 | the School Code); and | ||||||
13 | (9) Special Education Reimbursement (Section 14-7.03 | ||||||
14 | of the School Code). | ||||||
15 | (Source: P.A. 97-689, eff. 7-1-12; 98-24, eff. 6-19-13; 98-674, | ||||||
16 | eff. 6-30-14.)
| ||||||
17 | Section 20. The School Code is amended by changing Section | ||||||
18 | 18-8.05 as follows:
| ||||||
19 | (105 ILCS 5/18-8.05)
| ||||||
20 | Sec. 18-8.05. Basis for apportionment of general State | ||||||
21 | financial aid and
supplemental general State aid to the common | ||||||
22 | schools for the 1998-1999 and
subsequent school years.
| ||||||
23 | (A) General Provisions. |
| |||||||
| |||||||
1 | (1) The provisions of this Section apply to the 1998-1999 | ||||||
2 | and subsequent
school years. The system of general State | ||||||
3 | financial aid provided for in this
Section
is designed to | ||||||
4 | assure that, through a combination of State financial aid and
| ||||||
5 | required local resources, the financial support provided each | ||||||
6 | pupil in Average
Daily Attendance equals or exceeds a
| ||||||
7 | prescribed per pupil Foundation Level. This formula approach | ||||||
8 | imputes a level
of per pupil Available Local Resources and | ||||||
9 | provides for the basis to calculate
a per pupil level of | ||||||
10 | general State financial aid that, when added to Available
Local | ||||||
11 | Resources, equals or exceeds the Foundation Level. The
amount | ||||||
12 | of per pupil general State financial aid for school districts, | ||||||
13 | in
general, varies in inverse
relation to Available Local | ||||||
14 | Resources. Per pupil amounts are based upon
each school | ||||||
15 | district's Average Daily Attendance as that term is defined in | ||||||
16 | this
Section. | ||||||
17 | (2) In addition to general State financial aid, school | ||||||
18 | districts with
specified levels or concentrations of pupils | ||||||
19 | from low income households are
eligible to receive supplemental | ||||||
20 | general State financial aid grants as provided
pursuant to | ||||||
21 | subsection (H).
The supplemental State aid grants provided for | ||||||
22 | school districts under
subsection (H) shall be appropriated for | ||||||
23 | distribution to school districts as
part of the same line item | ||||||
24 | in which the general State financial aid of school
districts is | ||||||
25 | appropriated under this Section. | ||||||
26 | (3) To receive financial assistance under this Section, |
| |||||||
| |||||||
1 | school districts
are required to file claims with the State | ||||||
2 | Board of Education, subject to the
following requirements: | ||||||
3 | (a) Any school district which fails for any given | ||||||
4 | school year to maintain
school as required by law, or to | ||||||
5 | maintain a recognized school is not
eligible to file for | ||||||
6 | such school year any claim upon the Common School
Fund. In | ||||||
7 | case of nonrecognition of one or more attendance centers in | ||||||
8 | a
school district otherwise operating recognized schools, | ||||||
9 | the claim of the
district shall be reduced in the | ||||||
10 | proportion which the Average Daily
Attendance in the | ||||||
11 | attendance center or centers bear to the Average Daily
| ||||||
12 | Attendance in the school district. A "recognized school" | ||||||
13 | means any
public school which meets the standards as | ||||||
14 | established for recognition
by the State Board of | ||||||
15 | Education. A school district or attendance center
not | ||||||
16 | having recognition status at the end of a school term is | ||||||
17 | entitled to
receive State aid payments due upon a legal | ||||||
18 | claim which was filed while
it was recognized. | ||||||
19 | (b) School district claims filed under this Section are | ||||||
20 | subject to
Sections 18-9 and 18-12, except as otherwise | ||||||
21 | provided in this
Section. | ||||||
22 | (c) If a school district operates a full year school | ||||||
23 | under Section
10-19.1, the general State aid to the school | ||||||
24 | district shall be determined
by the State Board of | ||||||
25 | Education in accordance with this Section as near as
may be | ||||||
26 | applicable. |
| |||||||
| |||||||
1 | (d) (Blank). | ||||||
2 | (4) Except as provided in subsections (H) and (L), the | ||||||
3 | board of any district
receiving any of the grants provided for | ||||||
4 | in this Section may apply those funds
to any fund so received | ||||||
5 | for which that board is authorized to make expenditures
by law. | ||||||
6 | School districts are not required to exert a minimum | ||||||
7 | Operating Tax Rate in
order to qualify for assistance under | ||||||
8 | this Section. | ||||||
9 | (5) As used in this Section the following terms, when | ||||||
10 | capitalized, shall
have the meaning ascribed herein: | ||||||
11 | (a) "Average Daily Attendance": A count of pupil | ||||||
12 | attendance in school,
averaged as provided for in | ||||||
13 | subsection (C) and utilized in deriving per pupil
financial | ||||||
14 | support levels. | ||||||
15 | (b) "Available Local Resources": A computation of | ||||||
16 | local financial
support, calculated on the basis of Average | ||||||
17 | Daily Attendance and derived as
provided pursuant to | ||||||
18 | subsection (D). | ||||||
19 | (c) "Corporate Personal Property Replacement Taxes": | ||||||
20 | Funds paid to local
school districts pursuant to "An Act in | ||||||
21 | relation to the abolition of ad valorem
personal property | ||||||
22 | tax and the replacement of revenues lost thereby, and
| ||||||
23 | amending and repealing certain Acts and parts of Acts in | ||||||
24 | connection therewith",
certified August 14, 1979, as | ||||||
25 | amended (Public Act 81-1st S.S.-1). | ||||||
26 | (d) "Foundation Level": A prescribed level of per pupil |
| |||||||
| |||||||
1 | financial support
as provided for in subsection (B). | ||||||
2 | (e) "Operating Tax Rate": All school district property | ||||||
3 | taxes extended for
all purposes, except Bond and
Interest, | ||||||
4 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
5 | Education
Building purposes.
| ||||||
6 | (B) Foundation Level. | ||||||
7 | (1) The Foundation Level is a figure established by the | ||||||
8 | State representing
the minimum level of per pupil financial | ||||||
9 | support that should be available to
provide for the basic | ||||||
10 | education of each pupil in
Average Daily Attendance. As set | ||||||
11 | forth in this Section, each school district
is assumed to exert
| ||||||
12 | a sufficient local taxing effort such that, in combination with | ||||||
13 | the aggregate
of general State
financial aid provided the | ||||||
14 | district, an aggregate of State and local resources
are | ||||||
15 | available to meet
the basic education needs of pupils in the | ||||||
16 | district. | ||||||
17 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
18 | support is
$4,225. For the 1999-2000 school year, the | ||||||
19 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
20 | year, the Foundation Level of support is
$4,425. For the | ||||||
21 | 2001-2002 school year and 2002-2003 school year, the
Foundation | ||||||
22 | Level of support is $4,560. For the 2003-2004 school year, the | ||||||
23 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
24 | year, the Foundation Level of support is $4,964.
For the | ||||||
25 | 2005-2006 school year,
the Foundation Level of support is |
| |||||||
| |||||||
1 | $5,164. For the 2006-2007 school year, the Foundation Level of | ||||||
2 | support is $5,334. For the 2007-2008 school year, the | ||||||
3 | Foundation Level of support is $5,734. For the 2008-2009 school | ||||||
4 | year, the Foundation Level of support is $5,959. | ||||||
5 | (3) For the 2009-2010 school year and each school year | ||||||
6 | thereafter,
the Foundation Level of support is $6,119 or such | ||||||
7 | greater amount as
may be established by law by the General | ||||||
8 | Assembly.
| ||||||
9 | (C) Average Daily Attendance. | ||||||
10 | (1) For purposes of calculating general State aid pursuant | ||||||
11 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
12 | utilized. The Average Daily
Attendance figure for formula
| ||||||
13 | calculation purposes shall be the monthly average of the actual | ||||||
14 | number of
pupils in attendance of
each school district, as | ||||||
15 | further averaged for the best 3 months of pupil
attendance for | ||||||
16 | each
school district. In compiling the figures for the number | ||||||
17 | of pupils in
attendance, school districts
and the State Board | ||||||
18 | of Education shall, for purposes of general State aid
funding, | ||||||
19 | conform
attendance figures to the requirements of subsection | ||||||
20 | (F). | ||||||
21 | (2) The Average Daily Attendance figures utilized in | ||||||
22 | subsection (E) shall be
the requisite attendance data for the | ||||||
23 | school year immediately preceding
the
school year for which | ||||||
24 | general State aid is being calculated
or the average of the | ||||||
25 | attendance data for the 3 preceding school
years, whichever is |
| |||||||
| |||||||
1 | greater. The Average Daily Attendance figures
utilized in | ||||||
2 | subsection (H) shall be the requisite attendance data for the
| ||||||
3 | school year immediately preceding the school year for which | ||||||
4 | general
State aid is being calculated.
| ||||||
5 | (D) Available Local Resources. | ||||||
6 | (1) For purposes of calculating general State aid pursuant | ||||||
7 | to subsection
(E), a representation of Available Local | ||||||
8 | Resources per pupil, as that term is
defined and determined in | ||||||
9 | this subsection, shall be utilized. Available Local
Resources | ||||||
10 | per pupil shall include a calculated
dollar amount representing | ||||||
11 | local school district revenues from local property
taxes and | ||||||
12 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
13 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
14 | of Available Local Resources shall exclude any tax amnesty | ||||||
15 | funds received as a result of Public Act 93-26. | ||||||
16 | (2) In determining a school district's revenue from local | ||||||
17 | property taxes,
the State Board of Education shall utilize the | ||||||
18 | equalized assessed valuation of
all taxable property of each | ||||||
19 | school
district as of September 30 of the previous year. The | ||||||
20 | equalized assessed
valuation utilized shall
be obtained and | ||||||
21 | determined as provided in subsection (G). | ||||||
22 | (3) For school districts maintaining grades kindergarten | ||||||
23 | through 12, local
property tax
revenues per pupil shall be | ||||||
24 | calculated as the product of the applicable
equalized assessed
| ||||||
25 | valuation for the district multiplied by 3.00%, and divided by |
| |||||||
| |||||||
1 | the district's
Average Daily
Attendance figure. For school | ||||||
2 | districts maintaining grades kindergarten
through 8, local
| ||||||
3 | property tax revenues per pupil shall be calculated as the | ||||||
4 | product of the
applicable equalized
assessed valuation for the | ||||||
5 | district multiplied by 2.30%, and divided by the
district's | ||||||
6 | Average
Daily Attendance figure. For school districts | ||||||
7 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
8 | per pupil shall be the applicable equalized assessed valuation | ||||||
9 | of
the district
multiplied by 1.05%, and divided by the | ||||||
10 | district's Average Daily
Attendance
figure. | ||||||
11 | For partial elementary unit districts created pursuant to | ||||||
12 | Article 11E of this Code, local property tax revenues per pupil | ||||||
13 | shall be calculated as the product of the equalized assessed | ||||||
14 | valuation for property within the partial elementary unit | ||||||
15 | district for elementary purposes, as defined in Article 11E of | ||||||
16 | this Code, multiplied by 2.06% and divided by the district's | ||||||
17 | Average Daily Attendance figure, plus the product of the | ||||||
18 | equalized assessed valuation for property within the partial | ||||||
19 | elementary unit district for high school purposes, as defined | ||||||
20 | in Article 11E of this Code, multiplied by 0.94% and divided by | ||||||
21 | the district's Average Daily Attendance figure.
| ||||||
22 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
23 | to each school
district during the calendar year one year | ||||||
24 | before the calendar year in which a
school year begins, divided | ||||||
25 | by the Average Daily Attendance figure for that
district, shall | ||||||
26 | be added to the local property tax revenues per pupil as
|
| |||||||
| |||||||
1 | derived by the application of the immediately preceding | ||||||
2 | paragraph (3). The sum
of these per pupil figures for each | ||||||
3 | school district shall constitute Available
Local Resources as | ||||||
4 | that term is utilized in subsection (E) in the calculation
of | ||||||
5 | general State aid.
| ||||||
6 | (E) Computation of General State Aid. | ||||||
7 | (1) For each school year, the amount of general State aid | ||||||
8 | allotted to a
school district shall be computed by the State | ||||||
9 | Board of Education as provided
in this subsection. | ||||||
10 | (2) For any school district for which Available Local | ||||||
11 | Resources per pupil
is less than the product of 0.93 times the | ||||||
12 | Foundation Level, general State aid
for that district shall be | ||||||
13 | calculated as an amount equal to the Foundation
Level minus | ||||||
14 | Available Local Resources, multiplied by the Average Daily
| ||||||
15 | Attendance of the school district. | ||||||
16 | (3) For any school district for which Available Local | ||||||
17 | Resources per pupil
is equal to or greater than the product of | ||||||
18 | 0.93 times the Foundation Level and
less than the product of | ||||||
19 | 1.75 times the Foundation Level, the general State aid
per | ||||||
20 | pupil shall be a decimal proportion of the Foundation Level | ||||||
21 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
22 | the calculated general State
aid per pupil shall decline in | ||||||
23 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
24 | a school district with Available Local Resources equal to
the | ||||||
25 | product of 0.93 times the Foundation Level, to 0.05 times the |
| |||||||
| |||||||
1 | Foundation
Level for a school district with Available Local | ||||||
2 | Resources equal to the product
of 1.75 times the Foundation | ||||||
3 | Level. The allocation of general
State aid for school districts | ||||||
4 | subject to this paragraph 3 shall be the
calculated general | ||||||
5 | State aid
per pupil figure multiplied by the Average Daily | ||||||
6 | Attendance of the school
district. | ||||||
7 | (4) For any school district for which Available Local | ||||||
8 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
9 | the Foundation Level, the general
State aid for the school | ||||||
10 | district shall be calculated as the product of $218
multiplied | ||||||
11 | by the Average Daily Attendance of the school
district. | ||||||
12 | (5) The amount of general State aid allocated to a school | ||||||
13 | district for
the 1999-2000 school year meeting the requirements | ||||||
14 | set forth in paragraph (4)
of subsection
(G) shall be increased | ||||||
15 | by an amount equal to the general State aid that
would have | ||||||
16 | been received by the district for the 1998-1999 school year by
| ||||||
17 | utilizing the Extension Limitation Equalized Assessed | ||||||
18 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
19 | the general State aid allotted for the
1998-1999
school year. | ||||||
20 | This amount shall be deemed a one time increase, and shall not
| ||||||
21 | affect any future general State aid allocations.
| ||||||
22 | (F) Compilation of Average Daily Attendance. | ||||||
23 | (1) Each school district shall, by July 1 of each year, | ||||||
24 | submit to the State
Board of Education, on forms prescribed by | ||||||
25 | the State Board of Education,
attendance figures for the school |
| |||||||
| |||||||
1 | year that began in the preceding calendar
year. The attendance | ||||||
2 | information so transmitted shall identify the average
daily | ||||||
3 | attendance figures for each month of the school year. Beginning | ||||||
4 | with
the general State aid claim form for the 2002-2003 school
| ||||||
5 | year, districts shall calculate Average Daily Attendance as | ||||||
6 | provided in
subdivisions (a), (b), and (c) of this paragraph | ||||||
7 | (1). | ||||||
8 | (a) In districts that do not hold year-round classes,
| ||||||
9 | days of attendance in August shall be added to the month of | ||||||
10 | September and any
days of attendance in June shall be added | ||||||
11 | to the month of May. | ||||||
12 | (b) In districts in which all buildings hold year-round | ||||||
13 | classes,
days of attendance in July and August shall be | ||||||
14 | added to the month
of September and any days of attendance | ||||||
15 | in June shall be added to
the month of May. | ||||||
16 | (c) In districts in which some buildings, but not all, | ||||||
17 | hold
year-round classes, for the non-year-round buildings, | ||||||
18 | days of
attendance in August shall be added to the month of | ||||||
19 | September
and any days of attendance in June shall be added | ||||||
20 | to the month of
May. The average daily attendance for the | ||||||
21 | year-round buildings
shall be computed as provided in | ||||||
22 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
23 | Average Daily Attendance for the district, the
average | ||||||
24 | daily attendance for the year-round buildings shall be
| ||||||
25 | multiplied by the days in session for the non-year-round | ||||||
26 | buildings
for each month and added to the monthly |
| |||||||
| |||||||
1 | attendance of the
non-year-round buildings. | ||||||
2 | Except as otherwise provided in this Section, days of
| ||||||
3 | attendance by pupils shall be counted only for sessions of not | ||||||
4 | less than
5 clock hours of school work per day under direct | ||||||
5 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
6 | volunteer personnel when engaging
in non-teaching duties and | ||||||
7 | supervising in those instances specified in
subsection (a) of | ||||||
8 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
9 | of legal school age and in kindergarten and grades 1 through | ||||||
10 | 12. | ||||||
11 | Days of attendance by tuition pupils shall be accredited | ||||||
12 | only to the
districts that pay the tuition to a recognized | ||||||
13 | school. | ||||||
14 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
15 | of school
shall be subject to the following provisions in the | ||||||
16 | compilation of Average
Daily Attendance. | ||||||
17 | (a) Pupils regularly enrolled in a public school for | ||||||
18 | only a part of
the school day may be counted on the basis | ||||||
19 | of 1/6 day for every class hour
of instruction of 40 | ||||||
20 | minutes or more attended pursuant to such enrollment,
| ||||||
21 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
22 | minutes or more of instruction,
in which case the pupil may | ||||||
23 | be counted on the basis of the proportion of
minutes of | ||||||
24 | school work completed each day to the minimum number of
| ||||||
25 | minutes that school work is required to be held that day. | ||||||
26 | (b) (Blank). |
| |||||||
| |||||||
1 | (c) A session of 4 or more clock hours may be counted | ||||||
2 | as a day of
attendance upon certification by the regional | ||||||
3 | superintendent, and
approved by the State Superintendent | ||||||
4 | of Education to the extent that the
district has been | ||||||
5 | forced to use daily multiple sessions. | ||||||
6 | (d) A session of 3 or more clock hours may be counted | ||||||
7 | as a day of
attendance (1) when the remainder of the school | ||||||
8 | day or at least
2 hours in the evening of that day is | ||||||
9 | utilized for an
in-service training program for teachers, | ||||||
10 | up to a maximum of 5 days per
school year, provided a | ||||||
11 | district conducts an in-service
training program for | ||||||
12 | teachers in accordance with Section 10-22.39 of this Code; | ||||||
13 | or, in lieu of 4 such days, 2 full days may
be used, in | ||||||
14 | which event each such day
may be counted as a day required | ||||||
15 | for a legal school calendar pursuant to Section 10-19 of | ||||||
16 | this Code; (1.5) when, of the 5 days allowed under item | ||||||
17 | (1), a maximum of 4 days are used for parent-teacher | ||||||
18 | conferences, or, in lieu of 4 such days, 2 full days are | ||||||
19 | used, in which case each such day may be counted as a | ||||||
20 | calendar day required under Section 10-19 of this Code, | ||||||
21 | provided that the full-day, parent-teacher conference | ||||||
22 | consists of (i) a minimum of 5 clock hours of | ||||||
23 | parent-teacher conferences, (ii) both a minimum of 2 clock | ||||||
24 | hours of parent-teacher conferences held in the evening | ||||||
25 | following a full day of student attendance, as specified in | ||||||
26 | subsection (F)(1)(c), and a minimum of 3 clock hours of |
| |||||||
| |||||||
1 | parent-teacher conferences held on the day immediately | ||||||
2 | following evening parent-teacher conferences, or (iii) | ||||||
3 | multiple parent-teacher conferences held in the evenings | ||||||
4 | following full days of student attendance, as specified in | ||||||
5 | subsection (F)(1)(c), in which the time used for the | ||||||
6 | parent-teacher conferences is equivalent to a minimum of 5 | ||||||
7 | clock hours; and (2) when days in
addition to
those | ||||||
8 | provided in items (1) and (1.5) are scheduled by a school | ||||||
9 | pursuant to its school
improvement plan adopted under | ||||||
10 | Article 34 or its revised or amended school
improvement | ||||||
11 | plan adopted under Article 2, provided that (i) such | ||||||
12 | sessions of
3 or more clock hours are scheduled to occur at | ||||||
13 | regular intervals, (ii) the
remainder of the school days in | ||||||
14 | which such sessions occur are utilized
for in-service | ||||||
15 | training programs or other staff development activities | ||||||
16 | for
teachers, and (iii) a sufficient number of minutes of | ||||||
17 | school work under the
direct supervision of teachers are | ||||||
18 | added to the school days between such
regularly scheduled | ||||||
19 | sessions to accumulate not less than the number of minutes
| ||||||
20 | by which such sessions of 3 or more clock hours fall short | ||||||
21 | of 5 clock hours.
Any full days used for the purposes of | ||||||
22 | this paragraph shall not be considered
for
computing | ||||||
23 | average daily attendance. Days scheduled for in-service | ||||||
24 | training
programs, staff development activities, or | ||||||
25 | parent-teacher conferences may be
scheduled separately for | ||||||
26 | different
grade levels and different attendance centers of |
| |||||||
| |||||||
1 | the district. | ||||||
2 | (e) A session of not less than one clock hour of | ||||||
3 | teaching
hospitalized or homebound pupils on-site or by | ||||||
4 | telephone to the classroom may
be counted as 1/2 day of | ||||||
5 | attendance, however these pupils must receive 4 or
more | ||||||
6 | clock hours of instruction to be counted for a full day of | ||||||
7 | attendance. | ||||||
8 | (f) A session of at least 4 clock hours may be counted | ||||||
9 | as a day of
attendance for first grade pupils, and pupils | ||||||
10 | in full day kindergartens,
and a session of 2 or more hours | ||||||
11 | may be counted as 1/2 day of attendance by
pupils in | ||||||
12 | kindergartens which provide only 1/2 day of attendance. | ||||||
13 | (g) For children with disabilities who are below the | ||||||
14 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
15 | because of their disability or
immaturity, a session of not | ||||||
16 | less than one clock hour may be counted as 1/2 day
of | ||||||
17 | attendance; however for such children whose educational | ||||||
18 | needs so require
a session of 4 or more clock hours may be | ||||||
19 | counted as a full day of attendance. | ||||||
20 | (h) A recognized kindergarten which provides for only | ||||||
21 | 1/2 day of
attendance by each pupil shall not have more | ||||||
22 | than 1/2 day of attendance
counted in any one day. However, | ||||||
23 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
24 | consecutive school days. When a pupil attends such a
| ||||||
25 | kindergarten for 2 half days on any one school day, the | ||||||
26 | pupil shall have
the following day as a day absent from |
| |||||||
| |||||||
1 | school, unless the school district
obtains permission in | ||||||
2 | writing from the State Superintendent of Education.
| ||||||
3 | Attendance at kindergartens which provide for a full day of | ||||||
4 | attendance by
each pupil shall be counted the same as | ||||||
5 | attendance by first grade pupils.
Only the first year of | ||||||
6 | attendance in one kindergarten shall be counted,
except in | ||||||
7 | case of children who entered the kindergarten in their | ||||||
8 | fifth year
whose educational development requires a second | ||||||
9 | year of kindergarten as
determined under the rules and | ||||||
10 | regulations of the State Board of Education. | ||||||
11 | (i) On the days when the assessment that includes a | ||||||
12 | college and career ready determination is
administered | ||||||
13 | under subsection (c) of Section 2-3.64a-5 of this Code, the | ||||||
14 | day
of attendance for a pupil whose school
day must be | ||||||
15 | shortened to accommodate required testing procedures may
| ||||||
16 | be less than 5 clock hours and shall be counted towards the | ||||||
17 | 176 days of actual pupil attendance required under Section | ||||||
18 | 10-19 of this Code, provided that a sufficient number of | ||||||
19 | minutes
of school work in excess of 5 clock hours are first | ||||||
20 | completed on other school
days to compensate for the loss | ||||||
21 | of school work on the examination days. | ||||||
22 | (j) Pupils enrolled in a remote educational program | ||||||
23 | established under Section 10-29 of this Code may be counted | ||||||
24 | on the basis of one-fifth day of attendance for every clock | ||||||
25 | hour of instruction attended in the remote educational | ||||||
26 | program, provided that, in any month, the school district |
| |||||||
| |||||||
1 | may not claim for a student enrolled in a remote | ||||||
2 | educational program more days of attendance than the | ||||||
3 | maximum number of days of attendance the district can claim | ||||||
4 | (i) for students enrolled in a building holding year-round | ||||||
5 | classes if the student is classified as participating in | ||||||
6 | the remote educational program on a year-round schedule or | ||||||
7 | (ii) for students enrolled in a building not holding | ||||||
8 | year-round classes if the student is not classified as | ||||||
9 | participating in the remote educational program on a | ||||||
10 | year-round schedule.
| ||||||
11 | (G) Equalized Assessed Valuation Data. | ||||||
12 | (1) For purposes of the calculation of Available Local | ||||||
13 | Resources required
pursuant to subsection (D), the
State Board | ||||||
14 | of Education shall secure from the Department of
Revenue the | ||||||
15 | value as equalized or assessed by the Department of Revenue of
| ||||||
16 | all taxable property of every school district, together with | ||||||
17 | (i) the applicable
tax rate used in extending taxes for the | ||||||
18 | funds of the district as of
September 30 of the previous year
| ||||||
19 | and (ii) the limiting rate for all school
districts subject to | ||||||
20 | property tax extension limitations as imposed under the
| ||||||
21 | Property Tax Extension Limitation Law.
| ||||||
22 | The Department of Revenue shall add to the equalized | ||||||
23 | assessed value of all
taxable
property of each school district | ||||||
24 | situated entirely or partially within a county
that is or was | ||||||
25 | subject to the
provisions of Section 15-176 or 15-177 of the |
| |||||||
| |||||||
1 | Property Tax Code (a)
an amount equal to the total amount by | ||||||
2 | which the
homestead exemption allowed under Section 15-176 or | ||||||
3 | 15-177 of the Property Tax Code for
real
property situated in | ||||||
4 | that school district exceeds the total amount that would
have | ||||||
5 | been
allowed in that school district if the maximum reduction | ||||||
6 | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||||||
7 | all other counties in tax year 2003 or (ii) $5,000 in all | ||||||
8 | counties in tax year 2004 and thereafter and (b) an amount | ||||||
9 | equal to the aggregate amount for the taxable year of all | ||||||
10 | additional exemptions under Section 15-175 of the Property Tax | ||||||
11 | Code for owners with a household income of $30,000 or less. The | ||||||
12 | county clerk of any county that is or was subject to the | ||||||
13 | provisions of Section 15-176 or 15-177 of the Property Tax Code | ||||||
14 | shall
annually calculate and certify to the Department of | ||||||
15 | Revenue for each school
district all
homestead exemption | ||||||
16 | amounts under Section 15-176 or 15-177 of the Property Tax Code | ||||||
17 | and all amounts of additional exemptions under Section 15-175 | ||||||
18 | of the Property Tax Code for owners with a household income of | ||||||
19 | $30,000 or less. It is the intent of this paragraph that if the | ||||||
20 | general homestead exemption for a parcel of property is | ||||||
21 | determined under Section 15-176 or 15-177 of the Property Tax | ||||||
22 | Code rather than Section 15-175, then the calculation of | ||||||
23 | Available Local Resources shall not be affected by the | ||||||
24 | difference, if any, between the amount of the general homestead | ||||||
25 | exemption allowed for that parcel of property under Section | ||||||
26 | 15-176 or 15-177 of the Property Tax Code and the amount that |
| |||||||
| |||||||
1 | would have been allowed had the general homestead exemption for | ||||||
2 | that parcel of property been determined under Section 15-175 of | ||||||
3 | the Property Tax Code. It is further the intent of this | ||||||
4 | paragraph that if additional exemptions are allowed under | ||||||
5 | Section 15-175 of the Property Tax Code for owners with a | ||||||
6 | household income of less than $30,000, then the calculation of | ||||||
7 | Available Local Resources shall not be affected by the | ||||||
8 | difference, if any, because of those additional exemptions. | ||||||
9 | This equalized assessed valuation, as adjusted further by | ||||||
10 | the requirements of
this subsection, shall be utilized in the | ||||||
11 | calculation of Available Local
Resources. | ||||||
12 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
13 | be adjusted, as
applicable, in the following manner: | ||||||
14 | (a) For the purposes of calculating State aid under | ||||||
15 | this Section,
with respect to any part of a school district | ||||||
16 | within a redevelopment
project area in respect to which a | ||||||
17 | municipality has adopted tax
increment allocation | ||||||
18 | financing pursuant to the Tax Increment Allocation
| ||||||
19 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
20 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
21 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
22 | Illinois Municipal Code, no part of the current equalized
| ||||||
23 | assessed valuation of real property located in any such | ||||||
24 | project area which is
attributable to an increase above the | ||||||
25 | total initial equalized assessed
valuation of such | ||||||
26 | property shall be used as part of the equalized assessed
|
| |||||||
| |||||||
1 | valuation of the district, until such time as all
| ||||||
2 | redevelopment project costs have been paid, as provided in | ||||||
3 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
4 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
5 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
6 | equalized assessed valuation of the
district, the total | ||||||
7 | initial equalized assessed valuation or the current
| ||||||
8 | equalized assessed valuation, whichever is lower, shall be | ||||||
9 | used until
such time as all redevelopment project costs | ||||||
10 | have been paid. | ||||||
11 | (b) The real property equalized assessed valuation for | ||||||
12 | a school district
shall be adjusted by subtracting from the | ||||||
13 | real property
value as equalized or assessed by the | ||||||
14 | Department of Revenue for the
district an amount computed | ||||||
15 | by dividing the amount of any abatement of
taxes under | ||||||
16 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
17 | district
maintaining grades kindergarten through 12, by | ||||||
18 | 2.30% for a district
maintaining grades kindergarten | ||||||
19 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
20 | through 12 and adjusted by an amount computed by dividing
| ||||||
21 | the amount of any abatement of taxes under subsection (a) | ||||||
22 | of Section 18-165 of
the Property Tax Code by the same | ||||||
23 | percentage rates for district type as
specified in this | ||||||
24 | subparagraph (b). | ||||||
25 | (3) For the 1999-2000 school year and each school year | ||||||
26 | thereafter, if a
school district meets all of the criteria of |
| |||||||
| |||||||
1 | this subsection (G)(3), the school
district's Available Local | ||||||
2 | Resources shall be calculated under subsection (D)
using the | ||||||
3 | district's Extension Limitation Equalized Assessed Valuation | ||||||
4 | as
calculated under this
subsection (G)(3). | ||||||
5 | For purposes of this subsection (G)(3) the following terms | ||||||
6 | shall have
the following meanings: | ||||||
7 | "Budget Year": The school year for which general State | ||||||
8 | aid is calculated
and
awarded under subsection (E). | ||||||
9 | "Base Tax Year": The property tax levy year used to | ||||||
10 | calculate the Budget
Year
allocation of general State aid. | ||||||
11 | "Preceding Tax Year": The property tax levy year | ||||||
12 | immediately preceding the
Base Tax Year. | ||||||
13 | "Base Tax Year's Tax Extension": The product of the | ||||||
14 | equalized assessed
valuation utilized by the County Clerk | ||||||
15 | in the Base Tax Year multiplied by the
limiting rate as | ||||||
16 | calculated by the County Clerk and defined in the Property | ||||||
17 | Tax
Extension Limitation Law. | ||||||
18 | "Preceding Tax Year's Tax Extension": The product of | ||||||
19 | the equalized assessed
valuation utilized by the County | ||||||
20 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
21 | Tax Rate as defined in subsection (A). | ||||||
22 | "Extension Limitation Ratio": A numerical ratio, | ||||||
23 | certified by the
County Clerk, in which the numerator is | ||||||
24 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
25 | the Preceding Tax Year's Tax Extension. | ||||||
26 | "Operating Tax Rate": The operating tax rate as defined |
| |||||||
| |||||||
1 | in subsection (A). | ||||||
2 | If a school district is subject to property tax extension | ||||||
3 | limitations as
imposed under
the Property Tax Extension | ||||||
4 | Limitation Law, the State Board of Education shall
calculate | ||||||
5 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
6 | district. For the 1999-2000 school
year, the
Extension | ||||||
7 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
8 | calculated by the State Board of Education shall be equal to | ||||||
9 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
10 | and the district's Extension
Limitation Ratio. Except as | ||||||
11 | otherwise provided in this paragraph for a school district that | ||||||
12 | has approved or does approve an increase in its limiting rate, | ||||||
13 | for the 2000-2001 school year and each school year
thereafter,
| ||||||
14 | the Extension Limitation Equalized Assessed Valuation of a | ||||||
15 | school district as
calculated by the State Board of Education | ||||||
16 | shall be equal to the product of
the Equalized Assessed | ||||||
17 | Valuation last used in the calculation of general State
aid and | ||||||
18 | the
district's Extension Limitation Ratio. If the Extension | ||||||
19 | Limitation
Equalized
Assessed Valuation of a school district as | ||||||
20 | calculated under
this subsection (G)(3) is less than the | ||||||
21 | district's equalized assessed valuation
as calculated pursuant | ||||||
22 | to subsections (G)(1) and (G)(2), then for purposes of
| ||||||
23 | calculating the district's general State aid for the Budget | ||||||
24 | Year pursuant to
subsection (E), that Extension
Limitation | ||||||
25 | Equalized Assessed Valuation shall be utilized to calculate the
| ||||||
26 | district's Available Local Resources
under subsection (D). For |
| |||||||
| |||||||
1 | the 2009-2010 school year and each school year thereafter, if a | ||||||
2 | school district has approved or does approve an increase in its | ||||||
3 | limiting rate, pursuant to Section 18-190 of the Property Tax | ||||||
4 | Code, affecting the Base Tax Year, the Extension Limitation | ||||||
5 | Equalized Assessed Valuation of the school district, as | ||||||
6 | calculated by the State Board of Education, shall be equal to | ||||||
7 | the product of the Equalized Assessed Valuation last used in | ||||||
8 | the calculation of general State aid times an amount equal to | ||||||
9 | one plus the percentage increase, if any, in the Consumer Price | ||||||
10 | Index for all Urban Consumers for all items published by the | ||||||
11 | United States Department of Labor for the 12-month calendar | ||||||
12 | year preceding the Base Tax Year, plus the Equalized Assessed | ||||||
13 | Valuation of new property, annexed property, and recovered tax | ||||||
14 | increment value and minus the Equalized Assessed Valuation of | ||||||
15 | disconnected property. New property and recovered tax | ||||||
16 | increment value shall have the meanings set forth in the | ||||||
17 | Property Tax Extension Limitation Law. | ||||||
18 | Partial elementary unit districts created in accordance | ||||||
19 | with Article 11E of this Code shall not be eligible for the | ||||||
20 | adjustment in this subsection (G)(3) until the fifth year | ||||||
21 | following the effective date of the reorganization.
| ||||||
22 | (3.5) For the 2010-2011 school year and each school year | ||||||
23 | thereafter, if a school district's boundaries span multiple | ||||||
24 | counties, then the Department of Revenue shall send to the | ||||||
25 | State Board of Education, for the purpose of calculating | ||||||
26 | general State aid, the limiting rate and individual rates by |
| |||||||
| |||||||
1 | purpose for the county that contains the majority of the school | ||||||
2 | district's Equalized Assessed Valuation. | ||||||
3 | (4) For the purposes of calculating general State aid for | ||||||
4 | the 1999-2000
school year only, if a school district | ||||||
5 | experienced a triennial reassessment on
the equalized assessed | ||||||
6 | valuation used in calculating its general State
financial aid | ||||||
7 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
8 | Education shall calculate the Extension Limitation Equalized | ||||||
9 | Assessed Valuation
that would have been used to calculate the | ||||||
10 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
11 | the product of the equalized assessed valuation
used to
| ||||||
12 | calculate general State aid for the 1997-1998 school year and | ||||||
13 | the district's
Extension Limitation Ratio. If the Extension | ||||||
14 | Limitation Equalized Assessed
Valuation of the school district | ||||||
15 | as calculated under this paragraph (4) is
less than the | ||||||
16 | district's equalized assessed valuation utilized in | ||||||
17 | calculating
the
district's 1998-1999 general State aid | ||||||
18 | allocation, then for purposes of
calculating the district's | ||||||
19 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
20 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
21 | be utilized to
calculate the district's Available Local | ||||||
22 | Resources. | ||||||
23 | (5) For school districts having a majority of their | ||||||
24 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
25 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
26 | aid allocated to the school district for the
1999-2000 school |
| |||||||
| |||||||
1 | year under the provisions of subsection (E), (H), and (J) of
| ||||||
2 | this Section is less than the amount of general State aid | ||||||
3 | allocated to the
district for the 1998-1999 school year under | ||||||
4 | these subsections, then the
general
State aid of the district | ||||||
5 | for the 1999-2000 school year only shall be increased
by the | ||||||
6 | difference between these amounts. The total payments made under | ||||||
7 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
8 | be prorated if they
exceed $14,000,000.
| ||||||
9 | (H) Supplemental General State Aid. | ||||||
10 | (1) In addition to the general State aid a school district | ||||||
11 | is allotted
pursuant to subsection (E), qualifying school | ||||||
12 | districts shall receive a grant,
paid in conjunction with a | ||||||
13 | district's payments of general State aid, for
supplemental | ||||||
14 | general State aid based upon the concentration level of | ||||||
15 | children
from low-income households within the school | ||||||
16 | district.
Supplemental State aid grants provided for school | ||||||
17 | districts under this
subsection shall be appropriated for | ||||||
18 | distribution to school districts as part
of the same line item | ||||||
19 | in which the general State financial aid of school
districts is | ||||||
20 | appropriated under this Section.
| ||||||
21 | (1.5) This paragraph (1.5) applies only to those school | ||||||
22 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
23 | subsection (H), the term "Low-Income Concentration Level" | ||||||
24 | shall be the
low-income
eligible pupil count from the most | ||||||
25 | recently available federal census divided by
the Average Daily |
| |||||||
| |||||||
1 | Attendance of the school district.
If, however, (i) the | ||||||
2 | percentage decrease from the 2 most recent federal
censuses
in | ||||||
3 | the low-income eligible pupil count of a high school district | ||||||
4 | with fewer
than 400 students exceeds by 75% or more the | ||||||
5 | percentage change in the total
low-income eligible pupil count | ||||||
6 | of contiguous elementary school districts,
whose boundaries | ||||||
7 | are coterminous with the high school district,
or (ii) a high | ||||||
8 | school district within 2 counties and serving 5 elementary
| ||||||
9 | school
districts, whose boundaries are coterminous with the | ||||||
10 | high school
district, has a percentage decrease from the 2 most | ||||||
11 | recent federal
censuses in the low-income eligible pupil count | ||||||
12 | and there is a percentage
increase in the total low-income | ||||||
13 | eligible pupil count of a majority of the
elementary school | ||||||
14 | districts in excess of 50% from the 2 most recent
federal | ||||||
15 | censuses, then
the
high school district's low-income eligible | ||||||
16 | pupil count from the earlier federal
census
shall be the number | ||||||
17 | used as the low-income eligible pupil count for the high
school | ||||||
18 | district, for purposes of this subsection (H).
The changes made | ||||||
19 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
20 | supplemental general State aid
grants for school years | ||||||
21 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
22 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
23 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
24 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
25 | repealed on July 1, 1998), and any high school district that is | ||||||
26 | affected by
Public Act 92-28 is
entitled to a
recomputation of |
| |||||||
| |||||||
1 | its supplemental general State aid grant or State aid
paid in | ||||||
2 | any of those fiscal years. This recomputation shall not be
| ||||||
3 | affected by any other funding. | ||||||
4 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
5 | school year
and each school year thereafter. For purposes of | ||||||
6 | this subsection (H), the
term "Low-Income Concentration Level" | ||||||
7 | shall, for each fiscal year, be the
low-income eligible
pupil | ||||||
8 | count
as of July 1 of the immediately preceding fiscal year
(as | ||||||
9 | determined by the Department of Human Services based
on the | ||||||
10 | number of pupils
who are eligible for at least one of the | ||||||
11 | following
low income programs: Medicaid, the Children's Health | ||||||
12 | Insurance Program, TANF, or Food Stamps,
excluding pupils who | ||||||
13 | are eligible for services provided by the Department
of | ||||||
14 | Children and Family Services,
averaged over
the 2 immediately | ||||||
15 | preceding fiscal years for fiscal year 2004 and over the 3
| ||||||
16 | immediately preceding fiscal years for each fiscal year | ||||||
17 | thereafter)
divided by the Average Daily Attendance of the | ||||||
18 | school district. | ||||||
19 | (2) Supplemental general State aid pursuant to this | ||||||
20 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
21 | 1999-2000, and 2000-2001 school years
only: | ||||||
22 | (a) For any school district with a Low Income | ||||||
23 | Concentration Level of at
least 20% and less than 35%, the | ||||||
24 | grant for any school year
shall be $800
multiplied by the | ||||||
25 | low income eligible pupil count. | ||||||
26 | (b) For any school district with a Low Income |
| |||||||
| |||||||
1 | Concentration Level of at
least 35% and less than 50%, the | ||||||
2 | grant for the 1998-1999 school year shall be
$1,100 | ||||||
3 | multiplied by the low income eligible pupil count. | ||||||
4 | (c) For any school district with a Low Income | ||||||
5 | Concentration Level of at
least 50% and less than 60%, the | ||||||
6 | grant for the 1998-99 school year shall be
$1,500 | ||||||
7 | multiplied by the low income eligible pupil count. | ||||||
8 | (d) For any school district with a Low Income | ||||||
9 | Concentration Level of 60%
or more, the grant for the | ||||||
10 | 1998-99 school year shall be $1,900 multiplied by
the low | ||||||
11 | income eligible pupil count. | ||||||
12 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
13 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
14 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
15 | respectively. | ||||||
16 | (f) For the 2000-2001 school year, the per pupil | ||||||
17 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
18 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
19 | respectively. | ||||||
20 | (2.5) Supplemental general State aid pursuant to this | ||||||
21 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
22 | school year: | ||||||
23 | (a) For any school district with a Low Income | ||||||
24 | Concentration Level of less
than 10%, the grant for each | ||||||
25 | school year shall be $355 multiplied by the low
income | ||||||
26 | eligible pupil count. |
| |||||||
| |||||||
1 | (b) For any school district with a Low Income | ||||||
2 | Concentration
Level of at least 10% and less than 20%, the | ||||||
3 | grant for each school year shall
be $675
multiplied by the | ||||||
4 | low income eligible pupil
count. | ||||||
5 | (c) For any school district with a Low Income | ||||||
6 | Concentration
Level of at least 20% and less than 35%, the | ||||||
7 | grant for each school year shall
be $1,330
multiplied by | ||||||
8 | the low income eligible pupil
count. | ||||||
9 | (d) For any school district with a Low Income | ||||||
10 | Concentration
Level of at least 35% and less than 50%, the | ||||||
11 | grant for each school year shall
be $1,362
multiplied by | ||||||
12 | the low income eligible pupil
count. | ||||||
13 | (e) For any school district with a Low Income | ||||||
14 | Concentration
Level of at least 50% and less than 60%, the | ||||||
15 | grant for each school year shall
be $1,680
multiplied by | ||||||
16 | the low income eligible pupil
count. | ||||||
17 | (f) For any school district with a Low Income | ||||||
18 | Concentration
Level of 60% or more, the grant for each | ||||||
19 | school year shall be $2,080
multiplied by the low income | ||||||
20 | eligible pupil count. | ||||||
21 | (2.10) Except as otherwise provided, supplemental general | ||||||
22 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
23 | follows for the 2003-2004 school year and each
school year | ||||||
24 | thereafter: | ||||||
25 | (a) For any school district with a Low Income | ||||||
26 | Concentration
Level of 15% or less, the grant for each |
| |||||||
| |||||||
1 | school year
shall be $355 multiplied by the low income | ||||||
2 | eligible pupil count. | ||||||
3 | (b) For any school district with a Low Income | ||||||
4 | Concentration
Level greater than 15%, the grant for each | ||||||
5 | school year shall be
$294.25 added to the product of $2,700 | ||||||
6 | and the square of the Low
Income Concentration Level, all | ||||||
7 | multiplied by the low income
eligible pupil count. | ||||||
8 | For the 2003-2004 school year and each school year | ||||||
9 | thereafter through the 2008-2009 school year only, the grant | ||||||
10 | shall be no less than the
grant
for
the 2002-2003 school year. | ||||||
11 | For the 2009-2010 school year only, the grant shall
be no
less | ||||||
12 | than the grant for the 2002-2003 school year multiplied by | ||||||
13 | 0.66. For the 2010-2011
school year only, the grant shall be no | ||||||
14 | less than the grant for the 2002-2003
school year
multiplied by | ||||||
15 | 0.33. Notwithstanding the provisions of this paragraph to the | ||||||
16 | contrary, if for any school year supplemental general State aid | ||||||
17 | grants are prorated as provided in paragraph (1) of this | ||||||
18 | subsection (H), then the grants under this paragraph shall be | ||||||
19 | prorated.
| ||||||
20 | For the 2003-2004 school year only, the grant shall be no | ||||||
21 | greater
than the grant received during the 2002-2003 school | ||||||
22 | year added to the
product of 0.25 multiplied by the difference | ||||||
23 | between the grant amount
calculated under subsection (a) or (b) | ||||||
24 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
25 | grant received during the 2002-2003 school year.
For the | ||||||
26 | 2004-2005 school year only, the grant shall be no greater than
|
| |||||||
| |||||||
1 | the grant received during the 2002-2003 school year added to | ||||||
2 | the
product of 0.50 multiplied by the difference between the | ||||||
3 | grant amount
calculated under subsection (a) or (b) of this | ||||||
4 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
5 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
6 | school year only, the grant shall be no greater than
the grant | ||||||
7 | received during the 2002-2003 school year added to the
product | ||||||
8 | of 0.75 multiplied by the difference between the grant amount
| ||||||
9 | calculated under subsection (a) or (b) of this paragraph | ||||||
10 | (2.10), whichever
is applicable, and the grant received during | ||||||
11 | the 2002-2003
school year. | ||||||
12 | (3) School districts with an Average Daily Attendance of | ||||||
13 | more than 1,000
and less than 50,000 that qualify for | ||||||
14 | supplemental general State aid pursuant
to this subsection | ||||||
15 | shall submit a plan to the State Board of Education prior to
| ||||||
16 | October 30 of each year for the use of the funds resulting from | ||||||
17 | this grant of
supplemental general State aid for the | ||||||
18 | improvement of
instruction in which priority is given to | ||||||
19 | meeting the education needs of
disadvantaged children. Such | ||||||
20 | plan shall be submitted in accordance with
rules and | ||||||
21 | regulations promulgated by the State Board of Education. | ||||||
22 | (4) School districts with an Average Daily Attendance of | ||||||
23 | 50,000 or more
that qualify for supplemental general State aid | ||||||
24 | pursuant to this subsection
shall be required to distribute | ||||||
25 | from funds available pursuant to this Section,
no less than | ||||||
26 | $261,000,000 in accordance with the following requirements: |
| |||||||
| |||||||
1 | (a) The required amounts shall be distributed to the | ||||||
2 | attendance centers
within the district in proportion to the | ||||||
3 | number of pupils enrolled at each
attendance center who are | ||||||
4 | eligible to receive free or reduced-price lunches or
| ||||||
5 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
6 | and under the National
School Lunch Act during the | ||||||
7 | immediately preceding school year. | ||||||
8 | (b) The distribution of these portions of supplemental | ||||||
9 | and general State
aid among attendance centers according to | ||||||
10 | these requirements shall not be
compensated for or | ||||||
11 | contravened by adjustments of the total of other funds
| ||||||
12 | appropriated to any attendance centers, and the Board of | ||||||
13 | Education shall
utilize funding from one or several sources | ||||||
14 | in order to fully implement this
provision annually prior | ||||||
15 | to the opening of school. | ||||||
16 | (c) Each attendance center shall be provided by the
| ||||||
17 | school district a distribution of noncategorical funds and | ||||||
18 | other
categorical funds to which an attendance center is | ||||||
19 | entitled under law in
order that the general State aid and | ||||||
20 | supplemental general State aid provided
by application of | ||||||
21 | this subsection supplements rather than supplants the
| ||||||
22 | noncategorical funds and other categorical funds provided | ||||||
23 | by the school
district to the attendance centers. | ||||||
24 | (d) Any funds made available under this subsection that | ||||||
25 | by reason of the
provisions of this subsection are not
| ||||||
26 | required to be allocated and provided to attendance centers |
| |||||||
| |||||||
1 | may be used and
appropriated by the board of the district | ||||||
2 | for any lawful school purpose. | ||||||
3 | (e) Funds received by an attendance center
pursuant to | ||||||
4 | this
subsection shall be used
by the attendance center at | ||||||
5 | the discretion
of the principal and local school council | ||||||
6 | for programs to improve educational
opportunities at | ||||||
7 | qualifying schools through the following programs and
| ||||||
8 | services: early childhood education, reduced class size or | ||||||
9 | improved adult to
student classroom ratio, enrichment | ||||||
10 | programs, remedial assistance, attendance
improvement, and | ||||||
11 | other educationally beneficial expenditures which
| ||||||
12 | supplement
the regular and basic programs as determined by | ||||||
13 | the State Board of Education.
Funds provided shall not be | ||||||
14 | expended for any political or lobbying purposes
as defined | ||||||
15 | by board rule. | ||||||
16 | (f) Each district subject to the provisions of this | ||||||
17 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
18 | the educational needs of disadvantaged children, in
| ||||||
19 | compliance with the requirements of this paragraph, to the | ||||||
20 | State Board of
Education prior to July 15 of each year. | ||||||
21 | This plan shall be consistent with the
decisions of local | ||||||
22 | school councils concerning the school expenditure plans
| ||||||
23 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
24 | State Board shall
approve or reject the plan within 60 days | ||||||
25 | after its submission. If the plan is
rejected, the district | ||||||
26 | shall give written notice of intent to modify the plan
|
| |||||||
| |||||||
1 | within 15 days of the notification of rejection and then | ||||||
2 | submit a modified plan
within 30 days after the date of the | ||||||
3 | written notice of intent to modify.
Districts may amend | ||||||
4 | approved plans pursuant to rules promulgated by the State
| ||||||
5 | Board of Education. | ||||||
6 | Upon notification by the State Board of Education that | ||||||
7 | the district has
not submitted a plan prior to July 15 or a | ||||||
8 | modified plan within the time
period specified herein, the
| ||||||
9 | State aid funds affected by that plan or modified plan | ||||||
10 | shall be withheld by the
State Board of Education until a | ||||||
11 | plan or modified plan is submitted. | ||||||
12 | If the district fails to distribute State aid to | ||||||
13 | attendance centers in
accordance with an approved plan, the | ||||||
14 | plan for the following year shall
allocate funds, in | ||||||
15 | addition to the funds otherwise required by this
| ||||||
16 | subsection, to those attendance centers which were | ||||||
17 | underfunded during the
previous year in amounts equal to | ||||||
18 | such underfunding. | ||||||
19 | For purposes of determining compliance with this | ||||||
20 | subsection in relation
to the requirements of attendance | ||||||
21 | center funding, each district subject to the
provisions of | ||||||
22 | this
subsection shall submit as a separate document by | ||||||
23 | December 1 of each year a
report of expenditure data for | ||||||
24 | the prior year in addition to any
modification of its | ||||||
25 | current plan. If it is determined that there has been
a | ||||||
26 | failure to comply with the expenditure provisions of this |
| |||||||
| |||||||
1 | subsection
regarding contravention or supplanting, the | ||||||
2 | State Superintendent of
Education shall, within 60 days of | ||||||
3 | receipt of the report, notify the
district and any affected | ||||||
4 | local school council. The district shall within
45 days of | ||||||
5 | receipt of that notification inform the State | ||||||
6 | Superintendent of
Education of the remedial or corrective | ||||||
7 | action to be taken, whether by
amendment of the current | ||||||
8 | plan, if feasible, or by adjustment in the plan
for the | ||||||
9 | following year. Failure to provide the expenditure report | ||||||
10 | or the
notification of remedial or corrective action in a | ||||||
11 | timely manner shall
result in a withholding of the affected | ||||||
12 | funds. | ||||||
13 | The State Board of Education shall promulgate rules and | ||||||
14 | regulations
to implement the provisions of this | ||||||
15 | subsection. No funds shall be released
under this | ||||||
16 | subdivision (H)(4) to any district that has not submitted a | ||||||
17 | plan
that has been approved by the State Board of | ||||||
18 | Education.
| ||||||
19 | (I) (Blank).
| ||||||
20 | (J) (Blank).
| ||||||
21 | (K) Grants to Laboratory and Alternative Schools. | ||||||
22 | In calculating the amount to be paid to the governing board | ||||||
23 | of a public
university that operates a laboratory school under |
| |||||||
| |||||||
1 | this Section or to any
alternative school that is operated by a | ||||||
2 | regional superintendent of schools,
the State
Board of | ||||||
3 | Education shall require by rule such reporting requirements as | ||||||
4 | it
deems necessary. | ||||||
5 | As used in this Section, "laboratory school" means a public | ||||||
6 | school which is
created and operated by a public university and | ||||||
7 | approved by the State Board of
Education. The governing board | ||||||
8 | of a public university which receives funds
from the State | ||||||
9 | Board under this subsection (K) may not increase the number of
| ||||||
10 | students enrolled in its laboratory
school from a single | ||||||
11 | district, if that district is already sending 50 or more
| ||||||
12 | students, except under a mutual agreement between the school | ||||||
13 | board of a
student's district of residence and the university | ||||||
14 | which operates the
laboratory school. A laboratory school may | ||||||
15 | not have more than 1,000 students,
excluding students with | ||||||
16 | disabilities in a special education program. | ||||||
17 | As used in this Section, "alternative school" means a | ||||||
18 | public school which is
created and operated by a Regional | ||||||
19 | Superintendent of Schools and approved by
the State Board of | ||||||
20 | Education. Such alternative schools may offer courses of
| ||||||
21 | instruction for which credit is given in regular school | ||||||
22 | programs, courses to
prepare students for the high school | ||||||
23 | equivalency testing program or vocational
and occupational | ||||||
24 | training. A regional superintendent of schools may contract
| ||||||
25 | with a school district or a public community college district | ||||||
26 | to operate an
alternative school. An alternative school serving |
| |||||||
| |||||||
1 | more than one educational
service region may be established by | ||||||
2 | the regional superintendents of schools
of the affected | ||||||
3 | educational service regions. An alternative school
serving | ||||||
4 | more than one educational service region may be operated under | ||||||
5 | such
terms as the regional superintendents of schools of those | ||||||
6 | educational service
regions may agree. | ||||||
7 | Each laboratory and alternative school shall file, on forms | ||||||
8 | provided by the
State Superintendent of Education, an annual | ||||||
9 | State aid claim which states the
Average Daily Attendance of | ||||||
10 | the school's students by month. The best 3 months'
Average | ||||||
11 | Daily Attendance shall be computed for each school.
The general | ||||||
12 | State aid entitlement shall be computed by multiplying the
| ||||||
13 | applicable Average Daily Attendance by the Foundation Level as | ||||||
14 | determined under
this Section.
| ||||||
15 | (L) Payments, Additional Grants in Aid and Other Requirements. | ||||||
16 | (1) For a school district operating under the financial | ||||||
17 | supervision
of an Authority created under Article 34A, the | ||||||
18 | general State aid otherwise
payable to that district under this | ||||||
19 | Section, but not the supplemental general
State aid, shall be | ||||||
20 | reduced by an amount equal to the budget for
the operations of | ||||||
21 | the Authority as certified by the Authority to the State
Board | ||||||
22 | of Education, and an amount equal to such reduction shall be | ||||||
23 | paid
to the Authority created for such district for its | ||||||
24 | operating expenses in
the manner provided in Section 18-11. The | ||||||
25 | remainder
of general State school aid for any such district |
| |||||||
| |||||||
1 | shall be paid in accordance
with Article 34A when that Article | ||||||
2 | provides for a disposition other than that
provided by this | ||||||
3 | Article. | ||||||
4 | (2) (Blank). | ||||||
5 | (3) Summer school. Summer school payments shall be made as | ||||||
6 | provided in
Section 18-4.3.
| ||||||
7 | (M) Education Funding Advisory Board. | ||||||
8 | The Education Funding Advisory
Board, hereinafter in this | ||||||
9 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
10 | The Board
shall consist of 5 members who are appointed by the | ||||||
11 | Governor, by and with the
advice and consent of the Senate. The | ||||||
12 | members appointed shall include
representatives of education, | ||||||
13 | business, and the general public. One of the
members so | ||||||
14 | appointed shall be
designated by the Governor at the time the | ||||||
15 | appointment is made as the
chairperson of the
Board.
The | ||||||
16 | initial members of the Board may
be appointed any time after | ||||||
17 | the effective date of this amendatory Act of
1997. The regular | ||||||
18 | term of each member of the
Board shall be for 4 years from the | ||||||
19 | third Monday of January of the
year in which the term of the | ||||||
20 | member's appointment is to commence, except that
of the 5 | ||||||
21 | initial members appointed to serve on the
Board, the member who | ||||||
22 | is appointed as the chairperson shall serve for
a term that | ||||||
23 | commences on the date of his or her appointment and expires on | ||||||
24 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
25 | by lots drawn at
the first meeting of the Board that is
held
|
| |||||||
| |||||||
1 | after all 5 members are appointed, shall determine 2 of their | ||||||
2 | number to serve
for terms that commence on the date of their
| ||||||
3 | respective appointments and expire on the third
Monday of | ||||||
4 | January, 2001,
and 2 of their number to serve for terms that | ||||||
5 | commence
on the date of their respective appointments and | ||||||
6 | expire on the third Monday
of January, 2000. All members | ||||||
7 | appointed to serve on the
Board shall serve until their | ||||||
8 | respective successors are
appointed and confirmed. Vacancies | ||||||
9 | shall be filled in the same manner as
original appointments. If | ||||||
10 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
11 | in session, the Governor shall make a temporary appointment | ||||||
12 | until
the next meeting of the Senate, when he or she shall | ||||||
13 | appoint, by and with the
advice and consent of the Senate, a | ||||||
14 | person to fill that membership for the
unexpired term. If the | ||||||
15 | Senate is not in session when the initial appointments
are | ||||||
16 | made, those appointments shall
be made as in the case of | ||||||
17 | vacancies. | ||||||
18 | The Education Funding Advisory Board shall be deemed | ||||||
19 | established,
and the initial
members appointed by the Governor | ||||||
20 | to serve as members of the
Board shall take office,
on the date | ||||||
21 | that the
Governor makes his or her appointment of the fifth | ||||||
22 | initial member of the
Board, whether those initial members are | ||||||
23 | then serving
pursuant to appointment and confirmation or | ||||||
24 | pursuant to temporary appointments
that are made by the | ||||||
25 | Governor as in the case of vacancies. | ||||||
26 | The State Board of Education shall provide such staff |
| |||||||
| |||||||
1 | assistance to the
Education Funding Advisory Board as is | ||||||
2 | reasonably required for the proper
performance by the Board of | ||||||
3 | its responsibilities. | ||||||
4 | For school years after the 2000-2001 school year, the | ||||||
5 | Education
Funding Advisory Board, in consultation with the | ||||||
6 | State Board of Education,
shall make recommendations as | ||||||
7 | provided in this subsection (M) to the General
Assembly for the | ||||||
8 | foundation level under subdivision (B)(3) of this Section and
| ||||||
9 | for the
supplemental general State aid grant level under | ||||||
10 | subsection (H) of this Section
for districts with high | ||||||
11 | concentrations of children from poverty. The
recommended | ||||||
12 | foundation level shall be determined based on a methodology | ||||||
13 | which
incorporates the basic education expenditures of | ||||||
14 | low-spending schools
exhibiting high academic performance. The | ||||||
15 | Education Funding Advisory Board
shall make such | ||||||
16 | recommendations to the General Assembly on January 1 of odd
| ||||||
17 | numbered years, beginning January 1, 2001.
| ||||||
18 | (N) (Blank).
| ||||||
19 | (O) References. | ||||||
20 | (1) References in other laws to the various subdivisions of
| ||||||
21 | Section 18-8 as that Section existed before its repeal and | ||||||
22 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
23 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
24 | extent that those references remain applicable. |
| |||||||
| |||||||
1 | (2) References in other laws to State Chapter 1 funds shall | ||||||
2 | be deemed to
refer to the supplemental general State aid | ||||||
3 | provided under subsection (H) of
this Section. | ||||||
4 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
5 | changes to this Section. Under Section 6 of the Statute on | ||||||
6 | Statutes there is an irreconcilable conflict between Public Act | ||||||
7 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
8 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
9 | the law regardless of the text of Public Act 93-808. | ||||||
10 | (Q) State Fiscal Year 2015 Payments. | ||||||
11 | For payments made for State fiscal year 2015, the State | ||||||
12 | Board of Education shall, for each school district, calculate | ||||||
13 | that district's pro-rata share of a minimum sum of $13,600,000 | ||||||
14 | or additional amounts as needed from the total net General | ||||||
15 | State Aid funding as calculated under this Section that shall | ||||||
16 | be deemed attributable to the provision of special educational | ||||||
17 | facilities and services, as defined in Section 14-1.08 of this | ||||||
18 | Code, in a manner that ensures compliance with maintenance of | ||||||
19 | State financial support requirements under the federal | ||||||
20 | Individuals with Disabilities Education Act. Each school | ||||||
21 | district must use such funds only for the provision of special | ||||||
22 | educational facilities and services, as defined in Section | ||||||
23 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
24 | verification procedures adopted by the State Board of |
| |||||||
| |||||||
1 | Education. | ||||||
2 | (Source: P.A. 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; | ||||||
3 | 97-742, eff. 6-30-13; 97-813, eff. 7-13-12; 98-972, eff. | ||||||
4 | 8-15-14.) | ||||||
5 | Section 25. The Illinois Public Aid Code is amended by | ||||||
6 | adding Section 5-5b.1 and by changing Sections 5-5e, 5A-2, | ||||||
7 | 5A-10, and 14-12 as follows: | ||||||
8 | (305 ILCS 5/5-5b.1 new) | ||||||
9 | Sec. 5-5b.1. Reimbursement rates; Fiscal Year 2015 | ||||||
10 | reductions. | ||||||
11 | (a) Except as provided in subsection (b), notwithstanding | ||||||
12 | any other provision of this Code to the contrary, and subject | ||||||
13 | to rescission if not federally approved, providers of the | ||||||
14 | following services shall have their reimbursement rates or | ||||||
15 | dispensing fees reduced for the remainder of State fiscal year | ||||||
16 | 2015 by an amount equivalent to a 2.25% reduction in | ||||||
17 | appropriations from the General Revenue Fund for the medical | ||||||
18 | assistance program for the full fiscal year: | ||||||
19 | (1) Nursing facility services delivered by a nursing | ||||||
20 | facility licensed under the Nursing Home Care Act. | ||||||
21 | (2) Home health services. | ||||||
22 | (3) Services delivered by a facility designated as a | ||||||
23 | Children's Habilitation Center. | ||||||
24 | (4) Services delivered by a supportive living facility |
| |||||||
| |||||||
1 | as defined in Section 5-5.01a. | ||||||
2 | (5) Services delivered by a specialized mental health | ||||||
3 | rehabilitation facility licensed under the Specialized | ||||||
4 | Mental Health Rehabilitation Act of 2013. | ||||||
5 | (6) Ambulance services. | ||||||
6 | (7) Pharmacy services. | ||||||
7 | (8) Services delivered by a federally
qualified health | ||||||
8 | center as defined in Section 1905 (l)(2)(B) of the federal
| ||||||
9 | Social Security Act. | ||||||
10 | (9) Services delivered by a Managed Care Entity, with | ||||||
11 | the exception of the rate paid to Managed Care Entities for | ||||||
12 | services attributed to hospitals. | ||||||
13 | (10) Services for the treatment of hemophilia. | ||||||
14 | (11) Primary care physician services. | ||||||
15 | (12) Dental services. | ||||||
16 | (13) Optometric services. | ||||||
17 | (14) Podiatry services. | ||||||
18 | (15) Hospice care, including routine home care, | ||||||
19 | continuous home care, inpatient respite care, and general | ||||||
20 | inpatient care. | ||||||
21 | (16) Laboratory services or services provided by | ||||||
22 | independent laboratories. | ||||||
23 | (17) Durable medical equipment and supplies. | ||||||
24 | (18) Renal dialysis services. | ||||||
25 | (19) Birth Center Services. | ||||||
26 | (20) Emergency services other than those offered by or |
| |||||||
| |||||||
1 | in a hospital. | ||||||
2 | (b) No provider shall be exempt from the rate reductions | ||||||
3 | authorized under this Section, except that, rates or payments, | ||||||
4 | or the portion thereof, paid to a provider that is operated by | ||||||
5 | a unit of local government that provides the non-federal share | ||||||
6 | of such services shall not be reduced as provided in this | ||||||
7 | Section. | ||||||
8 | (c) To the extent practical and subject to rescission if | ||||||
9 | not federally approved, the reductions required under this | ||||||
10 | Section must be applied uniformly among and within each group, | ||||||
11 | class, subgroup, or category of providers listed in this | ||||||
12 | Section. | ||||||
13 | (d) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of this Section, emergency | ||||||
15 | rules to implement any provision of this Section may be adopted | ||||||
16 | by the Department in accordance with subsection (s) of Section | ||||||
17 | 5-45 of the Illinois Administrative Procedure Act. | ||||||
18 | (305 ILCS 5/5-5e) | ||||||
19 | (Text of Section before amendment by P.A. 98-1166 ) | ||||||
20 | Sec. 5-5e. Adjusted rates of reimbursement. | ||||||
21 | (a) Rates or payments for services in effect on June 30, | ||||||
22 | 2012 shall be adjusted and
services shall be affected as | ||||||
23 | required by any other provision of this amendatory Act of
the | ||||||
24 | 97th General Assembly. In addition, the Department shall do the | ||||||
25 | following: |
| |||||||
| |||||||
1 | (1) Delink the per diem rate paid for supportive living | ||||||
2 | facility services from the per diem rate paid for nursing | ||||||
3 | facility services, effective for services provided on or | ||||||
4 | after May 1, 2011. | ||||||
5 | (2) Cease payment for bed reserves in nursing | ||||||
6 | facilities and specialized mental health rehabilitation | ||||||
7 | facilities. | ||||||
8 | (2.5) Cease payment for bed reserves for purposes of | ||||||
9 | inpatient hospitalizations to intermediate care facilities | ||||||
10 | for persons with development disabilities, except in the | ||||||
11 | instance of residents who are under 21 years of age. | ||||||
12 | (3) Cease payment of the $10 per day add-on payment to | ||||||
13 | nursing facilities for certain residents with | ||||||
14 | developmental disabilities. | ||||||
15 | (b) After the application of subsection (a), | ||||||
16 | notwithstanding any other provision of this
Code to the | ||||||
17 | contrary and to the extent permitted by federal law, on and | ||||||
18 | after July 1,
2012, the rates of reimbursement for services and | ||||||
19 | other payments provided under this
Code shall further be | ||||||
20 | reduced as follows: | ||||||
21 | (1) Rates or payments for physician services, dental | ||||||
22 | services, or community health center services reimbursed | ||||||
23 | through an encounter rate, and services provided under the | ||||||
24 | Medicaid Rehabilitation Option of the Illinois Title XIX | ||||||
25 | State Plan shall not be further reduced , except as provided | ||||||
26 | in Section 5-5b.1 . |
| |||||||
| |||||||
1 | (2) Rates or payments, or the portion thereof, paid to | ||||||
2 | a provider that is operated by a unit of local government | ||||||
3 | or State University that provides the non-federal share of | ||||||
4 | such services shall not be further reduced , except as | ||||||
5 | provided in Section 5-5b.1 . | ||||||
6 | (3) Rates or payments for hospital services delivered | ||||||
7 | by a hospital defined as a Safety-Net Hospital under | ||||||
8 | Section 5-5e.1 of this Code shall not be further reduced , | ||||||
9 | except as provided in Section 5-5b.1 . | ||||||
10 | (4) Rates or payments for hospital services delivered | ||||||
11 | by a Critical Access Hospital, which is an Illinois | ||||||
12 | hospital designated as a critical care hospital by the | ||||||
13 | Department of Public Health in accordance with 42 CFR 485, | ||||||
14 | Subpart F, shall not be further reduced , except as provided | ||||||
15 | in Section 5-5b.1 . | ||||||
16 | (5) Rates or payments for Nursing Facility Services | ||||||
17 | shall only be further adjusted pursuant to Section 5-5.2 of | ||||||
18 | this Code. | ||||||
19 | (6) Rates or payments for services delivered by long | ||||||
20 | term care facilities licensed under the ID/DD Community | ||||||
21 | Care Act and developmental training services shall not be | ||||||
22 | further reduced. | ||||||
23 | (7) Rates or payments for services provided under | ||||||
24 | capitation rates shall be adjusted taking into | ||||||
25 | consideration the rates reduction and covered services | ||||||
26 | required by this amendatory Act of the 97th General |
| |||||||
| |||||||
1 | Assembly. | ||||||
2 | (8) For hospitals not previously described in this | ||||||
3 | subsection, the rates or payments for hospital services | ||||||
4 | shall be further reduced by 3.5%, except for payments | ||||||
5 | authorized under Section 5A-12.4 of this Code. | ||||||
6 | (9) For all other rates or payments for services | ||||||
7 | delivered by providers not specifically referenced in | ||||||
8 | paragraphs (1) through (8), rates or payments shall be | ||||||
9 | further reduced by 2.7%. | ||||||
10 | (c) Any assessment imposed by this Code shall continue and | ||||||
11 | nothing in this Section shall be construed to cause it to | ||||||
12 | cease.
| ||||||
13 | (d) Notwithstanding any other provision of this Code to the | ||||||
14 | contrary, subject to federal approval under Title XIX of the | ||||||
15 | Social Security Act, for dates of service on and after July 1, | ||||||
16 | 2014, rates or payments for services provided for the purpose | ||||||
17 | of transitioning children from a hospital to home placement or | ||||||
18 | other appropriate setting by a children's community-based | ||||||
19 | health care center authorized under the Alternative Health Care | ||||||
20 | Delivery Act shall be $683 per day. | ||||||
21 | (e) Notwithstanding any other provision of this Code to the | ||||||
22 | contrary, subject to federal approval under Title XIX of the | ||||||
23 | Social Security Act, for dates of service on and after July 1, | ||||||
24 | 2014, rates or payments for home health visits shall be $72. | ||||||
25 | (f) Notwithstanding any other provision of this Code to the | ||||||
26 | contrary, subject to federal approval under Title XIX of the |
| |||||||
| |||||||
1 | Social Security Act, for dates of service on and after July 1, | ||||||
2 | 2014, rates or payments for the certified nursing assistant | ||||||
3 | component of the home health agency rate shall be $20. | ||||||
4 | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13; | ||||||
5 | 98-651, eff. 6-16-14.) | ||||||
6 | (Text of Section after amendment by P.A. 98-1166 ) | ||||||
7 | Sec. 5-5e. Adjusted rates of reimbursement. | ||||||
8 | (a) Rates or payments for services in effect on June 30, | ||||||
9 | 2012 shall be adjusted and
services shall be affected as | ||||||
10 | required by any other provision of this amendatory Act of
the | ||||||
11 | 97th General Assembly. In addition, the Department shall do the | ||||||
12 | following: | ||||||
13 | (1) Delink the per diem rate paid for supportive living | ||||||
14 | facility services from the per diem rate paid for nursing | ||||||
15 | facility services, effective for services provided on or | ||||||
16 | after May 1, 2011. | ||||||
17 | (2) Cease payment for bed reserves in nursing | ||||||
18 | facilities and specialized mental health rehabilitation | ||||||
19 | facilities; for purposes of therapeutic home visits for | ||||||
20 | individuals scoring as TBI on the MDS 3.0, beginning June | ||||||
21 | 1, 2015, the Department shall approve payments for bed | ||||||
22 | reserves in nursing facilities and specialized mental | ||||||
23 | health rehabilitation facilities that have at least a 90% | ||||||
24 | occupancy level and at least 80% of their residents are | ||||||
25 | Medicaid eligible. Payment shall be at a daily rate of 75% |
| |||||||
| |||||||
1 | of an individual's current Medicaid per diem and shall not | ||||||
2 | exceed 10 days in a calendar month. | ||||||
3 | (2.5) Cease payment for bed reserves for purposes of | ||||||
4 | inpatient hospitalizations to intermediate care facilities | ||||||
5 | for persons with development disabilities, except in the | ||||||
6 | instance of residents who are under 21 years of age. | ||||||
7 | (3) Cease payment of the $10 per day add-on payment to | ||||||
8 | nursing facilities for certain residents with | ||||||
9 | developmental disabilities. | ||||||
10 | (b) After the application of subsection (a), | ||||||
11 | notwithstanding any other provision of this
Code to the | ||||||
12 | contrary and to the extent permitted by federal law, on and | ||||||
13 | after July 1,
2012, the rates of reimbursement for services and | ||||||
14 | other payments provided under this
Code shall further be | ||||||
15 | reduced as follows: | ||||||
16 | (1) Rates or payments for physician services, dental | ||||||
17 | services, or community health center services reimbursed | ||||||
18 | through an encounter rate, and services provided under the | ||||||
19 | Medicaid Rehabilitation Option of the Illinois Title XIX | ||||||
20 | State Plan shall not be further reduced , except as provided | ||||||
21 | in Section 5-5b.1 . | ||||||
22 | (2) Rates or payments, or the portion thereof, paid to | ||||||
23 | a provider that is operated by a unit of local government | ||||||
24 | or State University that provides the non-federal share of | ||||||
25 | such services shall not be further reduced , except as | ||||||
26 | provided in Section 5-5b.1 . |
| |||||||
| |||||||
1 | (3) Rates or payments for hospital services delivered | ||||||
2 | by a hospital defined as a Safety-Net Hospital under | ||||||
3 | Section 5-5e.1 of this Code shall not be further reduced , | ||||||
4 | except as provided in Section 5-5b.1 . | ||||||
5 | (4) Rates or payments for hospital services delivered | ||||||
6 | by a Critical Access Hospital, which is an Illinois | ||||||
7 | hospital designated as a critical care hospital by the | ||||||
8 | Department of Public Health in accordance with 42 CFR 485, | ||||||
9 | Subpart F, shall not be further reduced , except as provided | ||||||
10 | in Section 5-5b.1 . | ||||||
11 | (5) Rates or payments for Nursing Facility Services | ||||||
12 | shall only be further adjusted pursuant to Section 5-5.2 of | ||||||
13 | this Code. | ||||||
14 | (6) Rates or payments for services delivered by long | ||||||
15 | term care facilities licensed under the ID/DD Community | ||||||
16 | Care Act and developmental training services shall not be | ||||||
17 | further reduced. | ||||||
18 | (7) Rates or payments for services provided under | ||||||
19 | capitation rates shall be adjusted taking into | ||||||
20 | consideration the rates reduction and covered services | ||||||
21 | required by this amendatory Act of the 97th General | ||||||
22 | Assembly. | ||||||
23 | (8) For hospitals not previously described in this | ||||||
24 | subsection, the rates or payments for hospital services | ||||||
25 | shall be further reduced by 3.5%, except for payments | ||||||
26 | authorized under Section 5A-12.4 of this Code. |
| |||||||
| |||||||
1 | (9) For all other rates or payments for services | ||||||
2 | delivered by providers not specifically referenced in | ||||||
3 | paragraphs (1) through (8), rates or payments shall be | ||||||
4 | further reduced by 2.7%. | ||||||
5 | (c) Any assessment imposed by this Code shall continue and | ||||||
6 | nothing in this Section shall be construed to cause it to | ||||||
7 | cease.
| ||||||
8 | (d) Notwithstanding any other provision of this Code to the | ||||||
9 | contrary, subject to federal approval under Title XIX of the | ||||||
10 | Social Security Act, for dates of service on and after July 1, | ||||||
11 | 2014, rates or payments for services provided for the purpose | ||||||
12 | of transitioning children from a hospital to home placement or | ||||||
13 | other appropriate setting by a children's community-based | ||||||
14 | health care center authorized under the Alternative Health Care | ||||||
15 | Delivery Act shall be $683 per day. | ||||||
16 | (e) Notwithstanding any other provision of this Code to the | ||||||
17 | contrary, subject to federal approval under Title XIX of the | ||||||
18 | Social Security Act, for dates of service on and after July 1, | ||||||
19 | 2014, rates or payments for home health visits shall be $72. | ||||||
20 | (f) Notwithstanding any other provision of this Code to the | ||||||
21 | contrary, subject to federal approval under Title XIX of the | ||||||
22 | Social Security Act, for dates of service on and after July 1, | ||||||
23 | 2014, rates or payments for the certified nursing assistant | ||||||
24 | component of the home health agency rate shall be $20. | ||||||
25 | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13; | ||||||
26 | 98-651, eff. 6-16-14; 98-1166, eff. 6-1-15.) |
| |||||||
| |||||||
1 | (305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2) | ||||||
2 | (Section scheduled to be repealed on July 1, 2018) | ||||||
3 | Sec. 5A-2. Assessment.
| ||||||
4 | (a)
Subject to Sections 5A-3 and 5A-10, for State fiscal | ||||||
5 | years 2009 through 2018, an annual assessment on inpatient | ||||||
6 | services is imposed on each hospital provider in an amount | ||||||
7 | equal to $218.38 multiplied by the difference of the hospital's | ||||||
8 | occupied bed days less the hospital's Medicare bed days, | ||||||
9 | provided, however, that the amount of $218.38 shall be | ||||||
10 | increased by a uniform percentage to generate an amount equal | ||||||
11 | to 75% of the State share of the payments authorized under | ||||||
12 | Section 12-5, with such increase only taking effect upon the | ||||||
13 | date that a State share for such payments is required under | ||||||
14 | federal law. For the period of April through June 2015, the | ||||||
15 | amount of $218.38 used to calculate the assessment under this | ||||||
16 | paragraph shall, by emergency rule under subsection (s) of | ||||||
17 | Section 5-45 of the Illinois Administrative Procedure Act, be | ||||||
18 | increased by a uniform percentage to generate $20,250,000 in | ||||||
19 | the aggregate for that period from all hospitals subject to the | ||||||
20 | annual assessment under this paragraph. | ||||||
21 | For State fiscal years 2009 through 2014 and after, a | ||||||
22 | hospital's occupied bed days and Medicare bed days shall be | ||||||
23 | determined using the most recent data available from each | ||||||
24 | hospital's 2005 Medicare cost report as contained in the | ||||||
25 | Healthcare Cost Report Information System file, for the quarter |
| |||||||
| |||||||
1 | ending on December 31, 2006, without regard to any subsequent | ||||||
2 | adjustments or changes to such data. If a hospital's 2005 | ||||||
3 | Medicare cost report is not contained in the Healthcare Cost | ||||||
4 | Report Information System, then the Illinois Department may | ||||||
5 | obtain the hospital provider's occupied bed days and Medicare | ||||||
6 | bed days from any source available, including, but not limited | ||||||
7 | to, records maintained by the hospital provider, which may be | ||||||
8 | inspected at all times during business hours of the day by the | ||||||
9 | Illinois Department or its duly authorized agents and | ||||||
10 | employees. | ||||||
11 | (b) (Blank).
| ||||||
12 | (b-5) Subject to Sections 5A-3 and 5A-10, for the portion | ||||||
13 | of State fiscal year 2012, beginning June 10, 2012 through June | ||||||
14 | 30, 2012, and for State fiscal years 2013 through 2018, an | ||||||
15 | annual assessment on outpatient services is imposed on each | ||||||
16 | hospital provider in an amount equal to .008766 multiplied by | ||||||
17 | the hospital's outpatient gross revenue, provided, however, | ||||||
18 | that the amount of .008766 shall be increased by a uniform | ||||||
19 | percentage to generate an amount equal to 25% of the State | ||||||
20 | share of the payments authorized under Section 12-5, with such | ||||||
21 | increase only taking effect upon the date that a State share | ||||||
22 | for such payments is required under federal law. For the period | ||||||
23 | beginning June 10, 2012 through June 30, 2012, the annual | ||||||
24 | assessment on outpatient services shall be prorated by | ||||||
25 | multiplying the assessment amount by a fraction, the numerator | ||||||
26 | of which is 21 days and the denominator of which is 365 days. |
| |||||||
| |||||||
1 | For the period of April through June 2015, the amount of | ||||||
2 | .008766 used to calculate the assessment under this paragraph | ||||||
3 | shall, by emergency rule under subsection (s) of Section 5-45 | ||||||
4 | of the Illinois Administrative Procedure Act, be increased by a | ||||||
5 | uniform percentage to generate $6,750,000 in the aggregate for | ||||||
6 | that period from all hospitals subject to the annual assessment | ||||||
7 | under this paragraph. | ||||||
8 | For the portion of State fiscal year 2012, beginning June | ||||||
9 | 10, 2012 through June 30, 2012, and State fiscal years 2013 | ||||||
10 | through 2018, a hospital's outpatient gross revenue shall be | ||||||
11 | determined using the most recent data available from each | ||||||
12 | hospital's 2009 Medicare cost report as contained in the | ||||||
13 | Healthcare Cost Report Information System file, for the quarter | ||||||
14 | ending on June 30, 2011, without regard to any subsequent | ||||||
15 | adjustments or changes to such data. If a hospital's 2009 | ||||||
16 | Medicare cost report is not contained in the Healthcare Cost | ||||||
17 | Report Information System, then the Department may obtain the | ||||||
18 | hospital provider's outpatient gross revenue from any source | ||||||
19 | available, including, but not limited to, records maintained by | ||||||
20 | the hospital provider, which may be inspected at all times | ||||||
21 | during business hours of the day by the Department or its duly | ||||||
22 | authorized agents and employees. | ||||||
23 | (c) (Blank).
| ||||||
24 | (d) Notwithstanding any of the other provisions of this | ||||||
25 | Section, the Department is authorized to adopt rules to reduce | ||||||
26 | the rate of any annual assessment imposed under this Section, |
| |||||||
| |||||||
1 | as authorized by Section 5-46.2 of the Illinois Administrative | ||||||
2 | Procedure Act.
| ||||||
3 | (e) Notwithstanding any other provision of this Section, | ||||||
4 | any plan providing for an assessment on a hospital provider as | ||||||
5 | a permissible tax under Title XIX of the federal Social | ||||||
6 | Security Act and Medicaid-eligible payments to hospital | ||||||
7 | providers from the revenues derived from that assessment shall | ||||||
8 | be reviewed by the Illinois Department of Healthcare and Family | ||||||
9 | Services, as the Single State Medicaid Agency required by | ||||||
10 | federal law, to determine whether those assessments and | ||||||
11 | hospital provider payments meet federal Medicaid standards. If | ||||||
12 | the Department determines that the elements of the plan may | ||||||
13 | meet federal Medicaid standards and a related State Medicaid | ||||||
14 | Plan Amendment is prepared in a manner and form suitable for | ||||||
15 | submission, that State Plan Amendment shall be submitted in a | ||||||
16 | timely manner for review by the Centers for Medicare and | ||||||
17 | Medicaid Services of the United States Department of Health and | ||||||
18 | Human Services and subject to approval by the Centers for | ||||||
19 | Medicare and Medicaid Services of the United States Department | ||||||
20 | of Health and Human Services. No such plan shall become | ||||||
21 | effective without approval by the Illinois General Assembly by | ||||||
22 | the enactment into law of related legislation. Notwithstanding | ||||||
23 | any other provision of this Section, the Department is | ||||||
24 | authorized to adopt rules to reduce the rate of any annual | ||||||
25 | assessment imposed under this Section. Any such rules may be | ||||||
26 | adopted by the Department under Section 5-50 of the Illinois |
| |||||||
| |||||||
1 | Administrative Procedure Act. | ||||||
2 | (Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12; | ||||||
3 | 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
| ||||||
4 | (305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
| ||||||
5 | Sec. 5A-10. Applicability.
| ||||||
6 | (a) The assessment imposed by subsection (a) of Section | ||||||
7 | 5A-2 shall cease to be imposed and the Department's obligation | ||||||
8 | to make payments shall immediately cease, and
any moneys
| ||||||
9 | remaining in the Fund shall be refunded to hospital providers
| ||||||
10 | in proportion to the amounts paid by them, if:
| ||||||
11 | (1) The payments to hospitals required under this | ||||||
12 | Article are not eligible for federal matching funds under | ||||||
13 | Title XIX or XXI of the Social Security Act;
| ||||||
14 | (2) For State fiscal years 2009 through 2018, the
| ||||||
15 | Department of Healthcare and Family Services adopts any | ||||||
16 | administrative rule change to reduce payment rates or | ||||||
17 | alters any payment methodology that reduces any payment | ||||||
18 | rates made to operating hospitals under the approved Title | ||||||
19 | XIX or Title XXI State plan in effect January 1, 2008 | ||||||
20 | except for: | ||||||
21 | (A) any changes for hospitals described in | ||||||
22 | subsection (b) of Section 5A-3; | ||||||
23 | (B) any rates for payments made under this Article | ||||||
24 | V-A; | ||||||
25 | (C) any changes proposed in State plan amendment |
| |||||||
| |||||||
1 | transmittal numbers 08-01, 08-02, 08-04, 08-06, and | ||||||
2 | 08-07; | ||||||
3 | (D) in relation to any admissions on or after | ||||||
4 | January 1, 2011, a modification in the methodology for | ||||||
5 | calculating outlier payments to hospitals for | ||||||
6 | exceptionally costly stays, for hospitals reimbursed | ||||||
7 | under the diagnosis-related grouping methodology in | ||||||
8 | effect on July 1, 2011; provided that the Department | ||||||
9 | shall be limited to one such modification during the | ||||||
10 | 36-month period after the effective date of this | ||||||
11 | amendatory Act of the 96th General Assembly; | ||||||
12 | (E) any changes affecting hospitals authorized by | ||||||
13 | Public Act 97-689; or
| ||||||
14 | (F) any changes authorized by Section 14-12 of this | ||||||
15 | Code, or for any changes authorized under Section 5A-15 | ||||||
16 | of this Code ; or . | ||||||
17 | (G) any changes authorized under Section 5-5b.1. | ||||||
18 | (b) The assessment imposed by Section 5A-2 shall not take | ||||||
19 | effect or
shall
cease to be imposed, and the Department's | ||||||
20 | obligation to make payments shall immediately cease, if the | ||||||
21 | assessment is determined to be an impermissible
tax under Title | ||||||
22 | XIX
of the Social Security Act. Moneys in the Hospital Provider | ||||||
23 | Fund derived
from assessments imposed prior thereto shall be
| ||||||
24 | disbursed in accordance with Section 5A-8 to the extent federal | ||||||
25 | financial participation is
not reduced due to the | ||||||
26 | impermissibility of the assessments, and any
remaining
moneys |
| |||||||
| |||||||
1 | shall be
refunded to hospital providers in proportion to the | ||||||
2 | amounts paid by them.
| ||||||
3 | (c) The assessments imposed by subsection (b-5) of Section | ||||||
4 | 5A-2 shall not take effect or shall cease to be imposed, the | ||||||
5 | Department's obligation to make payments shall immediately | ||||||
6 | cease, and any moneys remaining in the Fund shall be refunded | ||||||
7 | to hospital providers in proportion to the amounts paid by | ||||||
8 | them, if the payments to hospitals required under Section | ||||||
9 | 5A-12.4 are not eligible for federal matching funds under Title | ||||||
10 | XIX of the Social Security Act. | ||||||
11 | (d) The assessments imposed by Section 5A-2 shall not take | ||||||
12 | effect or shall cease to be imposed, the Department's | ||||||
13 | obligation to make payments shall immediately cease, and any | ||||||
14 | moneys remaining in the Fund shall be refunded to hospital | ||||||
15 | providers in proportion to the amounts paid by them, if: | ||||||
16 | (1) for State fiscal years 2013 through 2018, the | ||||||
17 | Department reduces any payment rates to hospitals as in | ||||||
18 | effect on May 1, 2012, or alters any payment methodology as | ||||||
19 | in effect on May 1, 2012, that has the effect of reducing | ||||||
20 | payment rates to hospitals, except for any changes | ||||||
21 | affecting hospitals authorized in Public Act 97-689 and any | ||||||
22 | changes authorized by Section 14-12 of this Code, and | ||||||
23 | except for any changes authorized under Section 5A-15 , and | ||||||
24 | except for any changes authorized under Section 5-5b.1 ; | ||||||
25 | (2) for State fiscal years 2013 through 2018, the | ||||||
26 | Department reduces any supplemental payments made to |
| |||||||
| |||||||
1 | hospitals below the amounts paid for services provided in | ||||||
2 | State fiscal year 2011 as implemented by administrative | ||||||
3 | rules adopted and in effect on or prior to June 30, 2011, | ||||||
4 | except for any changes affecting hospitals authorized in | ||||||
5 | Public Act 97-689 and any changes authorized by Section | ||||||
6 | 14-12 of this Code, and except for any changes authorized | ||||||
7 | under Section 5A-15 , and except for any changes authorized | ||||||
8 | under Section 5-5b.1 ; or | ||||||
9 | (3) for State fiscal years 2015 through 2018, the | ||||||
10 | Department reduces the overall effective rate of | ||||||
11 | reimbursement to hospitals below the level authorized | ||||||
12 | under Section 14-12 of this Code, except for any changes | ||||||
13 | under Section 14-12 or Section 5A-15 of this Code , and | ||||||
14 | except for any changes authorized under Section 5-5b.1 . | ||||||
15 | (Source: P.A. 97-72, eff. 7-1-11; 97-74, eff. 6-30-11; 97-688, | ||||||
16 | eff. 6-14-12; 97-689, eff. 6-14-12; 98-463, eff. 8-16-13; | ||||||
17 | 98-651, eff. 6-16-14.)
| ||||||
18 | (305 ILCS 5/14-12) | ||||||
19 | Sec. 14-12. Hospital rate reform payment system. The | ||||||
20 | hospital payment system pursuant to Section 14-11 of this | ||||||
21 | Article shall be as follows: | ||||||
22 | (a) Inpatient hospital services. Effective for discharges | ||||||
23 | on and after July 1, 2014, reimbursement for inpatient general | ||||||
24 | acute care services shall utilize the All Patient Refined | ||||||
25 | Diagnosis Related Grouping (APR-DRG) software, version 30, |
| |||||||
| |||||||
1 | distributed by 3M TM Health Information System. | ||||||
2 | (1) The Department shall establish Medicaid weighting | ||||||
3 | factors to be used in the reimbursement system established | ||||||
4 | under this subsection. Initial weighting factors shall be | ||||||
5 | the weighting factors as published by 3M Health Information | ||||||
6 | System, associated with Version 30.0 adjusted for the | ||||||
7 | Illinois experience. | ||||||
8 | (2) The Department shall establish a | ||||||
9 | statewide-standardized amount to be used in the inpatient | ||||||
10 | reimbursement system. The Department shall publish these | ||||||
11 | amounts on its website no later than 10 calendar days prior | ||||||
12 | to their effective date. | ||||||
13 | (3) In addition to the statewide-standardized amount, | ||||||
14 | the Department shall develop adjusters to adjust the rate | ||||||
15 | of reimbursement for critical Medicaid providers or | ||||||
16 | services for trauma, transplantation services, perinatal | ||||||
17 | care, and Graduate Medical Education (GME). | ||||||
18 | (4) The Department shall develop add-on payments to | ||||||
19 | account for exceptionally costly inpatient stays, | ||||||
20 | consistent with Medicare outlier principles. Outlier fixed | ||||||
21 | loss thresholds may be updated to control for excessive | ||||||
22 | growth in outlier payments no more frequently than on an | ||||||
23 | annual basis, but at least triennially. Upon updating the | ||||||
24 | fixed loss thresholds, the Department shall be required to | ||||||
25 | update base rates within 12 months. | ||||||
26 | (5) The Department shall define those hospitals or |
| |||||||
| |||||||
1 | distinct parts of hospitals that shall be exempt from the | ||||||
2 | APR-DRG reimbursement system established under this | ||||||
3 | Section. The Department shall publish these hospitals' | ||||||
4 | inpatient rates on its website no later than 10 calendar | ||||||
5 | days prior to their effective date. | ||||||
6 | (6) Beginning July 1, 2014 and ending on June 30, 2018, | ||||||
7 | in addition to the statewide-standardized amount, the | ||||||
8 | Department shall develop an adjustor to adjust the rate of | ||||||
9 | reimbursement for safety-net hospitals defined in Section | ||||||
10 | 5-5e.1 of this Code excluding pediatric hospitals. | ||||||
11 | (7) Beginning July 1, 2014 and ending on June 30, 2018, | ||||||
12 | in addition to the statewide-standardized amount, the | ||||||
13 | Department shall develop an adjustor to adjust the rate of | ||||||
14 | reimbursement for Illinois freestanding inpatient | ||||||
15 | psychiatric hospitals that are not designated as | ||||||
16 | children's hospitals by the Department but are primarily | ||||||
17 | treating patients under the age of 21. | ||||||
18 | (b) Outpatient hospital services. Effective for dates of | ||||||
19 | service on and after July 1, 2014, reimbursement for outpatient | ||||||
20 | services shall utilize the Enhanced Ambulatory Procedure | ||||||
21 | Grouping (E-APG) software, version 3.7 distributed by 3M TM | ||||||
22 | Health Information System. | ||||||
23 | (1) The Department shall establish Medicaid weighting | ||||||
24 | factors to be used in the reimbursement system established | ||||||
25 | under this subsection. The initial weighting factors shall | ||||||
26 | be the weighting factors as published by 3M Health |
| |||||||
| |||||||
1 | Information System, associated with Version 3.7. | ||||||
2 | (2) The Department shall establish service specific | ||||||
3 | statewide-standardized amounts to be used in the | ||||||
4 | reimbursement system. | ||||||
5 | (A) The initial statewide standardized amounts, | ||||||
6 | with the labor portion adjusted by the Calendar Year | ||||||
7 | 2013 Medicare Outpatient Prospective Payment System | ||||||
8 | wage index with reclassifications, shall be published | ||||||
9 | by the Department on its website no later than 10 | ||||||
10 | calendar days prior to their effective date. | ||||||
11 | (B) The Department shall establish adjustments to | ||||||
12 | the statewide-standardized amounts for each Critical | ||||||
13 | Access Hospital, as designated by the Department of | ||||||
14 | Public Health in accordance with 42 CFR 485, Subpart F. | ||||||
15 | The EAPG standardized amounts are determined | ||||||
16 | separately for each critical access hospital such that | ||||||
17 | simulated EAPG payments using outpatient base period | ||||||
18 | paid claim data plus payments under Section 5A-12.4 of | ||||||
19 | this Code net of the associated tax costs are equal to | ||||||
20 | the estimated costs of outpatient base period claims | ||||||
21 | data with a rate year cost inflation factor applied. | ||||||
22 | (3) In addition to the statewide-standardized amounts, | ||||||
23 | the Department shall develop adjusters to adjust the rate | ||||||
24 | of reimbursement for critical Medicaid hospital outpatient | ||||||
25 | providers or services, including outpatient high volume or | ||||||
26 | safety-net hospitals. |
| |||||||
| |||||||
1 | (c) In consultation with the hospital community, the | ||||||
2 | Department is authorized to replace 89 Ill. Admin. Code 152.150 | ||||||
3 | as published in 38 Ill. Reg. 4980 through 4986 within 12 months | ||||||
4 | of the effective date of this amendatory Act of the 98th | ||||||
5 | General Assembly. If the Department does not replace these | ||||||
6 | rules within 12 months of the effective date of this amendatory | ||||||
7 | Act of the 98th General Assembly, the rules in effect for | ||||||
8 | 152.150 as published in 38 Ill. Reg. 4980 through 4986 shall | ||||||
9 | remain in effect until modified by rule by the Department. | ||||||
10 | Nothing in this subsection shall be construed to mandate that | ||||||
11 | the Department file a replacement rule. | ||||||
12 | (d) Transition period.
There shall be a transition period | ||||||
13 | to the reimbursement systems authorized under this Section that | ||||||
14 | shall begin on the effective date of these systems and continue | ||||||
15 | until June 30, 2018, unless extended by rule by the Department. | ||||||
16 | To help provide an orderly and predictable transition to the | ||||||
17 | new reimbursement systems and to preserve and enhance access to | ||||||
18 | the hospital services during this transition, the Department | ||||||
19 | shall allocate a transitional hospital access pool of at least | ||||||
20 | $290,000,000 annually so that transitional hospital access | ||||||
21 | payments are made to hospitals. | ||||||
22 | (1) After the transition period, the Department may | ||||||
23 | begin incorporating the transitional hospital access pool | ||||||
24 | into the base rate structure. | ||||||
25 | (2) After the transition period, if the Department | ||||||
26 | reduces payments from the transitional hospital access |
| |||||||
| |||||||
1 | pool, it shall increase base rates, develop new adjustors, | ||||||
2 | adjust current adjustors, develop new hospital access | ||||||
3 | payments based on updated information, or any combination | ||||||
4 | thereof by an amount equal to the decreases proposed in the | ||||||
5 | transitional hospital access pool payments, ensuring that | ||||||
6 | the entire transitional hospital access pool amount shall | ||||||
7 | continue to be used for hospital payments. | ||||||
8 | (e) Beginning 36 months after initial implementation, the | ||||||
9 | Department shall update the reimbursement components in | ||||||
10 | subsections (a) and (b), including standardized amounts and | ||||||
11 | weighting factors, and at least triennially and no more | ||||||
12 | frequently than annually thereafter. The Department shall | ||||||
13 | publish these updates on its website no later than 30 calendar | ||||||
14 | days prior to their effective date. | ||||||
15 | (f) Continuation of supplemental payments. Any | ||||||
16 | supplemental payments authorized under Illinois Administrative | ||||||
17 | Code 148 effective January 1, 2014 and that continue during the | ||||||
18 | period of July 1, 2014 through December 31, 2014 shall remain | ||||||
19 | in effect as long as the assessment imposed by Section 5A-2 is | ||||||
20 | in effect. | ||||||
21 | (g) Notwithstanding subsections (a) through (f) of this | ||||||
22 | Section and notwithstanding the changes authorized under | ||||||
23 | Section 5-5b.1 , any updates to the system shall not result in | ||||||
24 | any diminishment of the overall effective rates of | ||||||
25 | reimbursement as of the implementation date of the new system | ||||||
26 | (July 1, 2014). These updates shall not preclude variations in |
| |||||||
| |||||||
1 | any individual component of the system or hospital rate | ||||||
2 | variations. Nothing in this Section shall prohibit the | ||||||
3 | Department from increasing the rates of reimbursement or | ||||||
4 | developing payments to ensure access to hospital services. | ||||||
5 | Nothing in this Section shall be construed to guarantee a | ||||||
6 | minimum amount of spending in the aggregate or per hospital as | ||||||
7 | spending may be impacted by factors including but not limited | ||||||
8 | to the number of individuals in the medical assistance program | ||||||
9 | and the severity of illness of the individuals. | ||||||
10 | (h) The Department shall have the authority to modify by | ||||||
11 | rulemaking any changes to the rates or methodologies in this | ||||||
12 | Section as required by the federal government to obtain federal | ||||||
13 | financial participation for expenditures made under this | ||||||
14 | Section. | ||||||
15 | (i) Except for subsections (g) and (h) of this Section, the | ||||||
16 | Department shall, pursuant to subsection (c) of Section 5-40 of | ||||||
17 | the Illinois Administrative Procedure Act, provide for | ||||||
18 | presentation at the June 2014 hearing of the Joint Committee on | ||||||
19 | Administrative Rules (JCAR) additional written notice to JCAR | ||||||
20 | of the following rules in order to commence the second notice | ||||||
21 | period for the following rules: rules published in the Illinois | ||||||
22 | Register, rule dated February 21, 2014 at 38 Ill. Reg. 4559 | ||||||
23 | (Medical Payment), 4628 (Specialized Health Care Delivery | ||||||
24 | Systems), 4640 (Hospital Services), 4932 (Diagnostic Related | ||||||
25 | Grouping (DRG) Prospective Payment System (PPS)), and 4977 | ||||||
26 | (Hospital Reimbursement Changes), and published in the |
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1 | Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499 | ||||||
2 | (Specialized Health Care Delivery Systems) and 6505 (Hospital | ||||||
3 | Services).
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4 | (Source: P.A. 98-651, eff. 6-16-14.) | ||||||
5 | Section 95. No acceleration or delay. Where this Act makes | ||||||
6 | changes in a statute that is represented in this Act by text | ||||||
7 | that is not yet or no longer in effect (for example, a Section | ||||||
8 | represented by multiple versions), the use of that text does | ||||||
9 | not accelerate or delay the taking effect of (i) the changes | ||||||
10 | made by this Act or (ii) provisions derived from any other | ||||||
11 | Public Act. | ||||||
12 | Section 97. Severability. The provisions of this Act are | ||||||
13 | severable
under Section 1.31 of the Statute on Statutes.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law; but this Act does not
take effect at all unless | ||||||
16 | House Bill 317 of the 99th General
Assembly becomes law.
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